Archive for April, 2016

Unspoken in the materials I quoted in my post on American slaver vessels last month was the inference that perhaps some of the slavers involved in the slave trade after the international treaty theoretically prohibited it were falsely flying American flags because of the United States’ lack of signing the treaty allowing slaver patrol crews to board American vessels looking for signs of the vessel being a slaver. While not explicitly stated in those materials, it was a very real concern of the slaver patrols.

To wit (my transcription of a printed letter):

Cyclops, off Ambuz, April 17, 1850.

Sir: I consider it my duty to bring under your notice a conversation that I had the honor of holding with Commander Levin M. Powell, commanding the United States ship-of-war “John Adams,” relative to the recent captures which have been made by some of the cruisers under your orders on the southwest coast of Africa of Brazilian vessels, which have attempted to evade search by presenting false American papers and hoisting American colors on meeting a British cruiser.

Commander Powell began by stating to me that he was not desirous, in this conversation, of referring to past captures, but that now an American vessel-of-war was stationed on the southwest coast of Africa, he desired to make some arrangement or have some agreement between the respective cruisers on all further occasions of our meeting vessels bearing the emblem of our respective countries, but producing, in the individual boarding captain’s opinion, no just right to wear it, and he would suggest that for the future, should a vessel be boarded by any of our cruisers presenting, in our opinions, false American colors, and that on our doubting the nationality of the vessel, and informing the master that our duty was, doubting his nationality, to send him to an American officer for further scrutiny, that should the said master, (should the vessel be an illegal trader, and employed in the slave trade, or fitted to be so employed,) for fear of the consequences, (the law of the United States inflicting death of any of its subjects convicted of being engaged in the slave trade,) destroy the fraudulent American papers, and immediately present Brazilian ones, and direct a Brazilian ensign to be hoisted, that we, the British officers, should not seize such vessel as a Brazilian slaver, although we see she is fully equipped for the slave trade, and is delivered over to us as Brazilian, but that we ought to detain such vessel, on the grounds that false papers were first presented to us to evade search, and either give such vessel up to the American cruiser, if present on the coast, if not, to be sent to an American port for adjudication. …

From Serial Set Vol. No. 859, H. Exec. Doc. 105 (Monday, May 19, 1856, quoting a letter from April 17, 1850), pp. 5-6

This excerpt was followed by the British author asking the government for advice, including a hypothetical situation wherein American and British slaver patrol cruisers together encountered “a strange vessel.” The first part of the letter particularly struck me because it suggested that the American Commander Powell assumed: 1) that American law was so strong and so well enforced on this subject that anyone confronted with the possibility of being subject to it would immediately simply give up any charade; 2) that the person, upon giving up, should not be subject to the law which had terrified them into confessing.

Accompanying this printed letter was another British letter on the subject (again, my transcription of a printed document):

… in order to maintain cordial and friendly co-operation between the officers of the British and United States navies respectively engaged in the suppression of the slave trade; and I stated that her Majesty’s government derived the sincerest gratification from the proofs … of the efficiency of the steps taken by the United States government to prevent the abuse of the United States flag, for purposes of slave trade …

… her Majesty’s government consider it a general and acknowledged principle of international law, that the nationality of a vessel must be determined, not by the flag which may be hoisted from time to time at her masthead, but by the papers which prove her ownership; and upon this, issued those instructions to which Commander Fanshawe refers, for the guidance of her Majesty’s naval officers engaged in the suppression of the slave trade, ordering such officers to board any suspected vessel and to require the production of her papers, whence arise the questions mooted by the commander of the United States cruizer “John Adams.”

It appears to her Majesty’s government that the proper course to be pursued would be that, if a vessel so boarded should produce American papers, and the master should persist in asserting her American character, and if, nevertheless, there should be grounds either for suspecting her to be engaged in slave trade, or for supposing her papers to be false, the vessel should be delivered over to the nearest United States naval officers. But, if the master should disclaim American nationality, or if the United States officer should, on examining the papers, find them to be false, then, and in either of those cases, the vessel should remain in, or be given back to the charge of the British officer, to be dealt with by British courts according to the real character of the vessel.

