Oney Judge
Encyclopedia
Oney "Ona" Judge, later Oney Judge Staines (c. 1773 – February 25, 1848), was a slave at George Washington
's plantation
, Mount Vernon
in Virginia. A servant in Washington's presidential households beginning in 1789, she escaped to freedom in 1796 and made her way to New Hampshire, where she lived the rest of her life. More is known about her than any other of Washington's slaves because she was twice interviewed by abolitionist newspapers in the 1840s.
Oney was born about 1773 to Betty, an enslaved seamstress, and Andrew Judge, a white English tailor who was an indentured servant at Mount Vernon. Her mother was one of about 85 "dower slaves" listed in the Estate of Daniel Parke Custis
(1711–1757), and under the lifetime control of his widow, Martha Custis Washington. Under the legal principle known as partus, which had been incorporated into Virginia colonial law, her status as a slave was determined by that of her mother.
At about age 10, she was brought into the Mansion House at Mount Vernon, likely as a playmate for Mrs. Washington's granddaughter Nelly Custis
. She eventually became Martha Washington's personal attendant or body servant.
, William Lee
— taken to New York City
in 1789, to work in Washington's presidential household. Following the transfer of the national capital to Philadelphia in 1790, she was one of nine slaves — Oney Judge, Austin, Giles, Paris, Moll, Hercules
, Richmond, Christopher Sheels
, "Postilion Joe" (Richardson) — to work in the President's House
. Austin was Oney's half-brother, about 15 years her senior.
Pennsylvania
had passed an act for the gradual abolition
of slavery in 1780, and prohibited nonresidents from holding slaves in the state longer than six months. If held beyond that period, the state's Gradual Abolition Act
gave slaves the legal power to free themselves. Washington argued (privately) that his presence in Pennsylvania was solely a consequence of Philadelphia's being the temporary seat of the federal government, and that the state law should not apply to him. On the advice of his attorney general, Edmund Randolph, Washington systematically rotated the slaves serving at the President's House in and out of the state to prevent their establishing a six-month continuous residency. Such a rotation was a violation of Pennsylvania law, but the president's actions were not challenged. By strict legal interpretation, a slave's residency could be terminated by spending one day outside the state. Slaveholders exploited this loophole until Pennsylvania eliminated it through a 1788 amendment to the Gradual Abolition Act. Washington repeatedly violated the amendment. He was careful to avoid spending six continuous months in Pennsylvania (which might have been interpreted as his establishing legal residency), arguing that he remained a citizen of Virginia, and subject to its laws regarding slavery.
Washington was on his Southern tour in May 1791 when the first six-month deadline approached. To interrupt their Pennsylvania residency, Martha Washington took Oney and Christopher Sheels to Trenton, New Jersey
for two days, and sent other slaves back to Mount Vernon prior to the deadline to prevent their obtaining freedom.
:
Runaway advertisements establish that she escaped to freedom from the President's House on Saturday, May 21, 1796. The following appeared in The Pennsylvania Gazette on Tuesday, May 24, 1796:
Judge was hidden by friends and put aboard the Nancy, a ship bound for Portsmouth, New Hampshire
. That summer she was recognized on the streets of Portsmouth by Senator John Langdon
's daughter Elizabeth, a friend of Nelly Custis. Washington knew of Oney's whereabouts by September 1, when he wrote to Oliver Wolcott, Jr.
, the Secretary of the Treasury, about having her captured and returned by ship. Joseph Whipple, Portsmouth's collector of customs, interviewed her and reported back to Wolcott and the President. They abandoned their plan after Whipple warned that news of an abduction could cause a riot on the docks. Whipple said that he would not remove Judge against her will, but relayed her offer to return voluntarily to the Washingtons if they would guarantee her freedom following their deaths.
Washington responded:
Washington retired from the presidency in March 1797. The next year his nephew Burwell Bassett Jr.
traveled to New Hampshire in September 1798, to try to convince Judge to return. By this point, she had married and was the mother of an infant; her husband was at sea. Judge met with Bassett, but refused to return to Virginia with him. Over dinner with Senator Langdon, Bassett revealed his plan to kidnap her. Langdon secretly sent word for Judge to go into hiding, and foiled Bassett's plan.
Washington could have used the federal courts to recover Oney — the 1793 Fugitive Slave Act
(which he had signed into law) required a legal process to return an escaped slave over state lines. Any court case, however, would have been part of the public record, and attracted unwelcome attention.
