The Fugitive Slave Law and Its Victims Part 4

A regiment of Ma.s.sachusetts Infantry had been posted on Boston Common, under command of Col. Benjamin Franklin (!) Edmands, from an early hour of the day, in antic.i.p.ation of the Commissioner's decision. These troops, which had been called out by the Mayor, Jerome V.C. Smith, were marched to the scene of the kidnapping, and so placed as to guard every street, lane, and other avenue leading to State Street, &c., the route through which the slave procession was to pa.s.s. No individual was suffered to pa.s.s within these guards; but acts of violence were committed by them on several individuals.

Court Square was occupied by two companies of United States troops, (chiefly Irishmen,) and a large field-piece was drawn into the centre. All preparations being made, Watson Freeman (United States Marshal) issued forth from the court-house with his prisoner, who walked with a firm step, surrounded by the body-guard of criminals before mentioned, with drawn United States sabres in their hands, and followed by United States troops with the aforesaid piece of artillery. Preceded by a company of Ma.s.sachusetts mounted troops, under command of Colonel Isaac H. Wright, this infamous procession took its way down Court Street, State Street and Commerce Street, (for the proprietors of Long Wharf refused to allow them to march upon their premises, through a public highway in all ordinary cases,) to the T Wharf, where the prisoner was taken on board a steam tow-boat, and conveyed down the harbor to the United States Revenue Cutter Morris; in which he was transported to Virginia.

It may not be amiss to have given, in a single instance, this somewhat detailed account of the process of seizing, trying, and delivering up a man into slavery, whose only crime was that he had fled from a bondage "one hour of which is fraught with more misery than ages of that which our fathers rose in rebellion to throw off," Thomas Jefferson, the Virginian slaveholder, himself being witness.

Anthony Burns, having been sold into North Carolina, was afterwards purchased with money subscribed in Boston and vicinity, for the purpose, and returned to Boston.

The _illegality_ of the Mayor's conduct in ordering out the military, and giving to the Colonel of the regiment the entire control of the same, was fully shown by different and highly competent writers, among whom was P.W. Chandler, Esq., whose two articles, in the _Boston Advertiser_, deserve to be remembered with respect. The Mayor's excuse was that he desired to _keep the peace_. But these Ma.s.sachusetts troops received pay for their day's work from the United States Government. Judge h.o.a.r, in a charge to the Grand Jury, declared the act of the Mayor, in calling out the militia, to be an infraction of law.

STEPHEN PEMBROKE, and his two sons, _Robert_ and _Jacob_, 19 and 17 years of age, were arrested in New York almost simultaneously with the seizure of Burns in Boston; claimed as the slaves of David Smith and Jacob H. Grove, of Sharpsburg, Washington County, Maryland. They escaped May 1st, and came to New York, followed closely by their masters, who discovered their retreat in Thompson Street, and pounced upon them by night. At 8-1/2 o'clock, next morning, they were taken before United States Commissioner G.W. Morton, "where the case came up for the most summary and hasty hearing that has ever characterized our judicial proceedings." Dunning and Smith were counsel for the masters, but the fugitives had no counsel; and the hearing was finished, and a warrant granted to the slave claimants before the matter became known in the city. When Mr. Jay and Mr. Culver hastened to the court-room to offer their services to the prisoners, as counsel, they were a.s.sured by officers, _and by Commissioner Morton himself_, that the men wanted no counsel, and were not in the building. On search, however, it was found they were in the building, locked up in a room. They said they desired counsel and the aid of friends. A writ of _habeas corpus_ was obtained, but before it could be served the three men had been removed from the State, and were on their way to Baltimore. [See the published. Card of E.D. CULVER, Esq.]

Stephen Pembroke was the brother, and his sons the nephews of Rev. Dr. Pennington, of New York City, Pastor of a Presbyterian (colored) Church. Stephen Pembroke was purchased and brought back to New York, ($1,000 having been contributed for that purpose,) and related his experience of the slave's life, at a public meeting, held in the Broadway Tabernacle, July 17, 1854. His sons had been sold, and remained in slavery.

JAMES COTES, free man of color, residing in Gibson County, Indiana, went to Jeffersonville, (Ind.,) to take the cars for Indianapolis. On going to the depot, at 6, A.M., for the morning train, he was knocked down, "beat over the head with a brick-bat, and cut with a bowie-knife, until subdued. He was then tied, and in open daylight in full view of our populace, borne off bleeding like a hog." He was undoubtedly taken to the jail, in Louisville. On crossing the river to Louisville he met the captain of a steamboat, who knew him to be a free man. (About June 1, 1854.) The kidnapper was arrested and held to bail in the sum of $1,000, to take his trial at next Circuit Court.

