Slavery in Utah

Did Utah have slavery?

Yes, Utah established a form of slavery in 1852. The Utah Legislature passed "An Act in Relation to Service" which legalized a form of slavery for people of African descent,[1] and it also passed the "Act for the Relief of Indian Slaves and Prisoners," which was specific to Native Americans in the territory.[2]

From 1852 to 1862, Utah had a slave population of around 30 people.[3]

Timeline of Slavery in Utah

1847

Mormon pioneers begin settling in Utah—in Mexico territory where slavery was illegal.[4] Three enslaved men are included in the first company of Latter-day Saints to Utah.[5]

1848

The United States claims the Utah territory as part of the 1848 Treaty of Guadalupe Hidalgo with Mexico.[6]

1850

The U.S. government enacts the Compromise of 1850, allowing territories to choose their own slavery laws[7] and creating Utah Territory.[8]

1852

"An Act in Relation to Service" is passed in Utah Territory which makes slavery legal in Utah.[9]

1852

"A Preamble and An Act for the Further Relief of Indian Slaves and Prisoners" is enacted in Utah Territory which outlines how Native Americans could be made indentured servants.[10]

1860

South Carolina secedes from the United States over the issue of slavery and the American Civil War begins shortly afterward.[11]

1862

Congress abolishes slavery in U.S. territories, ending slavery in Utah.[12]

1863

Abraham Lincoln's[BIO] Emancipation Proclamation, which emancipated slaves in southern states that had left the Union, is enacted.[13]

1865

General Robert E. Lee[BIO] surrenders the Army of Northern Virginia to General Ulysses S. Grant[BIO] at Appomattox Courthouse, Virginia, effectively ending the American Civil War.[14]

1865

The Thirteenth Amendment to the U.S. Constitution is ratified, abolishing slavery in the United States.[15]

Expand Timeline

What were the slave laws in Utah for Native Americans?

The "Act for the Relief of Indian Slaves and Prisoners" law stated that it intended to prevent Native American women and children from being killed by local tribes that engaged in the slave trade.[16] Under this law, white settlers could purchase slaves from Native American slave traders and create a contract for indentured servitude for a set period of time, no more than twenty years.[17]

