From the National Park Service and Dickinson College

Author: Cooper Wingert Page 3 of 38

(1839) New York-Virginia Extradition Controversy

New York governor William Seward refuses to extradite three Black sailors to Virginia on slave stealing charges, signaling Northern states’ growing resolve to protect their free Black residents


Date(s): escaped 1839

Location(s): Norfolk, Virginia; New York

Outcome: Freedom, Refusal to Extradite

Summary:

profile engraving man with collar

New York governor William Seward refused to extradite three Black sailors to face slave stealing charges in Virginia (House Divided Project)

During the summer of 1839, an enslaved carpenter named Isaac escaped from Norfolk, Virginia aboard the Robert Center, a New York ship. Isaac had apparently relied on the assistance of three Black sailors from New York, Isaac Gansey, Peter Johnson, and Edward Smith. But Isaac’s slaveholder caught on and alerted authorities about the escape. Virginia’s lieutenant governor, Henry L. Hopkins, demanded the extradition of Gansey, Johnson, and Smith to face slave stealing charges in Virginia, but New York governor William Seward refused. Seward argued that because New York state laws did not recognize slavery, there was no comparable charge to slave stealing to provide grounds for extradition. The case prompted a lengthy standoff, with Virginia’s legislature targeting New York vessels with special inspection fees, and also helped launch Seward’s career as a darling of the political antislavery movement. In the end, Gansey, Johnson, and Smith never faced extradition, a sign of Northern states’ growing resolve to protect free Black residents on their own soil. 


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(1842) Harriet Jacobs Escape

Harriet Jacobs escapes slavery in North Carolina and reaches New York City by boat. On the eve of the Civil War, Jacobs publishes her autobiography Incidents in the Life of a Slave Girl, detailing the sexual abuse she suffered at the hands of her enslaver.

[This post is still under construction, more forthcoming in 2023]

(1842) Prigg v. Pennsylvania

Citation

Prigg v. Pennsylvania, 1842, FULL TEXT via Justia


Excerpt

…The clause of the Constitution of the United States relating to fugitives from labor manifestly contemplates the existence of a positive unqualified right on the part of the owner of the slave which no state law or regulation can in any way qualify, regulate, control, or restrain. Any state law or regulation which interrupts, limits, delays, or postpones the rights of the owner to the immediate command of his service or labor operates pro tanto a discharge of the slave therefrom. The question can never be how much he is discharged from, but whether he is discharged from any by the natural or necessary operation of the state laws or state regulations. The question is not one of quantity or degree, but of withholding or controlling the incidents of a positive right.

The owner of a fugitive slave has the same right to seize and take him in a State to which he has escaped or fled that he had in the State from which he escaped, and it is well known that this right to seizure or recapture is universally acknowledged in all the slaveholding States. The Court have not the slightest hesitation in holding that, under and in virtue of the Constitution, the owner of the slave is clothed with the authority in every State of the Union to seize and recapture his slave wherever he can do it without any breach of the peace or illegal violence. In this sense and to this extent, this clause in the Constitution may properly be said to execute itself, and to require no aid from legislation, state or national….


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(1843) Latimer Law

Citation

An Act to Further Protect Personal Liberty, March 24, 1843, FULL TEXT via State Library of Massachusetts


Excerpt

Latimer headshot

Freedom seeker George Latimer’s arrest prompted the passage of Massachusetts’s 1843 personal liberty law (House Divided Project)

Sec. 1. No judge of any court of record of this Commonwealth, and no justice of the peace, shall hereafter take cognizance or grant a certificate in cases that may arise under the third section of an act of Congress, passed February twelfth, seventeen hundred and ninety-three, and entitled “an Act respecting fugitives from justice and persons escaping from the service of their masters,” to any person who claims any other person as a fugitive slave within the jurisdiction of the Commonwealth.


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(1844) Charles Torrey Case

An abolitionist reporter’s arrest and trial reveals the severity of Southern states’ slave-stealing statutes


Date(s): arrested June 1844, convicted December 3, 1844

Location(s): Washington, DC; Baltimore, Maryland

Outcome: Conviction

Summary:

Torrey headshot suit facial hair head slightly tilted

Charles Torrey (House Divided Project)

Massachusetts-born Charles Torrey first came to Washington, DC in 1842 as an antislavery reporter. Torrey’s journalism made plenty of enemies, but it was his covert work assisting freedom seekers that most disturbed slaveholders. Together with formerly enslaved man Thomas Smallwood and his wife Elizabeth Smallwood, Torrey coordinated escapes from the nation’s capital. After several close calls with authorities, Torrey relocated with his wife and children to Albany, New York, while Smallwood fled to Canada. But Torrey continued to return to the capital area, and Maryland authorities arrested him in Baltimore in June 1844. A jury convicted Torrey after deliberating only twenty minutes, sentencing the abolitionist to six years in the Maryland state penitentiary. Torrey’s died behind bars of tuberculosis on May 9, 1846, the same day Maryland governor Thomas Pratt pardoned him due to his failing health. 


