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Kidnapped into Slavery: Northern States’ Rights, Part 1

Thursday, December 19th, 2013

by Ron Gorman, Oberlin Heritage Center volunteer docent

The movie 12 Years a Slave, now showing in northeast Ohio, graphically depicts several deplorable aspects of American slavery, including the fact that freeborn African Americans could be kidnapped and carried into a life of bondage.  The true-life story of Solomon Northup, portrayed in the movie, was the result of an illegal kidnapping in Washington, D.C.  But to make the story even sadder, in 1850, just nine years after Northup’s illegal abduction, the laws of the United States were modified, not to make it harder for such atrocities to occur, but in such a way as to make it easier – to in fact make such abductions possible with the full sanction of U.S. law and with the support of federal law officers and American citizens deputized to assist them, whether willingly or not.  This blog will discuss how such a law could come to be, and how some northern legislators, like Oberlin’s James Monroe, eventually fought back, to defend the rights of their states to protect their citizens from the tragic fate of Solomon Northup.

James Monroe

James Monroe (courtesy Oberlin College Archives)

The law I’m alluding to is the infamous Fugitive Slave Law of 1850, passed at a time when this country was on the verge of splintering in two and disintegrating into civil war.   The northern states (north of the Mason-Dixon line/Ohio River) had for the most part abolished slavery by then, to the point that only about 1% of their black population remained enslaved (in Delaware and New Jersey).  In the southern states, however, slavery was flourishing, so that more than 93% of their black population was enslaved.[1]  This led to tremendous tensions between the sections, as described by South Carolina’s “states’ rights” Senator, John C. Calhoun, in his last speech to Congress in early 1850:

There is a question of vital importance to the Southern section, in reference to which the views and feelings of the two sections are as opposite and hostile as they can possibly be. I refer to the relation between the two races in the Southern section, which constitutes a vital portion of her social organization. Every portion of the North entertains views and feelings more or less hostile to it… On the contrary, the Southern section regards the relation as one which can not be destroyed without subjecting the two races to the greatest calamity, and the section to poverty, desolation, and wretchedness; and accordingly they feel bound by every consideration of interest and safety to defend it.
 
Unless something decisive is done, I again ask, What is to stop this agitation before the great and final object at which it aims–the abolition of slavery in the States–is consummated? Is it, then, not certain that if something is not done to arrest it, the South will be forced to choose between abolition and secession? [2]

The “agitation” to which he refers includes several anti-slavery policies and practices of the northern states and their citizens, but one of the most irritating to southern slaveholders was what Calhoun called the failure of the North “to do her duty by causing the stipulations relative to fugitive slaves to be faithfully fulfilled.”  In other words, the North was not cooperating, and even downright obstructing, the return of enslaved persons who had escaped from their owners in the South to seek freedom in the North.  This, the slaveholders felt, was in violation of the fugitive slave clause of the U.S. Constitution:

No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due. – Article IV, Section 2, Clause 3

Many Northerners felt differently, however – that the vagueness of this clause left them latitude to insure, at the minimum, that freeborn Americans like Solomon Northup would not be carried off into slavery.  Without going into the long, complicated series of litigation and legislation that this clause precipitated in the decades prior to 1850, I’ll just suffice it to say that by 1850 the situation was as confused and turbulent as ever.

And so it was that a group of U.S. Congressmen crafted the “Compromise of 1850”, the latest in a long series of compromises designed to attempt to preserve a democratic Union by supporting and maintaining institutionalized slavery.  One of the key pieces of this compromise was a new fugitive slave law, to enforce the fugitive slave clause of the Constitution.   But this law was so tilted in favor of the slaveholders that the New York Evening Post called it “An Act for the Encouragement of Kidnapping.” [3]

