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Free Negro
Free Negro
Background
Slavery was legal and practiced in every European
colony in North America, at various points in history.
Not all Africans who came to America were slaves; a
few came even in the 17th century as free men, as
sailors working on ships. In the early colonial years,
some Africans came as indentured servants who were
freed after a set period of years, as did many of the
immigrants from Europe. Such servants became free
when they completed their term of indenture; they Free woman of color with quadroon daughter (also
were also eligible for headrights for land in the new free); late 18th-century collage painting, New
Orleans.
colony in the Chesapeake Bay region, where
indentured servants were more common. As early as
1678, a class of free black people existed in North America.[1]
Years Number[5]
1620–1700 21,000
1701–1760 189,000
1761–1770 63,000
1771–1780 15,000
Total 287,000
The life expectancy of slaves was much higher in the Thirteen Colonies than in Latin America, the
Caribbean or Brazil. This, combined with a very high birth rate, meant that the number of slaves grew
rapidly, as the number of births exceeded the number of deaths, reaching nearly 4 million by the time of the
1860 United States census.[6] From 1770 until 1860 the rate of natural population growth among American
slaves was much greater than for the population of any nation in Europe, and was nearly twice as rapid as
that of Britain. This was sometimes attributed to very high birth rates: "U.S. slaves, then, reached similar
rates of natural increase to whites not because of any special privileges but through a process of great
suffering and material deprivation".[7]
The Southern Colonies (Maryland, Virginia, and Carolina) imported more slaves, initially from long-
established European colonies in the West Indies. Like them, the mainland colonies rapidly increased
restrictions that defined slavery as a racial caste associated with African ethnicity. In 1663 Virginia adopted
the principle in slave law of partus sequitur ventrem, according to which children were born into the status
of their mother, rather than taking the status of their father, as was then customary for English subjects under
common law. Other colonies followed suit. This meant that children of slave mothers in colonial America
were also slaves, regardless of their fathers' ethnicity. In some cases, this could result in a person's being
legally white under Virginia law of the time, although born into slavery.
According to Paul Heinegg, most of the free Black families established in the Thirteen Colonies before the
American Revolution of the late 18th century descended from unions between white women (whether
indentured servants or free) and African men (whether indentured servant, free, or enslaved). These
relationships took place mostly among the working class, reflecting the fluid societies of the time. Because
such mixed-race children were born to free women, they were free. Through use of court documents,
deeds, wills, and other records, Heinegg traced such families as the ancestors of nearly 80 percent of the
free Black people recorded in the censuses of the Upper South from 1790 to 1810.[8]
In addition, slave owners manumitted slaves for various reasons: to reward long years of service, because
heirs did not want to take on slaves, or to free slave concubines and/or their children. Slaves were
sometimes allowed to buy their freedom; they might be permitted to save money from fees paid when they
were "hired out" to work for other parties.[9] In the mid-to-late 18th century, Methodist and Baptist
evangelists during the period of the First Great Awakening (c. 1730–1755) encouraged slave owners to free
their slaves, in their belief that all men were equal before God. They converted many slaves to Christianity
and approved black leaders as preachers; blacks developed their own strain of Christianity. Before the
American Revolutionary War of 1775–1783, few slaves were manumitted; on the eve of the American
Revolution, there was an estimated 30,000 free African Americans in Colonial America which accounts for
about 5% of the total African American population with most of free African Americans being mixed race.
Since the portion of free African Americans were so small and could possibly pass as white, they were not
deemed a threat to the White population to warrant anti-Black legislation. However, historian Ira Berlin
states that this figure could be as high as 25 percent due to errors in census collection, ambiguous status of
runaway slaves, white-passing persons, and slaves who lived as if they were free but did not have the
papers to prove it.[10]
The war greatly disrupted slave societies. Beginning with the 1775 proclamation of Lord Dunmore,
governor of Virginia, the British recruited slaves of American revolutionaries to their armed forces and
promised them freedom in return. The Continental Army gradually also began to allow blacks to fight,
giving them promises of freedom in return for their service.[11] Tens of thousands of slaves escaped from
plantations or from other venues during the war, especially in the South.[12] Some joined British lines or
disappeared in the disruption of war. After the war, when the British evacuated New York in November
1783, they transported more than 3,000 Black Loyalists and thousands of other American Loyalists to
resettle in Nova Scotia and in what became Upper Canada (part of present-day Ontario). A total of more
than 29,000 Loyalist refugees eventually departed from New York City alone. The British evacuated
thousands of other slaves when they left Southern ports, resettling many in the Caribbean and others in
England.
