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Black Texans in the Texas Supreme Court, 1840-1907

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Black Texans in the Texas Supreme Court, 1840-1907 Black Texans in the Texas Supreme Court, 1840-1907: a Database of Free, Enslaved, and Former Enslaved Black Texans; with Case Name and Justice, Year, Persons Involved, County and Judge, Decision and Facts of the Case. Compiled From Court Reports: James W. Dallam. Opinions of the Supreme Court of Texas (Republic Era, 1840-1844, with Texas Reports, cases argued and decided in the Supreme Court of the State of Texas, vols. 1-65, plus 25 Texas Supplement (1860-1861). 66 vols. St. Paul: West Publishing Co., 1883-.; vols 66- 163 (1886-1963). South Western Reporter. 300 vols. St. Paul: West Publishing Co., 1887-1928.; U.S. Reports (Cases argued in the United States Supreme Court) By Linda Sybert Hudson, Ph.D. February 10, 2014 Introduction The "Database of Black Texans in the Texas Supreme Court, 1840-1907" is available online for use by those interested in the history of Black Texans. The aim of this database online at the Portal of Texas History is to further the knowledge of slavery and free blacks in Nineteenth Century Texas. Also, historians of US slavery exclude Texas from broader legal studies because of the Spanish legal influence, or Texas was a developing slave frontier, or write that Texas Justices wrote nothing on slavery. Primarily, historians ignore Texas in broader legal studies because no easily accessible list of appellate cases is available.1 So far, more than 485 cases make up the "Database of Black Texans in the Texas Supreme Court, 1840-1907." Probably more appeals about Black Texans exist, but court reporters did not always identify individuals by race. Terms used in the database are the same as those used in the court reports because language has meaning, for example, "negro," "negroes," "slave," "slaves," "freedmen," "former slave," or "black." The court cases are real people in real life situations and show the power of ownership of one person over another and the absolute control one race had over another. Linda Sybert Hudson Georgetown, TX 1 No mention of slavery in Texas in Andrew Fede, “Legitimized Violent Slave Abuse in the American South, 1619- 1865: A Case Study of Law and Social Change in Six Southern States” in The American Journal of Legal History (29): 93-150; Thomas D. Morris, Southern Slavery and the Law, 1619-1860 (Chapel Hill and London: University of North Carolina Press, 1996), 161, 186. Morris wrote that there were no appellate cases involving slavery in Texas and that little was written about slavery by the Texas Supreme Court Justices.; Robert B. Shaw, A Legal History of Slavery (Potsdam, NY: Northern Press, 1991), 102-108; Mark V. Tushnet, The American Law of Slavery 1810-1860 (Princeton: Princeton University Press), 9; William E. Whiethoff, A Peculiar Humanism in the Higher Courts of the Old South 1820-1850 (Athens: University of Georgia Press, 1996), 7. Says lack of slave cases in Texas Reports is reason for omission of Texas in slave studies.; Helen Catterall, Judicial Cases Concerning American Slavery and the Negro 5 vols. (Washington, D. C.: Carnegie Institute, 1937; rpt. New York: Octagon Books, 1968), “Texas Cases” ; Paul Finkleman, Slavery, Race, and the American Legal System, 1708-1872, 16 vols. (New York: Garland Publishing, 1988). 1 Table 1: Slave Cases Ordered Printed in Dallum's Digest & Texas Reports, by Texas State Supreme Court (sorted by alpha) Case & Justice Year Type of case *Slaves/Names County & judge Facts and opinion Able v. Chandler 1854 7. Warranty *male slave, Able, Cherokee Reverse and remanded for new trial. Negro was warranted as 12 TX 88 character Chandler honest and trustworthy, but had vices. Wheeler Ables v. Donley 1852 4. Property debt *Negro woman died Cherokee Affirmed, Note not paid by Ables because Negro died, Donley 8 TX 331 7. Warranty health typhoid? sued for amount due and awarded partial Wheeler Alexander v. Kennedy 1857 4. Property inherit *Six Slaves, Lamar Reverse and remanded. Husband abandoned slaves of spouse, 19 TX 488 Lorin C. Alexander, W. S. Todd her parents paid taxes and used labor, now, both to share slaves Hemphill Thomas Kennedy of deceased. Alexander v. State 1854 5. Rights of owners *Negro male, Harrison Affirmed. Alexander had attempted to entice a slave away from 12 TX 540 enticement John Coleman, his owner, hard labor in penitentiary. Wheeler Alexander Alexander v. Thompson 1873 4. Property inherit *Favorite slave, Rusk Reverse and remanded. Cherokee Alexander was a minor child 38 TX 534 Cherokee Caroline J.B. Williamson of BF Thompson who in his will provided for her education and Walker Alexander, welfare during her minority. Jury says comes from her share. Ben F. Thompson Walker reversed, education