The Fugitive Slave Law brought the Southern viewpoint, that a black person was assumed a slave until proven otherwise, into the northern states, where all people, white and black, were assumed free until proven otherwise.  It required neither the alleged fugitive slave nor the alleged slaveowner to appear in person to testify.  In fact, the alleged fugitive was prohibited from testifying in his/her defense altogether, while the alleged slaveowner need only file an affidavit claiming ownership and providing a physical description of the alleged fugitive.  It established a set of federal Commissioners to “exercise and discharge” the provisions of the act.  It also charged United States Marshals and Deputies with enforcement of the act.  Where the Marshals had insufficient numbers to perform their duties, they were authorized to “summon and call to their aid the bystanders, or posse comitatus  of the proper county.”  And if any of the Marshals, Deputies, or bystanders refused or failed in their duties, they were subject to stiff penalties themselves, as anyone assisting an alleged fugitive would be as well.  The act also provided for monetary remuneration of the Commissioners for each case they heard, to be doubled if they decided in favor of the alleged slaveowner.[4]

No wonder the Oberlin Evangelist lamented, “Everything is yielded to the slave power which can be asked…  O this horrible legislation for iniquity, and against freedom and righteousness!” And yet it passed both houses of the United States Congress, and was signed into law in September, 1850 by President Millard Fillmore.  It was overwhelmingly opposed in Ohio, where abolitionist Senator Salmon P. Chase voted against it (his colleague, Senator Ewing not voting), and 14 Representatives voted against it while only 3 voted in its favor. But it had virtually unanimous Southern support, and enough northern Congressmen either voted for it or abstained from voting altogether, to dress this “hideous deformity”, as Oberlin’s John Mercer Langston called it, “in the garb of law.”[5]

Even the Cleveland Plain Dealer, noted for its vehement anti-abolitionist opinions, complained that the law was not “confined to the slave States,” but was enforced “wholly in the free States… by free men.  The service it requires is not the kind we owe to either God, man, or the devil.” [6]  Lewis Tappan, the abolitionist New York merchant and key benefactor of Oberlin College, minced no words:

It constitutes at the North, in our neighborhoods, and by our firesides, the most anomalous, overshadowing, insulting, and despotic police that perverted mind can contrive, or guilty power sustain—a police which guilty power cannot sustain, until honor, and purity, and freedom have fled from among us, and we have consented to be the most drivelling, and base, and worthless slaves that ever crawled at the foot of tyranny. [7]

But it was now the law of the land and President Fillmore ominously pronounced the Compromise of 1850 a “final settlement.”  The nation now watched and waited to see if the “finality” would hold.  But as it turns out, it didn’t even take four months for a freeborn black man to be “returned” to slavery under this law.  On December 21, 1850, a United States Commissioner in Philadelphia ordered that Adam Gibson be sent to his alleged owner in Maryland, based on the testimony of a witness who was currently under indictment for kidnapping.  Fortunately for Gibson, his alleged owner was honest enough to admit the error and return him to Pennsylvania, otherwise Gibson would have suffered the same horrible fate as Solomon Northup.  One can only wonder how many Adam Gibsons weren’t so lucky. [8]

Over the next few years scores of blacks were arrested under this law, with the vast majority being remanded to slavery.  But other than a handful of rescues, Notherners were powerless to do anything about it.  In 1853, Solomon Northup was finally released from his 12 year ordeal and published his narrative, further dismaying the northern public.  Northern indignation grew with each rendition and reached a crescendo in 1854, when President Franklin Pierce sent hundreds of U.S. troops to Massachusetts to return Anthony Burns to slavery, marching him through the Boston streets as crowds watched helplessly and church bells tolled in lament. [9]

Still, only one northern state, Vermont, had been able to pass legislation to dilute the effects of the Fugitive Slave Law, but it was too far away from ‘ground zero’ to make an impact.  But another momentous event occurred at the same time as the Burns debacle that would change everything.  The United States Congress passed the Kansas-Nebraska Act, allowing slavery into Kansas and Nebraska, which at that time were United States territories.  Many Northerners felt this was a flagrant violation of the Missouri Compromise of 1820, which had prohibited slavery in the territories that far north.  Having simmered with indignation while they upheld the Compromise of 1850, Northerners now boiled over into action.  The anti-slavery Republican Party was formed, and state legislatures began to pass “personal liberty laws” to counteract the Fugitive Slave Law. [10]

Ohio had its first opportunity to test the waters of this new political climate in the election of 1855, and the result was a stunning victory for the infant Republican Party.  Republicans took control of both houses of the Ohio General Assembly, and Republican abolitionist Salmon P. Chase was elected Governor.  One of the new freshmen Republican members of the Ohio House of Representatives was another abolitionist, Oberlin College Professor James Monroe.

