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Samuel Irwin was reputedly born in Antrim, Ireland about 1780 and died in Abbeville, South Carolina about 1859. In 1850 he was living in Saluda Regiment, Abbeville with his wife Elizabeth, his granddaughter Ellen F Spellors and his sister Isabella Cowan. His Will dated Sept. 1852 acknowledged only two children, Jane Irwin Purdy and James Irwin. Samuel Irwin also made provision for his wife Elizabeth, grandaughters Ellen/Eleanor Spellors, Elizabeth A, Margaret A and Sarah G Purdy, grandsons Samuel and Robert Irvin, James H Purdy, Samuel A Purdy, William A Purdy and Samuel's sister Isabella Cowan. As he directed what was to become of the people he enslaved, Samuel Irwin named the following family groups: Kiza & her children Tilda & Mary Elizabeth Little Bet & her children , Charlotte, Emma, Laura, Jane, Anna, Henry, Margaret Polly & her daughters Allsy, Louisa, Froney also known as Dos, & her son Israel He also named Newman, his 'manservant'. In spite of acknowledging the enslaved childrens' mothers, Samuel Irwin intended each enslaved child to be given to each of his grandchildren upon their coming of age. In this way, he compounded further the break up of the families he enslaved. In the 1870 Census for Abbeville County, there are 14 Black Americans with the surname Irwin or variants. Although we cannot know what names the families chose after Emancipation it is interesting to note that there are two Betties enumerated, one of whom was born about 1838. Sources 1830 US Federal Census https://www.familysearch.org/ark:/61903/3:1:33S7-9YY1-9H2B?i=47&cc=1803958 1840 US Federal Census www.familysearch.org/ark:/61903/3:1:33S7-9YB7-VHF?i=147&cc=1786457 1850 US Federal Census www.familysearch.org/ark:/61903/3:1:S3HT-69T3-YXQ?i=263&cc=1401638&personaUrl=%2Fark%3A%2F61903%2F1%3A1%3AM8Q8-V58 1850 Slave Schedule www.familysearch.org/ark:/61903/1:1:HRW4-1R6Z Bettie Irving b.1838 in the 1870 US Federal Census www.familysearch.org/ark:/61903/1:1:M8TS-SM2 South Carolina, U.S., Wills and Probate Records, 1670-1980, ancestry.com (accessed 14 Feb. 2023) South Carolina Naturalizations 1783-1850, compiled by Brent H Holcomb, Genealogical Publishing Company, Inc., Baltimore Maryland 1985 Abbeville Banner 24 Nov. 1859
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Adeline Cabean, born about 1844 in Fairfield County, South Carolina was the daughter of Charity, an enslaved woman and Richard Cabean (b. 1813), an Irish overseer. Adeline married John Clowney Brown, born 1855, in the 1870s, and in 1880 was recorded in the U.S. Federal Census as the mother of four children: Jane L Brown born 1872, Willie born 1876, Robert born 1877 and John born 1879. In 1900, Adeline & John Brown were still living in Blackstock Town which straddles Fairfield County and Chester County. Their children were recorded as Louisa C born 1873, Lee born 1880, a son Merriam born 1881, George born 1885, Annie born 1888, Sallie B born 1893, Wylie born 1895 and a daughter Willie F born 1896. Adeline is recorded as the mother of 14 children of whom only eight are living. Next door to them in 1900, William Brown (1867), his wife Manda, daughters Hattie & Fannie M and sons Anner, Johnnie & Lawrence were living. Other near neighbours included the Young, Lewis, Strong, Reed, Mobley and Dunbar (who were Irish-born) families. By 1910, John and Adeline had only one child living at home, their son Wylie and a woman named Louisa Coleman identified as John's stepdaughter. Louisa Coleman appears to be the same woman as Louisa C born 1873 recorded as their daughter in 1900. The families of Henry L Brown and Eyerabim Brown, living nearby would need to be researched to see if they are the children of John and Adeline. In 1920, John and Adeline's daughter Willie had returned to live at home with their son?? Hayman recorded as born in 1907. In this Census, Adeline's father's place of birth is finally recorded as Ireland. Adeline ia also recorded as eleven years older than her husband which ties in with his statement to Dixon of the Federal Writers Project. In 1930, John and Adeline were living together in the same place but Adeline's name is recorded as Emmaline. The Census of 1940 recorded John C Brown as a widower living with his daughter Annie and his son-in-law