Marquette Law Review Volume 97 Article 4 Issue 2 Winter 2013

A Snitch in Time: An Historical Sketch of Black Informing During Slavery Andrea L. Dennis University of Georgia School of Law, [email protected]

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Repository Citation Andrea L. Dennis, A Snitch in Time: An Historical Sketch of Black Informing During Slavery, 97 Marq. L. Rev. 279 (2013). Available at: http://scholarship.law.marquette.edu/mulr/vol97/iss2/4

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ENNIS D

L. SLAVERY SLAVERY NDREA A ) 3/10/2014 ELETE D OT N O (D

A SNITCH IN TIME: AN HISTORICAL AN TIME: IN SNITCH A -10 Associate Professor of Law, University of Georgia School of Law. Thanks are owed to

Although potentially offering the benefits of crime control and M K ENNIS C Y SKETCH OF BLACK INFORMING DURING BLACK INFORMING SKETCH OF Black community during slavery, as well as Black society’s that time. response In at developing a snapshot of the past, the Article reveals many similarities between the Black experience with informing while enslaved and in contemporary times. Consideration of these resemblances during present debate on the topic of cooperation may help to facilitate nuanced conversation as to whether government inshould approach using informants current times. and how modern Black citizens and the sentence reduction, some Blacks are criminal investigations and convinced prosecutions should that be avoided. cooperation One factor with contributing to this perspective is America’s reliance on Black informants to police and socially control Movement, and the Wars Blacks on Drugs, Crime, and Gangs. during Notwithstanding slavery, the this Civil historical justification for non-cooperation, only Rights a few informant law and policy scholars relationship with have informing. Furthermore, even examined among this small group, closely noticeably the absent Black community’s experience are with informing historical during slavery. primary explorations and secondary historical and Drawn legal sources, using of this Article sketches a the variety Black socio-legal of creation, use, and America’s regulation of Black informants in the Alfred L. Brophy, Stephen Clowney, Michael Rich, Criminal Law Lori Research Collective. Ringhand, University of and Georgia Law the Librarian Thomas J. Mid-Atlantic Striepe was immensely helpful in securing sources. Plum. everything, for Thanks own. are my Valuable omissions Rachel or All Hudgins. errors research assistance was provided by

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C Y 12:31

OTENTIAL P ...... 328 [97:2 [97:2 ...... 324 OR THE OR ...... 289 F LAVES NFORMANTS S I NFORMANTS ...... 319 I

OMESTIC D ONSIDERATIONS ONSIDERATIONS ...... 316 LACK C B NFLUENCES OFNFLUENCES MARQUETTE LAW REVIEW LAW MARQUETTE I ETRAYAL B OR ...... 331 ...... 298 ) 3/10/2014 ...... 281 F ILENCE S EFENSEOF ELETE D D EGATIVE OT N LTIMATE EMAND N O ODE OF RIEF U D ONCLUSION NFORMANT (D

I A. Necessity of Informants ...... 291 ...... A. Necessity of Informants 296 ...... and Active Agents B. Mere Informants D. Communal Ostracism and Retaliation ...... 303 ...... D. Communal and Retaliation Ostracism 304 ...... E. Religion 305 ...... F. Protection of Others 306 ...... G. Self-Preservation 309 ...... H. Criminal Leniency 310 ...... I. Manumission 312 ...... J. Remaining in State 313 ...... K. Monetary Reward A. Owner Loyalty and Favor ...... 299 ...... Favor and A. Owner Loyalty 300 ...... B. Communal Resistance and Solidarity 302 ...... C. Communal Regulation HE C B OTIVATIONS AND AND OTIVATIONS

C

-10 T HE HE

A A M

T NTRODUCTION T

I

ENNIS VII. III.

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1 2 PM

AW L 4:38 A A

It is is It 6 4 RIMINAL RIMINAL Natapoff, C Communal Communal

, (Jan. (Jan. 14, 1999),

! NFORMER IN I ATAPOFF 118.

NFORMANTS NFORMANTS AND THE ESIST I HE HE R —Mumia Abu-Jamal 794 (8th ed. 2004) (defining T

& , note 2, at 36–38; 281 281

ROSS RIMINAL note 2, at 35, at 2, note C Anti-snitch Campaign Riles Police, C supra [hereinafter [hereinafter N

EFUSE

5 ICTIONARY :

, D C. , R supra supra , AW AW (2009) L OHN S

J ’ NITCHING Snitching: The Institutional and Communal

1–3 & NFORMANTS , S I NTRODUCTION LACK . 645, 645 (2004) [hereinafter Natapoff, I

B NFORMANTS I I. EV Nevertheless, legal scholarship has has scholarship legal Nevertheless, A SNITCH IN TIME IN A SNITCH 3 R note 2, at 646. 646. 2, at note See

USTICE ARNEY ARNEY J The The Snitch Factor ATAPOFF L. H

N RIMINAL . , Mar. 29, 2006, at A1 (quoting Pittsburgh police commander:

supra supra C

RIMINAL RIMINAL IN L.

, ) 2/15/2014 , C ODAY T ELETE

MERICAN Alexandra Natapoff, D A 12, 14 (2d ed. 1968) (discussing former law enforcement officers’ recognition recognition officers’ enforcement law former (discussing 1968) ed. (2d 14 12, ALACHI

OT LEXANDRA LEXANDRA ATAPOFF ]. , 73 U. C ]; ATAPOFF N

, USA O N N A M (D

-10 . See . See . See . See 5 4 2 The government relies upon a large, unregulated collection of 3 Black viewpoints on snitching and informing are varied. 6. In this Article, I use “snitching” or “snitch” to exemplify individuals who expect or

1. Mumia Abu-Jamal, M K ROSION OF NFORCEMENT ENNIS C Y NFORMANTS Consequences snitches to ensure the operation of the modern criminal justice system. particularly controversial mindset is reflected in the “Stop Snitching” an informant as: “One who informs against information another; esp., to one the who police confidentially supplies about a treatment”). crime, sometimes in I exchange believe for narrower term a the because reward limiting discussion or broader to special snitches concept may issue: obscure the is some complexities Blacks of appropriately the discourage any considered type criminal troublesome the justice to system. of alongside informing the and all types of informants may be Communal Consequences, Communal especially troubling that these harms disproportionately fall Black upon community, the specifically those individuals impoverished, high-crime neighborhoods. who dwell in urban, “Informers are a necessary evil”). evil”). “Informers necessary a are

http://www.refuseandresist.org/big_brother/020699maj398.html. http://www.refuseandresist.org/big_brother/020699maj398.html. E I Consequences E documented a host of mischiefs bred by dependence on snitches. 2013] 2013] “Young generations of African-Americans, unmindful of their legacy of resistance against the slavery system, don’t understand not cool.” that snitching is D of the necessity Prosecutors of informants); Rick Hampson, actually receive a government-conferred benefit incriminating information. in I use the exchange broader terms “inform” or for “informant” or “informing” providing for officials those who with provide information regardless of benefit, bystander and victim-witnesses. thus including snitches as well as Government officials claim snitches effective are necessary for crime-fighting. efficient and 34609-mqt_97-2 Sheet No. 38 Side A 03/17/2014 11:30:34 03/17/2014 A Side 38 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 38 Side B 03/17/2014 11:30:34