Read More Difficult Questions

214 Primary Sources

Footnotes

BIOAbraham Lincoln
Abraham Lincoln (1809-1865) was the 16th president of the United States. He served as a state representative from 1834 to 1842 and as a representative in the U.S. House from 1847 to 1849. He won the 1860 election for the presidency against Democratic opponent Stephen A. Douglas. He led the nation through the Civil War and abolished slavery. In 1865, he was assassinated by John Wilkes Booth.
BIORobert E. Lee
Robert E. Lee (1807-1870) was a key military leader in American history, serving as the commanding general of the Confederate States Army during the Civil War. Born into a prominent Virginia family, Lee graduated from West Point and had a successful early military career, including service in the Mexican-American War. He resigned from the U.S. Army in 1861 to join the Confederacy. Lee surrendered to Union forces in 1865. Post-war, he served as president of Washington College, focusing on education and reconciliation until his death in 1870.
BIOUlysses S. Grant
Ulysses S. Grant (1822-1885) was the 18th President of the United States and a commanding general during the American Civil War. Born in Point Pleasant, Ohio, he graduated from West Point in 1843 and fought in the Mexican-American War. During the Civil War, Grant rose to prominence with key victories for the Union, most notably at Vicksburg and Chattanooga, eventually leading to his appointment as General-in-Chief of the Union Army. His leadership was crucial in securing Union victory, culminating in Robert E. Lee's surrender at Appomattox Court House in 1865. Elected president in 1868, Grant's two terms focused on Reconstruction and civil rights, though his administration faced various scandals. He died in 1885.
BIOBrigham Young
Brigham Young (1801–1877) was an early Latter-day Saint leader. He was born in Whitingham, Vermont. and joined the faith in his twenties after two years of deliberation. He became the President of the Quorum of the Twelve Apostles following the fractionalization of the Church in Kirtland, Ohio. After Joseph Smith's martyrdom in 1844, Young assumed the presidency and led the Latter-day Saints to settle in the Great Basin region. He was married to fifty-five women and fathered fifty-nine children from sixteen of his wives. He also served as the Territorial Governor for Utah Territory until 1857 and as the prophet until his death.
BIOJoseph Smith, Jr.
Joseph Smith (1805–1844) organized The Church of Jesus Christ of Latter-day Saints. Born in Sharon, Vermont, he began to experience visions of deity and angels at a young age. One vision featured the Angel Moroni, who revealed the location of gold plates with an account of ancient Americans. He translated this record and published it as The Book of Mormon. He continued to receive revelations throughout his life which serve as the foundation for the Church's doctrine today. He led the Latter-day Saints across the country from New York to Illinois. In 1844, he was martyred while awaiting trial in Carthage, Illinois.
BIOWilford Woodruff
Wilford Woodruff (1807–1898) was the fourth president of the Church of Jesus Christ of Latter-day Saints. He joined the faith in 1833 and became an apostle in 1839. He served as an apostle until he became President of the Church in 1889.
BIOOrson Hyde
Orson Hyde (1805-1878) was born in Oxford, New Haven, Connecticut. He served as a member of the Quorum of the Twelve Apostles from 1835 until his death. In 1841, he traveled to the Holy Land, and on October 24, he climbed the Mount of Olives and recorded a prayer to dedicate the land for the return of the Jewish people. From 1847 until 1875, he served as President of the Quorum of the Twelve Apostles.
BIOOrson Pratt
Orson Pratt (1811–1881) was born in Hartford, New York, and was an apostle for The Church of Jesus Christ of Latter-day Saints. He was called on many missions. He was excommunicated from the Church in August 1842, after allegations of Joseph Smith's impropriety. Pratt was rebaptized in January 1843 and served as a leading pamphleteer for the Church and defender of the faith.
BIOAbraham O. Smoot
Abraham Owen Smoot (February 17, 1815–March 6, 1895) was a Latter-day Saint pioneer, religious leader, and politician. Smoot was born in Kentucky and joined the Church of Jesus Christ of Latter-day Saints in 1835. Smoot served as a missionary in Tennessee and Kentucky shortly after his conversion, and later served as an electioneering missionary for Joseph Smith's presidential run. Smoot migrated to Utah where he served as mayor of both Salt Lake City and Provo. He also contributed financially to Brigham Young Academy (later Brigham Young University) and served on its board of trustees until his death in 1895. Smoot was one of the few slaveowners in Utah Territory until slavery's abolition in 1865 and was a prominent polygamist, marrying Margaret Adkinson, Sarah Gibbens, Emily Hill, Diana Tanner Eldredge, and Anne Mauritsen. He was also the father of Reed Smoot, an apostle and United States senator.
BIOCharles C. Rich
Charles C. Rich (1809-1883) was a leader in The Church of Jesus Christ of Latter-day Saints and a pioneer in the American West. Joining the LDS Church in 1832, he became a member of the Quorum of the Twelve Apostles in 1849. Rich played a key role in the Mormon migration to Utah and led the colonization of San Bernardino, California, and Bear Lake Valley, Idaho. His efforts significantly contributed to the expansion and development of Latter-day Saint communities in the West.
BIOGreen Flake
Green Flake (January 6, 1828 – October 20, 1903) was an African-American member of the Church of Jesus Christ of Latter-day Saints. Flake was enslaved, and was one of three enslaved African Americans to enter Utah Valley on July 22, 1847. Flake had been born into bondage in North Carolina, and joined the church with his enslaver James Flake after migrating to Mississippi in the 1840s. Flake came with his enslavers west, first to Nauvoo and then to Utah. Green Flake eventually received his freedom sometime in the 1850s, and remained in Utah with his wife Martha and two children, Lucinda Vilate and Abraham. After his wife’s death, Flake moved to Idaho where he passed away in 1903.
BIOAmasa Mason Lyman
Amasa Mason Lyman (1813-1877). He was baptized a member of the Church on April 27, 1832, by Lyman E. Johnson. He served a mission in the eastern United States in 1832. Lyman married Louisa Maria Tanner in 1835. He was ordained an apostle in 1842. In 1869, Lyman would become associated with William S. Godbe, founder of the Church of Zion ("Godbeites"). As a result of his activism for Godbe, he was excommunicated on May 12, 1870.
BIOAgnes Flake
Agnes Love (1819-1855) was born in Richmond County, North Carolina on November 6, 1819. She married James Madison Flake on October 2, 1838. They were baptized in to the Church of Jesus Christ of Latter-day Saints in 1844. They moved to Utah in 1850 and James died in California soon afterward. Agnes and her children moved to the Latter-day Saint colony at San Bernardino, California where she died in 1855.
BIOWilliam J. Flake
William Jordan Flake (July 3, 1839 – August 10, 1932) was an early member of The Church of Jesus Christ of Latter-day Saints and is most notably one of the founders of Snowflake, Arizona, which was named in part after him and in part after Erastus Snow, another prominent early Latter-day Saint leader. He began practicing polygamy in 1868 and was imprisoned from 1884-1885. In 1901 he served a mission in the Southern States Mission. William J. Flake passed away on August 10, 1932, in Snowflake, Arizona.
BIOJohn Burton
John Burton (1797-1865) was born into slavery in Virginia and became enslaved by John Burton in Pike County, Missouri. He joined the Church of Christ (later the Church of Jesus Christ of Latter-day Saints) with his enslavers. After moving to Nauvoo, Illinois, with Susan McCord following his enslaver's death, Burton migrated to Winter Quarters, Nebraska, and then to the Salt Lake Valley in 1847. He played a role in establishing the Mormon settlement of Parowan, Utah, and was noted for his contributions to the community, including a donation to Parowan’s first meetinghouse. Burton passed away in 1865 and was buried in the Parowan cemetery.
BIOMartha Ann Morris
Martha Ann Morris (1828-1885) was born into slavery in Monroe County, Mississippi, in 1828, under the ownership of John Crosby. After Crosby's death, she became the property of John H. and Nancy Crosby Bankhead, who joined the Church of Jesus Christ of Latter-day Saints in the mid-1840s. It's believed Martha may have also converted to Mormonism around this time, although no baptismal record exists. She likely traveled with the Bankheads to the Salt Lake Valley in 1848 as part of the Heber C. Kimball Company. In 1852, Martha married Green Flake. They had two children, Lucinda Vilate Flake (born 1854) and Abraham Flake (born 1860). Martha passed away on January 20, 1885, in Union, Utah.
BIONancy Lines Dennis
Nancy Smith (1816-1877) was born into slavery in White County, Tennessee, possibly in the Lyons household. She was baptized into the Church of Jesus Christ of Latter-day Saints in 1857 in Lehi, Utah Territory. Nancy's diverse surnames throughout her life, including Lines, Dennis, Bankhead, and Smith, reflect her changing ownership and possibly a marriage to Samuel Smith. She spent much of her life serving the Bankhead and Dennis families, moving with them from Mississippi to Utah. Nancy's final years were spent living independently in Pondtown (Salem), Utah County. She passed away in 1877 and was buried in the old Pioneer Cemetery in Spanish Fork.
BIOBetsy Brown Fluellen
Betsy Brown Fluellen (circa 1837-1903), born into slavery in Virginia, was purchased by the Latter-day Saint converts John and Elizabeth Crosby Brown in the late 1840s. Making the journey to Utah as an enslaved child, she lived with the Browns, contributing significantly to their household in Cottonwood and Lehi. Baptized into the LDS Church during the Mormon Reformation in 1857, Betsy's life was a blend of domestic servitude and spiritual engagement. Following the abolition of slavery in U.S. territories in 1862, she worked as a domestic servant in Corinne, Utah. She married John Fluellen in 1871 and had three children, enduring the loss of two in infancy. Later in life, Betsy faced mental health challenges and spent her final years in an asylum in Provo, Utah, passing away in 1903.
BIOJohn Brown
John Brown (1820-1896) was baptized a member of the Church of Jesus Christ of Latter-day Saints in July 1841. He served several missions, including to the southern United States. He traveled to Utah with a group of Southern states known as the Mississippi Company in 1846. He served several more missions afterward and later died in Pleasant Grove in 1896.
BIOMarinda Redd
Marinda Redd Bankhead (1831-1907) was born into slavery in Onslow County, North Carolina, around 1831, likely on the farm operated by John Hardison Redd and Elizabeth Hancock Redd. The Redd family, including Marinda, moved to Rutherford County, Tennessee, in 1838. In 1843, the family, along with Venus and Chaney, converted to the Church of Jesus Christ of Latter-day Saints. Marinda, however, was not baptized until 1852. In 1850, the Redds, with their servants, traveled to the Salt Lake Valley as part of the Mormon overland trail's James Pace Company. After their arrival in Utah, Marinda continued her service with the Redds until her marriage to Alex Bankhead around 1870. She lived in Spanish Fork until her death from breast cancer in 1907.
BIOAmy
Amy (circa 1836-1854) was born to Chaney, a slave of Elizabeth Hancock Redd and John Hardison Redd, in Onslow County, North Carolina. In the 1850 Utah census, she was listed as "Anna," but other records commonly refer to her as Amy. She was baptized into the Church of Jesus Christ of Latter-day Saints on June 13, 1852, and she passed away in November 1854.
BIOAlex Bankhead
Alexander "Alex" Bankhead (1848-1902) was brought to Utah as an enslaved person in 1848, initially owned by John H. Bankhead. He later became the property of Bishop Abraham Smoot, leading to his residence in Utah County. By 1870, he was living in Spanish Fork, Utah, with his wife Marinda, a former slave, and her son David William. Alex owned a modest home and farmland. He died in 1902.
[1]↩︎
"An Act in Relation to Service" legalized slavery under these conditions:
1. Persons bringing legally bound servants (i.e., slaves) to Utah must provide proof in the Probate Court to claim their labor.
2. The Probate Court will accept written contracts or proven agreements as evidence for services, provided they do not bind the servant's heirs beyond debt repayment.
3. Persons bringing servants and their children to Utah must provide a court certificate to the Probate Court. If the servant came willingly, their service is ensured unless forfeited under specific conditions.
4. Masters forfeit claims to servants of African descent if they engage in sexual relations with them. White individuals face fines and imprisonment for sexual relations with Africans.
5. Masters must provide servants with basic necessities, and in return, servants should work faithfully.
6. Masters may reasonably correct servants. However, cruelty, abuse, or neglect can lead the Probate Court to void the servant contract.
7. Servant transfer between masters requires Probate Court consent and servant's agreement in the absence of the current master.
8. Illegal transfer or removal of servants from the Territory leads to fines, imprisonment, and forfeiture of servant claims.
9. Masters are required to educate their servants for at least 18 months between the ages of 6 and 20.
- Utah Territorial Legislature legalizes slavery in the territory.
[2]↩︎
The preamble explains that the act is being passed in order to help Native Americans within the territory of Utah.
The act includes the following conditions:
1. If a white person has an Indian captive, child, or woman, they must bring them to the county's Selectmen or Probate Judge, who can decide to indenture them for up to twenty years based on their suitability.
2. The indenture must include detailed information about the Indian person, like name, age, birthplace, parents' names, tribe, captor's identity, source of acquisition, and indenture date.
3. County Selectmen can obtain and bind Indian prisoners, children, or women to work.
4. The indenture recipient must ensure the Indian child gets three months of schooling annually between ages seven and sixteen and provides appropriate clothing.
- 1852 Utah territorial act concerning Native American slavery.
[3]↩︎