Following Oney's escape, her younger sister, Delphy (born about 1779), became the wedding present to Martha Washington's granddaughter. Delphy and her children were manumitted
in 1807.
and published in the local newspaper. They had three children:
Oney and John Staines had fewer than 7 years together; he died on October 19, 1803. Alone, she was unable to support their children and moved back with the family of John Jacks. She and his sisters were supported by the community after his death. Later Eliza and Nancy were made wards of the town and hired out as indentured servants; As a young man, Will was apprenticed as a sailor, and reportedly never returned to Portsmouth.
Legally, Oney's children also were "dower" slaves, property of the Custis Estate, although their father had been a free man and they had been born in New Hampshire.
The Fugitive Slave Act of 1793 established the legal mechanism by which a slaveholder could recover his property, a right guaranteed in the U.S. Constitution by the Fugitive Slave Clause
(Article IV, Section 2). The 1793 Act — passed overwhelmingly by Congress and signed into law by Washington — made it a federal crime to assist an escaped slave. It overruled state and local laws that provided escaped slaves with sanctuary, and allowed slavecatchers into every U.S. state and territory.
Practically, after Washington's death, Judge Staines felt secure in New Hampshire, as no one else was likely to mount an effort to take her. But legally, she and her children remained fugitives until their deaths. Oney Judge Staines died in Greenland, New Hampshire on February 25, 1848.
On February 25, 2008, the 160th anniversary of Judge Staines' death, Philadelphia celebrated the first "Oney Judge Day" at the President's House site. The ceremony included speeches by historians and activists, a proclamation by Mayor Michael A. Nutter
, and a memorial citation by the City Council.
"Oney Judge Freedom Day," the 214th anniversary of her escape to freedom, was celebrated at the President's House site on May 21, 2010.
The President's House Commemoration, at 6th & Market Streets in Philadelphia, opened in December 2010. It includes a video about Oney Judge and information about all the known slaves at the house.
Stand-up comedian Jen Kirkman recounts her recollections of Oney Judge's life in the Funny or Die produced web video.
George Washington
George Washington was the dominant military and political leader of the new United States of America from 1775 to 1799. He led the American victory over Great Britain in the American Revolutionary War as commander-in-chief of the Continental Army from 1775 to 1783, and presided over the writing of...
's plantation
Plantation
A plantation is a long artificially established forest, farm or estate, where crops are grown for sale, often in distant markets rather than for local on-site consumption...
, Mount Vernon
Mount Vernon (plantation)
Mount Vernon, located near Alexandria, Virginia, was the plantation home of the first President of the United States, George Washington. The mansion is built of wood in neoclassical Georgian architectural style, and the estate is located on the banks of the Potomac River.Mount Vernon was designated...
in Virginia. A servant in Washington's presidential households beginning in 1789, she escaped to freedom in 1796 and made her way to New Hampshire, where she lived the rest of her life. More is known about her than any other of Washington's slaves because she was twice interviewed by abolitionist newspapers in the 1840s.
Youth
Daniel Parke Custis
Daniel Parke Custis was a wealthy Virginia planter whose widow, Martha, married George Washington.He was the son of John Custis , a powerful member of Virginia's Governor's Council, and Frances Parke Custis...
(1711–1757), and under the lifetime control of his widow, Martha Custis Washington. Under the legal principle known as partus, which had been incorporated into Virginia colonial law, her status as a slave was determined by that of her mother.
At about age 10, she was brought into the Mansion House at Mount Vernon, likely as a playmate for Mrs. Washington's granddaughter Nelly Custis
Eleanor Parke Custis Lewis
Eleanor Parke Custis Lewis , known as Nelly, was the granddaughter of Martha Washington and the step-granddaughter of George Washington.-Childhood:Nelly was the daughter of John Parke Custis and Eleanor Calvert Custis...
. She eventually became Martha Washington's personal attendant or body servant.
Presidential household
She was one of seven slaves — Oney Judge, Austin, Giles, Paris, Moll, Christopher SheelsChristopher Sheels
Christopher Sheels , was a "dower" slave at George Washington's Virginia plantation, Mount Vernon, who was owned by the estate of Martha Washington's first husband, Daniel Parke Custis...
, William Lee
William Lee (valet)
William Lee , also known as Billy Lee or Will Lee, was George Washington's personal servant and the only one of Washington's slaves freed outright by Washington in his will...
— taken to New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
in 1789, to work in Washington's presidential household. Following the transfer of the national capital to Philadelphia in 1790, she was one of nine slaves — Oney Judge, Austin, Giles, Paris, Moll, Hercules
Hercules (chef)
Hercules was the head cook at George Washington's Virginia plantation Mount Vernon in the 1780s. In November 1790, he was brought to Philadelphia to work in the kitchen of the President's House...