This proposed arrangement is founded on the presumption that the courts of the United States could not deal with a vessel detained for slave trade unless she was United States property. And that if a slaver were to be sent for trial to the United States, and it should appear on trial that she was not an United States vessel, the court would acquit her for want of competence in the case.

From Serial Set Vol. No. 859, H. Exec. Doc. 105 (Monday, May 19, 1856, quoting a letter from December 31, 1850), pp. 3-4

What a different window into history this offers, including the suggestion that Americans should not be given the responsibility for dealing with international slaver vessels because American courts could not handle such cases, and that British slaver patrols should only hand a vessel over to the Americans if the crew continued to insist that they were indeed Americans despite the claim seeming dubious. Having researched and blogged about the international incident involving the Douglas out of Duxbury in 1839, I imagined upon reading this that the reason the British even went that far in their suggestion was because of prior incidents like the Douglas being detained – better to err on the side of caution than to cause another international incident. But when I read further letters, I discovered that it wasn’t just past incidents but very recent complaints by the masters of American vessels – or as the published letters put it, “legal traders” – whose participation in international trade, possibly including the slave trade, was disrupted by patrols.

Weaving throughout these letters is the fact that slaver vessels of other nationalities were hoisting American flags and carrying false American papers because the American government had refused to sign the international treaty allowing patrol crews to board and search American vessels and continued to defend its citizens rights to legally participate in the slave trade as long as they were selling people to countries where it was legal to do so. The American government could have made all of this moot at any time by signing the treaty. But it did not.

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“Virtually all New Englanders” were anti-slavery by the 1820’s-1830’s, the speaker said, providing background information on John Quincy Adams’s anti-slavery petitions on the House of Representatives floor, eventually culminating in his stand against the Gag Rule. Widespread access to video and sound via the internet has allowed much more access to events than had been possible previously, and I had the talk on in the background on Thursday as I worked in my home office. This assertion made me stop in surprise. I think often of how successful the North was in its campaign to present itself as the all-abolitionist, always-slavery-free region during and after the Civil War, and to me this claim is a good example. Not only is it inaccurate, but it recasts actions like John Quincy Adams’s, and those of many much less famous Northerners, as being ho-hum: Of course John Quincy Adams presented anti-slavery petitions because everybody where he was from was anti-slavery; of course other individuals took stands against slavery because everyone was doing it. I thought, for example, of the mob that attacked and could have killed William Lloyd Garrison in Boston and the mob that burned down Pennsylvania Hall in Philadelphia after it had been open for just three days because anti-slavery speeches were being given at it by Angelina Grimké Weld and others. (Here is Angelina’s speech, given as a mob gathered outside, heckling her through the walls.) I thought, also, of the petitions from small groups of women to the Massachusetts legislature asking to secede in the lead-up to the Civil War, hoping that by removing their anti-slavery selves from the United States they could help stave off the war.

The night before I listened to that talk, I had attended Harvard Law School’s historian Daniel Coquillette’s talk on the first hundred years of the Law School at Royall House. The administration of Harvard Law School had actively recruited from the South, and because of this, they had a much higher percentage of Southerners than other Northern law schools before the Civil War, leading to many of their alumni being officers in the Confederacy, with West Point being the only other Northern school that graduated about the same amount of future Confederate leaders. Coquillette estimated in his talk that in the 1840’s 35% of the students at the school were from the Deep South. He explained that there were three main groups at the school:

  • Deep Southerners who were “very pro-slavery”
  • Cotton Whig Northerners, who were sympathetic to the Deep Southerners
  • Conscience Whig Northerners, who weren’t really pro-slavery but saw the best strategy as trying to contain slavery to its current locations (leading to such events as Bloody Kansas)

To put it mildly, this paints a different picture of Northerners than an assertion that all of them were anti-slavery. And while of course people at a law school are a tiny portion of the overall populace, many of them went on to become leaders who had regional or national influence. According to Coquillette, Charles Sumner had originally been considered the top person at the school to replace its head, but was told that his abolition wasn’t welcome there, and rerouted himself into politics instead.

