by Rachel Dworkin,
archivist
When the Fugitive
Slave Act was signed into law in 1850 it angered many northerners. The law required that all law enforcement
officials throughout the country (even in free states) arrest anyone accused of
being a runaway slave and imposed a $1,000 fine (approximately $28,000 in present-day value) for any who refused to do so. Suspected slaves received no trails and had
no recourse for appeals, putting free-born blacks in serious danger of being
kidnapped and taken south under false pretenses. Any civilians who aided escaped slaves could
face 6 months in prison and a $1,000 fine.
There was, however, a loophole: it only applied to slaves who entered
free states and territories without their masters’ permission.
On August 11, 1853, Jervis Langdon, Jared Arnold, and their attorney Mr. Woods petitioned the court of behalf of Miss Juda Barber, a 20-year-old slave. Miss Barber was owned by a Mr. Barber of Missouri and had been lent to a Mr. Warner to act as a lady’s maid for his wife on their trip to Horseheads, New York. Before they left, she had promised her master that she would return, but once she was here she decided to seek her freedom. Woods argued that New York was a free state and Miss Barber was being illegally held against her will. After hearing the case, Judge Arial Thurston, an avowed abolitionist and Underground Railroad supporter, declared her a free woman. Miss Barber left the courtroom with Sandy Brandt and John Jones and vanished into history.
Jervis Langdon was an abolitionist and financial supporter of the Underground Railroad. He helped to pay for Miss Barber's lawsuit. |
The interesting thing about
the case is that it was neither the first nor the last time a slave transported
to a free state sued for freedom. The
last such case was, in fact, the famous Dred
Scott v. Sandford heard by the Supreme Court in 1857. Like Juda Barber, the slave Dred Scott had
been transported by his master to a free state and sued for his freedom. Scott lost his initial case and appealed to
the higher court which not only upheld the lower court’s ruling but also held
that blacks, whether slave or free, could not be citizens and thus had no right
to sue at all. The ruling was later nullified
by the Fourteenth Amendment to the Constitution which granted citizenship to
all persons born or naturalized in the United States. Today the Dred Scott decision is widely
regarded as the worst decision ever made by the Supreme Court.