expense should come from estate W.W. Thompson before division. Alford’s Adm v. 1852 8. Hire debt *Flora, Austin Affirmed. Cochrane sued estate of Alford for hire of Flora and Cochrane John Alford, her value $800. Family claimed Flora, but she goes back to 7 TX 485; Cochrame Cochrane Wheeler Algier v. Black 1869 7. Warranty title *slaves, Algier, Black Red River Reversed and Dismissed. Slaves had been traded for land. No 32 TX 166 W Bank warranty, not slaves for life when emancipated. Slavery ended Morrill June, 19, 1865. See Hall v Keese (1868). Allen v. Russell 1857 4. Property debt *Mariah, *Sam, Lamar Affirmed. Slaves were loan from her father RC, and for use of 19 TX 88 *Crockett, Ann & WS Todd Allen and so subject to Crowder's debts. Hemphill Jesse Allen, Richard Crowder, James W. Russell Allen v. State 1855 10. Regulation of *slave, Allen Jasper Reverse and remanded. Allen charged with selling liquor to a 14 TX 633 slaves, freemen W. W. Morris slave. A gift of liquor to slave not against law. Hart’s Digest, Hemphill 454. Allen v. Urquhart 1857 7. Warranty title *3 women slaves, Cass Affirmed. Wife claimed that husband sold her slaves without her 19 TX 481 Hugh & Caroline knowledge to Urquhart, but she had tried to sell them herself Wheeler Allen, Allen repeatedly. Urquhart, Margaret Smith, Ebenezer Frazier, Joseph Reed Hudson database TX Sup Ct slave case decisions 2 Anderson v. Anderson 1859 4. Property debt *4 slaves, Wm G., Panola Judgement affirmed. for Mrs S. Anderson who owned slaves 23 TX 640 Sina, B. B. Anderson, R. A. Reeves sold by BBA Wheeler Samuel T. Burnes Anderson v. Duffield 1852 4. Property debt *female slave, Nacogdoches Affirmed. Sued for interest on judgment for debt on unsound 8 TX 237 Anderson, slave. I interest not allowed. Wheeler, being of counsel, did not Lipscomb Duffield sit. Anderson v. State 1857 10. Regulation of *slave, Guadalupe Reverse and Dismissed. Slave hired out his own time, not an 20 TX 5 slaves, hire selves Anderson T H Duval offense for an indictment. See Rawles v State (1855). Roberts Andrews v. Winkler, 1863 4. Property debt *slaves, Navarro Affirmed. Houston slave dealer Andrews claimed slaves, Adm J. D. Andrews, J Gregg purchased by Winkler. 27 TX 170 C. M. Winkler, R. H. Bell Porter, D.R. Mitchell Andrews, Fowler v. 1859 4. Property debt *Silvia, *Lewis, *Jim, Hunt Affirmed. Andrews, Fowler, & Eagan illegally took *Silvia and Beck A L Fowler, J. Eagan, W S Todd children from John Beck for debts owed League, Andrews & 23 TX 455 J. J. Beck, Co. by Beasley who sold *Silvia to Beck, *Jim, *Lewis stay Roberts S. Beasley with Beck. Arcienega v. Riddle 1855 4. Property debt 3 *slaves, Miguel Bexar Affirmed. Paid note for land with Negroes, but negroes then 15 TX 330 Arcienega, eloped to Mexico. Lipscomb John Riddle Armstrong v. Jowell, 1859 22. Manumission *natural children, Rusk Affirmed. Freed children by name in will, provided for removal Exec Alburtis Arnwine, From Cherokee from state. Brother claims as heir. State law does not override 24 TX 58 Armstrong C. A. Frazer wills when provided for slave removal from state, as does in SC, Wheeler GA, MS, AL. Arnold v. Beene 1867 4. Property possess *Girl, Joseph R Smith Reverse and remanded. Beene loaned girl to Arnold for wife’s 20 TX 13 Arnold, Franklin H R A Reeves use. Kept 3 years, Beene wants back. Possession for three years Willie Beene makes her property of Arnold. Ashworth v. State 1853 10. Regulation Lititia Stewart, Jefferson Affirmed. Ashworth arrested for fornication with Stewart who 9 TX 490 miscegnation of Henderson Ashworth. claimed marriage by Ashworth Act (1840) allowed family to Lipscomb free negroes remain in state. Att Jones did nothing, client in jail. Avery v. Avery 1854 4. Property inherit *John, James S. Cherokee Affirmed. By laws of Georgia, John was part of the estate, not in 12 TX 54 Avery , Richard, & Texas. Mary gets *John and his hire. Lipscomb Mary Avery Bailey v. Hicks 1856 4. Property debt *16 Hands Polk Affirmed. Bailey seeks 1849 debt of $1,973 from wife of Wm 16 TX 222 Nathaniel Bailey P W Gray C. Hicks who was insolvent and charged necesities for family Wheeler Rachel, Wm C, and *hands. Wife and children owned slaves. Bailey’s Thomas Hicks misfortune to give credit to one insolvent. Baily v. Trammell 1863 4. Property inherit *Stephen, Amanda, Gonzales Affirmed. Amanda seeks return of slave owned by husband and 27 TX 317 Jarret, Henry, Phillip, F. Jones loaned to another. Local jury yes. Moore Nicholas Trammell, J.W.E. Wallace Hudson database TX Sup Ct slave case decisions 3 Baker v. Johnson 1856 7. Warranty health *Richard or *Dick, Harris Affirmed. Negro was sound at time of sale and later developed 16 TX 133 Baker, P W Gray hernia. Wheeler Johnson Barbee v. Hail 1868 8. Hire debt *negro woman, Houston Affirmed.
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