Charley Coleman (b. 1885) who was also the informant at John's death in 1946. The families of Charlie, Jim and Blake Curbeam are their nearest neighbours. This is another research avenue as when Wylie Brown died in 1938, his mother Adeline was recorded not as Adeline Cabean but Adline Curbeans. Adeline Cabean and her mother Charity were formerly enslaved by the family of Robert Cheyne Clowney (1838-1885) who was born in Co. Down, Ireland and died in Fairfield County. Robert was the son of John Clowney (1791-1848). Sources Federal Writers Project John C Brown www.loc.gov/resource/mesn.141/?sp=130 1850 U.S. Federal Census Richard Cabean www.familysearch.org/ark:/61903/1:1:M8QN-CBV 1870 U.S. Federal Census Robert Clowney www.familysearch.org/ark:/61903/1:1:M8RJ-DHG 1880 U.S. Federal Census www.familysearch.org/ark:/61903/1:1:M6S8-6RQ 1900 U.S. Federal Census www.familysearch.org/ark:/61903/1:1:M3RR-XMP 1910 U.S. Federal Census www.familysearch.org/ark:/61903/1:1:XMB9-NT8 1920 U.S. Federal Census www.familysearch.org/ark:/61903/1:1:M6Z6-6DR 1930 U.S. Federal Census www.familysearch.org/ark:/61903/1:1:SPC4-N7T 1940 U.S. Federal Census www.familysearch.org/ark:/61903/1:1:K4DS-TVN Death Certificate 1946 John Clowney Brown www.familysearch.org/ark:/61903/1:1:FPMX-3JP Death Certificate 1938 Wylie Brown www.familysearch.org/ark:/61903/1:1:N9JH-2G8 Thomas Joseph Flinn was born in Dublin, Ireland about 1798 and died in South Carolina in 1865. In 1850, he enslaved eighteen human beings: nine men and boys ranging in age from 1-55 and nine women ranging in age from 3-50. He was a physician and his Real Estate was valued at $6,750.
His wife Eliza Zimmerman was born in South Carolina about 1801. His son Henry (born abut 1826 in SC) was also a physician and his daughter Ellen was born about 1839 also in SC. By 1860, Flinn's Personal Estate had increased in value to $45,627. He enslaved thirty-four human beings who are listed not in family groups but by gender only in 1860. In the same year, Flinn's son Henry Kirk White Flinn (1826-1872) enslaved sixty-seven men, women and children also in Darlington County. Sources 1850 US Federal Census, Darlington, South Carolina https://www.familysearch.org/ark:/61903/1:1:M8QN-SS9 1850 Slave Schedule, Darlington, South Carolina (trans. Flina) https://www.familysearch.org/ark:/61903/1:1:HRWC-S4ZM 1860 US Federal Census, Darlington, South Carolina https://www.familysearch.org/ark:/61903/1:1:MZTF-HSC 1860 Slave Schedule Darlington, South Carolina https://www.familysearch.org/ark:/61903/1:1:WKTF-4BZM 1860 Slave Schedule, Darlington, South Carolina https://www.familysearch.org/ark:/61903/1:1:WKTX-5GMM Memorial https://www.findagrave.com/memorial/65949890/thomas-joseph-flinn Florence O'Sullivan, the soldier, was on the first voyage into the Carolina Colony in 1670. He was originally from Kinsale, Co. Cork and had lived in Barbados and in St. Margaret, Westminster, London prior to settling in the Carolina Colony. He was appointed surveyor of the Colony by Lords Proprietors, was appointed to the Council and the Assembly and also acted as deputy to Sir Peter Colleton. He arrived with indentured servants William Bevin, John Dale, Elizabeth Dimmock, Brian Fitzpatrick, John Mare, John Scott, Teigue Shugeron, Daniel Sullivan, and George White. Brian Fitzpatrick, became a landowner in his own right following his indenture. By 1673, O'Sullivan had been replaced by John Culpepper as surveyor, owing to numerous complaints. However, he served in the Militia from 1672-76 and as Commissioner of Public Accounts 1682-3. A total of two thousand four hundred acres along the Ashley River had been confirmed to him by 1680. After 1683, it has not been possible to find information readily about O'Sullivan. It is possible that he returned to Barbados. Sullivan's Island, once the quarantine place for enslaved people upon arrival in South Carolina and now a modern day wealthy suburb of Charleston, is named for him. Sources St. Julien Childs, 'The First South Carolinians' in The South Carolina Historical Magazine, 71:2 (April 1970), pp 101-8. Patrick Melvin, 'Captain Florence O'Sullivan and the origins of South Carolina' in The South Carolina Historical Magazine, 76:4 (Oct. 1975), pp 235-249. Arthur Mitchell, South Carolina Irish, (Charleston, 2011).
