On this day in Texas history, February 5, 1840, the Congress of the Republic of Texas passed the Law of February 5—a harsh measure aimed at restricting the rights of free Black people in Texas. Under this law, all free Black residents were required to leave the Republic within two years or face being enslaved for life. Additionally, any free Black individuals arriving after the law’s passage were subject to immediate arrest and, unless they could pay a $1,000 bond to fund their departure, risked being sold into slavery.
Despite the law’s sweeping restrictions, many influential white Texans petitioned on behalf of their free Black neighbors, friends, and servants. Notably, Jefferson County residents submitted three petitions to advocate for the Ashworth family and Elisha Thomas. The Ashworth brothers—Abner, William, Aaron, and David—were early immigrants who had settled in Texas years before the law went into effect. Community members argued that the Ashworths had supported Texas during the revolution and deserved an exemption. Similarly, a petition was filed for Elisha Thomas, who had served in the Texian Army after the Battle of San Jacinto. These efforts were successful, and David and Abner Ashworth became the only free Black immigrants after Texas Independence to receive congressional approval to remain in the Republic.
The Law of February 5, 1840, stands as a reminder of the complex and often troubling history of early Texas. While the Ashworth family’s petitions highlight acts of solidarity and advocacy, the law itself reveals the systemic racism embedded in Texas legislation during this era. These stories are vital for understanding the broader context of Texas history.
More information:
Text of the Act of February 5, 1840