Benjamin O. Shekels was then offered as a witness by the prisoner. Benjamin is a large, coarse-featured man, and the reader may perhaps get a somewhat correct conception of him by reading the exact language he used in answer to the first question of defendant’s lawyer. He was asked the place of his nativity, and his reply, uttered in a sort of rowdyish way, was in these very words—
“I was born in Ontario county, New-York, and weighed fourteen pounds!”
Benjamin was a prodigious baby! He further testified that he kept the Steamboat Hotel in Washington in 1841, and saw me there in the spring of that year. He was proceeding to state what he had heard two men say, when Senator Chase raised a legal objection, to wit, that the sayings of third persons, being hearsay, was improper evidence. The objection was overruled by the Justice, and Shekels continued, stating that two men came to his hotel and represented they had a colored man for sale; that they had an interview with Burch; that they stated they came from Georgia, but he did not remember the county; that they gave a full history of the boy, saying he was a bricklayer, and played on the violin; that Burch remarked he would purchase if they could agree; that they went out and brought the boy in, and that I was the same person. He further testified, with as much unconcern as if it was the truth, that I represented I was born and bred in Georgia; that one of the young men with me was my master; that I exhibited a great deal of regret at parting with him, and he believed “got into tears!”—nevertheless, that I insisted my master had a right to sell me; that he ought to sell me; and the remarkable reason I gave was, according to Shekels, because he, my master, “had been gambling and on a spree!”
He continued, in these words, copied from the minutes taken on the examination: “Burch interrogated the boy in the usual manner, told him if he purchased him he should send him south. The boy said he had no objection, that in fact he would like to go south. Burch paid $650 for him, to my knowledge. I don’t know what name was given him, but think it was not Solomon. Did not know the name of either of the two men. They were in my tavern two or three hours, during which time the boy played on the violin. The bill of sale was signed in my bar-room. It was a printed blank, filled up by Burch. Before 1838 Burch was my partner. Our business was buying and selling slaves. After that time he was a partner of Theophilus Freeman, of New-Orleans. Burch bought here—Freeman sold there!”
Shekels, before testifying, had heard my relation of the circumstances connected with the visit to Washington with Brown and Hamilton, and therefore, it was, undoubtedly, he spoke of “two men,” and of my playing on the violin. Such was his fabrication, utterly untrue, and yet there was found in Washington a man who endeavored to corroborate him.
Benjamin A. Thorn testified he was at Shekels’ in 1841, and saw a colored boy playing on a fiddle. “Shekels said he was for sale. Heard his master tell him he should sell him. The boy acknowledged to me he was a slave. I was not present when the money was paid. Will not swear positively this is the boy. The master came near shedding tears: I think the boy did! I have been engaged in the business of taking slaves south, off and on, for twenty years. When I can’t do that I do something else.”
I was then offered as a witness, but, objection being made, the court decided my evidence inadmissible. It was rejected solely on the ground that I was a colored man—the fact of my being a free citizen of New-York not being disputed.
Shekels having testified there was a bill of sale executed, Burch was called upon by the prosecution to produce it, inasmuch as such a paper would corroborate the testimony of Thorn and Shekels. The prisoner’s counsel saw the necessity of exhibiting it, or giving some reasonable explanation for its non-production. To effect the latter, Burch himself was offered as a witness in his own behalf. It was contended by counsel for the people, that such testimony should not be allowed—that it was in contravention of every rule of evidence, and if permitted would defeat the ends of justice. His testimony, however, was received by the court! He made oath that such a bill of sale had been drawn up and signed, but he had lost it, and did not know what had become of it! Thereupon the magistrate was requested to dispatch a police officer to Burch’s residence, with directions to bring his books, containing his bills of sales for the year 1841. The request was granted, and before any measure could be taken to prevent it, the officer had obtained possession of the books, and brought them into court. The sales for the year 1841 were found, and carefully examined, but no sale of myself, by any name, was discovered!
Upon this testimony the court held the fact to be established, that Burch came innocently and honestly by me, and accordingly he was discharged.
An attempt was then made by Burch and his satellites, to fasten upon me the charge that I had conspired with the two white men to defraud him—with what success, appears in an extract taken from an article in the New-York Times, published a day or two subsequent to the trial: “The counsel for the defendant had drawn up, before the defendant was discharged, an affidavit, signed by Burch, and had a warrant out against the colored man for a conspiracy with the two white men before referred to, to defraud Burch out of six hundred and twenty-five dollars. The warrant was served, and the colored man arrested and brought before officer Goddard. Burch and his witnesses appeared in court, and H. B. Northup appeared as counsel for the colored man, stating he was ready to proceed as counsel on the part of the defendant, and asking no delay whatever. Burch, after consulting privately a short time with Shekels, stated to the magistrate that he wished him to dismiss the complaint, as he would not proceed farther with it. Defendant’s counsel stated to the magistrate that if the complaint was withdrawn, it must be without the request or consent of the defendant. Burch then asked the magistrate to let him have the complaint and the warrant, and he took them. The counsel for the defendant objected to his receiving them, and insisted they should remain as part of the records of the court, and that the court should endorse the proceedings which had been had under the process. Burch delivered them up, and the court rendered a judgment of discontinuance by the request of the prosecutor, and filed it in his office.”
