Chapter 40

"_Per Cur. Derbigny_, J. The petitioner is a negro in actual state of slavery; he claims his freedom, and is bound to prove it. In his attempt, however, to show that he was free before he was introduced into this country, he has failed, so that his claim rests entirely on the laws prohibiting the introduction of slaves in the United States. That the plaintiff was imported since that prohibition does exist is a fact sufficiently established by the evidence. What right he has acquired under the laws forbidding such importation is the only question which we have to examine. Formerly, while the act dividing Louisiana into two territories was in force in this country, slaves introduced here in contravention to it, were freed by operation of law; but that act was merged in the legislative provisions which were subsequently enacted on the subject of importation of slaves into the United States generally. Under the now existing laws, the individuals thus imported acquire _no personal right_, they are mere passive beings, who are disposed of _according to the will_ of the different state legislatures. In this country they are to _remain slaves_, and TO BE SOLD FOR THE BENEFIT OF THE STATE. The plaintiff, therefore, has nothing to claim as a freeman; and as to a mere change of master, should such be his wish, _he cannot be listened to in a court of justice_."

Extract from a speech of Mr. Thomson of Penn. in Congress, March 1, 1826, on the prisons in the District of Columbia.

"I visited the prisons twice that I might myself ascertain the truth. * * In one of these cells (but eight feet square,) were confined at that time, seven persons, three women and four children. The children were confined under a strange system of law in this District, by which a colored person who _alleges_ HE IS FREE, and appeals to the tribunals of the country, to have the matter tried, is COMMITTED TO PRISON, till the decision takes place. They were almost naked--one of them was sick, lying on the damp brick floor, _without bed, pillow, or covering_. In this abominable cell, seven human beings were confined day by day, and night after night, without a bed, chair, or stool, or any other of the most common necessaries of life."--_Gales' Congressional Debates_, v.2, p. 1480.

The following facts serve to show, that the present generation of slaveholders do but follow in the footsteps of their fathers, in their zeal for LIBERTY.

Extract from a document submitted by the Committee of the yearly meeting of Friends in Philadelphia, to the Committee of Congress, to whom was referred the memorial of the people called Quakers, in 1797.

"In the latter part of the year 1776, several of the people called Quakers, residing in the counties of Perquimans and Pasquotank, in the state of North Carolina, liberated their negroes, as it was then clear there was no existing law to prevent their so doing; for the law of 1741 could not at that time be carried into effect; and they were suffered to remain free, until a law passed, in the spring of 1777, under which they were taken up and sold, contrary to the Bill of Rights, recognized in the constitution of that state, as a part thereof, and to which it was annexed.

"In the spring of 1777, when the General Assembly met for the first time, a law was enacted to prevent slaves from being emancipated, except for meritorious services, &c. to be judged of by the county courts or the general assembly; and ordering, that if any should be manumitted in any other way, they be taken up, and the county courts within whose jurisdictions they are apprehended should order them to be sold. Under this law the county courts of Perquimans and Pasquotank, in the year 1777, ordered A LARGE NUMBER OF PERSONS TO BE SOLD, WHO WERE FREE AT THE TIME THE LAW WAS MADE. In the year 1778 several of those cases were, by certiorari, brought before the superior court for the district of Edentorn, where the decisions of the county courts were reversed, the superior court declaring, that said county courts, in such their proceedings, have exceeded their jurisdiction, violated the rights of the subject, and acted in direct opposition to the Bill of Rights of this state, considered justly as part of the constitution thereof; by giving to a law, not intended to affect this case, a retrospective operation, thereby to deprive free men of this state of their liberty, contrary to the laws of the land. In consequence of this decree several of the negroes were again set at liberty; but the next General Assembly, early in 1779, passed a law, wherein they mention, that doubts have arisen, whether the purchasers of such slaves have a good and legal title thereto, and CONFIRM the same; under which they were again taken up by the purchasers and reduced to slavery."

[The number of persons thus re-enslaved was 134.]

The following are the decrees of the Courts, ordering the sale of those freemen:--

"Perquimans County, July term, at Hartford, A.D. 1777.

"These may certify, that it was then and there ordered, that the sheriff of the county, to-morrow morning, at ten o'clock, expose to sale, to the highest bidder, for ready money, at the court-house door, the several negroes taken up as free, and in his custody, agreeable to law.

"Test. WM. SKINNER, Clerk. "A true copy, 25th August, 1791. "Test. J. HARVEY, Clerk."

"Pasquotank County, September Court, &c. &c. 1777.