In the first two decades after the war, the number and proportion of free Negroes in the United States rose
dramatically: northern states abolished slavery, almost all gradually.[13] But also many slave owners, in the
Upper South especially, inspired by the war's ideals, manumitted their slaves. From 1790 to 1810, the
proportion of free blacks in the Upper South rose from less than 1% to overall, and nationally, the
proportion of free blacks among blacks rose to 13%. The spread of cotton cultivation in the Deep South
drove up the demand for slaves after 1810, and the number of manumissions dropped after this period. In
the antebellum period many slaves escaped to freedom in the North and in Canada by running away,
assisted by the Underground Railroad, staffed by former slaves and by abolitionist sympathizers.[14] Census
enumeration found a total of 488,070 "free colored" persons in the United States in 1860.[15]
Abolitionism
Most organized political and social movements to end slavery did not begin until the mid-18th
century.[16]: 70 The sentiments of the American Revolution and the equality evoked by the Declaration of
Independence rallied many black Americans toward the revolutionary cause and their own hopes of
emancipation; both enslaved and free black men fought in the Revolution on both sides.[16]: 70–71 In the
North, slaves ran away from their owners in the confusion of war, while in the South, some slaves declared
themselves free and abandoned their slave work to join the British.[16]: 71
In the 1770s, blacks throughout New England began sending petitions to northern legislatures demanding
freedom; by 1800, all of the northern states had abolished slavery or set measures in place to gradually
reduce it.[16]: 72 [17] While free, blacks often had to struggle with reduced civil rights, such as restrictions on
voting, as well as racism, segregation, or physical violence.[16]: 73–74 Vermont abolished slavery in 1777,
while it was still independent, and when it joined the United States as the 14th state in 1791 it was the first
state to have done so. All the other Northern states abolished slavery between 1780 and 1804, leaving the
slave states of the South as defenders of the "peculiar institution". Massachusetts abolished slavery in 1780,
and several other Northern states adopted gradual emancipation. In 1804, New Jersey became the last
original Northern state to embark on gradual emancipation. Slavery was proscribed in the federal Northwest
Territory under the Northwest Ordinance of 1787, passed just before the U.S. Constitution was ratified. The
free black population increased from 8% to 13.5% from 1790 to 1810; most of whom lived in the Mid-
Atlantic States, New England, and the Upper South, where most of the slave population lived at the
time.[16]: 77
The rights of free blacks fluctuated and waned with the gradual rise in power among poor white men during
the late 1820s and early 1830s.[16]: 80 The National Negro Convention movement began in 1830, with
black men holding regular meetings to discuss the future of the black "race" in America; some women such
as Maria Stewart and Sojourner Truth made their voices heard through public lecturing.[16]: 80 The National
Negro Convention encouraged a boycott of slave-produced goods. These efforts were met with resistance,
however, as the early 19th century brought renewed anti-black sentiment after the spirit of the Revolution
began to die down.[17]
Southern states also passed harsh laws regulating the conduct of free blacks, in several cases banning them
from entering or settling in the state. In Mississippi, a free Negro could be sold into slavery after spending
ten days in state. Arkansas passed a law in 1859 that would have enslaved every free black person still
present by 1860; although it was not enforced, it succeeded in reducing Arkansas's population of free blacks
to below that of any other slave state.[19] A number of Northern states also restricted the migration of free
blacks, with the result that emancipated blacks had difficulty finding places to legally settle.[20]
The abolitionist cause attracted interracial support in the North during the antebellum years. Under President
Abraham Lincoln, Congress passed several laws to aid blacks to gain a semblance of freedom during the
American Civil War; the Confiscation Act of 1861 allowed fugitive slaves who escaped to behind Union
lines to remain free, as the military declared them part of "contraband" from the war and refused to return
them to slaveholders; the Confiscation Act of 1862 guaranteed both fugitive slaves and their families
everlasting freedom, and the Militia Act allowed black men to enroll in military service.[16]: 138
In January 1863, Lincoln's Emancipation Proclamation freed the enslaved in Confederate-held territory
only. Black men were officially admitted to serve in the Union Army and the United States Colored Troops
were organized. Black participation in fighting proved essential to Union victory.[16]: 70
In 1865, the Union won the Civil War, and states ratified the Thirteenth Amendment, outlawing slavery
(except as punishment for a crime) throughout the entire country. The Southern states initially enacted Black
Codes in an attempt to maintain control over black labor. The Mississippi Black Code (the first to pass and
the best known) distinguished between "free negroes" (referring to those who had been free before the war,
in some places called "Old Issues"), (newly free) "freedmen", and "mulattoes" — though placing similar
restrictions on freedom for all. US-born blacks gained legal citizenship with the Civil Rights Act of 1866,
followed by the Fourteenth Amendment Citizenship Clause.[21]
Regional differences
Migration to cities
The lives of free blacks varied depending on their location within the United States. There was a significant
free-black bias towards cities, as many rural free blacks migrated to cities over time, both in the North and
the South. Cities were the chief destinations for migrating free blacks in the South, as cities gave free blacks
a wider range of economic and social opportunities. Most southern cities had independently black-run
churches as well as secret schools for educational advancement.[22] Northern cities also gave blacks better
opportunities. For example, free Negroes who lived in Boston generally had more access to formal
education.[23]
In the South
Before the American Revolution, there were very few free blacks in the Southern colonies.[24] The Lower
South, except for its cities, did not attract many free blacks. The number of urban free Negroes grew faster
than the total free black population, and this growth largely came from a mass migration of rural free
Negroes moving to cities, such as Richmond and Petersburg of Virginia, Raleigh and Wilmington of North
