This post was written by Julita Braxton, EBSCO Project Cataloger
Challenges to the legality of bondage, shown in acclaimed director Steve McQueen’s film 12 Years a Slave—which won the Best Picture for Drama at the Golden Globes on Sunday night—are not without precedence, as evidenced by a document held in the manuscript collections of the New-York Historical Society: a list of persons to be freed. While the film tells the story of the unlawful enslavement in 1841 of Solomon Northup, a free African American from upstate New York, the N-YHS list is related to an earlier case in Maryland. Northup, played by Chiwetel Ejiofor in the movie, was kidnapped in 1841 on the streets of Washington, D.C., and sold into slavery in Louisiana, where he labored for twelve years on bayou plantations.
His 1853 memoir depicts the horrors of American chattel enslavement from the perspective of a freeborn man who had lived that way for decades. His slave narrative went on to contribute to the national dialogue on abolition. Northup was unsuccessful in his pursuit of legal action against his captors, as the laws of the jurisdiction prohibited his testimony against a white man in the nation’s capital, the scene of the crime.
A half century before, in the courts of the neighboring Upper South state of Maryland, Charles Mahoney successfully challenged the legality of his enslavement. Mahoney brought suit in 1791 against Father John Ashton, an influential Catholic Procurator General, Jesuit missionary, head of the White Marsh Mission, and slave owner. Mahoney received a favorable ruling in Maryland’s Court of Appeals in May of 1799. Mahoney’s counsel had successfully argued that he be manumitted on the grounds that he was a descendant of a freewoman, Ann Joice, who had been unlawfully enslaved. (Joice’s descendants had long asserted their freedom, and in 1770 her grandsons, the brothers Jack Wood and Jack Crane, took an axe to the neck to the man who claimed to be their overseer.)
The 1799 verdict in Mahoney v. Ashton not only freed Charles Mahoney, but also all known descendants of Ann Joice. Her descendants were owned not only by Ashton, but also by several other Maryland planters.
One such person in possession of Mahoney’s relatives was Ashton’s cousin, Charles Carroll of Carollton (1737-1832), a signer of the Declaration of Independence.
In compliance with the court ruling, Carroll accounted for Joice descendants currently held at his estate at Doughoregan, and those formerly owned by him.
In May of 1799, Carroll took an inventory of Mahoney’s relations, including a list of the names of 23 newly freed persons, and “A list of negroes sold on Doughoregan Manor since December the 2d, 1799 by Mr. Carroll.” In consequence of legal reversals, for a few more years, Mahoney’s family continued to petition the Maryland courts for manumission, with a final favorable ruling being delivered in 1802.
Mahoney v. Ashton is an illuminating example of late-eighteenth-century abolitionist movement in the Upper South.
Thank you for such an informative article relating to the current film. Americans need more films and web articles like this so that it serves as a constant reminder of the mistakes of our past so as not to repeat those mistakes in more subtle ways.
Thank you for this new information about Charles Carroll. I am in the process of researching my family history. I do know my ancestors were slaves of Mr. Carroll. Right now I’m trying to find out whether or not Mr. Carroll ever manumitted his slaves. I keep getting mixed information. Some says he did manumit and some says he never freed any slaves. This has been an eye-opening journey that I plan to continue until I have found everything that concerns my ancestors. Actually, I am enjoying the ride.
Do you know what your ancestor’s name was? I’m working on a biography of the Carroll family and have slave records from various sources. Feel free to contact me.
Anyone with information on the Carroll slaves can contact me at kathleenminnix@hotmail.com. Thanks!
I have been told that I am a a descendant of Charles Carroll. My father and grandfather both have his name. I had no idea he was a slave owner!
Please contact me. I’d love to speak with you regarding a project I’m working on. I recently learned that I’m a descendant of Charles Carroll and I’m looking to speak with some descendants of those who were enslaved by him.
Sincerely,
Loki Mulholland
Ms. Agent and I are related and both (along with another family member) have been researching our connection to the Carrolls. I would love to speak with you.
