The Historical Context of Anti-Black Violence in Antebellum Florida: A Comparison of Middle and Peninsular Florida A Thesis Presented to The Faculty of the College of Arts and Sciences Florida Gulf Coast University In Partial Fulfillment of the Requirement for the Degree of Master of Arts By Michael A. Sanchez 2015 APPROVAL SHEET This thesis is submitted in partial fulfillment of the requirements for the degree of Master of Arts _____________________________________ Michael A. Sanchez Approved: May 2015 _____________________________________ Irvin D. S. Winsboro, Ph.D. Committee Chair/Advisor _____________________________________ Nicola Foote, Ph.D. Committee Member _____________________________________ Eric Strahorn, Ph.D. Committee Member The final copy of this thesis has been examined by the signatories, and we find that both the content and the form meet acceptable presentation standards of scholarly work in the above mentioned discipline. Copyright © 2015 by Michael A. Sanchez All rights reserved iv The Historical Context of Anti-Black Violence in Antebellum Florida: A Comparison of Middle and Peninsular Florida CONTENTS Acknowledgements ...........................................................................................................v Preface............................................................................................................................. vi Introduction .......................................................................................................................1 Literature Review: A Fertile Field ....................................................................................9 Chapter 1: Race, Class and Demographics in the Antebellum Era: The Foundations of the Data Analysis ..................................................................................................................22 Chapter 2: Data Analysis in Historical Perspective ........................................................46 An Analysis of Middle Florida Slave and Land Records ...................................64 An Analysis of St. Paul’s Episcopal Church Burial Records .............................71 An Analysis of Escambia County Court Records ...............................................74 Chapter 3: Conclusion: The Complex History of Florida ...............................................78 Appendix A: Border Peninsular Section .........................................................................83 Appendix B: Southern Frontier Section ..........................................................................85 Appendix C: St. Paul’s Episcopal Church Burial List ....................................................87 Appendix D: Judicial District Maps ...............................................................................99 Bibliography .................................................................................................................103 v Acknowledgements I wish to thank Professor James Denham for his assistance in interpreting his data compilations, and Dr. James Cusick and Dr. Joe Knetsch for their assistance and advice on gathering information at the Florida State Library and the University of Florida’s Smathers Libraries. Dr. Michael Cole and William Mack, M.A., of Florida Gulf Coast University, provided advice on research data and this document’s structure. Dr. Paul Ortiz of the University of Florida provided historiographical connections necessary to properly ground the work in the antebellum period. Dr. Erik Carlson and Dr. Patrick Bottiger gave prompts and ideas to narrow the thesis’s scope and breadth. Florida Gulf Coast University librarian Rachel Cooke assisted in procuring books and interlibrary loan materials. Monroe County historian Tom Hambright and his assistant allowed me access to original documents, including the St. Paul’s Episcopal Church burial records. Dr. Nicola Foote and Dr. Eric Strahorn provided me with valuable content and copy-editing suggestions, and Dr. Strahorn and Carey Fells of FGCU acted quickly to send me an edited draft through the mail, sparing me hours of driving across the state. I also wish to thank Dr. Irvin D. S. Winsboro, my thesis supervisor, for his patience and guidance throughout this process, and for providing numerous primary source materials. Lastly, I would like to thank my parents for imparting to me the joy of learning for learning’s sake. vi Preface The choice to study the historical period under review herein happened by accident. It was a question about one historical period applied to another historical period. In the book review for a book on violence against blacks during the latenineteenth and early twentieth centuries in the American South, the reviewer wondered what the causes of violence against blacks were in general and in Florida in particular. I had developed an interest in the American Civil War from seeing an Antietam battle reenactment during the 1990s, and over time had cultivated an interest in the antebellum social and political conditions as well. An opportunity presented itself to conduct research on a territory and state from the same period and investigate how the experiences of those living within contributed to the overall picture. It was not a great leap to apply the reviewer’s question to a period only slightly removed in time, but vastly different in character. Early in the research process, I learned that many Florida libraries, churches and courthouses had suffered a series of fires early in the twentieth century, destroying many period records. For this reason, I began to pursue statistical extrapolations so as to construct models on population, violence and settlement. The question of anti-black violence in the Territory, and later the State of Florida in 1845, arose from the common knowledge of slavery’s inherent cruelty – but was the practice uniformly cruel? Did blacks suffer the same fate no matter where they lived and travelled in the Territory or State? The evidence uncovered, from sources as diverse as former slave interviews to the aforementioned statistical models derived from the data that survived the period, speak clearly to a diverse range of experiences – some horrific, such as Charlotte Martin’s vii recollection of her brother being whipped to death by their cruel owner, Judge Wilkerson, to others that seemed almost serene, such as the blacks who lived among the Seminole tribes, and who were encouraged to build their own houses, raise their children in their own way, hunt and fish when it suited them, and generally come and go as they desired, to the heroic, such as the blacks living in Key West, then a federal naval outpost, who captured slaving ships, freeing their occupants. Clearly, the evidence bears out the idea of varying experiences – slavery and other associated forms of violence were neither uniformly cruel in their regional appearance nor in their causes. This study puts forth qualitative and quantitative answers to a question that could be seen from either direction – did blacks suffer more or less violence on the frontier of southern Florida than they did on the plantations of Middle Florida? Constructing an analysis brings a number of caveats – while there are appreciable amounts of data from this period, they are often fragmentary, and what I found interesting is that some sources regarded these data with an appropriate skepticism, while others, knowing they were, indeed, fragmentary, used it anyway to advance radical theories, trying to overturn longheld theories. A successful analysis of this kind requires, as my undergraduate thesis advisor was fond of saying, the act of “teasing out the truth.” Many oral and written accounts from this period have been irretrievably lost. It is important, as this study does at times, to admit there is indeed sometimes no pattern among the information, and therefore no conclusions to draw except to address the significance the information has to the overall picture. This study balances the quantitative with the qualitative, and in so doing it attempts to illuminate a significant aspect of the historical record. 1 Introduction The “Land of Flowers” in the years immediately prior to the Civil War was not a pleasant place as violent crime occurred everywhere in Florida, and even after 1845 when Florida gained statehood, the various county and federal courts often proved ineffective in applying justice to their respective jurisdictions. Stories abound of people escaping prison repeatedly, brawling over trivialities, and meting out vigilante “justice,” often to the innocent. The Second and Third Seminole Wars were also fought during this period, which pushed the Seminoles from eastern Florida to the southern area of the peninsula into what are now Collier and Miami-Dade Counties. An economic depression, caused in part by citrus crop and bank failures, also detracted from people’s fortunes. Although myriad reasons exist for that violence and disorder, the most important was the courts’ and law enforcement officers’ inability to effectuate law enforcement, thereby creating a vacuum filled by different groups vying for control of both the frontier and the towns. Prior to this period, the peninsula had been host to multiple flags and peoples. European contact occurred with the Spaniards in the early 1500s, with the city of St. Augustine, today the oldest continually inhabited city on the continent, first established in 1565. The first period of Spanish rule would last until 1763, when most of the peninsula was ceded to Great Britain with the Treaty of Paris. Spain would reacquire the same territory in 1784 as a result of another Treaty of Paris. Spain would lose the peninsula again with the Adams-Onís Treaty, first drafted in 1819, with the territory being officially ceded on July 10, 1821.1 The Seminoles had existed on the peninsula since at least 1740, 1 Jane Landers, Black Society in Spanish Florida (Urbana: University of Illinois Press, 1999), 1-2, 246. 2 when they participated with James Oglethorpe, founder of the British and later American colony of Georgia, in an invasion of Spanish Florida in that same year. The term Seminole is a corruption in pronunciation of the Spanish word cimmarón, meaning runaway.2 By 1821, when Spanish Florida became the American Territory of Florida, white settlers had already moved in and brought with them the racial attitudes of their home states. As is documented repeatedly in the literature, those racial attitudes were not copied identically wherever the whites settled, and in some cases they met fierce resistance from preexisting cultural groups, such as the Spanish descendants in East Florida. In 1845, Florida acceded to the Union. All of the various groups – poor and wealthy whites, enslaved and free blacks, Seminoles, and the various descendants of the European powers which once called the peninsula home – were scattered across the land in a large number of small towns and only several large cities, as well as the swamps and hammocks at the southern end of the peninsula. Within this social structure, most blacks were slaves and thus subject to the violence of their owners. Free blacks, despite being recognized as such by the national and state censuses taken during the period and by the Territorial and State legal systems, were also subjected to violence, not only from slave-owners but by kidnappers, thieves and other criminals who preyed upon those travelling the long, unpatrolled roads between the cities. The racial cultural structure seen in states traditionally associated with the “Old South,” with black slaves at the bottom, free blacks and Native Americans above them, poor whites in the middle and the wealthy white planter elite at the top, was to an extent 2 Jane Landers, Atlantic Creoles in the Age of Revolutions (Cambridge: Harvard University Press, 2010), 179. 3 copied in Florida during the period, as planters from the “Old South” colonized the Florida Territory and subsequent state. The racial cultural structure, combined with a class-based dislike that poor whites might have had for their wealthier neighbors, combined in turn with the knowledge that in many cases violence went unpunished, made for a place rife with violence, crime and suffering. This coupled with the frontier character of Florida made the territory and state a place often characterized by local violence, especially against the least powerful group there, blacks. The Territory of Florida, and later the State of Florida after 1845, was divided into western, eastern, middle and southern judicial districts, with district boundaries drawn following physical boundaries, usually rivers. Within each judicial district there was a series of counties, and each county had its own courts. Within the judicial districts there existed markedly different cultures. For example, the Middle Florida district was inhabited mainly by wealthy white planters and their slaves, and so culture closely followed those cultures found in the states of the old “Old South,” such as Georgia, Mississippi and so forth. The Eastern Florida district was inhabited by descendants of Spaniards and their children, many of whom were the offspring of a white father and black mother, or vice versa. Some blacks in this district owned property and owing to the Spanish Crown’s liberal religious underpinnings, which never completely dissipated even in the face of American expansion, blacks were seen as markedly less unequal in the eyes of the law as compared to the their legal status in the white planter-driven regions. Still, as the quantitative data shows, violence occurred everywhere, even in this somewhat more enlightened region of the state. 4 Despite the lack of law enforcement and the vigilantism that appeared in absence of the state, Floridians were not constantly victimized by violence. Life in cities could often be lived in relative peace, and even slaves and free blacks could enjoy at times a small measure of peace. Newspapers of the period were quick to repeat and sensationalize crime stories in an effort to increase readership and sales, thus also amplifying the perceived crime rate over the actual frequency of occurrences. The practice of slave bondage was not entirely uniform across the state. Slaves were afforded more freedom on some plantations than they were others, and those blacks who escaped to join the Seminoles became their property only in name, often being able to grow their own food, carry firearms, and live in their own houses. Key West, made a U.S. government port in the 1820s, and home to the state’s largest population of free blacks during the antebellum period, provided work in the island’s shipping, dredging and wrecking industries. Those same blacks played a role in fighting the slave trade in the rest of the state by intercepting slave ships bound for points farther up the Florida coast. This model of life in Florida also provides quantitative data – the number of people judged in the courts, the number found guilty and the number set free, in addition to the numbers of those mentioned in newspapers and other contemporaneous records. This study focuses on quantitative analysis between Middle and Peninsular Florida on violence against blacks from which we can draw inferences and conclusions. It is necessary to combine both approaches into one study because either perspective apart makes for an unbalanced approach. While there is no shortage of compelling books and articles on this period, many of them take either an entirely qualitative or quantitative survey of the events herein, and make a well-presented yet incomplete picture for the 5 reader. It can also be suggested that a quantitative analysis is warranted simply because reputable sources of quantitative data exist. Middle Florida refers to Florida’s densely populated cotton belt, home to most of the wealthy planters and most slaves. Peninsular Florida refers to the frontier, which in the antebellum period this time was most of the peninsula of Florida. What few cities and towns existed were separated by many miles of forests, swamps and grasslands. The roads marked on period maps were not always safe for travel, even for armed travelers. Whereas Middle Florida might be considered “urban,” for the time, Peninsular Florida was not. It was mostly unsettled through the 1850s, containing Tampa and Key West as the only urban areas, with the rest of the peninsula composed predominantly of swamps and grasslands. The northeastern portion of the state would remain unsettled until the late nineteenth century. The question which underlies this study is whether or not the frontier nature of Florida promoted violence against blacks. Denham asked this same question in his review of Tolnay and Becks’ A Festival of Violence, which examined the lynching of blacks between 1882 and 1930.3 The book explained that black lynching increased when cotton prices dropped and contact between whites and blacks increased. Lynching was a method of domestic terrorism – instead of lynching blacks because of guilt determined through legal processes, they were lynched to warn other blacks to keep within their prescribed social and economic boundaries. In his review of Tolnay and Beck’s work, Denham asks, “was lynching the result of mixing extreme poverty, racism, political demagoguery, and 3 James Denham, review of A Festival of Violence: An Analysis of Southern Lynchings, 1882-1930, by Stewart E. Tolnay, E. M. Beck, Atlanta History 41, no. 1 (Spring 1997): 60. 6 above all, the grisly heritage of southern violence?”4 This is a question that usually receives a qualitative answer, but this study will approach the problem of violence as a whole, including lynching and other forms, from both quantitative and qualitative perspectives. In his book review, Denham answers his question by saying more study is needed. Antebellum Florida is a reasonable setting to answer this question because of the changes that occurred there over time. Originally a Spanish possession, the peninsula would trade hands among the Spanish, English and French before American annexation in 1821, when Florida became a U.S. territory. It would enter statehood in 1845, secede from the Union in 1861, and return in 1865. This study puts forth a quantitative answer of whether or not the frontier nature of Florida promoted violence against blacks in the decade prior to the Civil War, as these years mark the boundaries between statehood and secession.5 This work uses period newspapers, a number of period books and journal articles. Personal research at the Monroe County Public Library in Key West also provided burial records for St. Paul’s Episcopal Church which sheds light on the lives in Key West during the period in question. Collectively, these works have provided a historical database from which sketches of life and violence against blacks could be extrapolated, interpreted, and presented in this study. 4 Ibid. Irvin D. S. Winsboro, ed., Florida’s Freedom Struggle: The Black Experience from Colonial Times to the New Millennium (Cocoa: Florida Historical Society Press, 2010), v-7, 41-43. 5 7 The data in this study are analyzed using only simple statistical methods, such as ratios and the simple counting of results, to connect different forms of data describing the same area. For example, the number of homicides in a particular county, paired with the number of square acres in that same county, gives two separate dimensions of data which can be compared. Given that data is often times missing from the historical record, only basic models and ratios are used to determine patterns or relations, if any, between data sets. There are times when the models and ratios are applied recursively. To apply recursively means to apply the same method of analysis to a result gained from that same method of analysis repeatedly, in order to determine the presence of patterns. The author cautions the reader that correlation never equals causation, but only proves that said data sets can be related. For quantitative data on violence in this period, this study mines the information presented in Prof. James Denham’s work, A Rogue's Paradise: Crime and Punishment in Antebellum Florida, 1821-1861, the Ohio State University Criminal Justice Research Center’s Historical Violence Database, the University of Virginia Census Browser database and the Interuniversity Consortium for Political and Social Research’s data sets from the University of Michigan’s Institute for Social Research. The appendices at the end of this study provide the information on which the data analysis is performed. Appendices A and B present the groupings of counties in their respective judicial districts in two ways to provide for both definitions of the “Plantation Belt” and the “frontier.” Appendix C presents a list of deaths and the reasons thereof transcribed from original documents formerly housed at the St. Paul’s Episcopal Church (which still stands today), now housed in the Monroe County library in Key West. Appendix D presents scanned copies of judicial district maps from Professor James 8 Denham’s book to allow the reader geophysical context when reading on the events described herein. 