Gibson/Papenfuse
Race and the Law in Maryland

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Gibson/Papenfuse
Race and the Law in Maryland

Image No: 297   Enlarge and print image (57K)            << PREVIOUS   NEXT >>

52 SLAVERY & ABOLITION of his youth. Not only did he denounce the 'prevailing spirit' of democracy, but he resolutely declared, 'everything which will operate against those prin- ciples of anarchy and insurrection which desolate so great a portion of Europe deserves support and encouragement'." At the very moment that Carroll was attempting to establish strict discipline and ecclesiastical stability within the US Catholic community, John Ashton emerged as the literal embodiment of the 'dreadful perversions of order' which threatened to topple the social order. By all accounts Ashton was an impetuous, foul-mouthed drunkard.80 More importantly, his relations with many of the church's slaves raised important ethical and economic questions which Carroll could not avoid.81 Ever since the American Revolution slaves had accused Ashton of ignor- ing their legal right to freedom. One woman complained to the Governor of Maryland in 1776 that Ashton had enslaved her children even though they were lawfully free and had 'entered into the Service of their Country'. In the years following the War for Independence, these complaints became more fre- quent. Like Mahoney, Edward Queen sued for his freedom in 1791. In 1796 the General Court ruled in his favor, and at least nine members of his family were emancipated.82 Although the ruling in Queen v. Ashton represented a significant financial loss for the Catholic church, the court's verdict was never seriously contested. One reason seems to be that at the time Ashton was liv- ing with a member of the Queen family. He may even have been the father of Charles and Elizabeth Queen. When he died in 1815, Ashton left them a portion of his land 'in Charles County where on they now live, with all the stock of horses, Hogs, Cattle, and utensils of every kind found thereon...together with the Tobacco grown and property of every descrip- tion'.83 An indentured servant named Edward Kelly first brought Ashton's illicit dealings with his slaves to public attention in 1787. Convinced that these charges were motivated by 'Protestant prejudices', Carroll sternly rebuked one of his priests for spreading Kelly's story. At the time Carroll still believed that Ashton was the best manager of the church's temporal affairs even if he was not 'suaviter in modo' .M The rumours surrounding the his conduct would not disappear, however. In 1796 Denis Cahill demanded $300 from Carroll in order to prevent him from exposing Ashton's 'tasty arrangement with his doll Sukey'. The Bishop once again exonerated his Procurator General, but it soon became clear that something had to be done.85 Mahoney's victory in 1799 may have been the last straw. Quite simply, Ashton seemed to be losing control of the church's slaves. To have pursued the Queens would have raised the spectre of scandal, but finding a means of returning the Mahoneys to slavery would not. Assuming the burden of the legal expenses for Mahoney v. Ashton, Carroll removed Ashton of his facul- ties and dismissed him from his post at White Marsh. 'Sentence has been pro-