- Collection:
- Southeastern Native American Documents, 1730-1842
- Title:
- [Motion in case of State vs. William Hodge] 1799 Apr. 4 / [filed by] A[ugustus] C[hristian] G[eorge] Elholm and Peter Williamson
- Date of Original:
- 1799-04-00
- Subject:
- Horse stealing
Indians of North America - Location:
- United States, Georgia, 32.75042, -83.50018
- Medium:
- legal documents
- Type:
- Text
- Format:
- text/html
image/jpeg - Description:
- Motion filed by Augustus C.G. Elholm and Peter Williamson, counsels, in the case of State vs. William Hodge for the charge of horse stealing. Hodge was indicted and sentenced for stealing a horse from a man named Fendelson, referred to in two other documents in the Southeastern Native American Documents Database (tcc374 and tcc376) as an Indian. Elholm and Williamson present evidence that the testimony of a person of color is inadmissable in Georgia courts and state furthermore that such a person cannot legally own property, such as a horse. The motion to be filed was prepared by George Taylor, clerk for the Lower Courts of Jackson County.
Digital image of original manuscript, scanned by the University of Georgia Libraries in 2000, as part of GALILEO, funded in part by a grant from the Institute of Museum and Library Services. - Local Identifier:
- tcc375
- External Identifiers:
- Metadata URL:
- https://dlg.usg.edu/record/dlg_zlna_tcc375
- Digital Object URL:
- https://dlg.usg.edu/record/dlg_zlna_tcc375#item
- IIIF manifest:
- https://dlg.usg.edu/record/dlg_zlna_tcc375/presentation/manifest.json
- Language:
- eng
- Bibliographic Citation (Cite As):
- Cite as: [title of item], Telamon Cuyler, Hargrett Rare Book and Manuscript Library, The University of Georgia Libraries, presented in the Digital Library of Georgia
- Extent:
- 2 pages/leaves
- Original Collection:
- Manuscript held by the Hargrett Rare Book and Manuscript Library, The University of Georgia Libraries, Telamon Cuyler, box 44, folder 05, document 03.
- Holding Institution:
- Hargrett Library
- Rights:
-
Page: [1]
State vs. William Hodge
Horsestealing
Motion by Augustus C. G. Elholm and Peter Williamson Counsels for the Defendant for an [unclear text: arrest ] of judgment in the above case be granted on the four following points 'viz'
1st By the victim of an Act passed in the Council Chamber
May the 10th 1770 it is enacted that all Negroes, Indians, Mulatoes [Mulattos], or Mestizoes, who now, are and hereafter shall be in this province (free Indians in amity with the Government, and Negroes Mulatoes [Mulattos] or Mestizoes, who now are, or hereafter shall become free excepted) and all their issue, and ofspring [offspring] born or to be born shall be, and they are hereby declared to be and remain forever hereafter absolute slaves, and shall follow the condition of the mother, and shall be taken and deemed in Law to be Chattels personal in the hands of their respective Owners and possessors, and their Executors etc. and 2dly [secondly] that it shall always be presumed that every Negroe [Negro] Indian Mulatoe [Mulatto] or Mestizoe [Mestizo] except as before exempted is a slave unless the contrary can be made appear.
Page: [2]
3dly [thirdly] by the Law aforesaid none of the aforesaid description of persons can be a witness against any free citizens and as the prosecution in the above case is in consequence of an Oath by Fendelson who comes under one of the aforesaid description of slaves the verdict must be set aside and judgment [unclear text: arrested ]
4thly [fourthly] by the Law aforesaid it is [added text: un ] Lawful for any of the above description of slaves to possess [deleted text: the ] [added text: the ] proper of [added text: a ] Horse [unclear text: [deleted text: s ] ] and that it is Lawful for any person or persons whatsoever to seize and take away from any slave Horses [illegible text] or [unclear text: neat ] Cattel [Cattle] and to deliver the same to any justice of the peace and as it has not appeared the Defendent [Defendant] did refuse to comply with the said Law he is not guilty, and therefore prays the Court for an arrest of Judgment
A true Extract from the files as ordered by the Court
April Term 1799
[Signed] Geo. [George] Taylor Clk L.C. J [Clerk Lower Courts Jackson] County
I send this as this is the best proof which at present is in my power that [added text: it ] was not denied in Court that Fendleson is a person of Coulour [Color]
[Signed] A. C. G. [Augustus Christian George] Elholm Counsel