9 Literature Review: A Fertile Field The literature reviewed here is mostly quantitative in nature, however the historical and scholarly works surveyed here serve to balance that information with qualitative descriptions. While all the works surveyed discuss the state of blacks and the violence visited upon them, along with the political and social climates in which they lived, and some of them carry out impressive feats of statistical analysis, none of them analyze any data in a comparative manner between different regions of the state in any time period. In only one source is the data statistically analyzed in any way – the rest of the works which offer data only proffer simple tabulations – little is done with data to show patterns or correlations. It is important to note a caveat – as with any data set, there is a risk of the analyst seeing patterns or correlations which in truth do not exist, but by balancing the data with coexisting qualitative evidence – court records, newspaper articles, laws proposed and passed and so forth – this problem is avoided. As stated before, much information both qualitative and quantitative which would be of enormous value to this study and numerous others has been lost to time, so gaps do exist, and they are accounted for. The main purpose of the sources surveyed is to provide the data in a raw form so that it can be analyzed, and to explain anomalies or lacunas with the accompanying qualitative evidence. Both forms are necessary, and one is useless without the other. William Watson Davis’s The Civil War and Reconstruction in Florida, despite first being published in 1913, remains a mainstay of the literature of the period, although it reflects the scholarly racism of the Dunning School of American historiography. The book is vast in its comprehensive sweep of history and repeated reliance on primary 10 sources, including Congressional legislation, and of particular interest to this study are the sections on the immediate pre-secession environment, and the reasons Davis attributes to the chaotic atmosphere of the day. Davis stated what was then the forwardthinking thesis that slavery was the direct cause of Florida’s secession, rather than the infringement on state’s rights, and that racism itself formed a core part of Florida planter society. He stated, “The most significant phenomena of these ten years preceding the great war [the Civil War] were the steady development of a militant pro-slavery sentiment…those who…controlled the government were slave-holders. The majority of whites were non-slaveholders. They belonged to this class not from principle but because they were too poor to belong to another.”1 Despite these statements, Davis’s other analyses, particularly with regard to plantation life for blacks and blacks as soldiers, suffers from systemic pro-Southern, “Lost Cause” bias. Paul Ortiz in his chapter, “The Not So Strange Career of William Watson Davis’s The Civil War and Reconstruction in Florida” proves as such by pointing out unsupported claims in Davis’s work in this manner. One such unsupported claim is that slaves were “semi-barbarous people held in watchful and firm restraint, and well treated.” If this were so, as Ortiz surmises, why would over one-thousand blacks flee plantations to join the Union Army?2 George Rawick’s Florida Narratives was a collection of interviews of former slaves sponsored by the Federal Writer’s Project of the Works Progress Administration 1 William Watson Davis, The Civil War and Reconstruction in Florida (New York, 1913), 32, accessed May 14, 2015, https://archive.org/details/civilwarreconstr00davi/. 2 Paul Ortiz, “The Not So Strange Career of William Watson Davis’s The Civil War and Reconstruction in Florida,” in The Dunning School: Historians, Race, and the Meaning of Reconstruction, eds. John David Smith and J. Vincent Lowery (University Press of Kentucky, 2013), 21-22. 11 during the 1930s. The former slaves interviewed worked on plantations both inside and outside Florida, and for this study the accounts of those who worked in Florida are used. The interviewees themselves were at this point quite old – most in their eighties and nineties, and at least one over 100 years old. What is conspicuous by its absence is most of those interviewed could not recall their birthdays, making an exact age calculation impossible. More importantly, it is unlikely that even in advanced age one would probably not forget their own birthday, so it is possible that the former slaves had this information withheld from them, either from their former owners or from their families. It would appear, barring simple memory loss from age, that often times neither the slave owners nor the former slave families considered exact birthdays very important. Most the interviewees who worked on the Florida plantations did not relate much in terms of direct violence – all related hard work in some form, but few related violence against themselves. Several explanations are possible – one is that the aging process had by the time the interviews had taken place destroyed memories, although this is unlikely, given how vivid the few recollections of torture were. A more likely explanation is that violence on plantations was so commonplace that the interviewee didn’t bother to recall it, or assumed that the interviewer knew it already. The practice of historical whitewashing may have played a role as well – the interviewer might not have asked the question because it did not appear on the survey form, or the interviewer didn’t think violence occurred at all. It appears, then, that slaves had as hazard of their work a certain constant level of violence, or the threat thereof. Julia Floyd Smith’s work Slavery and Plantation Growth in Antebellum Florida: 1821-1860, takes a mostly quantitative approach to the questions of slavery and violence. 12 Entire chapters are dedicated to the numerical listings of plantation production, the number of slaves having escaped, the number of cotton bales sold at market, and so forth. The numeric analysis sets it apart from other works, because it allows, with some extrapolation, some insight into the economic decisions of planters, and how it influenced their interactions with slaves and with each other. The prices for slaves varied widely, and even when prices were high there was no guarantee good treatment for slaves – instead, a wide variance of treatments is seen. Smith breaks from her analytical descriptions to make a claim that she does not substantiate in her book that slave-owners refrained from punishment and provided religious instruction, not so much out of compassion, but to promote docility and lessen the temptation of escape, and even to deceive them.3 Smith writes, “Perhaps the slave received emotional satisfaction through religious expression while the owner salved his conscience by reaffirming through the Scriptures his right to ownership of black brothers.”4 Like Smith’s book, Fogel and Engerman’s Time on the Cross: The Economics of American Negro Slavery relies heavily on numbers, but unlike Smith’s book the authors construct statistical models on their assorted data sets, models which they admit are based on a number of assumptions, and then said models are used as evidence to dispel longheld views on slave and plantation life. The book dos not focus on Florida but rather the American South as a whole from before, during, and after the Civil War. One such example which relates tangentially to the topics in this study is the book’s statistical basis 3 Julia Floyd Smith, Slavery and Plantation Growth in Antebellum Florida, 18211860 (Gainesville: University of Florida Press, 1973), 48. 4 Ibid., 95. 13 for the chart on life expectancy for American slave and free populations from 1830 through 1920.5 The life expectancy chart, along with the accompanying statistical basis for it in Fogel and Engerman’s supplemental volume, is easy enough to understand, but with the numerous caveats the authors make as to the data’s veracity, along with making irrelevant connections with what were then more recent data sets (such as the National Health Survey for 1968), makes the information almost useless.6 Their work strains credulity, and stands as a hallmark for future scholars of what not to do with regard to mathematical and statistical analyses. Herbert G. Gutman’s Slavery and the Numbers Game: A Critique of Time on the Cross points out a large number of problems with Fogel and Engermna’s work, but the overarching problem is that they apply static models to dynamic, changing situations. Gutman rhetorically questions the point Fogel and Engerman make on the average age of slave women marrying being twenty years old: exactly why did slave women marry at twenty? According to Gutman, Fogel and Engerman do not answer this question, and this repeated refusal to answer the why behind the what is the principal problem with their work as a whole.7 While all of the works surveyed make mention of slaves escaping, none analyze them in the same manner as Donorena Harris’s master’s thesis Abolitionist Sentiment in Florida, 1821-1860. The majority of Harris’s work concentrates on military operations during the Second Seminole War, but also includes a portion to a basic analysis of slave 5 Robert William Fogel and Stanley L. Engerman, Time on the Cross: The Economics of American Negro Slavery (Boston, MA: Little, Brown and Company, 1974), 125. 6 Robert William Fogel and Stanley L. Engerman, Time on the Cross: Evidence and Methods – A Supplement (Boston, MA: Little, Brown and Company, 1974), 100, 101. 7 Herbert G. Gutman, Slavery and the Numbers Game: A Critique of Time on the Cross (Urbana, IL: University of Illinois Press, 1975), 7. 14 escapees during the period. Finding over 650 separate advertisements for escaped slaves between 1821 and 1860, Harris concludes that fewer than ten percent were successfully captured, but further states that the low capture rate was such because most planters did not advertise their runaways in the papers, and the real number of runaways was probably higher than the number of advertisements suggests.8 The number of runaways was probably higher because of the violence visited on plantation slaves. Three-quarters of the runaways were male; the average age at escape was twenty-seven, with on average two escapes per person. Most of these escapes occurred, predictably, in the heavily populated plantation belt of Middle Florida.9 James Denham’s A Rogue’s Paradise: Crime and Punishment in Antebellum Florida, 1821-1861, along with Denham and Randolph Roth’s Florida Historical Quarterly article “Why Was Antebellum Florida Murderous? A Quantitative Analysis of Homicide in Florida, 1821-1861,” provide the quantitative foundation for this study. A Rogue’s Paradise is partially a collection of the surviving antebellum Florida county records concerning crimes, which are tabulated with charts, along with period newspapers and letters. While both present qualitative and quantitative evidence that antebellum Florida was exceptionally violent, the work is contradictory – in his book, Denham states that people during the period were united into a territory, and later a state, partially through the selfless professionalism of their appointed law enforcement officers. He then describes the multiple, sometimes pathetic, failures of law enforcement officers to Donorena Harris, “Abolitionist Sentiment in Florida, 1821-1860” (master’s thesis, Florida State University, 1989), 99. 9 Ibid., 104. 8 15 contain prisoners and control persons in jails. There are chapters in Denham’s book describing numerous examples of the rise of regulator groups and vigilance committees, self-styled vigilantes which formed in the law enforcement vacuum on the frontier. Persons fled prisons multiple times, state and federal law enforcement officials quarreled with one another over jurisdiction, and the state’s vast, forested interior provided ample space for escaping the law. In Denham’s article “Why was Antebellum Florida Murderous?,” he cites four reasons for a “peaceful” society on Florida frontier – due to their breadth, these might be applicable anywhere: first, a stable government that can enforce laws, second, the government must be recognized by most people as legitimate, third, an idea and feeling of unity must take root with a solidarity or patriotism which envelopes the whole of the society, and fourth, a legitimate social hierarchy.10 As Denham concludes, none of the conditions were met in antebellum Florida, especially the peninsular region, and thus violence was a near-constant problem. Denham and William Warren Roger’s Florida Sheriffs: A History 1821-1945, complements A Rogue’s Paradise with a qualitative and quantitative analysis of law enforcement operations. Unlike A Rogue’s Paradise, it does not attempt to explain why there was such chaos in Florida for so long; rather, the focus is on the sheriffs themselves and painting a picture of daily living for those employed as such. It was not until after the Civil War that sheriffs had any professional training or predictable salaries. The state did not have a formal penitentiary until after the war, either – indeed, the only requirements for the job of sheriff were reliability, good character, and the courage to apprehend James Denham and Randolph Roth, “Why Was Antebellum Florida Murderous? A Quantitative Analysis of Homicide in Florida, 1821-1861.” Florida Historical Quarterly 86, no. 2 (2007): 231. 10 16 dangerous criminals.11 Some sheriffs also owned slaves, and if the sheriff did not pay poll taxes mandated by the territorial or state legislature, his slaves might be seized, making the work even less desirable.12 The ninth section of the fifth article for the 1838 Florida Constitution stated that sheriffs were appointed, not elected. The 1838 Florida Constitution would remain in force until the 1861 Florida Constitution was passed, which provided for secession to the Confederacy.13 The reluctance of many persons to take on what was most likely a dangerous, thankless, and low-paying job did not help stabilize the law enforcement apparatus in the region, and thus in its own way contributed to the violence on the frontier. Larry Eugene Rivers’s Slavery in Florida: Territorial Days to Emancipation more closely addresses the central question of violence against blacks by studying plantation life and the movements between them, and does so in balancing both quantitative and qualitative descriptions. Like A Rogue’s Paradise, Rivers’s work has collections of statistics and supports them with written accounts from the period. Unlike A Rogue’s Paradise, the book analyzes actions towards, and by, blacks in particular, and while whites are discussed in their roles as slave-owners and catchers, the emphasis remains on blacks with their experiences of the “peculiar institution.” One of the most important points of the book is its argument that slavery was not uniformly cruel; rather, slave experiences ran the gamut between what might have been outright sadism to something almost resembling freedom. Rivers relates the behavior of 11 William Warren Rogers and James M. Denham, Florida Sheriffs: A History, 1821-1945 (Tallahassee: Sentry Press, 2001), 33. 12 Ibid. 13 The Florida State University’s Florida Constitution Revision Commission, “Florida Constitution of 1838,” http://archive.law.fsu.edu/crc/conhist/1838con.html (accessed May 14, 2015). 17 Middle Florida planter Henry Wirt, who according to slave accounts, beat his slaves for no reason, and elsewhere relates how East Florida planter Winston Stevens never whipped his slaves, but instead furnished them with firearms so they might acquire food off plantation grounds.14 Rivers also contends, along with other historians, that the Second Seminole War was the largest slave revolt in American history, with anywhere between 750 and 1,000 slaves participating in the hostilities. Curiously, Rivers does not directly prove this point, but provides tangential evidence by describing how the Seminole Wars, particularly the Second and Third, were characterized by tenuous alliances among whites, blacks, and Seminoles, with blacks and Seminoles in particular shifting rapidly between depending on one another and turning in the other side to slave catchers or Federal soldiers, as the case warranted, when it suited them.15 Rivers also points out correctly that while Julia Floyd Smith’s book Slavery and Plantation Growth still has reference value, it does not examine the social aspects of daily living, such as religion or family ties, and her book does not examine black perspectives as overseers or slave drivers during the period at all. Rivers does not mean this as a criticism, but rather that the vacuum of social analysis provided the impetus for his work Slavery in Florida.16 Edward E. Baptist echoes the same idea of unstable, rapidly shifting alliances between blacks and Seminoles, and against blacks in particular, in Creating an Old South: Middle Florida’s Plantation Frontier Before the Civil War. Unlike A Rogue’s Paradise or Slavery in Florida, Baptist states that violence against blacks stems partially 14 Larry E. Rivers, Slavery in Florida Territorial Days to Emancipation (Gainesville: University Press of Florida, 2000), 73, 140. 15 Ibid., 206, 208. 16 Ibid., xiii. 18 from nineteenth-century Southern white ideas of masculinity and femininity – that is, the violent control of slaves was seen as a part of being male itself, and to make matters worse, this idea would bleed into other areas of life. Baptist makes clear that readers should not, in his words, “romanticize” the relationship between blacks and Seminoles; Seminoles would sell blacks to slavers, blacks would tell Federal soldiers the locations of Seminole swamp hideouts, and on several occasions the Seminoles simply killed blacks outright on suspicion alone.17 This more realistic view of black and Seminole relations stands in contrast to earlier views of the relations being almost idyllic. Kenneth Porter’s article, “Negroes and Seminole War, 1835-1842,” repeats an account by a Seminole agent named Gad Humphreys in 1827, who stated that the blacks were slaves to Seminoles, “but in name;” and blacks worked “only when it suits their inclination.”18 While Porter’s description of Seminole and black relations might be too optimistic, and Baptist’s description too pessimistic, perhaps Klos’s and Winsboro’s analysis of the debate might be the most objective. Klos writes, “Seminole society had blacks of every status whether they were born free, the descendants of fugitives, or perhaps fugitives themselves. Some were interpreters and advisors of importance; others were warriors and hunters or field hands. Intermarriage with Indians further complicated black status. But even a black of low status among the Seminoles felt it was an improvement over Anglo-American chattel slavery.”19 Winsboro points out that Klos does not describe the blacks’ status as slaves to the Seminoles, so with this revision it 17 Edward E. Baptist, Creating an Old South Middle Florida's Plantation Frontier before the Civil War (Chapel Hill: University of North Carolina Press, 2002), 205. 18 Kenneth Wiggins Porter, “Negroes and the Seminole War, 1835-1842,” The Journal of Southern History 30, no. 4 (November, 1964): 428. 19 George Klos, “Blacks and the Seminole Removal Debate, 1821-1835,” Florida Historical Quarterly 68, no. 1 (1989): 59. 19 would seem that blacks fleeing plantations to Seminole lands traded one form of slavery for another, a point which has yet to be fully explored and discussed in the literature.20 Jane Landers’s Black Society in Spanish Florida and Atlantic Creoles in the Age of Revolutions both discuss the roles of free and enslaved blacks during the British, Spanish, and American periods of the Florida peninsula. What makes the books valuable is that both describe the contexts for black, Seminole, Spaniard, British and American interrelations prior to the events documented here, and thus goes to some lengths in explaining the cultural and political conditions of the peninsula, particularly in eastern Florida in and around St. Augustine. Of particular interest is Landers’s focus on free blacks and women during the two Spanish periods, who, as she documents, owned property and could draft and enforce contracts through the Spanish-inspired court systems then in place, ideas which more general surveys of the period often overlook.21 In both works Landers also describes violence against blacks, but unlike the blacks unfortunate enough to live in Middle Florida, the blacks living in eastern Florida had additional legal protections, which despite the second and final Spanish cession of the peninsula in 1821, continued to exist as the descendants of the Spaniards influenced the Territorial and State legislatures. It is important to mention data sets, such as Denham’s data set on violence committed against blacks from the Ohio State Criminal Justice Research Center. Denham compiled this data set from contemporaneous newspapers and letters from the period. U.S. government censuses for Florida were gathered from the Interuniversity Consortium Irvin D. S. Winsboro, ed., Florida’s Freedom Struggle: The Black Experience from Colonial Times to the New Millennium (Cocoa: Florida Historical Society Press, 2010), 64. 21 Landers, Age of Revolutions, 183. 