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ET , T , (CBS television broadcast Apr. 22, 2007), 22, Apr. , broadcast (CBS television C , Mar. 23, 2008, at 3 (“I come from the hip- L

, video: “The people in this documentary are are documentary this in people “The video: Damned If You Do. Damned if You Don’t OLICING IMES P T

UTLER B video and ethic, and spread of the motto); motto); the of spread and ethic, and video http://www.fbi.gov/baltimore/press-releases/2010/ba http://www.fbi.gov/baltimore/press-releases/2010/ba , N.Y. REAKING REAKING THE AUL RIENTED RIENTED B Stop Stop Snitching

: O , P

. (Skinny Surge Records 2004). Subsequently, the federal The Story of a Snitch , http://www.popmatters.com/pm/column/hill060224-1/ (last , http://www.popmatters.com/pm/column/hill060224-1/ MARQUETTE LAW REVIEW LAW MARQUETTE

’ MTY available at Communal Consequences, Communal 60 Minutes: Snitchin’ 60 Stop ‘Snitching’ ‘Snitching’ Controversy Goes Well Beyond ‘Melo C In its strongest form, the expression prescribes that that prescribes expression the form, strongest its In ) 2/15/2014 See, See, e.g. 9 http://www.cbsnews.com/stories/2007/04/19/60minutes/main2704565.sht HENOMENON A Snitch Like Me ELETE

P NITCHIN D 10 S OTEBOOKS Stop Fucking Snitchin’ FFICE OF OT N 68 (2002) (“[I]nformants (also known as snitches) who agree to plead guilty N O note 7 at 88;

O http://www.theatlantic.com/magazine/archive/2007/04/the-story-of-a-snitch/305703 http://www.theatlantic.com/magazine/archive/2007/04/the-story-of-a-snitch/305703 Touré, Touré, Jeremy Kahn, Kahn, Jeremy Tom Farrey, (D

81–82 (2009) (distinguishing between snitches and witnesses); H witnesses); and snitches between (distinguishing (2009) 81–82 UCKIN NITCHING NITCHING F . See supra -10 note 3, at 31 (“All people who are sources of information, generically, and in the broad S . See . See . See 8 7 10 9 Widespread awareness of the Stop Snitching idiom has provided a ENERATION ARBERSHOP ENNIS TOP TOP USTICE (describing the Release, U.S. Atty’s Office, Produced E. “Stop Shore Snitching” TTP Videos Sentenced Leader to Activities 25, (June 2010), & Lengthy Balt. Prison Terms TTP for Bloods Racketeering producer). video of prosecution the (describing 062510.htm Member Who S platform for robust debate—publicly and within the Black community— visited Jan. 2, 2014). community residents—law-abiding or information to otherwise—refuse government authorities to for criminal provide investigations prosecutions. and S available at government prosecuted a primary participant in the film on racketeering charges. Among scholars and the general public, there is no uniform agreement on the meaning meaning the on agreement uniform no is there public, general the and scholars Among or use of these terms. J G 282 282 ethic revealed by recording the filmed 2004 in a publication Baltimore of City an neighborhood. underground video D “campaign urging people to ‘stop snitching’ they when witnesses are to, or victims of, crime”); Kahn, crime, you do the time.”). time.”). the crime, do you hop generation, in which snitching against a black person is treason.”). is treason.”). person black a against snitching in which hop generation, http://sports.espn.go.com/nba/columns/story?columnist=farrey_tom&id=2296 (Jan. 2006), 18, 590 (quoting the producer of the referring to fellow criminals who snitch. And they’re saying, stop doing that. You did the and testify as Natapoff, .”); . . . leniency government witnesses in exchange for special considerations, including Snitching is often associated generally with urban or hip-hop culture. supra sense of the term, could be referred to as informers.”); B The contours of the credo are debatable. At a minimum, Stop Snitching dictates that those engaging in criminal behavior not incriminate others engaging in crime. transcript available at ml (“‘Stop snitchin’ crime.’ . . [I]t . once has come to mean something much more dangerous: ‘don’t cooperate with the meant ‘don’t are.’”). you who matter police—no tell on others if you’re caught committing a work to criminal informants who receive a providing government-conferred information); benefit Marc in Lamont exchange Hill, for B 34609-mqt_97-2 Sheet No. 38 Side B 03/17/2014 11:30:34 03/17/2014 B Side 38 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 39 Side A 03/17/2014 11:30:34

, E PM OP

, 49 W H 4:38

IP IP HAT W , H A Snitch in OVEMENTS It has has It 11 M Anti-Snitching AND ND — E note note 10, at 14; Ronald , June 16, 2006, at A2 EAD MERICA D

, A supra supra ., AZETTE Bret Bret D. Asbury, -G 283 283 LACK EADERS B ERVS S OST L note 8 (describing a Black journalist’s journalist’s Black a (describing 8 note P , Aug. 19, 2007, at B2. B2. at 2007, , 19, Aug. Within the Black community, community, Black the Within 12 OST supra HONY P

. 1257 (2011). 1257 . (2011). . P See generally OLICING P EV HE ASH R NDERMINING NDERMINING

T ITTSBURGH ITTSBURGH

U : W L.

