Emancipation’s Impact on African American Marriages in Civil War Kentucky: A four-part series

Posted on August 4, 2021 by Deborah Thompson

By Deborah J. Thompson, CWGK Editorial Assistant, and Charles R. Welsko, CWGK Project Director

Post 1:

Inspired by the passage of Juneteenth as a federal holiday in 2021, this series of posts examines documents in the CWGK archive to uncover the stories of how three different African American couples encountered freedom. Late in the war, a woman named Lennie claimed her freedom through an unnamed and absent husband in the U.S. Colored Troops. Henry Pointer, a freed man, followed his enslaved wife out of state, facing charges of illegal immigration upon returning to Kentucky in 1859. Mary “Polly” Ann Southgate, a free woman of color, owned her own husband, Caleb Hitch, and was fined for allowing him to work for wages. As Amy Taylor noted in her award-winning book, Embattled Freedom, the destruction of slavery and the enactment of emancipation remained elusive and uneven processes during the war.[1] The stories of these couples reveal the contingent nature of freedom and emancipation in Kentucky throughout the Civil War.

The commemoration of Juneteenth (the day enslaved Texans heard of their freedom) and other emancipation-related holidays reflect the uneven nature of emancipation, as there was no one date when slavery truly ended nationally. Many Kentuckians, particularly in Lexington and Louisville, celebrated January 1 as Emancipation Day after 1865, as the date of the Emancipation Proclamation’s issue.[2] In Evansville, Indiana, across the river from Henderson, Kentucky, celebrations of the Emancipation Proclamation took place on September 22, the date of its preliminary issue.[3] Some celebrated July 4, and the birth of the U.S.A., with a rebirth of freedom caused by the eradication of slavery—or—as a reason to protest lack of full civil rights for formerly enslaved persons.[4] Some areas of western Kentucky and Tennessee continue to celebrate the end of slavery on August 8, although there are conflicting accounts of the significance of that date. The Paducah Daily News-Democrat on August 8, 1905, stated that it commemorated the freedom of slaves in Santo Domingo, Haiti being the first Black republic established in the Western Hemisphere after a slave uprising that began in 1791. The Kentucky African American Encyclopedia cites another version of August 8th’s origin story, tracing it to Tennessee Military Governor Andrew Johnson’s emancipation action in his district.[5]

These different celebratory dates emerged because African Americans encountered freedom unevenly throughout the war. For some, the movement and presence of the U.S. Army encouraged enslaved individuals in Virginia, Kentucky, or along the Confederate coast to flee their enslavers early in the war. As the war progressed, and the U.S. Army pushed deeper into the Confederacy, more enslaved individuals had the opportunity to self-emancipate. Legally, the path to freedom was winding. Abraham’s Lincoln Emancipation Proclamation, issued officially on January 1, 1863, fundamentally changed the tone of the Civil War to include the destruction of slavery. While Lincoln declared the enslaved people in most of the rebellious Confederate states free by their own national, state, and local laws, the Confederacy maintained the enslavement of nearly four million Black Americans. Federal law and military power could not enforce the Emancipation Proclamation in the South, but it provided Black Americans, enslaved or free, the ability to act on the possibility of a future defined by freedom, not servitude.

The narrative is more complicated in the loyal border states (like Maryland, Missouri, and Kentucky), since they remained unaffected by the Emancipation Proclamation. Slavery ended in these states at different times. Maryland passed a new constitution to dismantle slavery in 1864. Missouri passed their own anti-slavery ordinance in early 1865. Kentucky waited until the national ratification of the Thirteenth Amendment in December 1865, begrudgingly relinquishing the enslavement of Black Americans.[6] The enslavement of four million African Americans did not end at once; rather, it concluded in a rolling, uneven, tumult of violence, uncertainty, and hardship intermingled with hope and possibility.

The lives of African American Kentuckians became even more complicated when one spouse gained their freedom while the other remained enslaved. In the following posts, CWGK NHPRC Editorial Assistant Deborah Thompson will highlight the experiences of three different African American couples torn between slavery and freedom. The next post will focus on a couple caught in the conflict between civil law and military orders in the waning months of the war, when the U.S. government and its military proclaimed freedom for the families of African American soldiers but state law did not support this decision. CWGK document KYR-0001-004-1795 describes the testimony of Lennie, the wife of a U.S. Colored Troops infantryman, who left her master “on strength of an order issued by Major General John Palmer freeing the wives of Colored Soldiers.”[7] Lennie was in danger of reenslavement due to her illness and uncertain legal position, partly because as a slave she could not prove her marriage to her husband. She had no rights as a citizen even to offer her own testimony in her case. Her story and the ones that follow foreground the contingent, unpredictable, and tumultuous experience of emancipation in wartime Kentucky.

[1] Amy Murrell Taylor, Embattled Freedom: Journeys through the Civil War’s Slave Refugee Camps (Chapel Hill, NC: The University of North Carolina Press, 2018).

[2] Marion B. Lucas, A History of Blacks in Kentucky from Slavery to Segregation, 1760-1891 (Frankfort, KY: Kentucky Historical Society, 2003), 299.

[3] Darrell E. Bigham, On Jordan’s Banks: Emancipation and Its Aftermath in the Ohio River Valley (Lexington, KY: The University Press of Kentucky, 2003), 371.

[4] Lucas, 300.

[5] Sallie L. Powell, “August 8th Emancipation Celebration,” in The Kentucky African American Encyclopedia, ed. Gerald L. Smith, Karen Cotton McDaniel, and John A. Hardin (Lexington, KY: The University Press of Kentucky, 2015), 29.

[6] Thomas E. Bramlette, Message of Governor Thos. E. Bramlette, to the General Assembly of Kentucky, December Session, 1865 (KYR-0001-008-0002).

[7] Henry H. Hadley to Unknown (KYR-0001-004-1795).

African American Voices and CWGK

Posted on June 19, 2020 by Charles Welsko

Introduction:

Emancipation Proclamation, by L. Lipman, Milwaukee, Wisconsin,
https://www.loc.gov/pictures/item/2003671404/

On and around June 19, many African American communities across the United States will celebrate Juneteenth, the jubilant recollection of slavery’s destruction in the United States. Given the current intersection of race, politics, and Civil War Memory, the Civil War Governors of Kentucky (CWGK) team wanted to make its contribution to that discussion by doing what it does best: offering historical documents, perspective, and the opportunity for individuals to learn more about the nation’s past.

The CWGK staff support the Kentucky Historical Society’s message about the recent national conversations, protests, and debates regarding race and the lives of African Americans. Today’s events are part of a long, unbroken sequence of connections stemming from the institution of slavery and the earliest foundations of American History. It is impossible to divorce the lives of the formerly enslaved and the legacies of slavery from our memory about the Civil War and its aftermath.

Below are links to resources that CWGK has available on our site or that our staff members have helped create over the years. Where appropriate, I have provided interpretive context to help guide you through these documents and larger materials. This is not an inclusive list of what CWGK offers, but represents a starting point to broaden our interpretation and understanding of the Civil War, slavery, and the lives of African Americans in Kentucky.

The Caroline Chronicles:

Without question, the most deeply utilized part of CWGK is our work on Caroline Dement. A self-emancipated woman from Tennessee, who made her way to Louisville with the United States Army, Caroline was placed in the house of the Levy family until her master could claim her. While in the Levy household, Blanche, a young child under Caroline’s care, died from strychnine poisoning. The family accused Caroline of intentionally poisoning the child and a jury agreed before influential Louisvillians petitioned Governor Thomas Bramlette and secured her pardon. Although she disappeared from the historical record after leaving the Jefferson County Jail, Caroline’s story appears in one of CWGK’s exhibits, a short documentary, and a journal article.