, Richmond, Christopher Sheels
Christopher Sheels
Christopher Sheels , was a "dower" slave at George Washington's Virginia plantation, Mount Vernon, who was owned by the estate of Martha Washington's first husband, Daniel Parke Custis...
, "Postilion Joe" (Richardson) — to work in the President's House
President's House (Philadelphia, Pennsylvania)
The President's House in Philadelphia at 524-30 Market Street was the third Presidential mansion. It was occupied by President George Washington from November 1790 to March 1797 and President John Adams from March 1797 to May 1800....
. Austin was Oney's half-brother, about 15 years her senior.
Pennsylvania
Pennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
had passed an act for the gradual abolition
Abolitionism
Abolitionism is a movement to end slavery.In western Europe and the Americas abolitionism was a movement to end the slave trade and set slaves free. At the behest of Dominican priest Bartolomé de las Casas who was shocked at the treatment of natives in the New World, Spain enacted the first...
of slavery in 1780, and prohibited nonresidents from holding slaves in the state longer than six months. If held beyond that period, the state's Gradual Abolition Act
An Act for the Gradual Abolition of Slavery
An Act for the Gradual Abolition of Slavery, passed by the Pennsylvania legislature on 1 March 1780, was the first attempt by a government in the Western Hemisphere to begin an abolition of slavery....
gave slaves the legal power to free themselves. Washington argued (privately) that his presence in Pennsylvania was solely a consequence of Philadelphia's being the temporary seat of the federal government, and that the state law should not apply to him. On the advice of his attorney general, Edmund Randolph, Washington systematically rotated the slaves serving at the President's House in and out of the state to prevent their establishing a six-month continuous residency. Such a rotation was a violation of Pennsylvania law, but the president's actions were not challenged. By strict legal interpretation, a slave's residency could be terminated by spending one day outside the state. Slaveholders exploited this loophole until Pennsylvania eliminated it through a 1788 amendment to the Gradual Abolition Act. Washington repeatedly violated the amendment. He was careful to avoid spending six continuous months in Pennsylvania (which might have been interpreted as his establishing legal residency), arguing that he remained a citizen of Virginia, and subject to its laws regarding slavery.
Washington was on his Southern tour in May 1791 when the first six-month deadline approached. To interrupt their Pennsylvania residency, Martha Washington took Oney and Christopher Sheels to Trenton, New Jersey
Trenton, New Jersey
Trenton is the capital of the U.S. state of New Jersey and the county seat of Mercer County. As of the 2010 United States Census, Trenton had a population of 84,913...
for two days, and sent other slaves back to Mount Vernon prior to the deadline to prevent their obtaining freedom.
Escape
According to the 1845 interview, Oney fled after learning that the First Lady had promised her as a wedding present to her granddaughter Eliza CustisElizabeth Parke Custis Law
Elizabeth Parke Custis Law was a granddaughter of Martha Dandridge Washington and the step-granddaughter of George Washington. She was a social leader of the District of Columbia and a preserver of the Washington family heritage.-Early life:Elizabeth Parke Custis was born on 21 August 1776...
:
"Whilst they were packing up to go to Virginia, I was packing to go, I didn't know where; for I knew that if I went back to Virginia, I should never get my liberty. I had friends among the colored people of Philadelphia, had my things carried there beforehand, and left Washington's house while they were eating dinner."
Runaway advertisements establish that she escaped to freedom from the President's House on Saturday, May 21, 1796. The following appeared in The Pennsylvania Gazette on Tuesday, May 24, 1796:
Advertisement.
Absconded from the household of the Presi-
dent of the United States, ONEY JUDGE,
a light mulatto girl, much freckled, with very black
eyes and bushy hair. She is of middle stature,
slender, and delicately formed, about 20 years of
age.
She has many changes of good clothes, of all sorts,
but they are not sufficiently recollected to be descri-
bed—As there was no suspicion of her going off, nor
no provocation to do so, it is not easy to conjecture
whither she has gone, or fully, what her design is;
but as she may attempt to escape by water, all mas-
ters of vessels are cautioned against admitting her
into them, although it is probable she will attempt
to pass for a free woman, and has, it is said, where-
withal to pay her passage.
Ten dollars will be paid to any person who will
bring her home, if taken in the city, or on board any
vessel in the harbour;—and a reasonable additional
sum if apprehended at, and brought from a greater
distance, and in proportion to the distance.
FREDERICK KITT, Steward.