It is difficult to be sure how many slaves were in Utah at any given time during the 15 years between the arrival of Mormon pioneers in the Salt Lake Valley in 1847 and the emancipation of slaves in U.S. territories in 1862.
Historian Amy Tanner Thiriot suggests that there were likely about fifty initially but that the number dropped to between thirty to forty after that.
- Amy Tanner Thiriot describes the numbers of slaves in the Utah territory.
[4]↩︎
Mexico outlawed slavery in September 1829. The first Latter-day Saint pioneer company reached Utah in July 1847, almost twenty years after slavery had been abolished in Mexico.
Historian Dennis Valdes has argued that slavery in Mexico slowly declined as economic, political, and demographic factors favored the transition to paid labor, which was predominantly undertaken by people of African or Indigenous descent. He noted that the declaration of abolition in 1829 was not a revolutionary moment but rather was the next step in an already declining system.
[5]↩︎
Green Flake, Oscar Crosby, and Hark Wales were all listed as traveling to Utah in 1847. Heber C. Kimball recorded these three men as being part of his company on April 16, 1847.
[6]↩︎
President James Polk signed an act declaring war on Mexico in May 1846 because of disputes regarding the United States' annexation of Texas and the borders of Texas and Mexico. It ended in 1848 with the Treaty of Guadalupe Hidalgo.
The United States gained territory including California, Nevada, Arizona, Utah, Colorado, Wyoming, New Mexico, Kansas, and Oklahoma. Mexico also agreed to cede any claims to Texas.
[7]↩︎
In 1850, Henry Clay, an influential congressman from Kentucky, proposed a compromise for slavery in the United States. In it, he suggested:
That as slavery does not exist by law, and is not likely to be introduced into any of the territory acquired by the United States from the republic of Mexico, it is inexpedient for Congress to provide by law either for its introduction into, or exclusion from, any part of the said territory; and that appropriate territorial governments ought to be established by Congress in all of the said territory, not assigned as the boundaries of the proposed State of California, without the adoption of any restriction or condition on the subject of slavery.
- Henry Clay's introduces the resolution which began the Compromise of 1850.
[8]↩︎
On September 9, 1850, the U.S. Congress passed an act creating the territory of Utah. The act specified the area within the territory, outlined the powers of government, and stated that the legality of slavery would be determined by the territory when it became a state.
- Congressional act creating Utah Territory.
[9]↩︎
"An Act in Relation to Service" was approved by the Utah territorial legislature on February 4, 1852.
- Utah Territorial Legislature legalizes slavery in the territory.
[10]↩︎
"A Preamble and An Act for the Further Relief of Indian Slaves and Prisoners" was enacted by the Utah territorial legislature on March 7, 1852.
- 1852 Utah territorial act concerning Native American slavery.
[11]↩︎
On December 24, 1860, South Carolina passed a declaration explaining why they were leaving the United States. It clearly points to slavery as a leading reason for secession.
In the beginning of 1861, Mississippi, Florida, Alabama, Georgia, Louisiana, and Texas seceded, and Virginia, Arkansas, Tennessee, and North Carolina threatened secession.
The United States refused to hand federal forts over to states that seceded which led to the blockade of Fort Sumter and an eventual attack on it in April 1861. This is considered the first battle of the American Civil War.
- South Carolina declares secession.
- Library of Congress website provides timeline of the American Civil War.
[12]↩︎
The "Act to Secure Freedom to all Persons within the Territories of the United States" states:
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passage of this act there shall be neither slavery nor involuntary servitude in any of the Territories of the United States now existing, or which may at any time hereafter be formed or acquired by the United States, otherwise than in punishment of crimes whereof the party shall have been convicted.
- Congressional act abolishing slavery in U.S. territories.
[13]↩︎
Lincoln's Emancipation Proclamation did not immediately abolish slavery across the United States. Instead it was targeted at slaves held in former Confederate territory:
All persons held as slaves within any State or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever free.
- Abraham Lincoln issues the Emancipation Proclamation.
[14]↩︎
The terms of surrender agreed upon by Grant and Lee allowed all soldiers in the Army of Northern Virginia to return home after they had surrendered and they would be allowed to keep their property.
While this effectively ended the American Civil War, it was not until August 6, 1866, that President Andrew Johnson officially declared the end of hostilities with all southern states.
- Terms of surrender of the Army of Northern Virginia.
- Andrew Johnson's proclamation of the end of hostilities with the South.
[15]↩︎
The thirteenth amendment includes two sections:
Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Section 2. Congress shall have power to enforce this article by appropriate legislation.
- Thirteenth amendment to the US Constitution abolishes slavery.
[16]↩︎
This is explained in the preamble to "Act for the Relief of the Further Relief of Indian Slaves and Prisoners."
For example, Brigham Young explained that, in one instance, a Native American man approached a Mormon fort with a 16-year-old boy and an 18-year-old girl whom he offered to sell as slaves. After initially he was refused, the man killed the boy, and then, to save the girl's life, one of the settlers bought the girl.
Later, Mormon pioneer Jacob Hamblin recorded in his journal that Native Americans he came in contact with had children kidnapped to be sold into slavery, and had also sold some of their children into slavery to pay for food.
[17]↩︎
The first section of the law noted:
That whenever any white person within any organized county of this Territory shall have any Indian prisoner, child, or woman in his possession, whether by purchase or otherwise, such person shall immediately go, together with such Indian prisoner, child, or woman, before the Selectmen or Probate Judge of the county. If in the opinion of the Selectmen or Probate Judge the person having such Indian prisoner, child, or woman, is a suitable person, and properly qualified to raise or retain and educate said Indian prisoner, child, or woman, it shall be his or their duty to bind out the same by indenture for the term of not exceeding twenty years, at the discretion of the Judge or Selectmen.
- 1852 Utah territorial act concerning Native American slavery.
[18]↩︎
Section 9 of "An Act in Relation to Service," said:
It shall further be the duty of all masters or mistresses, to send their servant or servants to school, not less than eighteen months between the ages of six years and twenty years.
- Utah Territorial Legislature legalizes slavery in the territory.
[19]↩︎
The Virginia colony slave codes (which became the basis for many Southern slave codes) stipulated that slaves inherited their status from their mothers. If a child was born to an enslaved mother, they inherited her enslaved status, whether their father was free or enslaved.
Utah's "An Act in Relation to Service" stated, "No contract shall bind the heirs of the servant or servants to service for a longer period than will satisfy the debt due his, her, or their master or masters."
- Utah Territorial Legislature legalizes slavery in the territory.
- Virginian law states that slave status is inherited from the mother.
[20]↩︎
A transfer of an enslaved person's contract required their consent given to a probate court without their master present. The section stated:
Sec. 7. That servants may be transferred from one master or mistress to another by the consent and approbation of the Probate Court, who shall keep a record of the same in his office; but no transfer shall be made without the consent of the servant given to the Probate Judge in the absence of his master or mistress.
While not explicitly stated, it may be that this section was intended to, in part, keep families from being broken up.
- Utah Territorial Legislature legalizes slavery in the territory.
[21]↩︎
Historian Christopher Rich argued that Utah's "An Act in Relation to Service" has more similarities with the slave laws found in Indiana territory law than Southern slave codes. He believed that "An Act in Relation to Service" was a compromise balancing the abolition of slavery as property, the rights of Southern slaveholders in Utah, and a neutral stance on slavery to aid statehood efforts.
This led to a system akin to indentured servitude and gradual emancipation for African slaves in the territory. Rich noted that while attempting to balance conflicting objectives regarding slavery, the application of the act likely resulted in a form of involuntary servitude.
- Christopher Rich argues that Utah's servitude law was intended to end slavery.
- In a history of Indiana, John B. Dillon lists Indiana Territory slave laws.
[22]↩︎
Slave codes varied from state to state, but many of the codes were based on the colony of Virginia's 1705 slave codes.
- "An act concerning Servants and Slaves” (1705) lays out Virginia colony slave codes.
[23]↩︎
"An Act in Relation to Service" read:
It shall further be the duty of all masters or mistresses, to send their servant or servants to school, not less than eighteen months between the ages of six years and twenty years.
- Utah Territorial Legislature legalizes slavery in the territory.
[24]↩︎
The "Act for the Relief of Indian Slaves and Prisoners" read:
The master to whom the indenture is made is hereby required to send said apprentice to school, if there be a school in the district or vicinity, for the term of three months in each year, at a time when said Indian child shall be between the ages of seven years and sixteen. The master shall clothe his apprentice in a comfortable and becoming manner, according to his, said master's condition in life.
- 1852 Utah territorial act concerning Native American slavery.
[25]↩︎
For example, a South Carolina law stated:
By the Act of 1834, slaves are prohibited to be to read or write, under a penalty (if a white person ma[y] offend) not exceeding $100 fine and six months imprisonment, if a "free person of color," not exceeding 50 lashes and a fine of $50.
- South Carolina forbids teaching slaves to read.
[26]↩︎
For example, in South Carolina, assemblies of slaves or free African-Americans were prohibited unless white citizens were present. Law enforcement had the authority to disperse these gatherings, especially if they deemed them suspicious or majority non-white after certain hours.
In Florida, Justices of the Peace were allowed to punish unlawful assemblies with fines of up to $20 and or up to 39 stripes.
- South Carolina laws regulate the assembling of both enslaved and free African Americans.
- Florida law describing punishment for unlawful assemblies.
[27]↩︎
The act read:
That the Probate Court shall receive as evidence any contract properly attested in writing or any well proved agreement wherein the party or parties serving have received or are to receive a reasonable compensation for his, her, or their services: Provided, That no contract shall bind the heirs of the servant or servants to service for a longer period than will satisfy the debt due his, her, or their master or masters. [Emphasis added]
- Utah Territorial Legislature legalizes slavery in the territory.
[28]↩︎
The earliest example of a law in America dictating the inheritance of slave status by children appeared in the Virginia colony in 1662. It stated that a person's status was dictated by their mother's status.
- Virginian law states that slave status is inherited from the mother.
[29]↩︎
For example, an 1848 Alabama law prohibited slave masters from allowing their slaves "to go at large, or . . . to hire his, her or their time or service to any other person" without a license from an incorporated city or town.
- Alabama act prohibits slaves from traveling independently of their masters.
[30]↩︎
For example, in Florida slaves were not allowed to carry firearms without express permission from their masters. They were also banned from owning most livestock.
- Florida laws circumscribed ownership of certain property by slaves.
[31]↩︎
Section 6 of the law read:
It shall be the duty of the master to correct and punish his servant in a reasonable manner when it may be necessary, being guided by prudence and humanity; and if he shall be guilty of cruelty or abuse, or neglect to feed, clothe, or shelter his servants in a proper manner, the Probate Court may declare the contract between master and servant or servants void, according to the provisions of the fourth section of this act.
- Utah Territorial Legislature legalizes slavery in the territory.
[32]↩︎
For example, Mississippi's 1857 law book listed a number of different punishments for slaves who committed crimes. For non-capital offenses, slaves could be given various numbers of lashes, and for capital offenses, the most common punishment was the death penalty.
Historian Heather Andrea Williams in her book 2014 book "American Slavery: A Very Short Introduction" stated, "Owners employed a mixture of violence and paternalism to keep the people they owned in their places of servility."
- Mississippi's 1857 codes on slave criminal offenses.
- Heather Andrea Williams describes how enslavers maintained control of slaves.
[33]↩︎
Section 7 read:
That servants may be transferred from one master or mistress to another by the consent and approbation of the Probate Court, who shall keep a record of the same in his office; but no transfer shall be made without the consent of the servant given to the Probate Judge in the absence of his master or mistress.
Section 8 of the act read:
Any person transferring a servant or servants contrary to the provisions of this act, or taking one out of the Territory contrary to his, or her will, except by decreed of Court in case of a fugitive from labor, shall be on conviction thereof, subject to a fine, not exceeding five thousand dollars, and imprisonment, not exceeding five years or both at the discretion of the Courts, and shall forfeit all claims to the services of such servant or servants, as provided in the fourth section of this act.
- Utah Territorial Legislature legalizes slavery in the territory.
[34]↩︎
For example, a Louisiana code from 1824 said:
