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Choosing A Life of Slavery
What circumstances would make someone deliberately choose
a life of slavery? That was the question archivists at the
Gilder Lehrman Collection were confronted with when they came
across three court documents indicating that free African
Americans did just that. Between 1858 and 1863, Ann Jackson
(GLC06375), Gabriel Todd (GLC03840), and Agnes Calvin (GLC08955)
sold themselves and their families into slavery. Could there
be a more sinister story behind these legal transactions?
In 1858, Texas state legislature passed "An Act to permit
Free persons of African Descent, to select their own Master
and become Slaves." Research has revealed that coercion
was often used to compel free African Americans to choose
a master. Was this decision completely theirs to make? Could
they have been trying to keep their families together or escape
a worse fate? The full story that led to the decision to forfeit
their freedom remains untold.
Krista Rupe, Special Projects Manger
Gilder Lehrman Collection
Click on each image to enlarge
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GLC
03840
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GLC 08955 |
GLC
06375 |
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GLC
03840,
Petition
of a free black to Texas court to become a slave of Edward
D. Martin , 1860.
GLC 08955, Agnes Calvin,
Slave petition, Marion County, Texas, 1863.
GLC
06375,
Petition
of free negro, Ann Jackson to become a slave, Gillespie,
Texas, 1858.
For more information or to obtain copies, contact Ana Ramirez-Luhrs
at reference@gilderlehrman.com
or call (212) 787-6616 ext. 209.
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GLC03840 |

GLC08955 |

GLC06375 |
GLC03840
Petition of a free black to Texas court to become a
slave of Edward D. Martin
Polk County, Texas, 20 March 1860.
Letter signed, 1 page + docket.
The State of Texas } In the District Court
Polk County } Spring Term 1860
To the Hon. James M. Masacy Judge of the 15th. Judicial
District
The petition of Gabriel Todd who resides in the County
s State aforesaid respectfully shows unto your Honor
that he is a free man of color, that he is over the
age of fourteen years, and that he resides in the said
county of Polk: petitioner further represents to your
Honor that he desires to avail himself of the law permitting
him to select a master and become a slave; and believing
Edward D. Martin, a citizen of the County and State
aforesaid to be a proper person, he prays that due notice
hereof be given; that the said Martin he cited to appear
at the next term of your Honor’s Court; that your
Honor will hear proof of the facts herein alleged, and
will adjudge and decree your petitioner to be the slave
of the said Edward D. Martin & as in duty bound
& c.
Subscribed this 20th. Day } Gabriel todd
of March 1860 in the }
presence of us subscribing }
witnesses. }
G. W Goodwin }
J. S. Brown }
[docket]
No 725
Gabriel Todd
{ Petition to
{ become a
{ Slave
_______________
Filed March the
22nd. A. D. 1860
Hble. EHill
Dpty [D C D C H C]
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GLC08955
Agnes Calvin } In the District Court
A free Negro Woman } Marion County State
Exparte } of Texas –
May Term, 1863.
To the Honorable B. W. Gray
Judge of Senior Court
The petition of Agnes Calvin Respectfully that she is
a free person of African descent and a resident of the
County of Marion in the State of Texas, having come
to said State from the State of North Carolina on or
about the day of May 1860;
First her petition shows that she is about thirty five
years of age and has two female children, one named
Joanna, thirteen years of age, the other named Mary
Margrett, nine years of age:
Further petitions States that she desires to elect or
choose a master for herself and said two children Joanna
and Mary Margrett [illegible] to the Statutes in such
case made and provided And to that [inserted: and] petitioner
makes choice of J.S.H. Hossack to become her Master
and the Master of said children, a person of good repute
and a resident citizen of the County of Marion aforesaid;
[2] In consideration of these premises petitioner prays
that a decree may be made and entered in this Court
Making the said J.S.H. Hossack the Master and owner
of your petitioner And her said two children Joanna
and Mary Margrett And your petitioner as duty bound
will even pray &c her
Agnes X Calvin
Mark
Signed in the presence of }
Wm. [Himins] }
W. J. Parker }
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GLC06375
Petition of free negro, Ann Jackson to become
a slave
Gillespie, Texas, 4 October 1858.
Manuscript document, 1 page.
Notice
The State of Texas }
}
County of Gillespie }
In Conformity with an Act of the Legislature of the
State of Texas, passed & approved January 27th 1858,
entitled “ An Act to permit Free persons of African
Descent, to select their own Master and become Slaves,
— I, A. Erlenmezer, Clerk of the District Court
of the County of Gillespie, State aforesaid, do herewith
give Notice, that Ann Jackson, a free female of Color
has filed her petition in our said Court on the 4th
Day of October A. D. 1858; which said Petition reads
as follows: to [wit]:
Fort Mason, Texas
Sept. 27th 1858.
I Ann Jackson, being a free female of Color respectfully
Petition the Honorable District Court, to choose W.
C. Lewis of Mason County, State of Texas, to be my lawful
master, In Testimony of which I hereunto attach my Cross
in presence of two reliable witnesses.
Ann X Jackson
Witness
J. M. [Sween]
J. Cavenass.
Witness my hand & the Seal of said Court
at Fredericksburg, Octob. 4th
A D : 1858.
A. Erlenmezer, C. D. C. G. C.
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Winegarten, Ruthe, Black Texas Women: 150 Years of Trail
and Triumph. Austin, Texas: University of Texas, 1995.
Davis, David Brion, Inhuman Bondage : The Rise and Fall
of Slavery in the New World. New York: Oxford University
Press, USA, 2006.
Foner, Eric and Brown, Joshua, Forever Free : The Story
of Emancipation and Reconstruction. New York: Knopf,
2005.
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