Читать книгу The Journal of Negro History, Volume 3, 1918 - Various - Страница 5

To determine the sources of the Negroes first brought into California their treatment by the whites and the methods employed to obtain their freedom no documents are more valuable than the manumission papers found in the archives of that State. These throw much light also on the personal history of Negroes, many of whom later became useful citizens of that State.

E. H. Taylor

to

Dennis Aviery

Slave Release

To all whom it may concern; This is to certify that Dennis Aviery has been my Slave in the State of Georgia for about the term of eight years but by virtue of money to me in hand paid he is free and Liberated from all allegiance to my authority. Coloma Eldorado county California Feb. 8, 1851

Witness George Soall

State of California

Eldorado Co.

S.S

On this eight day of February, A.D. 1851 personally appeared before me the recorder of said County. E. H. Taylor, satisfactory proved to me to be the person discribed in and who executed the foregoing instrument of liberating his negro slave by the oath of George Scall, a competent witness for that purpose by me duly sworn and the said E. H. Taylor acknowledged that he executed the same freely and voluntarily for the use and purposes therein mentioned. In testimony the thereof, I, John A. Reichart; Recorder for the said county have hereunto signed my name, and affixed the seal of said office at Coloma this day of year first above written

John A. Reichart Recorder of Eldorado county

Filed for Recording February, 8, 1851 at 9, oclock A.M.

J. A. Reichart Recorder's office Record Book42

Samuel Granthan

to

Aleck Long

State of California

Eldorado County

Deed of Manumission

Know all men by these presents that I Samuel Grantham of the county and state aforesaid, acting by power of Attorney vested in me by S. Oliver Grantham of St Louis, State of Missouri, acting for and in behalf of said S. Oliver Granthan, and in consideration of the sum of four hundred dollars to me in hand paid the same to receive to the benefit of the said Oliver Grantham have this day liberated, set free and fully and effectually manumitted, Aleck Long. Heretofore a slave for life—the lawful property of the said Thomas Granthan. The description of said Aleck Long, being as follows to wit: about fifty-seven years old; five feet, ten inches in height, gray hair dark complexion with a scar on the inside of the left leg above the ankle.—The said Aleck Long to enjoy and possess now and from hence forth the full exercise of all rights, benefits and privileges of a free man of color free of all or any claim to servitude, slavery or service of the said S. A. Granthan, his heirs, Executors, and assigns and all other persons claiming or to claim forever.

In Testimony of this seal of Manumission, I have this day signed my name and affixed my seal this 2nd day of March 1852.

Samuel A. Granthan

Attorney for State of California

County of Eldorado.

Personally appeared before me William Palmer who makes oath and says that Samuel Granthan, whose name appears in the accompanying Seal of Manumission as a party thereto did freely voluntarily and of his own will execute to and subscribe the same for the uses and purpose therein contained.

Witness my hand and seal this day of March, 1852. A.D. at 4. P.M.

J. A. Reichart

Recorder of Eldorado County California

Gaven D. Hall (S.S.)

Judge of Eldorado county

Eldorado county Recorder's office, Record Book.43

A. J. Houstis

County Judge of Humboldt County 44

Free Papers of the Slave

Washington,—from Franklin Stewart

State of California, County of Butte—

Know all men by these presents that Franklin Stewart of the County and State aforesaid do, for and in consideration of seventeen years of faithful service of my slave Washington, rendered by him in the State of Arkansas and Missouri, hereby set free and emancipate him the said slave, his age about thirty-three years, color slight copper and relinquish all rights in the said slave Washington which I might be entitled to in law or equity.

Given under my hand and seal this day 4th of May A.D. 1852 Eldorado county Recorder's office

Record Book, "A"

Taylor Barton

to

Negro BoB

State of California

Eldorado County   S.S.