Children born of a mother then in a state of slavery, whether married or not, follow the condition of their mother; they are consequently slaves and belong to the master of their mother.
- Louisiana Legislature places ownership of children born to slaves with the enslaved mother's owner.
[35]↩︎
In 2007, the National Humanities Center compiled a collection of recollections from formerly enslaved individuals, which were originally gathered in Works Progress Administration (WPA) interviews, focusing on the experiences of their families being separated.
One example comes from Katie Rowe:
I seen chillun sold off and de mammy not sold, and sometimes de mammy sold and a little baby kept on de place and give to another woman to raise. Dem white folks didn’t care nothing ’bout how de slaves grieved when dey tore up a family.
- National Humanities Center collection of Works Progress Administration (WPA) accounts of formerly enslaved people.
[36]↩︎
According to Merriam-Webster miscegenation is "a mixture of races," particularly "marriage, cohabitation, or sexual intercourse between a white person and a member of another race."
- Merriam-Webster provides a definition of miscegenation.
[37]↩︎
Section 4 of the act read:
That if any master or mistress shall have sexual intercourse with his or her servant or servants of the African race, he or shall forfeit all claim to said servant or servants to the commonwealth and if any white person shall be guilty of sexual intercourse with any of the African race, they shall be subject on conviction thereof to a fine of not exceeding one thousand dollars, nor less than five hundred, to the use of the Territory, and imprisonment, not exceeding three years.
- Utah Territorial Legislature legalizes slavery in the territory.
[38]↩︎
For example, an 1849 Virginia law stated, "All marriages between a white person and a negro . . . shall be absolutely void, without any decree of divorce, or other legal process."
- Virginia law forbids interracial marriages.
[39]↩︎
On June 16, 1856 Edwin D. Woolley charged Williams Camp with kidnapping an African American named Dan.
- Edwin D. Woolley charges Williams Camp with kidnapping Dan (an African American).
[40]↩︎
Hosea Stout, a Latter-day Saint leader and lawyer, noted a case against Williams Camp in 1856. He explained that Daniel, a man enslaved by Camp, had run away from Camp. Camp eventually caught him, but was charged with kidnapping. The judge, Elias Smith, decided there wasn't sufficient evidence to convict, so Camp was acquitted by the court.
Two days before the trial, Brigham Young's office journal notes that he spoke to a couple people about "Bro Kamp taking away his negro." About a month later, a Utah probate court record was made by Camp stating that he had owned Daniel since his birth and described him as "a slave for life."
[41]↩︎
In the case of A. B. Miller v. Thomas S. Williams (1859), Miller claimed ownership of two enslaved women currently enslaved by Williams were rightly his. Williams stated that he would pay a bond to continue ownership, and a jury upheld Williams' claim. However, the judge rejected the jury's decision when he learned it was not unanimous.
There are no records of the case after that, so its conclusion is not clear.
- Deseret News provides summary of court case A. B. Miller v. Thomas S. Williams over the ownership of two slaves.
- Deseret News provides summary of Miller v. Williams as of August, 24, 1859.
[42]↩︎
Emigration records and Heber C. Kimball's journal recorded that three enslaved men (Hark Lay, Oscar Crosby, and Green Flake) accompanied the first pioneer company to Utah in 1847. In 1848, The John Bankhead and Francis McKown families are both recorded as bringing slaves with them when they emigrated. John Brown listed 19 persons of color (all of whom were associated with white households in the record) in his pioneer company.
The 1850 census records that John H. Redd, John H. Bankhead, Abraham Smoot, John Brown, Williams Camp, Agnes Flake, William Crosby, Daniel M. Thomas, William Jay, and Robert M. Smith were all slave owners in the territory. Some of these people likely traveled to Utah with enslaved people, even though specific records of their emigration are not apparent.
[43]↩︎
Explorer and pioneer Jacob Hamblin had noted instances of slavery among the Native Americans he met in his travels, and historian Sondra Jones explained that when the Mormon pioneers arrived in Utah they unknowingly moved into an existing slave trade between Native Americans and Mexicans.
- Jacob Hamblin records instances of Native American slavery.
- Sondra Jones describes the Indian slave trade in Utah before 1852.
[44]↩︎
It was reported that Brigham Young advised Saints in Iron County in 1851 to buy as many Native American children as they could and to educate them.
Later, in a speech to the Utah territorial legislature, Brigham Young condemned the Native American slave trade, but he suggested that buying Native American slaves and then freeing them to work as indentured servants was a good method of saving them from slavery.
- Brigham Young addresses Native American slavery in an address to the Utah Territorial Legislature.
- Brigham Young advises the residents of Iron County to buy and raise Indian children.
[45]↩︎
Genesis 9:25-27 reads:
25 And [Noah] said, Cursed be Canaan; a servant of servants shall he be unto his brethren. 26 And he said, Blessed be the Lord God of Shem; and Canaan shall be his servant. 27 God shall enlarge Japheth, and he shall dwell in the tents of Shem; and Canaan shall be his servant.
The Joseph Smith Translation of Genesis 9 specifically said that Canaan's curse would be visibly manifest as darkness:
And [Noah] said blessed be the Lord God of Shem and Canaan shall be his servent and a vail of darkness shall cover him that he shall be known among all men God.
- Noah says Canaan will serve his brothers.
- Joseph adds that Canaan is cursed with a "vail of darkness" in his Bible translation.
[46]↩︎
Wilford Woodruff recorded Brigham Young saying:
The master of slaves will be damned if they abuse their slaves. Yet the seed of Ham will be servants until God takes the curse off from them.
In a speech to the territorial legislature in 1852 Brigham Young said:
But they cannot hold the priesthood and inasmuch as they cannot bear share in the priesthood they cannot bear rule they cannot bear rule in any place until the curse is removed from them
Brigham Young repeated these sentiments in an address printed in the Deseret News, the Journal of Discourses, and the Buffalo Morning Express.
[47]↩︎
In 1849 Brigham Young said:
You might safely say (if it was of any particular use) that as a people we are averse to slavery, but that we wish not to meddle with this subject, but leave things to take their natural course.
In an 1849 letter to Thomas Kane Wilford Woodruff said:
We deemed it expedient not to introduce a clause into our constitution prohibiting the introduction of slaves into the State of Deseret, but slavery can never be tolerated there.
Lastly, in 1850 Orson Hyde said:
There is no law in Utah to authorize slavery, neither any to prohibit it.
[48]↩︎
In an 1860 interview with Horace Greeley, Brigham Young said:
[Utah] will be a free state. Slavery here would be useless and unprofitable. I regard it generally as a curse to the masters.
- Brigham tells Horace Greeley that slavery is "of divine institution" and will persist until the curse of Ham is removed.
[49]↩︎
The reasons for the expulsion of the Latter-day Saints from Missouri is complicated. The so called "Mormon-Missouri War" was fueled by anger against the Latter-day Saints for accepting people of African descent, their opposition to slavery, religious differences, rapid Mormon settlement, political tension, land disputes, and the formation of the Mormon vigilante group, the Danites.
Inflammatory rhetoric and Governor Boggs' "Extermination Order" exacerbated the situation, while government inaction and cultural prejudices against Mormons deepened the conflict.
[50]↩︎
For example, a former Latter-day Saint, Henry Carroll, recalled that an African-American man joined the church in Kirtland. This is the earliest known instance of a person of color joining the Church. Elijah Able was baptized in 1832.
- Henry Carroll recalls "Black" Pete's activities in Kirtland.
- Biographical sketch of Elijah Able's life provided by Andrew Jenson in his Latter-day Saint Biographical Encyclopedia.
[51]↩︎
In a revelation recorded on December 16-17, 1833 Joseph Smith stated that "it is not right that any man should be in bondage one to another." This revelation was published in the 1835 edition of the Doctrine and Covenants.
- Joseph Smith reveals "it is not right that any man should be in bondage one to another."
- The 1835 D&C says "it is not right that any man should be in bondage one to another."
[52]↩︎
In July 1833, W. W. Phelps published an article in the Mormon newspaper, the Evening and Morning Star, which implied that slaves and free people of color were welcome in the Church.
Shortly afterward, the paper published an extra that stated that the Church had a policy of not admitting people of color into the Church and that this was the intention of the first article.
Missourians responded to this by destroying the printing press, tarring and feathering Bishop Edward Partridge and Charles Allen, and threatening to destroy Sidney Gilbert and Newel K. Whitney's store.
In December 1833, the Evening and Morning Star reprinted a letter from non-Mormon residents of Jackson County stating that they believed the Mormons were advocating abolitionism and slave rebellion.
[53]↩︎
In his infamous extermination order, Governor Lilburn Boggs said:
I have received . . . information of the most appalling character, which entirely changes the face of things, and places the Mormons in the attitude of an open and avowed defiance of the laws, and of having made war upon the people of this state... The Mormons must be treated as enemies, and must be exterminated or driven from the state if necessary for the public peace—their outrages are beyond all description.
- Lilburn Boggs directs John B. Clark to carry out the extermination order.
[54]↩︎
In a pamphlet explaining his presidential platform, Joseph Smith proposed to end slavery and that slave owners should be compensated for freeing slaves:
Pray Congress to pay every man a reasonable price for his slaves out of the surplus revenue arising from the sale of public lands, and from the deduction of pay from the members of Congress. Break off the shackles from the poor black man, and hire him to labor like other human beings; for “an hour of virtuous liberty on earth, is worth a whole eternity of bondage!”
- Joseph Smith lists his views on emancipation in his campaign pamphlet.
[55]↩︎
In his letter to Thomas Kane, Wilford Woodruff said:
I think your interesting visits in our midst, your travels in our encampments, your chance of observations in our families, assemblies, & Councils where the sentiments of our hearts have been freely poured out before you must all combine to convince you that the inhabitants of the State of Deseret will never sustain in any wise the institution of slavery in their midsts. We are a peaceful and industrious people, have removed to the sequestered valley of the Great Salt Lake, we do not wish to have any thing to do with the "vexed question" of slavery or any of the other exciting political questions.
- Wilford Woodruff writes a letter to Thomas L. Kane about slavery.
[56]↩︎
Orson Hyde said:
There is no law in Utah to authorize slavery, neither any to prohibit it. If the slave is disposed to leave his master, no power exists there, either legal or moral, that will prevent him. But if the slave chooses to remain with his master, none are allowed to interfere between the master and the slave. All the slaves that are there appear to be perfectly contented and satisfied. When a man in the Southern states embraces our faith, the Church says to him, if your slaves wish to remain with you, and to go with you, put them not away; but if they choose to leave you, or are not satisfied to remain with you, it is for you to sell them, or let them go free, as your own conscience may direct you. The Church, on this point, assumes not the responsibility to direct. The laws of the land recognize slavery,—we do not wish to oppose the laws of the country.
- Orson Hyde explains Utah servitude laws.
[57]↩︎
Orson Pratt said:
If a curse is pronounced by the authority of the priesthood [of the] Almighty, unless he designates the individuals to inflict it, they come into condemnation if they inflict it. For example, with Cain, the Lord cursed him with a mark, not to slavery. And if an individual undertakes to inflict that curse without being commanded by the same individual that put the curse there, he exposes himself to vengeance.
He also added:
Is it not known to this honorable council the light in which slavery is looked upon by almost every enlightened nation or heathen? They look upon it with disgust... shall we hedge up the way before us by introducing this abominable slavery? No, my voice shall be against it from this time until the bill shall pass. I look for the welfare of nations abroad who will never hear the gospel of Jesus Christ if we make a law upon this subject.
- Transcription of Orson Pratt's antislavery speech.
- In a debate about Native American servitude in Utah, Orson Pratt voices opposition.
[58]↩︎
In the draft copy of the 1850 US census, Abraham Smoot is listed as owning one slave named Lucy. In an 1899 interview with The Broad Ax Alex Bankhead recalled being enslaved by Abraham Smoot for some time, but there are no other documents that record this.
In his personal diary, apostle Charles C. Rich mentions traveling in a group that included "my negro, Dick." Among his business papers is one that is a "bond for the delevry of Richard 'Nigger Dick.'" It is unclear if Rich had any legal documents enslaving or indenturing Dick, but it appears that he believed he had some claim over him.
[59]↩︎
The draft listed Green as being owned by Brigham, but the official census does not record this. According to Amy Thiriot the Flake family sold Green's labor to Brigham in order to finance their move to California. Because of this and the recent death of his enslaver, James Madison Flake, Green may have considered himself free.
[60]↩︎
In a court testimony Brigham Young said that in the fall of 1847, Batiste (a Native American slave trader) brought a stolen Indian boy and girl to the Saint's fort, offering to sell them. When the settlers refused to buy, Batiste killed the boy and returned with the girl, whom Charles Decker, Young's son-in-law, eventually traded a gun for.
