Gibson/Papenfuse Race and the Law in Maryland Image No: 45 Enlarge and print image (78K) << PREVIOUS NEXT >> |
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Gibson/Papenfuse Race and the Law in Maryland Image No: 45 Enlarge and print image (78K) << PREVIOUS NEXT >> |
cases in which petitioners had been freed on the basis of hearsay evidence. Luther Martin (formerly counsel for Maryland Abolition Society and the delegate who proposed a ban on the importation of slaves at the Constitutional Convention in 1787) now appeared for the defendant master. He admitted "Our courts have determined that general reputation, that such persons are descended from white persons, or that they have exercised the right of freedom, is evidence to the jury." Martin, however, now sought to change the law. "It is giving the power to ignorant persons to judge of rights.... [HJundreds of negroes have been let loose upon the community by the hearsay testimony of an obscure illiterate individual." The Court of Appeals rejected this portion of Martin's plea, agreeing with the court below that hearsay testimony is admissible in such cases. It held, however, that the testimony in the case was based on an ancestor's visit to England. When that ancestor returned to Maryland with her master, the laws of Maryland applied and thus she was not free.42 The legislature in 1791 had become upset with the activities of the Maryland Abolition Society in pressing the claims for freedom of two indian slaves, Simon and Fortune.43 It responded by a law which stated that in all cases of petitions for freedom where judgment was against the petitioner, the petitioner's attorney shall pay all legal costs arising therefrom unless the court determines that there was probable ground to suppose petitioners had a right to freedom. Further, no petitions for freedom between the same parties could be tried a second time unless the costs of the first suit and all reasonable damages had been paid.44 Nevertheless the Abolition Society continued in its efforts. In 1797, the Baltimore branch reported "a variety of suits were instituted against the unlawful holders of slaves last year, and in consequence many have been liberated ~ there are several suits now pending in law, which are expected to have like favorable issue.45 The Choptank branch reported that it had been "the instrument of liberation of more than sixty individuals, and has failed in but a single application to a court of justice in their behalf.46 Recorded manumissions continued at a steady rate from 1780 through 1830. Over 4000 slaves were freed in the three eastern shore counties of Caroline, Dorchester and Talbot alone.47 Even larger numbers were freed in northern and western counties. D. Free Blacks in the New State In 1797 the African Academy was completed under the sponsorship of the Maryland Society for Promoting the Abolition of Slavery and the Relief of Poor Negroes unlawfully held in Bondage.48 The Academy was a significant event in providing for the education of free blacks,but some blacks were able to obtain an education before the establishment of the African Academy. Benjamin Banneker received some education from his grandmother and spent a few years in a local school run by Quakers. He was able to demonstrate his mathematical abilities in publishing an almanac and in assisting in surveying the land for the new national capital.49 Joshua Jonnston displayed his abilities as a portrait painter, securing a high reputation locally for his work.50 The heady air of discussion of the rights of man encouraged Thomas Brown, a black man who had fought in the Revolution, to run for a seat from Baltimore in the House of 43 |