Emancipation

Know all men to whom these presents shall come; That I, Taylor Barton lately a citizen of the State of Missouri and owner of slaves, do here by this instrument under my hand and seal given this ninth day of October, in the year of our Lord eighteen hundred and fifty one set free from bondage to me and all men my slave Bob, and do declare him forever hereafter his own man wherever he may go. Nevertheless I make this condition that the said Bob shall remain with me as my slave faithful and obedient unto me until the twenty-fifth day of December next, commonly known as Christmas.

Witness my hand and seal on the day and date aforesaid this date.

Taylor Barton (S.S.)

William F. EmersonDecember, 25th 1851

I do hereby, declare My Slave Bob, to be forever free from and after this date.

Taylor Barton (S.S.)

In the presence of I. G. Canfield,Justice of the Peace.

Filed for Record

January 5th 1852, at 4.p.m.

John A. Reichart, Recorder of Eldorado County California.45

Eldorado

State of California

County of Mariposa.

Know all men to whom these presents shall come that, I Thomas Thorn of the State and County aforesaid being the rightful owner of the Negro man Peter Green and entitled to his service as a slave during his life have this day released and do by these presents release him from any further service as a slave. And I do by these presents from myself, my heirs, Executors and Administrators declare him, the said Peter Green to be free to act for himself and no longer under bonds as a slave. Provided however that the said Peter Green, shall pay to me the sum of one thousand dollars, good lawful money or work for and serve me from the present time until one year from and after the first day of April next being until the first day of April A.D. 1854

In Testimony whereof, I have here unto affixed my hand and Scroll for Seal at Quartzburge this day 5th of February A.D. one thousand eight hundred and fifty three.

Thomas Thorn (Seal

In the presence of Benjamine F. Ropp. P. Cadell, jr. Joseph A. Tiry I hereby notify that the above obligation has been complied with and that Peter Green was legally discharged.

Given under my hand at Quarzburge this 7th day of August, A.D. 1855.

James Givens

Justice of the Peace. 46

This indenture made and entered into this 14th day August, A.D. 1860 between A. J. Houstis as county Judge of Humboldt County for and in behalf of a certain Indian boy called and known by the name of "Smoky" of the first part and Austin Wiley, of the said county of the second part. That Whereas the said Austin Wiley had in his possession and under his control a certain Indian boy named "Smoky" And whereas the said Austin Wiley avers that he with the assistance of James Frint obtained said Indian of their parents in Mattole valley of this county, by and with their consent. And whereas the said Austin Wiley does now apply to me as County Judge to bond and apprentice the said boy "Smoky" to him according to law to learn the art of household duties about his premises and in this respect to hold the relation of an apprentice until he shall arrive at the lawful majority, the age of twenty-five years, or for the term of seventeen years next following this indenture, the boy being now considered eight years of age. And whereas it appears to me that the second party in this agreement has obtained this boy in a lawful manner without fraud or oppression and that the boy "Smoky" therefore comes justly under the first provision of the law providing for apprenticeship approved April, 8th A.D. 1860.

Now therefore I, A. J. Houstis, County Judge Aforesaid, in consideration of the premises and acting for and on behalf of the said Indian boy "Smoky" do by these presents bind and apprentice as above stated the said boy "Smoky" to Austin Wiley for and during the term of seventeen years next following this indenture entitling him according to law to have the care custody, control and earnings of said boy during said period and all other advantages and responsibilities growing out of this indenture and apprenticeship, that the law contemplates. And the said Austin Wiley, the second part in his agreement doth hereby agree, obligate and bind himself that he will truly and faithfully discharge all obligations on his part growing out of this indenture according to law. That he will suitably clothe and provide the necessaries of life for the said boy during his term of indenture. That he will in all respects treat him in a human manner. That he will not take him out of this state nor transfer him to any party not known in this agreement without the consent of legal authorities endorsed thereon and that in all respects she will carry out every provision of law that contemplates the safety, protection and well being of said boy.

In witness whereof the parties of this indenture hereunto set their hand and seal this date first above written.

