II. Registration of Free Negroes.
In the first decade of the history of the state, there was no notice taken of the movements of free negroes. They enjoyed complete freedom in their going and coming in the community. But as their numbers and importance increased the state began to want to know about their movements. In 1806, provision was made for the registration of the free negroes of the state by the county court clerks. This was a sort of Dooms Day Book of free negroes. A minute description, including age, name, color, and record of any scars on hand, face, or head, was made of them. It was also noted by what court of authority they were emancipated, or whether they were born free. Two copies of each registration were made, certified by the county court clerk and attested by a justice of the peace.[30] One of these was filed in the clerk’s office, and the other was given the free negro.
In 1807, this registration certificate was made the passport for the free negro in changing counties. If he chose permanently to reside in a new county, he was required to have this certificate duplicated. If he were caught without it, he was arrested and put in jail unless he made bond. If he lost it, and could not find record of his registration, he was required to produce evidence of his emancipation or free birth. If he failed in this, he was sold as a runaway by the county court.[31] As poorly as county records were kept, as difficult as it was for the negro to preserve such a record, and as abundant as kidnappers and slave-stealers were, the free negro constantly faced the possibility of losing his freedom.
By act of 1825, free negroes coming from other states were required to bring their registration papers with them and have them recorded in some court of record in the county in which they chose to reside.[32]
The registration policy was given further significance in 1842 by an act which required all registration certificates to be renewed every three years.[33] At the time of each renewal, an inquisition was made into the negro’s character and conduct. If the county court saw fit, it could refuse to renew the registration certificate. This compelled the free negro to leave the state within twenty days, except for sickness or unavoidable hindrance. If he refused to leave the state, within twenty days, he became subject to the penalties of the act of 1831.[34] This system of registration was not only a severe restriction upon the travel of the free negro, but it gave chances in its workings for considerable collusion of corrupt officials with agents of the slave traders.