"Present, the Worshipful Thomas Boyd, Timothy Hickson, John Paelin, Edmund Clancey, Joseph Reading, and Thomas Rees, Esqrs. Justices.

"It was then and there ordered, that Thomas Reading, Esq. take the FREE negroes taken up under an act to prevent domestic insurrections and other purposes, and expose the same to _the best bidder_, at public vendue, for ready money, and be accountable for the same, agreeable to the aforesaid act; and make return to this or the next succeeding court of his proceedings.

"A copy. ENOCH REESE, C.C."

THE PROTECTION OF "PUBLIC OPINION" TO DOMESTICS TIES.

The barbarous indifference with which slaveholders regard the forcible sundering of husbands and wives, parents and children, brothers and sisters, and the unfeeling brutality indicated by the language in which they describe the efforts made by the slaves, in their yearnings after those from whom they have been torn away, reveals a 'public opinion' towards them as dead to their agony as if they were cattle. It is well nigh impossible to open a southern paper without finding evidence of this. Though the truth of this assertion can hardly be called in question, we subjoin a few illustrations, and could easily give hundreds.

From the "Savannah Georgian," Jan. 17, 1839. "$100 reward will be given for my two fellows, Abram and Frank. Abram has a _wife_ at Colonel Stewart's, in Liberty county, and a _sister_ in Savannah, at Capt. Grovenstine's. Frank has a _wife_ at Mr. Le Cont's, Liberty county; a _mother_ at Thunderbolt, and a _sister_ in Savannah.

WM. ROBARTS. Wallhourville, 5th Jan. 1839"

From the "Lexington (Ky.) Intelligencer." July 7, 1838.

"$160 Reward.--Ranaway from the subscribers living in this city, on Saturday 16th inst. a negro man, named Dick, about 37 years of age. It is highly probable said boy will make for New Orleans as _he has a wife_ living in that city, and he has been heard to say frequently that _he was determined to go to New Orleans_.

"DRAKE C. THOMPSON. "Lexington, June 17, 1838"

From the "Southern Argus," Oct. 31, 1837.

"Runaway--my negro man, Frederick, about 20 years of age. He is no doubt near the plantation of G.W. Corprew, Esq of Noxubbee County, Mississippi, as _his wife belongs to that gentleman, and he followed her from my residence_. The above reward will be paid to any one who will confine him in jail and inform me of it at Athens, Ala. "Athens, Alabama. KERKMAN LEWIS."

From the "Savannah Georgian," July 8, 1837.

"Ran away from the subscriber, his man Joe. He visits the city occasionally, where he has been harbored by his _mother_ and _sister_. I will give one hundred dollars for proof sufficient to _convict his harborers_. R.P.T. MONGIN."

The "Macon (Georgia) Messenger," Nov. 23, 1837, has the following:--

"$25 Reward.--Ran away, a negro man, named Cain. He was brought from Florida, and _has a wife near Mariana_, and probably will attempt to make his way there. H.L. COOK."

From the "Richmond (Va.) Whig," July 25, 1837.

"Absconded from the subscriber, a negro man, by the name of Wilson. He was born in the county of New Kent, and raised by a gentleman named Ratliffe, and by him sold to a gentleman named Taylor, on whose farm he had a _wife_ and _several children_. Mr. Taylor sold him to a Mr. Slater, who, in consequence of removing to Alabama, Wilson left; and when retaken was sold, and afterwards purchased, by his present owner, from T. McCargo and Co. of Richmond."

From the "Savannah (Ga. ) Republican," Sept. 3, 1838.

"$20 Reward for my negro man Jim.--Jim is about 50 or 55 years of age. It is probable he will aim for Savannah, as he said _he had children_ in that vicinity.

J.G. OWENS. Barnwell District, S.C."

From the "Staunton (Va.) Spectator," Jan. 3, 1839.

"Runaway, Jesse.--He has a _wife_, who belongs to Mr. John Ruff, of Lexington, Rockbridge county, and he may probably be lurking in that neighborhood. MOSES McCUE."

From the "Augusta (Georgia) Chronicle," July 10, 1837.

"$120 Reward for my negro Charlotte. She is about 20 years old. She was purchased some months past from Mr. Thomas. J. Walton, of Augusta, by Thomas W. Oliver; and, as her _mother_ and acquaintances live in that city, it is very likely she is _harbored_ by some of them. MARTHA OLIVER."

From the "Raleigh (N.C.) Register," July 18, 1837.

Ranaway from the subscriber, a negro man named Jim, the property of Mrs. Elizabeth Whitfield. He _has a wife_ at the late Hardy Jones', and may probably be lurking in that neighborhood. JOHN O'RORKE."