Exhibit: The Caroline Chronicles
Video: Chronicle: Kentucky History Magazine Video
Article: Carole Emberton, “Disciplined Imagination” and the Limits of the Archive, in the Register of the Kentucky Historical Society, Vol. 117, No. 2: https://muse.jhu.edu/article/732592

Blog Posts:

Over the years, CWGK staff have devoted their time and interpretive expertise to blog posts that address different aspects of African American history pulled from documents found on our site. Here are a handful of those posts, and in the future, please visit our blog for more:

Documents:

CWGK has more than 10,000 digitized and transcribed documents on our site. Below are a handful (but certainly not all) that pertain to African Americans, slavery, and emancipation. As you will note, most of these sources talk about, but rarely come from African Americans themselves. Furthermore, these documents often deal with African Americans in precarious positions—as freedom seekers trying to escape the cruelty of slavery, as suspects in violent crimes, or wrapped up in the punishments of white Kentuckians.

Slavery and Capitalism Subject Guide
W. W. Crandell, Affidavit
- This document highlights the use of an enslaved man in a sting operation to catch a thief on the border of Jefferson and Bullitt Counties
W. H. Calvert et al., to Beriah Magoffin
- This petition relays the case of West/Wesley, an enslaved man who committed murder against his will and at the behest of his master
C. A. Wandelohr et. al., to Thomas E. Bramlette
- Polly Southgate, a free African American woman is fined for letting her enslaved husband hire himself out to support their family
W. H. Stokes and C. M. Metcalfe, Affidavit
- This affidavit touches on the punishment of abolitionists who attempt to help two enslaved individuals to escape

Despite all of the resources at our disposal, it is important to acknowledge that CWGK still knows more about white Kentuckians (especially white males) than their African American counterparts. A larger portion of this imbalance comes from realities of nineteenth-century life. Enslavement not only robbed African Americans of their personal freedom, rights, and personhood, but it also deprived countless enslaved men and women of an education. For every Frederick Douglass who learned to read and write while enslaved, innumerable other African Americans had no access to an education, as the practices of enslavers denied enslaved men, women, and children any semblance of humanity—monetarily, educationally, or personally.

CWGK attempts to tell the story of all ordinary Kentuckians, not just the nominal governors who frame our project’s temporal and administrative boundaries. We are, unfortunately, limited by the pervasive silence that dominates archival, political, and social spaces across an uncomfortable breadth of American history. CWGK, and this resource list, are an attempt to redress that imbalance. We have made good strides in drawing out the voices and experiences of black Kentuckians, but there is still much more work to do. We look forward to offering you that perspective in the future.

A Caroline Chronicles Update: A Research Journey Through the Louisville Daily Journal

Posted on July 20, 2016 by Tony Curtis

By Tony Curtis

Just when you think that you have gathered all of the available information on the Caroline Chronicles (read all the documents on Early Access) you stumble across a digitized collection of the Louisville Daily Journal on archive.org. I am particularly interested in how news of the Blanche Levi murder was revealed to the public and how the ensuing case was covered by a prominent Louisville newspaper. And what did a deep dive into this collection uncover about the Caroline Chronicles? I invite you—our readers—to join me on this research trip!

The Levi family appears at various points in the newspaper from August 1862 until September 1863. Willis Levi—a steamboat engineer—first appears listed as a survivor of the Steamer Acacia disaster on August 30, 1862:

Louisville Daily Journal, August 30, 1862

And again with his brother Elias Levi in an auctioneer advertisement on January 30, 1863:

Louisville Daily Journal, January 30, 1863

The Levi’s are being mentioned regularly with this advertisement for their auctioning services, and Elias is even covered anonymously through a printed Jefferson County Sheriff’s advertisement for the sale of John West(ly)—Caroline’s husband. We see the original in the Jefferson County Court books in previously discovered documents. Elias Levi bought John West(ly), aged 25, on April 27, 1863 for $245:

Louisville Daily Journal, April 18, 1863

Louisville Daily Journal, April 28, 1863

But what about the death of Blanche Levi—daughter of Willis and Anne Levi? The first mention of the death of Blanche occurs in the April 22, 1863 obituaries, her death occurring one day earlier. The obituary is brief, giving her age, when the funeral will occur, and a brief bible verse:

Louisville Daily Journal, April 22, 1863

The newspaper then falls silent for ten days. Not one mention of Blanche, the Levis, or Caroline—until May 2, 1863, when the newspaper prints, “For two weeks past we have withheld giving publicity to one of the most horrible and treacherous deeds ever committed in this city, in order to give the officers ample time to ferret out the guilty parties.” They announce “the wretch”—Caroline—was arrested and faced arraignment that same morning. Showing the inherent racial bias of society, the newspaper supposes that Caroline could not have committed without accomplice, stating, “It was believed that the girl had been instigated to this deed by some fiend in human shape, but diligent investigation has been made, and no accessory has as yet been discovered. There is something very mysterious about the crime, from the fact that no cause whatever had been given to the girl to prompt her to wreak her vengeance in this horrible crime. If she has an accomplice we sincerely trust that the wretch will be brought to justice.”

Louisville Daily Journal, May 2, 1863

This article also references Caroline’s status, they define her as “a contraband negro, from Tennessee, in the employ of Mr. Willis Levy.” Much like the previously discovered documents, Caroline’s status is constantly in flux. On May 2, 1863, the “Police Proceedings” section—the Civil War-era police blotter—announced “Caroline, a slave of James Deman, charged with poisoning a child of Willis Levi. The slave being too sick to be brought into court, the witnesses were recognized to go before the grand jury of the Circuit Court.” This gives us more insight into Caroline’s status, but it is also contradictory information. What was Caroline’s status—self-emancipated woman, contraband, slave, or a free woman of color (f.w.c.)? I am afraid newspaper coverage does not clarify Caroline’s status and as we concluded in prior research, her status remains inconclusive. It is unknown as to what the newspaper means by “too sick”.

Louisville Daily Journal, May 4, 1863

On May 6, 1863, the grand jury of the Jefferson Circuit Court returned an indictment against “Caroline (a slave)”.

Louisville Daily Journal, May 7, 1863

The June 10, 1863 Louisville Daily Journal announces the “Commonwealth vs Caroline (a slave)” case for trial as a part of the June 1863 docket of the Jefferson Circuit Court—the trial to be held on Wednesday, June 17, 1863.

Louisville Daily Journal, June 10, 1863

Further mention of Caroline’s case does not appear until June 19, 1863, when a guilty verdict is announced: “The negro woman who poisoned the family of Mr. Levi, of this city, some months since, from the effects of which one of his children, a sweet little girl, died, was yesterday convicted of murder in the first degree in the court now in session here. She will doubtless be hung.”

Louisville Daily Journal, June 19, 1863

The next mention of Caroline is not until August 14, 1863—almost two months later—announcing when she is to be hanged “at the corner of Eighteenth and Broadway streets” in Louisville. And again on September 8, 1863, following a month long respite.

Louisville Daily Journal, August 14, 1863

On September 11, 1863, Caroline is granted a second respite “for a few days” by Governor Thomas E. Bramlette “on account of some newly discovered testimony which may have some bearing on her case.”

Louisville Daily Journal, September 11, 1863

And the new evidence convinced Governor Bramlette in favor of executive clemency, as the final mention of Caroline occurs on September 25, 1863, under the headline “Pardoned.”

Louisville Daily Journal, September 25, 1863

So what have we learned from the Louisville Daily Journal coverage? The Levis were active members in the Louisville business community. We have more concrete dates on the death of Blanche Levi and the chronology of Caroline’s case. We know that the newspaper purposefully withheld any coverage of the case to allow for time to investigate the facts of the case and to arrest any suspects. The newspaper coverage further complicates Caroline’s status for us—Caroline inhabited many different worlds depending on time and place. We also learn that there is no additional coverage of “one of the most horrible and treacherous deeds ever committed in this city”—no editorials, no letters to the editor . . . Nothing. So once again, a set of research questions has led us to more research questions—some of the questions remain, others have been developed. The search continues and we will update you as new evidence is uncovered.

Tony Curtis is an Assistant Editor of the Civil War Governors of Kentucky Digital Documentary Edition.

