
Guilty for ‘walking while Black’
That’s what happened to my paternal ancestor, David Lee, in 1820. He could have lost his life. He could have been severely hurt. Instead, he was jailed despite having all of his “papers” in order.
It was published in the Mississippi Free Trader newspaper on September 19, 1820.
David Lee had sufficient documentation to prove he was allowed to walk along the Mississippi pathway. The wording in the newspaper ad gave me the clue that the authorities questioned his paperwork: “…has a recommendation and is called David Lee…” In the early 1800s, the written pass, travel permit, or some type of certificate had to be shown to identify the enslaved.
I speculate that the information presented on the documentation included:
- his name
- owner
- destination
- permission to travel
- work assignment
Arrested anyway
Despite the proof Lee was carrying, the jailer did not fully trust the document! How do I know? It’s the wording: “…is called David Lee…” It means that “this paper says his name is David Lee.” Interesting that some papers that were being carried by Black persons were still questioned, ignored, and were sometimes considered forged. The sad outcome is that the innocent Black person would be jailed until someone claimed them.
“Tolerable intelligent”
The white jailer who interviewed my ancestor was actually giving him a compliment. In 1820, the jailer’s words meant he was a highly capable and articulate.
I discovered this newspaper article while researching my paternal family’s history. Such notices were often placed in Southern newspapers. The hard-to-read print summarizes the plight of my paternal third great-grandfather, David Lee. Here’s the summary of the translation:
- David Lee was born about 1783, which made him 37 years old at the time of his detainment.
- He was 5’4″ to 5’5″ with large facial whiskers and his overall appearance was described as “good countenance.” Translated: He looked respectable in their terms, and not criminal-looking.
- He was in Pike County, Mississippi during August–September 1820.
- He was traveling with John Simms.
- He/they were associated with an enslaver identified as Villere Allen near Baton Rouge.
- Lee was brought from Virginia, suggesting an interstate sale or forced migration.
- He was described physically in unusual detail, which helps to distinguish him from other men named David Lee in records.
How Family Researchers and Genealogists Connect the Dots
It is very challenging to locate and link African Diaspora ancestors to our family trees. For our research, this single advertisement provides confirmation on my ancestor’s connection in our family as I compared his information and timeline to his marriage of another relative.
There were other valuable leads:
- “They say they belong to Villere Allen…” who lived near Baton Rouge.
-
- The jailer believed the two men were traveling together.
- “… was brought from Virginia.”
This last clue is huge because it places my ancestor, David Lee, within the massive forced migration known as the Second Middle Passage. That is when hundreds of enslaved people were sold from the Upper South (especially Maryland and Virginia) to the Deep South after the invention of the cotton gin.
If accurate, David’s life likely followed a path similar to this:
Virginia
↓
sold south
↓
Louisiana (near Baton Rouge)
↓
traveling through Mississippi
↓
jailed in Pike County. Pike County was on a major overland route. They moved enslaved folk through Mississippi to Louisiana plantations. Ancestor David Lee and his companion, John, may have been:
- hired out
- being transferred
- escaping
- delivering goods
- accompanying livestock
- traveling under orders
How about this final sentence from the newspaper ad:
“The owner or owners are requested to pay charges and take them away.” This tells us the legal purpose of the advertisement. The jail was charging for room and board and security. The owner had to reimburse the county before recovering the enslaved people. These notices were common in southern newspapers.