Brigham said, "A young man by the name of Charles Decker (a son in law of mine) gave Batiste a gun for the girl. she has lived in my family ever since, has fared as my children, and is as free."
- Brigham Young explains how Sally Kahpeputz Young came into his household.
[61]↩︎
In a letter to Brigham Young in 1850, Utah's territorial representative John M. Bernhisel advised him not to report enslaved individuals as slaves because of anti-slavery feelings among Congressmen in Washington D.C.
He also explained that many of Congressmen believed that slavery should not be allowed in a territory before it was allowed by law.
- John M. Bernhisel reports to Brigham on events in Washington, D.C.
[62]↩︎
In the first draft of the 1850 Census, there were 45 slaves listed (specifically in Davis, Salt Lake, and Utah counties); however, in the official copies of the 1850 Census, only 24 slaves were listed (in Salt Lake and Davis Counties).
The 1860 census records 29 slaves.
[63]↩︎
"An Act in Relation to Service" read:
That any person or persons coming to this Territory and bringing with them servants justly bound to them, arising from special contract or otherwise, said person or persons shall be entitled to such service or labor by the laws of the Territory Provided, That he shall file in the office of the Probate Court, written and satisfactory evidence that such service or labor is due.
"An Act for the Further Relief of Indian Slaves and Prisoners" read:
SEC. 1.-Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That whenever any white person within any organized county of this Territory shall have any Indian prisoner, child, or woman in his possession, whether by purchase or otherwise, such person shall immediately go, together with such Indian prisoner, child, or woman, before the Selectmen or Probate Judge of the county. If in the opinion of the Selectmen or Probate Judge the person having such Indian prisoner, child, or woman, is a suitable person, and properly qualified to raise or retain and educate said Indian prisoner, child, or woman, it shall be his or their duty to bind out the same by indenture for the term of not exceeding twenty years, at the discretion of the Judge or Selectmen.
- Utah Territorial Legislature legalizes slavery in the territory.
- 1852 Utah territorial act concerning Native American slavery.
[64]↩︎
There are only five probate records registering slaves in the territory, despite the evidence of nearly one hundred slaves in the territory from 1850-1860. The existing records are for:
- Daniel (registered to Williams Camp);
- Shepherd (registered to Diannah Camp);
- Shepherd (registered Williams Camp);
- Lucinda (sold by Abraham Smoot to Thomas S. Williams); and
- Jerry, Caroline, and Tampian (registered to Duritha Lewis).
One record in the probate records is a witness of Williams Camp's claim of ownership over Daniels. This was William Dennis witnessing Camp's claim to Shepherd.
[65]↩︎
On February 1, 1859, officials from Sanpete County, Utah, created a probate record with John Beal about Samuel, a 9- or 10-year-old boy from the Piede tribe. Samuel was to work with Beal for 10 years. Beal was to teach Samuel farming, send him to school for part of each year, and look after his needs. In return, when Samuel turned 20, Beal would give him a new Bible, a Book of Mormon, and two new outfits.
- Sanpete County records include transcription of the indenture of a Native American boy.
[66]↩︎
In the 1855 probate record of David Lewis' property, two Native American boys were listed as valuing $95. The people of color are listed at the values of $700 (a 35-year-old man), $500 (a 16-year-old woman), and $300 (an 11-year-old girl).
- David Lewis' probate record lists 2 Native American boys and 3 people of color.
[67]↩︎
John Bernhisel advised Brigham Young to list all people of African living in Utah during 1850 as free people. He explained that many congressmen and jurists in Washington D.C. opposed slavery and believed that enslaved people should not be allowed into the state until legislation positively allowing slavery was passed in the territory. This is the likely cause of the discrepancies in the 1850 and 1860 censuses.
- John M. Bernhisel reports to Brigham on events in Washington, D.C.
[68]↩︎
Enslaved individuals comprised approximately 0.2% of the population in 1850 and about 0.07% in 1860, indicating that slavery was not a significant component of Utah's economy.
[69]↩︎
The draft of the 1850 census listed:
- 24 enslaved people in Utah County (there are notes explaining that they will all be going to California)
- 21 enslaved people in Salt Lake and Davis Counties
- The 1850 US Census lists slaves listed in Utah County (draft and official).
- The draft 1850 census lists slaves in Salt Lake County and Davis County.
[70]↩︎
In the official census records sent to Washington D.C., the only enslaved people listed in the schedule 2 forms were found in Utah County. It lists 24 enslaved people and notes that they will all be traveling to California.
- The 1850 US Census lists slaves listed in Utah County (draft and official).
[71]↩︎
The 1860 US census records:
- 10 (4 female and 6 male ) enslaved people in Davis County
- 19 (7 female and 12 male) enslaved people in Salt Lake County
- 1860 US census schedule 2 for Salt Lake County includes enslaved individuals.
- US 1860 census schedule 2 for Davis County includes enslaved individuals.
[72]↩︎
The enslaved individuals registered in court were:
- Daniel—registered to Williams Camp
- Shepherd—registered to Diannah Camp
- Shepherd—registered Williams Camp
- Lucinda—sold by Abraham Smoot to Thomas S. Williams
- Jerry, Caroline, and Tampian—registered to Duritha Lewis
- Samuel—registered to John Beal
[73]↩︎
The Utah state courts website defines probate as:
Probate is the process of winding up the affairs of the person who has died (the decedent), and includes asking the court to appoint a personal representative (sometimes called an "executor") of the decedent's estate, and to determine if there is a valid will. An "estate" is the collection of real and personal property belonging to the decedent at the time of their death, as well as any debts they owed.
- Utah State Courts website explains probate.
[74]↩︎
In the 1855 probate record of David Lewis' property (his property at the time of death), two Native American boys were listed as valuing $95. The people of color are listed at the values of $700 (a 35-year-old man), $500 (a 16-year-old woman), and $300 (an 11-year-old girl).
- David Lewis' probate record lists 2 Native American boys and 3 people of color.
[75]↩︎
Some enslaved members of the Church who lived in Utah include:
- Green Flake: Baptized in 1844 and emigrated to Utah in 1847.
- John Burton: No record of his baptism has survived, but he is listed in the Parowan Ward tithing records.
- Nancy Lines Dennis: Baptized in 1857 in Lehi. She was listed as a servant in the Dennis household in the 1860 census.
- Amy: The Spanish Fork Ward records note her rebaptism in 1852 and that she was a slave in the Redd household.
- Alexander Bankhead: In an 1899 interview with the Utah newspaper The Broad Ax, Alexander is described as a faithful Mormon.
[76]↩︎
There are some records of people of color and possibly enslaved people who were baptized in Southern states for whom there are no records in Utah. These people are not included in this list of enslaved members of the Church in Utah.
[77]↩︎
A short biographical sketch for Green Flake mentioned that "he was baptized in 1844 by John Brown."
- Latter-day Saint Biographical Encyclopedia biography of Green Flake.
[78]↩︎
An early pioneer emigration list recorded Green Flake as leaving for Utah in 1847. Heber C. Kimball also noted that Green was in his company. Later biographical and newspaper articles reported that Green entered the Salt Lake Valley with the first Mormon pioneers.
[79]↩︎
Unusually, the recorders of the 1850 census in Utah listed the names of enslaved people rather than just the names of the enslavers (which was all that was required). In this census, Brigham is listed as Green's owner.
- The draft 1850 census lists slaves in Salt Lake County and Davis County.
[80]↩︎
Green Flake is listed with his wife Martha and his children Lucinda and Abram.
- The 1860 census includes Green Flake's family.
[81]↩︎
In his letter, Amasa Lyman said:
Sister Agnes Flake wishes to inquire of you if there is any chance for her to receive any help by way of the negro man she left when she came here. She has a family on her hands for which to provide. Her health is also very delicate health and if she could realize something here from this quarter it would be a benefit to her. Thomas L. Williams told me if he could he would purchase the negro and pay for him. A word from you on this subject would be received afavor.
Brigham responded:
Green Flake worked for me about a year, some time ago, & when he went into Cottonwood his health was quite feable, & from all I learn he <is> still unable even to support himself & family entirely; should he regain his health, so as to <be> able to be of any benefit to Sister Flake, I will inform you.
- Amasa Lyman, writing for Agnes Flake, asks for Green Flake to be returned.
- Brigham comments on Green Flake's health.
[82]↩︎
Brigham said, "Green Flake worked for me about a year, some time ago, & when he went into Cottonwood his health was quite feable." This is supported by the 1860 US census which lists the Flake family in Union (a town near Cottonwood).
- Brigham comments on Green Flake's health.
- The 1860 census includes Green Flake's family.
[83]↩︎
William Flake reported, "He then worked two years in Pres Young <with his wife worked for> and Heber C. Kimball, and then got his liberty and settled near Union."
- William J. Flake's submission for the Latter-day Saint Biographical Encyclopedia.
[84]↩︎
In 1850, John Burton was listed as a member of Joseph Robinson's household. His occupation is listed as "laborer."
- John Burton is listed as a member of Joseph Robinson's household in the 1850 census.
[85]↩︎
In John Burton's tithing record in the Parowan Ward's records, he is noted as African.
- The Parowan Ward's tithing records include John Burton.
[86]↩︎
There are no known documents indicating that Martha was a member of The Church of Jesus Christ of Latter-day Saints; however, as the Century of Black Mormons project website points out, "The assumption that she was LDS is based on the fact that her husband and children were LDS, but to date no record of her LDS membership has been found."
- Amy Thiriot's biography of Martha Morris.
- Century of Black Mormons project provides biographical sketch of Martha Ann Morris.
[87]↩︎
In the record of the John Bankhead family emigration record, it is noted that they are bringing four Black female servants. These women are not named, but Martha likely was one of them. Martha is not recorded in the 1850 census, so it is unclear if she was still enslaved at that time.
- List of John Bankhead's family in a wagon company roster includes 11 "servants" (slaves).
[88]↩︎
The 1860 U.S. census lists Green and Martha as living in Salt Lake County.
- Martha Ann Morris is listed in Green Flake's household in the 1860 census.
[89]↩︎
Nancy's baptismal record lists her parents as Jeremiah and Mary Ann White and that she was born in White County, Tennessee on July 4, 1816.
- Lehi Ward records include baptismal record for Nancy Lines Dennis.
[90]↩︎
Nancy is listed in the Schedule 1 portion of the census, which could suggest that she had been freed from enslavement by that date; however, her occupation as a servant within the Dennis household makes this unclear.
- US 1860 Census includes entry for Nancy Lines Dennis.
[91]↩︎
Nancy's burial record did not record her date or place of birth, but did indicate that she was a "Negro."
- Record of Nancy Dennis' burial in Spanish Ford indicating that she was a "Negro".
[92]↩︎
Betty is listed as 11 years old in 1848 and is the only person of color listed with John Brown's family.
- List of members of John Brown's pioneer company of 10.
[93]↩︎
Betsy Brown was rebaptized on April 12, 1857, and her record notes that she was "colored."
- Entry for Betty Brown's rebaptism in the Lehi Ward's records indicates that she is "colored".
[94]↩︎
Marinda was recorded as 18 years old in 1850.
- The draft 1850 census lists slaves in Salt Lake County and Davis County.
[95]↩︎
The other members of the household are Luke Redd and Venus.
- The 1860 Census includes entry for Marinda Redd.
[96]↩︎
In her rebaptism record, Marinda is described as a servant of John H. Redd.
- Spanish Fork Ward records include rebaptism records for Marinda Redd and Amy.
[97]↩︎
The Broad Ax article described Marinda this way:
Mrs. Bankhead was born in North Carolina, not very far from Newburn. She was the property of a gentleman by the name of Redd. She, in company with a number of other slaves, were on their way to Utah; and while passing through the State of Kansas, during the dark hours of the night, the majority of them made good their escape, which was a great loss to their owner. But Mrs. Bankhead was not so successful in that direction, and she was brought on to Utah. After residing in this city for some years, she finally was transferred to Dr. Pinney, of Salem. In the course of time she married Mr. Bankhead... She belongs to the Ladies' Relief. Society of her Ward, and takes an active part with her white sisters in all work of that character.
- Broad Ax reports on Alex Bankhead and Marinda Redd's time as slaves and Mormons in Utah.
[98]↩︎
In the draft of the 1850 U.S. census for Davis County, an "Ama" is listed after Marinda among the enslaved people in the John H. Redd household. This seems to be the Amy, whose baptism was recorded alongside Marinda Redd in 1852.
- The draft 1850 census lists slaves in Salt Lake County and Davis County.
- Spanish Fork Ward records include rebaptism records for Marinda Redd and Amy.
[99]↩︎
Amy's rebaptism was listed with Marinda. She was noted as a servant of John H. Redd.
- Spanish Fork Ward records include rebaptism records for Marinda Redd and Amy.
[100]↩︎
The Spanish Ford Ward records place Amy's death in 1854.
- Record of Amy's death.
[101]↩︎
In pioneer emigration records found in a Nauvoo City Court docket book, the Bankhead family is listed as traveling with seven servants. The Bankheads were part of the Mississippi Company made up of Southern Saints.
- List of John Bankhead's family in a wagon company roster includes 11 "servants" (slaves).
[102]↩︎
Alexander is listed under John H. Bankhead on the 1850 census schedule 2. He is recorded as 23 years old.
- The draft 1850 census lists slaves in Salt Lake County and Davis County.
[103]↩︎
