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Chapter 7

                                                                                                                          THE NEGRO REPLY, I: REVOLT
​We have already seen that on several occasions in colonial times the Negroes in bondage made a bid for freedom, many men risking their all and losing their lives in consequence. In general these early attempts failed completely to realize their aim, organization being feeble and the leadership untrained and exerting only an emotional hold over adherents. In Charleston, S.C., in 1822, however, there was planned an insurrection about whose scope there could be no question. The leader, Denmark Vesey, is interesting as an intellectual insurrectionist just as the more famous Nat Turner is typical of the more fervent sort. It is the purpose of the present chapter to study the attempts for freedom made by these two men, and also those of two daring groups of captives who revolted at sea.
  • ​Denmark Vesey's Insurrection
  • DVI 2
  • ​Nat Turner's Insurrection
  • NTI 2
  • ​The "Amistad" and "Creole" Cases
  • ACC 2
  • Footnotes
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​Denmark Vesey is first seen as one of the three hundred and ninety slaves on the ship of Captain Vesey, who commanded a vessel trading between St. Thomas and Cape François (Santo Domingo), and who was engaged in supplying the French of the latter place with slaves. At the time, the boy was fourteen years old, and of unusual personal beauty, alertness, and magnetism. He was shown considerable favoritism, and was called Télémaque (afterwards corrupted to Telmak, and then to Denmark). On his arrival at Cape François, Denmark was sold with others of the slaves to a planter who owned a considerable estate. On his next trip, however, Captain Vesey learned that the boy was to be returned to him as unsound and subject to epileptic fits. The laws of the place permitted the return of a slave in such a case, and while it has been thought that Denmark's fits may have been feigned in order that he might have some change of estate, there was quite enough proof in the matter to impress the king's physician. Captain Vesey never had reason to regret having to take the boy back. They made several voyages together, and Denmark served until 1800 as his faithful personal attendant. In this year the young man, now thirty-three years of age and living in Charleston, won $1,500 in an East Bay Street lottery, $600 of which he devoted immediately to the purchase of his freedom. The sum was much less than he was really worth, but Captain Vesey liked him and had no reason to drive a hard bargain with him.

In the early years of his full manhood accordingly Denmark Vesey found himself a free man in his own right and possessed of the means for a little real start in life. He improved his time and proceeded to win greater standing and recognition by regular and industrious work at his trade, that of a carpenter. Over the slaves he came to have unbounded influence. Among them, in accordance with the standards of the day, he had several wives and children (none of whom could he call his own), and he understood perfectly the fervor and faith and superstition of the Negroes with whom he had to deal. To his remarkable personal magnetism moreover he added just the strong passion and the domineering temper that were needed to make his conquest complete.

Thus for twenty years he worked on. He already knew French as well as English, but he now studied and reflected upon as wide a range of subjects as possible. It was not expected at the time that there would be religious classes or congregations of Negroes apart from the white people; but the law was not strictly observed, and for a number of years a Negro congregation had a church in Hampstead in the suburbs of Charleston. At the meetings here and elsewhere Vesey found his opportunity, and he drew interesting parallels between the experiences of the Jews and the Negroes. He would rebuke a companion on the street for bowing to a white person; and if such a man replied, "We are slaves," he would say, "You deserve to be." If the man then asked what he could do to better his condition, he would say, "Go and buy a spelling-book and read the fable of Hercules and the wagoner."105 At the same time if he happened to engage in conversation with white people in the presence of Negroes, he would often take occasion to introduce some striking remark on slavery. He regularly held up to emulation the work of the Negroes of Santo Domingo; and either he or one of his chief lieutenants clandestinely sent a letter to the President of Santo Domingo to ask if the people there would help the Negroes of Charleston if the latter made an effort to free themselves.106 About 1820 moreover, when he heard of the African Colonization scheme and the opportunity came to him to go, he put this by, waiting for something better. This was the period of the Missouri Compromise. Reports of the agitation and of the debates in Congress were eagerly scanned by those Negroes in Charleston who could read; rumor exaggerated them; and some of the more credulous of the slaves came to believe that the efforts of Northern friends had actually emancipated them and that they were being illegally held in bondage. Nor was the situation improved when the city marshal, John J. Lafar, on January 15, 1821, reminded those ministers or other persons who kept night and Sunday schools for Negroes that the law forbade the education of such persons and would have to be enforced. Meanwhile Vesey was very patient. After a few months, however, he ceased to work at his trade in order that all the more he might devote himself to the mission of his life. This was, as he conceived it, an insurrection that would do nothing less than totally annihilate the white population of Charleston.