Salmon Chase

Salmon P. Chase

When the Republicans took office in January, 1856, Monroe, despite being a political rookie, immediately began feeling out his Republican colleagues on the idea of passing personal liberty laws in Ohio.   As he wrote in his personal notes, “If Ohio would be a free state with free citizens & maintain the great safeguards of liberty, she must make a stand.”  He quickly discerned, however, that “about one half of the Republicans were very conservative” and “had nothing that could be called anti-slavery principle as that term was understood in Oberlin.” [11]

Then another momentous event occurred, this time in southern Ohio, that changed everything once again.  Just three weeks after the Republicans took office, news broke of the tragic Margaret Garner affair (see my Lucy Stone and the Margaret Garner tragedy blog for details).  Ohioans were horrified at the story of the freedom seeker who had killed one of her children in Cincinnati rather than letting slavecatchers take her.  Years later, Rutherford B. Hayes, the 19th President, who had been an abolitionist lawyer in Cincinnati at the time, told Monroe of the reaction in Cincinnati:

[Hayes] lived in a street of Southern sympathizers; but, as he expressed it, the whole street was converted by the tragedy of Margaret Garner.  The next day after it occurred, a leader among his pro-slavery neighbors called at his house, and as he met Mr. Hayes, exclaimed with great fervor, “Mr. Hayes, hereafter I am with you.  From this time forward, I will not only be a Black Republican, but I will be a damned abolitionist.” [12]

Governor Chase and other state and local anti-slavery officials had tried every trick in the book to get Garner and the rest of her family out of federal custody, but they could not get past the Fugitive Slave Law, and the whole family was eventually returned to slavery.  The Governor was incensed at the impotence imposed upon him, and he vented his frustration to Monroe:

… there was a knock at my door, and Governor Chase entered.  He was laboring under great excitement of some kind, and appeared to be angry.  He broke out abruptly, “What are you Republicans doing in the House, and what are you doing, Monroe, when a mother who is a free woman is compelled to kill her children on the soil of Ohio to save them from slavery, and that because there is no efficient law for her protection?… You ought to introduce a bill into the House in the morning, have it carried through both Houses under a suspension of the rules, and have it become a law before you adjourn to-morrow.” [13]

Though it didn’t happen quite that fast, Monroe, with Chase’s support, in the wake of the outrage over the Garner case, wrote and passed a law that would arguably become one of the most radical personal liberty laws in the country.  The law went into effect on April 5, 1856.  It was a law that Monroe would say years later “had not much growl or bark in it, but it had plenty of teeth.”  Its critics would call it “insane and aggressive legislation” (and that’s when they were being nice.)  I’ll discuss this very intriguing law in detail in my next blog post. [14]

It would be a full year after passage of Monroe’s law before the Ohio legislature would pass any further personal liberty laws, and when they did they would be among the most conservative of such laws.  In the Spring of 1857, they  passed “An act to prohibit the confinement of fugitives from slavery in the jails of Ohio”, and “An act to prevent slaveholding and kidnapping in Ohio”, and “An act to prevent kidnapping”.  The latter law would turn out to be the most noteworthy of the three.  Here’s an excerpt:

… no person or persons shall kidnap or forcibly or fraudulently carry off or decoy out of this state any black or mulatto person or persons within this state, claimed as fugitives from service or labor, or shall attempt to [do so],  without first taking such black or mulatto person or persons before the court, judge or commissioner of the proper circuit, district or county…
 
… any person or persons offending against the provisions of this act shall be… confined in the penitentiary at hard labor for any space of time not less than three years nor more than eight years…
[15]

Three to eight years hard labor in the notorious Ohio State Penitentiary.  That sounds pretty severe in our day and age.  But it pales by comparison to Solomon Northup’s twelve years of brutality and “unrequited toil”, or the life sentences that hundreds of victims of the Fugitive Slave Law endured.  Nevertheless, the new laws made an impact, as we shall soon see.  Stay tuned.