Between the Rock and the Hard Place: Sources on Guerrilla Violence in CWG-K

Posted on May 4, 2016 by Matthew C. Hulbert

Click here to view this Subject Guide in the new Civil War Governors interface.

On June 14, 1864, John T. Smith penned a letter to Kentucky governor Thomas E. Bramlette. According to Smith, the County Court of Logan County had selected him to serve as a special messenger. His task: hashing out a solution for Logan County’s guerrilla infestation. “Our object,” Smith wrote, “is to fall upon some plan so as to have a company to act against Guerillas … the condition of most of us is such that we can not be spared long at a time from our families and therefore can not with propriety volunteer regularly and devote our whole time to the Service but we can raise a sufficient number to keep off guerillas and robbers by taking turn about with each others.”

Stationing troops in the area—an oft-used solution for localized outbreaks of irregular violence in Kentucky—wouldn’t do in this case; outside soldiers, the Logan County contingent argued, “are unacquainted with the country and its citizens and can do but little in catching guerillas who are well acquainted with both people and country.” Put another way, guerrillas had home field advantage against regular troops and it would take an insider to catch an insider. Smith and his comrades were willing to use their own intimate knowledge of Logan County to hunt pro-Confederate bushwhackers (on a part-time basis), so long as Governor Bramlette would provide them with supplies, firearms, and the state’s permission to wield them with lethal force.

Perhaps most interesting, though, is the postscript of Smith’s letter. It reads as follows:

P.S. We are troubled by all sorts of Guerillas. Since writing the above, I learn that a squad of federal guerillas or negro Soldiers from Clarksville Tenn. came into the neighborhood of Voleny last night (the place visited by rebel guerillas two nights before) and stripped the citizens of their negroes and horses. It is a perfect outrage upon our country. The Federal Soldiers at Clarksville are so busy recruiting negroes that they pay no more attention to guerillas and robbers than if they belonged to the same class of individuals. If we are permitted to raise our company give us instruction what is to be done with negro guerillas. I think we can raise from 150 to 200 men a portion of whom can always be in motion and when necessary all can act.

Aside from Smith’s views on black enlistment, this addendum reveals the extent to which Logan County residents were caught between a gray rock and a blue hard place: pro-Confederate guerrillas would raid a neighborhood and take what food and horseflesh they needed to operate in the bush. Then a group of Unionist guerrillas—sometimes even black Unionist guerrillas—would come through the same neighborhood, accusing the residents of having willingly supplied the Confederates. This cycle could repeat itself ad infinitum (and often in the reverse order), with local citizens trapped in the middle. And it was anything but limited to Logan County — this was a state-wide problem.

So if you’re interested in finding out how Governor Bramlette, private citizens like John Smith, and/or Kentucky’s military forces waged war against irregular combatants, check out this subject guide on Guerrilla Warfare — but be advised that it only represents the tip of the iceberg.

***

SUBJECT GUIDE: Guerrilla Warfare

KYR-0001-001-0008 – Thomas E. Bramlette, Proclamation by the Governor, Jan. 4, 1864

It is in the power of persons whose sympathies are with the rebellion to prevent guerrilla raids, almost invariably, by furnishing to Military Officers of the United States or State of Kentucky, the information which experience has proved them to be, as a general thing, possessed of.

If all would unite, as is their duty, in putting down guerrillas, we should soon cease to be troubled with their raids. A neglect to afford all assistance and information which may aid in defeating the designs of marauding parties, can but be construed as a culpable and active assistance to our enemies.

I, therefore, request that the various Military Commandants in the State of Kentucky will, in every instance where a loyal citizen is taken off by bands of guerrillas, immediately arrest at least five of the most prominent and active rebel sympathizers in the vicinity of such outrage for every loyal man taken by guerrillas. These sympathizers should be held as hostages for the safe and speedy return of the loyal citizens. Where there are disloyal relatives of guerrillas, they should be the chief sufferers. Let them learn that if they refuse to exert themselves actively for the assistance and protection of the loyal, they must expect to reap the just fruits of their complicity with the enemies of our State and people.

KYR-0001-002-0018 – Berry S. Young et al. to Thomas E. Bramlette, Feb. 16, 1864

The Undersigned citizens of Crittenden having been informed that by Legislative enactment and by the authority vested in you as Governor of said State that forces are to be Raised for the defense of the state against Guerrilla invasion if such be the fact We would Recommend to your favorable Consideration Lieut F S Loyd of Co H 20^th Ky Regt as Col and J N Hughey 1^st Sergt Co E 48^th Ills Regt ^for Lt Col^ both Recruited from this (Crittenden) County both of them accomplished Gentlemen and Soldiers they Refer you to Col Edward of your Staff By promoting those Young Gentlemen you will greatly oblige the Undersigned and Reward merit gained by gallant service in their country^s cause

Berry S Young clk c c c

James M Steele

W C Carnahan

S L. R. Wilson

Robt F Haynes County Atty,,

J H Walker Clerk

Crittenden Circuit Court

D N Stinson Post Master at Marion Crittenden Co Ky

John N Woods

Alfred Armstrong

James W Wilson —

E. Black

J C Henson

L. Leigh

S U Elder

KYR-0001-004-0996 – George Shirley and E. Wilty, Affidavit, Jun. 13, 1864

State that John Branstetter an infirm old man of near 70- years has lived many years in this county (formerly Barren County) a respected & good citizen and up to the commencement of this Rebellion a Sober & discreet man- that the Guerrilas Robbed him of a great deal of his property. From the troubles consequent there to & the additional fact we suppose, that his two sons Joined an independent company called the “Metcalfe Tigers” for the purpose of hunting down guerrillas & were exposed to many dangers the Old man took to drink- While in one of his drinking sprees he was induced by some bad men to go into the woods & play a game of cards. The game was played on his land & money was bet & won as appears by the evidence Testimony of a credible witness- who chanced to come upon them & saw the game He has been indicted therefore tried & fined $200- which is the least the law provides in such cases This old man is often delirious & wild wherein these drinking sprees & has to be guarded sometimes We his neighbors & friends are candid in representing that we think this is one of the few cases which demand the interposition of the Governor and ask that his fine be remitted.

KYR-0001-004-1941 – Z. Wheats to Thomas E. Bramlette, Jun. 19, 1865

I called at your office to-day & left for your consideration, the Petition of Capt. Edwin Terrell of the Independent Ky Scouts. I hope you will grant the prayer of his petition. He is one of the bravest men I ever saw, & has done more to rid Kentucky of Guerrillas than any man I have heard of. The fact is, his little band have been more effective in this service, than some Brigades of Cavalry. His head quarters were in Shelbyville & they gave our town & county protection which we could not have obtained from any other source.

KYR-0001-004-1380 – Hill and Knott to Thomas E. Bramlette, Dec. 16, 1864

Sir: As you are doubtless aware this portion of our State has long been infested by a gang of Guerrillas whose depredations have been committed almost with impunity, in Spite of the utmost vigilence of the Military, whose efforts to capture or destroy them, they have constantly managed to elude. So frequent and successful have been their forays—characterized by murder robbery and plunder—that their presence has become a cause of extreme terror to the citizens of whatever portion of our community they may mark as their prey. Some three weeks ago they made a raid through a portion of this County murdering some, robbing others, and maltreating in some manner, nearly all with whom they met.

KYR-0002-225-0083 – M. E. Poynter to Thomas E. Bramlette, Feb. 15, 1865

I trouble you with a line in regard to the recruiting officer for the State Service at this place who professes to have authority— from you to raise a company &c. I refer to W. W. Harper— and as a citizen and a Union man in behalf of the cause—the community, your own good name and of common decency I protest against such an appointment—As badly as this service demands men and as much as we have suffered from guerrillas we as a community had rather Quantrell, would pay an occasional visit than be annoyed by this man in “brief authority”— all the time.

