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Territorial Period
Free Blacks and Guardians in St. Augustine 1838
An Ordinance.
In addition to "An Ordinance to regulate the police of St. Augustine," passed 2d November, 1831.

Sec. 1. Be it ordained by the Mayor and Aldermen of the City of St. Augustine, That every free person of color residing or
coming within the limits of the corporation, shall register his or her name with the Clerk of the City Council. Those residing
within the limits of the City on or before the first day of November ensuing---and those coming within the limits at any time,
within three days after their entrance, under the penalty of fine and imprisonment, at the discretion of the Mayor and
Council.

Sec. 2. Be it further ordained, that every free person of color, residing within the limits of this corporation, shall select a
white person as guardian, on or before the first day of November next, whose name shall be presented to the Mayor, to be
approved or not.

Sec. 3. Be it further ordained, that every free person of color who shall be found at large after the ringing of the Church Bell
at night, (or on its failure to be rung, after the hour of 9 o'clock, P. M.) without the Ticket of his or her guardian, shall be
taken up, and fined not less than two dollars for the first offence; nor less than five dollars for the second offence; and in
case of non-payment of the fine, to receive not less than ten lashes for the first offence; nor more than thirty nine lashes for
the second offence, at the discretion of the Mayor and Council.

4th. Be it further ordained, that tickets to free persons of color may be given monthly; unless the holder thereof shall be
convicted of some offence against the laws or city ordinances; in which, case he shall be required to produce a new ticket
for every time he is absent from his or her proper home after the time specified in the third section of this ordinance.

5th. Be it further ordained, that no free person of color who absents him or herself from this city without a ticket from his or
her guardian, setting forth the particular business for which leave is granted, shall be permitted to return to the city; if he or
she so offending shall persist in returning to the city, the person so offending shall be apprehended, fined and imprisoned, at
the discretion of the Mayor and Council.

6th. Be it further ordained, that no slave or free person of color shall go by wather south of the mouth of the St. Sebastian
River, or by land south of Fort Peyton, or the Quarries on Annstatia Island, during the continuance of the Indian war, unless
in company with his or her master or guardian. Any slave or free person of color offending against this ordiance, shall be
apprehended, fined and imprrisoned, at the discretion of the Mayor and Aldermen.

7th. Be it further ordained, that no negro, bond or free, shall keep, carry or use fire arms within the limits of the
corporation, unless in company with his owner or guardian, or carry concealed weapons of any description whatever,
under the penalty of fine and imprisonment, at the discretion of the Mayor and Aldermen.

8th. Be it further ordained, that every free person of color coming within the limits of the city, immediately report himself
and business to the Mayor, in default of which, he may be fined and imprisoned at the discretion of the Mayor and
Aldermen.

Passed and approved, 2d Oct. 1838.
F. L. Dancy, Mayor

Attest,
B. Segui, Clerk.

Note - Thirty minutes after the ringing of the Catholic Church Bell all slaves and free persons of color are required to be at
their inspective homes.
Nov. 3



Being a free black in the pre-Civil War era was not necessarily a freed state that the white population had. They were
limited by movement, occupation, curfew, and various other means to slow their interaction with slaves, native americans
and whites. In 1838 the City of St Augustine required that freed blacks have a guardian white person. It was required that
an acknowledgement be made of this relationship and placed on file in the City Hall. These are the surviving
acknowledgements that can be found in the City records of St. Augustine in the city papers at the St. Augustine Historical
Society.



11-1-1838
I acknowledge to be the guardian of the Bearer Maria Deane a free col woman - St. Aug. Nov 1838
Gabriel W. Perpall

I do hereby acknowledge myself to be the Guardian of Tom and his wife Philles, free Blacks St. Augustine.
Nov 1838
Gabl W. Perpall

I hereby appoint Mr. Charles Downing my guardian. St. Augustine 2d Nov 1838
James Williams

I accept for Mr. Downing and in his name the guardianship above mentioned.
2 Nov 1838
Charles Downing  by  JS Sanchez

Lydia Burgos and her grand daughter Inez the first a free black and the second a colored woman having chosen me their
Guardian I consent to accept and act as such for them.
St. Augustine 31st Oct 1838
Joseph S. Sanchez

St. Augustine Oct 31th 1838
I have consented to be the Guardian of Anthony Papy (a free man of color) and of Jane his daughter a free woman of color.
John M. Fontane

B.A. Putnam
Guardian of Joe Richo, Boxer Wicks and Betsey his wife.

I consent to be the guardian of Hannah Forrester a free woman of color.
John M. Fontane October 31 1838

Abraham Dupont
Guardian of Phoebe Dupont and Moses her child

Doctor Weightman, Guardian of Harry McQueen

George Center, Guardian of Tinny Fatio

St. Augustine Oct 30th 1838
A list of free persons of Colour for whom I sit as Guardian for
       Maria Darling and Family
       Toney Papy
       George Sentos
Joshus Foigner

I do hereby appoint Mr.
Joseph S. Sanchez guardian for myself and the following my children viz Mary, Sarah, Thomas,
Elizabeth, Moris and Elen.
St. Aug. 31st Oct 1838.
Amelia Morrs

James Pillicen
I do hereby accept the guardianship above mentioned for the persons therein named. St. Augustine 31st Oct 1838

Jos S. Sanchez
I hereby appoint Robert Raymont Reid my guardian and pray that he may be so considered and accepted by the City
Council of St. Augustine. Nov. 1838

John W. McKenzie
I consent to act as the Guardian of John W. Mackenzie a free man of color
1 Nov 1838

Robt. Raymond Reid
We hereby appoint
Rob Raymond Reid our guardian and request that he may be so considered and accepted by the City
Council of St. Augustine.
Oct 1838

William R.
Clarke                                                              Joseph Clarke
Geo. P. Clarke                                                                     John D. Clarke
Sampson Williams                                                              James F. Clarke
I consent to act as Guardian for the free persons of color whose names are signed to the above instrument of writing
Oct 1838
Robt. Raymond Reid.

His honor the Mayor is respectfully informed that I am the Guardian of Sprizg Mosby, a free man of Color residing in the
City of St. Augustine at ? Nabura, corner of Charlotte and Bent St.
Very respectfully
E.B. Gould
20th Nov 1838

St. Augustine Nov the 5 1838
Mr.
Bernardo Seguil
Sir I now inform you that I am guardian for Dick Forgason and his grandaughter and Sam Nelson. Daniel Hurlbert

I acknowledge myself to be the guardian of Juana, Namona Leandra, Catelina and Louisa Fernandez free people of colour
St. Augustine 1 November 1838.
G.W. Perpall



       
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Free Blacks and Guardians in St. Augustine 1838
Free Blacks and Guardians in St. Augustine 1838
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