Peyton Polly Slave Case
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Anti-Slavery Bugle, Lisbon, OH 10 Jan. 1852 p3
Governor Reuben Wood: At the last session, the General Assembly passed a resolution instructing the Executive to enquire into the circumstances of the abduction of the family of Peyton Polly and, if satisfied with their freedom, to take such measures as he deemed expedient for their release, and to pay the expenses from the contingent fund.
This was a colored family consisting of eight persons. On investigation, it was satisfactorily ascertained that a high-handed outrage had been committed on the soil, and against the dignity and sovereignty of the State of Ohio, on the night of the 6 June 1850, in the county of Lawrence and that the entire family residing remotely from assistance, was kidnapped, carried into the State of Kentucky and Virginia (now WV) and sold into slavery, where they were not slaves, but free persons. This family consisted mostly of children.
Immediately after the passage of the resolution, information was received that four of this family were sold in the mountains of Virginia, in the county of Wayne, and that four others were on their way down the river to the lower country, in the hands of purchasers, and for sale. Without time, counsel was dispatched to Louisville to intercept those in that direction, employ assistance, if necessary, and institute legal proceedings to establish their freedom and secure their return.
They were speedily overtaken and placed in the custody of the law but in different counties in Kentucky. The question as to one, Peyton Polly, has been tried, his freedom established, and he has been returned.
The other cases are still pending. Though prepared, on our part, and trials urged at the last terms of the Kentucky Courts, as I am advised, the defense caused them to be stopped. I am informed there is no reasonable apprehension entertained of an unfavorable result.
Counsel was sent to Virginia to secure the four there and institute the proper procedure for their recovery. After difficulties that proved insurmountable, they were hunted out in the mountains of Sandy, remote from civilization, and suits commenced, which are yet undecided.
Assurances have been given by counsel, likewise, of their favorable termination. Copies of portions of all the correspondence on this subject and the reports of those sent to both Virginia and Kentucky will be transmitted to you if desired.
Six individuals who were the authors of the outrage stand indicted for it in Lawrence county. They were supposed to be lurking in Kentucky as fugitives from justice. A requisition, therefore, was made on the governor of that Commonwealth, and an agent was dispatched to procure their arrest and return to Laurence County for trial.
The Governor of Kentucky promptly issued his warrant. Still, on search being made it was ascertained, the fugitives had fled to parts unknown, but probably, west of Missouri and beyond the reach of process at the present time.
At some future period, an eye will be kept on their apprehension by the present Executive, and he will leave it as an inheritance to his successor, if not before taken, to spare no exertions to vindicate our sovereignty by the punishment of this lawless banditti of pirates.
I take great pleasure in saying that, from the information received, honorable promptness and zeal were manifested, not only by the authorities but by the respectable classes of citizens in both Virginia and Kentucky, for the surrender of the fugitives and for a fair and impartial trial of the question of freedom or slavery of this family.
It is supposed some time must now intervene before these suits can be brought to a close. – Should further important information be received before your adjournment, it will be communicated.
Spirit of the Times, Ironton, OH 22 Mar 1853
It will be remembered that eight persons, the children, and grandchild of Peyton Polly, a [black man] in this county, were kidnapped at midnight in the summer of 1850 and have been absent since, four in Ky., four in Va., awaiting the trials for their freedom, except one, a lad about 19 years old, who had his cause heard and decided in favor of his freedom at Louisville last Summer by Chancellor Pertle.
Spirit of the Times, Ironton, OH 6 Jun 1854 p2
The Polly Kidnapping Case
On the night of the 6th of June 1850, eight children of Peyton Polly, a black man residing in Lawrence Township, in this county, were kidnapped, by a band of desperadoes, some residents of this county and some of them of Kentucky.
The Kidnappers residing in this county immediately fled to Kentucky, they were all indicted, and the Executive made a requisition of this State upon the Executive of Ky. for their arrest and surrender.
Gov. Crittenden of Ky. promptly responded and issued warrants for the arrest and surrender of the kidnappers, but for some cause, the writs were never executed.
Sometime after the act of kidnapping, the entire family of blacks was sold, four of them to a slave trader in Ky. and four to one Ratcliffe in Wayne Co., Va. (now WV). Those sold to the Kentucky trader were pursued and detained in the State for trial, one at Lawrenceburg, and the other three at Lexington: The cases were well prepared on both sides.
Trials at Louisville and Lexington resulted in a decision favoring the freedom of the blacks. The cases were carried up to the Court of Appeals in that State, and the courts’ decisions below were affirmed there. It is due to the Executive, the Bench, the Bar, and the people of Kentucky, to say that they threw no obstacles in the way but, on the contrary, gave every facility to give the negroes, claiming their freedom a full and fair trial, which they had, and returned to their parents in this county, as soon as they were set at liberty.
A suit was also brought in Cabell County, Va., for the freedom of the four that had been sold into that State, which is still pending in the Cabell Circuit Court and on various pretenses has been continued from term to term for more than three years – the blacks continuing in slavery.
At the last term of that Court, Gen. Wilson of Tiffin, who was appointed by Gov. Wood, as Counsel, on the part of Ohio to prosecute these freedom suits, was sued by the claimant of the negro children for maintenance, and so the matter stands.
