Research

Administrative History

According to Chapter 188 of the Laws of 1801, any child born of a slave after July 4, 1799 was declared to be free but was to remain as a bound servant to the owner of the child's mother until the child was 28 years of age, if male, or 25 years of age, if female. However, the owner could elect to abandon his rights to the child during the first year after the child's birth. In this case, the child was still to be maintained by the owner until the child was one year of age and was then to be "considered as a pauper of such city or town and liable to be bound out by the overseers of the poor in the same manner as the children of paupers in other cases, and such child, while such pauper, and until it shall be so bound out, shall be maintained by the overseers of the poor of such city or town, at the expence [sic] of this State..."

The state treasurer had custody of state funds and disbursed them upon warrant of the comptroller, who had the responsibility of collecting funds. The treasurer was required to keep records of payments so authorized by law. The 1801 law stated that in compliance with maintenance provisions "the comptroller is hereby required from time to time, to draw his warrant on the treasurer in favor of such overseers for the amount of such expence [sic], not exceeding the rate of three dollars per month...."

The law was amended on March 26, 1802 (Chapter 52) to decrease the rate of payment to two dollars per month. It also declared that no payment was to be made after the child had arrived at the age of four years "unless it shall be made to appear to the comptroller, that such pauper is either so decripid or infirm that it will be impracticable to bind out such pauper."

Chapter 40 of the Laws of 1804 repealed section 10 of the 1801 law (which allowed the person entitled to the service of the child to abandon that right). Owners were allowed to abandon the children of slaves at the ages of 21 for males and 18 for females if it could be certified by the overseers of the poor in the city or town of residence that the abandoned person was of sufficient ability to provide for himself or herself. Such certificates, signed by the overseers of the poor, were to be registered in the office of the city or town clerk.