Carolina, Charleston of South Carolina, and Savannah (and later Atlanta) of Georgia.[25] The South overall
developed two distinct groups of free Negroes. Those in the Upper South were more numerous: the 1860
census showed only 144 free Negroes in Arkansas, 773 in Mississippi, and 932 in Florida, while in
Maryland there were 83,942; in Virginia, 58,042; in North Carolina, 30,463; and in Louisiana, 18,647.[26]
Free blacks in the Lower South were more urban, educated, wealthier, and were generally of mixed race
with white fathers, compared to free blacks in the Upper South.[27] Despite these differences, the Southern
states passed similar laws to regulate black life, borrowing from one another.[28][26]
In Florida, legislation passed in 1847 required all free Negroes to have a white person as a legal
guardian;[29]: 120 in 1855, an act was passed which prevented free Negroes from entering the state.[29]: 119
"In 1861, an act was passed requiring all free Negroes in Florida to register with the judge of probate in
whose county they resided. The Negro, when registering, had to give his name, age, color, sex, and
occupation and had to pay one dollar to register ... All Negroes over twelve years of age had to have a
guardian approved by the probate judge ... The guardian could be sued for any crime committed by the
Negro; the Negro could not be sued. Under the new law, any free Negro or mulatto who did not register
with the nearest probate judge was classified as a slave and became the lawful property of any white person
who claimed possession."[29]: 121
Free Blacks were ordered to leave Arkansas as of January 1, 1860, or they would be enslaved. Most
left.[33]
Free Black people could not enter many professional occupations, such as medicine and law, because they
were barred from the necessary education. This was also true of occupations that required firearm
possession, elective office, or a liquor license. Many of these careers also required large capital investments
that most free Black people could not afford. Exceptions to these limitations existed, as with physicians
Sarah Parker Remond and Martin Delany in Louisville, Kentucky.[37]
The 1830s saw a significant effort by white communities to oppose Black people's education, coinciding
with the emergence of public schooling in northern American society.[38] Public schooling and citizenship
were linked together, and because of the ambiguity that surrounded Black citizenship status, blacks were
effectively excluded from public access to universal education.[39] Paradoxically, the free black community
of Baltimore in the antebellum years made more significant strides in increasing black access to education
than did Boston and New Haven.[40] Most southern states had no public education systems until these were
established during Reconstruction by the new biracial legislatures. Educated free Black people created
literary societies in the North, making libraries available to blacks in a time when books were costly but
dues or subscription fees were required for membership.
Free Black males enjoyed wider employment opportunities than free Black females, who were largely
confined to domestic occupations.[41] While free Black boys could become apprentices to carpenters,
coopers, barbers, and blacksmiths, girls' options were much more limited, confined to domestic work such
as being cooks, cleaning women, seamstresses, and child-nurturers.[42] Despite this, in certain areas, free
Black women could become prominent members of the free Black community, running households and
constituting a significant portion of the free Black paid labor force.[43] One of the most highly skilled
professions for a woman was teaching.[44]
Many free African American families in colonial North Carolina and Virginia became landowners and some
also became slave owners. In some cases, they purchased members of their own families to protect them
until they could set them free. In other cases, they participated in the full slave economy. For example, a
freedman named Cyprian Ricard purchased an estate in Louisiana that included 100 slaves.[45][46]
Free Black people drew up petitions and joined the army during the American Revolution, motivated by the
common hope of freedom.[47] This hope was bolstered by the 1775 proclamation by British official Lord
Dunmore, who promised freedom to any slave who fought on the side of the British during the war.[48]
Black people also fought on the American side, hoping to gain benefits of citizenship later on.[49] During
the Civil War, free blacks fought on both the Confederate and Union sides. Southern free Black people who
fought on the Confederate side were hoping to gain a greater degree of tolerance and acceptance among
their white neighbors.[50] The hope of equality through the military was realized over time, such as with the
equalization of pay for Black and white soldiers a month before the end of the Civil War.[16]
Women
Within free black marriages, many women were able to participate more equally in their relationships than
elite white women.[51]: 224 This potential for equality in marriage can be seen through the example of the
"colored aristocracy" of the small black elite in St. Louis, where women were often economic partners in
their marriages.[51]: 225 These small groups of blacks were generally descended from French and Spanish
mixed marriages. Under the French, the women in these marriages had the same rights as white women and
could hold property.[52] These black women hoped to remain financially independent both for themselves
and for the sake of protecting their children from Missouri's restrictive laws.[51]: 225 This level of black
female agency also made female-centered households attractive to widows.[51]: 224 The traditional idea of
husband dominating wife could not be the central idea in these elite marriages because of women's
importance in bringing income into the family.[51]: 227 Women had to exercise caution in married
relationships, however, as marrying a black man who was still a slave would make the free black woman
legally responsible for his behavior, good or bad.[53]
There are multiple examples of free black women exerting agency within society, and many of these
examples include exerting legal power. Slavery and freedom coexisted with an uncertainty that was
dangerous for free blacks. From 1832 to 1837, the story of Margaret Morgan and her family presents a
prime example of the danger to free blacks from the ambiguous legal definitions of their status. The Morgan
family's legal entanglement led to the case of Prigg v. Pennsylvania, in which it was decided that their
captors could supersede Pennsylvania's personal liberty law and claim ownership of the Morgans.[54] This
case highlighted the constitutional ambiguity of black rights while also illustrating the active effort by some
in the white community to limit those rights.