_Near Cedarville, Ohio, May 25, 1854_, about noon, "a colored man, of middle age and respectable appearance, was walking on the Columbus and Xenia turnpike. He was alone. A man in a buggy overtook him, and invited him to ride, saying he was a friend to the colored man, and promising to a.s.sist him in obtaining his liberty." He took the colored man to the house of one Chapman, "three miles south of Selma, in Greene county." There Chapman and the other, (whose name was William McCord,) fell upon the colored man, struck him with a _colt_ upon the head, so that he bled severely, and bound his hands behind him. "Soon after the negro got loose and ran down the road; McCord ran after him, crying 'Catch the d----d horse thief,' &c., Chapman and his son following; negro picked up a stone, the man a club and struck him on the head, so that he did not throw the stone. He was then tied, and helped by McCord and Chapman to walk to the buggy. McCord asked Chapman, the son, to accompany him to Cincinnati with the colored man, promising to give him half the reward ($200) if he would. They then started, driving very fast." "We had not gone over two or three miles," said Chapman, "before the negro died, and after taking him two or three miles further, put him out, and left him as now discovered,"--viz. in a thick wood, one mile south of Clifton. The above facts are taken from the testimony given at the coroner's inquest over the body. "The jury gave in substance the following verdict:--Deceased came to his death by blows from a colt and club in the hands of one William McCord, a.s.sisted by the two Chapmans." Chapman, the son, said that McCord made him a proposition to join and follow kidnapping for a business, stating that he knew where he could get four victims immediately. McCord was taken and lodged in Xenia jail. The Chapmans bound over to take their trial for kidnapping.--_Wilmington (Ohio) Herald of Freedom_.

_Columbus, Indiana._ A Kentuckian endeavored to entice a little negro boy to go with him, and both were waiting to take the cars, when mischief was suspected, and a crowd of people proceeded to the depot, and made the kidnapper release his intended victim. (June, 1854.)--_Indiana Free Democrat_.

---- BROWN, a resident of Henderson, Kentucky, was arrested for aiding four female slaves to escape from Union County, Kentucky, to Canada. United States Marshal Ward and Sheriff Gavitt, of Indiana, made the arrest. He was lodged in Henderson jail.--_Evansville (Ind.) Journal_, June 2, 1854.

Several Kentucky planters, among them Archibald Dixon, raised $500 in order to secure Brown's conviction and sentence to penitentiary.

[Transcriber's note: The following note appears as a footnote to this section without specific reference to any of the cited cases.]

--> The case of SOLOMON NORTHUP, though not under the Fugitive Law, is so striking an ill.u.s.tration of the power which created that law, and of the constant danger which impends over every colored citizen of the Northern States, fast threatening to include white citizens also, that it must not he pa.s.sed over without mention. He was kidnapped in 1841, from the State of New York, and kept in slavery twelve years.

Two men, named Merrill and Russell, were arrested and tried as his kidnappers, and the fact fully proven. But the case was got into the United States Courts, and the criminals went unpunished. [end of note]

_Nine slaves_ left their masters in Boone County, Kentucky, on Sunday, June 11, 1854, having three horses with them.

Arrived at the river, they turned the horses back, and taking a skiff crossed at midnight to the Ohio sh.o.r.e. After travelling two or three miles, they hid during Monday in a clump of bushes. At night they started northward again. A man, named John Gyser, met them and promised to a.s.sist them.

He took them to a stable, where they were to remain until night. He immediately went to Covington, Kentucky, learned that $1,000 reward was offered for their apprehension, and gave information of their place of concealment. At evening a strong band of Kentuckians, with United States Deputy Marshal George Thayer, a.s.sisted by three Cincinnati officers, surrounded the stable and took the nine prisoners, on a warrant issued by United States Commissioner Pendery. They were all given up to their claimants, and taken back to Kentucky.

_A New Orleans correspondent of the New York Tribune_, in a letter dated July 3, 1854, writes, "During a recent trip up the river I was on several steamers, and on every boat they had one or more runaway slaves, who had been caught and were being taken in _irons_ to their _masters_."