In the prosecution of such a plan the greatest secrecy and faithfulness were of course necessary, and Vesey waited until about Christmas, 1821, to begin active recruiting. He first sounded Ned and Rolla Bennett, slaves of Governor Thomas Bennett, and then Peter Poyas and Jack Purcell. After Christmas he spoke to Gullah Jack and Monday Gell; and Lot Forrester and Frank Ferguson became his chief agents for the plantations outside of Charleston.107 In the whole matter of the choice of his chief assistants he showed remarkable judgment of character. His penetration was almost uncanny. "Rolla was plausible, and possessed uncommon self-possession; bold and ardent, he was not to be deterred from his purpose by danger. Ned's appearance indicated that he was a man of firm nerves and desperate courage. Peter was intrepid and resolute, true to his engagements, and cautious in observing secrecy when it was necessary; he was not to be daunted or impeded by difficulties, and though confident of success, was careful in providing against any obstacles or casualties which might arise, and intent upon discovering every means which might be in their power if thought of beforehand. Gullah Jack was regarded as a sorcerer, and as such feared by the natives of Africa, who believe in witchcraft. He was not only considered invulnerable, but that he could make others so by his charms; and that he could and certainly would provide all his followers with arms.... His influence amongst the Africans was inconceivable. Monday was firm, resolute, discreet, and intelligent."108 He was also daring and active, a harness-maker in the prime of life, and he could read and write with facility; but he was also the only man of prominence in the conspiracy whose courage failed him in court and who turned traitor. To these names must be added that of Batteau Bennett, who was only eighteen years old and who brought to the plan all the ardor and devotion of youth. In general Vesey sought to bring into the plan those Negroes, such as stevedores and mechanics, who worked away from home and who had some free time. He would not use men who were known to become intoxicated, and one talkative man named George he excluded from his meetings. Nor did he use women, not because he did not trust them, but because in case of mishap he wanted the children to be properly cared for. "Take care," said Peter Poyas, in speaking about the plan to one of the recruits, "and don't mention it to those waiting men who receive presents of old coats, etc., from their masters, or they'll betray us; I will speak to them."
​With his lieutenants Vesey finally brought into the plan the Negroes for seventy or eighty miles around Charleston. The second Monday in July, 1822, or Sunday, July 14, was the time originally set for the attack. July was chosen because in midsummer many of the white people were away at different resorts; and Sunday received favorable consideration because on that day the slaves from the outlying plantations were frequently permitted to come to the city. Lists of the recruits were kept. Peter Poyas is said to have gathered as many as six hundred names, chiefly from that part of Charleston known as South Bay in which he lived; and it is a mark of his care and discretion that of all of those afterwards arrested and tried, not one belonged to his company. Monday Gell, who joined late and was very prudent, had forty-two names. All such lists, however, were in course of time destroyed. "During the period that these enlistments were carrying on, Vesey held frequent meetings of the conspirators at his house; and as arms were necessary to their success, each night a hat was handed round, and collections made, for the purpose of purchasing them, and also to defray other necessary expenses. A Negro who was a blacksmith and had been accustomed to make edged tools, was employed to make pike-heads and bayonets with sockets, to be fixed at the ends of long poles and used as pikes. Of these pike-heads and bayonets, one hundred were said to have been made at an early day, and by the 16th June as many as two or three hundred, and between three and four hundred daggers."109 A bundle containing some of the poles, neatly trimmed and smoothed off, and nine or ten feet long, was afterwards found concealed on a farm on Charleston Neck, where several of the meetings were held, having been carried there to have the pike-heads and bayonets fixed in place. Governor Bennett stated that the number of poles thus found was thirteen, but so wary were the Negroes that he and other prominent men underestimated the means of attack. It was thought that the Negroes in Charleston might use their masters' arms, while those from the country were to bring hoes, hatchets, and axes. For their main supply of arms, however, Vesey and Peter Poyas depended upon the magazines and storehouses in the city. They planned to seize the Arsenal in Meeting Street opposite St. Michael's Church; it was the key to the city, held the arms of the state, and had for some time been neglected. Poyas at a given signal at midnight was to move upon this point, killing the sentinel. Two large gun and powder stores were by arrangement to be at the disposal of the insurrectionists; and other leaders, coming from six different directions, were to seize strategic points and thus aid the central work of Poyas. Meanwhile a body of horse was to keep the streets clear. "Eat only dry food," said Gullah Jack as the day approached, "parched corn and ground nuts, and when you join us as we pass put this crab claw in your mouth and you can't be wounded."