In 1859 a newspaper editor, Charles B. Flood, and a US Marshal, Matthew Johnson, were using the Cleveland newspaper Daily National Democrat as their own bully pulpit to level political accusations outside of courtrooms. When John Brown was captured after the raid on Harper’s Ferry, a letter addressed to Cleveland resident Mrs. Isaac Sturtevant was found on him, and the Daily National Democrat published the claim that she had known about and helped to fund the raid. Mrs. Sturtevant wrote a lengthy letter to the Democrat‘s competitor the Plain Dealer in response, which I reproduce partially below (my own transcription of a printed letter, including a few quirks of printing):

… In reply to the charge against me of having incendiary letters sent to my care, I would say if the editor of the Democrat knows any such letters to be incendiary, he knows more about their contents than I do. … As to the charge of being a working woman I acknowledge myself such, especially in the cause of human-freedom, and while my strength remains I shall aid it by such means as I may command. …

While I have thus deigned to notice these charges against me, and this shameful and unjust attempt on the part of a public officer and a hireling editor, to bring reproach upon myself and husband, I wish to utter my protest against any and every effort of the kind. I deny the right of Marshal Johnson or editor Flood to pry into and bring before the public, the private doings of any of our citizens. If we have violated the laws of the land, the Government has pointed out a way and established tribunals whose especial business it is to investigate such violation. No honorable man would seek to prejudice the public against the accused. And it has guaranteed to every citizen, even to negroes and women, the privilege of a fair trial. But pray what chance has any one for an impartial investigation when the public mind is filled with false rumors and statements, as it has been of late by those two most unworthy officials, who have thus departed from their legitimate functions and have arrogated to themselves duties which in no manner belong to them. …

Am I amenable for such acts to the government at Washington and its petty officials stationed here? Or to the laws of Virginia, or its crazy executive, or its blood thirsty judiciary? who in their zeal to convict a person, as in the case of Mr. Brown make him guilty of twice murdering the same man ! Or to either of the political parties who in their strife for power ignore all the rights of individuals and seem to forget and wholly repudiate the plainest and dearest immunities which belong to us as private citizens, the right of private judgment and the liberty to act in harmony therewith. There is a system of espionage being established here which exceeds in servility the worst days of Democratic France. Slavery and the darkest features of the infamous system have obtained such a foothold here, that it would seem that we are not standing erect in the dignity of free men and women of Ohio but are cowering at the feet of the insolent slave power.

Men seem to forget to inquire what are the laws of Ohio–what does her Constitution guarantee to her citizens; but, what says the slave power? What does the Fugitive Bill demand? What of liberty is left us by the Dred Scott decision?

Now, for one, I utterly repudiate and abhor the requisitions of those laws. I would add, if indeed they are laws, I would disregard them. Any law, enactment, or custom which forbids me to aid suffering humanity wherever found, I utterly reject and despise. And I would thus publicly give notice to all the friends of oppression in every form, that I shall treat all such laws as a nullity, and if a grand jury can be found who will indict me for such disobedience, they are perfectly welcome so to do. I shall neither “flee to Canada” nor cease to do all that lies in my power to break down this unrighteous system of oppression, which is even here at the North, stifling every noble feeling or impulse of the human heart. …

[Plain Dealer issue of Saturday, 5 November 1859, page 2]

I can’t imagine anyone reading the above letter and still thinking that all Northerners were unified on the subject. But to say that there was unity is to erase the bravery of acts such as the publication of this letter.

I understand that generalizations are to some degree necessary when discussing wider history. However, I plead for people to be careful that generalizations do not wipe out the complexity of history nor the individual stories of individual people leading individual lives, be it in this era or any other.