_On the Steamer Alvin Adams_, at Madison, Indiana, a man was arrested as a fugitive and taken to Louisville, Kentucky.

He was claimed as the slave of John H. Page, of Bowling Green. The _Louisville Journal_, edited by a Northern man, stigmatised him as a "rascal," for his attempt to be free.

(July, 1854.)

_Two colored men_, on their way to Chicago, were seized and taken from the cars at Lasalle, Illinois, by three men, who said they were not officers. The colored men were known to be free; one was "a respectable resident of Chicago." Some of the pa.s.sengers interfered; but it being night, and very dark, and the cars starting on the colored men were left in the hands of their kidnappers.

_Chicago, Illinois._ Three men from Missouri, with a warrant from the Governor of that State, to take a certain fugitive slave, seized a man whom they met in the street, bound him with a handkerchief, and to quicken his steps beat him with the b.u.t.t of a pistol. He succeeded in shaking off his captors and fled, a pistol-bullet being sent after him, which did not hit him. He made good his escape. The men were arrested and held to trial for a.s.sault with deadly weapons. By an extraordinary conspiracy on the part of District Attorney Hoyne, Sheriff Bradley, and others, these men were taken from jail to be carried to Springfield, Illinois, two hundred miles distant, to appear before Chief Justice Treat, that he might inquire "whether said alleged kidnappers were justly held to bail and imprisoned." It was so suddenly done that the counsel for the kidnapped man and for the State of Illinois had not time to reach Springfield before the men were discharged and on their way to Missouri. The Grand Jury of the County (in which Chicago is) had found a true bill against them, of which the Sheriff professed to be ignorant, (which was deemed hardly possible,)--under which bill they would probably have been convicted and sentenced to the State Prison. Thus the omnipotent Slave Power reaches forth its hand into our most Northern cities, end saves its minions from the punishment which their lawless acts have justly merited.--_Chicago Daily Tribune_, Sept. 21, 1854.

--> The three kidnappers published a statement in the _St. Louis Republican_ of September 26.

HENRY Ma.s.sEY, at Philadelphia, September, 1854, was brought before United States Commissioner E.D. Ingraham, claimed by Franklin Bright, of Queen Anne's County, Maryland, as his slave. Arrested in Harrisburg.

HARVEY, arrested near c.u.mminsville, Ohio,--escaped,--taken again in Goshen, about ten miles from Cincinnati, and lodged in the jail of that city. An investigation of the case was had before United States Commissioner Pendery, and the slave remanded to the custody of his master.--_Cincinnati Commercial_, September 22, 1854.

_Byberry, Pennsylvania, September 18, 1854._ A carriage load of suspicious looking men came to this place in the afternoon. They waited until nightfall, when they burst into the house of a colored family, "seized the man in presence of his wife and another woman, threatening to shoot them if they interfered--dragged him out, beating him over the head with a mace. The poor fellow continued to scream for help until his voice was stifled by his groans; they forced him into their carriage and drove off, before any effectual a.s.sistance could be offered." He was a sober and industrious man, and much respected. His wife was left heartbroken, with one child.--_Norristown (Pa.) Olive Branch_.

_The Frankfort (Ky.) Yeoman_, of November 18, 1854, said:--"Kidnapping free negroes in Ohio, and deluding our slaves from their masters to recapture and sell them, is an established profession of a gang located upon the borders of the Ohio River, combining with negro-traders in the interior of this State." The names of some employed in this business are given, two of whom, having been arrested and imprisoned, threatened to burn the city of Frankfort for interrupting their business.

JANE MOORE, a free colored woman, at Cincinnati, November, 1854, seized in the house of her sister, (Sycamore Street,) beaten, and with the help of a deputy marshal from Covington, Kentucky, carried over to Covington, and lodged in jail, on pretence of her being a fugitive slave. She was taken before the Mayor of Covington, "who heard the case with impartiality." Her freedom was established, and she released.

_At Indianapolis, Indiana, December, 1854_, Benjamin B.

Waterhouse was indicted for harboring fugitive slaves, contrary to the provisions of the Fugitive Law. He was found guilty, but the jury recommended him "to the favorable consideration of the Court, and stated that the evidence was barely sufficient to convict." He was fined fifty dollars and to be imprisoned one hour, and the government to pay the costs.---_Chicago Tribune_.

