Abstract

http://ssrn.com/abstract=2469529
 


 



Cornelius Sinclair's Odyssey: Freedom, Slavery, and Freedom Again in the Old South


Judson E. Crump


Independent

Alfred L. Brophy


University of North Carolina (UNC) at Chapel Hill - School of Law

July 28, 2014

UNC Legal Studies Research Paper No. 2469529

Abstract:     
In August 1825 several free, young black people were enticed onto a ship in the Delaware River along the Philadelphia waterfront. Thus began their descent to the heart of the old South. They were kidnapped and held aboard a ship destined for a stop somewhere near Cape Henlopen, Delaware. Some days later they were carried by wagon to Maryland’s eastern shore and another ship took them further south. They walked across Georgia and into Alabama. One young man, Cornelius Sinclair, was sold in Tuscaloosa. He was a free person converted into a slave. But that was not the end.

Those who survived were then taken to Mississippi, where a slave-owner realized that they were probably free. The slave-owner contacted the Mayor of Philadelphia to verify the story of kidnapping and eventually most of those held in Mississippi were sent back to Philadelphia. Then the mayor set about rescuing Sinclair, too. In Tuscaloosa, a local minister helped Sinclair by filing a lawsuit to ask for his freedom. A judge, who would later, as governor of Alabama, seek to imprison abolitionists for spreading antislavery literature, presided over the trial that freed Sinclair. The newly freed Sinclair made a trip even further south, to New Orleans, and eventually back to Philadelphia where he faced down the men who had kidnapped him.

Sinclair's story is one of epic proportions. It is a nineteenth century version of the Odyssey. And while Cornelius' journey home took fewer years than Odysseus' journey, Sinclair traveled farther. Some of the other kidnapped people made it home as well; one died along the way. Others never returned. But this story is one of the dark evil in human hearts and also of the triumph, even if in greatly circumscribed fashion, of the rule of law. It is a story of a most unexpected turn in a legal system dedicated to the maintenance of the system of slavery.

While there has been some previous discussion of Sinclair’s case, that story has been told only briefly and exclusively from the perspective of the anti-slavery press and the records in Philadelphia. This is the first time that the Tuscaloosa part of the story has been told. And in this case study one can see the difficulty that southern jurists, slave-owners, and litigants had in dealing with the central tendency of the slave law in contrast with considerations of humanity and justice.

Number of Pages in PDF File: 65

Keywords: slavery, emancipation, kidnapping, African American history, American Colonization Society, 12 Years a Slave

working papers series





Download This Paper

Date posted: July 30, 2014 ; Last revised: September 9, 2014

Suggested Citation

Crump, Judson E. and Brophy, Alfred L., Cornelius Sinclair's Odyssey: Freedom, Slavery, and Freedom Again in the Old South (July 28, 2014). UNC Legal Studies Research Paper No. 2469529. Available at SSRN: http://ssrn.com/abstract=2469529 or http://dx.doi.org/10.2139/ssrn.2469529

Contact Information

Judson E. Crump
Independent ( email )
No Address Available
United States
Alfred L. Brophy (Contact Author)
University of North Carolina (UNC) at Chapel Hill - School of Law ( email )
Van Hecke-Wettach Hall, 160 Ridge Road
CB #3380
Chapel Hill, NC 27599-3380
United States
919-962-4128 (Phone)

Feedback to SSRN


Paper statistics
Abstract Views: 556
Downloads: 65
Download Rank: 210,043

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo3 in 1.266 seconds