KYR-0001-003-0086 – E. H. Hobson to Thomas E. Bramlette, Mar. 5, 1864

The 37th Ky Mounted Inft has greatly improved, Since Col C J Hann took command this Regt has recd its Horse equipments and enfield rifles but to make them more efficient would most respectfully Suggest that you arm two or four compns of the regt with Ballard Carbines or muskatoons I am anxious to have the Regt mounted and send them to the Cumberland to protect the Border Counties. the notorious Gurilla Capt Richardson and nine of his men will arrive here to day as Prisoners, they Justly merit and I hope will be punished with death give Col Hansons wishes your favourable consideration.

KYR-0002-022-0062 – W. M. Allen to Thomas E. Bramlette, Dec. 23, 1864

The last raid resulted in the death of two of our best citizens, and the killing of three of the band, and the wounding of three others of them. It was at first supposed that two of them killed at Jeffersontown were Federal soldiers, taken prisoners by the gurillas but we are all satisfied that they were deserters & gurillas. Our people are now pretty thoroughly aroused, and are anxious to have them pursued and exterminated. When pursued, these cut throats flee to the Salt River hills and scatter about among their friends and cant be found. We know who many of their aiders and abettors are but have no power to punish. The Military Authorities give us but little protection. We want something of our own that will be more efficient. It is proposed by some to raise 100 men in our county at our own expense!

KYR-0002-225-0079 – John F. Lay to Thomas E. Bramlette, Mar. 11, 1865

I have the Honor to make aplication to you for authority to recruit a Company of State troops to Serve in the State of Ky for the period of twelve months I have Served over three years in the Fedral army and know Cannot remain at Home on account of Gurillas if you will favor me with authority please Send me Some Blank Enlistment papers

KYR-0002-225-0037 – W. H. H. Faris to Thomas E. Bramlette, Apr. 24, 1864

I have presumed to address your excellency on a matter of some importance. It is the method we should adopt as the most proper for the defence of our state. The two already provided, the state troops and militia, have not proved sufficiently available. It is as much as the state troops can do, to guard the frontier, so, as to prevent the greater inroads of bodies of five hundred men. And sometimes a thousand. While parties of from thirty to forty can slip in between the posts that establishes the military chain along the southern border, effect every species of robbery, and commit any depredations they wish, and pass out again with perfect impunity. This predatory warfare is to be made on Kentucky during the three seasons when the woods are thicker, so they (the guerrillas) can practice it with greater security. This mode of warfare is characterized by the guerilla chieftains as the scouting systems. All this the militia are intended to prevent, but in which they will most signally fail; as they have done as they have done already.
Because there is ^no^ method, no arrangement no anything about them that is calculated to intercept, or overtake one of those flying bands of guerillas that pass through one county, and into another (committing all the mischief they wish) before the one has been, or the other is aware of its approach.

KYR-0001-019-0156 – Bennett Spearger to D. E. Downing, Aug. 14, 1862

The guerrilla warfare is working its ruin as a cause produces its effect a few yesterday about 2. oclock. P.M. there were 2 Union Men Killed on the Road leading from my house to Thompson Arterberry’s Hamilton and a bout 30 other men came into Tompkinsville yesterday morning a bout 8. oclk a.m. and had Nathaniel Austin and ^a^ young Hefflin Prisenors they shot Austin through the head and lefthis Brains was scatered in the road and they shot Heflin in several places, you are acquaintd ^with^ Austin and Heflin Both neither of them you Know never belong to any army the man who stealthily takes deliborate aim at the husband and Father of a helpless family ^and^ because he is freind to his Country, sends the mesenger of death to drink his life blood and compells the heart stricken widow and helpless Orphans to seek protection and support at the hands of a cold unfeeling world. Could the hands of a cold grave’s dread monster enter claim to such a fiend in any form too horrid to mete out to them there just deserts

SOURCE: John T. Smith to Thomas E. Bramlette, 14 June 1864, Kentucky Department of Military Affairs (KDMA).

To Own Life and Death: The Boundaries of Race and Mastery

Posted on March 30, 2016 by Matthew C. Hulbert

By Matthew C. Hulbert

Early one evening in May 1859, an inebriated Jesse Williams handed one of his slaves—a young man named Wesley—a loaded musket. Williams commanded Wesley to take the weapon, under cover of darkness, and with it to assassinate Edmund Stevens. In other words, Williams instructed his African American slave to take a weapon he wasn’t legally allowed to possess and gun down a white neighbor in cold blood. Williams and Stevens had apparently been feuding for years. Now, sufficiently fortified by liquor and desperation, Jesse aimed to end their dispute once and for all.

This scenario constituted the ultimate “lose-lose” for a slave like Wesley. On one hand, if he obeyed Williams, it would mean committing murder and virtually guaranteeing himself a date with the hangman. On the other, if Wesley refused to heed his obviously deranged master’s word, it would mean, at the very least, a severe beating—and given Williams’s current states of mind and intoxication, possibly much, much worse. So with no good options laid before him, Wesley took the gun and half-heartedly trudged off to the Stevens farm.

Later that same night, Wesley returned home with the gun bearing its original load. Williams, still quite drunk and now irate, demanded an explanation; when he told a slave to do something, he expected results. Murder was no exception. But according to Wesley, it wasn’t his fault. He’d been thwarted by Stevens’s dog—the animal barked whenever Wesley got too close, so it had been impossible to sneak into range. Undeterred, Williams sent his would-be assassin back into the night, this time with a small cache of poison to silence the dog. Minus the barking, Wesley could presumably finish off Stevens. And if Wesley failed again, Williams promised “to cut his back all to pieces.”

Wesley did fail again. And as court documents later revealed, he’d failed many times before: the dog was just one item from a long list of excuses concocted to avoid murdering Stevens. Wesley harbored no animus against Stevens and had even less interest in committing murder on Williams’s behalf. In fact, on more than one occasion, Wesley never even left the Williams farm; he simply hid in the nearby woods and reported back to his master in the morning, as if he’d gone out after Stevens but a clear shot had never materialized.

Even when sober, Williams wasn’t particularly bright. (And as witnesses later told it, he wasn’t sober all that often.) But eventually even he caught on to Wesley’s stalling. So one day, as he prepared to “hunt” Stevens alone, Wesley must have been disheartened to learn that Williams would be tagging along as field supervisor. Together, the pair snuck within range of Stevens and, with an insistent Williams looking over his shoulder, Wesley pulled the trigger. The projectile found its mark. Edmund Stevens fell dead in his tracks.

Given his ongoing strife with Stevens, Williams was the prime suspect, but he had a built in scapegoat: he hadn’t technically killed Stevens. Rather, it was his slave, Wesley, who’d pulled the trigger and should be legally held responsible for the deed. Not surprisingly, Williams banked on the fact that investigators would inherently take the word of a white slaveowner over that of a slave, let alone one accused of backshooting a white man. Even less surprising, Williams neglected to mention that he’d commanded Wesley to commit the crime on numerous occasions. Not long after the shooting, Williams died—almost certainly the result of his drinking. So Wesley was forced to stand trial alone, and a jury convicted him of Stevens’s murder.

This is the point in Wesley’s story where things get a little complicated. Williams, as a white, male slaveholder, had literally owned Wesley. As his owner’s human property, Wesley was technically bound to follow orders or suffer terrible—even mortal—consequences. Unity between white slaveholders and white non-slaveholders played a major role in imbuing the institution of slavery with this absolute, race-based authority. In other words, Williams, Stevens, and even the men investigating the crime were all supposed to be complicit in maintaining the color line that justified mastery over commoditized (black) human beings. But Williams broke from that protocol when he exercised the absolute authority granted him by the institution of slavery and wielded it against a member of the very community vital to maintaining the institution in the first place. More simply put, Williams overextended his ownership of the life and death of a black slave by also making a claim on the life and death of a free white man.

“That he done it under the eye of his master and under the fear that he would be killed himself or great Bodily harm would be done him, if he failed or refused to obey the command of his master.”