’ . , , P R RIENTED A SNITCH IN TIME IN A SNITCH O NOUGH

, 89 O , note 6, at 79–100 (summarizing the debate surrounding . E Lessons of Disloyalty in the World of Criminal Informants note 6, at 85–87, 95–96, 98–100 (describing contested views

, In response, their adversaries point to the litany litany the to point adversaries their response, In note note 6 (describing the complexity underlying the Stop Snitching 14 MTY

C 13 supra ) 2/15/2014 supra

, , supra ILLIAMS AILURE THAT ARE . 1493, 1513–18 (2012). 111–18 (2006) (decrying the growth of the Stop Snitching movement for for movement Snitching Stop the of growth the (decrying (2006) 111–18 F (Dec. 14, 2005, 12:24 PM), http://hiphopsports.typepad.com/hhsn/2005/12/ PM), 12:24 2005, 14, (Dec. ELETE W EV D R UTLER UTLER FFICE OF OT

UAN N L. O B Michael L. Rich, Rich, L. Michael B O

BOUT IT Chuck Chuck D’s Christmas List: What I Should Want in HIP HOP 2006 . ETWORK A (D

N The Real Meaning of Meaning ‘Snitching Real The O RIM ULTURE OF . See . See . See . See -10 D C C and protect the people sometimes and not contribute to genocidal systems. genocidal to contribute not and people sometimes and the protect Rap is bridging jail mentality straight into the middle overdosing. schools There’s via a big anti-snitching radio thing moving and in the video hoods of America, but dig this—the term ‘snitch’ was best applied to those that ratted revolutionaries like Huey P Newton, Bobby Seale, Che Guevera to the fascist governments during the 60’s and 70s. Let’s not let stupid cats use hip hop to again twist this meaning for the sake of some ‘innerganghood’ violent drug thug crime dogs, who’ve black sacrificed community’s the women and children. Not the and . same . . rap needs to speak 14 Some proponents and opponents of informing make arguments 11 12 13

. M K M AN ENNIS PORTS C Y reflecting modern-day practical concerns. argue that it is necessary Advocates to prevent for and solve crime, informing crime particularly drug and Black-on-Black understandable in crime, light of the extreme and criminal penalties faced by that one who does not inform. choosing to inform is professor, and advocating for noncooperation in some instances); Tony Norman, Time Sometimes Saves Me and Mine within the hip-hop community and regular citizens from the perspective of a Black law attracted the attention of legal scholars. entertainers, journalists, public intellectuals, and academics contributed have their also viewpoints either for or against broadly, informing. snitching and, more S AND C

2013] 2013] on snitching and informing. Citizens from widely varying walks of life have weighed in on Stop Snitching. Local community residents directly affected by informing and government officials those charged with communities policing have made known their perspectives. D Chuck Chuck D, informing); J (describing a black journalist’s account of personal and communal debates over snitching in the context of raising three Black sons); Touré, personal, internal debate neighborhood); Hill, over calling mantra from the perspective of a Black education professor). Iconic rapper Chuck D publicly police about a stated: crack house in his Brooklyn its increase in Black its crime). increase Black in Moten, chuck_ds_christ.html. chuck_ds_christ.html. A Norms and Loyalty Community 34609-mqt_97-2 Sheet No. 39 Side A 03/17/2014 11:30:34 03/17/2014 A Side 39 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 39 Side B 03/17/2014 11:30:34

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116– AN AN C Y ,

LACK 4:38

B 13, 97 G.I.I.F.T. Communal Communal 108–09,

ILE ON OUGLASS LASSICS F D C 104–06, (Feb. 26, 2010), 2010), 26, (Feb. Natapoff,

note 1 (citing examples ECRET S Quite pointedly, note 10, at 3, 20–21 (citing S 19 [97:2 [97:2 MERICAN supra REDERICK During these “wars,” “wars,” these During CHOLAR F FBI’ 17 S -A supra supra ., HE note 2, at 69, note 2, at 128 (“Inner-city America note 2, at 128; T

LAY ”: FRICAN ERVS C IFE IFE OF note 2, at 646, 688, 690–92. S A supra L supra supra supra supra

. 1145, 1147 (2009) (“Within the criminal , , ,

ED 18 EV ATTERS supra

R

M ARLY ARLY , R note note 11; Abu-Jamal, OLICING L.

E P .

ACIAL NFORMANTS RIM NFORMANTS NFORMANTS supra 15 I I I C

. , “R M RIENTED O reprinted in Collateral Damage? Juvenile Snitches in America’s “Wars” on

ARRATIVE OF THE . EILLY N MARQUETTE LAW REVIEW LAW MARQUETTE RIMINAL RIMINAL RIMINAL RIMINAL RIMINAL , 46 A

, C note 6, at 99 (citing the use of an informant to uncover Denmark

MTY , C , , C ) 2/15/2014 O’R C at 261, 267 (1989). (1989). 267 261, at

note 2, at 692. Communal Consequences, Communal (1845), (1845), ELETE supra

, D OUGLASS ATAPOFF OT ATAPOFF ATAPOFF ENNETH supra supra LAVE , D FFICE OF N S K N N N O O

UTLER , 1960–1972, (D

. See . See . See . See -10 19. B 16 America’s history of criminal justice enforcement of and within the 17 18 15 Reversing course in time, the Black American experience during 129–34;

MERICAN MERICA ENNIS REDERICK American Civil Rights seeded Movement, Black communities the with confidential United informants monitor and instructed States report to on the government activities famous of movement and participants—both ordinary—as well as to act as agents provocateur. Black community—both recent and rationale centuries for some Black Americans who oppose informing. During old—provides the another (Anthony Appiah ed., 1990)) (discussing Frederick Douglass’ unwillingness to reveal how he slavery). escaped a community activist’s opinion that an unfair criminal justice system discourages cooperation, this report was funded by the Services); Natapoff, U.S. Department of Justice Community Oriented Policing Consequences slavery also offers a rationale against informing. Vesey’s slave rebellion plot); Moten, of slave rebellions and revolts that failed because of snitches); Regina N. Bradley, (Get It In Friday Thoughts) Vol. I has been living with drug informants years.”); for Andrea the L. Dennis, duration of the war Drugs, Crime, on and drugs—over Gangs twenty state and federal governments have relied heavily on criminal suspects, jailhouse informants, and street-based confidential informants to police communities, particularly Black ones. A A

284 284 of bad outcomes for already marginalized Black communities, including: unnecessary and disproportionate incarceration of Black men; increased crime; government convictions; individual and abuses communal intimidation and retaliation that such the government is unwilling or unable to and prevent; a fractionated and as suspicious Black community. police brutality; unreliable D http://redclayscholar.blogspot.com/2010/02/giift-get-it-in-friday-thoughts-vol-i.html http://redclayscholar.blogspot.com/2010/02/giift-get-it-in-friday-thoughts-vol-i.html F (citing 18, justice system, a vibrant snitching institution operates to assist the government in its ‘wars’ on drugs, crime, gangs.”). and Following on the heels of decades-old Wars on Drugs, the Crime, and Gangs. Civil Rights Movement are the now 34609-mqt_97-2 Sheet No. 39 Side B 03/17/2014 11:30:34 03/17/2014 B Side 39 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 40 Side A 03/17/2014 11:30:34 PM

4:38

BUSE OF A SE AND U 107–13 (1997). History History (1997). 107–13 note 1 (citing government

