Robin Holmes

Last updated

Robin Holmes was the plaintiff in an 1852 court case to free his enslaved children in the Oregon Territory.

Contents

Life

Robin Holmes was born enslaved in Virginia in 1810. He stated that he and his wife, Polly, had been enslaved by US Army Major in Missouri for twelve years before they were seized to pay the major's debts. [1] Politician and landowner Nathaniel Ford claimed the Holmes as his own, though Holmes would later dispute the legality of the sale. [1]

In 1843, Ford, who was 2400 dollars in debt, mortgaged Robin and Polly Holmes and five of their six children. [1] He regained ownership of Robin Holmes, Polly Holmes, and two of their children. [1] The others- William, Eliza, and Clarisa- he either lost permanently or sold. [1] Based on dates recorded by the Fords, Eliza, the oldest of the three, would have been twelve years old. [1]

On May 14, 1844, the Ford and Holmes families set out for the Oregon Territory. [1] Ford's descendants claimed that Ford was reluctant to bring Robin Holmes along, but was swayed by Holmes's pleas to stay with the Fords. [1] Robin Holmes himself testified that he had been offered freedom in exchange for helping Ford settle in Oregon, an account that Ford did not dispute in his own testimony. [1] Mary Jane, Harriet, and Celi Ann, Holmes's three remaining daughters, were also brought along. [1]

Holmes v. Ford

In 1850, Mr. Ford granted freedom to Robin, Polly, and one of the children, leaving four children enslaved (two children had been born to the couple between 1844 and 1850). [2] One of the children, Harriet, died in 1851. [1] Robin Holmes then sued Nathaniel Ford for his children's freedom in 1852. [1]

The case, Holmes v. Ford , was brought before the Oregon Territorial Supreme Court on July 13, 1853, and the children were awarded to their parents [3] after a fourteen-month trial. [2]

Related Research Articles

<span class="mw-page-title-main">Solomon Northup</span> Free-born African American kidnapped by slave-traders

Solomon Northup was an American abolitionist and the primary author of the memoir Twelve Years a Slave. A free-born African American from New York, he was the son of a freed slave and a free woman of color. A farmer and a professional violinist, Northup had been a landowner in Washington County, New York. In 1841, he was offered a traveling musician's job and went to Washington, D.C. ; there he was drugged and kidnapped into slavery. He was shipped to New Orleans, purchased by a planter, and held as a slave for 12 years in the Red River region of Louisiana, mostly in Avoyelles Parish. He remained a slave until he met Samuel Bass, a Canadian working on his plantation who helped get word to New York, where state law provided aid to free New York citizens who had been kidnapped and sold into slavery. His family and friends enlisted the aid of the Governor of New York, Washington Hunt, and Northup regained his freedom on January 3, 1853.

Dred Scott v. Sandford, 60 U.S. 393 (1857), was a landmark decision of the United States Supreme Court that held the U.S. Constitution did not extend American citizenship to people of black African descent, and thus they could not enjoy the rights and privileges the Constitution conferred upon American citizens. The decision is widely considered the worst in the Supreme Court's history, being widely denounced for its overt racism, perceived judicial activism, poor legal reasoning, and crucial role in the start of the American Civil War four years later. Legal scholar Bernard Schwartz said that it "stands first in any list of the worst Supreme Court decisions". Chief Justice Charles Evans Hughes called it the Court's "greatest self-inflicted wound".

<span class="mw-page-title-main">Dred Scott</span> African-American plaintiff in freedom suit (c.1799–1858)

Dred Scott was an enslaved African American man who, along with his wife, Harriet, unsuccessfully sued for the freedom of themselves and their two daughters, Eliza and Lizzie, in the Dred Scott v. Sandford case of 1857, popularly known as the "Dred Scott decision". The Scotts claimed that they should be granted freedom because Dred had lived in Illinois and the Wisconsin Territory for four years, where slavery was illegal, and laws in those jurisdictions said that slaveholders gave up their rights to slaves if they stayed for an extended period.

<span class="mw-page-title-main">Fugitive Slave Act of 1850</span> Act of the United States Congress

The Fugitive Slave Act or Fugitive Slave Law was a law passed by the 31st United States Congress on September 18, 1850, as part of the Compromise of 1850 between Southern interests in slavery and Northern Free-Soilers.

<span class="mw-page-title-main">Polly Berry</span> Plaintiff in St. Louis freedom suits

Polly Berry was an African American woman notable for winning two freedom suits in St. Louis, one for herself, which she won in 1843, and one for her daughter Lucy, which she won in 1844. Having acquired the surnames of her slaveholders, she was also known as Polly Crockett and Polly Wash, the latter of which was the name used in her freedom suit.

<span class="mw-page-title-main">1850 United States census</span> Seventh US census

The 1850 United States census was the seventh decennial United States Census Conducted by the Census Office, it determined the resident population of the United States to be 23,191,876—an increase of 35.9 percent over the 17,069,453 persons enumerated during the 1840 census. The total population included 3,204,313 slaves.

<span class="mw-page-title-main">Charles H. Bennett (soldier)</span> American pioneer

Charles H. Bennett was an American soldier and hotelier who was present at the discovery of gold that initiated the California Gold Rush in January 1848. He served in the United States Army and was captain of a militia unit of the Provisional Government of Oregon. In later years he operated a hotel in the Oregon Territory before dying in the American Indian Wars as a captain of a cavalry unit.

Holmes v. Ford was an American court case in the Oregon Territory that freed a slave family in the territory in 1853. The decision re-affirmed that slavery was illegal in the territory as outlined in the Organic Laws of Oregon that were continued once the region became a U.S. territory. In the decision, Chief Justice of the Oregon Territorial Supreme Court George H. Williams ruled against Nathaniel Ford, freeing the children of Polly and Robin Holmes.