From the "Richmond (Va.) Compiler," Sept. 8, 1837.

"Ranaway from the subscriber, Ben. He ran off without any known cause, and _I suppose he is aiming to go to his wife, who was carried from the neighborhood last winter_. JOHN HUNT."

From the "Charleston (S.C.) Mercury," Aug. 1, 1837.

"Absconded from Mr. E.D. Bailey, on Wadmalaw, his negro man, named Saby. Said fellow was purchased in January, from Francis Dickinson, of St. Paul's parish, and is probably now in that neighborhood, _where he has a wife_. THOMAS N. GADSDEN."

From the "Portsmouth (Va.) Times," August 3, 1838.

"$50 dollars Reward will be given for the apprehension of my negro man Isaac. He _has a wife_ at James M. Riddick's, of Gates county, N.C. where he may probably be lurking. C. MILLER."

From the "Savannah (Georgia) Republican." May 24, 1838.

"$40 Reward.--Ran away from the subscriber in Savannah, his negro girl Patsey. She was purchased among the gang of negroes, known as the Hargreave's estate. She is no doubt lurking about Liberty county, at which place _she has relatives_. EDWARD HOUSTOUN, of Florida"

From the "Charleston (S.C.) Courier," June 29, 1837.

"$20 Reward will be paid for the apprehension and delivery, at the workhouse in Charleston, of a mulatto woman, named Ida. It is probable she may have made her way into Georgia, where she has _connections_. MATTHEW MUGGRIDGE."

From the "Norfolk (Va.) Beacon," March 31, 1838.

"The subscriber will give $20 for the apprehension of his negro woman, Maria, who ran away about twelve months since. She is known to be lurking in or about Chuckatuch, in the county of Nansemond, where _she has a husband_, and _formerly belonged_. PETER ONEILL."

From the "Macon (Georgia) Messenger," Jan. 16, 1839.

"Ranaway from the subscriber, two negroes, Davis, a man about 45 years old; also Peggy, his wife, near the same age. Said negroes will probably make their way to Columbia county, as _they have children_ living in that county. I will liberally reward any person who may deliver them to me. NEHEMIAH KING."

From the "Petersburg (Va.) Constellation," June 27, 1837.

"Ranaway, a negro man, named Peter. _He has a wife_ at the plantation of Mr. C. Haws, near Suffolk, where it is supposed he is still lurking. JOHN L. DUNN."

From the "Richmond (Va.) Whig," Dec. 7, 1739.

"Ranaway from the subscriber, a negro man, named John Lewis. It is supposed that he is lurking about in New Kent county, where he professes to have a _wife_. HILL JONES, Agent for R.F. & P. Railroad Co."

From the "Red River (La.) Whig," June 2d, 1838.

"Ran away from the subscriber, a mulatto woman, named Maria. It is probable she may be found in the neighborhood of Mr. Jesse Bynum's plantation, where _she has relations_, &c. THOMAS J. WELLS."

From the "Lexington (Ky.) Observer and Reporter," Sept. 28, 1838.

"$50 Reward.--Ran away from the subscriber, a negro girl, named Maria. She is of a copper color, between 13 and 14 years of age--_bare headed_ and _bare footed_. She is small of her age--very sprightly and very likely. She stated she was _going to see her mother_ at Maysville. SANFORD THOMSON."

From the "Jackson (Tenn.) Telegraph," Sept. 14, 1838.

"Committed to the jail of Madison county, a negro woman, who calls her name Fanny, and says she belongs to William Miller, of Mobile. She formerly belonged to John Givins, of this county, who now owns _several of her children_. DAVID SHROPSHIRE, Jailor."

From the "Norfolk (Va.) Beacon," July 3d, 1838.

"Runaway from my plantation below Edenton, my negro man, Nelson. _He has a mother living_ at Mr. James Goodwin's, in Ballahack, Perquimans county; and _two brothers_, one belonging to Job Parker, and the other to Josiah Coffield. WM. D. RASCOE."

From the "Charleston (S.C.) Courier," Jan. 12, 1838.

"$100 Reward.--Run away from the subscriber, his negro fellow, John. He is well known about the city as one of my bread carriers: _has a wife_ living at Mrs. Weston's, on Hempstead. John formerly belonged to Mrs. Moor, near St. Paul's church, where his _mother_ still lives, and _has been harbored by her_ before.

JOHN T. MARSHALL. 60, Tradd street."

From the "Newbern (N.C.) Sentinel," March 17, 1837.

