
Ironton Register, February 2, 1860
The following is a copy of Gov. Dennison's Message relating the
Polly Negro Family, kidnapped from this county in 1851, passage
(or message) in answer to a resolution offered in the House by
Representative Nigh, of this county:
STATE OF OHIO EXECUTIVE DEPARTMENT }
Jan. 24th, 1860}
To The House of Representatives:
I have received a copy of a
resolution, passed by your honorable body, requesting the Governor
to transmit to you "all information in his possession, relating to
the Polly negroes kidnapped from the county of Lawrence, and now
held in slavery in the State of Virginia or elsewhere, together
with the amount of all sums of money expended in the prosecution
of suits for their reclamation, and for other purposes connected
therewith, when and to whom paid," etc.
I
have the honor to state that on the 27th of February, 1851,
the General Assembly passed a preamble and resolution in these
words:
"WHEREAS, It has been represented to this General Assembly that
on the night of the sixth of January last, seven of the children
and one of the grand-children of Peyton Polly, all said to be free
colored persons, residing in Lawrence county, in this State were
forcibly seized and carried into Kentucky, and are therein now
held in slavery contrary to law:
And
"WHEREAS:
It is represented that said Peyton Polly is poor and
unable to raise the pecuniary means necessary to procure counsel
to test in a Court of law the right of his said children to their
liberty. Therefore.
Resolved, That the Governor be, and he is hereby authorized to
inquire into the facts of said alleged seizure and abduction, and
if, on such inquiry, he shall become satisfied that said
representations are probably true, that he shall employ counsel
and adopt such other measures as shall conduce most especially to
restore said persons to their liberty, and that the cost and
expenses thereof shall be paid from his contingent fund."
Under this resolution Gov. Wood appointed Joel W. Wilson, of
Seneca county, as the agent of the State to take the case in hand.
The family, it appeared, were originally slaves in Kentucky,
and were owned by one David Campbell, of Pike co., in that State.
-- On the 20th Jan. 1849, Campbell and his wife executed their
bill of sale to Douglas Polly one black woman named Violet, aged
38 years, one black boy named Dugel, aged 15 years, one black boy
named Dayton, aged 13 years, one black boy named Harrison, aged 10
years, one black boy named Nelson, aged 8 years, one named Aaron,
aged 4 years, one black girl, aged 6 years, and one black girl,
aged 2 years.
The Douglas Polly to whom the sale was made was a free man of
color, who had been a slave of David Polly, but was duly
emancipated and set free by his last will and testament, so
entered of record in Pike county, Kentucky. These slaves were sold
to him for the purpose of being brought to Ohio and emancipated.
It appears also that after the sale the former owner removed from
Kentucky to Virginia, leaving them in the possession of the said
Douglas.
The creditors of the former owner instituted proceedings
against said Douglas to set aside said sale on the ground that it
was made to defraud creditors, and subject said negroes to the
payment of their former owner's debts. Whereupon the said Douglas,
who has acquired some $1,500, paid off all the claims against
them, and was permitted to remove them personably to Ohio, where
he brought them and set them free.
Sometime after they were brought to this State and set free,
their former owner executed another bill of sale, for them, to a
man named Justice, who resided in Lawrence county, Kentucky, which
said bill of sale expressed as a consideration the sum of one
thousand dollars; but it was supposed that was paid, and that said
Justice was to have a part of them if he succeeded in getting
them. Upon said second bill of sale being executed to said
Justice, he came into Ohio to reclaim them as fugitive slaves, but
did not succeed.
The matter rested in this way until 1850, when a
body of armed men came into this State in the night, and kidnapped
all of the children, leaving the father and mother behind. One of
said children, thus kidnapped was an infant, born in the state of
Ohio.
--- Messrs. Loughborough and Ballard of Louisville, and
James Harlan, of Frankfort, were employed by Mr. Wilson as
attorney and counsel in Kentucky, and after protracted litigation
in various courts of that State, four of the negroes were declared
free by the Court of Appeal in 1853, and returned to their friends
in Ohio.
The other four had been sold into Virginia before process
could be served in Kentucky. One has since died, and to one of the
survivors a child has been born, making the number in Virginia
still four.
In behalf of these, Messrs. McComas and Samuels of
Barboursville; and Mr. Fry of Wheeling, and Mr. Laidly, of
Guyandott, were employed as attorney and counsel, and after a
similar litigation they were declared free by the court of Cabell
county.
This judgment, however, was reversed by the court of
appeals, on the ground that Wayne county being the actual
residence of the defendants, Cabell county had no jurisdiction in
the case.
Here follows a statement of the items of expense incurred in
the prosecution of these suits, amounting, in the aggregate to
$3,257.75.
The Message concludes as follows:
"The litigation had been renewed in Wayne county, and when my
predecessor addressed a letter in March, 1856, to Mr. Laidly, who
had been represented to him as well qualified in all respects for
the conduct of the case, inquiring into its condition and the
probable expenses of prosecuting it to a conclusion, Mr. Laidly
replied that no additional counsel would be thereafter required,
that all future expenses, including the expenses of taking
deposition and compensation for his own services would not exceed
two hundred dollars, and that a favorable decision might be
expected the following August.
The sum of one hundred dollars was
accordingly remitted to him on account, but the litigation was not
brought to the expected termination. Subsequently other letters
were received from Laidly, asking a further remittance, and asking
the employment of additional counsel; and finally, in November
last, a letter was addressed by direction of the Governor, to Mr.
Leete, of Ironton, proposing to pay his expenses if he would go to
Virginia and ascertain the exact condition of the case, and the
probabilities of success in its further prosecution.
To this
letter Mr. Leete replied on the 25th of November, stating that he
would, at his earliest convenience, go to Barboursville and
collect the facts, and report them for information of the
Executive. He also expressed the opinion that some additional
counsel should be employed in it. He suggested that Geo. W.
Summers, of Kanawha, be retained. Since this letter from Mr. Leete
nothing further has been heard from him in regard to the case.
W. DENNISON.