Nathaniel Ford was an American politician and Oregon pioneer during the time of the Oregon Territory. A native of Missouri, he worked as a sheriff in that state before moving to the Oregon Country where he was selected as judge in the Provisional Government of Oregon and served in the Oregon Territorial Legislature. Ford also lost a civil case that freed his slaves who he had brought across the Oregon Trail from Missouri.

<span class="mw-page-title-main">Calvin Ellis Stowe</span> American Biblical scholar (1802–1886)

Calvin Ellis Stowe was an American Biblical scholar who helped spread public education in the United States. Over his career, he was a professor of languages and Biblical and sacred literature at Andover Theological Seminary, Dartmouth College, Lane Theological Seminary, and Bowdoin College. He was the husband and literary agent of Harriet Beecher Stowe, author of the best-seller Uncle Tom's Cabin.

<span class="mw-page-title-main">Freedom suit</span> Enslaved persons lawsuits for freedom

Freedom suits were lawsuits in the Thirteen Colonies and the United States filed by slaves against slaveholders to assert claims to freedom, often based on descent from a free maternal ancestor, or time held as a resident in a free state or territory.

Slavery has been forbidden in the state of Minnesota since that state's admission to the Union in 1858. The second section of the first Article of the state's constitution, drafted in 1857, provides that:

There shall be neither slavery nor involuntary servitude from the State otherwise there is the punishment of crime whereof the party shall have been duly convicted.

<span class="mw-page-title-main">Harriet Robinson Scott</span> African American abolitionist wife of Dred Scott

Harriet Robinson Scott was an African American woman who fought for her freedom alongside her husband, Dred Scott, for eleven years. Their legal battle culminated in the infamous United States Supreme Court decision Dred Scott v. Sandford in 1857. On April 6, 1846, attorney Francis B. Murdoch had initiated Harriet v. Irene Emerson in the Circuit Court of St. Louis County, making the Scotts the first and only married couple to file separate freedom suits in tandem.

The Oregon black exclusion laws were attempts to prevent black people from settling within the borders of the settlement and eventual U.S. state of Oregon. The first such law took effect in 1844, when the Provisional Government of Oregon voted to exclude black settlers from Oregon's borders. The law authorized a punishment for any black settler remaining in the territory to be whipped with "not less than twenty nor more than thirty-nine stripes" for every six months they remained. Additional laws aimed at African Americans entering Oregon were ratified in 1849 and 1857. The last of these laws was repealed in 1926. The laws, born of pro-slavery and anti-black beliefs, were often justified as a reaction to fears of black people instigating Native American uprisings.

<span class="mw-page-title-main">Mary Jane Holmes Shipley Drake</span>

Mary Jane Holmes Shipley Drake was an American slave involved in the Holmes v. Ford case, from which she gained her freedom in 1853.

<span class="mw-page-title-main">Robert Wash</span> American judge (1790–1856)

Robert Wash served on the Supreme Court of Missouri from September 1825 to May 1837. During his term, the pro-slavery judge, who owned slaves himself, wrote the dissenting opinion on several important freedom suits, including Milly v. Smith, Julia v. McKinney and Marguerite v. Chouteau. However, he did join in the unanimous finding for the plaintiff in the landmark Rachel v. Walker case.

Reuben Shipley was one of the first Black settlers in the Oregon Territory.

<span class="mw-page-title-main">Harriet Tubman's family</span> Family of American abolitionist

Harriet Tubman (1822 – 1913) was an American abolitionist and political activist. Tubman escaped slavery and rescued approximately 70 enslaved people, including members of her family and friends. Harriet Tubman's family includes her birth family; her two husbands, John Tubman and Nelson Davis; and her adopted daughter Gertie Davis.

<span class="mw-page-title-main">Francis B. Murdoch</span> American lawyer and newspaper publisher (1805–1882)

Francis Butter Murdoch was an American attorney and newspaper publisher. As a lawyer, he practiced law in Pennsylvania, Michigan, Illinois and Missouri, and initiated freedom suits for Dred Scott and Harriet Robinson Scott in 1846. Between 1840 and 1847, Murdoch filed nearly one-third of all freedom suits in St. Louis, and secured freedom for many of his clients who had been enslaved, including Polly Berry and her daughter, Lucy A. Delaney. Before that, Murdoch was the city attorney in Alton, Illinois, where he unsuccessfully prosecuted rioters who killed Elijah Parish Lovejoy, an anti-slavery newspaper publisher, in 1837.

Wright Modlin or Wright Maudlin (1797–1866) helped enslaved people escape slavery, whether transporting them between Underground Railroad stations or traveling south to find people that he could deliver directly to Michigan. Modlin and his Underground Railroad partner, William Holden Jones, traveled to the Ohio River and into Kentucky to assist enslave people on their journey north. Due to their success, angry slaveholders instigated the Kentucky raid on Cass County of 1847. Two years later, he helped free his neighbors, the David and Lucy Powell family, who had been captured by their former slaveholder. Tried in South Bend, Indiana, the case was called The South Bend Fugitive Slave Case.

References

  1. 1 2 3 4 5 6 7 8 9 10 11 12 Gregory., Nokes, R. (2013). Breaking chains : slavery on trial in the Oregon Territory. Corvallis, OR: Oregon State University Press. ISBN   9780870717123. OCLC   816318426.{{cite book}}: CS1 maint: multiple names: authors list (link)
  2. 1 2 "Oregon Secretary of State: Robin and Polly Holmes". sos.oregon.gov. Retrieved 2019-01-15.
  3. "Holmes v. Ford (1853) | The Black Past: Remembered and Reclaimed". blackpast.org. 12 February 2007. Retrieved 2019-01-15.