Following his conviction, Wesley was condemned to death. A petition offered on his behalf to Governor Beriah Magoffin argued that Wesley should be spared the gallows because Williams had both owned him and ordered him to assassinate Stevens. Even Williams’s supporters, few as they might have been, couldn’t discount the fact that two, distinct sets of footprints were found at the scene of the crime. Interestingly, though, the petitioners did not seek a full pardon for Wesley—merely that he might escape execution to spend the rest of his life in prison. The request, which Magoffin granted, illustrates how irrevocably interwoven the legal system of Kentucky had become with ideas of race, slavery, and social power. The petitioners (and Magoffin, for that matter), likely still believed that, as a rule, Wesley was duty bound to do as his master commanded. At the same time, though, they were compelled to prevent future instances of white masters using black slaves to assault other white Kentuckians. Not to close this loophole was akin to allowing the color line on which so much of slavery’s power depended to erode from within.

This means that Magoffin had to concede that what Wesley was ordered to do was wrong. By implying that the command had been wrong, the implication was also made that Wesley should have known better, morally speaking, than to obey it—a line of thought that unavoidably called into question Williams’s absolute mastery over his slave property. But even as Magoffin seemed to understand that Wesley—again, as a rule—had no choice but to obey Williams and that Williams’s order had been morally wrong, the governor, who himself owned slaves, couldn’t take that reasoning to its logical conclusion: complete exoneration for Wesley. I.e., no prison time.

Why not? Because to have consented to the ability of a slave like Wesley to only obey orders he found morally acceptable wouldn’t just have conceded a level of humanity among chattel that many slaveholders found discomforting, it would have utterly undermined a vital defense of the institution of slavery itself. (That is, the idea that slavery was a positive good for African Americans, a people otherwise incapable of thinking for themselves.) And to undermine the institution of slavery would have ultimately threatened the chief enforcement mechanism of a racial hierarchy that elevated white over black in matters social, political, economic, and cultural. With this in mind, to some extent, Wesley didn’t actually go to prison because he was a slave—Wesley went to prison to the preserve the very means of his enslavement.

Matthew C. Hulbert is an Assistant Editor of the Civil War Governors of Kentucky Digital Documentary Edition.

SOURCES: W. H. Calvert et al. to Beriah Magoffin, 16 July 1861, Kentucky Department for Libraries and Archives (hereafter KDLA); Edward P. Campbell et al. to Beriah Magoffin, 16 June 1861, KDLA; Commonwealth of Kentucky v. Wesley (a slave), Judgment, 15 June 1861, KDLA.

“Acquainted with the Value of Slaves”: The Commonwealth Invests in an Institution

Posted on March 23, 2016 by Tony Curtis

By Tony Curtis

On April 8, 1863, the Hickman Circuit Court empanelled a grand jury to review an arson case against three enslaved, runaway men—John, Elijah, and James. The jury indicted the three men for, “maliciously willfully and feloniously, set fire to and burn the dwelling house of Wm Poore, the Said Slaves having conspired to-gether. . .with one [gap] Wheeler (a white man).” All pled not guilty to the charges with court appointed attorneys by their side, but the jury found all three “guilty as charged and Say by reason thereof they shall Suffer death, but we recommend that the Governor modify the Same to punishment in the penitentiary for life.”

Not all Hickman County citizens agreed. In a letter to Governor James F. Robinson, twenty-five citizens of the county maintained that “the crime of these negroes was committed with every circumstance of atrocity possible, and simple justice demands their execution under the law.” The petitioners claimed that the three defendants had been seen with the 21st Regiment of Missouri Volunteers while at Clinton (whose commanding officer appeared on their behalf at the trial) and that they are “a scourge and terror to the whole County. They obtain arms—United States muskets—whenever they choose and make nightly excursions into the country, bursting open the houses of citizens, robbing them, putting upon them and their wives & families every kind of indignity and insult short of actual murder and violation.”

Voicing the frustration of Kentucky slave owners in the wake of the Emancipation Proclamation, they stated that the military had taken no action to stop the alleged robberies and that the “citizens of this county have no hope except in the civil laws. If these afford them no protection and that immediately society here will be broken up and the negro become supreme.” They wanted a “stern but just” sentence to intimidate their “fellow marauders,” where “imprisonment would strike little terror to the negro.” Governor Robinson agreed, and the Court ordered all three men to be hanged on May 15, 1863.

As interesting as the politics of the case, historians should also pay attention to the procedures demanded by law when slaves were to be executed. The Revised Statutes of Kentucky (1852) specified that slaveowners be compensated for the execution of their slaves convicted of crimes. From Chapter 93, Article 7, Section 24:

§ 24. When the court shall sentence to death a slave, the value of such slave shall be fixed by the court, and entered on record. If the slave be executed, or die in jail, after conviction, before the day of execution, the value, so fixed, shall be paid out of the public treasury to the master or owner, upon a presentation of a copy of the record, and certificate of the sheriff of the fact of the death or execution of such slave. If a slave, imported into this state contrary to law, or passing through this state, by land or water, to any other state, territory, or country, be executed for crime, or die before execution, he shall not be paid for as above.

To obtain a value on each of the slaves, the Hickman Circuit Court reached out to individuals “acquainted with the Value of Slaves”—in this case two physicians (H. O. Earle & C. T. Seay) and a farmer (George B. Moss). Seay and Moss owned slaves, though the record is unclear as to whether Earle owned any slaves. However, it is interesting to note that they consulted two physicians and a farmer—assessing value in terms of both physical ability and skill sets. Was this a standard makeup of court appointed valuators of slaves? Was there a particular set of qualifications to fulfill this requirement? Was there a standard form used to evaluate each enslaved person? Whatever the answers are to these questions, they valued each man as follows, “John (the slave of C S Parrott) at One thousand & Sixty Dollars. James (the Slave of Quirus Beckwith) at One thousand one hundred & forty Dollars and Elijah (the slave of Quirus Beckwith) at Eight hundred dollars.”

The Annual Report of the Auditor of Public Accounts…for fiscal year ending October 10, 1863, confirms the payment of the aforementioned amounts to Beckwith and Parrott:

Excerpt from the Annual Report of the Auditor of Public Accounts…for fiscal year ending October 10, 1863

As the Caroline Chronicles reminds us, money flowed out of the state coffers and in some cases into the state coffers as a direct result of slaves being caught up in the Kentucky legal system. In this case, public funds were used to compensate slaveowners for their loss of human property.

Another twist on the state’s criminal laws and slavery documented in CWG-K collections occurred in 1862, when two enslaved men—Jordan of Scott County, Kentucky, and Abner of Graves County, Kentucky—were convicted of Manslaughter and sentenced to life in the Kentucky State Penitentiary. In these cases legislative action was sought to remove these men from the penitentiary and sell them back into slavery. The men agreed to this pardon and to the stipulation to be returned to slavery—with no say as to who and where they would be sold at public auction. Chapter 93, Article 7, Section 25 of the Kentucky Revised Statutes needed amended in order to give the Governor the power to sell Abner and Jordan back into slavery. This section already granted the governor the power to commute the sentence of a slave, but it did not give him the power to sell said enslaved men into slavery to the financial benefit of the state. The act only stipulated that the slaveowner “shall be paid for him as though he were executed, or take the proceeds of his labor in the penitentiary.” An act passed on March 17, 1862, entitled “An ACT to amend section 25, chapter 93, if Revised Statutes”, amended this section:

An ACT to amend section 25, chapter 93, of Revised Statutes

An advertisement for the sale was placed in the Frankfort newspapers , and Jordan and Abner were returned “to their original condition of servitude” by the governor and the state treasurer by public auction held at the Franklin County Courthouse doors on July 21, 1862. The proceeds were “paid into the public treasury, and the slaves delivered to their purchasers.”

These two documents offer insight into another way in which Kentucky was complicit in the perpetuation of the institution of slavery—by codifying and enforcing slave laws, collecting taxes on enslaved property, just to name a few ways—and in the instance of these two documents, by compensating slaveowners when the enslaved were executed and by collecting payment for enslaved persons sold at public auction from the Kentucky State Penitentiary. This is yet another example of how the entire white population of Kentucky—slaveowner or non-slaveowner, rich and poor—participated in and benefited from the fully integrated slave economy.