May 23
New Hampshire
Portsmouth, New Hampshire
Portsmouth is a city in Rockingham County, New Hampshire in the United States. It is the largest city but only the fourth-largest community in the county, with a population of 21,233 at the 2010 census...
. That summer she was recognized on the streets of Portsmouth by Senator John Langdon
John Langdon
John Langdon was a politician from Portsmouth, New Hampshire, and one of the first two United States senators from that state. Langdon was an early supporter of the Revolutionary War and later served in the Continental Congress...
's daughter Elizabeth, a friend of Nelly Custis. Washington knew of Oney's whereabouts by September 1, when he wrote to Oliver Wolcott, Jr.
Oliver Wolcott, Jr.
Oliver Wolcott, Jr. was United States Secretary of the Treasury from 1795 to 1800 and the 24th Governor of Connecticut from 1817 to 1827.-Youth and education:...
, the Secretary of the Treasury, about having her captured and returned by ship. Joseph Whipple, Portsmouth's collector of customs, interviewed her and reported back to Wolcott and the President. They abandoned their plan after Whipple warned that news of an abduction could cause a riot on the docks. Whipple said that he would not remove Judge against her will, but relayed her offer to return voluntarily to the Washingtons if they would guarantee her freedom following their deaths.
Washington responded:
"I regret that the attempt you made to restore the Girl (Oney Judge as she called herself while with us, and who, without the least provocation absconded from her Mistress) should have been attended with so little Success. To enter into such a compromise with her, as she suggested to you, is totally inadmissible, for reasons that must strike at first view: for however well disposed I might be to a gradual abolition, or even to an entire emancipation of that description of People (if the latter was in itself practicable at this moment) it would neither be politic or just to reward unfaithfulness with a premature preference [of freedom]; and thereby discontent before hand the minds of all her fellow-servants who by their steady attachments are far more deserving than herself of favor."
Washington retired from the presidency in March 1797. The next year his nephew Burwell Bassett Jr.
Burwell Bassett
Burwell Bassett, Jr. was a member of the Virginia House of Delegates from 1787 to 1789, and the Virginia Senate from 1794 to 1805.-Biography:...
traveled to New Hampshire in September 1798, to try to convince Judge to return. By this point, she had married and was the mother of an infant; her husband was at sea. Judge met with Bassett, but refused to return to Virginia with him. Over dinner with Senator Langdon, Bassett revealed his plan to kidnap her. Langdon secretly sent word for Judge to go into hiding, and foiled Bassett's plan.
Washington could have used the federal courts to recover Oney — the 1793 Fugitive Slave Act
Fugitive Slave Act of 1793
The Fugitive Slave Clause of the U.S. Constitution guaranteed the right of a slaveholder to recover an escaped slave...
(which he had signed into law) required a legal process to return an escaped slave over state lines. Any court case, however, would have been part of the public record, and attracted unwelcome attention.
Following Oney's escape, her younger sister, Delphy (born about 1779), became the wedding present to Martha Washington's granddaughter. Delphy and her children were manumitted
Manumission
Manumission is the act of a slave owner freeing his or her slaves. In the United States before the passage of the Thirteenth Amendment to the United States Constitution, which abolished most slavery, this often happened upon the death of the owner, under conditions in his will.-Motivations:The...
in 1807.
Family
In New Hampshire, Oney met and married John (Jack) Staines, a free black sailor. Their January 1797 marriage was listed in the town records of GreenlandGreenland, New Hampshire
Greenland is a town in Rockingham County, New Hampshire, United States. The population was 3,549 at the 2010 census. It is drained by the Winnicut River and bounded on the northwest by Great Bay.- History :...
and published in the local newspaper. They had three children:
- Eliza Staines (born 1798, died February 14, 1832, New Hampshire, no known offspring)
- Will Staines (born 1801, death date & location unknown, no known offspring)
- Nancy Staines (born 1802, died February 11, 1833, New Hampshire, no known offspring)
Oney and John Staines had fewer than 7 years together; he died on October 19, 1803. Alone, she was unable to support their children and moved back with the family of John Jacks. She and his sisters were supported by the community after his death. Later Eliza and Nancy were made wards of the town and hired out as indentured servants; As a young man, Will was apprenticed as a sailor, and reportedly never returned to Portsmouth.