A single piece of paper among Brigham Young's office papers lists five individuals. While there is no information describing who these people are, their names match those of enslaved individuals owned by the Bankheads. Alexander is the last name on this list.
- List of enslaved individuals in Brigham's papers.
[104]↩︎
The Broad Ax article says:
Mr. Bankhead belonged to the famous family of Bankheads of Alabama; and several male members of that family became converts to Mormonism. And when they came to the Territory they brought their slaves with them. Two or three members of the family located at Wellsville; and some of their ex-slaves, who still reside in that place and Corinne, assumed the names of their masters... Mr. and Mrs. Bankhead now own a little home, including twenty acres of land. They are both devout and strict Mormons.
- Broad Ax reports on Alex Bankhead and Marinda Redd's time as slaves and Mormons in Utah.
[105]↩︎
The Spanish Fork Press made this announcement of Alex's death:
Alex Bankhead died January 9th and was buried the 11th. Uncle Alex, as he was some times called, was an inoffensive creature, minding his own business and interfering with the rights of no one, and though his skin was not as fair as ours he was a good old citizen, and a large number turned out to show their last respects and convey his body to its last resting place. Rest in peace.
- The Spanish Fork Press announces Alex Bankhead's death.
[106]↩︎
The Salt Lake Temple's cornerstone was laid in 1853 and faced significant challenges, including the rebuilding of its foundation with granite in 1862. The building process involved skilled laborers, including craftsmen and stonecutters, who utilized materials like granite from Little Cottonwood Canyon. Despite numerous alterations and adaptations, the temple was ultimately completed and dedicated in 1893.
Many of the workers who helped build the Salt Lake Temple were recent emigrants with skills in stonework and construction. They were employed by the Church's Public Works office.
- Leonard J. Arrington describes the Church's Public Works Department that employed people for building the Salt Lake Temple and other structures.
[107]↩︎
Historian Amy Thiriot said, "Most donations from Southerns directly or indirectly involved enslaved labor."
She also noted that records from enslavers' trips to Nauvoo, tithing records, and records from Utah "suggest that enslavers preserved the labor of their workers for agricultural production rather than donating their labor to the church or community."
- Amy Tanner Thiriot describes the tithings and consecration documents of Latter-day Saint slave owners.
[108]↩︎
Slavery was a common practice across all cultures of the ancient Near East (Egypt, Palestine, Assyria, Babylon, etc.) and throughout time.
- Historian Isaac Mendelsohn states that slavery existed in the ancient Near East.
[109]↩︎
Slave laws in the Mosaic include:
- Exodus 12:44
- Exodus 20:10
- Exodus 21:1-11, 20-21, 26-27
- Exodus 22:1-3
- Exodus 23:12
- Leviticus 25:39-55
- Deuteronomy 5:14-15
- Deuteronomy 15: 12-18
- Deuteronomy 21:10-14
- Deuteronomy 23:15-16
Enslaved persons play influential roles specifically in Genesis:
- Genesis 24: Abraham's servant searches for a wife for Isaac.
- Genesis 30:1-12: Jacob's wives Leah and Rachel give Jacob their slaves (Bilhah and Zilpah) to Jacob as concubines.
- Genesis 37:12-36: Joseph is sold as a slave into an Egyptian household.
Prophets also occasionally commented on slavery:
- Jeremiah 34:8-22
- Amos 2:6
[110]↩︎
The Greek verb δουλεύω (dooleo) "to be a slave" and the noun δοῦλος (doolos) "slave" are found throughout the New Testament. In the KJV they are often translated as serving and servant (for example Matthew 6:24 and Romans 1:1).
A second word for a household slave, οἰκέτης (oiketes) also appears in five places in the New Testament (Luke 16:13, Acts 10:7, Romans 14:4, 1 Peter 2:18).
[111]↩︎
Historian Damian Pagras explains:
Scholars increasingly underscore slavery as a global practice that has existed in innumerable world societies. Historians and anthropologists working on communities as far apart in time and space as ancient Babylonia, medieval Venice, Chos ̆on Korea, the nineteenth-century American South, and twentieth-century West Africa have devoted considerable ink to illuminating local and regional case studies of slavery in extremely diverse settings. To be sure, practices of slavery differed widely across time and space, and categorization in some settings has proved difficult—scholars indeed continue to disagree on what constituted “slavery” in some localized settings.
- Damian A. Pagras notes that slavery differs across time and cultures.
[112]↩︎
The slave systems in the ancient Near East (the cultural background of the Hebrew Bible) and Roman Empire (the predominant culture during the New Testament), though unique in some respects, shared key similarities. People became enslaved due to debt, war capture, crime, or birth in both cultures.
Historians Seth Richardson and Noel Lenski note that slaves in Old Babylon and Rome could hold significant household roles, despite their lower status. The treatment of slaves varied widely, from harsh to mild, showing another parallel. Importantly, these slavery systems were not racially motivated, differentiating them from other historical forms of slavery.
- Seth Richardson describes Mesopotamian slavery.
- Historian Noel Lenski describes Roman slavery.
[113]↩︎
This recollection was over 40 years after the fact, but William Flake recorded:
In 1851, his mother [Agnes Flake] and family went with C. C. Rich and A. M. Lyman to settle San Bernardino. Previous to going she gave her negro slave Green Flake (one of the Pioneers of 1847) to the Church as tithing. He then worked two years in Pres Young <with his wife worked for> and Heber C. Kimball, and then got his liberty and settled near Union.
- William J. Flake's submission for the Latter-day Saint Biographical Encyclopedia.
[114]↩︎
The earliest record of Green Flake enslaved to Brigham Young is the draft of the 1850 US census, not 1851 as William J. Flake recalled.
Additionally, in 1854, Amasa Lyman asked Brigham, on behalf of Agnes Flake, to sell Green and to send the proceeds to Agnes. It is unlikely that Agnes would have made this request if she had already given Green to Brigham Young as tithing in 1851.
In his letter Amasa Lyman said:
Sister Agnes Flake wishes to inquire of you if there is any chance for her to receive any help by way of the negro man she left when she came here. She has a family on her hands for which to provide. Her health is also very delicate health and if she could realize something here from this quarter it would be a benefit to her. Thomas L. Williams told me if he could he would purchase the negro and pay for him. A word from you on this subject would be received afavor.
- The draft 1850 census lists slaves in Salt Lake County and Davis County.
- Amasa Lyman, writing for Agnes Flake, asks for Green Flake to be returned.
[115]↩︎
Historian Amy Tanner Thiriot explained:
William J. Flake reported more than forty years later that his mother donated Flake as tithing, but no known record confirms that Agnes understood tithing to be involved in the transaction, and the laws and customs of Southern slaver, the provisions of An Act in Relation to Service, the memories shared by Green Flake's family, and Amasa Lyman's letter contradict William Flake's childhood memory. Although Green Flake left no record of his understanding of the entire incident, his relationship with Brigham Young continued to be an important part of his family's heritage. Many years after both men died, a granddaughter recalled, "Green shed tears at the death of Brigham Young and helped dig his grave and was at the funeral of the beloved President."
- Historian Amy Tanner Thiriot summarizes how Green Flake became enslaved to Brigham Young.
[116]↩︎
According to historian Amy Tanner Thiriot, Southerners who owned slaves played a role in the construction of the Nauvoo temple in Illinois, before the Latter-day Saints settled in the Great Salt Lake Valley. These enslavers often donated cash or produce derived from the efforts of enslaved labor, but the direct labor of the enslaved was not used for temple work.
In the mid-1850s, many members symbolically consecrated their property to the church, often without listing enslaved individuals as property, with only two known instances of slaves appearing in consecration deeds. This suggests that while monetary donations were readily accepted, enslaved individuals were rarely considered or recorded as property in the symbolic consecration deeds.
- Amy Tanner Thiriot describes the tithings and consecration documents of Latter-day Saint slave owners.
[117]↩︎
However, there are two instances of Latter-day Saint consecration documents listing slaves:
1. William Taylor Dennis listed "1 African Servant Girl 500.00"
2. John Brown listed "1 African Servant Girl 1000.00"
Consecration during the early Utah period was a symbolic action. Members who consecrated property to the Church did not actually give ownership to the Church, so while these two women were listed in consecration deeds they were not owned by the Church.
[118]↩︎
Doctrine & Covenants 101:79 says, "Therefore, it is not right that any man should be in bondage one to another."
- In a revelation, Joseph Smith said that no one should be in bondage to another.
[119]↩︎
In Alma 27:9, Ammon states that slavery is illegal among the Nephites:
But Ammon said unto him: It is against the law of our brethren, which was established by my father, that there should be any slaves among them; therefore let us go down and rely upon the mercies of our brethren.
- The king of the Anti-Nephi-Lehis says his people will be slaves to the Nephites.
[120]↩︎
20 And after I had done this, I went forth unto the treasury of Laban. And as I went forth towards the treasury of Laban, behold, I saw the servant of Laban who had the keys of the treasury. And I commanded him in the voice of Laban, that he should go with me into the treasury.
21 And he supposed me to be his master, Laban, for he beheld the garments and also the sword girded about my loins.
22 And he spake unto me concerning the elders of the Jews, he knowing that his master, Laban, had been out by night among them.
. . .
30 And it came to pass that when the servant of Laban beheld my brethren he began to tremble, and was about to flee from before me and return to the city of Jerusalem.
31 And now I, Nephi, being a man large in stature, and also having received much strength of the Lord, therefore I did seize upon the servant of Laban, and held him, that he should not flee.
32 And it came to pass that I spake with him, that if he would hearken unto my words, as the Lord liveth, and as I live, even so that if he would hearken unto our words, we would spare his life.
33 And I spake unto him, even with an oath, that he need not fear; that he should be a free man like unto us if he would go down in the wilderness with us.
- Nephi interacts with Zoram (a servant of Laban).
[121]↩︎
15 For behold, we are in bondage to the Lamanites, and are taxed with a tax which is grievous to be borne. And now, behold, our brethren will deliver us out of our bondage, or out of the hands of the Lamanites, and we will be their slaves; for it is better that we be slaves to the Nephites than to pay tribute to the king of the Lamanites.
- Limhi says it is better to be slaves to the Nephites than to pay tribute to the Lamanites.
[122]↩︎
8 And the king said unto him: Yea, if the Lord saith unto us go, we will go down unto our brethren, and we will be their slaves until we repair unto them the many murders and sins which we have committed against them.
9 But Ammon said unto him: It is against the law of our brethren, which was established by my father, that there should be any slaves among them; therefore let us go down and rely upon the mercies of our brethren.
- The king of the Anti-Nephi-Lehis says his people will be slaves to the Nephites.
[123]↩︎
11 And Moroni was a strong and a mighty man; he was a man of a perfect understanding; yea, a man that did not delight in bloodshed; a man whose soul did joy in the liberty and the freedom of his country, and his brethren from bondage and slavery;
- Captain Moroni finds joy in keeping his people out of slavery.
[124]↩︎
7 Or in other words, yield yourselves up unto us, and unite with us and become acquainted with our secret works, and become our brethren that ye may be like unto us—not our slaves, but our brethren and partners of all our substance.
- Giddianhi invites the Nephites to become Gadianton Robbers.
[125]↩︎
4 And it shall come to pass, after many days, slaves shall rise up against their masters, who shall be marshaled and disciplined for war.
- Joseph Smith prophesies that slaves will rise up against their masters.
[126]↩︎
79 Therefore, it is not right that any man should be in bondage one to another.
- In a revelation, Joseph Smith said that no one should be in bondage to another.
[127]↩︎
12 I prophesy, in the name of the Lord God, that the commencement of the difficulties which will cause much bloodshed previous to the coming of the Son of Man will be in South Carolina.
13 It may probably arise through the slave question. This a voice declared to me, while I was praying earnestly on the subject, December 25th, 1832.
- Joseph Smith prophesies that violence will begin in South Carolina related to the slave question.
[128]↩︎
12 We believe it just to preach the gospel to the nations of the earth, and warn the righteous to save themselves from the corruption of the world; but we do not believe it right to interfere with bond-servants, neither preach the gospel to, nor baptize them contrary to the will and wish of their masters, nor to meddle with or influence them in the least to cause them to be dissatisfied with their situations in this life, thereby jeopardizing the lives of men; such interference we believe to be unlawful and unjust, and dangerous to the peace of every government allowing human beings to be held in servitude.
- LDS proclamation on government says that it is not right to interfere with "bond-servants."
[129]↩︎
The "Race and the Priesthood" essay reads:
The justifications for [the priesthood] restriction echoed the widespread ideas about racial inferiority that had been used to argue for the legalization of black “servitude” in the Territory of Utah. . .Black servitude was sometimes viewed as a second curse placed upon Noah’s grandson Canaan as a result of Ham’s indiscretion toward his father. Although slavery was not a significant factor in Utah’s economy and was soon abolished, the restriction on priesthood ordinations remained.
- Gospel Topics Essay "Race and the Priesthood" recognizes slavery was legal in Utah territory.

