From the National Park Service and Dickinson College

Category: Barker

(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.


Related Sources


Related Essays

(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….


Related Sources


Related Essays

(1826) Levi and Catherine Coffin

Quakers Levi and Catharine Coffin relocate from North Carolina to Indiana, and then to Cincinnati in 1847, assisting hundreds of freedom seekers. The couple’s prolific activism earns Levi the moniker “President of the Underground Railroad.”

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

(1834) Jermain Loguen Escape

Jermain Loguen escapes from Tennessee to Canada and eventually settles in Syracuse, New York, where he openly boasts about aiding freedom seekers and earns a reputation as the “Underground Railroad king.”

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

(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)


Related Sources


Related Essays

(1849) Harriet Tubman Escape

Harriet Tubman escapes from Maryland fearing that her slaveholder is planning to sell her. Tubman returns to the Eastern Shore throughout the 1850s to rescue other enslaved people, becomes active on the antislavery lecture circuit, and takes up residence in New York and Canada.

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

(1851) Jerry Rescue

Jerry Rescue occurs in Syracuse, New York on October 1, when Black and white activists storm a federal hearing room to rescue Missouri freedom seeker Jerry Henry. The dramatic rescue further embarrasses the US government’s efforts to enforce the Fugitive Slave Act, as Henry escapes to Canada and federal prosecutors only manage to convict one of the abolitionists.

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

(1856) Benjamin Drew, A North-Side View of Slavery

Citation

Benjamin Drew, A North-Side View of Slavery: The Refugee, Or the Narratives of Fugitive Slaves in Canada (Boston: Jewett, 1856), FULL TEXT via Documenting the American South


Excerpt

man, beareded, shoulders and head

Abolitionist Benjamin Drew traveled to Canada and interviewed freedom seekers, resulting in an 1856 book (Ohio History Connection)

THE colored population of Upper Canada, was estimated in the First Report of the Anti-Slavery Society of Canada, in 1852, at thirty thousand. Of this large number, nearly all the adults, and many of the children, have been fugitive slaves from the United States; it is, therefore, natural that the citizens of this Republic should feel an interest in their fate and fortunes. Many causes, however, have hitherto prevented the public generally from knowing their exact condition and circumstances. Their enemies, the supporters of slavery, have represented them as “indolent, vicious, and debased; suffering and starving, because they have no kind masters to do the thinking for them, and to urge them to the necessary labor, which their own laziness and want of forecast, lead them to avoid.” Some of their friends, anxious to obtain aid for the comparatively few in number, (perhaps three thousand in all,) who have actually stood in need of assistance, have not, in all cases, been sufficiently discriminating in their statements: old settlers and new, the rich and the poor, the good and the bad, have suffered alike from imputations of poverty and starvation–misfortunes, which, if resulting from idleness, are akin to crimes. Still another set of men, selfish in purpose, have, while pretending to act for the fugitives, found a way to the purses of the sympathetic, and appropriated to their own use, funds intended for supposititious sufferers.

Such being the state of the case, it may relieve some minds from doubt and perplexity, to hear from the refugees themselves, their own opinions of their condition and their wants. These will be found among the narratives which occupy the greater part of the present volume.

Further, the personal experiences of the colored Canadians, while held in bondage in their native land, shed a peculiar lustre on the Institution of the South. They reveal the hideousness of the sin, which, while calling on the North to fall down and worship it, almost equals the tempter himself in the felicity of scriptural quotations.

The narratives were gathered promiscuously from persons whom the author met with in the course of a tour through the cities and settlements of Canada West. While his informants talked, the author wrote: nor are there in the whole volume a dozen verbal alterations which were not made at the moment of writing, while in haste to make the pen become a tongue for the dumb.

Many who furnished interesting anecdotes and personal histories may, perhaps, feel some disappointment because their contributions are omitted in the present work. But to publish the whole, would far transcend the limits of a single volume. The manuscripts, however, are in safe-keeping, and will, in all probability, be given to the world on some future occasion.

For the real names which appear in the manuscripts of the narratives published, it has been deemed advisable, with few exceptions, that letters should be substituted….


Related Essays

(1857) Dred Scott Decision

Citation

Majority opinion by Chief Justice Roger Taney in Scott v. Sanford, March 6, 1857, FULL TEXT via National Archives


Excerpt

Scott Family colorized

Scott family (Colorized by House Divided Project)

In the opinion of the court, the legislation and histories of the times, and the language used in the Declaration of Independence, show, that neither the class of persons who had been imported as slaves, nor their descendants, whether they had become free or not, were then acknowledged as a part of the people, nor intended to be included in the general words used in that memorable instrument.

It is difficult at this day to realize the state of public opinion in relation to that unfortunate race, which prevailed in the civilized and enlightened portions of the world at the time of the Declaration of Independence, and when the Constitution of the United States was framed and adopted. But the public history of every European nation displays it in a manner too plain to be mistaken.

They had for more than a century before been regarded as beings of an inferior order, and altogether unfit to associate with the white race, either in social or political relations; and so far inferior, that they had no rights which the white man was bound to respect; and that the negro might justly and lawfully be reduced to slavery for his benefit. He was bought and sold, and treated as an ordinary article of merchandise and traffic, whenever a profit could be made by it. This opinion was at that time fixed and universal in the civilized portion of the white race. It was regarded as an axiom in morals as well as in politics, which no one thought of disputing, or supposed to be open to dispute; and men in every grade and position in society daily and habitually acted upon it in their private pursuits, as well as in matters of public concern; without doubting for a moment the correctness of this opinion.

And in no nation was this opinion here firmly fixed or more uniformly acted upon than by the English Government and English people. They not only seized them on the coast of Africa, and sold them or held them in slavery for their own use; but they took them as ordinary articles of merchandise to every country where they could make a profit on them, and were far more extensively engaged in this commerce, than any other nation in the world.

The opinion thus entertained and acted upon in England was naturally impressed upon the colonies they founded on this side of the Atlantic. And, accordingly, a negro of the African race was regarded by them as an article of property, and held, and bought and sold as such, in every one of the thirteen colonies which united in the Declaration of Independence, and afterwards formed the Constitution of the United States. The slaves were more or less numerous in the different colonies, as slave labor was found more or less profitable. But no one seems to have doubted the correctness of the prevailing opinion of the time.


Related Sources


Related Essays

Powered by WordPress & Theme by Anders Norén