I would like to give a warm welcome today to our newest contributor Margaret Seidler. Margaret is a native of Charleston, South Carolina. She is retired now after a career in leadership development and organization management.
After a lifetime of believing that my family was not involved in slavery, a deeper investigation of my family tree led to the discovery that I am a descendant of John Gordon Torrans of County Derry, Ireland (1702-1780), a partner in the shipping and shipping agent firm of Torrans, Greg and Poaug on Bay Street. Torrans, Greg and Pouag brought many Ulster people to the Carolinas, then later expanded their operation to include the transportation of enslaved Africans into Charleston. In 1791, Torrans' daughter Maria Margaret (1772-1827) married William Payne (dec. 1834). Payne was a son of servants to the Butler family from Cloughrenan, County Carlow, Ireland, He arrived in Charleston about 1786, accompanying their son, Edward Butler, the nephew of Major Pierce Butler. At first, Payne worked as a clerk for Pierce Butler but by 1803 he had started a brokerage business. He was later joined by his sons John William and Joshua. William Payne and Sons, became the largest auction house in Charleston engaged in the sale of thousands of enslaved people in the domestic slave trade. My research to date has focused on uncovering these transactions in historical newspaper advertisements.
The attached pdf. includes my research on William Payne & Sons to date and also my email address if you would like to contact me.
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Margaret Seidler: Domestic Slave Trading in Charleston 1800-1832 (13 Oct. 2020)
youtu.be/i3xE07VCax0
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If you would like to learn more about Margaret's research, the above talk was one she gave to local historians and tour guides in Charleston, Oct 2020. (Robert) Michael Gaffney was born about 1775 in Granard, Co. Longford. About 1804 he established a tavern and lodging house at the crossroads of a road from North Carolina to Charleston and another from Charlotte to Georgia. This became known as Gaffney's Crossroads. From these humble beginnings, Gaffney (City) became the county seat of Cherokee County when it was formed in 1897. Cherokee County was formed from parts of York, Union and Spartanburg Counties. In 1850, the U.S. Federal Census recorded M Gaffny, living in the household of his son, H G Gafney (Henry Green Gafney). The 1850 Slave Schedule recorded Michael Gaffney as the owner of 32 enslaved people, ranging in age from 60 to a newborn baby. A marker at his graveside records him as a man who had 'a life of many trials, considerable worldly success and long continuous struggles with the sins and evils of the world.' Note It has not been possible to access a copy of Gaffney's journal at this time, The Journal and Genealogy of Michael Gaffney: From Ireland to the Backwoods of South Carolina : the Travels, Adventures, Trials, Quaint Observations and Economic Conquests of the "Father of Gaffney" from 1797 to 1845 published by Scotia-Hibernia Press, 2004. Sources (all accessed 3 Jan. 2022) 1850 US Federal Census (www.familysearch.org/ark:/61903/1:1:M8Q2-PLM). 1850 Slave Schedule (www.familysearch.org/ark:/61903/1:1:HRWZ-2VT2). Memorial (www.findagrave.com/memorial/14558705/robert-michael-gaffney). Mitchell, Arthur, South Carolina Irish (Charleston, South Carolina 2011), pp 60-1. Mandee Jones was born about 1835 (according to earlier sources) in South Carolina. In the 1900 U.S. Federal Census, Mrs. Jones was recorded as a widow living with her son Kelly, her grand daughter Mary B Belk (age 20) and her great grand daughter Mary E Belk (age 1) in Gills Creek, Lancaster, South Carolina. She was the mother of 12 children, of whom 8 were still alive in 1900. There is no entry for her marriage date. Mrs. Jones was recorded as a home-owner, a remarkable achievement for a woman born in slavery