HE 20 T AW Professor Alexandra Alexandra Professor

Notwithstanding the the Notwithstanding L : 22 23 supra 285 285 note 13 (mentioning the impact of note 16, at 107, 224, 265–70, 274, 292, note 2, at 692. ATTING Thus, Black snitching and and snitching Black Thus, R note 10 (discussing the “Stop Snitchin’” supra 24

AND THE THE AND , , supra supra supra , , RIME LOOM C B

, EILLY

M. ACE R

, A SNITCH IN TIME IN A SNITCH OBERT note 6, at 99; Norman, note 1. note , R ENNEDY K ) 2/15/2014 Communal Consequences Communal supra

, supra supra ELETE See, e.g. D

ANDALL OT UTLER 21 N Natapoff, R B O see also 60 Minutes: Stop Snitchin’, supra (D

. See . See . See -10 Throughout the long, tortured centuries Blacks of in oppression America, against a special contempt who was reserved dared for those snitch people who made against their “livings” by selling out their own people, the endangered sending information to dreaded slave slave-catchers in the South, who community, used the infamous Fugitive Slave Act their fiendish clutches. escape those who dared to track and re-enslave 23 24. Generally speaking, scholars detailing the historical use of informants point to their 22 20. Abu-Jamal, 21 Legal scholars of informant law and policy tend to only modestly Thus, since its earliest days, the United States’ approach to policing M K ENNIS C Y use in ancient Enlightenment. Greek and Roman society, Biblical times, the Middle Ages, and community during the Civil Rights Movement. discuss historical aspects of the practice, even and these noticeably brief absent discussions from is with Black informing. Two America’s exceptions exist. Professor historical Randall Kennedy—in experience support of a larger work on regarding race and the criminal justice—wrote FBI’s briefly destructive use of informants in the Black Natapoff richly explored the harms Drugs, of particularly snitching for during the the Black War community. on Blacks’ alleged criminality was often predicated on using Black citizens to target other shockingly unfairly. Black And these Black citizens, policy experiences of are criminal sometimes justice claimed to fairly informing. have and bred deep sometimes distrust of government and 301, 306, 309, 334, 337, 346, 356. 337, 356. 346, 309, 334, 301, 306,

writings of Kennedy and Natapoff, at best, most informant law scholars have cursorily referenced the FBI’s Black use leaders of informants and to organizations investigate coincided during with the the Civil Vietnam Rights War era, era. which 2013] 2013] Mumia Abu-Jamal, journalist wrote: open this article, to inmate, who is quoted and former Pennsylvania death row D professor Kenneth O’Reilly informants in the Black documented community. O’R in painstaking detail the FBI’s program of activities Civil the during Rights Movement). slavery); motto and Blacks’ reluctance to talk to police); Abu-Jamal, 34609-mqt_97-2 Sheet No. 40 Side A 03/17/2014 11:30:34 03/17/2014 A Side 40 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 40 Side B 03/17/2014 11:30:34 M K PM LL

HE , at , 85 , 71 EAR A T C Y

Y : 12:31 This This

supra 25

, 60. Slavery

OLOR See generally C at IN THE THE IN , LOOM Id. , B OLLECTION OF C ATTER OF See, See, e.g. The Terrorist Informant M [97:2 [97:2 EGISLATURE EING A L B Agreements Agreements for Cooperation in

; (2002) (2002) (providing an overview of

N THE I

ARGE 1–6 ., L R (citing Act of with English Away Running J

, ESSION OF THE YSTEM at 34 S S note note 2; Wadie E. Said, Id. XIII. IRST IRST

TATUTES AT F S USTICE J at 6; Graham Hughes, HE IGGINBOTHAM . 1, 7–8 (1992) (surveying the history of agreements between between of agreements history (surveying the (1992) 7–8 . 1, at 20. By 1660, statutory law the of in colony 1660, Virginia By began at 20. amend. id.

H .

EV 2 T , Id. R

in MARQUETTE LAW REVIEW LAW MARQUETTE L. McCarthyism: McCarthyism: Political Repression and the Fear of Communism EON ONST FROM THE THE FROM

, . MERICAN MERICAN L C ) 3/10/2014

at 58. The other colonies followed Virginia’s lead. lead. Virginia’s followed colonies other The 58. at

A See, e.g. AND 20–22 (1978). In 1619, the first Africans arrived Virginia— in Jamestown, Africans the 1619, first 20–22 In (1978). ELETE supra D IRGINIA , V , 45 V , . 687, 715–38 (2010). 687, (2010). . 715–38 OT N ERIOD EV P O 1041, 1041, 1049, 1058, 1064 (2004). Finally, the present-day snitching institution in

R Communal Communal Consequences, supra .

(D

L. ES

AWS AWS OF . -10 at 26 (William Waller Hening ed., N.Y.C., R. & W. & G. Bartow 1823)). By 1705, R

L

25. The institutionalization of Black slavery gradually occurred over time through social This Article fills a gap in knowledge by sketching the socio-legal Part II describes Whites’ need for and cultivation of Black . ASH 81–92; 81–92; Ellen Schrecker, IGGINBOTHAM

OLONIAL ENNIS OC NFORMANTS IN THE to recognize life-long servitude by Blacks. THE between between the English and American legal systems, government-backed scholars describe system the of development of informants a American in colonies. England and translation to policing in the informing in a variety of historical contexts). Not surprisingly, given the historical connection Negroes, Act XXII (1660), C 1619, I 286 286 informing during slavery remain completely unexamined. This omission is striking in light of the centrality of slavery to the Black American and United States experience, historical justifications unwillingness offered to for inform, and Blacks’ the informing policies and practices on Black communities. disproportionate impact of modern creation, use, and regulation of during slavery and informants the Black community’s inresponse at that time. the Black community D continued in the colonies and then the states until the Thirteenth Amendment was ratified on U.S. 1865. December 6, relation to the War on Drugs Natapoff, and War on Terror has received treatment. informants informants and prosecutors in exchange for cooperation in criminal cases). Moving forward in the U.S. history timeline, the American government’s formal use of linked informants has historically been with post-WWI Bolshevism (the Red Red Scare), the Vietnam War Scare), era, and Mafia RICO prosecutions. McCarthyism (the Second Virginia had H formally and fully excluded Blacks from legal and social society. likely as servants. indentured legal sources from a variety of locales. referenced include The slave various codes, primary legislative sources and law, judicial and narratives. petitions, case The petitions and enslaved narratives as well as free Blacks, and Whites. are These first person accounts the products of are often profound and moving, thus at times these sources are heavily quoted. Secondary sources include academic works by historians—legal and non-legal—of slavery. informants who were vital to the White community’s prevention, Article proceeds in six parts, using primary and secondary historical and and legal means. A. Criminal Cases Criminal 7, S W 34609-mqt_97-2 Sheet No. 40 Side B 03/17/2014 11:30:34 03/17/2014 B Side 40 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 41 Side A 03/17/2014 11:30:34