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Those of you that live in places where you bring individual trash cans to the curb have probably been in this situation before: One of your neighbors has taken their trash can(s) to the curb, and then another sees the curbside can(s) and does the same, and soon most of them have. You’re pretty sure that there was a holiday this week and that trash pickup has been delayed by one day. But the more people who bring their cans up, the more you start to wonder whether you’re correctly remembering. Perhaps you even double-check the calendar to make sure you are right. But in historical and genealogical research, there is no calendar to check. When the majority choose a different argument or interpretation from yours, you may find yourself looking for a signpost in the scholarly wilderness. People may write a piece disputing your research or contact you directly to express that your conclusions are inaccurate.

In researching historical events and people, none of us will ever know for sure what actually happened. The best we can do is come as close to accuracy as we can with the records and other resources available to us, reach our own interpretations and conclusions, and then always be willing to reexamine them if new records and/or research come to light. This makes research especially contentious, since even something as simple-seeming as an historical birth date can be up for debate.

“Truth is not a democracy”

The subheading is from a seminar I attended several years ago, and was the initial response when an audience member asked a question about when the majority disagrees with your conclusions. It’s a quip that has always stuck with me, because I have found over and over again that just because most people agree on something, that doesn’t necessarily mean it is the best interpretation of the evidence, nor that the others have necessarily reviewed all the records and other evidence that you have reviewed. When I’m contacted by someone who disagrees with my conclusions, my own starting point is usually: Can you please tell me your evidence for your position?

Take the case of the two Simeon Lymans as an example. Simeon Lyman the father was born circa 1718, probably in Northampton, Massachusetts, as his family was living there at the time. Simeon moved to Salisbury, Connecticut, around 1744, as he bought 85 acres on the “highway to Sheffield” from Joel Harvey in that year. In 1747, Simeon was officially admitted as a “resident” of the town of Salisbury according to the town meeting minutes, which included the ability to vote at town meetings. In January 1748/9 he followed these steps with the common next step of marriage. Like most New England families of this era, Simeon and his wife Elizabeth (Beebe) Lyman proceeded to have a lot of children; in their particular case, I have identified nine, including children named after each parent, again as was typical. Their nuclear family was shattered when Elizabeth died in 1773, on the eve of the Revolution. A little over a year later, a Simeon Lyman married an Abigail Chipman in Salisbury.

And this is where the controversy begins.

I had been as thorough as I could, and had also found that a Simeon Lyman had married a Joanna Palmer in 1780. Simeon Lyman the younger was born on 7 January 1754, meaning that he would have been 20 if he had married Abigail Chipman in 1774, and 26 if he married Joanna Palmer in 1780. Is it possible that Simeon the younger married Abigail and Simeon the elder (or some other Simeon) married Joanna? Of course. But it makes a heck of a lot more sense for the widower who still has children at home to remarry quickly and for the young man to wait until he’s a bit more established to marry. And that’s not even getting into the question of ages and how much more sense it generally makes for an older man to marry a woman relatively close in age to him (Abigail was born circa 1730) and a younger man to do the same, and indeed, the Simeon-Joanna pair proceeded to have children of their own. My initial theory was greatly bolstered by reviewing Joanna’s Revolutionary War widow’s pension file, in which affidavits clearly state that she married the younger Simeon.

This has been an extremely basic overview of time-consuming research that I feel is solid. Having noted that most posted research conflated Simeon’s two wives into a single wife (squashing the maiden name of his first wife and the given name of his second wife into a single wife, probably copied uncited from a compiled genealogy that had made the same error), I decided to put a basic sketch of my research on Simeon the elder online, not realizing at the time that it might be controversial beyond the conflated Abigail-Elizabeth question. And that’s when the emails began.

You’ve made a mistake, they said: Simeon the younger married Abigail.