On May 25110 a slave of Colonel Prioleau, while on an errand at the wharf, was accosted by another slave, William Paul, who remarked: "I have often seen a flag with the number 76, but never one with the number 96 upon it before." As this man showed no knowledge of what was going on, Paul spoke to him further and quite frankly about the plot. The slave afterwards spoke to a free man about what he had heard; this man advised him to tell his master about it; and so he did on Prioleau's return on May 30. Prioleau immediately informed the Intendant, or Mayor, and by five o'clock in the afternoon both the slave and Paul were being examined. Paul was placed in confinement, but not before his testimony had implicated Peter Poyas and Mingo Harth, a man who had been appointed to lead one of the companies of horse. Harth and Poyas were cool and collected, however, they ridiculed the whole idea, and the wardens, completely deceived, discharged them. In general at this time the authorities were careful and endeavored not to act hastily. About June 8, however, Paul, greatly excited and fearing execution, confessed that the plan was very extensive and said that it was led by an individual who bore a charmed life. Ned Bennett, hearing that his name had been mentioned, voluntarily went before the Intendant and asked to be examined, thus again completely baffling the officials. All the while, in the face of the greatest danger, Vesey continued to hold his meetings. By Friday, June 14, however, another informant had spoken to his master, and all too fully were Peter Poyas's fears about "waiting-men" justified. This man said that the original plan had been changed, for the night of Sunday, June 16, was now the time set for the insurrection, and otherwise he was able to give all essential information.111 On Saturday night, June 15, Jesse Blackwood, an aid sent into the country to prepare the slaves to enter the following day, while he penetrated two lines of guards, was at the third line halted and sent back into the city. Vesey now realized in a moment that all his plans were disclosed, and immediately he destroyed any papers that might prove to be incriminating. "On Sunday, June 16, at ten o'clock at night, Captain Cattle's Corps of Hussars, Captain Miller's Light Infantry, Captain Martindale's Neck Rangers, the Charleston Riflemen and the City Guard were ordered to rendezvous for guard, the whole organized as a detachment under command of Colonel R.Y. Hayne."112 It was his work on this occasion that gave Hayne that appeal to the public which was later to help him to pass on to the governorship and then to the United States Senate. On the fateful night twenty or thirty men from the outlying districts who had not been able to get word of the progress of events, came to the city in a small boat, but Vesey sent word to them to go back as quickly as possible.

Two courts were formed for the trial of the conspirators. The first, after a long session of five weeks, was dissolved July 20; a second was convened, but after three days closed its investigation and adjourned August 8.113 All the while the public mind was greatly excited. The first court, which speedily condemned thirty-four men to death, was severely criticized. The New York Daily Advertiser termed the execution "a bloody sacrifice"; but Charleston replied with the reminder of the Negroes who had been burned in New York in 1741.114 Some of the Negroes blamed the leaders for the trouble into which they had been brought, but Vesey himself made no confession. He was by no means alone. "Do not open your lips," said Poyas; "die silent as you shall see me do." Something of the solicitude of owners for their slaves may be seen from the request of Governor Bennett himself in behalf of Batteau Bennett. He asked for a special review of the case of this young man, who was among those condemned to death, "with a view to the mitigation of his punishment." The court did review the case, but it did not change its sentence. Throughout the proceedings the white people of Charleston were impressed by the character of those who had taken part in the insurrection; "many of them possessed the highest confidence of their owners, and not one was of bad character."115

As a result of this effort for freedom one hundred and thirty-one Negroes were arrested; thirty-five were executed and forty-three banished.116 Of those executed, Denmark Vesey, Peter Poyas, Ned Bennett, Rolla Bennett, Batteau Bennett, and Jesse Blackwood were hanged July 2; Gullah Jack and one more on July 12; twenty-two were hanged on a huge gallows Friday, July 26; four more were hanged July 30, and one on August 9. Of those banished, twelve had been sentenced for execution, but were afterwards given banishment instead; twenty-one were to be transported by their masters beyond the limits of the United States; one, a free man, required to leave the state, satisfied the court by offering to leave the United States, while nine others who were not definitely sentenced were strongly recommended to their owners for banishment. The others of the one hundred and thirty-one were acquitted. The authorities at length felt that they had executed enough to teach the Negroes a lesson, and the hanging ceased; but within the next year or two Governor Bennett and others gave to the world most gloomy reflections upon the whole proceeding and upon the grave problem at their door. Thus closed the insurrection that for the ambitiousness of its plan, the care with which it was matured, and the faithfulness of the leaders to one another, was never equalled by a similar attempt for freedom in the United States.
​About noon on Sunday, August 21, 1831, on the plantation of Joseph Travis at Cross Keys, in Southampton County, in Southeastern Virginia, were gathered four Negroes, Henry Porter, Hark Travis, Nelson Williams, and Sam Francis, evidently preparing for a barbecue. They were soon joined by a gigantic and athletic Negro named Will Francis, and by another named Jack Reese. Two hours later came a short, strong-looking man who had a face of great resolution and at whom one would not have needed to glance a second time to know that he was to be the master-spirit of the company. Seeing Will and his companion he raised a question as to their being present, to which Will replied that life was worth no more to him than the others and that liberty was as dear to him. This answer satisfied the latest comer, and Nat Turner now went into conference with his most trusted friends. One can only imagine the purpose, the eagerness, and the firmness on those dark faces throughout that long summer afternoon and evening. When at last in the night the low whispering ceased, the doom of nearly three-score white persons—and it might be added, of twice as many Negroes—was sealed.

Cross Keys was seventy miles from Norfolk, just about as far from Richmond, twenty-five miles from the Dismal Swamp, fifteen miles from Murfreesboro in North Carolina, and also fifteen miles from Jerusalem, the county seat of Southampton County. The community was settled primarily by white people of modest means. Joseph Travis, the owner of Nat Turner, had recently married the widow of one Putnam Moore.