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Part II also also II Part 26 Religious conviction conviction Religious 29 287 287 A SNITCH IN TIME IN A SNITCH ) 2/15/2014

ELETE 30 Part II.B. II.B. Part II.B. Part III. Part III. Part III.E. Part D

27 OT N O (D

. See infra . See infra . See infra . See infra . See infra -10 26 27 28 29 30 Part VI briefly defends domestic, or house, slaves who hold an Debates on informing commonly implicate questions of loyalty. In Blacks confronted with making a choice as to whether to inform M K ENNIS C Y was a circumstance. swing factor depending on the particular individual or This Part speaks to the allegation that domestic slaves frequently and ultimate betrayal by one Black person of another Black person; and (3) the claimed willingness of domestic owners slaves out to of freely misplaced loyalty. inform rejected the to legal Part their and socially IV based opportunities argues and inform. Such individual or communal response offered a means that to resist motivations to some Blacks White oppression and possible code build of silence, some Blacks group did inform on loyalty. other Part V Blacks, offers descriptions and of arguably the utmost form of betrayal—the Notwithstanding disclosure of information regarding a this slave rebellion or the location of a runaway slave. especially negative place in the mind of the modern Black community. so keeping, Parts IV through VI more related themes closely exposed examine in Parts three II and loyalty- III: (1) the creditable existence of what may be termed slavery; a (2) “code the of revelation silence” of held slave by rebellions Blacks during and runaways as the commonplace factors. Weighing in on the side of informing were loyalty loyalty informing were the side of on Weighing in commonplace factors. to owner, preservation of one’s life or status, communal self-regulation, attainment of liberty or criminal leniency, and financial reward. likely weighed multiple factors. Part III lists and exemplifies

2013] 2013] detection, investigation, and prosecution of Black misconduct affecting White communal or personal interests. Informants were used to police were and of offending behavior a wide assortment deemed helpful especially at preventing distinguishes among informants. and Some squelching information cooperators while merely rebellions. others provided actively assisted Whites misconduct. in regulating Black D Communal solidarity, resistance ethic, and fear of retaliation, as well as protection of others countenanced not informing. 34609-mqt_97-2 Sheet No. 41 Side A 03/17/2014 11:30:34 03/17/2014 A Side 41 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 41 Side B 03/17/2014 11:30:34 M K PM

C Y 4:38

32 [97:2 [97:2 MARQUETTE LAW REVIEW LAW MARQUETTE Black informants arguably also engendered engendered also arguably informants Black 31 ) 2/15/2014 ELETE Part VII. VII. Part VII. Part D OT N O (D

. See infra . See infra -10 The way in which Black people experienced informing during The Article concludes by mentioning future avenues of historical 31 32 Finally, in light of the reality that some Blacks did inform, Part VII ENNIS justifications for anti-cooperation today are sensible; whether the Black community should be demonized for holding any anti-cooperative ethic; whether Blacks—individually and communally—should or can endorse flush, answers to those matters are speculative. slavery is surely but one factor among a multitude of factors influencing modern Black Americans’ perspectives historical information herein on will be expanded informing. upon and then coupled with Ideally, information—extant the or to experience be discovered—regarding with the Black Reconstruction, informing Jim Crow, the Civil Rights Movement, and the War during on Drugs. other Black America’s experience historical during these times also both eras independent likely and cumulative force in has establishing modern attitudes such on as informing. facilitate Once nuanced complete, conversation this as to collective whether information historically should grounded inquiry on Black informing implications during of slavery the and informant law current ruminating and policy. on state This the Article normative of or prescriptive conclusions. does Thus, no opinion is not, offered as to knowledge however, offer any on whether Blacks contemporary should continue or history give more generally, to up support an anti-cooperative reliance ethic. Similarly, on slavery, whether and government officials should police cease employing Blacks informants because to informing throughout American history remains unresolved. of Until such the painful time as the historical experiences picture of the Black experience of with informing is Blacks with

288 288 unabashedly betrayed their fellow enslaved, sometimes for little benefit. Part VI concludes that while undoubtedly some house slaves did inform, entire it class is of unfair domestic to malign the slaves. describes the impact of surprisingly, informing informant betrayals on bred the which distrust Black are and community. posited disunity, as both modern-day Black of Not consequences community. of informing in the D rebellious misconduct forWhites. exposed to fear of being inaction among slaves who might have been reluctant to engage in 34609-mqt_97-2 Sheet No. 41 Side B 03/17/2014 11:30:34 03/17/2014 B Side 41 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 42 Side A 03/17/2014 11:30:34 PM

. 233, 4:38

EV R

. IST H

& AW AW , 31 L 289 289 NFORMANTS I note 19. note LACK B supra OR F A SNITCH IN TIME IN A SNITCH

33 Introducing Introducing Applied Legal History EMAND note 13; Bradley, Bradley, 13; note D ) 2/15/2014 HE T supra supra

ELETE II. D OT N Norman, Alfred L. Brophy, Brophy, L. Alfred O Also, even if marginalized, Blacks currently receive receive currently Blacks marginalized, if even Also, (D

34 . See . See -10 33 34 Slave owners, and Whites more widely, needed Black informants to Unquestionably, Unquestionably, obvious and significant differences between the In light of these dissimilarities, concluding that no comparison can or M K ENNIS C Y helpful to Whites, but Whites also benefited from the active Blacks efforts of to police other Blacks. Governments promoted informing by protect personal and communal interests institution of as slavery. well Information as about to the misdeeds preserve of the Blacks was

dealer. 2013] 2013] informing; and how current policy should respond in light of the Black community’s viewpoints. Black community’s position in today’s society and serve during to slave undermine times reference to informing. Most apparently, Blacks slavery today are not slaves and so they are as a rationalization for not not focused on the collective humanity. Relatedly, informing on fellow slave subjects poses most basic recognition greater of moral their individual dilemmas and than informing on a neighborhood drug D offers a sounder position from which to understand the modern community’s Black ambivalence regarding informing. drawing normative Thus, conclusions or even offering without prescriptive Article solutions, this importantly contemporary advances Blacks promotion of may informing, our which in turn, at distrust a our response. understanding minimum, may undergird informants as and to government why significantly more social and Finally, during slavery, legal the prime beneficiary protections of law and than legal policy— including during that related slavery. to informants—was White informants society, currently while are Black credited with benefiting particularly Black those communities, besieged by distinctions surface; certainly, more may crime. be touches offered. the This non-exhaustive list only and in the past and positions today experiences should be made between is tenable. On the other hand, drawing a line from recovering past to the present by experiences of slave and free Blacks with informing 233 (2013) (describing applied legal history as “deeply researched, serious scholarship that is issues”). contemporary to with, speaks or engages motivated by, 34609-mqt_97-2 Sheet No. 42 Side A 03/17/2014 11:30:34 03/17/2014 A Side 42 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 42 Side B 03/17/2014 11:30:34

, , . 2 at M K PM

, 71 in e.g.

