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[Cite as Cooper and Worsham v. Savannah, 4 Ga. 68 (1848). Note: This decision regards "free persons of color" and to what extent they were possessed of rights in 1848. The court mentions the right to arms at on this page (page 72).]

[Cooper and Worsham v. Savannah continued
Return to pages 68-71.
Currently at page 72.
Proceed to pages 73-75.]

[1.] The Court below, did not err in ruling the petitioners were not citizens of this State, as contemplated by the constitution and laws thereof.

[*]Free persons of color have never been recognized here as citizens; they are not entitled to bear arms, vote for members of the legislature, or to hold any civil office. They have always been considered as in a state of pupilage, and been regarded as our wards, and for that very reason we should be extremely careful to guard and protect all the right secured to them by our municipal regulations. They have no political rights, but they have personal rights, one of which is personal liberty. The petitioners complain that they are illegally imprisoned in the common jail of the city of Savannah. It appears from the transcript of the record, that the petitioners were arrested and imprisoned by virtue of a warrant issued from under the hand of the Mayor of the city of Savannah, on the 14th day of October, 1847, for a violation of the 5th section of an ordinance passed by the Mayor and Aldermen of the city of Savannah, on the 27th day of August, 1839, which reads as follows: "An ordinance to amend and consolidate the various ordinances of the city of Savannah; for raising a fund for the support of a watch in the city of Savannah, and to prescribe the mode of assessing and collecting taxes in the city of Savannah, and for other purposes connected therewith." "Each free person of color who may remove to this city to reside herein, from any other part of the State, shall pay to the Treasurer the sum of one hundred dollars, within thirty days from the date of his arrival as aforesaid, which said sum shall be in addition to any poll or other tax, assessed by this ordinance upon free persons of color, and if the same be not paid as aforesaid, the Mayor, upon information lodged with him of said default, shall and may issue his warrant under his hand and seal, directed to the Marshal or to any of the city constables to execute, directing him or any of them to arrest and commit to the common jail such free person of color so in default, and the same free persons of color, shall be confined therein until the said sum of money is paid, or he or she shall be discharged by order of council or due course of law." [paragraph continues next page]

[Return to pages 68-71.
Currently at page 72.
Proceed to pages 73-75.]