Nat Turner, who originally belonged to one Benjamin Turner, was born October 2, 1800. He was mentally precocious and had marks on his head and breast which were interpreted by the Negroes who knew him as marking him for some high calling. In his mature years he also had on his right arm a knot which was the result of a blow which he had received. He experimented in paper, gunpowder, and pottery, and it is recorded of him that he was never known to swear an oath, to drink a drop of spirits, or to commit a theft. Instead he cultivated fasting and prayer and the reading of the Bible.

More and more Nat gave himself up to a life of the spirit and to communion with the voices that he said he heard. He once ran away for a month, but felt commanded by the spirit to return. About 1825 a consciousness of his great mission came to him, and daily he labored to make himself more worthy. As he worked in the field he saw drops of blood on the corn, and he also saw white spirits and black spirits contending in the skies. While he thus so largely lived in a religious or mystical world and was immersed, he was not a professional Baptist preacher. On May 12, 1828, he was left no longer in doubt. A great voice said unto him that the Serpent was loosed, that Christ had laid down the yoke, that he, Nat, was to take it up again, and that the time was fast approaching when the first should be last and the last should be first. An eclipse of the sun in February, 1831, was interpreted as the sign for him to go forward. Yet he waited a little longer, until he had made sure of his most important associates. It is worthy of note that when he began his work, while he wanted the killing to be as effective and widespread as possible, he commanded that no outrage be committed, and he was obeyed.

When on the Sunday in August Nat and his companions finished their conference, they went to find Austin, a brother-spirit; and then all went to the cider-press and drank except Nat. It was understood that he as the leader was to spill the first blood, and that he was to begin with his own master, Joseph Travis. Going to the house, Hark placed a ladder against the chimney. On this Nat ascended; then he went downstairs, unbarred the doors, and removed the guns from their places. He and Will together entered Travis's chamber, and the first blow was given to the master of the house. The hatchet glanced off and Travis called to his wife; but this was with his last breath, for Will at once despatched him with his ax. The wife and the three children of the house were also killed immediately. Then followed a drill of the company, after which all went to the home of Salathiel Francis six hundred yards away. Sam and Will knocked, and Francis asked who was there. Sam replied that he had a letter, for him. The man came to the door, where he was seized and killed by repeated blows over the head. He was the only white person in the house. In silence all passed on to the home of Mrs. Reese, who was killed while asleep in bed. Her son awoke, but was also immediately killed. A mile away the insurrectionists came to the home of Mrs. Turner, which they reached about sunrise on Monday morning. Henry, Austin, and Sam went to the still, where they found and killed the overseer, Peebles, Austin shooting him. Then all went to the house. The family saw them coming and shut the door—to no avail, however, as Will with one stroke of his ax opened it and entered to find Mrs. Turner and Mrs. Newsome in the middle of the room almost frightened to death. Will killed Mrs. Turner with one blow of his ax, and after Nat had struck Mrs. Newsome over the head with his sword, Will turned and killed her also. By this time the company amounted to fifteen. Nine went mounted to the home of Mrs. Whitehead and six others went along a byway to the home of Henry Bryant. As they neared the first house Richard Whitehead, the son of the family, was standing in the cotton-patch near the fence. Will killed him with his ax immediately. In the house he killed Mrs. Whitehead, almost severing her head from her body with one blow. Margaret, a daughter, tried to conceal herself and ran, but was killed by Turner with a fence-rail. The men in this first company were now joined by those in the second, the six who had gone to the Bryant home, who informed them that they had done the work assigned, which was to kill Henry Bryant himself, his wife and child, and his wife's mother. By this time the killing had become fast and furious. The company divided again; some would go ahead, and Nat would come up to find work already accomplished. Generally fifteen or twenty of the best mounted were put in front to strike terror and prevent escape, and Nat himself frequently did not get to the houses where killing was done. More and more the Negroes, now about forty in number, were getting drunken and noisy. The alarm was given, and by nine or ten o'clock on Monday morning one Captain Harris and his family had escaped. Prominent among the events of the morning, however, was the killing at the home of Mrs. Waller of ten children who were gathering for school.117

As the men neared the home of James Parker, it was suggested that they call there; but Turner objected, as this man had already gone to Jerusalem and he himself wished to reach the county seat as soon as possible. However, he and some of the men remained at the gate while others went to the house half a mile away. This exploit proved to be the turning-point of the events of the day. Uneasy at the delay of those who went to the house, Turner went thither also. On his return he was met by a company of white men who had fired on those Negroes left at the gate and dispersed them. On discovering these men, Turner ordered his own men to halt and form, as now they were beginning to be alarmed. The white men, eighteen in number, approached and fired, but were forced to retreat. Reënforcements for them from Jerusalem were already at hand, however, and now the great pursuit of the Negro insurrectionists began.