20 20 for Political and Social Research (ICPSR). The national census data is taken from the University of Virginia’s Historical Census Browser and the University of Michigan’s Inter-university Consortium for Political and Social Research.22 For violence data, surviving records on homicides are used. While records exist for crimes committed against blacks and others, homicide records in particular are focused on because they are more plentiful and more complete. For the homicide data, Denham has created a list of murders during the period, and this is housed at the Ohio State University Criminal Justice Research Center. The list entries are derived from county record books, newspapers, and record groups of the U.S. National Archives and Records Administration. When possible, Denham has cross-referenced the records to eliminate duplicate entries.23 “Inter-university Consortium for Political and Social Research.” ICPSR. http://www.icpsr.umich.edu (accessed May 14, 2015). The U.S. Government’s federal census data in digital form may be found and manipulated in several ways. The University of Virginia’s Historical Census Browser provides an intuitive tool, commonly referred to as a ‘front-end’ resource, for researchers to select and list census data on a very granular level, however the raw data tables from which the Historical Census Browser tool is built, commonly referred to as a ‘back-end’ resource, are provided by the University of Michigan’s Inter-university Consortium for Political and Social Research (ICPSR). Both methods are free to access for students and other scholars, however the data tables from the ICPSR require database manipulate programs which become progressively less trivial to use as the analysis level deepens. It should be noted that the knowledge of using such programs comes with the benefit of conducting more complex analyses than the Historical Census Browser tool affords. For casual users, the Historical Census Browser is probably sufficient. For the Historical Census Browser, see “Historical Census Browser.” University of Virginia Library, http://mapserver.lib.virginia.edu/php/state.php (accessed May 14, 2015). 23 James Denham, “Homicide in Florida, 1821-1861 | Criminal Justice Research Center,” The Ohio State University Criminal Justice Research Center, https://cjrc.osu.edu/research/interdisciplinary/hvd/united-states/florida (accessed May 14, 2015). Like the databases provided by the Universities of Virginia and Michigan, the data Denham has compiled is available as a spreadsheet which allows further record manipulation. 22 21 Florida: Atlas of Historical County Boundaries constitutes another separate collection of data sets, and gives step-by-step histories of how counties were created, absorbed, and broken up over time, and helps to form the county-to-population comparisons in the data analysis portions.24 These data enabled the comparison between populations of counties and districts against the crimes reported there, and for making additional inferences based upon said data. Period newspapers for the qualitative analysis portions were consulted from the University of Florida Digital Collections. Although these sources and data bases provide only a glimpse of the vast materials on the subject of this study, they do respond collectively as reliable sub-sets of historical literature and documents from which analysis and conclusions of violence against blacks in Florida’s antebellum period can be extrapolated. 24 John Hamilton Long and Peggy Tuck Sinko, Florida: Atlas of Historical County Boundaries (New York: Charles Scribner's Sons, 1997). 22 Race, Class and Demographics in the Antebellum Era: The Foundations of the Data Analysis By 1845, when Florida joined the Union, the peninsula had seen flags change several times among several empires; by that time, the peninsula had Europeans living on it for almost 300 years, and it was the descendants of these colonizing powers, along with the Native Americans (themselves also colonizers to a certain degree) that had settled in their various parts of the state, and had contributed to local cultures for good and for ill. Blacks had existed as both slaves and free people on the peninsula for just as long, and had along with the Europeans, Seminoles and later the Americans had contributed just as much to the cultural, social and political climates of this region. The State of Florida in 1845 inherited to a great extent the preexisting Territorial legislature and bureaucracy, as well as a partially functioning judicial system, which had years prior to Florida’s accession divided the state into judicial districts. Ech judicial district inherited the culture of those persons living there. During the period covered by this study, there were four districts – one for the western portion, one for the eastern portion, one for middle portion that sat between the western and eastern portions, and a southern judicial district which had under its jurisdiction most of the southern peninsula, including the chain of islands ending in Key West. The idea that most of the land was unpopulated was reinforced when one sees the enormous size of the districts themselves – all of them had many miles within their borders, as only a few cities existed during this period, with Key West as the largest. Each judicial district had its own culture as a product of its own history, which differed sharply from one district to the next. 23 On the largest scale, the whole state was subject to a Federal law passed in 1808 which forbid the international importation of slaves.1 Stafford mentions that the U.S. government didn’t engage in any international treaty barring the practice of slavery during this period, despite having passed national laws to the contrary. Those slave owners who followed the law could not purchase slaves from overseas, but instead encouraged their slaves to reproduce with one another and also reproduced with their slaves themselves, thus doing away with the need to purchase additional slaves. Despite Federal prohibition, slaving ships were common along the southern coasts during this time. There were heroic efforts on some parts to enforce the 1808 law – this explains the rise of Key West as a haven for free blacks and as the peninsula’s largest city. It was an initial piracy raid which prompted the Federal navy to have an outpost there, thus protecting under Federal (and somewhat by extension abolitionist) legal policies those who lived within. The key would serve as a base from which sailors could hunt and capture slaving ships. While American sailors did not work directly in conjunction with them, British ships would also interdict American slaving ships, claiming that the captures of those slaving ships in international waters was not a violation of American law. Escaping slaves who made the voyage from Florida to the Bahamas benefitted from the same interpretation of British law, and thus could avail themselves of three escape routes – to the northern states beyond the Mason-Dixon surveying line, Key West, or the Caribbean.2 Frances Stafford, “Illegal Importations: Enforcement of the Slave Trade Laws Along the Florida Coast, 1810-1828,” Florida Historical Quarterly 46, no. 2 (1967): 124. 2 Irvin D. S. Winsboro, “Florida Slaves, the “Saltwater Railroad” to the Bahamas and Anglo-American Diplomacy,” Journal of Southern History 79, no. 1 (February 2003): 57. 1 24 Life in Florida was not a constant parade of horrors that people visited upon each other, even on the frontier. Living life with routine was still possible. Public awareness of deaths, either crime-related or from natural causes, were communicated either in newspapers or talk. A typical announcement of death comes from the Columbia Democrat (a period newspaper serving Columbia County, Florida) describing someone named Mr. R. S. Bandy as having “registered his name as from Florida,” who was found dead in his hotel room later that day. No mention of the cause of death given, and “no one in Wilmington knew anything of him.” This death announcement was reprinted from another paper, the Charleston Tri-Weekly Standard. Below this reprint is a section from the Columbia Democrat itself which describes Bandy as “well-known” and a “very modest retiring young man.”3 In addition to the court system doing a largely ineffective job at controlling the people’s impulses, a series of groups came into existence to fill the void left by said courts. In vast tracts of the state, court enforcement was nonexistent, thus regulators, vigilance committees, and lynch mobs filled the void. These three groups began with very different goals in mind. The lynch mobs, as the name suggests, were groups of people intent on extrajudicial murder. These groups perceived somewhat autonomous blacks as a threat to the overarching social order. In this time period, many were taught that blacks were inferior beings, and whites were their natural and predestined overlords – blacks were seen as trainable savages, a hybrid of man and beast capable of thinking only enough to complete menial work. To their credit, not everyone followed this “The Columbia Democrat, February 11, 1858, in the University of Florida Digital Collections, http://ufdc.ufl.edu/UF00048743/00001/2x?vo=13 (accessed May 14, 2015). 3 25 example, and some endeavored to teach blacks to read, write, and count in violation of admittedly bad laws.4 The lynch mobs were known to give those they caught something resembling a kangaroo court hearing at which point they almost always hung whomever they targeted. Regulators and vigilance committee groups are somewhat interchangeable, particularly towards the end of the antebellum period, as by that point they had degenerated into squabbling political factions.5 However, in the beginning of this period, and indeed before the time frame covered in this thesis, regulators and vigilance committee groups were different. Both were formed to combat the failures of the state courts, and sometimes even afforded those they caught with on-the-spot hearings, where they took statements and attempted to reach some impartial conclusion with those involved in whatever grievance was being dealt with. Vigilance committee groups combined elements of lynch mobs and regulator “courts.”6 These three forms of groups acted to correct problems they saw with the lacking state court system, and it should be noted that non-aligned citizens and the press were themselves also adjudicators, albeit indirectly. In one example, a mayor ordered the whipping of a man accused of a crime before a jury trial had begun, leading to an outcry in the press and locals alike decrying the mayor’s actions.7 Orders to arrest criminals were printed in newspapers, thus allowing these extrajudicial groups to fill the gap left by the courts’ failures at apprehension. One example appears in the March 27, 1858 issue of William Rogers, “A Great Stirring in the Land: Tallahassee and Leon County in 1860,” Florida Historical Quarterly 64, no. 2 (1985): 148-160. 5 Denham, A Rogue’s Paradise, 204. 6 Ibid., 198. 7 Ibid., 153. 4 26 the Columbia Democrat, in which a reward of $100 was placed for the apprehension of Willis Conner for the murder of Wm. [possibly William] Deas; it was approved by Florida governor Madison Perry.8 Judicial summonses were printed as well. In but one example defendant Alonzo B. Cox, who apparently was sued by plaintiff James R. Dyall for $500 in “damages,” – Cox’s acts to incur said suit are unknown – was commanded to appear in the Eastern Circuit court within sixty days or face a default judgment.9 In 1821, the Spanish ceded the peninsula to the U.S. government, and the threecaste system, along with the freedoms enjoyed therein, was almost immediately replaced with the two-caste system seen in much of the rest of the South, although this was undermined. The early territorial councils passed laws to curtail the rights of free slaves; these included a law in 1827 that barred free blacks from entering the region, a law in 1828 forbidding them from giving “seditious” speeches, sell alcohol to slaves, or participate economically on Sundays. The right to carry firearms was limited in 1825, again in1828 and outlawed completely in 1833. However, the practice of slave-owners allowing slaves to carry firearms to provide them with food may have undermined this ruling. Free blacks also were barred from juries and not allowed to testify against whites in court proceedings; interracial marriage was outlawed and “fornicating with a slave” was a crime punishable by a $1,000 fine and a loss of civil and political rights. In but one example in Jacksonville, free blacks could be temporarily enslaved on manual labor jobs, 8 The Columbia Democrat, March 27, 1858, in the University of Florida Digital Collections, http://ufdc.ufl.edu/UF00048743/00005/3x?vo=13 (accessed May 14, 2015). 9 The Jacksonville Standard, February 24, 1859, in the University of Florida Digital Collections, http://ufdc.ufl.edu/UF00050172/00002/1x (accessed May 14, 2015). 27 whipped for misdemeanors, and had to pay fees to register with their ‘guardians.’10 The laws grew from a common fear of blacks, a need to control them to prevent the seemingly always-imminent slave rebellion, a need to make sure that other blacks knew their ‘place’ and would not seek redress, and the creation of a servile class. In his article, “Race Relations in Territorial Florida, 1821-1845,” Canter Brown Jr., like Larry Rivers and to a lesser extent Julia Floyd Smith, claims that the sets of harsh race-related laws, designed primarily to prevent a hypothetical black or Seminole insurrection, were passed with the overwhelming support of the members of the Territorial Legislature and the general public. Nevertheless daily realities of running plantations and conducting other business made the laws at times unenforceable. To say that planters from the “Old South” states moved to Territorial Florida and recreated the race codes is correct, but it was not borne from any long-term plan to clone the “Old South” in Florida.11 Rather, it was rooted in fears those same planters, and the less-wealthy persons living around them, had of slave revolt. While irrational because of the inherent race-hatred necessary to quell revolts of particular races of people to begin with, the fear was nevertheless not entirely unfounded. Indeed, Larry Rivers describes, and Brown, Jr. echoes the idea that the Second Seminole War, waged only recently in the Territory’s past, was not so much a war pitting Federal soldiers against Seminoles, but Daniel L. Schafer, “‘A Class of People Neither Freemen Nor Slaves:’ from Spanish to American Race Relations in Florida, 1821-1861.” Journal of Social History 26, no. 3 (1993): 588, 590, 591. 11 Canter Brown, Jr., "Race Relations in Territorial Florida, 1821-1845," Florida Historical Quarterly 73, no. 3 (January 1995): 288. On the question of Old South Florida, see Irvin D. S. Winsboro, ed. , Old South, New South, or Down South?: Florida and the Modern Civil Rights Movement (Morgantown: West Virginia University Press, 2009), 123. 10 28 instead blacks fleeing plantations to align and fight with the Seminoles.12 When the Second Seminole War’s hostilities broke out in late 1835 and early 1836, a large number of slaves joined the Seminoles in fighting; while the number is not precise, and may never be truly known, estimates range from the “hundreds” to “over 1,000.” The momentum with which people carried out their lives in defiance of the laws was such that even after open warfare had occurred, and in response the Territorial Legislature enacted even more harsh laws, the people complained openly, and the congress was forced to admit its mistake.13 Daily living forced people to flout the laws, but to be more specific, economic and social realities forced people to flout the laws. It should be pointed out that wealthy planters, while sitting in the Territorial Legislature, did not typically run their vast plantations in person – such plantations in some cases covered thousands of acres, making personal surveillance impossible. The work of overseeing slaves was handed out, as the name implies, to overseers, usually less wealthy whites who perhaps might live their dream of owning slaves vicariously through the more wealthy planters. Because the wealthy planters were not only politicians but also part of a Floridian “gentlemen’s class,” they could easily pass restrictive, almost absurdly draconian laws, such as disallowing various types of firearms to free blacks on at least two occasions, and not suffer from the repercussions should they run afoul.14 In the Middle Florida judicial district, there were the most densely populated plantations as well as the largest plantations in the state. This Middle judicial district was 12 Ibid., 304. Ibid. For greater detail on the origins and effects of the Seminole Wars, see Joe Knetsch, Florida's Seminole Wars, 1817-1858 (Charleston: Arcadia Publishing, 2003). 14 Ibid., 294, 303. 13 29 home to counties whose persons who had emigrated there from other, more classically “Southern” states and those planters sought to replicate the morals, mores and customs of the regions they had come from.15 George Rawick’s Florida Narratives provide firsthand accounts of living in Middle Florida during this period. Louis Napoleon was owned by Arthur Randolph, and lived in Ft. Louis, a town near Tallahassee. According to him, Randolph was very kind and never whipped his slaves; furthermore, if a slave was whipped by an overseer, the slave told Randolph himself, and the overseer was dismissed.16 Similar conditions were echoed by Douglas Parrish and Acie Thomas. Parrish, born in Monticello, Florida recounted being athletically gifted, and used as a ‘runner,’ where he competed in races against other slaves from other plantations throughout the county, which his and other slave-owners would bet on, and described daily living as ‘not all bad.’17 Plantations could also be well-insulated from the rest of the world. Thomas tells of an almost-pleasant life on his plantation in Jefferson County. Born in 1857, he was owned by the Folsom bothers, who never whipped their slaves, always provided their slaves with ‘plenty of everything’ to eat, and supposedly competed with other slave owners in the region to see who could throw the most luxurious parties for their bondsmen. The threat alone of being sold off to less wealthy “white trash” slaveowners was enough to compel obedience, more even than whippings.18 Other ex-slaves told harrowing stories of physical abuse and, at times, blatant torture. Margrett Nickerson, estimated to be either eighty-nine or ninety years old during Christopher Linsin, “Skilled Slave Labor in Florida: 1850-1860,” Florida Historical Quarterly 75, no. 2 (1996): 183. 16 Federal Writer’s Project Florida, Florida Narratives, ed. George P. Rawick (Westport, Conn.: Greenwood Publishing Co., 1972), 242-244. 17 Ibid., 259. 18 Ibid., 327-328. 15 30 her interview, was born on the Carr plantation near Jackson County. Slaves were beaten if they left their shoes in the field, and slaves caught escaping were forced to wear a cagelike device made of iron bars – one iron bar around the waist, another wrapped around the neck, and with these two connected by other iron bars, with bells attached to them, so the slave could not move without making noise.19 Shack Thomas, born in 1834, reported that his owner hired cruel overseers, who would punish slaves by gagging them, tying them into a squatting position for hours at a time, and hanging them by their thumbs.20 Charlotte Martin recalled her brother being whipped to death by their owner Judge Wilkerson on their Sixteen, Florida plantation.21 The Eastern judicial district was distinct from both the Western and Middle judicial districts in that while it too held plantations, it held more than the Western district and far less than the Middle district. This distinction is important in this analysis of how the frontier nature affected violence against blacks, and also serves to justify the different categorizations what is considered “frontier” and what is considered part of the Plantation Belt. What sets the Eastern district apart is the culture clash of how the plantations were run. Whereas the Middle district imported a severe regimented system the Eastern district employed the task system, in which slaves were not necessarily forced to work from sunup to sundown, but rather in discrete assignments. Although still slavery, this kind of system incentivized completion – a slave was told to clear brush and then allowed to stop and rest, for example, rather than being told to work for an indeterminate time or else face negative consequences. This completion-based work system also incentivized the 19 Ibid., 250-255. Ibid., 336-337. 21 Ibid., 166. The city of Sixteen, Florida no longer exists. 