A.J.Houstis      

County Judge

First party

Austin Wiley,      

Second party

State of California

Humboldt County

And now comes Austin Wiley and deposes as follows:

The statement made by me in the preamble to this indenture refering to the age of the Indian boy "Smoky" and the manner in which I obtained him are true to the best of my knowledge and belief

Austin Wiley

Sworn to and subscribed before me on this 14th day of August A.D. 1860

A. J. Houstis

County Judge of Humboldt County.

Before the Hon. Benjamin Hayes,

Judge of the District Court of

the 1st Judicial District, State

of California, County of Los Angeles.47

In the matter of Hannah and her children, Ann (and Mary, child of Ann), Lawrence, Nathaniel, Jane, Charles, Marion, Martha and an infant boy two weeks old, and of Biddy and her children Ellen, Ann and Harriet, on petition for Habeas Corpus.

Now on this nineteenth day of January in the year of our Lord, one thousand eight hundred and fifty-six, the said persons above named are brought before me, in the custody of the Sheriff of said County, all except the said Hannah and infant boy two weeks old, (who are satisfactorily shown to be too infirm to be brought before me,) and except Lawrence (who is necessarily occupied in waiting on his said Mother, Hannah) and Charles (who is absent in San Bernardino County, but within the said Judicial District:) and said Robert Smith, Claimant also appears with his Attorney, Alonzo Thomas, Esq. And after hearing and duly considering the said petition for Habeas Corpus and the return of said Claimant thereto and all the proofs and allegations of the said parties and all the proceedings previously had herein, it appearing satisfactorily to the judge here, that all the said persons so suing in this case, to-wit: Hannah and her said children and Biddy and her said Children are persons of color, and that Charles, aged now six years, was born in the Territory of Utah of the United States, and Marion (aged four years,) Martha (aged two years) Mary, daughter of the said Ann and aged two years and the said infant boy aged two weeks, were born in the State of California and that the said Hannah, Ann, Lawrence, Nathaniel, Jane and Charles, as well as the said Biddy, Ellen, Ann and Harriet, have resided with the said Robert Smith for more than four years and since some time in the year of our Lord one thousand eight hundred and fifty-one, in the State of California; and it further appearing that the said Robert Smith left and removed from the State of Mississippi more than eight years ago with the intention of not returning thereto, but of establishing himself as a resident in Utah Territory, and more than four years ago left and removed from said Utah Territory, with the intention of residing and establishing himself in the State of California and has so resided in said last mentioned State since some time in the year of our Lord one thousand eight hundred and fifty-one. And it further appearing by satisfactory proof to the Judge here, that all the said persons of color are entitled to their freedom and are free and cannot be held in slavery or involuntary servitude, it is therefore adjudged that they are entitled to their freedom, and are free forever. And it further appearing to the satisfaction of the Judge here that the said Robert Smith intends and is about to remove from the state of California, where slavery does not exist, to the state of Texas, where slavery of Negroes and persons of color does exist and is established by the municipal laws, and intends to remove said before mentioned persons of color to his own use, without the free will and consent of all or any of the said persons of color, whereby their liberty will be greatly jeopardized, and there is good reason to apprehend and believe that they may be sold into slavery or involuntary servitude, and the said Robert Smith is persuading and enticing and seducing, said persons of color to go out of the State of California and to be taken and removed therefrom with the false promise held out to them that they will be as free in the State of Texas as in the State of California. And it further appearing that none of said persons of color can read and write, and are almost entirely ignorant of the laws of the State of California, as well as those of the State of Texas, and of their rights, and that the said Robert Smith from his past relations to them as members of his family, possesses and exercises over them an undue influence in respect to the matter of their said removal insomuch that they have been in duress and not in possession and exercise of their free will so as to give a binding consent to any engagement or arrangement with him. And it further appearing that the said Hannah, is aged thirty-four years, and her daughter, Ann, seventeen years, and