"Observant of the Laws of this Commonwealth": A Free Black Family between Forced Migration and Slave Capitalism

Abstract

In 1860, with the Civil War looming, David and Elizabeth Frazier (a free Black couple), petitioned for a legal exemption to an 1806 statute demanding that any newly-freed African Americans emigrate from the Commonwealth within a year of their emancipation. Their petition capped a decade-long struggle to gain their freedom and keep their family intact, during which the Fraziers campaigned on fronts spanning from the courtroom to the slave market. Through a microhistory of the Fraziers' battle for the right to remain in the Commonwealth, this essay explores the ways in which a slave state used emigration policies to safeguard the institution of slavery. It also reveals the ferocity with which Black Virginians defended their families and communities, and, by examining the Fraziers' twin deployment of the law and of relationships built through a decade of work amid the horrors of the domestic slave trade, reveals how free people of color seized the scarce options available to them. Between the law of white supremacy and the maw of slave capitalism, the Fraziers carved out a modicum of liberty for themselves and their children, escaping forced migration in their bondage and forced emigration in their freedom.