Archives of Maryland
(Biographical Series)

Ben (b. ? - d. ?)
MSA SC 5496-51599
Slave Pardoned for Crime in Talbot County, Maryland

Biography:

    Negro Ben was born a slave in St. Michael's Parish, Talbot County, Maryland. 1  As a slave, he was owned by Elizabeth Oldham. 2  It appears that Negro Ben was a young boy as he is referred to as a "Negro Lad" in the August 20, 1761 issue of the Maryland Gazette. 3  The crime that Ben allegedly committed occurred on July 10, 1760. 4  He was allegedly accused of breaking and entering the "Store House of a certain Edward Lloyd and Henry Holliday." 5  There were several items stolen including, "one Silver Stock Buckle of the value of twenty shillings current money and one neck stock made of Cambrick of the Value of ten shillings like money." 6  

    Ben was brought before the justices and jurors of the County Court and was under the custody of James Lloyd Chamberlaine "Gent: Sheriff of the County." 7  Ben was being charged with "Felony and Burglary," even though he proclaimed his innocence. 8  Ben was tried and found guilty "for Breaking a Store belonging to Col. Lloyd" and was to receive the death sentence for the crime. 9  The court in August of 1761 decided that Ben was to "be taken from hence (court) to the publick Prison of the county afsd. (aforesaid) and from thence be carried to the place of Execution and there to be hanged by the neck untill He be dead." 10

    After being convicted of the crime, Ben became an "Object of Mercy." 11  On December 8, 1761, the Council held at the City of Annapolis presented the case to Governor Horatio Sharpe.  After reading the conviction, the Justices "ordered that a Pardon be made out for the said Negro Ben." 12  Ben was officially pardoned by the council on December 8, 1761. 13  It's possible that Ben was granted a pardon due to his youth and lack of evidence.  

Endnotes:

1. TALBOT COUNTY COURT (Criminal Record) 1755-1761. Negro Ben. Folio 507-508. MdHR Number 9080. MSA C1857-4. 

2. Ibid.

3. "Annapolis, August 20." Maryland Gazette. 1761 August 20. 

4. TALBOT COUNTY COURT (Criminal Record) 1755-1761. Negro Ben. Folio 507-508.

5. Ibid. 

6. Ibid.

7. Ibid.

8. Ibid.

9. Maryland Gazette. 1761 August 20. 

10. TALBOT COUNTY COURT (Criminal Record) 1755-1761. Negro Ben. Folio 507-508.

11. ARCHIVES OF MARYLAND ONLINE, Proceedings of the Council of Maryland, 1761-1769, Vol. 32, pg. 18.

12. Ibid.

13. Ibid.

Researched and Written by Tanner Sparks, 2012.

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