20 31 development of skills such as woodcutting, masonry, metalwork, and so on. The more skills a slave had, the more valuable he was to his owner and more the owner would be inclined to both trust and profit from his work. Notable slave owner Zephaniah Kingsley, who had a plantation in the eastern judicial district, employed the task system with great success; while he may have exaggerated his claims, he wrote in his diary that he no longer had to discipline his slaves at all.22 The Eastern Florida judicial district also contains St. Augustine, the oldest continuously occupied European city in the United States, established as such in 1565 by Spanish colonist Pedro Menéndez de Avilés. The treatment of slaves in and around St. Augustine was initially rooted in Catholic Church teachings and Spanish court decisions. Blacks were considered to have souls and “moral personalities,” and were not always permanently trapped in bondage. The court system afforded them the rights of owning property and in some cases suing their owners. The Spanish Crown also encouraged people to free their slaves via a moral command, and marriage between blacks and whites was not discouraged. The resultant children were acknowledged and educated by their white fathers, and were accepted into the Church. Slaves were also allowed to own property, and were also allowed to purchase their own freedom under the legal concept of coartación, and could appeal to the courts if their owners refused.23 The only entirely free black town in Florida, Gracia Real de Santa Teresa de Mose, was established in what would become eastern Florida in 1738, and despite being abandoned long before the Larry E. Rivers, “A Troublesome Property: Master-Slave Relations in Florida, 1821-1865,” in The African-American Heritage of Florida, eds. David R. Colburn and Jane L. Landers (Gainesville: University Press of Florida, 1995), 112. 23 Schafer, “‘A Class of People,’” 587-588. 22 32 Spaniards ceded Florida to the United States, it nevertheless formed a part of a much more progressive tradition for the Spanish culture in that region of the state.24 Under this system, there were three tiers: the caste of whites, then free blacks, and lastly enslaved blacks, although legal protections most enjoyed made the caste system very weak. Blacks serving in city militias were also effective in repelling invasions, one of which was from Georgia whites in a conflict known as the Patriot Rebellion in 1814. Under such a system blacks, even enslaved blacks, could enjoy much greater freedom than they could in most other places. Despite the passage of increasingly draconian laws, enforcement was haphazard, particularly since the descendants of Spaniards still lived in an around St. Augustine, and were neither capable nor willing to change their attitudes towards blacks based at the will of legislators, and to their credit a group both of whites and blacks vigorously protested the new laws. The Spaniards’ descendants at the time of the bills’ passage owned prime land around the major rivers in the area, and had employed large numbers of both slaves and free blacks. They repeatedly flouted the laws, including the 1829 law barring interracial marriage and the white planters lived openly with their black spouses. They could do this as they held important positions within the legal structure; that of local sheriffs, clerks, judges and delegates to the territorial legislature. Indeed, throughout the 1830s, 1840s, and into the 1850s, the laws were barely enforced, but as the country stepped closer to civil war, the various racial tensions appeared again, and the laws were enforced more severely. By the late 1840s, the prices of slaves rose sharply, and the process of manumission was increasingly challenged in 24 Landers, Black Society in Spanish Florida, 29, 59. 33 court. It was common for children of slave-owners to contest the manumitting will of said slave-owner in order to re-enslave their human property and gain some profit; by 1859, manumission was outlawed entirely.25 The Florida State legislature forced free blacks to register (with a fee) with the probate judge in their county of residence, and re-register (with the same fee, again) if they moved to another county. Every semi-free black person over twelve years old had to have a guardian whom they could pick for themselves, and said guardian could be sued for whatever grievance. The blacks under guardians were immune from lawsuits, but in gaining this legal protection, they were forced into both a de jure and de facto state of slavery again.26 The increase of enforcement of these laws can be traced to the native white population; up to the middle of the nineteenth century, white population in the Eastern Florida judicial district increased, and this along with the gradual die-off of Spanish planters, harder race codes set in. Over time, the Eastern district began to mirror the rest of the “Old South,” with the rigid dividing lines between blacks and whites, the repressive laws, and general, pervasive fear. Such attitudes were not calmed by the increasing calls for secession, which Florida eventually acquiesced to in 1861, and the concomitant need to suppress the slave rebellion always on the horizon. As for violence against blacks, it is undoubtedly true that such rigid laws along with an increasingly effective enforcement drove violence against them – especially if the cultural climate is so poor that one is tempted to enslave oneself to escape violence. The Eastern Florida judicial district is unusual in that only in a few decades the overall attitude changed so quickly and so profoundly. The question remains of whether 25 26 Ibid., 592, 593, 594, 597. Smith, Slavery and Plantation Growth, 121. 34 the Eastern judicial district belongs to the Plantation Belt or the frontier region; in a way, the Eastern Florida judicial district covers both – outside of St. Augustine and Jacksonville, the frontier lay between the cities and the Georgia border, as well as the nearest cities to the west and the vast open areas of the southern peninsula. Schafer attributes the bad social and legal climate to a combination of xenophobia, racial hysteria, and class conflicts throughout the 1850s, culminating in a Florida Supreme Court Justice writing that the superiority of the white race should be demonstrated by creating and exacting ever more degrading forms of punishment on blacks convicted of crimes.27 In 1858, the editor of the Columbia Democrat wrote in support of the “Negro Exemption Law” under consideration at the time in the Mississippi legislature and denounced an earlier editorialist for opposing the law, saying that because under the law one slave per owner was exempted from seizure for paying debts, it would encourage everyone to purchase at least one slave, which would “generalize, strengthen and extend this great and peculiar institution.”28 That newspaper’s editor, E. M. Graham, went so far as to openly admit his – and by extension, the paper’s – political bias, such that the paper was above “partisan rule” but nevertheless “feeling an abiding interest in East Florida” and supporting any measure to “promote the common weal of our citizens.”29 In 1859, an editorial in the Jacksonville Standard praised the Ohio Supreme Court for upholding the Fugitive Slave Law, noting in particular that Black Republican judges upheld the law.30 Schafer, “‘A Class of People,’” 602. The Columbia Democrat, March 4, 1858, in the University of Florida Digital Collections, http://ufdc.ufl.edu/UF00048743/00002/2x?vo=13 (accessed May 14, 2015). 29 The Columbia Democrat, May 15, 1858, in the University of Florida Digital Collections, http://ufdc.ufl.edu/UF00048743/00009/3x?vo=13 (accessed May 14, 2015). 30 The Jacksonville Standard, May 12, 1859, in the University of Florida Digital Collections, http://ufdc.ufl.edu/UF00050172/00009/2x?vo=12 (accessed May 14, 2015). 27 28 35 Key West provides a contrast to the rest of the Florida peninsula because of the conditions there afforded to blacks both free and slave. The island’s strategic importance to the Federal navy, as well as the unchecked lawlessness, were the main reasons for establishing the Southern Florida judicial district in 1828, and throughout this period until the end of the Civil War it served as a “thorn in the side” of Floridian (and later Confederate) pro-slavery forces.31 While soldiers and sailors appeared eager, or at least willing, to serve in Key West, there are conflicting accounts of those Union soldiers serving in the rest of the peninsula. Denham states that often Federal soldiers would resign than serve in areas outside of Key West, due to the various period conflicts.32 Taylor describes the Union troop experience as often times “serene,” and claims that most of the “raids” conducted by Federal soldiers, who he describes as “armed tourists,” were not to attack Confederate rebels at all but to steal citrus fruits, slaughter cattle, burn cotton and liberate slaves.33 Prior to Federal navy involvement, Key West served as a stopping point for ships bound for the Bahamas, Cuba and the other Caribbean islands, and in so doing was a piracy site. By 1835, despite Federal officials’ involvement, residents still complained of “grogshops,” coffeehouses and billiard rooms operating on Sundays.34 By 1852, Key West had become the state’s largest city, home to some three thousand residents, more or less, with active ship dredging, salvage and wrecking The term Black Republican is a metaphor for abolitionists. Judge Joseph Rockwell Swan, who wrote the majority opinion in Ex Parte Bushnell, was white. See: http://www.sconet.state.oh.us/SCO/formerjustices/bios/swanJR.asp. 31 Denham, A Rogue’s Paradise, 56. 32 Ibid., 54. 33 Robert A. Taylor, “The Civil War, 1861-1865,” in The History of Florida, ed. Michael Gannon (Gainesville: University Press of Florida, 2013), 254. 34 Denham, A Rogue’s Paradise, 57. 36 operations.35 By 1860, Key West held the Southern Florida judicial district’s highest number of free blacks, one-ninth of the total state population at the time.36 Like other cities in Florida during the period, Key West suffered from a lack of funding for its criminal justice system, forcing local leaders to resort to unusual means of housing criminals to await trial which in many cases proved ineffective. Even as late as 1841, criminals were often not housed in a jail per se, but were sometimes housed in what was described as a halfway house. Until 1855, criminals arrested in Key West were sometimes transported to neighboring counties for incarceration.37 Other options included keeping prisoners in private houses guarded by public police, the military garrison, or even allowing criminals to grant themselves bail, removing the need for housing them at all. The one jail that was constructed in 1828 proved almost useless to hold prisoners; anyone with sufficient strength could break through the walls, contraband including alcohol was smuggled in, and those who did stay risked their lives with extreme heat, dampness and moldy cells. To top off this sorry state, Federal soldiers often clashed with the city police over who had jurisdiction.38 For the victims of the criminal justice system and for blacks in particular, Key West offered a freedom unrealized almost anywhere else. Slavery did exist in Key West, however, this was not due to overarching legal policies. Free blacks arriving in Key West could retain their freedom and hire themselves out for work, earning their own money. What slaves did work there were hired out to the Federal soldiers for doing manual labor, 35 Ibid. Irvin D. Solomon and Grace Erhart, “Race and Civil War in South Florida,” Florida Historical Quarterly 77, no. 3 (1999): 321. 37 Denham, A Rogue’s Paradise, 168. 38 Ibid., 156, 170, 174-175. 36 37 while the Federal government paid for housing and meals.39 With the exception perhaps of living with the Seminoles, blacks in Key West enjoyed a level of autonomy not seen anywhere else in the peninsula – even more so than free blacks living in Pensacola, who unlike the blacks in Key West always ran the risk of being sold again into slavery by either a terrible mistake or deliberate criminality. It should be pointed out that free blacks were relatively safe on the key itself despite slave ships patrolling the coasts. In fact, blacks serving in the Union Army had the unusual opportunity to make dents in the slave trade; in 1860, two slave ships were captured and in turn greatly increased the black population.40 The island also played host to the conflicts in the Seminole Wars; as late as 1857, the West-Florida Times printed a message from Key West regarding Federal troops’ efforts to make peace with the Seminoles by posting white truce flags, flags which the “savages” had taken down and in doing so refused to attend peace talks.41 Key West stands as a contrast to the rest of the Florida peninsula, a literal island of semi-freedom next to a landmass of near-universal iniquity. Politically, Key West was an extension of the Northern federal control in a state squarely in pro-slavery (and later, Confederate) hands, so it is apt to include Key West as part of this study as it is connected by the rest of the state both geographically and by a common history. In the bigger picture, the relationship between those living in Key West and the rest of the Florida was a power struggle mirrored on the larger stage of the nation itself; as the country lurched towards civil war at the end of the 1850s, Key West grew larger in importance as a destination for runaway slaves, and for the slaves that worked there Solomon and Erhart, “Race and Civil War,” 324. Ibid., 327, 329. 41 The West-Florida Times, January 6, 1857, in the University of Florida Digital Collections. http://ufdc.ufl.edu/UF00048634/00001/2x (accessed May 14, 2015). 39 40 38 already, conditions were hard, but certainly no harder than anywhere else the might be treated as slaves. In 1861, U.S. Congress passed the first of two confiscation acts, which forced slave-owners to forfeit their human property should they be found aiding the southern states. This act, combined with the second confiscation act and the Emancipation Proclamation of 1863 proved practically useless but politically very valuable, as the “states in rebellion” considered themselves a separate nation, at least until 1865, and as such they believed the laws of a foreign government did not apply to them. Still, the laws were politically valuable, and were undoubtedly seen as a rationale for blacks to join the United States Colored Troops to fight against the Confederacy – this became especially important after January 10th, 1861, as this was when Florida split from the Union, becoming the third state to do so – freeing slaves in the process and fighting as professionally trained soldiers.42 The social atmosphere on the island was not entirely for freedom either. In the July 14, 1860 issue of the Key West newspaper Key of the Gulf, there is praise for President Buchanan’s veto of the Homestead Bill. The newspaper, without an accompanying author, describes the Homestead Bill as a “free-dirt, vote-yourself-a-farm measure,” designed and argued for by Black Republicans for “electioneering” purposes. 43 The Homestead bill was designed to give family heads up to 160 acres of land for a fixed value. Southern states had feared that a migration of persons, blacks in particular, Solomon and Erhart, “Race and Civil War,” 338-339. While Black Union troops fought with professionalism and tenacity in conflicts in Florida and elsewhere, their role has been underemphasized. For more information on the roles of Black Union troops in Florida during the Civil War, see Irvin D. S. Winsboro, “Give Them Their Due: A Reassessment of African Americans and Union Military Service in Florida During the Civil War,” The Journal of African American History 92, no. 3 (Summer 2007). 43 Key of the Gulf, July 14, 1860, in the University of Florida Digital Collections, http://ufdc.ufl.edu/UF00048587/00003/2j (accessed May 14, 2015). 42 39 out of state would exhaust their own labor force and give rise to anti-slavery farmers and more legislative weight in Congress.44 By describing the bill as giving land for free, when in reality (had the bill passed) the land would be sold, the Key of the Gulf newspaper makes its opinion known. All throughout this period, Floridians both directly involved and not involved in the Seminole Wars also contended with their effects. These conflicts provided a backdrop to, and additional violence intermixed with daily living. There are three Seminole Wars lasting from 1817 to 1858, respectively, with peace gaps in between. The Second and Third Seminole Wars as well as the interim peace provides the best context in which to study the violence towards blacks, particularly because blacks and Seminoles joined together to fight the soldiers pushing farther into their domain. The name of “Seminole” given to the conflict implies that the federal soldiers saw the Seminoles as their enemy – this is not entirely the case, as the wars were fought in part to reclaim runaways. Major General Jesup, the commander of the army in Florida, stated that “it was a negro, not an Indian war.”45 Major General Jesup believed that his actions were preventing a slave insurrection, caused by runaway slaves. The blacks escaped their plantations to join the Seminoles and have a far greater degree of freedom, and were willing to fight for it. Porter recounts that while the Seminoles purchased slaves in the same manner that whites did, they had no concept or intention of human US National Archives and Records Administration, “The Homestead Act of 1862,” http://www.archives.gov/education/lessons/homestead-act/ (accessed May 14, 2015). 45 Kenneth Wiggins Porter, “Negroes and the Seminole War, 1835-1842,” The Journal of Southern History 30, no. 4 (November, 1964): 427. For a more detailed account of Major General Jesup’s role in the causes and conditions surrounding the Seminole Wars, see Joe Knetsch, Florida's Seminole Wars, 1817-1858 (Charleston: Arcadia Publishing, 2003). 44 40 ownership, and even allowed the blacks to live in their own houses, grow food and cotton, herd and own livestock, provided the blacks gave them a ‘tribute’ of meat and vegetables around the harvest time. These accounts, as well as the conditions of slaves in the East Florida judicial district, who at the outset were seen to carry firearms on their own to hunt for their owners’ food, fed the fears of a slave insurrection. The Seminole’s refusal to part with their black “property” was the impetus for the Seminole Wars, which occurred mainly in East Florida. The Seminoles had knowledge of bondage on plantations, and because blacks were content to go about their own lives without harassing their Seminole “owners” and provide them with food, the Seminoles did not want to part with their allies. This, combined with the blacks’ refusal to return to their plantations for fear of retribution, provided the impetus for the Federal soldiers to war against the Seminoles. The Seminoles did not live in the path of white settlement, so blacks chose to live with them. The blacks who fled plantations to live with the Seminoles were, in the eyes of white planters, property that had gone missing and had to be repossessed; slaves could not be imported from outside the country due to a series of federal laws, and even if they could have, the blacks would continue to live with the Seminoles and represent a threat. It is, as Porter states, a very likely rationale that the Seminole Wars were fought to repossess slaves, not to exterminate or remove the Seminoles themselves, although most of the Seminoles were eventually removed. The fears of a slave rebellion were not entirely unfounded. Seminoles and their black allies attacked a number of sugar cane plantations in the St. John’s valley in the Eastern Florida judicial district towards the end of 1835, hoping to convince other slaves working there to join them and drive the federal soldiers out. Initially they were 41 successful, with Seminoles and former slaves gaining more fighters from the plantations in their drive towards St. Augustine. During this period, the Florida territorial legislature passed a bill ordering that any black person found aiding the Seminoles would be sold into slavery. Later in 1836, a group both of free and formerly enslaved blacks led by John Caesar, a black Seminole, almost mounted a raid on St. Augustine itself, but the group was trailed to its location and disrupted before the raid took place. It was two miles away from the city, it was found the group had purchased items from local shops. It was decided that such raids could not be allowed to continue, lest the whites were driven out altogether along with property losses. This raid, along with other incidents during the period, led to pressure on Federal soldiers to forcibly deport the Seminoles to areas west of the Mississippi River, to split them from their black allies and to then return the blacks to their plantation owners. As Porter writes, the blacks had found freedom among the Seminoles, and were initially willing to fight with them against the whites. As time passed, it became evident that the Federal government was set on Seminole removal without allowing blacks to move with them, and it eventually was prudent to surrender on the promise that both black and Seminole freedom were respected. While Jesup intended to follow through with this promise in good faith, it was overridden, with the Seminoles deported west and blacks being returned in large numbers to their former owners.46 By August of 1842, the Second Seminole War was over and what fighting remained was reduced to small skirmishes, with the hardiest Seminoles left in the swamps and hammocks far outside the white settlements. A peace period existed between the whites and Seminoles until the Third Seminole War in 1855. Along the peninsula’s 46 Ibid., 427, 428, 431, 434, 435, 450. 