Interviews on slavery
Oney Judge Staines' interviews in May 1845 in The Granite Freeman and January 1847 in The Liberator, both abolitionist newspapers, contained a wealth of details about her life. She described the Washingtons, their attempts to capture her, her opinions on slavery, her pride in having learned to read, and her strong religious faith. When asked whether she was sorry that she left the Washingtons, since she labored so much harder after her escape than before, she said: "No, I am free, and have, I trust been made a child of God by the means."Never freed
Oney Judge was not among the 124 "Washington" slaves freed under the terms of George Washington's will, following his 1799 death. Instead, the 153 or so "dower" slaves reverted to the Custis Estate following Martha Washington's 1802 death, and they were divided among her grandchildren.Legally, Oney's children also were "dower" slaves, property of the Custis Estate, although their father had been a free man and they had been born in New Hampshire.
The Fugitive Slave Act of 1793 established the legal mechanism by which a slaveholder could recover his property, a right guaranteed in the U.S. Constitution by the Fugitive Slave Clause
Fugitive Slave Clause
The Fugitive Slave Clause is the name given to a provision in Article Four of the United States Constitution, Section 2, Clause 3, that requires that slaves that escaped to another state be returned to the owner in the state from which they escaped...
(Article IV, Section 2). The 1793 Act — passed overwhelmingly by Congress and signed into law by Washington — made it a federal crime to assist an escaped slave. It overruled state and local laws that provided escaped slaves with sanctuary, and allowed slavecatchers into every U.S. state and territory.
Practically, after Washington's death, Judge Staines felt secure in New Hampshire, as no one else was likely to mount an effort to take her. But legally, she and her children remained fugitives until their deaths. Oney Judge Staines died in Greenland, New Hampshire on February 25, 1848.
In popular culture
Oney Judge life story has inspired other works:- Thirst for Freedom by Emory Wilson (2000 drama), performed at Player's Ring Theater, Portsmouth, NH.
- Taking Liberty by Ann RinaldiAnn RinaldiAnn Rinaldi is an American young-adult fiction author. She is best known for her historical fiction, including In My Father's House, The Last Silk Dress, An Acquaintance with Darkness, A Break with Charity, and Hang a Thousand Trees with Ribbons...
(2002 novel). - The Escape of Oney Judge by Emily Arnold McCullyEmily Arnold McCullyEmily Arnold McCully is a children's author who was born in Galesburg, Illinois, in 1939, but grew up in Garden City, New York. She attended Brown University and Columbia University.Among the awards she has won, Ms...
(2007 children's book). - A House with No Walls by Thomas GibbonsThomas Gibbons*Thomas Gibbons *Tommy Gibbons , American heavy-weight boxer*Thomas Gibbons...
(2007 drama), performed at InterAct Theater, Philadelphia, PA, and regional theaters throughout the United States. - My Name Is Oney Judge by Diane D. Turner (2010 children's book).
- Parallel Destinies by choreographer Germaine Ingram, composer Bobby Zankel, and visual artist John Dowell (2010 dance/theater piece), work-in-progress at the Philadelphia Folklore Project.
On February 25, 2008, the 160th anniversary of Judge Staines' death, Philadelphia celebrated the first "Oney Judge Day" at the President's House site. The ceremony included speeches by historians and activists, a proclamation by Mayor Michael A. Nutter
Michael A. Nutter
Michael Anthony Nutter is the Mayor of Philadelphia, Pennsylvania. He is the third African-American mayor of Philadelphia, the largest city in the United States with an African-American mayor. Elected on November 6, 2007, he was sworn in on January 7, 2008 and re-elected on November 8, 2011...
, and a memorial citation by the City Council.
"Oney Judge Freedom Day," the 214th anniversary of her escape to freedom, was celebrated at the President's House site on May 21, 2010.
The President's House Commemoration, at 6th & Market Streets in Philadelphia, opened in December 2010. It includes a video about Oney Judge and information about all the known slaves at the house.
Stand-up comedian Jen Kirkman recounts her recollections of Oney Judge's life in the Funny or Die produced web video.
See also
- Samuel Osgood House (New York City)Samuel Osgood House (New York City)The Samuel Osgood House, also known as Walter Franklin House, was a house at 1 Cherry Street in Manhattan. It served as the first Presidential Mansion, housing George Washington, his family, and household staff, from April 23, 1789 until February 23, 1790, during the 21 months that New York City...
— First Presidential Mansion. - Alexander Macomb House (New York City)Alexander Macomb House (New York City)The Alexander Macomb House at 39-41 Broadway in Manhattan served as the second presidential mansion. President George Washington occupied it from February 23 to August 31, 1790, during the two-year period when New York City was the national capital....
— Second Presidential Mansion.
External links
- Two 1840s interviews with Oney Judge, US History, President's House
- (Video) Silent No Longer: The Story of Oney Judge, Philadelphia Inquirer