Getting Jefferson Right

Fact Checking Claims About Our Third President

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You are here: Home / Getting Jefferson Right / Virginia Slave Law: 1782 Act to Authorize the Manumission of Slaves.

Virginia Slave Law: 1782 Act to Authorize the Manumission of Slaves.

February 22, 2013 By Warren Throckmorton 1 Comment

This law (scroll to page 39) allowed the emancipation of slaves by an owner either at death through a will or while an owner was alive via a deed of manumission. Many slaves were freed by their owners as the result of this law.

Legal adults of sound mind and body did not need support from the former master but children, those over 45 and others not of sound mind or body needed support from the the former master.

On can read deeds of manumission here and here (an extensive collection by Professor Michael Nicholls).

CHAP. XXI

An act to authorize the manumission of slaves.

I. WHEREAS application hath been made to this present general assembly, that those persons who are disposed to emancipate their slaves may be empowered so to do, and the same hath been judged expedient under certain restrictions: 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 emancipate 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.

II. Provided always, and be it further enacted, That all slaves so set free, not being in the judgment of the court, of sound mind and body, or 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, shall respectively be supported and maintained by the person so liberating them, or by his or her estate; and upon neglect or refusal so to do, the court of the county where such neglect or refusal may be, is hereby empowered and required, upon application to them made, to order the sheriff to distrain and sell so much of the person’s estate as shall be sufficient for that purpose. Provided also, That every person by written instrument in his life time, or if by last will and testament, the executors of every person freeing any slave, shall cause to be delivered to him or her, a copy of the instrument of emancipation, attested by the clerk of the court of the county, who shall be paid therefor, by the person emancipating, five shillings, to be collected in the manner of other clerk’s fees. Every person neglecting or refusing to deliver to any slave by him or her set free, such copy, shall forfeit and pay ten pounds, to be recovered with costs in any court of record, one half thereof to the person suing for the same, and the other to the person to whom such copy ought to have been delivered. It shall be lawful for any justice of the peace to commit to the gaol of his county, any emancipated slave travelling out of the county of his or her residence without a copy of the instrument of his or her emancipation, there to remain till such copy is produced and the gaoler’s fees paid.

III. And be it further enacted, That in case any slave so liberated shall neglect in any year to pay all taxes and levies imposed or to be imposed by law, the court of the county shall order the sheriff to hire out him or her for so long time as will raise the said taxes and levies. Provided sufficient distress cannot be made upon his or her estate. Saving nevertheless to all and every person and persons, bodies politic or corporate, and their heirs and successors, other than the person or persons claiming under those so emancipating their slaves, all such right and title as they or any of them could or might claim if this act had never been made.

Filed Under: Getting Jefferson Right Tagged With: act to authorize manumission, deed of manumission, virginia

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Praise for Getting Jefferson Right

Getting Jefferson Right by Warren Throckmorton and Michael Coulter stands up for truth in scholarship against the scholarly problems found in David Barton’s ‘The Jefferson’s Lies.’ Because of the courage of Throckmorton and Coulter, Barton has regrettably fallen from his pedestal of preeminence as a scholar of the early American era. Throckmorton and Coulter deserve the ‘Medal of Honor’ for courage and probity.

-Chuck Dunn, Distinguished Professor of Government. Regent University. Author and/or Editor of 20 books on American politics, including The Seven Laws of Presidential Leadership and American Culture in Peril.

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In GETTING JEFFERSON RIGHT, Coulter and Throckmorton prove beyond doubt that Barton is no more scrupulous about the facts of American history than the “revisionists” whose work he pretends to correct. The authors have performed a valuable service.

–Alan Pell Crawford, Author of Twilight at Monticello: The Final Years of Thomas Jefferson

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Getting Jefferson Right is an intellectual and historical take down of David Barton’s pseudo-history of Thomas Jefferson by two Christian professors who teach at a conservative Christian college. Michael Coulter and Warren Throckmorton have done their homework. Anyone who reads this book must come to grips with the untruths and suspect historical interpretations that Barton regularly peddles in his books, speaking engagements, and on his radio program. I have yet to read a more thorough refutation of Barton’s claims.

–John Fea, Chair of the History Department, Messiah College and author of Was America Founded as a Christian Nation?: A Historical Introduction

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I cannot overemphasize the importance of reading Getting Jefferson Right, by Warren Throckmorton and Michael Coulter. It is a point-counterpoint to David Barton's, aptly titled, The Jefferson Lies; and, it corrects every myth that Barton presents. Every evangelical pastor in America, especially African-American pastors, needs to not only read, but also study the facts in Getting Jefferson Right. For too many years, David Barton has misled pastors across America and this book is the perfect tool to help bring us back to the true, undiluted life of Thomas Jefferson.

-Ray McMillian, President, Race to Unity

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Christians are rightly distressed when American history is purged of its religious elements. But that's no excuse for us to reconstruct the views of Founders such as Thomas Jefferson according to our likeness. In Getting Jefferson Right, Warren Throckmorton and Michael Coulter have done all of us a great service by exposing, carefully and dispassionately, so many of the popular distortions and half-truths about Jefferson. In the process, they have modeled how to deal with historical texts honestly. If you are interested in learning about the real Jefferson, you owe it to yourself to read this book.

--Jay W. Richards, Ph.D. Senior Fellow, Discovery Institute, Co-author of The New York Times bestselling Indivisible: Restoring Faith, Family, and Freedom Before It's Too Late

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Getting Jefferson Right is an excellent example of the art of historical contextualization, of trying to tell the whole story, not just part of it. For those reasons, the work should become a standard reference.

--Paul Harvey, Religion Dispatches, teaches history at the University of Colorado

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Thomas Jefferson is one of the most revered Presidents in U.S. history. And also one of the most misunderstood. In Getting Jefferson Right, Throckmorton and Coulter confront some of the biggest myths with objective facts. The result is a provocative and informative book that has something to teach everyone.

- Jonathan Merritt, author of A Faith of Our Own: Following Jesus Beyond the Culture Wars

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