The Underground Railroad Part 53

THE PROTECTION OF SLAVE PROPERTY IN VIRGINIA.

A BILL PROVIDING ADDITIONAL PROTECTION FOR THE SLAVE PROPERTY OF CITIZENS OF THIS COMMONWEALTH.

(1.) Be it enacted, by the General a.s.sembly, that it shall not be lawful for any vessel, of any size or description, whatever, owned in whole, or in part, by any citizen or resident of another State, and about to sail or steam for any port or place in this State, for any port or place north of and beyond the capes of Virginia, to depart from the waters of this commonwealth, until said vessel has undergone the inspection hereinafter provided for in this act, and received a certificate to that effect. If any such vessel shall depart from the State without such certificate of inspection, the captain or owner thereof, shall forfeit and pay the sum of five hundred dollars, to be recovered by any person who will sue for the same, in any court of record in this State, in the name of the Governor of the Commonwealth. Pending said suit, the vessel of said captain or owner shall not leave the State until bond be given by the captain or owner, or other person for him, payable to the Governor, with two or three sureties satisfactory to the court, in the penalty of one thousand dollars, for the payment of the forfeit or fine, together with the cost and expenses incurred in enforcing the same; and in default of such bond, the vessel shall be held liable. Provided that nothing contained in this section, shall apply to vessels belonging to the United States Government, or vessels, American or foreign, bound direct to any foreign country other than the British American Provinces.

(2.) The pilots licensed under the laws of Virginia, and while attached to a vessel regularly employed as a pilot boat, are hereby const.i.tuted inspectors to execute this act, so far as the same may be applicable to the Chesapeake Bay, and the waters tributary thereto, within the jurisdiction of this State, together with such other inspectors as may be appointed by virtue of this act.

(3.) The branch or license issued to a pilot according to the provisions of the 92d chapter of Code, shall be sufficient evidence that he is authorized and empowered to act as inspector as aforesaid.

(4.) It shall be the duty of the inspector, or other person authorized to act under this law, to examine and search all vessels hereinbefore described, to see that no slave or person held to service or labor in this State, or person charged with the commission of any crime within the State, shall be concealed on board said vessel. Such inspection shall be made within twelve hours of the time of departure of such vessel from the waters of Virginia, and may be made in any bay, river, creek, or other water-course of the State, provided, however, that steamers plying as regular packets, between ports in Virginia and those north of, and outside of the capes of Virginia, shall be inspected at the port of departure nearest Old Point Comfort.

(5.) A vessel so inspected and getting under way, with intent to leave the waters of the State, if she returns to an anchorage above Back River Point, or within Old Point Comfort, shall be again inspected and charged as if an original case. If such vessel be driven back by stress of weather to seek a harbor, she shall be exempt from payment of a second fee, unless she holds intercourse with the sh.o.r.e.

(6.) If, after searching the vessel, the inspector see no just cause to detain her, he shall give to the captain a certificate to that effect. If, however, upon such inspection, or in any other manner, any slave or person held to service or labor, or any person charged with any crime, be found on board of any vessel whatever, for the purpose aforesaid, or said vessel be detected in the act of leaving this commonwealth with any such slave or person on board, or otherwise violating the provisions of this act, he shall attach said vessel, and arrest all persons on board, to be delivered up to the sergeant or sheriff of the nearest port in this commonwealth, to be dealt with according to law.

(7.) If any inspector or other officer be opposed, or shall have reason to suspect that he will be opposed or obstructed in the discharge of any duty required of him under this act, he shall have power to summon and command the force of any county or corporation to aid him in the discharge of such duty, and every person who shall resist, obstruct, or refuse to aid any inspector or other officer in the discharge of such duty, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined and imprisoned as in other cases of misdemeanor.

(8.) For every inspection of a vessel under this law, the inspector, or other officer shall be ent.i.tled to demand and receive the sum of five dollars; for the payment of which such vessel shall be liable, and the inspector or other officer may seize and hold her until the same is paid, together with all charges incurred in taking care of the vessel, as well as in enforcing the payment of the same. Provided, that steam packets trading regularly between the waters of Virginia and ports north of and beyond the capes of Virginia, shall pay not more than five dollars for each inspection under the provisions of this act; provided, however, that for every inspection of a vessel engaged in the coal trade, the inspector shall not receive a greater sum than two dollars.

