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Author: Cooper Wingert Page 1 of 38

(1739) Stono Rebellion

South Carolina freedom seekers head south for Spanish Florida and freedom in what becomes known as the Stono Rebellion, one of the largest slave uprisings in the British North American colonies


Date(s): September 9, 1739

Location(s): Stono River, SC

Outcome: Recapture and Death

Summary:

Stono Historical Marker outdoor photo

Stono Rebellion Historical Marker (Historical Marker Database)

On Sunday morning, September 9, 1739, an initial group of 20 enslaved South Carolinians armed themselves and started south, joined by other freedom seekers along the way. Their destination was Florida, where Spanish authorities had begun liberating freedom seekers from British colonies who were willing to convert to Catholicism. South Carolina militia overtook the freedom seekers near the Edisto River, killing many and recapturing the others. In response, South Carolina lawmakers passed the 1740 Negro Act to further curtail the mobility of enslaved people in the colony. Some historians consider the Stono uprising to be the largest slave rebellion in the British North American colonies. 


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(1772) Somerset Case

Citation

Somerset v. Stewart, June 22, 1772, FULL TEXT via CommonLII


Excerpt

portrait man in wig, turned to side

Lord Mansfield ruled in freedom seeker James Somerset’s favor (National Portrait Gallery, UK)

…The power of a master over his slave has been extremely different, in different countries. The state of slavery is of such a nature, that it is incapable of being introduced on any reasons, moral or political; but only positive law, which preserves its force long after the reasons, occasion, and time itself from whence it was created, is erased from memory : it’s so odious, that nothing can be suffered to support it, but positive law. Whatever inconveniences, therefore, may follow from a decision, I cannot say this case is allowed or approved by the law of England; and therefore the black must be discharged.


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(1775) Dunmore Proclamation

Citation

A Proclamation, November 7, 1775, FULL TEXT via Gilder Lehrman Institute of American History


Excerpt

newspaper text

Dunmore’s Proclamation (Gilder Lehrman Institute)

As I have ever entertained hopes that an accommodation might have taken place between Great-Britain and this colony, without being compelled, by my duty, to this most disagreeable, but now absolutely necessary step, rendered so by a body of armed men, unlawfully assembled, firing on his Majesty’s tenders, and the formation of an army, and that army now on their march to attack his Majesty’s troops, and destroy the well disposed subjects of this colony: To defeat such treasonable purposes, and that all such traitors, and their abetters, may be brought to justice, and that the peace and good order of this colony may be again restored, which the ordinary course of the civil law is unable to effect, I have thought fit to issue this my proclamation, hereby declaring, that until the aforesaid good purposes can be obtained, I do, in virtue of the power and authority to me given, by his Majesty, determine to execute martial law, and cause the same to be executed throughout this colony; and to the end that peace and good order may the sooner be restored, I do require every person capable of bearing arms to resort to his Majesty’s STANDARD, or be looked upon as traitors to his Majesty’s crown and government, and thereby become liable to the penalty the law inflicts upon such offences, such as forfeiture of lifeconfiscation of lands, &c. &c. And I do hereby farther declare all indented servantsNegroes, or others (appertaining to rebels) free, that are able and willing to bear arms, they joining his Majesty’s troops, as soon as may be, for the more speedily reducing this Colony to a proper sense of their duty, to his Majesty’s crown and dignity. I do father order, and require all his Majesty’s liege subjects to retain their quitrents, or any other taxes due, or that may become due, in their own custody, till such time as peace may be again restored to this at present most unhappy country, or demanded of them for their former salutary purposes, by officers properly authorized to receive the same.

Given on board the ship William, off Norfolk, the 7th of Nov.


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(1783) Abolition in Massachusetts

Citation

Legal Notes by Massachusetts Supreme Court justice William Cushing on the case of Quok Walker, [1783], FULL TEXT via Massachusetts Historical Society


Excerpt

Freeman portrait blue dress

Massachusetts freedom seeker Elizabeth Freeman (Massachusetts Historical Society)

