Mark, with what shameless hardihood this JNO. SIMPSON, tells the
public that _he knew_ Isaac Wright was a free man! 'HE WAS ORIGINALLY
FROM NEW YORK,' he tells us. And yet he adds with brazen effrontery,
'_he will attempt to pass himself as free._' This Isaac Wright, was
shipped by a man named Lewis, of New Bedford, Massachusetts, and sold
as a slave in New Orleans. After passing through several hands, and
being flogged nearly to death, he made his escape, and five days ago,
(March 5,) returned to his friends in Philadelphia.
From the "Baltimore Sun," Dec. 23, 1838.
"FREE NEGROES--Merry Ewall, a FREE NEGRO, from Virginia, was committed
to jail, at Snow Hill, Md. last week, for remaining in the State
longer than is allowed by the law of 1831. The fine in his case
amounts to $225. Capril Purnell, a negro from Delaware, is now in jail
in the same place, for a violation of the same act. His fine amounts
to FOUR THOUSAND DOLLARS, and he WILL BE SOLD IN A SHORT TIME."
The following is the decision of the Supreme Court, of Louisiana, in
the case of Gomez _vs_. Bonneval, Martin's La. Reports, 656, and
Wheeler's "Law of Slavery," p. 380-1.
_Marginal remark of the Compiler.--"A slave does not become free on
his being illegally imported into the state."_
"_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."