who could not read or write. I first discovered Mandee Jones, known as Grushey prior to Emancipation, in the property records of Irish slaveholder William McKenna. She and her children William aged 7, Harriet aged 6, James Wash aged 3 and Eliza Jane aged 1, were listed for sale at public auction in January 1861 in Lancaster, South Carolina. In the 1870 U. S. Federal Census, Mandee Jones was recorded as Gushen McKenna, the mother of 6 children, Harriet, Dick, Eliza, Mary, Emma and Kelly ranging in age from 14-1. She and her family were given the racial designation Mulatto. This is significant because it suggests that she and/or her children may have had a European parent. Living next door to Gushen is Charles L Jones, Trial Justice, who is identified as her husband in the 1880 Census. Gushia was recorded as the wife of Charles L Jones in 1880. She was still living in Gills Creek, Lancaster County. Her children were named as Toney aged 21, Rufus aged 18, Mary aged 16, Daniel aged 14, Emma aged 12, Kelly aged 10 and Louiza aged 6. Gushia and Charles’ sons Toney, Rufus and Kelly were recorded as house servants as was their daughter Mary. Charles was recorded as a farmer and Gushia and her son Daniel as field labourers. Their daughter Eliza had married and had a son John Price aged 5 and daughter Louiza Price aged 3 and a two-month old baby girl. Charles Jones was one of the elected delegates of Lancaster County to the South Carolina Reconstruction Convention. The Convention took place at the Club House, Meeting Street, Charleston on 14 January 1868. More research needs to be undertaken to identify what happened to Charles L. Jones between 1880-1900. Jones family members All birth dates are approximate. Whilst every attempt has been made to achieve accuracy further research may call into question information contained here. Should this happen the blog will be updated promptly. An abbreviated version of this information is available www.google.com/maps/d/viewer?mid=1UWvU9xIybDTb73hveTaQORzs_bYkQig0&hl=en&usp=sharing Mandee Jones born 1835 her husband Charles L Jones born 1824 William/Dick born 1853 Harriet born 1854 James Wash 1857 Toney Jones born 1859 Eliza Jane Jones born 1859, husband surname Price, children John and Louiza Rufus Jones born 1862, wife Georgina Clinton or Crockett, children Mary Boyken (husband Albert), Charley, Hallie, Lollie, Henry (died 1918, burial Witherspoon), grandchildren Maud & Albert Boyken. Mary Jones born 1864 Daniel Jones born 1866 Emma Jones born 1866 Kelly Jones born 1869 Louiza Jones born 1874 By 1900, 4 of Mrs. Jones 12 children had died. Grandchildren of Mandee & Charles Jones Mary B Belk born 1880 Curtis Belk born 1875 Great grand daughter Mary E Belk born 1899 (probably daughter of Mary B Belk) Notes Mandee Jones name is transcribed as 'Mandee', however a close reading of the original document with Stacy Ashmore Cole suggests that her name is written as Mander. A descendant has contacted me also to say that many names she has found in documents have an 'r' added when a name ends in a vowel, for example Cula transcribed as Cular. In 1900, Mandee Jones is recorded as the mother of 12 children. It is on this basis and the fact that Mandee Jones is recorded as living with the above named children (at different times) that the children are recorded here as Mandee's children. Death certificates or other documents may prove otherwise. Sources