Hark's horse was shot under him and five or six of the men were wounded. Turner's force was largely dispersed, but on Monday night he stopped at the home of Major Ridley, and his company again increased to forty. He tried to sleep a little, but a sentinel gave the alarm; all were soon up and the number was again reduced to twenty. Final resistance was offered at the home of Dr. Blunt, but here still more of the men were put to flight and were never again seen by Turner.
​A little later, however, the leader found two of his men named Jacob and Nat. These he sent with word to Henry, Hark, Nelson, and Sam to meet him at the place where on Sunday they had taken dinner together. With what thoughts Nat Turner returned alone to this place on Tuesday evening can only be imagined. Throughout the night he remained, but no one joined him and he presumed that his followers had all either been taken or had deserted him. Nor did any one come on Wednesday, or on Thursday. On Thursday night, having supplied himself with provisions from the Travis home, he scratched a hole under a pile of fence-rails, and here he remained for six weeks, leaving only at night to get water. All the while of course he had no means of learning of the fate of his companions or of anything else. Meanwhile not only the vicinity but the whole South was being wrought up to an hysterical state of mind. A reward of $500 for the capture of the man was offered by the Governor, and other rewards were also offered. On September 30 a false account of his capture appeared in the newspapers; on October 7 another; on October 8 still another. By this time Turner had begun to move about a little at night, not speaking to any human being and returning always to his hole before daybreak. Early on October 15 a dog smelt his provisions and led thither two Negroes. Nat appealed to these men for protection, but they at once began to run and excitedly spread the news. Turner fled in another direction and for ten days more hid among the wheat-stacks on the Francis plantation. All the while not less than five hundred men were on the watch for him, and they found the stick that he had notched from day to day. Once he thought of surrendering, and walked within two miles of Jerusalem. Three times he tried to get away, and failed. On October 25 he was discovered by Francis, who discharged at him a load of buckshot, twelve of which passed through his hat, and he was at large for five days more. On October 30 Benjamin Phipps, a member of the patrol, passing a clearing in the woods noticed a motion among the boughs. He paused, and gradually he saw Nat's head emerging from a hole beneath. The fugitive now gave up as he knew that the woods were full of men. He was taken to the nearest house, and the crowd was so great and the excitement so intense that it was with difficulty that he was taken to Jerusalem. For more than two months, from August 25 to October 30, he had eluded his pursuers, remaining all the while in the vicinity of his insurrection.

While Nat Turner was in prison, Thomas C. Gray, his counsel, received from him what are known as his "Confessions." This pamphlet is now almost inaccessible,118 but it was in great demand at the time it was printed and it is now the chief source for information about the progress of the insurrection. Turner was tried November 5 and sentenced to be hanged six days later. Asked in court by Gray if he still believed in the providential nature of his mission, he asked, "Was not Christ crucified?" Of his execution itself we read: "Nat Turner was executed according to sentence, on Friday, the 11th of November, 1831, at Jerusalem, between the hours of 10 A.M. and 2 P.M. He exhibited the utmost composure throughout the whole ceremony; and, although assured that he might, if he thought proper, address the immense crowd assembled on the occasion, declined availing himself of the privilege; and, being asked if he had any further confessions to make, replied that he had nothing more than he had communicated; and told the sheriff in a firm voice that he was ready. Not a limb or muscle was observed to move. His body, after death, was given over to the surgeons for dissection."

Of fifty-three Negroes arraigned in connection with the insurrection "seventeen were executed and twelve transported. The rest were discharged, except ... four free Negroes sent on to the Superior Court. Three of the four were executed." 119 Such figures as these, however, give no conception of the number of those who lost their lives in connection with the insurrection. In general, if slaves were convicted by legal process and executed or transported, or if they escaped before trial, they were paid for by the commonwealth; if killed, they were not paid for, and a man like Phipps might naturally desire to protect his prisoner in order to get his reward. In spite of this, the Negroes were slaughtered without trial and sometimes under circumstances of the greatest barbarity. One man proudly boasted that he had killed between ten and fifteen. A party went from Richmond with the intention of killing every Negro in Southampton County. Approaching the cabin of a free Negro they asked, "Is this Southampton County?" "Yes, sir," came the reply, "you have just crossed the line by yonder tree." They shot him dead and rode on. In general the period was one of terror, with voluntary patrols, frequently drunk, going in all directions. These men tortured, burned, or maimed the Negroes practically at will. Said one old woman 120 of them: "The patrols were low drunken whites, and in Nat's time, if they heard any of the colored folks prayin' or singin' a hymn, they would fall upon 'em and abuse 'em, and sometimes kill 'em.... The brightest and best was killed in Nat's time. The whites always suspect such ones. They killed a great many at a place called Duplon. They killed Antonio, a slave of Mr. J. Stanley, whom they shot; then they pointed their guns at him and told him to confess about the insurrection. He told 'em he didn't know anything about any insurrection. They shot several balls through him, quartered him, and put his head on a pole at the fork of the road leading to the court.... It was there but a short time. He had no trial. They never do. In Nat's time, the patrols would tie up the free colored people, flog 'em, and try to make 'em lie against one another, and often killed them before anybody could interfere. Mr. James Cole, High Sheriff, said if any of the patrols came on his plantation, he would lose his life in defense of his people. One day he heard a patroller boasting how many Negroes he had killed. Mr. Cole said, 'If you don't pack up, as quick as God Almighty will let you, and get out of this town, and never be seen in it again, I'll put you where dogs won't bark at you.' He went off, and wasn't seen in them parts again."