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(1844) Lewis and Harriet Hayden Escape

Lewis and Harriet Hayden escape slavery in Kentucky with the help of Underground Railroad operatives and spend the next decade assisting freedom seekers as part of Boston’s antislavery vigilance committee


Date(s): escaped 1844

Location(s): Lexington, Kentucky; Detroit, Michigan; Canada West; Boston

Outcome: Freedom

Summary:

headshot man

Lewis Hayden (National Park Service)

Lewis Hayden lost his family to the internal slave trade in the 1830s. Kentucky statesman Henry Clay reportedly sold Hayden’s first wife, Esther Harvey and their son. Fearing that the same fate awaited him, Hayden and his new wife, Harriet Bell, decided to run away. In 1844, the Haydens (Lewis, Harriet, and Harriet’s son from a previous marriage) escaped using a carriage and driver provided by white abolitionists Calvin Fairbank and Delia Webster. The Haydens successfully reached Detroit and later Canada, but Kentucky officials caught up with the two abolitionists and convicted them under the state’s harsh slave-stealing statutes. Neither Fairbank or Webster stopped their Underground Railroad activism, even though Fairbank spent four years and Webster spent two months in prison for assisting the Haydens. Meanwhile, the Haydens relocated to Boston, where they became active members of the city’s antislavery vigilance committee and regularly sheltered freedom seekers in their home at 66 Phillips Street. In 1850, Lewis and Harriet sheltered freedom seekers William and Ellen Craft and threatened to blow up their house if the slave catchers pursuing the couple dared enter. Lewis Hayden also entered politics, winning political patronage as messenger for Massachusetts’s Republican secretary of state and serving a single term in the Massachusetts legislature in 1873.

engraving of woman, with name typed at bottom

Harriet Hayden (National Park Service)


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(1847) Carlisle Fugitive Slave Case

Vigilance activists rescue two freedom seekers and fatally injure Maryland slave catcher James Kennedy in Carlisle, Pennsylvania on June 2. A jury acquits Dickinson College professor John McClintock on charges of inciting a riot, but sentences 11 Black residents to the state penitentiary for their role in the rescue, before the state’s supreme court ultimately overturns their convictions.

[This post is still under construction, more forthcoming in 2023]

(1847) Crosswhite Family Escape

A family’s escape and dramatic fugitive slave rescue leads to calls for a new federal fugitive slave law


Date(s): escaped August 1843, rescued January 1847

Location(s): Carroll County, Kentucky; Marshall, Michigan

Outcome: Freedom

Summary:

headshot, Crosswhite in suit, facing camera, torso up, black and white photo

Adam Crosswhite (House Divided Project)

Upon learning that they were about to be sold, Adam and Sarah Crosswhite gathered their four children, John Anthony, Benjamin Franklin, Cyrus Jackson, and Lucretia, and escaped from slavery. Slaveholder Francis Giltner eventually tracked the Crosswhites to their new home in Marshall, Michigan, where Adam and Sarah had settled and welcomed a fifth child. When a posse of armed Kentuckians attempted to recapture the Crosswhite family in January 1847, white and Black neighbors led by local banker Charles Gorham mobilized in their defense. The Crosswhites escaped to Detroit and later Canada, though the Marshall residents who protected them faced civil penalties under the 1793 Fugitive Slave Act. But the fines hardly placated slaveholders, who cited the “abolition mob” that had orchestrated the fugitive slave rescue to argue for stricter federal fugitive slave legislation and new criminal penalties for Underground Railroad activists who aided freedom seekers.


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(1847) Jones v. Van Zandt

Citation

Jones v. Van Zandt, 1847, FULL TEXT via Library of Congress


Excerpt

painting man facing forward

Supreme Court justice Levi Woodbury wrote the majority opinion in Jones v. Van Zandt affirming the constitutionality of the 1793 Fugitive Slave Act (House Divided Project)

…That, under the fourth section of the act of 12th February, 1793, respecting fugitives from justice, and persons escaping from the service of their master, on a charge for harbouring and concealing fugitives from labor, the notice need not be in writing by the claimant or his agent, stating that such person is a fugitive from labor, under the third section of the above act, and served on the person harbouring or concealing such fugitive, to make him liable to the penalty of five hundred dollars under the act….


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(1848) Pearl Escape

Pearl mass escape rattles Washington, DC slaveholders on April 15, as 77 freedom seekers attempt to flee the nation’s capital by boat. Armed whites overtake the group, and slaveholders sell many of the freedom seekers south. Later, local authorities convict two white allies, Daniel Drayton and Edward Sayres, on charges of slave stealing. Unable to pay their fines, Drayton and Sayres remain in jail until President Millard Fillmore pardons them in 1852.

[This post is still under construction, more forthcoming in 2023]

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