"List of Negroes, 14 November I860," along with a list of families and prices, CDA, Lynch Unclassified Papers, box 3, folder 2; Catalogue of Negro Slaves of the Estate of the Hon. William McKenna, Deceased... www.catholic-doc.org/archive1/index.php?p=collections/findingaid&id=370&q=episcopal&rootcontentid=70674#id70674 With thanks to Brian P Fahey, Archivist, Roman Catholic Diocese of Charleston. 1870 U.S. Federal Census 1880 U.S. Federal Census 1900 U. S Federal Census South Carolina Deaths 1915-1965 (familysearch.org) (accessed 1 Jan. 2021). Edgefield Advertiser, 18 Dec. 1867 historicnewspapers.sc.edu/lccn/sn84026897/1867-12-18/ed-1/seq-2/ William McKenna, part 1 www.enslavement-to-citizenship.com/african-americans-in-irish-slaveholder-records-blog/families-enslaved-by-william-mckenna-lancaster-county-south-carolina William Hill was born in 1805 in Co. Antrim to a Presbyterian family who supported the United Irishmen. He arrived in Charleston, South Carolina in 1822. By 1824 he had established himself as a storekeeper. He married Anna Hamilton Donald, the daughter of Major John Donald of Donaldsville. They went on to have six sons and four daughters. He served in the Seminole War in Florida in Captain Thomas Parker's company. By 1850 he is recorded as a farmer with Real Estate to the value of $2,500 residing in Saluda, Abbeville County. At this time he owned four enslaved people: two women aged 35 and 21, and two boys aged 15 and 12. He is not the only William Hill residing in Abbeville County in 1850 but he is the only one recorded as Irish-born at that time. In 1852, he was elected to the local court as Court Ordinary. He served in this role until 1868, at which time his position was retitled as Judge of Probate. Throughout his life Hill maintained correspondence with his brother David Hill and three letters can be found in the Irish Emigration Database which refer to his slaveholding activities. The Irish Emigration Database was established in 1988 and contains items from 1700-1950, Three-quarters of the collection are from the period 1820-1920 with a concentration of material from the Province of Ulster. In a letter dated 24 Jan 1855, to his brother David, William Hill acknowledges ownership of seven human beings, 'three young Negro fellows' unnamed and 'two Negro women' one of whom is only sixteen years of age but already the mother of two children, also unnamed. It is important to note that this young girl was only thirteen years of age when she had her first child. William Hill goes on to boast that his 'Negro property' is worth $6,000. It is clear from the letter that Hill understands that his brother David considers slavery to be morally wrong but he deflects criticism by reconstituting it as a difference of opinion, a defence in common use by slaveholders of the time. He continues by questioning the belief that slavery and Christianity are inconsistent and does not appreciate the attempts of David McAurtry to make him reconsider his position as a slaveholder. In 1860, William Hill is recorded as Court Ordinary (Judge) of Abbeville County with Real Estate valued at $8,000 and Personal Estate of $12,000. Personal Estate includes the market value of the human beings he enslaved. The 1860 Slave Schedule records his ownership of 14 enslaved people, the oldest a 62 year old woman and the youngest a newborn baby boy. William Hill's letter dated 2 Sept. 1865, bemoans his loss of wealth ($30,000) following Emancipation, which includes the loss of all but three of the people he enslaved. In spite of his career as a slaveholder, William Hill was lauded as a person of 'character and integrity' at the time of his death in 1886. Notes
I have been unable to find documents which name the people enslaved by William Hill to date and would welcome any information about them. Sources Letters from William Hill, Abbeville, South Carolina to his brother, David Hill, Co. Antrim, Ireland, Irish Emigration Database (www.dippam.ac.uk/ied) (accessed 14Jan. 2021). 1850 U.S. Federal Census 1850 Slave Schedule 1860 U.S. Federal Census 1860 Slave Schedule (familysearch.org) (accessed 12 Jan 2021). Abbeville Messenger 19 Jan. 1886 Mitchell, Arthur, South Carolina Irish, Charleston (2011), p. 64. Patrick Calhoun, born in Donegal, Ireland in 1727, died in Abbeville, South Carolina in 1796. Patrick Calhoun and his wife Martha Caldwell were the parents of politician John Caldwell Calhoun 1782-1850, Catherine Calhoun Waddel, William, James and Patrick Calhoun.