Looking for all information related to CARROLL Slaves. The Shipleys were enslaved by the Carrolls. Please email at your convenience. I have traced our family back to a slave born in 1692 – Lucy of the Ironworks.
Dear Melva, I am a researcher and curator at Mount Clare, the former plantation house belonging to Dr. Charles Carroll. He started the Baltimore Ironworks in 1731 with his distant cousin Charles Carroll of Carrolton, James Carrol his brother, Benjamin Tasker and Daniel Dulaney. I have access to the Baltimore Iron Work company papers, (At the Maryland Center for History and Culture) and I believe that I could help you trace some information about your relative Lucy. All five of the partners contributed enslaved workers and transported convicts to work under what were very harsh conditions at the the ironworks. Our museum is closed right now as we undergo a massive reinterpretation that will tell the stories of all the people who lived and worked at this industrial plantation outside of Baltimore. Please contact me.
I was told that I was a descendant of the carroll family. Because I am “white” I thought it was plausible. I recently did a dna test and found out that my great great grandfather who was from Maryland was actually african and native. The story goes that he was born in 1848 and when he was 12 he ran away with a regiment from ny during the Civil war coming to brooklyn, never to return to Maryland. I can’t find those records but ancestry has matched me with african Americans with connectons to the carroll family. My gg grandfather’s name was William Reed. Any information would be appreciated.
Thanks for the great information.
I am also doing some research on the family for a graduate project and would love to share information with you or your readers regarding the Carrolls and slavery.
If interested, please drop a note to indexrex@gmail.com.
My name is Richard Burris of TN. My 6th great grandfather was John Burroughs, transported from London in 1758
for theft of a bull from Smithfields market, though Burroughs claimed he was not a thief but took the bull to a butcher for another man. Burroughs arrived in Annapolis MD in January 1759 aboard the ship “Tryal”. He was indentured to a James McCubbin but ran away in mid-1759 according to MD Gazette want ad. He was caught and sold or traded to the Carrolls and is listed as a runaway again in 1761 in MD Gazette. McCubbin and Carrolls were kin by marriage so it is thought that Burroughs was traded in those families. I would like to know if the Carrolls had records of indentured servants like they kept for slaves.
Hi Richard,
I am a researcher and curator at Mount Clare, the former plantation house belonging to Dr. Charles Carroll. He started the Baltimore Ironworks in 1731 with his distant cousin Charles Carroll of Carrolton, James Carrol his brother, Benjamin Tasker and Daniel Dulaney. I have access to the Baltimore Iron Work company papers, (At the Maryland Center for History and Culture) and I believe that I could help you trace some information about your relative John Burroughs. All five of the Baltimore Iron Works partners contributed enslaved workers and transported convicts to work under what were very harsh conditions at the the iron Works. Our museum is closed right now as we undergo a massive reinterpretation that will tell the stories of all the people who lived and worked at this industrial plantation outside of Baltimore. Please contact me.
Hello, I am not sure if you are still on this or not. Elizabeth Carroll b. 1731 PA d. 1783 SC she married Nathaniel Henderson. Her father was Joseph Elias Caroll b. 1699 Ireland d. 1784 SC. Do you have any more information on this line? Thanks
Great Blog!
I work at the Maryland Historical Society and was wondering if we could re-blog this piece on our own Library blog – Underbelly at http://www.mdhs.org/underbelly/
We will credit the New York Historical Society and have a link back to the original piece.
Thanks for your time.
Damon,
That would be fine. Thanks for asking!
Regards,
Ted o’Reilly
Helen Agent and Dr. Kathleen Minnix,
Please contact me if you see this message. I’m working on a project that incorporates Charles Carroll which is a direct relative of mine and I want to speak with some of the descendants of those he enslaved.