As to ye. doctrine of Slavery & ye. right of Christians to holding Africans in perpetual servititude [servitude] , & selling & treating them as we do our horses & Cattle, that, (it is true) has been heretofore countenanced by the province Laws formerly, but no where is it expressly enacted or established. — It has been a usage — a usage which took its origin, from ye. practice of some of ye. European nations, & the regulations of british Govmt respecting the then Colonies, for ye. benefit of trade & Wealth. But whatever Sentiments have been formerly prevailed in this particular or slid in upon us by ye. Example of others, a different Idea has taken place with ye people of America more favorable to ye. natural rights of Mankind, & to that of and natural innate, desire of Liberty, with which Heaven (witht. regard to Colors, complexion or Shapes of noses features) has inspired all ye. human Race. And upon this Ground, our Constitution of Govmt, Sets out into by wch. ye people of this Commonwealth have solemnly bound themselves, Sets out with declaring that all men are born free & equal — & yt. Every subject is intitled to Liberty, & to have it guarded by ye. Laws, as well as Life & property — & in short is totally repugnant to ye. Idea of being born Slaves. This being ye. Case I think ye. Idea of Slavery is inconsistent with our own conduct & Constitution & there can be no such thing as perpetual servitude of a rational Creature, unless it his Liberty is forfeited by Some Criminal Conduct or giv given up by personal Consent or Contract.


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(1787) Fugitive Slave Clause

Citation

Article IV, Section 2, Clause 3, US Constitution, 1787, FULL TEXT via The Avalon Project, Yale Law School


Excerpt

Constitution front page image

US Constitution (National Archives)

No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.US C


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(1787) Northwest Ordinance

Citation

Northwest Ordinance, July 13, 1787, FULL TEXT via National Archives


Excerpt

maps of Northwest Territory

Northwest Territory (Library of Congress)

Art. 6. There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in the punishment of crimes whereof the party shall have been duly convicted: Provided, always, That any person escaping into the same, from whom labor or service is lawfully claimed in any one of the original States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service as aforesaid.


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(1793) Fugitive Slave Act

Citation

1793 Fugitive Slave Act, February 12, 1793, FULL TEXT via A Century of Lawmaking, Library of Congress


Excerpt

engraving of room, lit by fireplace, kidnapping scene

Abolitionist illustration criticizing the activities of slave catchers under the 1793 Fugitive Slave Act (Jesse Torrey, A Portraiture of Domestic Slavery in the United States, 1817 )

Sec. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever the executive authority of any State in the Union, or of either of the territories northwest or south of the river Ohio, shall demand any person as a fugitive from justice, of the executive authority of any such state or territory to which such person shall have fled, and shall moreover produce the copy of an indictment found, or an affidavit made before a magistrate of any state or territory as aforesaid, charging the person so demanded, with having committed treason, felony or other crime, certified as authentic by the governor or chief magistrate of the state or territory from whence the person so charged, fled, it shall be the duty of the executive authority of the state or territory to which such person shall have fled, to cause him or her to be arrested and secured, and notice of the arrest to be given to the executive authority making such demand, or to the agent of such authority appointed to receive the fugitive, and to cause the fugitive to be delivered to such agent when he shall appear: But if no such agent shall appear within six mouths from the time of the arrest, the prisoner may be discharged. And all costs or expenses incurred in the apprehending, securing, and transmitting such fugitive to the elate or territory making such demand, shall be paid by such state or territory.

Sec. 4. And be it further enacted, That any person who shall knowingly and willingly obstruct or hinder such claimant, his agent or attorney when so arrested pursuant to the authority herein given or declared: or shall harbor or conceal such person after notice that he or she was a fugitive from labor, as aforesaid, shall, for either of the said offences, forfeit and pay the sum of five hundred dollars. Which penalty may be recovered by and fur the benefit of such claimant, by action of debt, in any court proper to try the same; saving moreover to the person claiming such labor or service, his right of action for or on account of the said injuries or either of them.


Key Cases under the 1793 Fugitive Slave Act


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(1796) Ona Judge Escape

Ona Judge defies President George Washington and the new federal fugitive slave law to seize freedom


Date(s): escaped May 21, 1796

Location(s): Mount Vernon, Virginia; Philadelphia; Portsmouth, New Hampshire; Greenland, New Hampshire

Outcome: Freedom

Summary:

newspaper runaway advertisement

The Washingtons advertised for Judge’s recapture in Philadelphia papers (Encyclopedia Virginia)

Ona Judge, or “Oney” as the Washington family called her, was born into enslavement in Virginia and became Martha Washington’s personal maid at the age of 10. When George Washington became president, he brought Judge and seven other enslaved people with him to New York, and then to Philadelphia once the nation’s capital moved there. But Pennsylvania’s 1780 Gradual Abolition Act forbade slaveholders from residing in the state with enslaved people longer than six months. To work around the state law, the Washingtons quietly cycled Judge and other enslaved people back between Philadelphia and Mount Vernon. While in Philadelphia, Judge continued her duties for Martha Washington, though her presence in Philadelphia was much more conspicuous than ever before. Judge was given expensive clothing and encouraged occasionally to attend events such as plays and the circus. Judge also seized the opportunity to make connections with Quaker abolitionists and free African Americans in the city.  When Judge learned that the Washingtons planned to send her back to Virginia as a wedding gift, Judge decided to take her chances and escape on May 21, 1796, traveling aboard the ship Nancy to New Hampshire. Judge apparently received assistance from the ship’s captain, John Bolles, never disclosing his name until after his death to ensure he would not face punishment.