Enslaved people named in the Estate Inventory of Patrick Calhoun on 25 Jan. 1797: Men & boys Adam Jack Tully Simon Peter Bob Dick Charles Tom May Adam Pompey Dave Sawney Polydore Simon Women & girls Nance Rose Sarah Sal Dill Kate Rinah Nanny Jenny Fanny Sources: South Carolina Wills and Probate Records 1670-1980 (ancestry.com) (accessed 17 Nov. 2020). Camden Weekly Journal, 27 Mar. 1855. Benjamin, born c1768, was living in Philadelphia in 1804, enslaved by Pierce Butler, of Co. Carlow, Ireland, South Carolina and Butler Island, Georgia (1744-1822). He had lived mostly in Philadelphia since 1793. In 1804, Benjamin appealed for help to the Abolition Society since Pierce Butler had decided to send him to his Georgia plantation. Benjamin did not want to leave his wife in Philadelphia because she was in poor health. Isaac T Hopper, was appointed to serve a Writ of habeas corpus on Pierce Butler at his house on Chestnut Street.
After two adjournments for further investigation, Judge Inskeep, found in favour of Benjamin and set him free. Benjamin, began work for Isaac W Morris (1770-1831) in Cedar Grove about three miles outside Philadelphia. Isaac W Morris was also a Quaker and in 1804 had been appointed to the care of the school for free children of colour. However, Pierce Butler, did not relinquish his claim easily. While Benjamin was in Philadelphia, on business for his employer, he was arrested by a U.S. marshall on a Writ of De homine replegiando with bail set for $2,000. Isaac T Hopper and Thomas Harrison signed the bond and Benjamin was released once again. Judges Bushrod Washington and Richard Peters heard the Case in October 1806. Benjamin was discharged by the Circuit Court and 'enjoyed his liberty thenceforth without interruption.' Source L. Maria Child, Isaac T. Hopper, A True Life, (1853). (http://www.gutenberg.org) (7 Aug. 2019). E-text prepared by Curtis Weyant and Project Gutenberg Distributed Proofreaders. Following is an extract from Child's book, Isaac T. Hopper, A True Life. In August, 1804, a colored man about thirty-six years old waited upon the committee of the Abolition Society, and stated that he was born a slave to Pierce Butler, Esq., of South Carolina, and had always lived in his family. During the last eleven years, he had resided most of the time in Pennsylvania. Mr. Butler now proposed taking him to Georgia; but he was very unwilling to leave his wife, she being in delicate health and needing his support. After mature consideration of the case, the committee, believing Ben was legally entitled to freedom, agreed to apply to Judge Inskeep for a writ of habeas corpus; and Isaac T. Hopper was sent to serve it upon Pierce Butler, Esq., at his house in Chestnut-street. Being told that Mr. Butler was at dinner, he said he would wait in the hall until it suited his convenience to attend to him. Mr. Butler was a tall, lordly looking man, somewhat imperious in his manners, as slaveholders are wont to be. When he came into the hall after dinner, Friend Hopper gave him a nod of recognition, and said, "How art thou, Pierce Butler? I have here a writ of habeas corpus for thy Ben." Mr. Butler glanced over the paper, and exclaimed, "Get out of my house, you scoundrel!" Feigning not to hear him, Friend Hopper looked round at the pictures and rich furniture, and said with a smile, "Why, thou livest like a nabob here!" "Get out of my house, I say!" repeated Mr. Butler, stamping violently. "This paper on the walls is the handsomest I ever saw," continued Isaac. "Is it French, or English? It surely cannot have been manufactured in this country." Talking thus, and looking leisurely about him as he went, he moved deliberately toward the door; the slaveholder railing at him furiously all the while. "I am a citizen of South Carolina," said he. "The laws of Pennsylvania have nothing to do with me. May the devil take all those who come between masters and their slaves; interfering with what is none of their business." Supposing that his troublesome guest was deaf, he put his head close to his ear, and roared out his maledictions in stentorian tones. Friend Hopper appeared unconscious of all this. When he reached the threshold, he turned round and said, "Farewell. We shall expect to see thee at Judge Inskeep's." This imperturbable manner irritated the hot-blooded slave-holder beyond endurance. He repeated more vociferously than ever, "Get out of my house, you scoundrel! If you don't, I'll kick you out." The Quaker walked quietly away, as if he didn't hear a word. At the appointed time, Mr. Butler waited upon the Judge, where he found Friend Hopper in attendance. The sight of him renewed his