42 frontier, the boundaries of which were constantly changing due to spreading white settlement and surveying teams during the period, the area was ripe for violence. The Seminoles were forced onto large reservations, however both whites and settlers crossed the boundaries for personal gain.47 On the eve of the Third Seminole War, there were several groups vying for control at the same time – white settlers, local militia members, federal soldiers and the Seminoles, who wanted to keep inside their reservations. Joe Knetsch believes the white settlers sent surveyors and soldiers into the Seminole reservations to deliberately stir up trouble and thereby provoke a war, which eventually came. The Third Seminole War took place in southwest Florida, after the Seminoles had moved away from the northeast corner, inside what is now the Everglades National Park and Big Cypress Swamp.48 The Third Seminole War had no major battles but instead roughly three years of wearing down the Seminoles’ resolve by forcing them to run from Federal troops and white surveyors, with a modicum of response by the Seminoles for the extent of their warring was sending occasional Seminole raiding parties into white settlements. It began when Lieutenant George L. Hartsuff and his men attacked and destroyed a banana grove used by Billy Bowlegs, the leader of the Seminole and black allied forces in December 1855. The Battle of Peace River began on June 14, 1856 when Seminoles attacked the Tillis household inside the Peace River Valley, and ended five days later when the whites in the surrounding areas failed to find the Seminoles who 47 Joe Knetsch, Florida's Seminole Wars, 1817-1858 (Charleston: Arcadia Publishing, 2003), 147. 48 Ibid., 151. 43 mounted the attack. 49 Whether these raiding parties were to acquire food, intimidate the settlers or both is an open question.50 On May 7, 1858, the third and last Seminole War was over, with whites failing to completely remove the Seminoles from their reservations, and with Billy Bowlegs agreeing to leave the state. The rest of the Seminoles and black allies who evaded capture fled to the Everglades, where some remain to this day. The string of conflicts started as a black repatriation into slavery, but when blacks were returned to their overseers, the wars then targeted the Seminoles for removal, due to political pressures to save face.51 This three-way conflict between whites, blacks and the few remaining Seminoles created an exceptionally violent frontier region. The fighting in the Second and particularly the Third Seminole War took place very far away from the northern plantation belt. The presence of Seminoles on the frontier allowed blacks to live a life almost of freedom, which made the frontier less forbidding than it might otherwise had been. However, with the Seminoles killed and driven out, these havens no longer afforded refuge, and the frontier returned to its more violent state. While the Third Seminole War was occurring, the nation lurched toward civil war. As stated previously, the late 1850s saw both an increase in economic output and an uptick in violence, particularly against blacks. According to William Watson Davis, the Florida state Democratic Party’s campaign slogan for 1860 was: “Oppose the North, which seeks the control of the national government to exclude slavery from the territories 49 Canter Brown, Jr., Florida's Peace River Frontier (Orlando: University of Central Florida Press, 1991), 107, 114-115. 50 Knetsch, Florida's Seminole Wars, 151. 51 Ibid., 150-151. 44 and destroy it in the South [author’s emphasis].”52 This is a telling slogan when squared with the historical record. Abraham Lincoln was elected as the sixteenth president in 1860, and had made clear in previous debates with Stephen Douglas that while he had personal reservations against the practice (and never owned slaves himself), he would allow slavery to exist provided the allowance would help avoid disunion. For Lincoln, at least in his first term, the preservation of the Union from political and economic destruction was the primary goal. He later issued the Emancipation Proclamation in 1863, which disallowed slavery in the states in rebellion (with the effect of allowing slavery to continue in states not overtly hostile to the Union, which included the so-called ‘border states’). The Emancipation Proclamation was seen then as now as a political move, because the Confederate states to which the Proclamation was directed considered themselves a separate nation, and thus not subject to Union laws. Nevertheless, Lincoln’s goal by 1863 had changed: rather than preserving the Union with slavery, he instead at least claimed to want to destroy slavery in the South and everywhere else. This was to bolster his 1864 reelection bid. A New York Times article published originally on November 9, 1863, echoed the public sentiment that the war was “not a war for the Union, but a war for the nigger.”53 It is telling that prior to any of these events coming to pass and prior to Lincoln’s election or saying anything contrary, that Florida State Democratic Party members believed slavery was under attack both in Florida and in the western territories. Davis correctly sees the late 1850s Democratic Florida State legislature and the Democratic 52 Davis, The Civil War and Reconstruction in Florida, 38. “The Adminitration and the War [sic],” The New York Times, November 9, 1863, http://www.nytimes.com/1863/11/09/news/the-adminitration-and-the-war.html (accessed May 14, 2015). 53 45 governor antagonizing one another, which in turn antagonized the general public.54 Although he offers no citations, Davis claims that vigilant committees were formed, by their own statements, to keep law and order in the towns they visited, but instead carried out extra-legal violence against those not supporting a Southern secessionist mindset. He relates the story in July of 1860 where a father and son known for expressing more moderate views were fired upon in their own home, with the father badly wounded. No end of that story is given.55 As the state moved closer towards the Civil War, even the long-standing progressive mindset of Spanish Floridians began to give way to harsher laws and general paranoia – moderate voices, including those who wanted Florida to remain in the Union, were sometimes violently retaliated against, and blacks, who had always occupied the lowest of the social ladder’s rungs in most places, were the targets of that violence more than most. 54 55 Davis, The Civil War and Reconstruction in Florida, 38. Ibid., 43. 46 Data Analysis in Historical Perspective The introduction in this study posited the question of whether or not the frontier of antebellum Florida nature contributed to violence against blacks. Part of answering this question relies on numeric analyses, specifically the surviving records on said violence. Several things must be borne in mind: many records did not survive the march of time, and records pertaining to antebellum Florida are particularly susceptible to this truth. During the early twentieth century, there was a series of fires consuming county buildings and libraries where official records were kept, destroying a number of records this study and others would find useful. The picture is obscured further when, as Harris states in her master’s thesis, slave owners during the period sought to suppress news of slave escapes and other violence-related situations so as not to project weakness, or a lack of control over their human property. Errors and lacunas in the original documents, whether due to carelessness or deliberate obfuscation, exemplified in the Seminole practice of disallowing white surveyors to count the blacks within Seminole territories, also exist.56 Despite these handicaps, it is still possible to analyze the surviving information in a number of ways and reach reasonable conclusions. The data itself is drawn from a number of sources. The U.S. federal government, as per its constitutional obligations, conducted the census once every ten years. The national censuses were and are, by their nature, the most thorough enumeration of persons during the period, and for this study the census data for 1840, 1850 and 1860 are used. The State of Florida conducted its own censuses starting in 1845, its first statehood year. This study will use the census years 56 Klos, “Blacks and the Seminole Removal Debate, 1821-1835,” 56. 47 from 1845 and 1855. Prof. Denham’s list of homicides, found at the Ohio State University Criminal Justice and Research Center, provides the main data base on which the study rests. Despite the aforementioned state of surviving records, the homicide database contains over 400 different cases of violence, spanning the nineteenth century from around the peninsula and “panhandle” region, bridging the time between the peninsula as territory and state. The population and homicide data are in the following analyses grouped by county. Counties themselves were repeatedly absorbed and broken into smaller counties, becoming more numerous as time passed. Cases in point are Dade and Monroe Counties – once encompassing most of the lower half of the peninsula in the nineteenth century, they now covers smaller portions, sharing the land they once covered with Lee, Collier and Hendry Counties today. The full list of homicides Prof. Denham has prepared contains listings that lie outside the time range for this study, and are therefore excluded. Many of the listings do not have a definite race of victim, so those listings are also excluded. Only the listings which have a definite race of the victim as black that lie inside the time range are counted. This forms the list of homicides under consideration in this study. This list of homicides is also analyzed in conjunction with the amount of land inside each county itself – the one database of homicides is compared against the database of county land areas to create ratios providing a contrast between the number of deaths and the amount of land in each county. Some clarifying remarks are in order before the models are presented so as to prevent a misinterpretation of the mathematical and statistical analyses. As mentioned before, correlation never equals causation – no matter how tempting it 48 might be to believe that one variable has any influence on another simply because it is presented in the same model, this temptation must be avoided. In his Antifragile: Things that Gain from Disorder, statistician Nassim Taleb states it is best to frankly admit the unknown when it comes to data sets, and goes even further in stating that one of the better uses for mathematics, and by extension statistics, is to explain the unknown portions of data. He also states that it is unnecessary to provide a theory for correlations, particularly with ratios and other comparative types of measurements, although there is nothing wrong in making intelligent guesses. Most importantly, however, is that one cannot mistake the unknown for the nonexistent.57 Court records are a prime example for avoiding this trap – many dates the courts were in session are missing, so the activities that took place on those days are unknown, but we cannot assume that no activity took place at all. Alas, we can use what is known to infer the likelihood of what could have occurred during the periods devoid of data as I have attempted to do herein. One of the hurdles in interpreting these data is determining which counties comprise the frontier and which comprise the plantation belt. Because this determination is to a degree subjective, several county groupings are considered. Counties are arranged in different ways to allow for differing definitions of the frontier and plantation belt. Each county belonged to a judicial district during the period, of which there were the Western, Middle, Eastern and Southern judicial districts. In Denham’s A Rogue’s Paradise and other sources these regions are sometimes referred to as West Florida, Middle Florida, Eastern and Southern Florida, but the meaning is the same. These judicial districts were formed usually around geophysical boundaries such as rivers. The Western Florida 57 Nassim Taleb, Antifragile: Things that Gain from Disorder (New York: Random House, 2012), 23, 372. 49 judicial district was bound by the Perdido River to the west and the Apalachicola River to the east. The Middle Florida judicial district was bound by the Apalachicola River to the west and the Suwanee River to the east. The Eastern Florida judicial district was bound by the Suwanee River to the west and the Atlantic Ocean to the east, and by the southern borders of Sumter and Orange Counties to the south. The Southern Florida judicial district contains the rest of the peninsula, terminating in the Atlantic Ocean and the Gulf of Mexico. County sizes are also taken into account, and are compared against county populations and homicide records to determine correlations, if any. The first analysis is called the “Border Peninsular” analysis: that is, the Western, Eastern and Southern judicial districts will be considered the “frontier,” and the remaining district is the Plantation Belt. In this analysis, Western, Eastern and Southern judicial districts bundled into the “frontier.” The panhandle is significant because most large plantations are located in the Middle Florida judicial district. In the other districts, while there are plantations, they are much smaller, have fewer slaves, and are not as densely placed together than in Middle Florida. This would be a more likely of the two analysis scenarios to see where the “frontier” begins. The following table is of the “Border Peninsular” analysis. 50 Region Decade Frontier Frontier Frontier Plantation Plantation Plantation 1840 1850 1860 1840 1850 1860 Border Peninsular Analysis Total Total Percentage of Black Homicides to Total Black Blacks Black Population by Region Homicides 20 10,275 0.19% 56 39,596 0.14% 52 52,838 0.10% 12 16,038 0.07% 20 45,278 0.04% 4 29,538 0.01% The above table contains the frontier region (defined as the Western, Eastern and Southern judicial district counties) and the Plantation Belt (defined as the Middle Florida judicial district counties.) For each region type, there are three rows, each for one census year. The census years 1840, 1850 and 1860 were the closest chosen to the timeframe. The column showing “Total Black Homicides” is derived from Denham’s data. It is important to note that from Denham’s data only the crimes for which the victim’s race was known were taken into account – most of the records from his data set listed the race of the victim as unknown – and for each referenced census year, only the crimes for which the victim was definitely known between that year and one year before the next census was taken is in the chart. For example, in the first row for the frontier region, the census year is 1840 – the column for Total Black Homicides only lists black victims between 1840 and 1849. No other information is counted in this column. For the column “Total Blacks,” numbers are computed from the referenced census year by adding up both the free and enslaved blacks per the census records on the Historical Census website. The percentage of black homicides in the final column is computed by dividing the value of the third column into the value of the fourth column. From the table, the number of black homicides relative to the total black populations is 51 low in all rows. However, in this particularly defined “frontier” region, the violence against blacks in both absolute terms and percentages is higher in all three instances. Without the large number of planters owning large numbers of slaves, slaves found it more difficult to seek “refuge” in sparse, smaller plantations. It should also be noted that slaves were given more relative autonomy in the Western, Eastern and Southern districts – some were afforded firearms for road travel, however, in travelling those remote roads they were subjected to banditry and attacks all the same. One will notice a significant drop in the number of blacks listed in the defined Plantation Belt for 1860; this is due to a migration of blacks to other regions, most notable of which is to the Frontier Regions in 1860, as explained by Linsin.58 The next analysis is of the “Southern Frontier” region. The homicide and census data are identical, however, only the Southern judicial district is considered the “frontier,” while the three others are considered the “Plantation Belt.” Region Decade Southern Frontier Analysis Total Black Total Blacks Homicides Frontier Plantation Plantation Plantation 1860 1840 1850 1860 8 32 76 48 1,455 26,313 84,874 80,921 Percentage of Black Homicides to Total District Black Population 0.55% 0.12% 0.09% 0.06% This table displays lower absolute numbers for black homicides for the defined “frontier” but a higher percentage, relative to the total number of blacks. In the defined “Plantation Belt” there is an appreciable spike in homicides in 1850, after which there is a decline in 1860. In all three “Plantation Belt” decade periods, the percentage of black 58 Linsin, “Skilled Slave Labor in Florida,” 188. 52 homicides is far lower than the “frontier” region. One contention is that because the absolute number of homicides for the “frontier” is lower, this proves at least in this instance that the frontier is less violent than the plantation belt. Two points are in order: it must be stated that in the “Southern Frontier” analysis, only the Southern judicial district is counted as the frontier, and in the data Denham provides there are no homicides against blacks in any Southern judicial district county prior to 1860. This does not mean that no homicides occurred; it only means there are no records. The absence of evidence is not the evidence of absence, particularly in light of antebellum Florida’s poor surviving records collection. Denham and Roth stated in their analysis that one must make “strong assumptions” mathematically with regard to data extrapolation to determine what, if any, trends exist.59 The methods of analyses herein do not rely on assumption, and only compute homicides for which the victim’s race is known. It should be clarified that even in these records there is some chance that the victim’s race is improperly recorded, although the chance of this is minimal given the low number relative to the whole list. The “Border Peninsular” and “Southern frontier” analysis tables are compared together. In all of the rows in both tables, the black population rises each year, with the exception of what is considered the frontier in the “Southern frontier” analysis. This drop in population may be explained by the migration of blacks to other parts of the state. In both tables, deaths of blacks as a percentage of the total black population are lower in the defined Plantation belt region, although the numbers as absolute values are higher. James Denham and Randolph Roth, “Why Was Antebellum Florida Murderous? A Quantitative Analysis of Homicide in Florida, 1821-1861.” Florida Historical Quarterly 86, no. 2 (2007): 218. 59 53 There is yet another way to analyze the homicide data. Denham’s data have the homicides categorized by county, and as such tables can be constructed on said data. What follows is a table on black homicides by county in the “Border Peninsular” mode. Border Peninsular Analysis - Black Homicide Victims by Region, District, County Region Judicial District County Homicides Frontier Eastern Alachua 3 Columbia 1 DuVal 3 Marion 4 Nassau 4 Orange 2 St. Johns 1 Southern Monroe 1 Hernando 1 Hillsborough 1 Western Calhoun 1 Escambia 4 Jackson 7 Santa Rosa 1 Plantation Belt Middle Gadsden 1 Jefferson 4 Leon 6 Madison 2 Wakulla 1 Several things are apparent in this table. First, the absolute number of black victims is higher in the delineated “frontier” region. The highest absolute number of all lies in Jackson County in the Western judicial district. The highest number in the Middle Florida judicial district lies in Leon County. All of the Southern judicial district counties tie with one another for black homicide victims, with one each. It bears repeating, as Denham does in A Rogue’s Paradise, that these data are obtained from the records left, and it is plausible to assert that more deaths actually occurred than are stated in the records. 