The immediate panic created by the Nat Turner insurrection in Virginia and the other states of the South it would be impossible to exaggerate. When the news of what was happening at Cross Keys spread, two companies, on horse and foot, came from Murfreesboro as quickly as possible. On the Wednesday after the memorable Sunday night there came from Fortress Monroe three companies and a piece of artillery. These commands were reënforced from various sources until not less than eight hundred men were in arms. Many of the Negroes fled to the Dismal Swamp, and the wildest rumors were afloat. One was that Wilmington had been burned, and in Raleigh and Fayetteville the wildest excitement prevailed. In the latter place scores of white women and children fled to the swamps, coming out two days afterwards muddy, chilled, and half-starved. Slaves were imprisoned wholesale. In Wilmington four men were shot without trial and their heads placed on poles at the four corners of the town. In Macon, Ga., a report was circulated that an armed band of Negroes was only five miles away, and within an hour the women and children were assembled in the largest building in the town, with a military force in front for protection.

The effects on legislation were immediate. Throughout the South the slave codes became more harsh; and while it was clear that the uprising had been one of slaves rather than of free Negroes, as usual special disabilities fell upon the free people of color. Delaware, that only recently had limited the franchise to white men, now forbade the use of firearms by free Negroes and would not suffer any more to come within the state. Tennessee also forbade such immigration, while Maryland passed a law to the effect that all free Negroes must leave the state and be colonized in Africa—a monstrous piece of legislation that it was impossible to put into effect and that showed once for all the futility of attempts at forcible emigration as a solution of the problem. In general, however, the insurrection assisted the colonization scheme and also made more certain the carrying out of the policy of the Jackson administration to remove the Indians of the South to the West. It also focussed the attention of the nation upon the status of the Negro, crystallized opinion in the North, and thus helped with the formation of anti-slavery organizations. By it for the time being the Negro lost; in the long run he gained.
​On June 28, 1839, a schooner, the Amistad, sailed from Havana bound for Guanaja in the vicinity of Puerto Principe. She was under the command of her owner, Don Ramon Ferrer, was laden with merchandise, and had on board fifty-three Negroes, forty-nine of whom supposedly belonged to a Spaniard, Don Jose Ruiz, the other four belonging to Don Pedro Montes. During the night of June 30 the slaves, under the lead of one of their number named Cinque, rose upon the crew, killed the captain, a slave of his, and two sailors, and while they permitted most of the crew to escape, they took into close custody the two owners, Ruiz and Montes. Montes, who had some knowledge of nautical affairs, was ordered to steer the vessel back to Africa. So he did by day, when the Negroes would watch him, but at night he tried to make his way to some land nearer at hand. Other vessels passed from time to time, and from these the Negroes bought provisions, but Montes and Ruiz were so closely watched that they could not make known their plight. At length, on August 26, the schooner reached Long Island Sound, where it was detained by the American brig-of-war Washington, in command of Captain Gedney, who secured the Negroes and took them to New London, Conn. It took a year and a half to dispose of the issue thus raised. The case attracted the greatest amount of attention, led to international complications, and was not really disposed of until a former President had exhaustively argued the case for the Negroes before the Supreme Court of the United States.

In a letter of September 6, 1839, to John Forsyth, the American Secretary of State, Calderon, the Spanish minister, formally made four demands: 1. That the Amistad be immediately delivered up to her owner, together with every article on board at the time of her capture; 2. That it be declared that no tribunal in the United States had the right to institute proceedings against, or to impose penalties upon, the subjects of Spain, for crimes committed on board a Spanish vessel, and in the waters of Spanish territory; 3. That the Negroes be conveyed to Havana or otherwise placed at the disposal of the representatives of Spain; and 4. That if, in consequence of the intervention of the authorities in Connecticut, there should be any delay in the desired delivery of the vessel and the slaves, the owners both of the latter and of the former be indemnified for the injury that might accrue to them. In support of his demands Calderon invoked "the law of nations, the stipulations of existing treaties, and those good feelings so necessary in the maintenance of the friendly relations that subsist between the two countries, and are so interesting to both." Forsyth asked for any papers bearing on the question, and Calderon replied that he had none except "the declaration on oath of Montes and Ruiz."

Meanwhile the abolitionists were insisting that protection had not been afforded the African strangers cast on American soil and that in no case did the executive arm of the Government have any authority to interfere with the regular administration of justice. "These Africans," it was said, "are detained in jail, under process of the United States courts, in a free state, after it has been decided by the District Judge, on sufficient proof, that they are recently from Africa, were never the lawful slaves of Ruiz and Montes," and "when it is clear as noonday that there is no law or treaty stipulation that requires the further detention of these Africans or their delivery to Spain or its subjects."