In New England, slave women went to court to gain their freedom while free black women went to court to
hold on to theirs; the New England legal system was unique in its accessibility to free blacks and the
availability of attorneys.[55] Women's freedom suits were often based on technicalities, such as the lack of
legal slave documents or mixed-race ancestry that exempted some from slave service. In New England in
1716, Joan Jackson became the first slave woman to win her freedom in a New England court.[55]
Elizabeth Freeman brought the first legal test of the constitutionality of slavery in Massachusetts after the
American Revolution, asserting that the state's new constitution and its assertions of men's equality under
the law meant that slavery could not exist. As a landowner and taxpayer, she is considered to be one of the
most famous black women of the revolutionary era.[56] Coverture limited the ability of some free black
women to file lawsuits on their own, but a few women still filed jointly with their husbands.[57]
See also
Antebellum Black community
Abyssinian Meeting House
Free people of color
Slavery in the United States
Slavery in Canada
Notes
References
Specific
Further reading
Berlin, Ira. Slaves Without Masters: The Free Negro in the Antebellum South (1974).
Burton, Orville Vernon. "Anatomy of an Antebellum Rural Free Black Community: Social
Structure and Social Interaction in Edgefield District, South Carolina, 1850–1860," Southern
Studies: An Interdisciplinary Journal of the South (1982) 21#3 pp. 294–325.
Curry, Leonard P. The Free Black in Urban America, 1800–1850: The Shadow of the Dream
(University of Chicago Press, 1981).
Diemer, Andrew K. The Politics of Black Citizenship: Free African Americans in the Mid-
Atlantic Borderland, 1817–1863 (University of Georgia Press, 2016). xvi, 253 pp.
Franklin, John Hope. Free Negroes in North Carolina.
Hancock, Scott. "From "No Country" to "Our Country!" Living Out Manumission and the
Boundaries of Rights and Citizenship, 1773–1855." (http://cupola.gettysburg.edu/cgi/viewco
ntent.cgi?article=1005&context=afsfac) Paths to Freedom: Manumission in the Atlantic World
(University of South Carolina Press, 2009), 265–289.
Horton, James O. Free People of Color: Inside the African American Community
(Smithsonian Institution Press, 1993).
Horton, James O., and Lois E. Horton. Black Bostonian's: Family Life and Community
Struggle in the Antebellum North (New York: Holmes and Meier, 1979).
King, Wilma. The Essence of Liberty: Free Black Women during the Slave Era (2006).
Lebsock, Susan. "Free black women and the question of matriarchy: Petersburg, Virginia,
1784–1820," Feminist n Mk (1982) 8#2 pp. 271–92.
Polgar, Paul J. "'Whenever They Judge it Expedient': The Politics of Partisanship and Free
Black Voting Rights in Early National New York," American Nineteenth Century History
(2011), 12#1 pp. 1–23.
Rohrs, Richard C., "The Free Black Experience in Antebellum Wilmington, North Carolina (h
ttp://go.galegroup.com/ps/i.do?id=GALE%7CA300443415&v=2.1&u=unc_main&it=r&inPS=t
rue&prodId=AONE&userGroupName=unc_main&p=AONE&digest=cc2c3c36c34c7676d1ef
56bcb99e19a2&rssr=rss): Refining Generalizations about Race Relations," Journal of
Southern History 78 (August 2012), 615–38.
Wilson, Theodore Brantner. The Black Codes of the South. University of Alabama Press,
1965.
External links
The University of North Carolina at Greensboro Digital Library on American Slavery: Browse
Subjects – Free People of Color (http://library.uncg.edu/slavery/index.aspx?s=3)