54 Several counties are worth scrutinizing further, beginning with Jackson County. The county, while not the seat of slavery as were the counties in the Middle Florida Plantation Belt, nevertheless had the most fertile grounds in the circuit, and was therefore home to many slaves. Marianna, the largest city in the county, was described by locals as a violent place infested with drunks and brawlers at least until 1841, when most people found religion of some sort.60 In addition, at least one judge was seen by observers as lacking in his willingness to prosecute crimes. The only other major city in this district was Pensacola with a scattering of small settlements around them. It is plausible to say that Jackson County would be, more or less, on the “border” between the plantation belt and the frontier region of Florida, between the more settled Middle Circuit and the rest of the panhandle. As in the southern judicial circuit, the large towns were separated by large tracts of wilderness and swamps, making crime easy and tracking criminals difficult. The second highest black victim rate was in Leon County, in the Middle Florida judicial circuit. This is not surprising, because Leon County was not only the agricultural center of the Middle Florida’s plantation belt – and therefore had the highest number of slaves in the state, at least on the eve of the Civil War – but was also described, like many localities in the state, as being wracked by violence and mayhem. The violence and associated criminality were so rampant it prompted a visiting preacher in 1841 to pronounce a recently visited plague as a blessing, because so many scofflaws had died.61 With a higher number of blacks in the county, they were often seen as targets. Although the slaves enjoyed some protection as a property asset of their owners, the owner could not protect them at all times in all places and as before although there is a higher absolute 60 61 Denham, A Rogue’s Paradise, 41. Ibid., 41, 154. 55 number of deaths, percentage wise it is lower. A simple sum of the deaths in the frontier region in this mode is also higher than the sum of the deaths in the plantation belt region. This next table shows the “Southern Frontier” analysis mode, this time broken down by county: Southern Frontier Analysis – Black Homicide Victims by Region, District, County Region Judicial District County Homicides Frontier Southern Monroe 1 Hernando 1 Hillsborough 1 Plantation Belt Eastern Alachua 3 Columbia 1 DuVal 3 Marion 4 Nassau 4 Orange 2 St. Johns 1 Middle Gadsden 1 Jefferson 4 Leon 6 Madison 2 Wakulla 1 Western Calhoun 1 Escambia 4 Jackson 7 Santa Rosa 1 The absolute number of deaths is lowest in the Southern judicial districts, all tied for one death per county. All of the other counties, grouped here in the Plantation Belt, have at least one, but typically more deaths. It is tempting to say that because more blacks were killed in this Plantation Belt that this would refute the idea that the frontier was more hostile to blacks during this period, but this is not the case: as before, a higher absolute number of blacks were killed in the Middle Florida judicial district, but the Southern Frontier analysis only treats the Southern judicial district as the “frontier,” and this setting is a weak grouping – much weaker than the “Border Peninsular” analysis, 56 because the Western and Eastern judicial districts themselves were transition zones between the Middle Florida judicial district and the real frontier. In either analysis, a higher percentage of blacks were killed in the frontier region, so whether the frontier is defined as a grouping of arbitrarily drawn districts, or as real geography, blacks faced more violence on the open frontier than being in the plantation belt. Both environs were dangerous, and in both environs blacks faced racially-motivated killings – save for the few who endeavored to teach them reading, writing, etc., at risk to their own selves, or allow them to escape. Mode Border Peninsular Comparison: Border Peninsular vs Southern Frontier Region Race Deaths Frontier Region Black 34 White 146 Plantation Belt Black 14 White 80 Frontier Region Black 3 White 28 Plantation Belt Black 45 White 198 In the above table, the Border Peninsular and Southern Frontier analyses are compared directly. In all cases, regardless of district or defined region, white deaths are higher than black deaths. This might be explained by the gross underreporting of antiblack crimes. In the frontier region people were scattered across a large landscape, and there more whites than blacks in the southern frontier region (in contrast to Leon County, where blacks outnumbered whites). In picking targets to fight, either because a specific person caused a specific grievance, or because someone just happened to be present to be assaulted, there was a higher probability that the target will be white simply because there are more whites to be found. 57 Another reason for this is that in the Southern judicial district, the blacks were concentrated either in Key West (under Federal naval control by 1828) or Pensacola, and so whites living anywhere had fewer blacks to target. And even if whites were living in those towns, it was probable that either the black person was working under government protection of a sort, or the physical property of another, the owner would exact swift justice for damaging their chattel. In the “Border Peninsular” mode, which is closer to the physical reality of what might be considered the “frontier” and Plantation Belt, violence against whites and blacks alike was higher in the frontier region, because in this region sparse settlement allowed for lax enforcement of laws, although enforcement could also be lax in the plantation belt as well. 58 Generalized Count of Executions (Death Sentences) by County - Blacks and Whites County Race Executions Monroe Black 0 White 3 Alachua Black 0 White 9 DuVal Black 0 White 9 Escambia Black 3 White 18 Franklin Black 0 White 6 Gadsden Black 0 White 3 Jefferson Black 0 White 3 Liberty Black 0 White 1 Madison Black 0 White 9 Wakulla Black 0 White 4 The above table is a simple count of the executions (sentences of death) imposed by state-recognized courts. The black deaths in Escambia can be explained because the records in Escambia County during this time are remarkably complete, and also because Escambia County is home to Pensacola, a city with free blacks, second only to Key West. The far end of the Western judicial district can also be described as a partial frontier region. The white deaths can also be described in much the same way, in particular with Pensacola being a large trading city, and thus a crossroads of different businesses and people producing additional opportunities for contact and violence. 59 Assailants by Race by County as a Percentage of Total Slaves Where Victim was Black County Race Percentage Alachua Black 0.128 White 0.256 Columbia Black 1.003 White 0.000 DuVal Black 0.014 White 0.007 Escambia Black 0.024 White 0.040 Franklin Black 0.174 White 0.174 Gadsden Black 0.000 White 0.167 Jefferson Black 0.250 White 0.000 Liberty Black 1.000 White 0.000 Madison Black 0.225 White 0.112 Monroe Black 0.000 White 0.019 Wakulla Black 0.000 White 0.003 The above table displays wrongdoers grouped by race by their respective counties. Columbia and Liberty counties each have one percent of the total slave population as a black criminal. Columbia County is in the Eastern judicial district, whereas Liberty County is in the Middle Florida judicial district. Both counties only had one major town; Columbia had the town of Alligator (now renamed Lake City) and Liberty County had the town of Ricoes Bluff.62 Liberty County had the largest and most The University of South Florida’s Center for Instructional Technology, “Florida maps - county,” http://fcit.usf.edu/florida/maps/galleries/county/index.htm (accessed May 14, 2015). This web page has high-resolution color scans of earlier maps of Florida counties, including those which no longer exist due to county boundary revisions. 62 60 notorious group of regulators, who travelled the state engaging in all kinds of crimes, but regulator groups were composed of whites, not blacks. The presence of regulators does not explain the spike in black-on-black crime in this county. Liberty County has the same dearth of information; nothing in this county would explain the increase of black-onblack crime, with the exception that blacks in these cases were targeted not because of institutionalized racism, but rather because of personal grievances. Assailants by Race by County as a Percentage of Free Whites Where Victim was Black County Race Percentage Alachua Black 0.002 White 0.003 Columbia Black 0.002 White 0.000 DuVal Black 0.003 White 0.002 Escambia Black 0.004 White 0.006 Franklin Black 0.003 White 0.003 Gadsden Black 0.000 White 0.001 Jefferson Black 0.001 White 0.000 Liberty Black 0.002 White 0.000 Madison Black 0.003 White 0.002 Monroe Black 0.000 White 0.003 Wakulla Black 0.000 White 0.002 The above table shows the number of black victims as a percentage of the free white population, broken down into black and white assailants. In other words, this table like the previous one shows both white-on-black and black-on-black crime. Each county with 61 the highest percentage of black victims is in a different judicial district; however, both have coastal cities – Escambia County with Pensacola and Franklin County with Apalachicola. With the exception of their two largest cities, both counties were sparsely populated. Assailants by Race by County as a Percentage of Total Population For Black Victims County Race Percentage Alachua Black 0.001 White 0.002 Columbia Black 0.001 White 0.000 DuVal Black 0.001 White 0.001 Escambia Black 0.002 White 0.003 Franklin Black 0.002 White 0.002 Gadsden Black 0.000 White 0.000 Jefferson Black 0.000 White 0.000 Liberty Black 0.001 White 0.000 Madison Black 0.001 White 0.001 Monroe Black 0.000 White 0.002 Wakulla Black 0.000 White 0.001 The above table is a sum of the two previous tables; that is, the race of the criminals is broken down by county in which the victim was black. Admittedly, the percentages in the preceding three tables are low, but black populations, especially in Middle Florida are relatively large. There is no pattern among the data presented; however as before Escambia and Franklin counties lead the list in violence. There are 62 also counties, such as Gadsden County, in which no blacks reportedly committed crimes against blacks, and Liberty County where the opposite is true, there were no reported white assailants. Although there are no discernible patterns in these data otherwise, the tables do demonstrate that the counties most associated with the frontier – or those straddling the line between plantation belt and frontier – witnessed the most violence against blacks. Rather than using geographical boundaries, one may also analyze the data based on actual plantation settlement. In Julia Floyd Smith’s Slavery and Plantation Growth in Antebellum Florida, 1821-1860, a map is provided showing plantations plotted against county lines.63 As before, the “plantation belt” may be defined as the area between the Suwanee and Apalachicola Rivers, and while this is correct, it is also an ambiguous local point on the landscape. Plotting plantation sites against county lines reveal a plantation belt that consumed all of Jackson, Gadsden, Leon, Madison, Hamilton and Suwanee Counties, and portions of Jefferson, Alachua, and Marion Counties. According to this map, large planters halted their advance southward below Marion County, only populating the northern half of that county. The same halfway northernmost population also holds true for Jefferson County. Referring again to Denham’s homicide data, the number of black victims between 1845 and 1861 for all counties in Smith’s delineation of the plantation belt is nineteen. The total number of black homicide victims for all other counties in the same time period is seventeen. It is worth remembering that Denham’s data must be paired with the fact of less than perfect recording, sensationalized reporting, and simple human error. Even so, 63 Smith, Slavery and Plantation Growth, 13. 63 as the analyses here suggest, certain conclusions about anti-black violence in the antebellum regions of Florida are attainable through comparative data analyses. Although the historical record is incomplete on this subject, it is partially extant and it is partially suggestive of violence of the era under study here. 64 An Analysis of Middle Florida Slave and Land Records In Julia Floyd Smith’s Slavery and Plantation Growth in Antebellum Florida, 1821-1860, there is an Appendix B which lists the planters she found owning thirty or more slaves for the Middle Florida counties of Alachua, Gadsden, Hamilton, Jackson, Jefferson, Lafayette, Leon, Liberty, Madison and Marion Counties from the mid-1850s to the early 1860s. While the information is interesting in itself to those looking for numeric data on wealthy planters, it becomes especially useful when paired with county land area estimates and population figures. Smith reports that she found the information on planters from period county tax rolls, the county land area estimates come from the aforementioned Florida: Atlas of Historical County Boundaries and the population numbers come from the University of Michigan’s Interuniversity Consortium for Political and Social Research (ICPSR) database. The county tax rolls have the planter’s names as well as the number of acres and slaves they owned. Because Smith only selected for her book the planters who owned more than thirty slaves, and apparently did not select planters based on other criteria, there were certainly others listed in the tax rolls who owned fewer numbers of slaves or smaller plantations. However, owning thirty or more slaves and managing in some cases thousands of acres of plantation land was by no means inexpensive, so Smith has provided a list of wealthy planters not planters in general. Certainly there were poorer whites who owned a smaller number of slaves or none at all, but the census and planter owner records suggest a system reminiscent of feudal Europe, where most of the serfs were in allegiance with a small number of wealthy landowners. In this way, the slave-to-planter population is pyramid-shaped – a small number of wealthy planters owned most of the district’s slaves. 65 The analysis functions as follows: the planters were sorted by county, and within each county the number of slaves and acres were totaled. The Alachua County of 1860, for example, had 2,430 slaves working on a total of 79,514 acres. Dividing the number of slaves into the number of acres yields the proportion of slaves to acres. Dividing 79,514 by 2,430 yields 3.06 percent. In other words, each slave worked on average 3.06 percent of the land in Alachua County, although the obvious must be restated in saying that the number of slaves differed per plantation – they were not divided equally. The next step is to find the percentage of county land area worked by slaves – to do this, the total number of acres owned by planters is divided into the total county land area. For Alachua County, the 79,514 acres owned by planters in Smith’s list is divided into the 883,200 acres indicated as the county size as per the county land atlas to yield roughly nine percent that is, planters owned roughly nine percent of the total land inside the county. The step after that is to find the ratio of the number of slaves to the total land area inside the county, including both the land owned and not owned by said planters. For Alachua County, this means dividing the 2,430 slaves by 883,200 acres to yield 0.28 percent. In other words in an equal distribution of land per slave, each slave would work on average 0.28 percent of the total land area. The step after that is to find the ratio of the total population to the total land area within the county. For Alachua County, this means dividing 8,232 persons (the total, including whites, slaves and all others as per the ICPSR database) by the 883,200 acres to yield 0.93 percent - that is, is the land was divided equally for each person, he or she would have 0.93 percent of the total land to themselves. One finding is that the ratio of slaves to land and the percentage of county land worked by slaves vary proportionally to one another – that is, as the number of 66 slaves increases on all the plantations, so too does it increase in the county as a whole. It would not make sense otherwise. These simple arithmetic exercises are built into ratios of ratios, giving a metaanalysis. Some results appear, with the most striking results appearing in Leon County. By taking the previously computed ratio of the total county population and total county land area and dividing it into the previously computed ratio of the total county slaves and total county land area, a new ratio of total population to total slaves is derived. The two previous ratios share a common trait of total county land area, and just as with arithmetic, when one divides fractions with common denominators, the common denominators cancel out, leaving only the different terms. For Leon County’s case, the new ratio of total population to slaves is roughly 2.46. In other words, there were roughly 2.46 total persons to every one slave. As a hypothetical situation, if the total number of persons equaled the total number of slaves, with no other persons existing inside the county, then the ratio would be one person to one slave. Leon County has one of the smallest factors of total populations to slaves in all the Middle Florida district counties surveyed. What makes this remarkable is that it also has by far the highest percentage of county land worked by slaves – that is, the highest percentage expressed by the total number of owned acres divided by the total county land area, at roughly 31.29 percent. Leon County planters owned 31.29 percent of the total 435,200 acres within the county lines. The other surveyed counties have the same inverses of factors, but with smaller differences. A chart with all the counties surveyed follows. 67 County Plantation Acres Slaves Slaves to Acres Ratio County Land Area Percentage of County Land Worked by Slaves Slave to County Land Ratio Total Population (via ICPSR) Population to County Land Ratio Alachua 79,514 2,430 3.06% 883,200 9.00% 0.28% 8,232 0.93% Gadsden 74,464 1,994 2.68% 339,200 21.95% 0.59% 9,396 2.77% Hamilton 12,790 407 3.18% 332,800 3.84% 0.12% 4,154 1.25% Jackson 77,028 2,445 3.17% 608,000 12.67% 0.40% 10,209 1.68% Jefferson 106,728 3,441 3.22% 396,800 26.90% 0.87% 9,876 2.49% Lafayette 5,162 297 5.75% 819,200 0.63% 0.04% 2,068 0.25% 136,165 5,022 3.69% 435,200 31.29% 1.15% 12,343 2.84% Liberty 10,160 137 1.35% 544,000 1.87% 0.03% 1,457 0.27% Madison 51,445 1,713 3.33% 454,400 11.32% 0.38% 7,779 1.71% 27,133 1,017 3.75% 1,132,800 2.40% 0.09% 8,609 0.76% Leon Marion One final way remains to analyze Smith’s data. In the previous method, ratios of ratios were constructed to create a meta-analysis. This methodology is continued with the same data but with the additional step of building a new ratio of total county land area versus homicides, and planter-owner plantation acreage versus homicides – in effect determining the number of murders for which blacks are victims per unit of space in private and public hands. This may seem to be a strange way of analyzing the data: modern news broadcasts, for example, do not typically state the number of murders per neighborhood per acre. However, this new ratio yields a number of separate conclusions. To continue as before with Alachua County, there are three homicides for which the race of the victim has been verified as black from Denham’s homicide list. As repeated before, the list Denham has prepared has hundreds of entries, most of which do not list the race of victim or perpetrator – meaning that many more victims might be black – but there are three verifiably black homicide victims. Private planters owned 79,514 acres at the time surveyed in the tax rolls, so by diving the number of acres by the number of homicides – dividing 79,514 by three – the result is roughly 26,504.7. In other 68 words, there is one homicide where the victim is verifiably black per 26,504.7 acres of planter lands. The operation for Jackson County, as another example, is repeated – there are seven homicide victims whose race if definitely black, which when divided into the 77,028 acres held by planters, gives 11,004. In other words, there is one murder for which the victim is definitely black for every 11,004 acres. In Jackson County during this period, murders were more common per unit of area than Alachua, making Jackson County a statistically more dangerous place than other counties to live for blacks. This same exercise is repeated by dividing the number of verifiably black homicide victims into the number of total acres within a county, which includes both private and public lands. For Alachua County, the three black homicide victims are divided into the 883,200 acres of total land, giving 294,400. In other words, in Alachua County one black person was murdered for every 294,400 acres. For Jackson County, the seven black homicides are divided into the 608,000 acres, giving roughly 86,857.1. In other words, one black person was murdered for 86,857 acres. Here again, statistically speaking, Jackson County is a more dangerous place for blacks to live than in bordering counties. In the Border Peninsular analysis mode, where all counties in the Eastern, Southern and Western judicial districts are considered the ‘frontier,’ and only the Middle Florida judicial district is considered the Plantation Belt, the finding is again confirmed. The table for this analysis mode follows. 