Issue	"An Act in Relation to Service"	"Act for the Relief of Indian Slaves and Prisoners"	U.S. Southern Slave Codes[22]
Education	Required to give slaves 18 months of education.[23]	Required sending Native American slaves to school for three months each year.[24]	Illegal to educate enslaved persons.[25]
Assembly	N/A	N/A	The assembly of enslaved persons was heavily regulated.[26]
Offspring	Only to be indentured if their parents' debts were not yet paid off.[27]	N/A	Slave status inherited.[28]
Travel	N/A	N/A	Restricted travel.[29]
Property	N/A	N/A	Limited property rights.[30]
Punishment	Restrictions on punishments.[31]	N/A	Various punishments were encoded into law including whippings, mutilation, and death.[32]
Family Separation	Consent is required from the slave to transfer ownership.[33]	N/A	Children born to enslaved mothers belong to the master of their mother.[34] Enslaved families were not protected from separation.[35]
Miscegenation[36]	Slave owners are forbidden from having sexual intercourse with slaves.[37]	N/A	Marriages between white and Black individuals were legally prohibited.[38]

Contributing Factors	Commentary
Immigration of Enslavers and Enslaved People	By 1850, several Latter-day Saint families from Southern states had emigrated to Utah with enslaved individuals in their households.[42]
Native American slavery	Brigham Young[BIO] and other Latter-day Saints reported that slavery was common among Native Americans,[43] and they believed that buying them and placing them in indentured servitude could save them.[44]
Biblical curse of servitude	Brigham Young believed that people of African descent were descendants of Ham and Canaan and were under the curse found in Genesis 9:25,[45] and because of this, they were destined to be the "servants of servants" until the curse of Ham was removed.[46]
An interim step toward Utah as a free state.	Before slavery was legalized, some Latter-day Saint leaders had stated that they were avoiding the question of permitting or prohibiting slavery,[47] and Brigham Young stated that Utah would become a free state.[48]