"Ranaway, Moses, a black fellow, about 40 years of age--has a _wife_ in Washington.

THOMAS BRAGG, Sen. Warrenton, N.C."

From the "Richmond (Va.) Whig," June 30, 1837.

"Ranaway, my man Peter.--He has a _sister_ and _mother_ in New Kent, and a _wife_ about fifteen or eighteen miles above Richmond, at or about Taylorsville. THEO. A. LACY."

From the "New Orleans Bulletin," Feb. 7, 1838.

"Ranaway, my negro Philip, aged about 40 years.--He may have gone to St. Louis, as _he has a wife there_. W.G. CLARK, 70 New Levee."

From the "Georgian," Jan. 29, 1838.

"A Reward of $5 will be paid for the apprehension of his negro woman, Diana. Diana is from 45 to 50 age. She formerly belonged to Mr. Nath. Law, of Liberty county, _where her husband still lives_. She will endeavor to go there perhaps. D. O'BYRNE."

From the "Richmond (Va.) Enquirer," Feb. 20, 1838.

"$10 Reward for a negro woman, named Sally, 40 years old. We have just reason to believe the said negro to be now lurking on the James River Canal, or in the Green Spring neighborhood, where, we are informed, _her husband resides_. The above reward will be given to any person _securing_ her.

POLLY C. SHIELDS. Mount Elba, Feb. 19, 1838."

"$50 Reward.--Ran away from the subscriber, his negro man Pauladore, commonly called Paul. I understand GEN. R.Y. HAYNE _has purchased his wife and children_ from H.L. PINCKNEY, Esq. and has them now on his plantation at Goosecreek, where, no doubt, the fellow is frequently _lurking_. T. DAVIS."

"$25 Reward.--Ran away from the subscriber, a negro woman, named Matilda. It is thought she may be somewhere up James River, as she was claimed as _a wife_ by some boatman in Goochland. J. ALVIS."

"Stop the Runaway!!!--$25 Reward. Ranaway from the Eagle Tavern, a negro fellow, named Nat. He is no doubt attempting to _follow his wife, who was lately sold to a speculator_ named Redmond. The above reward will be paid by Mrs. Lucy M. Downman, of Sussex county, Va."

Multitudes of advertisements like the above appear annually in the southern papers. Reader, look at the preceding list--mark the unfeeling barbarity with which their masters and _mistresses_ describe the struggles and perils of sundered husbands and wives, parents and children, in their weary midnight travels through forests and rivers, with torn limbs and breaking hearts, seeking the embraces of each other's love. In one instance, a mother torn from all her children and taken to a remote part of another state, presses her way back through the wilderness, hundreds of miles, to clasp once more her children to her heart: but, when she has arrived within a few miles of them, in the same county, is discovered, seized, dragged to jail, and her purchaser told, through an advertisement, that she awaits his order. But we need not trace out the harrowing details already before the reader.

Rev. C.S. RENSHAW, of Quincy, Illinois, who resided some time in Kentucky, says;--

"I was told the following fact by a young lady, daughter of a slaveholder in Boone county, Kentucky, who lived within half a mile of Mr. Hughes' farm. Hughes and Neil traded in slaves down the river: they had bought up a part of their stock in the upper counties of Kentucky, and brought them down to Louisville, where the remainder of their drove was in jail, waiting their arrival. Just before the steamboat put off for the lower country, two negro women were offered for sale, each of them having a young child at the breast. The traders bought them, took their babes from their arms, and offered them to the highest bidder; and they were sold for one dollar apiece, whilst the stricken parents were driven on board the boat; and in an hour were on their way to the New Orleans market. You are aware that a young babe _decreases_ the value of a field hand in the lower country, whilst it increases her value in the 'breeding states.'"

The following is an extract from an address, published by the Presbyterian Synod of Kentucky, to the churches under their care, in 1835:--

"Brothers and sisters, parents and children, husbands and wives, are _torn asunder_, and permitted to see each other no more. These acts are DAILY occurring in the midst of us. The _shrieks_ and the _agony, often_ witnessed on such occasions, proclaim, with a trumpet tongue, the iniquity of our system. _There is not a neighborhood_ where these heart-rending scenes are not displayed. _There is not a village or road_ that does not behold the sad procession of manacled outcasts, whose mournful countenances tell that they are exiled by _force_ from ALL THAT THEIR HEARTS HOLD DEAR."--_Address_, p. 12.