69 County Plantation Acres Slave Tally County Land Area 2,445 Slave to Acres Ratio 3.17% Total Pop. from ICPSR 10,209 Murders for Black Victims 608,000 Slave to Co. Land Ratio 0.40% Jackson 77,028 Marion 27,133 1,017 Alachua 79,514 Madison Liberty 7 Frontier Region 11,004.00 86,857.14 3.75% 1,132,800 0.09% 8,609 4 Frontier Region 6,783.25 283,200.00 2,430 3.06% 883,200 0.28% 8,232 3 Frontier Region 26,504.67 294,400.00 51,445 1,713 3.33% 454,400 0.38% 7,779 2 Plantation Belt 25,722.50 227,200.00 10,160 137 1.35% 544,000 0.03% 1,457 136,165 5,022 3.69% 435,200 1.15% 12,343 22,694.17 72,533.33 Lafayette 5,162 297 5.75% 819,200 0.04% 2,068 Jefferson 106,728 3,441 3.22% 396,800 0.87% 9,876 26,682.00 99,200.00 Hamilton 12,790 407 3.18% 332,800 0.12% 4,154 Gadsden 74,464 1,994 2.68% 339,200 0.59% 9,396 74,464.00 339,200.00 Leon Region Plantation Acres Per Homicide All County Land Per Homicide Plantation Belt 6 Plantation Belt Plantation Belt 4 Plantation Belt Plantation Belt 1 Plantation Belt Some counties do not have homicide counts, nor do they have ratios for plantation or public land holdings per homicide. This is because some of the counties Smith surveyed in her tax rolls do not have verifiably black homicide victim data available as per Denham’s list. The next subject of analysis is the Southern Frontier mode. This produces an anomalous result: due to the previously described methods of categorizing districts as the Plantation Belt or the frontier, as it happens, all the counties surveyed by Smith under the Southern Frontier mode fall into the plantation belt. Thus, one cannot compare to any 70 other counties which are in the frontier because no frontier counties exist. The chart is included for completeness’ sake. County Plant’n. Acres Slave Tally Jackson 77,028 2,445 Slave to Acres Ratio 3.17% Madison 51,445 1,713 Liberty 10,160 Total Pop. (ICPSR) Murders for Black Victims 608,000 Slave to Co. Land Ratio 0.40% 10,209 7 Plantation Belt 11,004.00 86,857.14 3.33% 454,400 0.38% 7,779 2 Plantation Belt 25,722.50 227,200.00 137 1.35% 544,000 0.03% 1,457 136,165 5,022 3.69% 435,200 1.15% 12,343 22,694.17 72,533.33 Lafayette 5,162 297 5.75% 819,200 0.04% 2,068 Jefferson 106,728 3,441 3.22% 396,800 0.87% 9,876 26,682.00 99,200.00 Hamilton 12,790 407 3.18% 332,800 0.12% 4,154 Gadsden 74,464 1,994 2.68% 339,200 0.59% 9,396 1 Plantation Belt 74,464.00 339,200.00 Marion 27,133 1,017 3.75% 1,132,800 0.09% 8,609 4 Plantation Belt 6,783.25 283,200.00 Alachua 79,514 2,430 3.06% 883,200 0.28% 8,232 3 Plantation Belt 26,504.67 294,400.00 Leon County Land Area Region Plantation Acres Per Homicide All County Land Per Homicide Plantation Belt 6 Plantation Belt Plantation Belt 4 Plantation Belt Plantation Belt 71 An Analysis of St. Paul’s Episcopal Church Burial Records St. Paul’s Episcopal Church has an interesting history that comes to us from Works Progress Administration surveys conducted in 1940. Within this institution remain the few surviving primary sources of information to be had from Key West during the period. The church was established, at least in spirit, in 1831 when the first mass of Episcopal congregants celebrated Christmas Day in the Monroe County courthouse. Although non-denomination religious services were held since Americans first settled there, it was only in 1831 that it became the first formal church established on Key West.64 The first church buildings were constructed in 1839, destroyed in 1846 by a hurricane, destroyed a second time in 1886 by a large fire that consumed “practically half of Key West,” and destroyed a third time by another hurricane in 1909. The church was built again in 1914.65 The reason this church history and burial data are included in the study is that it was most likely the first formal church established in Key West, and has existed in some form or another and kept detailed records of locals from the early 1830s until the present day, encompassing the whole period under study. St. Paul’s Episcopal Church burial records contained in the Monroe County Library vault indicate that there were 229 deaths from 1840 to 1861. As with other data of this era, and despite efforts scrutinizing the original documents while in the Monroe County public library vault in Key West, some The University of South Florida’s Center for Instructional Technology, “Exploring Florida Documents: Key West: Episcopal Church,” http://fcit.usf.edu/florida/docs/k/keys05.htm (accessed May 14, 2015). This page contains excerpts of Jefferson B. Browne’s book Key West: The Old and the New, published in 1912. 65 Florida Department of State Division of Library and Information Services, “Florida Memory – Saint Paul’s Episcopal Church,” https://www.floridamemory.com/items/show/250006?id=1 (accessed May 14, 2015). 64 72 data points are incomplete while a few entries have to be somewhat guessed at. Though not all of the deaths are of blacks, the records give both the race and the cause of death. Of the 229 death records, thirteen are of blacks. This does not mean that none of the remaining 229 people were non-blacks, for in many cases race was not noted. It is unclear if race by omission meant that the person was not black, or it simply meant that no one took the time to make mention. Of the thirteen blacks that are noted in the death record, only one died of unnatural causes that can be attributed to violence. Namely, this black person’s stated cause of death was “murder.” Of the remaining twelve blacks, all either died of natural causes (e.g., dysentery) or the cause of death was unknown. Known blacks comprise 5.7 percent of the entries. Of these blacks, one, or 7.7 percent died as a victim of violence. It is unclear if the homicide was racially motivated or not. Furthermore, since there were other deaths in Key West during this time period that was not recorded at St. Paul’s Episcopal Church, it is unclear if the percentage of blacks is representative of the entire population of Key West. Comparatively speaking, 5.7 percent of the Key West population being black is appreciably lower than the 11.8% black population as noted in the Florida homicide data used to contrast the violence against blacks in the two regions of Florida as denoted herein. It is counterintuitive that Key West, being a haven for blacks given the practical protection from the U.S. Navy garrison and northern laws, that the violence against blacks therein is so much greater than in the slave-holding areas of the state. Unlike other cities where free blacks could be found in large numbers, such as Pensacola, they did not benefit from Federal naval protection. Key West, therefore, represents a useful, but complex, case study of anti-black violence in Florida’s antebellum era. Even so, the 73 records at St. Paul’s suggest that Key West perhaps reflected other racially fomented violence in the geographically diverse State of Florida. It is possible that the key island offered a conducive climate for violence of all sorts against both races. 74 An Analysis of Escambia County Court Records Escambia County merits analysis on its own because, as mentioned previously, county superior and circuit court minutes are available without any gaps for the antebellum period.66 No other county has such a complete record collection. Situated at the far western edge of the state, bordering Alabama to the east and north, Escambia County existed in the Western Judicial district during the period under review. Like other counties, Escambia County was, indeed, violent, but because a complete picture exists of criminal court records, statistical extrapolations, at least for the county alone, are no longer necessary. In fact, the presence of all the court records, as well as newspapers, bulletins, and so forth, further underscores the tragicomedy that was law enforcement in antebellum Florida. Another noteworthy point is that at least in the 1840 and 1850 national censuses, Escambia had the second highest numbers of free blacks in the Territory and State, surpassed only by Monroe County (specifically Key West) in 1860. According to the Historical Census Browser, in 1840 Escambia County had 307, in 1850 it had 375, and in 1860 it had 153, surpassed only by Monroe County at 160. The largest and only city during the period in the county was Pensacola. It was one of only a few large notable on the peninsula. In his article Crime and Punishment in Antebellum Pensacola, Denham describes the overall state of law enforcement and justice as “haphazard, underfunded, inefficient, uneven and reflective of an honor-bound frontierlike society.”67 James M. Denham, “Crime and Punishment in Antebellum Pensacola,” Florida Historical Quarterly 90, no. 1 (Summer 2011): 14. 67 Ibid., 33. 66 75 For a general picture between 1822 and 1866, records show that 309 persons were indicted for crime violent crime – thirty-six for murder, 231 for assault and battery, and thirty-nine for assault with intent to kill. Of those charged, only 126 were convicted.68 Denham also points out those convictions in Escambia County, like other places, ebbed and flowed with the wishes and whims of sheriffs and prosecuting attorneys. In total, the county indicted 292 whites for crimes against public order and morality with only seventy-eight convicted, with seventy-two found not guilty, and 142 simply disappeared from the docket.69 Of the 745 total cases 340 did not reach a verdict.70 While Denham does not specify why there were docket disappearances, it could be that some cases were simply dropped due to an overworked court system and the practice at the time was to simply not list the parties once the case was dropped. With regard to violence against blacks, they suffered violence not only from bandits and slave-owners, but also from the court system. Like everywhere, blacks were sometimes murdered, but due to entrenched racial attitudes, blacks found assaulting each other would face a lesser penalty than if a black person assaulted a white person. The penalty in the latter scenario was death, but instead of that blacks could have their ears nailed to a post for one hour or receive thirty-nine lashes if the court thought it prudent.71 It does not appear that the person in question had any choice over their punishment. 68 Ibid., 22. Ibid., 33. 70 Ibid., 33. Note that all crimes from Escambia County reported herein come from the Escambia County Court Minute Books, and are also contained in chart form in Denham’s A Rogue’s Paradise: Crime and Punishment in Antebellum Florida 18211861, 233-236. 71 Ibid., 25. 69 76 County court records show that four blacks were indicted for murder, three for assault and battery, and three were charged in rapes.72 Escambia County residents might have found humor in their violent circumstances. In 1839, Pensacola had built its own city jail, but like the others in the state it was inadequate in holding anyone captive for long. Julius Cowles and his accomplice simply named Dickinson escaped via using false keys. In 1845, accused murdered John Branch escaped using an auger to cut away the part of the door holding the lock.73 An auger is a device, normally used in woodworking, to drill holes. It usually has a metal drilling portion and a handle on one end to allow rotation, thus drilling the hole. The Pensacola Democrat on January 30, 1846 reported that Branch’s drilling with the auger took place over several hours and was very loud, but apparently no one was close enough to hear it or notice the prolonged drilling, so Branch was not apprehended.74 Perhaps because the seemingly arbitrary wins and losses players faced when gambling mirrored their capricious existences in daily life, gambling proved enormously popular both for persons betting and persons prosecuting. Gambling was considered a crime against public order in this period both in Escambia County and elsewhere, however, gamblers risked little in terms of fines and other punishments when plying their games, only somewhat less so for gambling house proprietors. Throughout the whole period, there were only sixteen convictions both for gambling and keeping a gambling establishment.75 While the article does not describe the races of either gamblers or gambling house proprietors, it is a safe assumption that proprietors were probably white, 72 Ibid., 26. Ibid., 29. 74 Denham, “Antebellum Pensacola,” 21. 75 Ibid., 31. 73 77 given the difficulty blacks faced while participating in the economy. Escambia County, like every other place in Florida, was host to violence crimes against blacks and others, but stands out because it was host to the one of the larger settlements of Pensacola, which along with Key West had a large number of blacks both enslaved and free, and because the records of Escambia County, unlike every other county during this time period, are complete – there are no gaps in the so-called paper trail, but persons nevertheless go missing. This allows for an exceptionally clear lens through which to analyze the causes and outcomes of violence against blacks in a frontier county and works as part of the state history form an overall picture of life during this period. 78 Conclusion: The Complex History of Florida Homicides against blacks as a percentage of verified anti-black crimes were higher in the defined “frontier” regions, and they all were on the decline until the onset of the Civil War, with the exception of the 1860 census year for the southern frontier analysis portion. As concluded earlier in this study, this was due to mass emigration patterns. While violence could be found in all corners of the state, it was more probable that blacks would be killed on the open frontier. This is a reasonable conclusion as on the frontier, there were wider, open spaces and thus more places for criminals to hide and avoid capture as a consequence in part of poor law enforcement and mob violence. Another point is that as time moved on, the averages also fall, indicating a general decline in violence. What caused this trend is unclear – it may have to do with an increasingly effective justice system – by the outbreak of Civil War, funding for jails and courts had increased substantially. In all cases, the frontier region had higher numbers of black victims. This study has attempted to answer questions by providing several modes of analyses, one qualitative (the historical occurrences) the other quantitative (the data analyses), and while both the Plantation Belt and the frontier regions visited violence on blacks, it was the frontier with its unregulated wide open spaces, long desolate roads, and vast tracts of wilderness that likely made crime worse than in Middle Florida. None of this is to say that Middle Florida, or the other districts were bastions of freedom – on the contrary, slavery was reminiscent (and deliberately modeled after) the large plantations of the “Old South.” However, is statistically valid to say that a slave could expect to live a less violent life inside the plantations than on the peninsula. 79 Aside from the numeric analyses, it is important to attempt to explain why the Florida peninsula was so violent from a psychological perspective. We revisit Prof. Denham’s question he posited in his book review of A Festival of Violence: was lynching the result of mixing extreme poverty, racism, political demagoguery, and above all, the grisly heritage of southern violence? We could expand this question beyond lynching and include all other forms of violence as well, and the answer would still be complex. Denham offers a theory for the general lack of civility on the frontier; he finds four conditions on which law and order are preserved: a government able to impose said law and order, this government is recognized as legitimate, there is societal solidarity and there is a legitimate social hierarchy.1 Certainly, Denham proves that until the early twentieth century the Florida government was all but useless in creating or maintaining a peaceful environment; this was instead left to personal luck and tenacity. This severely impacted the second condition – a government unable to keep the peace was ignored in other matters as well – this would explain the flouting of laws in Eastern Florida, notwithstanding the political connections the wealthy planters had. The condition of societal solidarity is difficult to answer, and it is tempting to write this off as a negative as well, because of the envy the poor whites had of the wealthier whites, and hatred the slaves had for everyone else, including to a lesser extent free blacks. However, the perverse economic opportunities created by such a system for both whites and blacks would prompt them to defend such a system and make it work, despite the high human toll. If “legitimate” is defined as anchored in morals, there was no legitimate social hierarchy: the social hierarchy was predicated upon predation and terror; 1 Denham and Roth, Why was Antebellum Florida Murderous, 231. 80 even in such bastions of near-freedom such as Key West or quasi-freedom when living with the Seminoles, there was always the peripheral fear of invasions, robberies, and the like from the sundry miscreants on the peninsula. The frontier was more dangerous because of the various intersecting social, political and economic forces at work, causing the horrors visited upon people during this period under study. For every white slave owner that whipped his slave, there was a planter who gave cash as gifts and allowed his slaves to worship where they pleased. The most important task for a slave owner, other than turning a profit, was to make sure slaves did not escape. This was often not the case, and the Gambles of Florida in particular wondered in writing, in episodes of perverse paternalism, to what extent to give their slaves freedom versus punishment.2 It was necessary to make it obvious to the slaves one owned, and to other whites around the estate that one was good at caring for slaves so that they were judged in the best way possible. The frontier was a violent place, more so than the plantations, because of a variety of groups coming together to rectify what they saw as social and societal ills, with the added impetus of restoring honor. On the plantations, the racism that lay at the root of such places was tempered by cold economics; violence was tempered in some cases with the urge to protect human “investments.” In the middle of the mayhem were blacks who were either on sanctioned travel, escaping from their owners, fighting for the Seminoles or the Union armies, or out hunting for food, it has been shown that the frontier was a vast and dangerous place, one that by simply eking out a living was exceptionally dangerous. Life for blacks was never ideal in any place, and if complete freedom is not an 2 Rivers, Slavery in Florida, 43, 92, 147. 81 option as it was not for most until after the end of the Civil War, it would be better by an appreciable margin to live inside the plantation belt, for one might expect the planters in some instances to protect their property. Other questions remain. Irvin D. S. Winsboro points out that more work needs to be done to illuminate the relationship between blacks and Seminoles in Territorial and State Florida, particularly with regard to political and familial links.3 Additional analysis, both numeric and qualitative, is necessary for the war records for African American Union soldiers in Florida.4 More numerical data could exist yet undiscovered, bringing the period into a sharper focus. As William Mack indicates in his master’s thesis, a study focusing on Civil War era Key West remains to be written.5 Indeed, Key West is only given scant attention in the literature, usually to point out its status as a population center and bastion of freedom. Baptist and Harris do great work analyzing nineteenth century newspapers from a numeric standpoint, but such a collection might be mined for information on social and political institutions of the time. This study suggests that antebellum Florida was a violent place – crime and predation were facts of life in that time. But what has also been shown is that despite the “peculiar institution’s” inherent immorality and cruelty, despite the slave-owner’s mercurial personalities, despite the rumors and real accounts of plantation torture, a black person could expect to live longer on a plantation than on the frontier. Irvin D. S. Winsboro, ed., Florida’s Freedom Struggle: The Black Experience from Colonial Times to the New Millennium (Cocoa: Florida Historical Society Press, 2010), 65. 4 Irvin D. S. Winsboro, “Give Them Their Due: A Reassessment of African Americans and Union Military Service in Florida During the Civil War,” The Journal of African American History 92, no. 3 (Summer 2007): 328. 5 William Mack, “Desperado Coast: Florida’s Civil War Along the Lower Gulf Coast, 1861-1865” (master’s thesis, Florida Gulf Coast University, 2010), xi. 3 82 And yet slaves escaped – countless times. They chose the frontier wilds and the dangers therein, knowing full well that they might be robbed, murdered or sold back into slavery to face terrible punishments thereafter. It would seem that blacks equated their bondage with a living death – life without that which makes life worth living – and would risk all to escape. But, as the data analysis in this study indicate, frontier Florida and Peninsular Florida could at once in the antebellum period be places of personal promise and, predictably, great violence. It is hoped that this study brings the nature of this phenomenon in Florida’s past into greater detail, and provides a springboard for future studies based on the methodology here and the examination of new historical sources on this subject. 