Only months after Judge’s arrival in New Hampshire, however, Martha’s youngest granddaughter Nelly Parke Custis spotted the freedom seeker, and soon after, Washington sent the Portsmouth customs collector, Joseph Whipple, to convince her to return to Philadelphia. Judge agreed on the condition that she would be freed after the Washingtons’ deaths and would not be passed on to serve anybody else. Washington blatantly denied this request and continued his efforts to return Judge through Whipple via the federal 1793 Fugitive Slave Act. However, Washington informed Whipple that he had to tread lightly for fear of antagonizing antislavery Northerners. In any case, Whipple was unsuccessful and in 1793, Judge married Jack Staines, a free black sailor, with whom she had three children. In 1799, Washington requested the help of Burwell Bassett, jr., Martha Washington’s nephew, in returning Judge using the same inconspicuous method that he had once advised Whipple to use. When Bassett first found her in Portsmouth and was unable to convince her to return, he informed New Hampshire senator John Langdon that he planned to seize Judge by force. Langdon secretly warned Judge, who was able to evade Bassett and escape to nearby Greenland. After Washington died in 1799, Judge never was bothered by the family again, though she and her children remained legally vulnerable to capture by the Custis’. Judge went on to outlive her husband and two of her daughters. She was known to still be living in Greenland in the 1840s, when remarkably she was interviewed by the abolitionist Reverend Benjamin Chase.


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(1804) Ohio Black Laws

Citation

An act to regulate black and mulatto persons, January 5, 1804, FULL TEXT via Stephen Middleton, The Black Laws in the Old Northwest: A Documentary History (Westport, CT: Greenwood Press, 1993), 15-16


Excerpt

pamphlet front page

An 1886 pamphlet decrying Ohio’s lengthy history of Black Laws (Library of Congress)

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That from and after the first day of June next no black or mulatto person shall be permitted to settle or reside in this state, unless he or she shall first produce a fair certificate from some court within the United States, of his or her actual freedom, which certificate shall be attested by the clerk of said court, and the seal thereof annexed thereto, by said clerk.

Sec. 3. And be it further enacted, That no person or persons residents of this state, shall be permitted to hire, or in any way employ any black or mulatto person, unless such black or mulatto person shall have one of the certificates as aforesaid, under pain of forfeiting and paying any sum not less than ten nor more than fifty dollars, at the discretion of the court….


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(1820) Pennsylvania Personal Liberty Law

Citation

Act to Prevent Kidnapping, March 27, 1820, FULL TEXT via Acts of the General Assembly of the Commonwealth of Pennsylvania (Harrisburg, PA: C. Gleim, 1820), 104-106


Excerpt

cartoon men seizing freedom seeker

Abolitionist cartoon depicting the kidnapping of a free Black resident (Library Company of Philadelphia)

Sec. 1. BE it enacted by the Senate and House of Repre­sentatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That if any person or persons shall from and after the passing of this act, by force or violence take and. carry away, or shall by fraud or kidnapping false pretences seduce or cause to be seduced, or shall attempt so to take, carry away or seduce any negro or mulatto from any part or parts of this Commonwealth, to any other place or places whatsoever, out of this Commonwealth, with a design and intention of selling and disposing of, or of causing to be sold, or of keeping and detaining, or of causing to be kept and detained, such negro or mulatto as a slave or ser­vant for a year or years, every such person or persons, his or their aiders and abettors, shall on conviction thereof in any court of this Commonwealth having competent jurisdiction, be deemed guilty of a felony, and shall forfeit and pay at the discretion of the court passing the sentence, any sum not less than five hundred dollars, nor more than two thousand dollars, one half whereof shall be paid to the person or persons who shall prosecute for the same, and the other half to this Commonwealth, and moreover shall be sentenced to undergo a servitude for any term or time not less than seven years, nor exceeding twenty-one years, and shall be confined, kept to hard labor, fed and clothed in manner as is directed by the penal law of this Commonwealth for persons convicted of robbery.


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