C Y ONST 4:38

C See, Where Where TO THE THE TO

. LAVERY 37 S note note 36, 1700–1872, 143 (5th ed. ed. (5th 143 TATUTES ON AWS OF THE 1775, L Toward a New ]. Slaves could supra ASTINGS ASTINGS 2 S 2

, IN IN YSTEM , in (June (June 7, 1806), S

note 25, at 9; Joseph EVOLTS R , 22 H § 16 TATUTES ON LAVERY at 438. The defendant defendant The 438. at S EGAL LAVERY supra L

S 2 S note 35, at 157–66 ROVINCE Id. It is highly likely, likely, highly is It , [97:2 [97:2 ODE LAVE P 35 in IGEST OF THE S C D , 426, 430–31 (Horatio Marbury & supra supra in LACK EGRO RITISH MERICAN B B N § 15 (June 7, 1806), TATUTES TATUTES ON A ]). During slavery, legislatures enacted TATUTES ON IGGINBOTHAM ODE NCLUSIVE I 2 S

C H at 438–42. 438–42. at in Zimmerman, Zimmerman, EORGIA MERICAN See OUISIANA § 16 (June 7, 1806), AND THE THE AND G , 1880, L A at 439. Though the issue was not resolved by the the by resolved not was issue the Though 439. at

LACK See , B Id. ACE See ODE R C

, ETTLEMENT AS A S TATE OF S PTHEKER See generally id. generally See LACK SSEMBLY SSEMBLY IN action. action. A B OUISIANA A at 436. Though an “informer” is competent to be a witness, the the witness, a be to competent is “informer” an Though 436. at MARQUETTE LAW REVIEW LAW MARQUETTE § 5 (June 7, 1806), LAVERY S

Id. : ROM ITS ) 2/15/2014 F

ODE qui tam , C ERBERT Toward Toward a More Humane Oppression: Florida’s Slave Codes, 1821–1861 ENERAL ELETE AWS OF THE OUISIANA at 50. Slaves could not offer evidence or testimony against Whites, only D G L

, H LAVERY S OT Possibly, free Blacks or other non-Whites could be “informers” in order to LACK N EORGIA B

Marvin v. Trout, 199 U.S. 212, 225 (1905) (“Statutes providing for actions by a a by actions for providing (“Statutes (1905) 225 212, U.S. 199 Trout, v. Marvin Q. 324, 324 (1993). Within these slave codes are informant provisions. O supra Instead, legislatures enacted distinct code provisions allowing allowing provisions code distinct enacted legislatures Instead, G

. , 36 (D

IST . See . See, e.g. at 50. -10 H

81, 157–67 (1994) (describing the history of informers in England and the United States). United the and England in of history informers the (1994) (describing 81, 157–67

36. Statutory language was not clear as to whether slaves and free Blacks could be 35 37 . IGEST OF THE ENNIS OUISIANA OUISIANA LA TATE OF ESSION OF THE TATUTES ON LAVERY Conan Conan Thompson, F 1983) (citing An Act for Establishing a Ordering Jurisdiction for and the Governing Trial of Slaves Offences Committed Persons within by Therein Mentioned, and Such to Prevent the Slaves, This Inveighling, and Carrying and Away Slaves from Other Province, and for Their Masters, Owners, or Employers, 13–14 §§ (1770), conclusion is not forgone. In a civil case, a White property owner argued that not be Blacks “informers.” Ruth v. could Maryland, 20 Md. 436, 438 (1864). A free Black property owner filed suit concerning the destruction by a neighboring White owner of a tree alleged to be on the plaintiff’s property. maintain maintain the distinction between slaves and all others; yet, case law suggests that such a L “informers” (i.e., private prosecutors). slaves in limited circumstances to be compensated for informing. circumstances to be compensated slaves in limited S S statutes called Slave Codes (or occasionally Black Codes) designed to legally effectuate total the submission of slaves to their owners. L.Q. at 47, 50 (Paul Finkleman ed., 1988) [hereinafter 2 S S supra 290 290 Blacks. State “informers” who codes acted expressly as private authorized prosecutors. legislatures to reward D 54–55. not legally own property. L William William H. Crawford, eds., Savannah, Seymour, Woolhopter & Stebbins 1802) D [hereinafter S against Blacks. L though, that Blacks were not eligible for these “informer” rewards, only Whites. given by statute, have been in existence for hundreds of years in England, and in this country ever since the foundation of our Government.”); Vision of Informants: A History of Clifford Abuses and Suggestions for Reform S. Zimmerman, common informer, who himself had no interest whatever in the controversy other than that defendant argued that a negro, “free or slave,” could not be an incompetent “informer” because to he was testify (presumably against a further argued that a White slave could not be an “informer” person). because he could not own a boundary and cannot initiate a court, the case provides some sense of the tenor of the argument as to whether a slave or free “informer.” an be could Black White misconduct was at issue, courts would have been highly unlikely to interpret statutes to allow slaves to collect these rewards. 34609-mqt_97-2 Sheet No. 42 Side B 03/17/2014 11:30:34 03/17/2014 B Side 42 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 43 Side A 03/17/2014 11:30:34

, 7 39 PM

See See in OLL HILD 1741: 4:38 R C

, ]. ORN A B

., ENOVESE R G J Additionally, Additionally,

ONSPIRACY OF

, 40 C

D. AROLINA 41 C ONES J ORK

Y T. OUTH UGENE S EW 291 291 N ORRECE REAT 420, 420, 422 (David J. McCord ed., Columbia, ARGE OF G L HE T

, 74–76 (2003). (2003). 74–76 AROLINA AROLINA C OFFER AW note note 38, at 599; N TATUTES AT AT TATUTES H L A SNITCH IN TIME IN A SNITCH note note 37, at 63 (citing a letter from Martha L. Nelson to note 37, at 63 (citing a letter from Martha L. Nelson to OUTH S supra

A. Necessity of Informants , Consequently, the necessity for protection of of protection for necessity the Consequently, 189–90 (1990). (1990). 189–90 38 HARLES supra supra OLONIAL OLONIAL