83 Appendix A: Border Peninsular Section Author’s Constructed Data Border Peninsular Table District Region Eastern Frontier Region Middle Plantation Belt Southern Frontier Region Western Frontier Region Border Peninsular Categorization Region County District Frontier Region ALACHUA Eastern Frontier Region BRADFORD/NEW RIVE Eastern Frontier Region BREVARD/ST LUCIE Southern Frontier Region CALHOUN Western Frontier Region CLAY Eastern Frontier Region COLUMBIA Eastern Frontier Region DADE Southern Frontier Region DUVAL Eastern Frontier Region ESCAMBIA Western Plantation Belt FRANKLIN Middle Plantation Belt GADSDEN Middle Plantation Belt HAMILTON Middle Frontier Region HERNANDO/BENTON Southern Frontier Region HILLSBOROUGH Southern Frontier Region HOLMES Western Frontier Region JACKSON Western Plantation Belt JEFFERSON Middle Plantation Belt LAFAYETTE Middle Plantation Belt LEON Middle Frontier Region LEVY Eastern Plantation Belt LIBERTY Middle Plantation Belt MADISON Middle Frontier Region MANATEE Southern Frontier Region MARION Eastern 84 Border Peninsular Categorization Region County District Frontier Region MONROE Southern Frontier Region MONROE-DADE Southern Frontier Region NASSAU Eastern Frontier Region ORANGE/MOSQUITO Eastern Frontier Region PUTNAM Eastern Frontier Region SANTA ROSA Western Frontier Region ST JOHNS Eastern Frontier Region SUMTER Eastern Frontier Region SUWANNEE Eastern Plantation Belt TAYLOR Middle Frontier Region VOLUSIA Eastern Plantation Belt WAKULLA Middle Frontier Region WALTON Western Frontier Region WASHINGTON Western 85 Appendix B: Southern Frontier Section Author’s Constructed Data Southern Frontier District Region Eastern Plantation Belt Middle Plantation Belt Southern Frontier Region Western Plantation Belt Southern Frontier Categorization Region County District Plantation Belt ALACHUA Eastern Plantation Belt BRADFORD/NEW RIVE Eastern Frontier Region BREVARD/ST LUCIE Southern Plantation Belt CALHOUN Western Plantation Belt CLAY Eastern Plantation Belt COLUMBIA Eastern Frontier Region DADE Southern Plantation Belt DUVAL Eastern Plantation Belt ESCAMBIA Western Plantation Belt FRANKLIN Middle Plantation Belt GADSDEN Middle Plantation Belt HAMILTON Middle Frontier Region HERNANDO/BENTON Southern Frontier Region HILLSBOROUGH Southern Plantation Belt HOLMES Western Plantation Belt JACKSON Western Plantation Belt JEFFERSON Middle Plantation Belt LAFAYETTE Middle Plantation Belt LEON Middle Plantation Belt LEVY Eastern Plantation Belt LIBERTY Middle Plantation Belt MADISON Middle Frontier Region MANATEE Southern Plantation Belt MARION Eastern 86 Southern Frontier Categorization Region County District Frontier Region MONROE Southern Frontier Region MONROE-DADE Southern Plantation Belt NASSAU Eastern Plantation Belt ORANGE/MOSQUITO Eastern Plantation Belt PUTNAM Eastern Plantation Belt SANTA ROSA Western Plantation Belt ST JOHNS Eastern Plantation Belt SUMTER Eastern Plantation Belt SUWANNEE Eastern Plantation Belt TAYLOR Middle Plantation Belt VOLUSIA Eastern Plantation Belt WAKULLA Middle Plantation Belt WALTON Western Plantation Belt WASHINGTON Western 87 Appendix C: St. Paul’s Episcopal Church Burial List Name Age Date of Death 5 Feb 1850 Burial Location Public Ground Cause of Death Consumption Baltimore Records show in Barracks Cemetery Somerville Passed Midahipman 25y Filor Inmagina Filer Fredrick 19months/old 18months 2 May 1845 26 Feb 1853 Public Ground Maloney Mary E. Cash Francis S. Low Eliza 38y 1 Feb 1855 Public Ground teething key West Dropsy Nassau 15 months 30y 1 Feb 1860 1 July 1848 Cemetery Public Ground Doyle 3y 1 June 1849 Barracks III fr Birth N.Y. Child of Sargt. Doyle Schueltz Emanuel 24y 1 June 1854 Gover Mr. 50y 1 May 1854 Public Ground Low Mary Eliza Adams Wm. V. 2y 1 Oct 1858 Cemetery 27y 10 Aug 1848 Huff Richard 21y 10 Aug 1849 Public Group Childbed N.H. Barracks Schmencker C.H. Sentas Bartolo 40y 10 Jan 1860 Cemetery 48y 10 June 1853 Public Ground Tift Soloma Holford John 75y 37y 10 June 1860 10 May 1854 Public Ground Unk Childbed Bahamas Is Yellow Fever Switz. Hospital Steward Yellow Fever England Sail maker Yellow Fever Unk Accessed Liver Canada Soldier Dysentery Contacted in Mexico Unk Unknown Mahon Grocer Death Reported Yellow Fever Germany Seaman's Hotel 88 Smith Ada Louise Silvina Angela Gooch Mr 13months 10 Sept 1860 1y 45y 10 Sept. 1849 11 April 1853 Cemetery 36y 11 April 1858 11 Feb 1845 2y 11 Feb 1853 Public Ground Low? Augustus 24y 11 Jan 1857 Cemetery Ellen 15y 11 July 1858 Cemetery Palmer Jerrold 45y 11 Mar 1854 Public Ground Barker mr 40y 11 May 1854 Public ground Abrune Harry 11 May 1856 Public Cemetery Knapp Emily L. 4y 11 Sept 1848 Public Ground Low Peter 6months 11 Sept 1848 Public Ground 4 days 12 April 1845 12 Dec 1856 Cemetery Clarke Emily Florence Ben 1y 12 Feb 1851 Cemetery 25y 12 Feb 1858 Cemetery Page Edwin Lowe Euphemia Mitchel John Alex(Black) Thomson Crawford 46y 3y 12 Feb 1861 12 Jan 1858 Cemetery Cemetery 17months 12 Mar 1854 Public Ground 36y 12 Mar 1856 Public Cemetery Child 12 Mar 1861 12 May 1856 Cemetery Cemetery Brown Fort Williamson J.H.Dr. Baker Brace Peter Frajim? E. Tomey Joseph Porter Frances Mr Geiger's yard Church Yard South Beach Unk Dysentery Consumption England Seaman Unk Unknown Key West Dau. Of Wm. Baker Consumption Phila. Seaman Unk Servant A. Patterson Intemperance Conn. Seaman Yellow Fever R.I. Seaman Consumption Unknown from the North Worms Tallahassee Puny fr Birth Key West Unknown Key West Black Dysentery England Accident Unk Servant of Jas. Filor Unk Fever Key West Convulsions Key West Drowned England Found Drowned Congestion of 89 Saylor Johnson Tyrell 25y 12 Nov 1848 Public ground Jaffery Wm. John Noyes Dennison Lumley Ada Ann Mary Jane 29y 12 Sept 1848 Public Ground 33y 13 Dec 1859 Cemetery Infant 13 Mar 1851 Methodist Yard Infant 13 Nov 1849 Public Ground Jones Leorende Unknown 43y 30y 14 April 1859 14 July 1852 Cemetery Public Ground Fernando Wn. 9months 14 July 1860 Cemetery Rivers John 31y 14 Mar 1854 Public Ground Thomson Crawford Mrs. Tift Morris Wheeler Lowe Priscilla Ann Hough S.J. 40y 14 May 1849 Public Ground Infant 14 May 1854 Public Ground 2y 14 Nov 1858 Cemetery 22y 15 Dec 1856 Cemetery Adams Samuel 2y 15 Dec 1857 James W. Pugh Thos. F. 30y 15 Jan 1857 15 Mar 1854 Fever Key West Cemetery Ala. Tehre 16y 15 May 1854 Public Ground Adams Mary Stow Amos 8months 40y 15 May 1858 15 Sept 1858 Cemetery Cemetery Lung Unknown Accessed Liver Penn. Seaman Brought down reef to Hospital Rupture of the Heart England Yellow Fever Unk Dysentery Key West Dysentery Jacksonville Black Unk Charges Fever New York Engineer came in sick on Philadelphia Unk Servant of Mr Boyle Dysentery Georgia Methodist Preacher Dropsy N.Y. Yellow Fever Key West Unk Key Yellow Fever York Pa. Coast Survey Dept. Consumption Consumption Ala. Physician Yellow Fever Germany Seaman's Hotel Unk Yellow Fever 90 16 Dec 1856 Cemetery 16 July 1852 Public Ground Unknown 16 July 1852 Public Ground Chan B.B. 16 Jun 1858 Cemetery 36y 16 June 1854 Public Ground Bron Alexander Lucy 13y 16 May 1858 16 May 1859 Cemetery Cemetery Russell Benjamin Mrs. Whitcher Maguret Mears Richard W. Cameron Ellen Ann Sanderson Samuel Neais Majdron Leora Clapp Theodore Greenwood Fragot George 30y 17 April 1854 Public Ground 36y 17 April 1858 Cemetery Boston Childbirth Bahamas Fever Came in sick from Steamer Philadelphia Fever: Came in sick from Philadelphia Consumption Unk N.Y.Pilot Yellow fever Ireland Soldier Wife Ink Unk Servant of Mr s Fontane Childbed Bahamas Unk 15months 17 Aug 1848 Public Ground Key West Apoplexy N.C. Mariner Teething Key West Teething Mas. Canfield Hennrietta Unknown Murphy Jane 21y 17 Feb 1845 62y 17 Feb 1848 8months 17 Feb 1858 Methodist Ground Cemetery 15 months 17 Feb. 1853 Sent North 28y 17 May 1851 U.S. Barracks Kelly Victor Wellington How Charles Mrs. William Geo.T. 3y 17 May 1854 Public Ground 45y 17 Nov 1853 Public Ground 10months 17 Oct 1848 Near Hospital Casso 40y 17 Oct 1851 Salt Pond Dropsy Virginia Slave from Ala. Dysentery Yorkshire Soldier & Englishman Yellow Fever Key West Yellow Fever Conn. Dysentery Key West 91 Ferguson John 25y 17 Oct 1852 Public Ground Folker Edwin A. Greeen Emma 28y 18 April 1852 Salt Ponds 2y 18 Aug 1852 Public Ground Low Matthew 80y 18 Feb 1855 Public Ground Wood Chas.Bentley Catherine 2y 18 July 1848 Public Ground 18 Jun 1859 Cemetery 18 nov 1856 Cemetery Bennot James Fever Unknown From Mail boat Bound to Cuba Consumption S.C. Merchant Fever Key West Servant Old Age Bahamas Dysentery Miami Unk Servant of Mrs. Hichs Drowned Mystic Cn Seaman Dysentery &Consum. Georgia Black Disease Brought fr Jacksonville Unk Agustina 35y 18 Sept. 1849 Public Ground Lowe George Arlen Tift Cora Nelly 13months 19 Dec 1859 Cemetery 2y 19 May 1854 Public Ground Johnson Henry 32y 19 Nov 1848 Public Ground Richardson Geo. 5y 19 Oct 1848 Public ground Marvin Sarah 70y 2 April 1848 Roberts John 40y 2 Dec 1850 Removed to N.Y. Public Ground Bethel Susan Mary 25y 2 Dec 1853 Seely Sarah D. 33y 2 Feb 1857 Mr Bs" Yard Liver Complaint Key West Cemetery Pent James Edscard Richardson 1y 2 July 1858 Cemetery Consumption Ohio Wife of Dr. Seely Unk 2 July 1861 U.S. Barracks Unk Co D 2nd Yellow Fever Key West Intemperance N. J. Carpenter Drowned Key West Said to be Its Child Drowned KW Dysentery N.Y. Cancer of Face Nassau Black 92 Robt. Happy Jack Johnson Joseph Clarence Browne Fielding U.S.C.I. Unk Unk 60y 15 days 2 May 1858 2 May 1858 Cemetery Cemetery 60y 2 Nov 1851 Church Yard Hatch 50y 2 Sept 1858 Cemetery Swyer Charlotte Jane Child of Grace 9months 2 Sept 1858 Cemetery Infant 20 Aug 1850 Public Ground Forbes Mr alias Toilson 25y 20 Aug 1850 Public Ground SmithHeso 18y 20 Dec 1856 Saunders Perry 1y 20 Jan 1851 Public ground Ogden George Henry Russell Ann Eliza Tift Ann 8days 20 Jan 1859 Cemetery 4y 20 Mar 1854 Public Ground 20y 20 May 1854 Public Ground Amanda 20 Oct 1061 South Beach Ogden Sophie Mrs. Porter Mary Ann Mrs. Unknown 21 Aug 1860 Cemetery Fever& Worms Key West Yellow Fever S.C. Wife of A.F. Tift Unk Servant of Wm. C. Dennis Unk 33y 21 Aug 1860 Cemetery Unk 8 days 21 Feb 1857 Cemetery 16months 21 July 1851 Public Ground 20y 21 Mar 1848 Public Ground Convulsion Key West Infant of Servant of H. Benner Teething Key West Fever & Conj. Brain. S.C. Preston Wm Tracker Folker Sarah Ann Inflammation Bladder Virginia Merchant Yellow Fever Unk Unk Unknown Key West Black fever Ile of Man came wounded with Cuban Expedition Yellow Fever Unknown Soldier Teething Bahamas Unk 93 Filer Fredrick Lowe John Alexander George Infant Smith Maria Christina Abigale McNamara Mary Euphemias Clapp Britton 5y 75y 21 May 1859 21 Nov 1858 21 Oct 1849 Cemetery Cemetery Public Ground Unk Unk Dysentery Jacksonil Black Bowel Complaint Key West Unk Servant of Mrs. Hichs Unk Key West Son of J.Filor Unk Servant of Mrs. Whalton Unk 22 Feb 1845 32day 22 Mar 1856 Public Cemetery 4y 22 mar 1858 Mass. Filor William 1day 22 Mar 1860 Cemetery Faustina 3y 23 Jan 1859 Cemetery Smith James William Scarrit J.M. Capt. 2months 23 Jan 1860 Cemetery 37y 23 June 1853 Barracks Wagner Sargt. 26y 23 May 1852 Ramon 2months 23 Oct 1851 Public Ground Wallace William 25y 23 Sept 1852 South Beach Grover James 30y 234 Nov 1853 Public Ground Child Unnamed Swyer Benjamin Stillborn 52y 24 Aug 1848 24 Dec 1856 Public Ground Cemetery 24 Dec 1858 Cemetery Johnson J. A. Dr.. Denman Alex infant 24 June 1852 Church Yard Hopkins L.A. 32y 24 Mar 1848 Methodist Ground Yellow Fever N.H. USA Army Drowned Georgia U.S. Army Unknown Key West Spanish Child Yellow Fever Dublin Brought down from the Reef Yellow Fever England Sail maker Key West Delirious Tremens Mystic Cn Unk Teething Tallahassee Consumption Nashua N.H Landlord 94 Corris John Brenigton John J. Fashold? Adam(Black) Johnson Andrew Nichols Richie James F. 36y 24 Mar 1861 Cemetery Consumption Unknown From the North Unk 23y 25 Dec 1856 Cemetery Murder Fl. 2y 25 Dec 1859 Cemetery Unk 50y 25 Feb 1859 Cemetery Motley Kate Howard Ranger Ann 10days 25 Feb. 1860 Cemetery Unk New Orleans Unk 30y 25 Jan 1855 Public Ground Rosalee 2y 25 July 1860 Cemetery 6weeks 25 Mar 1845 25 Nov 1858 Of Nassau Cemetery 29y 25 Nov 1858 Cemetery 96y 26 April 1854 Public Ground Guptill Thos. Capt. 38y 26 Aug 1852 Chloe 5 days 26 Dec 1858 Cemetery Jane Elizabeth Infant 26 Feb 1851 Public Ground Russell William 1months 26 Jan 1855 Public ground Ximinez Fannie 14y 27 Dec 1854 Public Ground Lightbourne Euphemia C. Knowles 17months 27 Oct 1858 Cemetery Yellow fever Unk Dysentery Bahamas Seaman Yellow Fever Maine Came in Sick from?/Mariner Unk Key West Servant of Mrs. Porter Convulsions Key West Elizabeth Servant of Mrs. Morris Spasm Key West Heart Disease Key West Servant Unk 10months 28 April 1854 Public Ground Unknown Key Edwards Lydia Albury Catherine Livintons Cornelius Knowles Mr 24 Mar 1856 Public Cemetery Typhoid Fever Bahamas Unk Servant of Mr Shaw Unk 95 Joseph Alex Mc Intyre Donald Lloyd Mary Ann Mrs. Westcott George Clinton Cameron William Shannon John West Black 35y 28 Feb 1845 30y 28 Feb 1859 Cemetery Unk 6months 28 Feb 1859 Cemetery Unk Son of Lt Westcott USN Apoplexy Mass. Seaman Unk Drowned Unk Spanish Consul 28 Jan 1845 55y 28 Jan 1855 Public Ground Nichols Warren Salas Y Qumoja Jose Mani Needham James 34y 28 Jan 1861 28 July 1858 Cemetery Cemetery 15y 28 Jun 1848 Public Ground Seville Maria(Black) L"Engle Anna Infant 28 Mar 1854 Public Ground 1day 28 Mar 1855 Public Ground Porter Mr 22y 28 May 1854 Public Ground Farrar? Joseph Infant 28 May 1857 Cemetery Fontane Philip J. Adams Thomas Guy Charles Edward Marshall Charles Lawrence Horce Low Edwin Caroline 50y 29 Aug 1858 Cemetery 4months 29 Aug 1860 29 Dec 1856 Cemetery Cemetery 25y 29 Jan 1860 Cemetery 39y 29 Sept 1851 Barracks 19months 37y 3 Dec 1857 3 Feb 1860 Cemetery Cemetery Albury Geo. Albert Clarke Silas 2y 3 Jan 1858 Cemetery 44y 3 Nov 1849 Yellow Fever Ireland Sailor Brought in Vessel Unknown Key West Prem. Birth Key West Yellow Fever N.Y. Teacher of the Public School Unk West Infant of Mr Farrar Unk Unk Unknown Key West Black Unk Apoplexy N.Y.Clerk Liver Key West Unk Servant of A. Patterson Fever Key West Maine Fever 96 Cant. 57y 70y 3 Nov 1858 3 Oct 1848 Cemetery Public Ground Sweetin George 68y 3 Oct 1851 Public Ground Stables Henry F 32y 3 Oct 1858 Cemetery Doyle Mrs. 45y 3 Sept 1849 Barracks Manley 28y 30 April 1850 Beach Albury William Edgar Smith Charles 10months 30 June 1852 Public Ground 62y 30 June 1852 South Beach Smith Mary Jane Roberts Sarah Ann Skelton John 9months 30 June 1860 Cemetery Congestive Maine Body Removed toME Unk Inflame. Of Bladder Baltimore Dysentery Bristol Sailor Yellow Fever Unk Died on Schr. At Sea Dysentery Washington Camp Woman Consumption E. Indies Teething Key West Old Age New york Seaman Unk 12y 4 April 1858 Cemetery Unk 66y 4 Feb 1857 Cemetery Green Franklin V. Manuel 5y 4 Feb 1858 Cemetery Hernia Bahamas Unk Key West 50y 4 June 1848 Public Ground Evans Peter 65y 4 June 1851 South Beach Haurew Capt. 50y 4 June 1851 Public Ground Schonliever Charles McKay Peter Ball Sarah 22y 4 Nov 1858 U.S. Barracks Russell Mary Ellen 29y Arnou James Tate Thomas about50y 4 Nov 1860 70 5 Aug 1851 5 Jan 1860 Marine hospital Public Ground Cemetery Internal Injuries Portugal Mulatto & Laborer Old Age Scotland Sailor Casualty England Mariner Yellow fever Unk Unk Old Age Virginia Widow Unk 97 Bethel Mr. 85y 5 Nov 1848 Public Ground Regan Jeremiah 28y Osborn Samuel 41y 5 Nov 1860 5 Sept 1858 U.S. Barracks Cemetery Bethel Cornelius Fourment Baldwin Sarah 5y 14 July 1854 Public Ground 60y 6 April 1848 Public Ground Tehre Mrs. 45y 6 April 1854 Public Grounds Benner Fanny 46y 6 Jan 1853 Boston Roberts Emily Eliza Egan Mrs. 16y 6 July 1857 Cemetery 80y 6 July1853 Public Ground Watlington Mrs. Harris Eliza Low Lucinda 68y 6 Mar 1848 16y 17y 6 Mar 1850 6 May 1857 Methodist Ground Public Ground Cemetery William Unknown 1week 6 Oct 1849 7 April 1854 Public Ground Public Ground McDonald Constance 19y 7 April 1857 Cemetery Cesar Joseph 2y 7 Aug 1849 Public Ground Fletcher James Walton 12y 7 Dec 1850 Public ground Wells Charles Moore Thomson Mary 58y 7 Feb 1857 Cemetery 44y 7 Jan 1860 Cemetery Dysentery Bahamas Wrecker Unk Unk N.Y. Died Suddenly al Sea Abcess in the Jaw Key West Old Age Halifax NS Yellow Fever Germany Samos on Island Paralysis Maine Strange Boston Childbirth Key West Dropsy & Old Age N. C. Old Age St Croix Fever Bahamas Unk Daughter of Gideon Low Lock Jaw Black Yellow fever England Seaman form Steamer Isabel Tumor Unk Wife of McDonald Convulsions Key West Black Poison Berries Key West Poisoned by Berries of the Island Consumption Phila.Pa. Unk 98 Ann Curry Benjamin 73y Saunders Elizabeth Olford Alfred 1y 7 Mar 1861 7 May 1858 Cemetery Cemetery Unk Unk 7 Nov 1852 Public Ground Goddard Mary Ann Randolph Julia 39y 7 Nov 1853 Public Ground 2y 7 Nov 1856 Cemetery Pent Clara Rebecca Diane 1y 7 Sept 1858 Cemetery 8 Jan 1859 Cemetery Smith Josua B. 24y 8 June 1854 Public Ground Farrar joseph Browne Fielding Armors Knowles Mary Elizabeth Kemp 40y 8 June 1859 8 Mar 1845 Cemetery Unknown Key West Yellow Fever Milton Eng. Congestion of Brain Unknown Daughter of Lt. Randolph Yellow Fever Unk Unk Servant of Winner Bethel Yellow Fever Conn. Carpenter Unk 4y 8 May 1858 Cemetery Unk 15months 8 Sept 1851 Hubbard E.H. 28y 8 Sept 1854 Mr Kemps Garden U.S. Barracks Baibers Frank 25y 9 April 1854 Public Ground Douglas Thomas Brown Ranger Chas Edward Leicester Charles 1y 9 Dec 1852 Tallahassee 10months 9 Feb 1855 Public Ground 2y 9 June 1854 Public Ground Pitcher Filor Laura Infant Jan 1861 Cemetery Dysentery Key West Yellow Fever Mass. Soldier Yellow Fever Ala. Physician Dysentery Tallahassee Teething Key West Convulsions Key West Died at Tortugas Unk 99 Appendix D: Judicial District Maps N.B.: This appendix contains scanned copies of the judicial district maps from Professor James Denham’s book A Rogue's Paradise: Crime and Punishment in Antebellum Florida, 1821-1861. They are used with permission from the University of Alabama Press. These maps are found on pages thirty-nine, forty-four, forty-nine, and fifty-five, respectively. This picture represents the Western Judicial District, circa 1850-1860. 100 This picture represents the Middle Judicial District, circa 1850-1860. 101 This picture represents the Eastern Judicial District, circa 1850-1860. 102 This picture represents the Southern Judicial District, circa 1850-1860. 103 Bibliography I. Primary Sources Books Federal Writer’s Project Florida. Florida Narratives. Edited by George P. Rawick. Westport, Connecticut: Greenwood Publishing Company, 1972. N.B.: Both the newspapers and state documents in this primary source section comprise the majority of the homicide records Dr. James Denham has prepared and given to the Ohio State University Criminal Justice and Research Center. Newspapers Apalachicola Commercial Advertiser Cedar Keys Telegraph Fernandina East Florida Herald Florida Herald Florida News Florida Sentinel Florida Whig Floridian & Journal Frontier Republican (Jacksonville) Jacksonville Florida News Jacksonville Florida Times-Union Jacksonville News Jacksonville Standard Key West Enquirer Key West Gazette Marianna Florida Whig New York Times New York Tribune Newnansville Dispatch (Alachua) Newport Gazette Newport Wakilla Times Niles National Register Ocala Florida Home Companion Palatka Whig Banner Pensacola Democrat Pensacola Gazette Pensacola West Florida Times Quincy Sentinel Savannah Daily Republican St. Augustine Ancient City 104 St. Augustine Examiner St. Augustine Florida Herald and Southern Democrat St. Augustine News Washington Ives Journal (Lake City) Tallahassee Florida and Journal Tallahassee Florida Sentinel Tallahassee Florida Watchman Tallahassee Floridian & Journal Tallahassee Floridian Tallahassee Southern Journal Tampa Florida Peninsular The Columbia Democrat State Documents Alachua and Levy County Minutes of the Circuit Court Alachua County Court Records Alachua, Columbia, and Hillsborough County Minutes of the Superior Court Alachua, Hernando, and Hillsborough County Minutes of the Superior Court Alachua, Hillsborough, Benton, and Marion County Minutes of the Superior and Circuit Court Clay County Minutes of the Circuit Court Escambia County Minutes of the Superior Court Gadsden County Circuit Court Minutes Jackson County Minutes of the Circuit Court Jefferson County Minutes of the Circuit Court Jefferson County Superior Court Minutes Leon County Minutes of the Superior Court Madison County Minutes of the Circuit Court Marion County Minutes of the Circuit Court Orange County Minutes of Circuit Court Putnam County Minutes of the Circuit Court Record from Franklin Circuit Court Southern District of Florida, Key West, Territorial Court St. Johns County Minutes of the Circuit Court II. 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The University of South Florida’s Center for Instructional Technology. “Exploring Florida Documents: Key West: Episcopal Church.” http://fcit.usf.edu/florida/docs/k/keys05.htm (accessed May 14, 2015). US National Archives and Records Administration. “The Homestead Act of 1862.” http://www.archives.gov/education/lessons/homestead-act/ (accessed May 14, 2015).
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