Tony Curtis is an Assistant Editor with the Civil War Governors of Kentucky Digital Documentary Edition.

SOURCES: Commonwealth of Kentucky vs. John a Slave of C. S. Parrott Elijah & James Slaves of Q Beckwith, Indictment, April 11, 1863, Kentucky Department for Libraries and Archives (hereafter KDLA); Thomas G. Poore et al. to James F. Robinson, Correspondence, April 11, 1863, KDLA; For more on the policy of the military and runaway slaves, see Diane Mutti Burke On Slavery’s Border: Missouri’s Small-Slaveholding Households, 1815-1865 (2010), 284-287; Revised Statutes of Kentucky, 627-648; 1860 Federal Slave Schedule, Ancestry.com; Annual Report of the Auditor of Public Accounts…for fiscal year ending October 10, 1863, 18; Tri-Weekly Commonwealth (Frankfort, Ky.), July 4, 1862; Acts of the General Assembly of the Commonwealth of Kentucky, 243; See also Tim Talbott, “Negroes for Sale,” Random Thoughts on History (blog), June 19, 2013, http://randomthoughtsonhistory.blogspot.com/2013/06/negroes-for-sale.html; and Abner and Jordan, Affidavit, July 21, 1862, KDLA.

The Caroline Chronicles: A Story of Race, Urban Slavery, and Infanticide in the Border South – PART VI

Posted on March 2, 2016 by Matthew C. Hulbert

The Caroline Chronicles:
A Story of Race, Urban Slavery, and Infanticide in the Border South

Part VI – “Poison, Infanticide, and Female Slave Resistance”

Matthew C. Hulbert

We’ve left it to you to determine—based on what documentation survives—whether or not Caroline’s case warranted a pardon from Governor Thomas E. Bramlette. (In case you missed, she did receive one. Bramlette’s decision not only stayed her execution, but exonerated her completely.) This week, we’ll look more closely at the death of Blanch Levi itself, both victim and manner, to understand where it fit within an older American tradition of gendered assumptions about female slaves and resistance. Doing so will help explain some of the cultural baggage that white prosecutors, jurors, and observers brought with them into an urban, Border South courtroom in 1862–1863.

***

Despite the chronic fear of nineteenth century slaveholders that the morrow’s sunrise might bring with it a rebellion, large-scale slave uprisings didn’t happen often in the antebellum South. Logistically speaking, they were just too hard to pull off. And slaves—especially moving into the 1840s and 1850s—generally knew it.

After weeks or even months of planning, it took just one doubting, would-be rebel—looking to safeguard his or her own individual future by sabotaging those of the group—to inform and bring the conspiracy to a screeching halt. Even when slaves managed to kill their white owners or overseers and escape from immediate bondage, a sustained self-liberation movement (a la Haiti) simply wasn’t a viable option in the United States. Rebellious slaves needed somewhere permanent (and safe) to go. More important still, they had to reach that place, presumably on foot, poorly provisioned, and without the benefit of a well-traveled guide, before being hunted down by well-mounted, well-armed, and ill-intentioned white posses. The Stono Rebellion (South Carolina, 1739) and Nat Turner’s Revolt (Virginia, 1831) are illustrative of this fundamental difficulty. In both instances, insurgents initially managed to spill much blood, but in the end, were corralled and executed en masse.

Of course, this isn’t to say that slaves did not oppose their captivity with violence, only that such violence more frequently took the form of individual, localized acts of resistance. And, if we still subscribe the tenets of “resistance and accommodation” blueprinted by the late Eugene Genovese (and I think we do for the most part, regardless of how fashionable or not it might be to admit it), these acts of resistance were carried out with the basic understanding that they would not ultimately result in freedom. Instead, they would make life in the immediate more bearable. For enslaved women tasked with domestic responsibilities (in other words, for female house slaves as opposed to female field slaves) the nature of their work—as cooks, wet nurses, and nannies—put them in immediate proximity to the food consumed by their white masters and to the offspring of their white masters. As it related to resistance, this literal dual-proximity to matters of white subsistence and reproduction spawned a double-edged arrangement for enslaved women. Poisoning and infanticide gave some women the ability to resist by hitting white masters where it hurt most. On the other side of the coin, however, this relatively untapped potential also affixed to slave women a much broader stigma, or better still, an inherent “tradition of suspicion,” that had a very real ability to influence—or even poison, if you’ll pardon the pun—white perceptions of an individual like Caroline at trial.

For a detailed example of a slaveholder’s poison-related paranoia, we have to look no further than the prolific diarist Mary Chesnut, who recounted the gruesome story of a Dr. Keitt—brother to Lawrence Massillon Keitt, of Brooks-Sumner infamy.

Kate told a wonderful tale which I must set down. Laurence M. Keitt’s brother—a Dr. K that I knew full well was poisoned by his negroes—he was very indulgent. Spoiled them utterly—but was passionate & impulsive. Mr. Taylor, who married an acquaintance of ours, Miss Baker of Sumter, said to him, “Keitt, these negroes are poisoning you. Do not let them know you suspect them unless you take them up instantly, but I advise you to go away at once, say to say–& see if this extraordinary disease will not stop.” He promised. Just after Mr. Taylor left the house a woman brought him a cup of coffee & as he stirred it—it was so evident some white powder was at the bottom of the cup—that in a passion he dashed the cup in her face without drinking it. That night his throat was cut. Afterwards, by their confession it [was] provided they had been giving him calomel for months every morning in his coffee. Thre[e] were hung—but two suspected men escaped because a bother of his believed them honest and guiltless.

Other instances aren’t hard to find. According to historian Deborah Gray White, “as early as 1755 a Charleston slave woman was burned at the stake for poisoning her master.” In 1850, a family of Missourians headed by Wade Moseby was poisoned when a female slave laced their coffee with arsenic. And, two female slaves kept at Fort Riley were accused of poisoning an ordnance sergeant—though interrogation (that bordered on torture) later convinced authorities of the duo’s innocence. Despite their eventual exoneration, the idea was fixed: when unknown or unfamiliar ailments suddenly struck white slave-owners, enslaved cooks would be suspected from the outset.

Cases of infanticide are also fairly common, though the discussion is complicated by the fact that the best-known of them typically involved female slaves killing their own children as a way to not only rob white owners of future labor, but also to spare the children themselves a lifetime of emotional trauma, physical abuse, and involuntary servitude. The plot of Toni Morrison’s Beloved immediately comes to mind. The book is based on the real-life plight of Margaret Garner, a Kentucky slave who fled across the Ohio River in 1856 with several small children in tow. Garner was eventually tracked down by marshals and slave-catchers, but managed to kill one of her youngest daughters with a butcher’s knife before being subdued.

Even so, the record does contain numerous instances of female slaves killing or being accused of killing their adolescent charges. In 1769, White notes that “a special issue of the South Carolina Gazette carried the story of a slave woman who had poisoned her master’s infant daughter.” In 1848, a female slave cook belonging to Joseph Parks was “sent away at once” after being accused of intentionally poisoning a white child. In Tales from the Haunted South, Tiya Miles unpacks the story of Chloe, a female slave at the famed Myrtles Plantation in Louisiana. According to popular lore, Chloe baked oleander into a birthday cake—only meaning to make her master’s children sick—but used too much of the poison and killed multiple members of the family.

Chloe’s story is interesting because it fuses fears of poisoning and of infanticide into a single narrative—the worst case or “double-whammy” scenario for white slaveholders who had created a counter-intuitive system in which their own survival and that of their children frequently depended on the obedience of slaves who despised them. Further still, as Miles eventually sleuths, Chloe was a complete fabrication; an apocryphal ghost created by site owners for the purpose of drumming up commercial notoriety and attracting tourism. (The book, not coincidentally, analyzes the rise of ghost tourism in the South.) For our purposes, however, Chloe’s ahistorical roots are particularly enlightening because they allow us to read backward into the extent to which the aforementioned stigma or “tradition of suspicion” was entrenched in southern culture prior to emancipation: easily deep enough to have been passed down into the present without a hint of doubt from virtually anyone, save for Miles.