 
SOURCES CONSULTED:

James Monroe, Oberlin Thursday lectures, addresses and essays

Thomas D. Morris, Free Men All: The Personal Liberty Laws of the North 1780-1861

William Cox Cochran, The Western Reserve and the Fugitive Slave Law

Lewis Tappan, The Fugitive Slave Bill: Its History and Unconstitutionality

John C. Calhoun, “The Clay Compromise Measures”, National Center for Public Policy Research

Samuel May, The Fugitive Slave Law and its Victims

“Doings of Congress”, Oberlin Evangelist, September 25, 1850

Carol Wilson, Freedom at Risk: The Kidnapping of Free Blacks in America, 1780-1865

David M. Potter, The Impending Crisis: 1848-1861

James M. McPherson, Battle Cry of Freedom

“Fugitive Slave Act, 1850”, National Center for Public Policy Research

Joseph Rockwell Swan,  The Revised Statutes of the State of Ohio, of a General Nature, in Force August 1, 1860

“Historical Census Browser, 1850”, University of Virgina Library

“Amendment of the Habeas Corpus Act”, Oberlin College Archives, RG30/22, “James Monroe”, Box 19

Clement L. Vallandigham, SPEECHES, ARGUMENTS, ADDRESSES, AND LETTERS OF CLEMENT L. VALLANDIGHAM

President Millard Fillmore, “First Annual Message, December 2, 1850”, The Miller Center

Philip S. Foner, “History of Black Americans From the Compromise of 1850 to the End of the Civil War”

Solomon Northup, Twelve Years a Slave

 
FOOTNOTES:

[1] “Historical Census Browser”
[2] Calhoun
[3] May, p. 3
[4] “Fugitive Slave Act”
[5]  “Doings of  Congress”, p. 6;  Tappan, pp. 12-16; Foner
[6] Cochran, pp. 103-104
[7] Tappan, p. 29
[8] Fillmore;  May, p. 12; Wilson, pp. 52-53
[9] Potter, p. 138;  McPherson, pp. 119-120
[10] Morris, pp. 159, 168
[11] “Amendment”, p.2; Monroe, p. 111
[12] Monroe, p. 116
[13] ibid., p. 117
[14] ibid., p. 120, Vallandigham, p. 154
[15] Swan, p. 418

The Secret Rooms of the Fitches

Sunday, October 20th, 2013

by Ron Gorman, Oberlin Heritage Center volunteer docent

One of the most romanticized aspects of the Underground Railroad is the secret rooms and tunnels that were used to hide enslaved people seeking their freedom.  And naturally it would be expected that a staunchly abolitionist town like Oberlin, a major hub on the Underground Railroad, would be teeming with secret rooms and tunnels, right?  Well, put it this way, Oberlin residents can take comfort in the knowledge that they’re in little danger of being swallowed up by sinkholes created by collapsing networks of subterranean tunnels.  Ironically, the very fact that Oberlin was such an abolitionist stronghold made secret rooms and tunnels largely (but not entirely) unnecessary.  With literally hundreds of anti-slavery households, the entire campus of an abolitionist college, and a sizable African American population for freedom seekers to “disappear” into, combined with a vigilant, savvy, abolitionist community, slavecatchers were already at a hopeless disadvantage in Oberlin.

That said, we do know that some secret rooms existed in and around Oberlin.  But we only have documented evidence of a few of Oberlin’s secret rooms actually being used to harbor freedom seekers.  Two of those rooms were in the home (no longer standing, unfortunately) of James and Jane Fitch, on South Professor Street.

James M. Fitch

 James M. Fitch (courtesy Oberlin College Archives)

The Fitches were both native upstate New Yorkers.  James was one of the early students of Oberlin College, attending in 1836 (the era of the Lane Rebels) and transferring to Oberlin College’s Sheffield branch in 1837.  (See my James Bradley – from hopeless bondage to Lane Rebel blog entry for background.)   But when the Sheffield institute closed after just one year, James did not return to Oberlin College.  Instead, sometime around 1838, he married Jane Bushnell.  Jane hailed from a staunchly abolitionist family.  Her uncles, Daniel and Horace, moved to Cincinnati where they would become conductors on the Underground Railroad.  Horace would become a prominent anti-slavery minister, and Daniel would move to Oberlin in 1856, become a justice of the peace, and finish his life here.  One of Jane’s older brothers, Albert, attended Oberlin College in 1838 and became a missionary to Africa.  One of her younger brothers, Simeon, attended Oberlin College in 1852.

