Ashworth Act facts for kids

The Ashworth Act was an important law passed in Texas on December 12, 1840. This act made the Ashworth Family and all other free people of color (people of African descent who were not enslaved) and freed slaves in the Republic of Texas exempt from a new, strict law. That new law said that all Black Texans had to either leave Texas or risk being forced into slavery. The Ashworth Act allowed certain free Black people to stay in their homes.

Background of the Ashworth Act

The Ashworths: A Unique Family

The Ashworths were a family of mixed heritage, with both Black (African) and Anglo-European (White) ancestors. They traveled from South Carolina through Louisiana and finally settled in southeast Texas, near the town of Beaumont, in the early 1830s. At that time, Texas was still part of Mexico.

Even though they were identified as people of color, the Ashworths became quite wealthy and respected. They raised cattle and grew crops. One of the brothers even became one of the biggest cattle ranchers in the county before the American Civil War. Like many other wealthy families of their time, the Ashworths also owned enslaved people.

Texas Before 1840: Laws on Free People

After Texas won its independence from Mexico in 1836, the Texas government made a harsh rule. It stopped any more Black and free people of color from moving into Texas. It also tried to force those already living there to leave. The rule also said that free people of color already in Texas would lose their citizenship and all their rights.

However, in June 1837, the Texas Congress changed this rule. They decided that people of color "who were residing within the Republic of Texas at the date of the declaration of Independence" could stay in the country.

In the years that followed, Texas strongly supported the system of slavery. Many people who moved to Texas after its independence came from the Southern United States, where slavery was common. Texas quickly became a "Slave Society," meaning slavery was a central part of its economy and way of life.

Many laws were passed that favored white people and went against people of African descent. Slavery became the official policy of Texas society. Black people were allowed in Texas, but mostly as enslaved individuals.

The 1840 Law and the Ashworth Act

On February 5, 1840, the Texas Congress passed a new law that went against the 1837 decision. This new law again banned free people of color from moving into the Republic of Texas. It also added a rule from 1836 that ordered all free enslaved people and people of color "who are now in this Republic" to leave by January 1, 1842. If they didn't leave, they faced serious punishment. They could be fined, and if they couldn't pay, they would be sold into slavery for life.

Many free people of color started to fight back. They asked their white neighbors for support by signing petitions to let them stay in Texas, which they considered their home. Many people, like John and Charity Bird, Allen Dimery, Diana Leonard, James Richardson, Robert Thompson, Joseph Tate, and William Goyens, were among those who petitioned. They were all free, partly Black, or people of color.

Several petitions were created to help these free people. The petitions from the Ashworth family were the most well-known and seemed to have the biggest impact on the new law passed on December 12, 1840.

In the first petition for the Ashworths, 47 citizens supported them. These citizens had known the Ashworths for years and said they were "peaceable and respectable citizens." All the people who signed the petition agreed that the February 5, 1840, law would be unfair to the Ashworths. They asked Congress to make an exception for them.

A second petition was submitted for William and his brother Abner Ashworth. Seventy-two citizens from Jefferson County pointed out that even though the two were "free persons of color," they had "contributed generously to the advancement of the revolution." The people who signed this petition strongly felt that the new law was unfair and wrong. They argued it was unjust to "force them from their County, whose battles they have fought and whose independence they assisted in achieving." This second petition made a stronger case for the Ashworths.

A third petition was created just for Elisha Thomas, asking for his right to stay in Texas. Elisha had served in the army right after the Battle of San Jacinto. In all three cases, the petitions were signed by their neighbors, friends, and important officials in Jefferson County.

Representative Joseph Grigsby, a very wealthy slaveholder in Jefferson County, had a lot of influence in the Republic of Texas. He presented the Ashworths' petitions to the House of Representatives. While there's no direct proof, it's believed that at least one member of the Ashworth family had a good relationship with Joseph Grigsby.

On November 5, 1840, the speaker sent the petitions to a special committee, which included Grigsby and two others. The next day, the committee reported back. They said that "as a general rule, it is not the true policy of this Country to encourage the introduction of this description of persons among us, nor even to allow them to remain." However, Grigsby's committee thought that the Ashworths "should be an exception to that rule." The committee recognized the Ashworths' contributions to Texas's independence and their help in building their community.

Joseph Grigsby himself did not sign the petition, but a family member named Nathaniel Grigsby did. Because of this family connection, Joseph Grigsby was able to speak for the committee. He summed up what the public thought of the Ashworths: "they have at all times conducted themselves well, and are men of good credit wherever they are known, having been at all times punctual to their engagements, up right in their dealings, and peaceable in their dispositions."

On November 23, 1840, the bill passed the Senate. The act officially became law on December 12, 1840. Later, this law was called the "Ashworth Act." It had a lasting impact because its final version included not just the Ashworths, but all free people of color who had arrived in Texas before the declaration of independence.

Text of the Act

The law stated:

Be it enacted...That William Ashworth, Abner Ashworth, David Ashworth, Aaron Ashworth, Elisha Thomas, and all free persons of color, together with their families, who were residing in Texas on the day of the declaration of independence, are, and shall be exempt from the operation and provisions of an act of Congress, entitled "An act concerning Free Persons of Color,"... and that the above named persons, with their families are hereby granted permission to remain in this republic. All free people of color who had come to Texas before March 2, 1836, the absolute right to remain, "anything in the laws of the country to the contrary notwithstanding." (Shades 74)

This means the Ashworth Act allowed specific individuals and all free people of color who were in Texas before its independence (March 2, 1836) to stay, even if other laws said they couldn't.