_A Proposition for Kidnapping_, on a large scale, was made by John H. Pope, "police officer and constable," in a letter dated "Frederick, Maryland, United States of America, January 1, 1855," and addressed to Mr. Hays, Sheriff of Montreal, Canada. "Vast numbers of slaves," says Mr. Pope, "escaping from their masters or owners, succeed in reaching your Provinces, and are, therefore, without the pale of the 'Fugitive Slave Law,' and can only be restored by cunning, together with skill. Large rewards are offered and will be paid for their return, and could I find an efficient person to act with me, a great deal of money could be made, as I would equally divide. * * * The only apprehension we have in approaching too far into Canada is the fear of being arrested; and had I a good a.s.sistant in your city, who would induce the negroes to the frontier, I would be there to pay the cash. On your answer, I can furnish names and descriptions of negroes."

This letter was published, doubtless at the Montreal Sheriff's request, in the _Montreal Gazette_, January 13, 1855.

--> The _Montreal Gazette_, of February 3, published a second letter from J.H. Pope.

_A warrant was issued in Boston_, January 10, 1855, by United States Commissioner Charles Levi Woodbury, for the arrest of JOHN JACKSON, as a fugitive from service and labor in Georgia. Mr. Jackson, who had been for some time in the city, was nowhere to be found.

ROSETTA ARMSTEAD, a colored girl, was taken by writ of _habeas corpus_ before Judge Jamison, at Columbus, Ohio.

Rosetta formerly belonged to Ex-President John Tyler, who _gave her_ to his daughter, the wife of Rev. Henry M.

Dennison, an Episcopal clergyman of Louisville, Kentucky.

Mrs. D. having deceased, Rosetta was to be sent back to Virginia in care of an infant child, both being placed in charge of a Dr. Miller, a friend of Mr. Dennison. Pa.s.sing through Ohio, the above writ was obtained. Rosetta expressed her desire to remain in freedom in Ohio. The case was removed to Cincinnati, and was delayed until Mr. Dennison could arrive from Louisville. (_Ohio State Journal_, March 12, 1855.) The girl was set free; "but was again arrested by the United States Marshal upon the same warrant which Judge Parker had declared illegal; thereupon another _habeas corpus_ was issued, which the Marshal refused to obey; when he was fined $50, and imprisoned for contempt." Even United States Commissioner Pendery, before whom the case was brought as that of a fugitive slave, p.r.o.nounced the girl free, and she was placed in the care of a guardian. The United States Marshal being taken by _habeas corpus_ before Judge McLean, of the United States Supreme Court, was set at liberty, Judge McL. alleging that the proceedings in the State Court were null and void!

GEORGE CLARK, a colored boy, eighteen years of age, in Pennsylvania, was decoyed into the house of one Thompson, (February 23, 1855,) where he was seized by three men, one of whom was Solomon Snyders, a well known ruffian and kidnapper in the neighborhood, who said to him, "Now, George, I am going to take you to your master." The screams of George fortunately brought deliverance to him. The three men were arrested, tried, and sentenced to imprisonment for kidnapping, by the Court of Dauphin County.--_Norristown (Penn.) Olive Branch_.

_The Norristown (Penn.) Olive Branch_, (in connection with the last named case,) speaks of a case which had occurred a short time before, under the Fugitive Law, before United States Commissioner McAllister, at Harrisburg, Pennsylvania, and which has not yet been mentioned in this record. A colored man and his wife, with their infant child, were taken, "one morning, very early," before Commissioner Richard McAllister, and before any counsel could reach the spot the case had been decided against the man and woman; but the babe, having been born in Pennsylvania, they did not "dare to send that" into slavery; "so the only alternative was to take it away from its mother," which was done, and that evening the man and woman were taken South. No time had been allowed to bring forward witnesses in their behalf, and there was only a single witness against them, and he a boy about seventeen years old, and a relative of the slave-claimant.

The woman's sufferings, on account of the separation from her child, seemed greater than for her own fate. The article from the Norristown paper is in the _National Anti-Slavery Standard_, June 2, 1855.

GEORGE MITCh.e.l.l, a young colored man, at San Jose, California, arrested and taken before Justice Allen, April, 1855, "charged with owing service and labor to one Jesse C.

Cooper, of Tennessee." Mitch.e.l.l was brought into California by his then owner, in 1849, the year before the enactment of the Fugitive Slave Law. His arrest was made, under a Fugitive Slave Law of California. By _habeas corpus_ the case was carried before Judge C.P. Hester, of the District Court.