There may be those who will affect to believe the statement of the slave-trader—those, in whose minds his allegations will weigh heavier than mine. I am a poor colored man—one of a down-trodden and degraded race, whose humble voice may not be heeded by the oppressor—but knowing the truth, and with a full sense of my accountability, I do solemnly declare before men, and before God, that any charge or assertion, that I conspired directly or indirectly with any person or persons to sell myself; that any other account of my visit to Washington, my capture and imprisonment in Williams’ slave pen, than is contained in these pages, is utterly and absolutely false. I never played on the violin in Washington. I never was in the Steamboat Hotel, and never saw Thorn or Shekels, to my knowledge, in my life, until last January. The story of the trio of slave-traders is a fabrication as absurd as it is base and unfounded. Were it true, I should not have turned aside on my way back to liberty for the purpose of prosecuting Burch. I should have avoided rather than sought him. I should have known that such a step would have resulted in rendering me infamous. Under the circumstances—longing as I did to behold my family, and elated with the prospect of returning home—it is an outrage upon probability to suppose I would have run the hazard, not only of exposure, but of a criminal prosecution and conviction, by voluntarily placing myself in the position I did, if the statements of Burch and his confederates contain a particle of truth. I took pains to seek him out, to confront him in a court of law, charging him with the crime of kidnapping; and the only motive that impelled me to this step, was a burning sense of the wrong he had inflicted upon me, and a desire to bring him to justice. He was acquitted, in the manner, and by such means as have been described. A human tribunal has permitted him to escape; but there is another and a higher tribunal, where false testimony will not prevail, and where I am willing, so far at least as these statements are concerned, to be judged at last.
&n
bsp; We left Washington on the 20th of January, and proceeding by the way of Philadelphia, New-York, and Albany, reached Sandy Hill in the night of the 21st. My heart overflowed with happiness as I looked around upon old familiar scenes, and found myself in the midst of friends of other days. The following morning I started, in company with several acquaintances, for Glens Falls, the residence of Anne and our children.
As I entered their comfortable cottage, Margaret was the first that met me. She did not recognize me. When I left her, she was but seven years old, a little prattling girl, playing with her toys. Now she was grown to womanhood—was married, with a bright-eyed boy standing by her side. Not forgetful of his enslaved, unfortunate grand-father, she had named the child Solomon Northup Staunton. When told who I was, she was overcome with emotion, and unable to speak. Presently Elizabeth entered the room, and Anne came running from the hotel, having been informed of my arrival. They embraced me, and with tears flowing down their cheeks, hung upon my neck. But I draw a veil over a scene which can better be imagined than described.
When the violence of our emotions had subsided to a sacred joy—when the household gathered round the fire, that sent out its warm and crackling comfort through the room, we conversed of the thousand events that had occurred—the hopes and fears, the joys and sorrows, the trials and troubles we had each experienced during the long separation. Alonzo was absent in the western part of the State. The boy had written to his mother a short time previous, of the prospect of his obtaining sufficient money to purchase my freedom. From his earliest years, that had been the chief object of his thoughts and his ambition. They knew I was in bondage. The letter written on board the brig, and Clem Ray himself, had given them that information. But where I was, until the arrival of Bass’ letter, was a matter of conjecture. Elizabeth and Margaret once returned from school—so Anne informed me—weeping bitterly. On inquiring the cause of the children’s sorrow, it was found that, while studying geography, their attention had been attracted to the picture of slaves working in the cotton field, and an overseer following them with his whip. It reminded them of the sufferings their father might be, and, as it happened, actually was, enduring in the South. Numerous incidents, such as these, were related—incidents showing they still held me in constant remembrance, but not, perhaps, of sufficient interest to the reader, to be recounted.
My narrative is at an end. I have no comments to make upon the subject of Slavery. Those who read this book may form their own opinions of the “peculiar institution.” What it may be in other States, I do not profess to know; what it is in the region of Red River, is truly and faithfully delineated in these pages. This is no fiction, no exaggeration. If I have failed in anything, it has been in presenting to the reader too prominently the bright side of the picture. I doubt not hundreds have been as unfortunate as myself; that hundreds of free citizens have been kidnapped and sold into slavery, and are at this moment wearing out their lives on plantations in Texas and Louisiana. But I forbear. Chastened and subdued in spirit by the sufferings I have borne, and thankful to that good Being through whose mercy I have been restored to happiness and liberty, I hope henceforward to lead an upright though lowly life, and rest at last in the church yard where my father sleeps.
ROARING RIVER.
A REFRAIN OF THE RED RIVER PLANTATION.
“Harper’s creek and roarin’ ribber,
Thar, my dear, we’ll live forebber;
Den we’ll go to de Ingin nation,
All I want in dis creation,
Is pretty little wife and big plantation.
CHORUS.
Up dat oak and down dat ribber,
Two overseers and one little nigger.”
APPENDIX
A.
CHAP. 375.