(9.) Any inspector or other person apprehending a slave in the act of escaping from the state, on board a vessel trading to or belonging to a non-slave-holding state, or who shall give information that will lead to the recovery of any slave, as aforesaid, shall be ent.i.tled to a reward of One Hundred Dollars, to be paid by the owner of such slave, or by the fiduciary having charge of the estate to which such slave belongs; and if the vessel be forfeited under the provisions of this act, he shall be ent.i.tled to one-half of the proceeds arising from the sale of the vessel; and if the same amounts to one hundred dollars, he shall not receive from the owner the above reward of one hundred dollars.

(10.) An inspector permitting a slave to escape for the want of proper exertion, or by neglect in the discharge of his duty, shall be fined One Hundred Dollars; or if for like causes he permit a vessel, which the law requires him to inspect, to leave the state without inspection, he shall be fined not less than twenty, nor more than fifty dollars, to be recovered by warrant by any person who will proceed against him.

(11.) No pilot acting under the authority of the laws of the state, shall pilot out of the jurisdiction of this state any such vessel as is described in this act, which has not obtained and exhibited to him the certificate of inspection hereby required; and if any pilot shall so offend, he shall forfeit and pay not less than twenty, or more than fifty dollars, to be recovered in the mode prescribed in the next preceding section of this act.

(12.) The courts of the several counties or corporations situated on the Chesapeake Bay, or its tributaries, by an order entered on record, may appoint one or more inspectors, at such place or places within their respective districts as they may deem necessary, to prevent the escape or for the recapture of slaves attempting to escape beyond the limits of the state, and to search or otherwise examine all vessels trading to such counties or corporations. The expenses in such cases to be provided for by a levy on negroes now taxed by law; but no inspection by county or corporation officers thus appointed, shall supersede the inspection of such vessels by pilots and other inspectors, as specially provided for in this act.

(13.) It shall be lawful for the county court of any county, upon the application of five or more slave-holders, residents of the counties where the application is made, by an order of record, to designate one or more police stations in their respective counties, and a captain and three or more other persons as a police patrol on each station, for the recapture of fugitive slaves; which patrol shall be in service at such times, and such stations as the court shall direct by their order aforesaid; and the said court shall allow a reasonable compensation, to be paid to the members of such patrol; and for that purpose, the said court may from time to time direct a levy on negroes now taxed by law, at such rate per capita as the court may think sufficient, to be collected and accounted for by the sheriff as other county levies, and to be called, "The fugitive slave tax." The owner of each fugitive slave in the act of escaping beyond the limits of the commonwealth, to a non-slave-holding state, and captured by the patrol aforesaid, shall pay for each slave over fifteen, and under forty-five years old, a reward of One Hundred dollars; for each slave over five, and under fifteen years old, the sum of sixty dollars; and for all others, the sum of forty dollars. Which reward shall be divided equally among the members of the patrol retaking the slave and actually on duty at the time; and to secure the payment of said reward, the said patrol may retain possession and use of the slave until the reward is paid or secured to them.

(14.) The executive of this State may appoint one or more inspectors for the Rappahannock and Potomac rivers, if he shall deem it expedient, for the due execution of this act. The inspectors so appointed to perform the same duties, and to be invested with the same powers in their respective districts, and receive the same fees, as pilots acting as inspectors in other parts of the State. A vessel subject to inspection under this law, departing from any of the above-named counties or rivers on her voyage to sea, shall be exempted from the payment of a fee for a second inspection by another officer, if provided with a certificate from the proper inspecting officer of that district; but if, after proceeding on her voyage, she returns to the port or place of departure, or enters any other port, river, or roadstead in the State, the said vessel shall be again inspected, and pay a fee of five dollars, as if she had undergone no previous examination and received no previous certificate.

If driven by stress of weather to seek a harbor, and she has no intercourse with the sh.o.r.e, then, and in that case, no second fee shall be paid by said vessel.

(15.) For the better execution of the provisions of this act, in regard to the inspection, of vessels, the executive is hereby authorized and directed to appoint a chief inspector, to reside at Norfolk, whose duty it shall be, to direct and superintend the police, agents, or inspectors above referred to. He shall keep a record of all vessels engaged in the piloting business, together with a list of such persons as may be employed as pilots and inspectors under this law. The owner or owners of each boat shall make a monthly report to him, of all vessels inspected by persons attached to said pilot boats, the names of such vessels, the owner or owners thereof, and the places where owned or licensed, and where trading to or from, and the business in which they are engaged, together with a list of their crews. Any inspector failing to make his report to the chief inspector, shall pay a fine of twenty dollars for each such failure, which fine shall be recovered by warrant, before a justice of the county or corporation. The chief inspector may direct the time and station for the cruise of each pilot boat, and perform such other duty as the Governor may designate, not inconsistent with the other provisions of this act. He shall make a quarterly return to the executive of all the transactions of his department, reporting to him any failure or refusal on the part of inspectors to discharge the duty a.s.signed to them, and the Governor, for sufficient cause, may suspend or remove from office any delinquent inspector. The chief inspector shall receive as his compensation, ten per cent, on all the fees and fines received by the inspectors acting under his authority, and may be removed at the pleasure of the executive.