Record	Number of Enslaved People
U.S. 1850 Census (unofficial)[69]	45
U.S. 1850 Census (official)[70]	24
U.S. 1860 Census[71]	29
Slave Registrations (in probate records)[72]	8
Probate records[73][74]	5

Name	Notes
Green Flake[BIO]	Green Flake was baptized in 1844[77] and was sent to Utah in the advance party.[78] He appears in Brigham Young's household in the draft of the 1850 census,[79] but in the 1860 census, he is listed among the free inhabitants of Utah territory.[80] Amasa Lyman[BIO] wrote to Brigham Young on behalf of Agnes Flake[BIO] asking him to sell Green and send them the money, but Brigham refused saying that Green was in poor health.[81] Brigham noted that Green had worked for him for a year before moving to Cottonwood, Utah.[82] In the 1890s, Agnes Flake's son William[BIO] recalled that Green worked for Brigham Young and Heber C. Kimball for two years until he was freed.[83]
John Burton[BIO]	John is listed as a member of the Robinson household in Iron County, Utah Territory, in the 1850 census.[84] He is later listed as a tithe payer in the Parowan Ward records.[85]
Martha Morris[BIO]	Martha Morris was probably a Latter-day Saint, although no historical record has been found to confirm her membership.[86] She likely came to Utah with the Bankhead family.[87] She was married to Green Flake and they lived in Union, Utah.[88]
Nancy Lines Dennis[BIO]	Nancy Lines Dennis was baptized in Lehi, Utah, in 1857.[89] Nancy was listed as a servant in the Dennis household in the U.S. 1860 census.[90] She died in 1877 and was buried in Spanish Fork.[91]
Betsy Brown Fluellen[BIO]	Betsy Brown was listed with the Brown family in the John Brown[BIO] Pioneer Company, which traveled to Utah in 1848.[92] There is no record of her baptism, but the Lehi Ward notes her rebaptism.[93]
Marinda Redd Bankhead[BIO]	In the 1850 census, Marinda was listed as living in Utah territory as part of the Redd household.[94] In the 1860 census, she is listed as living with two individuals who were also indicated as enslaved in the Redd household in 1850.[95] The Spanish Fork Ward records note that she was rebaptized in 1852.[96] In 1899, the newspaper The Broad Ax (a progressive African American newspaper established in Utah in 1895) reported that Marinda was a "devout and strict Mormon."[97]
Amy[BIO]	Amy is listed among the Redd's slaves in 1850.[98] Her rebaptism[99] and death[100] are recorded in the Spanish Fork Ward records.
Alexander Bankhead[BIO]	Alexander Bankhead likely came to Utah with the Bankhead family.[101] He is listed in the Bankhead household in the 1850 census.[102] He seems to appear on a short list of enslaved individuals among Brigham Young's papers.[103] An article from The Broad Ax described Alexander and his wife Marinda as early residents of the territory and faithful Latter-day Saints.[104] He died in January 1902.[105]

Restoration Scripture	Description of Slavery
1 Nephi 4:20-37[120]	Nephi deceives a "servant" into opening his "master's" treasury and that he would be made a "free man" if he followed Nephi's family.
Mosiah 7:15[121]	King Limhi says it is better to be "slaves" to the Nephites than to pay tribute to the Lamanites.
Alma 27:8-9[122]	The king of the people of Anti-Nephi-Lehi says that his people will go to the Nephites and be their "slaves". Ammon informs him that slavery is forbidden by Nephite law.
Alma 48:11[123]	Captain Moroni finds joy in keeping his people out of "bondage and slavery".
3 Nephi 3:7[124]	Giddianhi invites the Nephites to join the Gadianton robbers, not as "slaves" but as "our brethren and partners."
D&C 87:4[125]	Joseph Smith prophecies that war will start after a slave uprising.
D&C 101:79[126]	In a revelation, Joseph Smith says that it is not right for anyone to be "in bondage."
D&C 130:12-13[127]	Joseph Smith prophecies that violence leading up to the Second Coming will begin in South Carolina, most likely regarding slavery.
D&C 134:12[128]	An 1835 declaration on government by the Church of Jesus Christ of Latter-day Saints says that it is not right to interfere with "bond-servants" or to preach to them without their "masters'" permission.