An act more effectually to protect the free citizens of this State from being kidnapped, or reduced to Slavery.
[Passed May 14, 1840.]
The People of the State of New-York, represented in Senate and Assembly, do enact as follows:
§ 1. Whenever the Governor of this State shall receive information satisfactory to him that any free citizen or any inhabitant of this State has been kidnapped or transported away out of this State, into any other State or Territory of the United States, for the purpose of being there held in slavery; or that such free citizen or inhabitant is wrongfully seized, imprisoned or held in slavery in any of the States or Territories of the United States, on the allegation or pretence that such a person is a slave, or by color of any usage or rule of law prevailing in such State or Territory, is deemed or taken to be a slave, or not entitled of right to the personal liberty belonging to a citizen; it shall be the duty of the said Governor to take such measures as he shall deem necessary to procure such person to be restored to his liberty and returned to this State. The Governor is hereby authorized to appoint and employ such agent or agents as he shall deem necessary to effect the restoration and return of such person; and shall furnish the said agent with such credentials and instructions as will be likely to accomplish the object of his appointment. The Governor may determine the compensation to be allowed to such agent for his services besides his necessary expenses.
§ 2. Such agent shall proceed to collect the proper proof to establish the right of such person to his freedom, and shall perform such journeys, take such measures, institute and procure to be prosecuted such legal proceedings, under the direction of the Governor, as shall be necessary to procure such person to be restored to his liberty and returned to this State.
§ 3. The accounts for all services and expenses incurred in carrying this act into effect shall be audited by the Comptroller, and paid by the Treasurer on his warrant, out of any moneys in the treasury of this State not otherwise appropriated. The Treasurer may advance, on the warrant of the Comptroller, to such agent, such sum or sums as the Governor shall certify to be reasonable advances to enable him to accomplish the purposes of his appointment, for which advance such agent shall account, on the final audit of his warrant.
§ 4. This act shall take effect immediately.
B.
MEMORIAL OF ANNE.
To His Excellency, the Governor of the State of New-York:
The memorial of Anne Northup, of the village of Glens Falls, in the county of Warren, State aforesaid, respectfully sets forth—
That your memorialist, whose maiden name was Anne Hampton, was forty-four years old on the 14th day of March last, and was married to Solomon Northup, then of Fort Edward, in the county of Washington and State aforesaid, on the 25th day of December, A. D. 1828, by Timothy Eddy, then a Justice of the Peace. That the said Solomon, after such marriage, lived and kept house with your memorialist in said town until 1830, when he removed with his said family to the town of Kingsbury in said county, and remained there about three years, and then removed to Saratoga Springs in the State aforesaid, and continued to reside in said Saratoga Springs and the adjoining town until about the year 1841, as near as the time can be recollected, when the said Solomon started to go to the city of Washington, in the District of Columbia, since which time your memorialist has never seen her said husband.
and your memorialist further states, that in the year 1841 she received information by a letter directed to Henry B. Northup, Esq., of Sandy Hill, Washington county, New-York, and post-marked at New-Orleans, that said Solomon had been kidnapped in Washington, put on board of a vessel, and was then in such vessel in New-Orleans, but could not tell how he came in that situation, nor what his destination was.
That your memorialist ever since the last mentioned period has been wholly unable to obtain any information of where the said Solomon was, until the month of September last, when another letter was received from the said Solomon, post-marked at Marksville, in the parish of Avoyelles, in the State of Louisiana, stating that he was held there as a slave, which statement your memorialist believes to be true.
That the said Solomon is about forty-five years of age, and never resided out of the State
of New-York, in which State he was born, until the time he went to Washington city, as before stated. That the said Solomon Northup is a free citizen of the State of New-York, and is now wrongfully held in slavery, in or near Marksville, in the parish of Avoyelles, in the State of Louisiana, one of the United States of America, on the allegation or pretence that the said Solomon is a slave.
and your memorialist further states that Mintus Northup was the reputed father of said Solomon, and was a negro, and died at Fort Edward, on the 22d day of November, 1829; that the mother of said Solomon was a mulatto, or three quarters white, and died in the county of Oswego, New-York, some five or six years ago, as your memorialist was informed and believes, and never was a slave.
That your memorialist and her family are poor and wholly unable to pay or sustain any portion of the expenses of restoring the said Solomon to his freedom.
Your excellency is entreated to employ such agent or agents as shall be deemed necessary to effect the restoration and return of said Solomon Northup, in pursuance of an act of the Legislature of the State of New-York, passed May 14th, 1840, entitled “An act more effectually to protect the free citizens of this State from being kidnappd or reduced to slavery.” and your memorialist will ever pray.
(Signed,) ANNE NORTHUP.
Dated November 19, 1852.
STATE OF NEW-YORK:
Washington county, ss.
Anne Northup, of the village of Glens Falls, in the county of Warren, in said State, being duly sworn, doth depose and say that she signed the above memorial, and that the statements therein contained are true.
(Signed,) ANNE NORTHUP.
Subscribed and sworn before me this
19th November, 1852.
CHARLES HUGHES, Justice Peace.
Twelve Years a Slave (AmazonClassics Edition) Page 23