(16.) All fees and forfeitures imposed by this act, and not otherwise specially provided for, shall go one half to the informer, and the other be paid into the treasury of the State, to const.i.tute a fund, to be called the "fugitive slave fund,"

and to be used for the payment of rewards awarded by the Governor, for the apprehension of runaway slaves, and to pay other expenses incident to the execution of this law, together with such other purposes as may hereafter be determined on by the General a.s.sembly.

(17.) This act shall be in force from its pa.s.sage.

ESCAPING IN A CHEST.

$150 REWARD. Ran away from the subscriber, on Sunday night, 27th inst., my NEGRO GIRL, Lear Green, about 18 years of age, black complexion, round-featured, good-looking and ordinary size; she had on and with her when she left, a tan-colored silk bonnet, a dark plaid silk dress, a light mouslin delaine, also one watered silk cape and one tan colored cape. I have reason to be confident that she was persuaded off by a negro man named Wm.

Adams, black, quick spoken, 5 feet 10 inches high, a large scar on one side of his face, running down in a ridge by the corner of his mouth, about 4 inches long, barber by trade, but works mostly about taverns, opening oysters, &c. He has been missing about a week; he had been heard to say he was going to marry the above girl and ship to New York, where it is said his mother resides. The above reward will be paid if said girl is taken out of the State of Maryland and delivered to me; or fifty dollars if taken in the State of Maryland.

[Ill.u.s.tration: ]

JAMES n.o.bLE,

m26-3t.

No. 153 Broadway, Baltimore.

Lear Green, so particularly advertised in the "Baltimore Sun" by "James n.o.ble," won for herself a strong claim to a high place among the heroic women of the nineteenth century. In regard to description and age the advertis.e.m.e.nt is tolerably accurate, although her master might have added, that her countenance was one of peculiar modesty and grace.

Instead of being "black," she was of a "dark-brown color." Of her bondage she made the following statement: She was owned by "James n.o.ble, a b.u.t.ter Dealer" of Baltimore. He fell heir to Lear by the will of his wife's mother, Mrs. Rachel Howard, by whom she had previously been owned. Lear was but a mere child when she came into the hands of n.o.ble's family. She, therefore, remembered but little of her old mistress. Her young mistress, however, had made a lasting impression upon her mind; for she was very exacting and oppressive in regard to the tasks she was daily in the habit of laying upon Lear's shoulders, with no disposition whatever to allow her any liberties. At least Lear was never indulged in this respect. In this situation a young man by the name of William Adams proposed marriage to her. This offer she was inclined to accept, but disliked the idea of being enc.u.mbered with the chains of slavery and the duties of a family at the same time.

After a full consultation with her mother and also her intended upon the matter, she decided that she must be free in order to fill the station of a wife and mother. For a time dangers and difficulties in the way of escape seemed utterly to set at defiance all hope of success. Whilst every pulse was beating strong for liberty, only one chance seemed to be left, the trial of which required as much courage as it would to endure the cutting off the right arm or plucking out the right eye. An old chest of substantial make, such as sailors commonly use, was procured. A quilt, a pillow, and a few articles of raiment, with a small quant.i.ty of food and a bottle of water were put in it, and Lear placed therein; strong ropes were fastened around the chest and she was safely stowed amongst the ordinary freight on one of the Erricson line of steamers.

Her intended's mother, who was a free woman, agreed to come as a pa.s.senger on the same boat. How could she refuse? The prescribed rules of the Company a.s.signed colored pa.s.sengers to the deck. In this instance it was exactly where this guardian and mother desired to be--as near the chest as possible. Once or twice, during the silent watches of the night, she was drawn irresistibly to the chest, and could not refrain from venturing to untie the rope and raise the lid a little, to see if the poor child still lived, and at the same time to give her a breath of fresh air. Without uttering a whisper, that frightful moment, this office was successfully performed. That the silent prayers of this oppressed young woman, together with her faithful protector's, were momentarily ascending to the ear of the good G.o.d above, there can be no question. Nor is it to be doubted for a moment but that some ministering angel aided the mother to unfasten the rope, and at the same time nerved the heart of poor Lear to endure the trying ordeal of her perilous situation. She declared that she had no fear.