During the time that James Fitch was attending Oberlin College, abolitionists were excited by the news that the British Empire was abolishing slavery in its domains, including the West Indies.  In 1837, some of Oberlin’s Lane Rebels established a mission in Jamaica to educate and Christianize the freed slaves and help them adjust to their new lives of freedom.  Both James and Jane went to Jamaica to help with the missionary work.  They returned to Oberlin around 1844, at which time James went into the printing business, printing the Oberlin Evangelist and numerous catalogs and volumes for Oberlin College.  He also opened a campus bookstore on College Street and became superintendent of Oberlin’s Sunday School.  Jane became one of its teachers.  Jane’s brother, Simeon, became a typesetter and a clerk in James’ bookstore.

The Fitches also became active Underground Railroad conductors in Oberlin, so active in fact that they decided to construct secret rooms in the house they built on South Professor Street (at the intersection of South Street, the site of the present Old Barrows building).  Jane described the rooms in a newspaper interview several decades later:

“My husband was a merchant in Oberlin and when he built the house we lived in during the days of the underground railway, he decided to have at least two rooms built in the house in which fugitive slaves could be concealed while they were being harbored there on their way to Elyria, where they were taken on board a vessel in the Black River, and thence carried to the end of their journey toward freedom in Canada.  One room was reached by a blind door cut through the back partition of a closet off a sleeping room.  From the sleeping room the closet seemed to extend to the end of the house, and really there was not much room behind it.  But there was space enough for a fugitive to remain comfortably while waiting for dark, perhaps, to continue his journey.  You know, under the operation of the Fugitive Slave Act our houses could be searched.  If any one opened the closet door he would only see some of the children’s dresses hung up against the wall.  If the searcher were more than usually inquisitive and took down the dresses there was no door visible.  Another room was in the attic.  The stairs leading to that attic room were so arranged that a searching party going up them would be at a great disadvantage if the fugitive would resist.

 
Of course when a slave was taken to the attic Mr. Fitch would tell him that if the searchers came he would be obliged to admit them to the house, but the slave would be provided with something to – well, he would have something that would make it possible for him to resist a number of people.”

Jane went on to describe how freedom seekers were frequently brought to their home “under a load of hay or in closed vehicles, disguised.”  The freedom seekers would be fed and housed while arrangements were made to transport them to Elyria.  But this wasn’t the extent of the Fitches’ Underground Railroad activities.  Records also show that they financed the boarding of freedom seekers in other parts of town.

The great irony about the Fitches’ secret rooms is that in the moment of Oberlin’s greatest need for a secure place to hide a freedom seeker, it was decided that he would be safer in one of the houses in Oberlin without a secret room.  This was in the infamous Oberlin-Wellington Rescue case, in which a crowd of Oberlinites and Wellingtonians rescued John Price, a fugitive slave, from the custody of law enforcement agents in Wellington.  Price, who had been abducted by the agents just outside of Oberlin, called for help from a passing carriage as he was being transported southwards by his abductors towards Wellington.  When the passengers in the passing carriage returned to Oberlin with the news, Jane’s brother, Simeon, was one of the first of hundreds of Oberlinites to head down there.  After the crowd in Wellington helped Price break free from his captors, it was Simeon who rushed him back to Oberlin in a buggy.  His natural inclination was to bring Price to his sister’s home and hide him in one of the secret rooms.  Jane Fitch tells the story:

“I, like all the other women of Oberlin, was excited and anxious for news.  So when my brother entered our house, as he did from the back way and shortly after dark, I demanded of him to tell me at once what had happened.  In response he gave me a look of caution, and that, in those days, was all that was required.  When I found that all was safe in the house my brother brought the slave in from the backyard and he was taken to one of the secret rooms.  That night John was passed on to Elyria, and the next day he was crossing Lake Erie on his way to Canada and freedom.”