Writing on October 24 to the Spanish representative with reference to the arrest of Ruiz and Montes, Forsyth informed him that the two Spanish subjects had been arrested on process issuing from the superior court of the city of New York upon affidavits of certain men, natives of Africa, "for the purpose of securing their appearance before the proper tribunal, to answer for wrongs alleged to have been inflicted by them upon the persons of said Africans," that, consequently, the occurrence constituted simply a "case of resort by individuals against others to the judicial courts of the country, which are equally open to all without distinction," and that the agency of the Government to obtain the release of Messrs. Ruiz and Montes could not be afforded in the manner requested. Further pressure was brought to bear by the Spanish representative, however, and there was cited the case of Abraham Wendell, captain of the brig Franklin, who was prosecuted at first by Spanish officials for maltreatment of his mate, but with reference to whom documents were afterwards sent from Havana to America. Much more correspondence followed, and Felix Grundy, of Tennessee, Attorney General of the United States, at length muddled everything by the following opinion: "These Negroes deny that they are slaves; if they should be delivered to the claimants, no opportunity may be afforded for the assertion of their right to freedom. For these reasons, it seems to me that a delivery to the Spanish minister is the only safe course for this Government to pursue." The fallacy of all this was shown in a letter dated November 18, 1839, from B.F. Butler, United States District Attorney in New York, to Aaron Vail, acting Secretary of State. Said Butler: "It does not appear to me that any question has yet arisen under the treaty with Spain; because, although it is an admitted principle, that neither the courts of this state, nor those of the United States, can take jurisdiction of criminal offenses committed by foreigners within the territory of a foreign state, yet it is equally settled in this country, that our courts will take cognizance of civil actions between foreigners transiently within our jurisdiction, founded upon contracts or other transactions made or had in a foreign state." Southern influence was strong, however, and a few weeks afterwards an order was given from the Department of State to have a vessel anchor off New Haven, Conn., January 10, 1840, to receive the Negroes from the United States marshal and take them to Cuba; and on January 7 the President, Van Buren, issued the necessary warrant.
​The rights of humanity, however, were not to be handled in this summary fashion. The executive order was stayed, and the case went further on its progress to the highest tribunal in the land. Meanwhile the anti-slavery people were teaching the Africans the rudiments of English in order that they might be better able to tell their own story. From the first a committee had been appointed to look out for their interests and while they were awaiting the final decision in their case they cultivated a garden of fifteen acres.

The appearance of John Quincy Adams in behalf of these Negroes before the Supreme Court of the United States February 24 and March 1, 1841, is in every way one of the most beautiful acts in American history. In the fullness of years, with his own administration as President twelve years behind him, the "Old Man Eloquent" came once more to the tribunal that he knew so well to make a last plea for the needy and oppressed. To the task he brought all his talents—his profound knowledge of law, his unrivaled experience, and his impressive personality; and his argument covers 135 octavo pages. He gave an extended analysis of the demand of the Spanish minister, who asked the President to do what he simply had no constitutional right to do. "The President," said Adams, "has no power to arrest either citizens or foreigners. But even that power is almost insignificant compared with that of sending men beyond seas to deliver them up to a foreign government." The Secretary of State had "degraded the country, in the face of the whole civilized world, not only by allowing these demands to remain unanswered, but by proceeding, throughout the whole transaction, as if the Executive were earnestly desirous to comply with every one of the demands." The Spanish minister had naturally insisted in his demands because he had not been properly met at first. The slave-trade was illegal by international agreement, and the only thing to do under the circumstances was to release the Negroes. Adams closed his plea with a magnificent review of his career and of the labors of the distinguished jurists he had known in the court for nearly forty years, and be it recorded wherever the name of Justice is spoken, he won his case.

Lewis Tappan now accompanied the Africans on a tour through the states to raise money for their passage home. The first meeting was in Boston. Several members of the company interested the audience by their readings from the New Testament or by their descriptions of their own country and of the horrors of the voyage. Cinque gave the impression of great dignity and of extraordinary ability; and Kali, a boy only eleven years of age, also attracted unusual attention. Near the close of 1841, accompanied by five missionaries and teachers, the Africans set sail from New York, to make their way first to Sierra Leone and then to their own homes as well as they could.

