Sometimes referred to as “Applications to Remain”, these records are applications that formerly enslaved individuals submitted to state and local courts for permission to remain in Virginia with their free status. An early 1691 law required a formerly enslaved person to relocate outside the commonwealth within six months of emancipation. In 1782, Virginia law allowed enslavers to emancipate their enslaved people “by last will and testament or other instrument in writing sealed and witnessed to emancipate and set free his slave or slaves.” Realizing that many enslavers were taking advantage of this, the Virginia General Assembly reacted by trying to suppress the growing number of free Black and multiracial people in the commonwealth. They passed a law stating that all formerly enslaved people freed after May 1, 1806 who remained in Virginia more than twelve months could be put on trial by the state. After 1831, if these people were found guilty, they could be re-enslaved and sold by state officials. The proceeds from the sale went to the state treasury, and often, records of those sales can be found in the Public Claims records from the Auditor of Public Accounts. The act required individuals who wished to remain in the commonwealth to petition the state legislature. Beginning in 1837, formerly enslaved individuals could petition the local courts directly for permission. The law required them to place notice on the courthouse door for two months before a hearing.
The documents in these cases will include: the name(s) of the petitioner(s), the circumstances of free status, and a request to remain in the county. Application packets might also include supporting documents such as the formerly enslaved person’s register (for more, see Free Black Registrations), or other evidence for emancipation such as a copy of a will or deed of emancipation. As with the case of obtaining a free Black registration, individuals needed to prove that they had in fact been emancipated. Free Black men and women also relied on their reputation in the local communities and understood the weight of white individuals’ good words in gaining and retaining free status. Applications may also include witness statements, known as affidavits, with signatures and names of white citizens testifying to the free status and character of the petitioner.
The data in this collection is drawn directly from the historical documents and may contain language that is now deemed offensive.