The first time I got one, my initial response was (as usual) to go back over my research to see if I had made an error that was obvious to me. I was relieved when my review confirmed that my conclusions were, to me, solid conclusions based on extensive research and what I considered a preponderance of evidence. However, as I have mentioned, the nature of historical research means conclusions can always change depending on what evidence and research an individual researcher has viewed.

Consequently, I would respond, Can you please tell me your evidence?

They would usually respond, Ancestry. Could you please be more specific? And then I would usually get, U.S. and International Marriage Records, 1560-1900. This is an index-only database that is described by Ancestry thusly: “This database contains marriage record information for approximately 1,400,000 individuals from across all 50 United States and 32 different countries around the world between 1560 and 1900. These records, which include information on over 500 years of marriages, were extracted from family group sheets, electronic databases, biographies, wills, and other sources.” None of the entries specify what the exact source is for a marriage, but given that the entry for Simeon and Abigail claims that Simeon was born in 1755 and that Abigail was born in 1757, neither of which is true, I don’t think it is an unfair educated guess to speculate that a family group sheet created by a rather bad researcher is probably the source.

So then I was left trying to explain that I had done hundreds of hours of research on the family and popping a name into an Ancestry search box and coming back with an index-only result is not a substitute for that. Finally I added a note to my posted research that if anyone wanted to contact me disputing what I posted, to please present me with evidence from records, and that I don’t count an unsourced index-only database entry as a record. I wasn’t sure what would happen, but nobody has emailed me since I added that note.

As a final aside on the Lymans in case anyone reached this post through searching on the family, Simeon Lyman the younger carved the powder horn that J. L. Bell blogged about over on Boston 1775 in 2012.

Discovering a new path in the scholarly wilderness

Sometimes something very different happens and you find something that it appears no one else has previously found. Sometimes everyone is immediately accepting of and excited about it. But sometimes not.

Late last year Susan Moore was going through a 16th century record set in England on my behalf and sent me a report about it. I found something in it that I had never seen mentioned anywhere before and was initially taken aback. I first wrote to ask if Susan thought I was correctly interpreting it. Then I checked through published scholarship to see if I had missed its being mentioned, and I could not find a mention of it anywhere.

I am lucky enough to live in a location where I often interact in person with well-established scholars, and I happened to be somewhere with someone who has researched this shortly thereafter, and mentioned it with excitement. It went over like a lead balloon; the response was deep skepticism. After going back and forth about it in my mind a good deal, I decided to try talking to a second scholar before giving up, and their initial response was the same as mine had been – to check published scholarship to see if anyone had mentioned it previously. They could not find anything either. They then congratulated me on making what appeared to be a new find and suggested Susan and I keep plugging away at the research to see what else we could find. (I’m not really sure how I constrained myself from doing a little dance until I was alone.) I readily admit that if the second scholar had similarly reacted with skepticism, I probably would have stopped trying to talk to people about it, although I wouldn’t have given up on the research altogether. Make no mistake that it can be a little scary and/or somewhat intimidating to posit something different than what has been publicly posited before you. Since this experience, I have even more respect for people who have published pieces correcting or disputing previous published research.

I apologize for my vagueness in this part; I hope to be able to publish something about this after having completed further research, and don’t want to spill the beans publicly as a result.

Alone with the research trees

It can be hard to be the one person who doesn’t take your trash cans to the curb on the wrong day, even if you’ve checked the calendar and know that your neighbors have forgotten about a holiday. Similarly, it can be difficult to know that people vehemently disagree with your research, even if you know that your research is as good as it can be and have faith in your own interpretations. In my opinion, part of being a good researcher is being open to being wrong or to discovering new information, and also reviewing your research from time to time to see if your greater knowledge now leads you to question one of your earlier conclusions or realize perhaps there is something you missed reviewing because you did not know it existed at the time. It’s important to read the research of others and to collaborate with others, but it’s also important to remember that others are not necessarily going to agree with you and that this in and of itself doesn’t speak badly of either of you.

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