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weemsbotts · 2 years ago

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“Rather be Enslaved than Banished”: The Fight for Family in the 1820s

By: Lisa Timmerman, Executive Director

1n 1827, Daniel Hughes brought his petition to Virginia’s General Assembly. Presley Jewell of Stafford County enslaved Hughes for roughly forty years, emancipating Hughes upon Jewell’s death along with granting him land and stock. Although officials required free black persons to leave the state immediately, Hughes petitioned for several years to remain. The reason? His family enslaved in Prince William County. The request? Change the law.

Prior to 1782, slaveholders needed the state’s approval to emancipate their enslaved persons, and only granted to those who performed “meritorious services”, such as preventing an enslaved rebellion. This changed with “An act to authorize the manumission of slaves.”

“Be it therefore enacted, That it shall hereafter be lawful for any person, by his or her last will and testament, or by any other instrument in writing, under his or her hand and seal, attested and proved in the county court by two witnesses, or acknowledged by the party in the court of the county where he or she resides, to emacipate and set free, his or her slaves, or any of them, who shall thereupon be entirely and fully discharged from the performance of any contract entered into during servitude, and enjoy as full freedom as if they had been particularly named and freed by this act.”

The act specified that emancipated persons “…being above the age of forty-five years, or being males under the age of twenty-one, or females under the age of eighteen years…” had to be supported by their emancipators. However, there were penalties upon the free person if they neglected to pay taxes or traveled without supporting documentation. There was also the very real danger of enslavement by other white persons.

On 01/25/1806, the General Assembly amended this with “An Act to amend the several laws concerning slaves” declaring that an emancipated person had to leave the state within twelve months or risk being enslaved. The act outlined the process and penalties the slave owners would take for violating this stature. If the slave owner refused or never appeared, the person could be re-enslaved.

“And be it further enacted, That if any slave hereafter emancipated shall remain within this commonwealth more than twelve months after his or her right to freedom shall have accrued, he or she shall forfeit all such right, and may be apprehended and sold by the overseers of the poor of any county or corporation in which he or she shall be found, for the benefit of the poor of such county or corporation.”

The reasoning here was due to the potential consequences of enslaved persons associating with emancipated persons. Slave owners were always paranoid and showed their fear through acts and laws. Fearing the emancipated would encourage and support the enslaved person to possibly run away or incite an attack, the state decided it was necessary to remove any free person as soon as possible. For Hughes, this meant he needed to appeal directly to the General Assembly to either receive special permission or change the law. His numerous petitions show he tried both.

First petitioning in 02/1827, Hughes appealed to the House of Representatives and Senate. “The petition of Daniel Hughs, a free man of colour respectfully & humbly represents that he resides in the County of Stafford – that his master at his death several years ago, set him free and bequeathed to him a small farm where he has since resided – that he has a wife and two children – that he is near Sixty years of age and that he would as soon be again enslaved as to be banished the few remaining years of his life from his wife & children and place of nativity. He therefore prays your honorable body to permit him to remain in the State of Virginia the balance of his life, and trusts from his previous good character and the assurance of his future upright and orderly conduct that your honorable body will find no difficulty in extending towards him a favor seldom denied to worthy and meritorious slaves who have been emancipated by their masters…”

Thirty-two men testified to the above petition, signing their names in support of Hughes, “…as a worthy orderly and well behaved negro and have no limitation in stating that no few negro in the State of Virginia is more entitled to the privilege of remaining in this State than he is. He is near Sixty years of age, lives on the land given to him by Mr. Jewell his master and is very capable of maintaining himself.” Seymour Lyon, John Alexander, William P. Gaines, William Carter, Fielding Jewell, William Jewell, Joseph Stark, John Tausill, Thomas Nelson, and John Stone are just a few of the signatures on the petition.

George Carney, the man enslaving Hughes wife and children, also testified for Hughes, fully supporting his petition. “…and was called on by Presley Jewel his master to write his Will which I did he left him a lot of land of ten Acres and set him free observing to me he never had the weight of his hand on him in anger since he had Owned him Which was from a small boy and he did not with any man to do so after his death he is very industrious and provides well for his family and is of punctual to pay his debts as any man Whatever. therefore I pray your honorable body will consider his case and suffer him to remain the balance of his days in this commonwealth.” Carney’s support becomes clear if we consider his intentions. If forced to leave the state, the Hughes family might flee with or without active help from Hughes. By keeping Hughes nearby and supporting him, the family was seemingly less likely to run.

Despite the strong testimony and prayers, the petition was rejected.

