Georgia’s laws were formally codified in 1861 by
Thomas Cobb, a lawyer and slaveholder who died at the Battle of Fredericksburg in 1862. It was the first formal codification of state common law in the United States. It was also racist. In the original code, African Americans were assumed to be enslaved unless they could prove free status. Georgia’s Citizen’s Arrest statues were first entered into the Law Code of Georgia in 1863.
Thomas Cobb was the author of
An Inquiry into the Law of Negro Slavery in the United States of America (1858). In the book, Cobb argued “[T]his inquiry into the physical, mental, and moral development of the negro race seems to point them clearly, as peculiarly fitted for a laborious class. The physical frame is capable of great and long-continued exertion. Their mental capacity renders them incapable of successful self-development, and yet adapts them for the direction of the wiser race. Their moral character renders them happy, peaceful, contented and cheerful in a status that would break the spirit and destroy the energies of the Caucasian or the native American” (46). Cobb’s views on race and slavery shaped the Georgia legal code.
The Code Law Code of Georgia was heavily
revised after the 1865 passage of the Thirteenth Amendment ended slavery in the United States, and has been revised and reenacted a number of times during the last 150 plus years. However, the Civil War era citizen’s arrest provision remains.
In 1863, when the citizen’s arrest provision was added to the Law Code, slavery and Georgia law enforcement were in serious disarray. Georgian units in the Confederate army were primarily stationed in Virginia. The Union army was preparing to invade the state from Tennessee. Enslaved Africans were fleeing plantations to join Union forces. Confederate deserters were hiding in inaccessible Appalachian counties in the north and swamp regions of the south. With its criminal justice system in a state of collapse, the 1863 code revision empowered white Georgians to replace law enforcement and slave patrols to keep the enslaved Black population under control.