Mitch.e.l.l was discharged on the ground (we believe) that the California Law was unconst.i.tutional; also that the proceedings were "absolutely void." On the 21st April (or May) "another attempt was made to reduce George to slavery at San Francisco." He was brought before the United States District Court, Judge Hoffman presiding, claimed under the United States Fugitive Law as the property of the above-named Cooper. [The result of the trial not known.]--_San Jose Telegraph_.

_At Dayville, Connecticut_, June 13, 1855, an attempt was made to seize a fugitive slave; "but the citizens interfered and the fugitive escaped." He was claimed by a resident of Pomfret, who said he had bought him in Cuba.--_Hartford Religious Herald_.

_At Burlington, Iowa_, a colored man, called d.i.c.k, was arrested and taken before United States Commissioner Frazee.

"Much excitement was caused." He was claimed as belonging to Thomas Ruthford, Clark County, Missouri. d.i.c.k was discharged as not being the man claimed. (June, 1855.)

_A white girl_, fourteen years of age, daughter of Mr. Samuel G.o.dshall, of Downingtown, Chester County, Pennsylvania, while walking upon the road, was seized by two men, a plaster put upon her mouth, and she taken in a close carriage in the direction of Maryland. After going twelve miles, they put her out of the carriage, "in a secluded and woody portion of the country, threatening to kill her if she made any alarm, when they drove away as fast as they could." Some colored people met her, got the plaster off her mouth, and aided her home. It was supposed the kidnappers mistook her for a mulatto girl; but discovering their blunder dismissed her.--_Philadelphia Ledger_, July 9, 1855.

_The Norristown (Penn.) Herald_ relates a case similar to the preceding. Benjamin Johnson, a white lad of fifteen, on his way from his father's, at Evansburg, to S. Jarrett's, near Jeffersonville, was invited to ride by a man in a carriage.

The man took him by an unusual route; night coming on, the boy was alarmed and attempted to escape, "when the villain caught him and drove off at full speed, and by threats and blows prevented him from making any alarm." He drove to a distance of fifteen miles beyond Jeffersonville, when the boy succeeded in making his escape. (July, 1855.)

JANE JOHNSON, and her two sons, (colored,) brought into Philadelphia (on their way to New York and thence to Nicaragua) by John H. Wheeler. Stopped to dine at Bloodgood's Hotel. Jane there made known her desire to be free.

Information of the same was conveyed to Pa.s.smore Williamson, Secretary of the Pennsylvania Abolition Society, an old a.s.sociation founded by Benjamin Franklin, Benjamin Rush, and others. Mr. Williamson went to the hotel, and found that the party had gone to the steamboat, at the foot of Walnut Street. He proceeded thither, found them, and told the mother that she and her sons had been legally made free by being brought by their master into a free State. After some delay, Jane rose to leave the boat. Wheeler endeavored to detain her. Williamson held Wheeler back, and the woman went on sh.o.r.e, a number of colored persons taking up the boys and carrying them from the boat. They were enabled to escape.

(July 18, 1855.)

The celebrated case of Pa.s.sMORE WILLIAMSON followed, before Judge Kane, of the United States District Court. (See "Case of Pa.s.smore Williamson," reported in full, and published in Philadelphia, by Uriah Hunt & Son, 1856.) On the 27th July, Mr. Williamson was committed to Moyamensing Prison, by Judge Kane, "for a contempt of the court in refusing to answer to the writ of _habeas corpus_;" Mr. W. _having answered_ that he had not, and never had had, the custody of the three alleged slaves, and therefore could not produce them in court. Mr. Williamson was kept in prison until November 3d, when he was discharged by Judge Kane, the technical "contempt" having been removed.

CELESTE, a mulatto woman, claimed as a slave, before Judge Burgoyne, Cincinnati, Ohio. It appeared that she was brought to Cincinnati by her master, and she was set free.--_Cincinnati Gazette_, July 7, 1855.

_Two fugitives_, in Indiana, (September, 1855,) requested aid of the conductor of the Madison and Indianapolis Railroad.

The aid given was to take them back to Madison, whence they were conveyed over the river to Kentucky. Before leaving that State they had been hunted and attacked by dogs. These they had despatched with their knives. The conductor was dismissed from his position. An agent of the express company was said to have aided him in the surrender of the men.--_Madison Courier_.