wrath. He cursed those who interfered with his property; and taking up the Bible, said he was willing to swear upon that book that he would not take fifteen hundred dollars for Ben. Friend Hopper charged him with injustice in wishing to deprive the man of his legal right to freedom. Mr. Butler maintained that he was as benevolent as any other man. "Thou benevolent!" exclaimed Friend Hopper. "Why, thou art not even just. Thou hast already sent back into bondage two men, who were legally entitled to freedom by staying in Philadelphia during the term prescribed by law. If thou hadst a proper sense of justice, thou wouldst bring those men back, and let them take the liberty that rightfully belongs to them." "If you were in a different walk of life, I would treat your insult as it deserves," replied the haughty Southerner. "What dost thou mean by that? asked Isaac. Wouldst thou shoot me, as Burr did Hamilton? I assure thee I should consider it no honor to be killed by a member of Congress; and surely there would be neither honor nor comfort in killing thee; for in thy present state of mind thou art not fit to die." Mr. Butler told the judge he believed that man was either deaf or crazy when he served the writ of habeas corpus; for he did not take the slightest notice of anything that was said to him. Judge Inskeep smiled as he answered, "You don't know Mr. Hopper as well as we do." A lawyer was procured for Ben; but Mr. Butler chose to manage his own cause. He maintained that he was only a sojourner in Pennsylvania; that Ben had never resided six months at any one time in that State, except while he was a member of Congress; and in that case, the law allowed him to keep his slave in Pennsylvania as long as he pleased. The case was deemed an important one, and was twice adjourned for further investigation. In the course of the argument, Mr. Butler admitted that he returned from Congress to Philadelphia, with Ben, on the second of January, 1804, and had remained there with him until the writ of habeas corpus was served, on the third of August, the same year. The lawyers gave it as their opinion that Ben's legal right to freedom was too plain to admit of any doubt. They said the law to which Mr. Butler had alluded was made for the convenience of Southern gentlemen, who might need the attendance of their personal slaves, when Congress met in Philadelphia; but since the seat of government was removed, it by no means authorized members to come into Pennsylvania with their slaves, and keep them there as long as they chose. After much debate, the judge gave an order discharging Ben from all restraint, and he walked off rejoicing. His master was very indignant at the decision, and complained loudly that a Pennsylvania court should presume to discharge a Carolinian slave. When Ben was set at liberty, he let himself to Isaac W. Morris, then living at his country seat called Cedar Grove, three miles from Philadelphia. Being sent to the city soon after, on some business for his employer, he was attached by the marshall of the United States, on a writ De homine replegiando, at the suit of Mr. Butler, and two thousand dollars were demanded for bail. The idea was probably entertained that so large an amount could not be procured, and thus Ben would again come into his master's possession. But Isaac T. Hopper and Thomas Harrison signed the bail-bond, and Ben was again set at liberty, to await his trial before the Circuit Court of the United States. Bushrod Washington, himself a slaveholder, presided in that court, and Mr. Butler was sanguine that he should succeed in having Judge Inskeep's decision reversed. The case was brought in October, 1806, before Judges Bushrod Washington and Richard Peters. It was ably argued by counsel on both sides. The court discharged Ben, and he enjoyed his liberty thenceforth without interruption. For further information about African Americans in Pierce Butler's records and those of his extended family contact Brian Sheffey on Twitter twitter.com/genealogadvent See also Bell, Malcolm, Major Butler’s Legacy: Five Generations of a Slaveholding Family (University of Georgia Press) 1987. Bailey, Anne, The Weeping Time: Memory and the largest slave auction in American history (Cambridge University Press) 2017. Kemble, Fanny, Journal of a residence on a Georgian plantation 1838-39 (www.gutenberg.org/ebooks/12422) free download. |
AuthorsMartine Brennan (Curator) ![]() Enslavement to citizenship: African Americans in Irish Slaveholder records by Martine Brennan is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License. Archives
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