Hughes tried again in 12/1828. “Your petitioner Daniel Hughs (a man of Colour) after serving as a slave upwards of Forty Years, was left Free some time ago by a certain Mr. Presley Jwel of Stafford County Va: Who also devised to me Ten acres of Land & some stock. I have near me a wife & Children the property of Mr Geo. Carney of P. Wm Cty. Your petitioner is informed that he cannot remain in this state Free without a special law passed by your honorable body which he prays to be passed –“

Again, several persons testified to the character of Hughes supporting his petition. Thomas Nelson, Jr. certified “that I have Known Danl Hughs for two years & believe the facts set out in his petition to be true & his general character is that of an honest, peaceable industrious inoffensive man.”

George Carney also testified again. “I certify that I have known Daniel Hughs for about 35 years and have even considered him a well behaved Servant during his masters time, and that he waited on his master during his last illness with great attention. (there being no white person about the house) and Since his master’s death his general conduct has been peaceable, industrious, inoffensive, and very punctual – his master gave me a good character of him, when writing his will.” Note how Carney emphasized that Hughes cared for Jewell when no white person was available. This subtle statement reinforced the racial codes, by suggesting Hughes care was only suitable when no white person could be found.

Besides for two men listed above, Fielding Jewell, Thomas Harman, Thomas Harding, John Alexander, Zachius Holliday, Richard Bridwell, Bryam Harding, and John Stone signed the petition in favor of Hughes. Despite their support, the Assembly denied the petition. Again.

Hughes tried a third time in 12/1829. This time, the petition starts off with the support of Stafford and Prince William County. “We the undersigned Citizens of Stafford and Prince William Counties being well acquainted with Daniel Hughes who was the slave of Presley Jewell & emancipated by him take pleasure in representing to your honourable body that the sd Daniel Hughes is a man of remarkably good character. That his conduct for many years past has been marked not only with usefulness to his master whom he has served to between 40 and 50 years of age with unusual fidelity in the different employments of labourer & confidential agent, but to our neighborhood We find we do not hesitate to say that independent of the claim which his general good character & conduct give him to residence in the state we should view his removal as a loss to our neighborhood & therefore recommend him as a fit person for exemption from the operations of the general law requiring his removal from the commonwelth. The undersigned tender you the [assurance] of their highest respects.” From Stafford: John Alexander, John Burroughs, Joseph Stark. From Prince William: Fielding Jewell, Thompson Lynn, John Stone, Thomas Nelson, Robert Alexander, James H. Reid, W.C. Murphy, John G. Rubleman, Richard P. Weedon, Sanford Cooper, Fledgman Murphey, Hiram D. Davis, William Cleary, William Cockrell, James B.C. Thurston, James Dowell. Unidentified: Silas Carney, probably Stafford.

Hughes appealed directly but more adamant. “He is informed that after the expiration of twelve months the law requires him to depart the state or forfeit the blessing which his kind master designed him to enjoy, and that from these evils of exile or slavery, equally detestable to him your honourable body alone can redeem, he therefore prays of your the passage of a law authorising him to reside within the commonwealth of Virginia. Your petitioner can urge no act of extraordinary merit for which he was emancipated, or would have found no difficulty in establishing such character as would have obtained of a county court the inestimable right for which he now prays, but must depend for favour upon the fact that he is a man whom the community in which he resides esteems for his character and desiring of retaining among them; satisfactory proofs of which your petitioner has herewith transmitted.”

The third petition was rejected. There is no easy answer for what happened to Hughes – at least no primary document easily accessible online! His choices were to either stay and face possible re-enslavement or leave the state. We know his age and no one identified a medical reason why he could not leave the state, such as troubles walking, injuries, etc. However, leaving the state meant leaving his home and family. Where would he go? What would he do? There are still more avenues to explore. Some possibilities: searching primary documents (court records, newspapers, wills, deeds) for George Carney especially looking into any property records available upon his death, searching for more info on the Jewell family, and searching for any court records pertaining to Daniel Hughes in Virginia. We hope to shed more light on the Hughes family living in Prince William and Stafford Counties as research facilities continue to index and upload their materials.

Note: Know a Brownie Girl Scout? We are offering the rare “Earn the Colonial Life Try-it” on Monday, 01/30 – a PWCPS work day! Join us for this great program featuring a tour of the house and related activities and crafts. Know someone that may want to participate but is not a Brownie? Contact us to discuss! Tickets and more info available here.

(Sources: Hughes, Daniel: Petition, 1827, 1828, 1829. LVA: Legislative Petitions Digital Collection: Virginia Untold: The African American Narrative; General Assembly. “An act to authorize the manumission of slaves (1782)" Encyclopedia Virginia. Virginia Humanities, (07 Dec. 2020). Web. 25 Jan. 2023; General Assembly. “An ACT to amend the several laws concerning slaves” (1806)” Encyclopedia Virginia. Virginia Humanities, (07 Dec. 2020). Web. 25 Jan. 2023)

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