"A class of people neither freemen nor slaves": from Spanish to American race relations in Florida, 1821-1861

There were other planters in northeast Florida who agreed with Kingsley. Francis Richard, a refugee sugar planter from Haiti, left a will providing for his large "colored" family, as well as for his white son, Francis. Richard added that his "colored children will soon all reside in the Island of Hayti." (33)

Some of Richard's family did migrate to Haiti but others remained in northeast Florida. Cornelia married John Taylor, a white planter, and managed a large Duval County estate after his death. Fortune owned a 370 acre plantation on Little Pottsburgh Creek. John was a successful blacksmith in Jacksonville until 1862, when he joined the Union Army." (34)

Joshua Hickman, another Spanish era settler, also permitted slaves to purchase freedom. Receipts in his 1837 probate file record that Bella and Sally each paid $50 to complete payments, entitling them to freedom. After paying $101.37 "to account for his freedom" Josiah was manumitted. By October of 1842, Tena had paid $92 to estate executors, but before payments were completed she and four others were sold at auction to settle a claim against the estate. (35)

John F. Brown left instructions for executors to free three of his twenty-seven slaves following his death in 1835. Six years later, Mary Hobkirk, the daughter of a Spanish era planter, made unusual provisions for three slaves. Charlotte was to "be sold to some good master of her selection." Harry was also to be sold, with "his father Harry King of St. Marys [a free black] to have the preference among the purchasers." Hagar was to "be sold ... for a trifling sum not exceeding $75, on condition that as soon as she, or any for her shall pay to the purchaser the sum of money for which she is sold she shall be free, her own slave and the property of no one...." (36) Although her presence was clearly a violation of the 1829 law, Hagar Hobkirk was living in Jacksonville in 1850, a free woman, employed in a white household.

There was another provision for quasi-freedom in the will of Michael Slone, directing that Mary become the property of Thomas M. Hagen of Mandarin under the condition that she have "the uncontrollable use of her time, during her lifetime and ... the liberty to choose for herself the place of her abode." (37) One way to evade the anti- manumission law was to depend on a trustworthy friend to permit the slave to live as free.

Sophia and George Fleming lived at Hibernia plantation on the St. Johns River for decades (Sophia's father, Francis P. Fatio, arrived in East Florida in the 1770's). In 1830 she and her son George (George, St., died in 1821) owned 41 slaves, but 13 free blacks also lived with them. In 1835, Lewis Fleming freed a slave and named him overseer of Hibernia. George Jr. freed a slave in 1851. It seems that manumission was a family tradition the Flemings continued whether Florida was a Spanish possession or part of the United States. (38)

In neighboring St. Johns County slaveowners also continued to free human chattel in violation of the law. Although the records are incomplete, evidence exists for at least twelve emancipations in 1844. John M. Fontane, for example, freed Josefa and her two children upon receipt of $1060 paid by Peter Ysnarde, "A free man of colour" residing in Matanzas, Cuba. Josefa, Peter and Jane were listed as residents of St. Augustine in both the 1850 and 1860 censuses. (39)