Sincerely,
Loki Mulholland
Dear Loki,
Hi, I’m Richard Burris of Gallatin, TN. My ancestor (I believe), is a John Burroughs that was transported from London to Anne Arundel co MD and arrived Jan. 1759 on ship called the Tryal. He was to serve James McCubbin but ran away and is listed in Maryland Gazette 1759 : http://msa.maryland.gov/megafile/msa/speccol/sc4800/sc4872/001280/html/m1280-0134.html
If I have it correct, he was caught and listed in 1761 MD Gazette: http://msa.maryland.gov/megafile/msa/speccol/sc4800/sc4872/001280/html/m1280-0556.html
along with a Moses Dykes and Burrows/Burroughs has a wife by then. We know her name is Nancy from court record of Surry co NC dated 1788 that lists her son and my 5th great grandfather, Jesse Burris. I am trying to find more info on him and saw that you are writing on Carroll family, so please contact me for communications on the subject. Thanks RB
Loki Mulholland,
I’m sending you an email.
Regards,
Julita Braxton
I’d love any information anyone can give me on more African American people that were owned by the Carroll’s……my father was born in Mt. Vernon NY.
I am searching for slave records for the Ambush family who were on the Carroll land owned by Hezekiah Trundle. They may have been bought with the land from the Carroll family because one of them is buried in St. Joseph’s Cemetery on the Carroll farm. Do you have any records on Robert, Oscar, Frederick, Patrick, or Edward Ambush from just before the Civil War? They did stay in Buckeystown area after they were freed. My grandchildren are descendants and would love to find out where they Ambush family came from and how they got their last name. THANK YOU for any help.
Excellent article, but there’s an error. Charles Carrol was not John Ashton’s cousin. They weren’t related. Charles Carroll was related to Henry Darnall. The problem in researching is that there were many Henry Darnalls and Charles Carrolls in the family. This Charles Carroll was a grandson of a Darnall, and a brother in law to a Darnall… it goes on.
From the Archives of Maryland’s (Biographical Series) page on Rev. John Ashton (b. circa 1742 – d. 1815)
MSA SC 5496-041715: “…Ashton’s lawyers argued that Mahoney’s ancestor Ann Joice was never a free woman and was the slave of of Henry Darnall.” http://msa.maryland.gov/megafile/msa/speccol/sc5400/sc5496/041700/041715/html/041715bio.html It also states: “…Also mentioned in his will were several tracts of land that he bequeathed to his close friend, Rev. Notley Young.” Because Notley Young was also related to Charles Carroll, it’s easy to confuse relationships. But John Ashton was born in Ireland, and Charles Carroll was a third generation American colonist. In researching the Carroll family geneology, John Ashton is not found.
Hopefully this information will help those who are searching for their relatives. The book by Ronald Hoffman: The Princes of Ireland, Planters of Maryland, provides a well researched series of CORRECT family trees. On Ancestry.com there are many INCORRECT trees– it’s very easy to make mistakes when creating inter-related trees. My public tree can be found at http://trees.ancestry.com/tree/105705846/family. It is based on Hoffman’s trees in addition to family records, and archives. I’m in the process of adding media from another version of the tree I’ve kept private- so if you are interested in anything I might have, please contact me through that site. I have a little more information regarding the Digges family slaves. My direct ancestors are the “Duddington” group which were cousins of the Signer. But again, there was so much inter-marriage, money, land and clannish life, the Carroll family in the 1700s and 1800s in Maryland and the future District of Columbia were a corporation. But due to their Irish identity (rather than English), they didn’t practice primogeniture– instead splitting their wealth and land nearly equally to all children. (This is a generalisation based on published information.) And in this way, the Carroll ‘Corporation’ was ended.
I’m a descendent of Robert Pearl, aka Mulatto Robin who after his manumission, moved with his family to Carrollton Manor, where they rented and farmed acreage. The Pearl descendants resided on Carrollton Manor for longer than any other family. The Maryland Historical Society has the document “From Slave to Slave Owner”, written by Mary Jeske, PhD. It’s a fascinating and valuable read as it describes the momentous changes which occurred from the relatively open, free society of early Colonial Maryland, to the advent of African slavery and the effects of that cruelty on aspects of the formation of American culture.
http://www.lindapages.com/pearls/robertpearl-jeske.htm
A very interesting, compelling read. I’d be proud to be a descendent of Robert Pearl.
I too believe I am a descendant of Robert Pearl through his daughter Catherine Pearl Dean. I would be interested comparing research and perhaps DNA