None of this is to say that Caroline did not intentionally poison Blanche Levi—nor is it to say that Caroline did not also attempt to poison Anne Levi and simply failed. Murder isn’t an exact science, after all. Unfortunately, given the [lack of] surviving documentation and real evidence, we will probably never know what actually happened on the front lawn of Willis Levi’s home that September morning. But we should at least now have a better understanding of what cultural baggage strode into that Louisville courtroom with Caroline, a female slave charged with infanticide by way of poison. Guilty or not, to say the proverbial deck was stacked against her would constitute a gross understatement.

Matthew C. Hulbert is an Assistant Editor of the Civil War Governors of Kentucky Digital Documentary Edition.

SOURCES: Special thanks to Kristen Epps, Joshua Rothman, and Carole Emberton for suggesting examples of poisoning/infanticide. Woodward & Muhlenberg, The Privary Mary Chesnut, 181-182; Miles, Tales from the Haunted South; White, Ain’t I a Woman?, 79; W. H. Mackey to George, March 26, 1902, in Slaves and Slavery Collection, KHS; Christopher, “Captain Joseph Parks,” 16; “Daring Attempt to Murder,” Liberty Weekly Tribune, April 5, 1850; “Family Poisoned,” Liberty Weekly Tribune, May 3, 1850.

The Caroline Chronicles: A Story of Race, Urban Slavery, and Infanticide in the Border South – PART V

Posted on February 24, 2016 by Patrick Lewis

The Caroline Chronicles:
A Story of Race, Urban Slavery, and Infanticide in the Border South

“Part V – The Husband”

By Patrick A. Lewis

Once during Levi’s absence Mrs Levi reprimanded Caroline & her husband (a contraband who hired to Levi’s brother but slept at Willis Levi’s with his wife evry night) that they must not site up so late & keep a light burning

This passage has always been a frustrating one. In 6,500 words of documentary evidence about Caroline, her husband is only ever mentioned in this passage. Who was he? Did they run away together from Tennessee? Did she meet him on the road to Kentucky or in the streets of Louisville?

And, spoiler alert, I can’t answer any of those questions. But after looking for answers, we have a new appreciation for the bigger implications of Caroline’s story.

Let’s deconstruct that sentence. Who was “Levi’s brother”? The Willis Levi in whose home Caroline was a domestic servant was, in fact, Willis Levi, Jr. His namesake and father, a Virginia native, co-owned a “sale and exchange stable” that hired and sold horses and carriages on Market Street with an elder son, Elias Levi. There are other Levi brothers besides Elias in the picture, too. A 36-year-old Mordecai (in the family business of horse trading) and a 35-year-old James Levi (in the fascinating profession of lightning rod maker) live next door to the Levi patriarch in 1860.

So, knowing there were a number of potential Levi brothers to whom Caroline’s husband might hire, I went to the Jefferson County Court Minute Book to see what official county records might reveal. Elias was the only Levi who appeared on the record in 1862 and 1863. What was he up to? Levi

Monday May 4th 1863.

It is ordered that the Sale bond of Elias Levi for Two hundred and forty five Dollars taken for the purchase of a negro runaway Slave John Wesley, be and the same is hereby credited by the sum of One Hundred and eighty six & 30/100 Dollars Jailors fees, fifteen Dollars Physicians fees & thirteen & ³¹/₁₀₀ Dollars Sheriffs Commission & costs of advertising as of 27 April 1863.

He is buying fugitive slaves from the sheriff of Jefferson County. Under Kentucky law, a sheriff was required to publicly advertise the capture of a fugitive and, if the owner did not come forward, to sell the fugitive to recoup the state’s expenses. Following that process, Elias Levi bid on and won John Wesley, “about 25 years of age, 5 feet 6 inches high, weighing 145 lbs; thin whiskers and mustache; round face and high forehead,” and Mary, who was not among the 18 people advertised in the Louisville Journal but was on a list of 29 people in the County Court minutes sold by the sheriff that day.

Could John Wesley be Caroline’s husband? Maybe. Of course, the testimony we have says that her husband hired to Levi’s brother, not was a slave of. But, then again, that testimony concerned events in February 1863, at which time we can say with certainty that Elias Levi did not own John Wesley (even if he may have controlled or coerced his labor under some other arrangement). And, frankly, without some new information we’ll never be able to know.

The (maybe) good news for John Wesley is that he was not the slave of Elias Levi for very long thanks to the United States Army. The day after Levi’s bond was entered, the County Court demanded to know why Captain Matthew H. Jouett “took from the custody of the Sheriff the runaways” sold on the block alongside John Wesley. Jouett punted up his chain of command to the Provost Marshall of Louisville, Colonel Marcellus Mundy, who had ordered the sales of fugitives in Louisville invalidated. Mundy had, to put it mildly, no especial regard for African American refugees in Louisville. In fact, he had complained directly to Lincoln about emancipation policy, pleading that Unionist Kentuckians—”masters for loyalty’s sake“—should be exempt from the hard hand of war.

Fortunately—and probably because of sentiments like the above—Mundy was being watched closely. Word of the sale in which Elias Levi had purchased John Wesley and Mary had reached Washington, prompting President Lincoln to clarify his Emancipation Proclamation and the Second Confiscation Act for any Kentuckians who—like Mundy, the sheriff, and Elias Levi—thought freedom didn’t follow individual refugees from the Confederacy when they entered the loyal slave state of Kentucky.

The President directs me to say to you that he is much surprised to find that persons who are free, under his proclamation, have been suffered to be sold under any pretense whatever; and also desires me to remind you of the terms of the acts of Congress, by which the fugitive negroes of rebel owners taking refuge within our lines are declared to be “captives of war.” He desires you to take immediate measures to prevent any persons who, by act of Congress, are entitled to protection from the Government as “captives of war” from being returned to bondage or suffering any wrong prohibited by that act. (OR series 1, volume 23, pt. 2, p. 291)

John Wesley and Mary weren’t sold, but were they subsequently freed? If so, where did they go after the army intervened to stop their sale to Elias Levi? Unfortunately, these are the same unanswered questions we have for Caroline after Governor Bramlette pardoned her in September 1863.

What we can say, though, is that executing Kentucky’s fugitive slave laws was profitable for sheriffs, local governments, and would-be slaveowners looking to purchase cheaply when supply was high, that the first waves of emancipation were a boon to the economies of slavery in Louisville and surrounding counties. As thousands of African Americans like Caroline and John Wesley escaped slavery in Tennessee, Alabama, and Mississippi, they made perfect targets for reenslavement schemes run by law enforcement and local slave traders. Those individuals and institutions exploited the uncertainty about contrabands, confiscation, emancipation, and freedom in the fall of 1862 and spring of 1863 to flood Kentucky slave markets with Deep South slaves at bargain prices—this after Kentucky had been a net slave exporter to the cotton plantations of the Old Southwest for a generation. The very months when most Americans believe the Emancipation Proclamation freed tens of thousands of slaves proved to be the greatest slave market bonanza in Kentucky history.

While we can look ahead and see Caroline and John Wesley as the harbingers of emancipation in Kentucky, it may not have looked like that to Kentucky masters—and it certainly didn’t look like that to them.

Patrick A. Lewis is Project Director of the Civil War Governors of Kentucky Digital Documentary Edition.

The Caroline Chronicles: A Story of Race, Urban Slavery, and Infanticide in the Border South – PART IV

Posted on February 17, 2016 by Matthew C. Hulbert

The Caroline Chronicles:
A Story of Race, Urban Slavery, and Infanticide in the Border South

“Part IV – The Decision”

By Matthew C. Hulbert

Over the past three weeks, we’ve recounted the tangled saga of Caroline Dennant, a Tennessee slave brought to Louisville, Kentucky, by Union General Don Carlos Buell’s army as contraband of war. Charged in the death of an infant left in her care, Caroline was eventually convicted of infanticide and sentenced to death by hanging. In addition to a more detailed version of this narrative (Part I, found here), the fundamental arguments for executive clemency and in favor of a pardon for Caroline can be found here (Part III) and here, (Part II).