C , , C ) 2/15/2014 LAVE S ARGE OF ENOVESE L ETER ELETE AND , D , An Additional and Explanatory Act to an Act of the General Assembly of , G , P ET A ET 599 (1st ed. 1974). PTHEKER PTHEKER at 63. She wrote: She wrote: Y OT

, 43 A N id. RIME A

O OLL C

, For example, Martha L. Nelson, a slave owner, wrote her state state her wrote owner, slave a Nelson, L. Martha example, For R

(D

, 42 . See, e.g. . See . See . See, e.g. . See . See, e.g. -10 TATUTES TATUTES AT S [He] would inform on the negroes, as soon as any white person would, if he knew or suspected anything among them . . wrong . I am almost a maniac from the loss of sleep, now was plan[n]ing in the dept[h] of night I write, beseeching you to pardon my Because slaves could attack or kill their owners, owner awareness of REEDOM Whites relied on informants out of necessity. Because Whites were

39 38 42 41 43 40 M K F at 63 n.27. 63 at ENNIS HE LAVERY C Y ORDAN outsiders to the slave community, and thus not personally privy to inner workings the of that community, detection and investigation of much slave misconduct information from slaves. If Whites were unable access to such otherwise would have secreted information, their personal been safety, communal safety, financial interests, nearly and ultimately impossible the institution seriously threatened. of without slavery would have been White interests was the driving factor respecting the types of offenses or misconduct meriting societal endorsement of slave informing. Governor Henry Wise seeking a pardon of her slave). Nelson’s request was unsuccessful. slave). unsuccessful. Nelson’s request was Wise pardon of seeking a her Governor Henry Governor Henry Wise seeking a J pardon of her slave); E S 2013] 2013] D A.S. Johnston 1840) [hereinafter 7 S [hereinafter 1840) Johnston A.S. informing was necessary to protect financial interests. what was happening among their slaves was a vital preventive measure. Some owners were desperate for information to protect their personal safety. Governor seeking her informant. slave’s pardon because he was a valuable OF id. Commonly, Whites sought slave informants offenses to that detect could and result prosecute in the loss of White lives. Amended by This Present Act, for the Term Therein Mentioned, no. 790, § VII (1751), T This Province, Entitled “An Act for the Better Ordering and Governing Negroes and Other Slaves in This Province;” and for Continuing Such Part of the Said Act as Is Not Altered or 34609-mqt_97-2 Sheet No. 43 Side A 03/17/2014 11:30:34 03/17/2014 A Side 43 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 43 Side B 03/17/2014 11:30:34 7 ]; in M K PM

in 46 C Y TATE 4:38 S

EORGIA note 37, at G supra

, AW AW OF AWS OF THE L L PTHEKER [97:2 [97:2 A TATUTE 841 (William A. Hotchkiss ed., ed., Hotchkiss A. (William 841 note 37, at 426, 430–31). 430–31). 37, at 426, note IGEST OF THE see also

D 44 EORGIA supra supra in note 40, at 420, 423. 423. 420, at 40, note , G supra

, AW OF EORGIA L G note note 46, at 841; AROLINA C supra supra TATUTE , TATE OF S S MARQUETTE LAW REVIEW LAW MARQUETTE OUTH S ) 2/15/2014 EORGIA G note 37, at 426, 430–31). 430–31). 426, at 37, note note 37, at 143 (citing An Act for Ordering and Governing Slaves within ELETE AWS OF THE D

L ARGE OF In the 1770 and 1848 Georgia Codes, a slave who informed informed who slave a Codes, Georgia 1848 and 1770 the In (quoting a letter from Martha L. Nelson to Governor Henry Wise seeking a 47 OT supra L AW AW OF 45 , N supra L

, O (D ODIFICATION ODIFICATION OF THE

C . See id.

-10 EORGIA Every negro, mulatto, or information mustizoe, of the who intention of shall any hath furnished, procured or conveyed person, or of any slave that hereafter other slave give to poison any any poison to conviction be of administered the to receive offender from or any the offenders, public person, of shillings, be to be paid shall, him or this her by the entitled treasurer yearly province, and upon every a to reward year, during the abode such of negro, mulatto, or mustizoe in this and of twenty province, on the day that such discovery was made, and shall also be exempted from . . . . day the labor of his or her master on that servant . . . such such . . servant . a servant ought not to be sent away particularly times of insurrection.in these perilous In recognition of the concern for personal safety, legislatures—such 44 45. An Additional and Explanatory Act to an Act of the General Assembly of This 47. Criminal Law, Persons of Color, County and Regulations, tit. 2, ch. 34, art. 2(19), 1, § 46. Criminal Law, Persons of Color, County and Regulations, tit. 2, ch. 34, art. 2(19), 1, § TATUTE G 4 A PTHEKER IGEST OF THE S ENNIS TATUTES AT TATUTES as those in Georgia and South Carolina—enacted statutory provisions rewarding slaves who provided information slaves. South regarding Carolina’s 1751 poisonings Code provided a by four-pound reward for information regarding the attempt to poison an owner that resulted conviction. in Carrying Away Slaves from D Their Masters, Owners, or Employers, 13–14 §§ (1770), A This Province, and for Establishing a Jurisdiction for Such the Slaves, Trial and of Other Offences Committed Persons by Therein Mentioned, and to Prevent the Inveighling, and

292 292 D death and on the day he received the reward was excused from work. the received the day he on death and about the poisoning of another received twenty shillings per year till Augusta, Charles E. Grenville, 2d ed. 1848) [hereinafter S OF pardon of her slave). of slave). her pardon Other and Slaves Negroes Entitled Act the Province, “An for Better and Ordering Governing in This Province;” and for Amended by This Continuing Present Act, for the Term Such Therein Mentioned, no. 790, § VIII (1751), Part of S the Said Act as Is Not Altered or 143 (citing An Act Establishing a for Jurisdiction for Ordering the Trial of and Offences Committed Governing Persons by Therein Mentioned, and Such to Prevent the Slaves, Slaves Inveighling, and Carrying and Away Slaves from Other within This Their Province, Masters, Owners, or Employers, 14 § and (1770), for in in 34609-mqt_97-2 Sheet No. 43 Side B 03/17/2014 11:30:34 03/17/2014 B Side 43 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 44 Side A 03/17/2014 11:30:34 PM

4:38 50

RESIDENT AND RESIDENT RESIDENT AND P P Race, Slavery, and Race, Slavery, and and Slavery, Race, ]. TO THE THE TO . TO THE THE TO . Additionally, if the the if Additionally, 49 ETITION 293 293 microformed microformed on microformed on P