While this whole incident of the Amistad was still engaging the interest of the public, there occurred another that also occasioned international friction and even more prolonged debate between the slavery and anti-slavery forces. On October 25, 1841, the brig Creole, Captain Ensor, of Richmond, Va., sailed from Richmond and on October 27 from Hampton Roads, with a cargo of tobacco and one hundred and thirty slaves bound for New Orleans. On the vessel also, aside from the crew, were the captain's wife and child, and three or four passengers, who were chiefly in charge of the slaves, one man, John R. Hewell, being directly in charge of those belonging to an owner named McCargo. About 9.30 on the night of Sunday, November 7, while out at sea, nineteen of the slaves rose, cowed the others, wounded the captain, and generally took command of the vessel. Madison Washington began the uprising by an attack on Gifford, the first mate, and Ben Blacksmith, one of the most aggressive of his assistants, killed Hewell. The insurgents seized the arms of the vessel, permitted no conversation between members of the crew except in their hearing, demanded and obtained the manifests of slaves, and threatened that if they were not taken to Abaco or some other British port they would throw the officers and crew overboard. The Creole reached Nassau, New Providence, on Tuesday, November 9, and the arrival of the vessel at once occasioned intense excitement. Gifford went ashore and reported the matter, and the American consul, John F. Bacon, contended to the English authorities that the slaves on board the brig were as much a part of the cargo as the tobacco and entitled to the same protection from loss to the owners. The governor, Sir Francis Cockburn, however, was uncertain whether to interfere in the business at all. He liberated those slaves who were not concerned in the uprising, spoke of all of the slaves as "passengers," and guaranteed to the nineteen who were shown by an investigation to have been connected with the uprising all the rights of prisoners called before an English court. He told them further that the British Government would be communicated with before their case was finally passed upon, that if they wished copies of the informations these would be furnished them, and that they were privileged to have witnesses examined in refutation of the charges against them. From time to time Negroes who were natives of the island crowded about the brig in small boats and intimidated the American crew, but when on the morning of November 12 the Attorney General questioned them as to their intentions they replied with transparent good humor that they intended no violence and had assembled only for the purpose of conveying to shore such of the persons on the Creole as might be permitted to leave and might need their assistance. The Attorney General required, however, that they throw overboard a dozen stout cudgels that they had. Here the whole case really rested. Daniel Webster as Secretary of State aroused the anti-slavery element by making a strong demand for the return of the slaves, basing his argument on the sacredness of vessels flying the American flag; but the English authorities at Nassau never returned any of them. On March 21, 1842, Joshua R. Giddings, untiring defender of the rights of the Negro, offered in the House of Representatives resolutions to the effect that slavery could exist only by positive law of the different states; that the states had delegated no control over slavery to the Federal Government, which alone had jurisdiction on the high seas, and that, therefore, slaves on the high seas became free and the coastwise trade was unconstitutional. The House, strongly pro-Southern, replied with a vote of censure and Giddings resigned, but he was immediately reëlected by his Ohio constituency.
Footnote 105: (return)
Official Report, 19.

Footnote 106: (return)
Official Report, 96-97, and Higginson, 232-3.

Footnote 107: (return)
Official Report, 20. Note that Higginson, who was so untiring in his research, strangely confuses Jack Purcell and Gullah Jack (p. 230). The men were quite distinct, as appears throughout the report and from the list of those executed. The name of Gullah Jack's owner was Pritchard.

Footnote 108: (return)
Official Report, 24. Note that this remarkable characterization was given by the judges, Kennedy and Parker, who afterwards condemned the men to death.

Footnote 109: (return)
Official Report, 31-32.

Footnote 110: (return)
Higginson, 215.

Footnote 111: (return)
For reasons of policy the names of these informers were withheld from publication, but they were well known, of course, to the Negroes of Charleston. The published documents said of the chief informer, "It would be a libel on the liberality and gratitude of this community to suppose that this man can be overlooked among those who are to be rewarded for their fidelity and principle." The author has been informed that his reward for betraying his people was to be officially and legally declared "a white man."

Footnote 112: (return)
Jervey: Robert Y. Hayne and His Times, 131-2.

Footnote 113: (return)
Bennett letter.

Footnote 114: (return)
See City Gazette, August 14, 1822, cited by Jervey.

Footnote 115: (return)
Official Report, 44.

Footnote 116: (return)
The figure is sometimes given as 37, but the lists total 43.

Footnote 117: (return)
In "Horrid Massacre," or, to use the more formal title, "Authentic and Impartial Narrative of the Tragical Scene which was Witnessed in Southampton County (Virginia) on Monday the 22d of August Last," the list below of the victims of Nat Turner's insurrection is given. It must be said about this work, however, that it is not altogether impeccable; it seems to have been prepared very hastily after the event, its spelling of names is often arbitrary, and instead of the fifty-five victims noted it appears that at least fifty-seven white persons were killed:

Joseph Travis, wife and three children    5
Mrs. Elizabeth Turner, Hartwell Peebles, and Sarah Newsum    3
Mrs. Piety Reese and son, William    2
Trajan Doyal    1
Henry Briant, wife and child, and wife's mother    4
Mrs. Catherine Whitehead, her son Richard, four daughters and a grandchild    7
Salathael Francis    1
Nathaniel Francis's overseer and two children    3
John T. Barrow and George Vaughan    2
Mrs. Levi Waller and ten children    11
Mr. William Williams, wife and two boys    4
Mrs. Caswell Worrell and child    2
Mrs. Rebacca Vaughan, Ann Eliza Vaughan, and son Arthur    3
Mrs. Jacob Williams and three children and Edwin Drewry    5
--
55
Footnote 118: (return)
The only copy that the author has seen is that in the library of Harvard University.

Footnote 119: (return)
Drewry, 101.

Footnote 120: (return)
Charity Bowery, who gave testimony to L.M. Child, quoted by Higginson.
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