Barry...

I haven't had time to run down the 1860 legislation mentioned in the archives, but I found some things that might shed some light. The Alabama Slave Code of 1833 (30, section 9, p. 386) states: "...after the first day of February next, it shall not be lawful for any free person of color to settle within the limits of this state; and should any free person of color, after this time, settle in this state, he, she, or they shall, on notice of the act, depart within 30 days, or shall be liable on conviction before any justice of the peace, to receive 39 lashes..."

There are also examples of petitions of free people of color to be allowed to return to slavery when they could not take care of themselves, or could not "enjoy themselves." (see: http://uncg.edu/slaverypetitions/transcriptions/11385806.htm) Free persons of color were also prohibited from associating with slaves which may have left some of them feeling very isolated. The Alabama Constitution of 1861 also stated that "...in no case shall citizenship be extended to any person who is not a free white person..." (Section 5, No. 2).

I'm sure the 1860 legislation was probably in a similar vein. I am just guessing, but a free person of color probably had to leave the state of Alabama in 1860, unless he returned to slavery. I would also imagine this would probably include many free blacks who had been born and raised in Alabama and who did not want to leave.

Hope this helps.

John