Professor ANDREWS, late of the University of North Carolina, in his recent work on Slavery and the Slave Trade, page 147, in relating a conversation with a slave-trader, whom he met near Washington City, says, he inquired,

"'Do you _often_ buy the wife without the husband?' 'Yes, VERY OFTEN; and FREQUENTLY, too, they _sell me the mother while they keep her children. I have often known them take away the infant from its mother's breast, and keep it, while they sold her_.'"

The following sale is advertised in the "Georgia Journal," Jan, 2, 1838.

"Will be sold, the following PROPERTY, to wit: One ---- CHILD, by the name of James, _about eight months old_, levied on as the property of Gabriel Gunn."

The following is a standing advertisement in the Charleston (S.C.) papers:--

"120 Negroes for Sale--The subscriber has _just arrived from Petersburg, Virginia_, with one hundred and twenty _likely young_ negroes of both sexes and every description, which he offers for sale on the most reasonable terms.

"The lot now on hand consists of plough boys several likely and well-qualified house servants of both sexes, several _women with children, small girls_ suitable for nurses, and several SMALL BOYS WITHOUT THEIR MOTHERS. Planters and traders are earnestly requested to give the subscriber a call previously to making purchases elsewhere, as he is enabled and will sell as cheap, or cheaper, than can be sold by any other person in the trade. BENJAMIN DAVIS. Hamburg, S.C. Sept. 28, 1838."

Extract Of a letter to a member of Congress from a friend in Mississippi, published in the "Washington Globe," June, 1837.

"The times are truly alarming here. Many plantations _are entirely stripped of negroes_ (protection!) and horses, by the marshal or sheriff.--Suits are multiplying--two thousand five hundred in the United States Circuit Court, and three thousand in Hinds County Court."

Testimony of MR. SILAS STONE, of Hudson, New York. Mr. Stone is a member of the Episcopal Church, has several times been elected an Assessor of the city of Hudson, and for three years has filled the office of Treasurer of the County. In the fall of 1807, Mr. Stone witnessed a sale of slaves, in Charleston, South Carolina, which he thus describes in a communication recently received from him.

"I saw droves of the poor fellows driven to the slave markets kept in different parts of the city, one of which I visited. The arrangements of this place appeared something like our northern horse-markets, having sheds, or barns, in the rear of a public house, where alcohol was a handy ingredient to stimulate the spirit of jockeying. As the traders appeared, lots of negroes were brought from the stables into the bar room, and by a flourish of the whip were made to assume an active appearance. 'What will you give for these fellows?' 'How old are they? 'Are they healthy?' 'Are they quick?' &c. at the same time the owner would give them a cut with a cowhide, and tell them to dance and jump, cursing and swearing at them if they did not move quick. In fact all the transactions in buying and selling slaves, partakes of jockey-ship, as much as buying and selling horses. There was as little regard paid to the feelings of the former as we witness in the latter.

"From these scenes I turn to another, which took place in front of the noble 'Exchange Buildings,' in the heart of the city. On the left side of the steps, as you leave the main hall, immediately under the windows of that proud building, was a stage built, on which a mother with eight children were placed, and sold at auction. I watched their emotions closely, and saw their feelings were in accordance to human nature. The sale began with the eldest child, who, being struck off to the highest bidder, was taken from the stage or platform by the purchaser, and led to his wagon and stowed away, to be carried into the country; the second, and third were also sold, and so until seven of the children were torn from their mother, while her discernment told her they were to be separated probably forever, causing in that mother the most agonizing sobs and cries, in which the children seemed to share. The scene beggars description; suffice it to say, it was sufficient to cause tears from one at least 'whose skin was not colored like their own,' and I was not ashamed to give vent to them."

THE "PROTECTION" AFFORDED BY "PUBLIC OPINION" TO CHILDHOOD AND OLD AGE.

In the "New Orleans Bee," May 31, 1837, MR. P. BAHI, gives notice that he has _committed to_ JAIL as a runaway 'a _little_ negro AGED ABOUT SEVEN YEARS.'

In the "Mobile Advertiser," Sept. 13, 1838, WILLIAM MAGEE, Sheriff, gives notice that George Walton, Esq. Mayor of the city has _committed_ to JAIL as a runaway slave, Jordan, ABOUT TWELVE YEARS OLD, and the Sheriff proceeds to give notice that if no one claims him the boy will be _sold as a slave_ to pay jail fees.

In the "Memphis (Tenn.) Gazette," May 2, 1837, W.H. MONTGOMERY advertises that he will sell at auction a BOY AGED 14, ANOTHER AGED 12, AND A GIRL 10, to pay the debts of their deceased master.