all her other children, to-wit: Lawrence, (aged from twelve to thirteen years) Nathaniel (aged from ten to eleven years), Jane, (aged eight years) Charles (aged six years) Marion (aged four years) Martha, (aged two years) and said infant boy of Hannah aged two weeks, as well as Mary (aged two years), daughter of said Ann, are under the age of fourteen years and so under the laws of the State of California are not competent to choose a Guardian for themselves; and it further appearing that the said Biddy is aged thirty-eight years, and the said Ellen is aged seventeen years, and the other children of said Biddy, to-wit: Ann (aged from twelve to thirteen) and Harriet (aged eight years) are under the age of fourteen years, and so by the laws of the State of California are not competent to choose a Guardian for themselves. It further appearing that the said infant boy two weeks of age of Hannah is of tender age and must be kept with his said mother Hannah, the same is accordingly ordered, and said infant boy is entrusted to his said mother hereby, and is ordered to appear with him before the Judge here at the Court House in the City of Los Angeles on next Monday January 1, 1856 at 10 o'clock A.M. of said day if her health shall so permit and if not, as soon thereafter as may be practicable of which the Sheriff of Los Angeles is hereby notified to notify her the said Hannah and whereof the said Robert Smith, being now in the Court has notice, it appearing that she resides in his house and is under his control. And the said Mary, child of Ann appearing to be of tender age, is entrusted to the said Ann to be brought before the Judge here at the time and place aforesaid to be dealt with according to law of which the said Ann and the said Robert Smith have notice here, and the said Martha being of tender years is entrusted to the said Ann, her sister, to be brought before the Judge here at the time and place aforesaid to be dealt with according to law of which the said Ann and the said Robert Smith here have notice and the said Hannah and Ann are appointed Special Guardians respectively of the children so hereby entrusted to them, and notified that it is their duty to obey all lawful orders of the Judge here or of some competent Court touching the premises. And the further hearing of this case as to the said Hannah and infant boy and her child, Lawrence and her children Charles and Mary and Martha is adjourned until said last mentioned time at the Court House of the City of Los Angeles, and it is further ordered that the said Nathaniel (aged from ten to twelve years) Jane (aged eight years) Marion (aged four years) all children of said Hannah, and said child Ann (aged from twelve to thirteen years) and Harriet (aged eight years) are committed to the custody of the Sheriff of Los Angeles County, David W. Alexander, Esq., as especial Guardian until the further order of the Judge here or of other Judge or Court of competent Jurisdiction to appoint General Guardians of aforesaid Children last mentioned, and the said Sheriff will leave in full liberty and discharge the said Biddy and her child Ellen (aged Seventeen years) and the said Ann only being required to obey the said order herinbefore made to appear before the Judge here in manner and form as aforesaid. And it further appearing that the said Charles is absent in San Bernardino County, within said Judicial District. It is ordered that Robert Clift, Esq. Sheriff of said County be and he is hereby appointed Special Guardian of said Charles and as such duly authorized and required to take said Charles in his custody and him safely keep in such manner that said Charles shall not be removed out of the State of California, but shall abide the further order of the Judge here or other Judge or Court of competent Jurisdiction touching his Guardianship. And it is further ordered and adjudged that all the costs accrued in the case up to the present date and in executing the present order of the Judge here as to the production of the said Hannah and her said infant two weeks old and said Lawrence, Martha and Mary before the Judge here as aforesaid shall be paid by the Said Robert Smith.

Given under my hand as Judge of the first Judicial District of the State of California on this 19th day of January, A. D. 1856, at the City of Los Angeles.

Benjamin Hayes,

District Judge.

On this 19th day of January appears the said Robert Smith by his attorney, Alonzo Thomas, Esq., and moves the Judge hereto the costs in this case which is taken under advisement until Monday next at 10 o'clock, A.M.

Benjamin Hayes,

District Judge.

On this Monday, January 21st, 1856 the said Smith and the said parties so ordered to appear as aforesaid do not appear and this cause is continued until tomorrow at 10 o'clock, A.M.

Benjamin Hayes,

District Judge.