Interestingly though, that last sentence is incorrect.  Although John Price was indeed escorted out of the Fitches’ home that night, he was not taken to Elyria.  Instead he was taken to the home of Oberlin College Professor (and future President) James Fairchild.  In a meeting between James Fitch, Professor Fairchild, and Oberlin College Professor James Monroe, it was decided that Fitch and Monroe were too well known as Underground Railroad conductors to safely harbor John Price, Fitch’s secret rooms notwithstanding.  So they brought Price to the Fairchild’s house instead, where he stayed for 3 days, even though they  had no secret rooms and had never harbored a freedom seeker before.  Perhaps in the great secrecy of the moment Jane Fitch didn’t realize that Price had been removed to the Fairchilds’ home, or perhaps at the time of the interview she was still protecting the Fairchilds’ secret and was unaware that James Fairchild himself had gone public with his story a few weeks earlier.

It turns out that it was all a moot point anyway, as the law enforcement agents never pursued to Oberlin (presumably they understood the futility of such an endeavor), and never learned that either the Fitches or the Fairchilds had sheltered John Price.  That didn’t stop the federal government from indicting and arresting James Fitch, however, along with Simeon Bushnell and three dozen other men, for violation of the Fugitive Slave Law.  (See  The Oberlin-Wellington Rescue 1858 for more information).

During the 3 months that her husband and brother were held in jail, Jane Fitch remained defiant, urging her husband to “flinch not an inch!”  James and Simeon remained defiant as well, and with the support of a sympathetic jailer and sheriff they even managed to set up a printing press and print 5,000 copies of their own abolitionist newspaper, which they called The Rescuer, during their incarceration.  (Complimentary reprints of this newspaper are available at the Oberlin Heritage Center.)  It was a very makeshift operation, using borrowed fonts and improvised tools.  Lacking even an italics font, they enjoined the reader to “supply the emphasis according to taste.”

Of all the interesting things that were printed in The Rescuer, one in particular stands out to me as a good note to close this blog with.  One day in jail with his fellow “political prisoners”, James Fitch received 60 letters from the children in his Sunday School.  Excerpts from some of those letters were printed in The Rescuer.  One of those letters came from an African American girl named Mary, from South Carolina.  It appears that Mary might have been a fugitive from slavery, for the rescuers defied the federal government to “catch her if you can.”  But if Mary was a fugitive, she was apparently living a relatively normal life out in the open, as did many of Oberlin’s fugitives, rather than hiding in secret rooms or tunnels.  Here’s what Mary wrote:

“I never knew what freedom was till I came here.  I was not allowed to go to school nor Sabbath School.  They made us say some questions after them, such as “Servants be obedient to your masters,” and the like.  I never in all my past life have had so much enjoyment as since I came here.  I feel very sorry to have you shut up in jail.  If I could do anything to make you happy I would gladly do it.”

James Fitch replied simply, “Thank you.  You have made me happy.”  [Emphasis supplied according to taste]

 

James and Jane Fitch and Simeon Bushnell and their families are buried side-by-side at Oberlin’s Westwood Cemetery (Section R; GPS coordinates N41° 17.039′  W82° 13.990′).  Their graves are among those visited in the Oberlin Heritage Center’s “Radicals and Reformers” walking tour of Westwood Cemetery.

Sources consulted:

“Rescue of a Slave”, The Sun (New York, NY) April 7, 1895

Bushnell Genealogy, “The Bushnell Book”, Parts A and B

James Harris Fairchild, The Underground Railroad

James Harris Fairchild, Oberlin: the colony and the college, 1833-1883

Gale L. Kenny, Contentious Liberties: American Abolitionists in Post-emancipation Jamaica, 1834-1866

“General catalogue of Oberlin college, 1833 [-] 1908″, Oberlin College Archives

Oberlin Heritage Center, “Radicals and Reformers” history walk

Nat Brandt, The Town that Started the Civil War

Jacob R. Shipherd, History of the Oberlin-Wellington Rescue

Robert Samuel Fletcher, A history of Oberlin College: from its foundation through the Civil War, Volume 1

Wilbur Henry Siebert, The Underground Railroad from Slavery to Freedom

“Sheffield Manual Labor Institute”, The Village Pioneer, March, 2008

Thornton Bigelow Penfield, Sarah Ingraham Penfield, Letters from Jamaica 1858-1866

Oberlin Heritage Center Resource Center

The Society, 1901, Ohio History, Volume 13

The Oberlin News, February 10, 1899