We know no more high-minded and honorable man in the State than Geo. Wilson is subject to the annoyance of defending a suit for performing a professional duty under an appointment of the Executive of a sovereign State.
In the matter of the extent___ of negros, we __ them should be some reciprocity. If a slave finds his way to a free State, he is returned to his master at the expense of the Federal Government, but not so if a free negro is caught up in a slave State, he must defend his right to liberty as best he can or go into slavery.
[SOURCE: THE STORY BELOW WAS TAKEN FROM THE SALMON CHASE PAPERS IN OHIO HISTORICAL SOCIETY, COLUMBUS, OHIO]
A letter written by Ralph Leete (the Prosecuting Attorney for Lawrence County, Ohio, his last name is misspelled on the OHS website-mm) to A. M. Gangener about the Polly Peyton Case dated November 25, 1859
Ironton Nov. 25. 1859
Sir,
In reply to your letter about the Polly family kidnaped in this county in 1850. I have only to say that I will at my earliest convenience go to Barboursville, [was the county seat of Cabell County, West Virginia-mm] & collect the facts as to the history and the present condition of the case, as it now stands in [West] Virginia that I understand to be the object of your letter.
I am now engaged in Court at Greenup, Ky. but will be more leisurely after the first of Dec. The case in Virginia has been bungled and shamefully mismanaged from the commencement. I managed the cases in Ky, which were taken to the Court of Appeals in that State, and in 1853 got a decree that sent four of the kidnapped children home to this county where they now reside. I think some additional counsel should be employed in the Va. case.
The claimant has four able lawyers to defend. I would suggest that George W. Summers of Kenahwa [sic] be retained. He would probably do better than anyone sent from this locality. Our side of the case was completely made out in 1853. In addition to the testimony, I sent it to Frankfort and got a complete record of the case tried in the Court of Appeals of Ky., which is now among the papers in Va. unless it has been destroyed.
The frequent visits from these children’s mothers to inquire about them and their anguish are enough to move any person of correct feeling to energetic action. I will know do what I can on the premises. I have done all the real labor in the matter from its commencement.
Please present my regards to Mr. Chase.
Yours Truly,
Ralph Leete To A. M. Gangener Esqr.
Private Secretary & c.
[SOURCE: THE ABOVE STORY WAS TAKEN FROM THE SALMON CHASE PAPERS IN OHIO HISTORICAL SOCIETY, COLUMBUS, OHIO]
NOTE: In 1848 Ralph Leete was elected Prosecuting Attorney of Lawrence county, and re-elected in 1850. On the 6th of June, 1850, a family of negroes, nine children of one Peyton Poley, was kidnaped in the county at night and carried across the Ohio River and sold into slavery, four of whom were sent to Virginia and five down the river to Maysville, where they were separated and sent forward by land for the purpose of transportation by steamboat from Louisville to New Orleans. Ralph Leete, moved by the impulse, engaged the assistance of Mr. Walton, then of Catlettsburg, Ky., for the purpose of identifying those sent southward.
They set out in pursuit of both kidnapers and their victims. The negro family however was saved. One girl was detained at Lexington, two at Frankfort, one at Shelbyville and the other at Louisville. In each place Mr. Leete retained counsel, upon his own responsibility, caused suits to be brought in the several localities for their freedom, which was established, and the negro children all returned to their parents in Lawrence County, Ohio. The State of Ohio promptly took the burden of prosecuting those suits off the hands of Mr. Leete and paid him all his expenses. Ironton Weekly Republican, 20 July 1905
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 ten years, one black boy named Nelson, aged eight years, one named Aaron, aged four years, one black girl, aged six years, and one black girl, aged two 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 to be brought to Ohio and emancipated. It also appears that after the sale, the former owner removed from Kentucky to Virginia, leaving them in 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 to a man named Justice, who resided in Lawrence county, Kentucky, which said the bill of sale was expressed as a consideration of the sum of one thousand dollars. Still, 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 the 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 the said children thus kidnapped was an infant born in Ohio.
— Messrs. Loughborough, Ballard of Louisville, and James Harlan, of Frankfort were employed by Mr. Wilson as attorney and counsel in Kentucky. 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 the 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.
On behalf of these, Messrs. McComas and Samuels of Barboursville, Mr. Fry of Wheeling, and Mr. Laidly, of Guyandotte were employed as attorney and counsel. After 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 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 for a further remittance and the employment of additional counsel. 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 thought that 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 regarding the case.
W. DENNISON.
Ohio Citizens in Slavery
15 March 1860 – In 1850, a family of free colored persons named Polly was outrageously kidnapped from Lawrence County and carried into Cabell county, Va. (now WV). Efforts were still continuing to obtain their freedom through the Courts of Virginia but without success as to this date.
NOTE FROM MARTHA: On April 6, 2012, in the Wayne County, WV Courtroom, Judge Darrell Pratt of the Circuit Court of Wayne County, West Virginia, entered a decree declaring that Mr. Polley wrongfully kidnapped children — Harrison, Louisa, and Anna — “were, and are, FREE PERSONS as of March 22, 1859.”
You can read the entire story from beginning to end on the WV Law Review website here.
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