We also promised to reveal whether or not Governor Thomas E. Bramlette, himself a slave-owner and virulent white supremacist, granted Caroline’s pardon based on the multiple petitions authored on her behalf. The answer is found in an entry to Bramlette’s Executive Journal dated September 24, 1863. Following the remissions of a gambling fine against J. N. Cornell ($200), damages levied against J. M. Harper ($653.94), and an appointment as Notary Public for F. G. Robbins of Jefferson County, this item appeared:

“He Pardoned Caroline (a Slave) sentenced to be hung by the Jefferson Cir Court for Murder.”

Caroline’s pardon from Bramlette not only released her from impending execution — it overruled the jury’s original guilty verdict and exonerated her of any and all charges. Problematically, at precisely moment Caroline appears to overcome a legal system rigged against both African Americans and women — and maybe doubly so against African American women — she seems to disappear from the historical record. We’re working right now to track her down.

So was Caroline actually innocent? In reality, we don’t — and probably never will — know the answer to that question. But luckily for Bramlette, he wasn’t tasked with determining ultimate innocence or guilty; rather, the governor only had to determine if reasonable doubt existed, in which case the execution could not legally be carried out. Considering the circumstantial nature of the case, even in spite of admittedly damning evidence, most of the CWG-K thinks Bramlette made the right call.

This leaves one final question concerning the pardon: what do YOU think? We’ve transcribed all of the surviving materials from the case and invite you to make up your own mind: Caroline Chronicles Documents

***

In the coming weeks, we’ll be analyzing Caroline’s story and the trial from various historical perspectives. Next on tap is a “think essay” about a man named John Wesley who may or may not have been Caroline’s husband and how the process of re-enslavement through contraband and fugitive slave auctions worked in Civil War Louisville. In two weeks, stay tuned for a survey of the cultural stigmas associated with female slave resistance, poison, and infanticide that almost certainly accompanied Caroline and her all-white jury into the courtroom.

The Caroline Chronicles: A Story of Race, Urban Slavery, and Infanticide in the Border South – PART III

Posted on February 10, 2016 by Patrick Lewis

The Caroline Chronicles:
A Story of Race, Urban Slavery, and Infanticide in the Border South

“Part III – The Defense’s Case”

By Patrick A. Lewis

For those of you who missed previous installments, we’ll begin with a very brief rundown of Caroline’s story to this point. (A full accounting of the events that led to her trial for infanticide is still available here.) In 1862 Caroline Dennant, a Tennessee slave, was brought to Louisville, Kentucky, as war contraband by Don Carlos Buell’s army—she was subsequently arrested as a fugitive slave and placed in the home of Willis and Anne Levy—a few months later, Blanch, the Levy’s toddler-aged daughter died of strychnine poisoning—Caroline was soon after charged with murder, convicted, and sentenced to death. This and last week’s installments are written from the perspective of the prosecution and the defense in the matter of Caroline’s petition for executive clemency (and may or may not reflect our actual positions on her case!).

As the prosecution alleges, there is little the defense can do to refute the circumstantial evidence against Caroline. She had been held to labor as a servant and nurse in the home of the Levys. Willis Levy did acquire, distribute, and store a large amount of strychnine. After the child’s death, Caroline was seen to have facial expressions and otherwise behave in ways to which sinister motives were later assigned by witnesses. While the defense concedes this circumstantial evidence, it entirely rejects the fanciful and conspiratorial theory of the (so-called) crime advanced by the prosecution.

Yet to secure the conviction in the trial at the May 1863 term of the Jefferson Circuit Court, the defense knowingly suppressed the extent to which Willis Levy “spread enough strychnine (or poison) to kill a regiment of men” in and about his premises. Evidence freely offered by the neighbors and family of the Levy family since the time of the trial now begs reconsideration of the case. The defense appeals to the clemency of the executive for a pardon on the following grounds:

One. That having resided in Louisville less than six months before the death of the child Blanch Levy, “in a strange place without any one to advise with” except defense counsel hastily assigned her case and without adequate time to prepare, Caroline was unable to secure witnesses for her defense at the trial.

Two. That the witnesses for the prosecution, namely Anne and Willis Levy, did not testify to the full extent to which Willis Levy spread strychnine about his premises. Only two occasions were established in evidence by Willis Levy, and Caroline could swear to no more. “Your petitioner will now state one important fact which was not developed on the trial, Mr Levy put out the poison on more than two occasions; he put it out many times to kill Dogs & Cats, & it was never taken up, & what became of it no one knows.”

Three. That the testimony of Raymond and Josephine Lynch—neighbors and in-laws to the Levys, uncle and aunt of the deceased Blanch Levy—establishes the true extent of Willis Levy’s indiscriminate and dangerous application of strychnine in and around his and his neighbors’ property. Josephine Lynch swears that “Mr Levy put out the poison every night for a great while I would think a hundred times” over a span of time “from fall to spring.” Moreover, Mrs. Lynch herself had been “very uneasy many time for fear that my children would get some of the poison I alwaise thought Mr Levy was very reckless about throwing out poison.”

Four. That the prosecution argues against accidental ingestion of the poison in the yard from the fact that no pieces of poisoned meat were found in the stomach of the deceased Blanch Levy.

Five. That testimony developed on the trial and that subsequently sworn to by Josephine Lynch establishes that a considerable amount of strychnine was spread in the yard and neighbors’ yards by means other than on meat, including but not limited to on grains designed to kill birds and loosely distributed in and around the privy.

Six. That Mrs. Levy grasped the extent to which her husband had indiscriminately spread poison in and around the Levy house. Immediately after the child’s death Mrs. Levy threw out a “bucket full of parched coffee that was bought from the soldiers,” believing it to be tainted with the poison.

Seven. That if Anne Levy was made sick by coffee on the morning the child died, this was from Willis Levy unwittingly contaminating the household coffee supply with strychnine as part of his campaign to eradicate vermin.

Eight. That if the true extent to which Willis Levy indiscriminately scattered strychnine in and around his own property and that of his neighbors had been known at the time of the trial, Caroline’s conviction would not have been sought by the prosecuting attorney. Louisville City Attorney William G. Reasor attests that “from strong circumstances made known to me since that trial, I feel that Executive clemency will have been worthily bestowed if she be fully pardoned.”

Nine. That if the true extent to which Willis Levy indiscriminately and dangerously scattered strychnine in diverse methods and in diverse locations in and around his own property and that of his neighbors had been known at the time of the trial, Caroline’s conviction would not have been secured by the jury. Nine of the gentlemen of the jury who tried her case—L. A. Civill, W. O. Gardner, John Sait, Joseph Griffith, Thomas Schorch, Samuel Ingrem, R. H. Snyder, William K. Allan, and E. P. Neale—have signed a sworn statement asking to overturn the verdict and sentence they rendered.

All this the defense presents as evidence for Caroline’s innocence in the death of the child Blanch Levy. The defense will not—as it believes it has grounds to do—pursue the argument that Caroline’s service in the Levy household was in violation of the Confiscation Act of July 17, 1862, which provides that “all slaves of persons who shall hereafter be engaged in rebellion against the government of the United States “shall be forever free of their servitude, and not again held as slaves” and that “no slave escaping into any State, Territory, or the District of Columbia, from any other State, shall be delivered up, or in any way impeded or hindered of his liberty” regardless of the laws pertaining to enslaved persons and persons of African descent in that state, territory, or district.

The defense reiterates that given the circumstances of the defendant and her insecure position in Louisville, the evidence presented in this petition was unavailable to Caroline and her counsel at the time of the trial.

If all that were introduced in this petition were this new testimony, the defense would feel confident in their expectation of His Excellency’s clemency, but having in hand the sworn statements of the prosecuting attorney and the jury, the defense feels that the pardoning power would be justly used in the case of Caroline. The premises considered, the defense asks that His Excellency Governor Bramlette issue a full and unconditional pardon.

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