After she had pa.s.sed eighteen hours in the chest, the steamer arrived at the wharf in Philadelphia, and in due time the living freight was brought off the boat, and at first was delivered at a house in Barley street, occupied by particular friends of the mother. Subsequently chest and freight were removed to the residence of the writer, in whose family she remained several days under the protection and care of the Vigilance Committee.

[Ill.u.s.tration: ]

Such hungering and thirsting for liberty, as was evinced by Lear Green, made the efforts of the most ardent friends, who were in the habit of aiding fugitives, seem feeble in the extreme. Of all the heroes in Canada, or out of it, who have purchased their liberty by downright bravery, through perils the most hazardous, none deserve more praise than Lear Green.

She remained for a time in this family, and was then forwarded to Elmira. In this place she was married to William Adams, who has been previously alluded to. They never went to Canada, but took up their permanent abode in Elmira. The brief s.p.a.ce of about three years only was allotted her in which to enjoy freedom, as death came and terminated her career. About the time of this sad occurrence, her mother-in-law died in this city. The impressions made by both mother and daughter can never be effaced. The chest in which Lear escaped has been preserved by the writer as a rare trophy, and her photograph taken, while in the chest, is an excellent likeness of her and, at the same time, a fitting memorial.

ISAAC WILLIAMS, HENRY BANKS, AND KIT NICKLESS.

MONTHS IN A CAVE,--SHOT BY SLAVE-HUNTERS.

Rarely were three travelers from the house of bondage received at the Philadelphia station whose narratives were more interesting than those of the above-named individuals. Before escaping they had encountered difficulties of the most trying nature. No better material for dramatic effect could be found than might have been gathered from the incidents of their lives and travels. But all that we can venture to introduce here is the brief account recorded at the time of their sojourn at the Philadelphia station when on their way to Canada in 1854. The three journeyed together. They had been slaves together in the same neighborhood. Two of them had shared the same den and cave in the woods, and had been shot, captured, and confined in the same prison; had broken out of prison and again escaped; consequently their hearts were thoroughly cemented in the hope of reaching freedom together.

Isaac was a stout-made young man, about twenty-six years of age, possessing a good degree of physical and mental ability. Indeed his intelligence forbade his submission to the requirements of Slavery, rendered him unhappy and led him to seek his freedom. He owed services to D. Fitchhugh up to within a short time before he escaped. Against Fitchhugh he made grave charges, said that he was a "hard, bad man." It is but fair to add that Isaac was similarly regarded by his master, so both were dissatisfied with each other. But the master had the advantage of Isaac, he could sell him. Isaac, however, could turn the table on his master, by running off. But the master moved quickly and sold Isaac to Dr. James, a negro trader. The trader designed making a good speculation out of his investment: Isaac determined that he should be disappointed; indeed that he should lose every dollar that he paid for him. So while the doctor was planning where and how he could get the best price for him, Isaac was planning how and where he might safely get beyond his reach. The time for planning and acting with Isaac was, however, exceedingly short. He was daily expecting to be called upon to take his departure for the South. In this situation he made known his condition to a friend of his who was in a precisely similar situation; had lately been sold just as Isaac had to the same trader James. So no argument was needed to convince his friend and fellow-servant that if they meant to be free they would have to set off immediately.

That night Henry Banks and Isaac Williams started for the woods together, preferring to live among reptiles and wild animals, rather than be any longer at the disposal of Dr. James. For two weeks they successfully escaped their pursuers. The woods, however, were being hunted in every direction, and one day the pursuers came upon them, shot them both, and carried them to King George's Co. jail. The jail being an old building had weak places in it; but the prisoners concluded to make no attempt to break out while suffering badly from their wounds. So they remained one month in confinement. All the while their brave spirits under suffering grew more and more daring. Again they decided to strike for freedom, but where to go, save to the woods, they had not the slightest idea. Of course they had heard, as most slaves had, of cave life, and pretty well understood all the measures which had to be resorted to for security when entering upon so hazardous an undertaking.

They concluded, however, that they could not make their condition any worse, let circ.u.mstances be what they might in this respect. Having discovered how they could break jail, they were not long in accomplishing their purpose, and were out and off to the woods again.

This time they went far into the forest, and there they dug a cave, and with great pains had every thing so completely arranged as to conceal the spot entirely. In this den they stayed three months. Now and then they would manage to secure a pig. A friend also would occasionally serve them with a meal. Their sufferings at best were fearful; but great as they were, the thought of returning to Slavery never occurred to them, and the longer they stayed in the woods, the greater was their determination to be free. In the belief that their owner had about given them up they resolved to take the North Star for a pilot, and try in this way to reach free land.