. UMBEE ET AL ILSON ILSON ET AL C (1803), (1829), C W M Henrietta reported what she heard heard she what reported Henrietta 51 ILSON ET AL ET ILSON OHN W J OHN J AROLINA AROLINA AROLINA C C Race, Race, Slavery, and Free Blacks: Petitions to Southern OHN ROM F A SNITCH IN TIME IN A SNITCH OUTH OUTH S S For his efforts, ninety-two community members members community ninety-two efforts, his For 48 ETITION FROM ETITION ) 2/15/2014 P

P 54 ENATE OF ENATE OF microformed microformed on S S ELETE D Some of the slaves conspired to kill the White men and and men White the kill to conspired slaves the of Some 55 Because of her “fealty” and need for protection, six six protection, for need and “fealty” her of Because OT 53 N O

Because of her informing, “[B]lacks were very generally generally very were “[B]lacks informing, her of Because EGISLATIVE EGISLATIVE 52 (D

. Id. . Id. . Id. . Id. . Id. -10 52 53 54 55. Petition to the Court of Pleas for Wake County, North Carolina from Allen Rogers Third, a slave named Monday, several other slaves, and three White 49 50 51. L 48. L Second, a slave named Henrietta overheard a slave named Charles White communities sought state-based rewards for slaves whose M K EMBERS OF THE EMBERS OF THE ENNIS C Y men, who were selling the slaves as part of an estate sale, were traveling in Georgia. conspiring to start an insurrection. informing efforts protected the White community’s safety by preventing slave insurrection. The following are descriptions from three legislative or judicial petitions filed by Whites seeking rewards for slave informing. First, a slave named alleged plot by Abram, Blacks to “massacre” Whites in ownedthe community, thereby by William preventing Kirk, the revealed insurrection an (allegedly) involved. and resulting in punishment of those to her owner, Ann Paisley. Charles was thus arrested, and upon being confronted with Henrietta’s information, he confessed, implicating other Blacks. loss of Henrietta. excited” against Henrietta and one even execution. attacked her, leading to his members of the community petitioned the legislature to free Henrietta and her child, provide Paisley a stipend, and indemnify Paisley for the M M 2013] 2013] D & Henry Moring, County Courts, 1775–1867, at Series 2, Part D, Reel Am.). Publ’ns of 1, Frame 0043, PAR 21200014 (Univ. meritorious conduct,” “fidelity and services.” petitioned the South Carolina Senate to reward Abram for his “highly Free Blacks: Petitions to Southern Legislatures, 1777–1867, at Series 1, Reel Am.). Publ’ns (Univ. of 9, Frame 0019 Senate determined to emancipate Abrams, the petitioners Kirk be compensated “handsome[ly]” for the loss of Abram’s labor. asked that Free Free Blacks: Petitions to Southern Legislatures, 1777–1867, at Series 1, Reel 10, Frame 0527 (Univ. Publ’ns of Am.) [hereinafter J [hereinafter Am.) Publ’ns of (Univ. 34609-mqt_97-2 Sheet No. 44 Side A 03/17/2014 11:30:34 03/17/2014 A Side 44 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 44 Side B 03/17/2014 11:30:34

62 M K PM

C Y ARGE ARGE 4:38

L L note 25, at supra

, TATUTES TATUTES AT TATUTES TATUTES AT S S

7 7 Having armed armed Having 56 As a result, the the result, a As in in 59 [97:2 [97:2 IGGINBOTHAM H see also All of these behaviors by slaves resulted resulted slaves by behaviors these of All 63 Second, slaves would “steal” the owner’s owner’s the “steal” would slaves Second, 61 note 38, at 599. at 38, 599. note note note 40, at 365, 367; note 40, at 365, 367). 367). 365, at 40, note MARQUETTE LAW REVIEW LAW MARQUETTE supra

, ) 2/15/2014 supra 64 supra , , ELETE He refused to join, whereupon the conspirators tried to to tried conspirators the whereupon join, to refused He D They were unsuccessful and Monday managed to run and and run to managed Monday and unsuccessful were They 57 58 at 620–21. 620–21. at 653. 648, at OT ENOVESE N

AROLINA AROLINA G O

60 C C (D

Id. Id. Id. Id. Id. . See . See id. . See id. -10 stolen goods sold to any white person by any negro or slave, and if upon search, by virtue of a warrant from the said said goods justice, the shall be found and proved negro to be so or stolen, the slave said offending, the sum so of two pounds, over and above the penalty by informing, shall law appointed. receive from the person [A]ny negro or slave shall inform any justice of the peace of any Not only did Whites concern themselves with personal and 61 56. 57. 58. 59. 60. 62 63 64. An Additional Act to an Act Entitled “An Act for the Better Ordering and OUTH OUTH S S ENNIS maximizing their financial interests, and slave informants were able assist to with this concern as well. three Slaves ways. “stole” First, from slaves would their “steal” masters the owner’s in personal including property, food and tools. communal safety, White slave owners worried about protecting and in the reduction of the owner’s financial financial losses, interests. South To Carolina combat rewarded these goods: information regarding stolen those slaves who provided silence him. OF OF

294 294 any slave who would not join the conspiracy. D rights to the slave’s physical labor malingering, stalling, or or preventing reproduction, another from working by, to capacity. for example, petitioner—one of the saved Monday. men—asked the court to emancipate themselves to carry out the plan, they awakened Monday involvement. to enlist his tell of the plot, saving the White men’s lives. Governing Negroes and All Other Slaves,” no. 344, VIII § (1714), Finally, at the extreme, slaves would “steal” themselves by running away would “steal” themselves by running extreme, slaves Finally, at the or assisting other runaways. 173 (citing An Additional Act to Governing Negroes and an All Other Slaves,” no. 344, Act VIII § (1714), Entitled “An Act for the Better Ordering and 34609-mqt_97-2 Sheet No. 44 Side B 03/17/2014 11:30:34 03/17/2014 B Side 44 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 45 Side A 03/17/2014 11:30:34

72 PM

12:31

Id.

68 TATUTES AT TATUTES TATUTES AT S S

7 7 in in 295 295 , a slave owner used one of his slaves to note 40, at 352, 362 (stating that any slave who The court held that the defense was not not was defense the that held court The 73 note 40, at 343, 345 (stating that if a slave were to “take Similarly, owners were interested to know know to interested were owners Similarly, 66 supra supra A SNITCH IN TIME IN A SNITCH , supra

, Also, if a White overseer had bad business business bad had overseer White a if Also, The owner also gave his slave money to make the the make to money slave his gave also owner The note 38, at 625–27. at 625–27. 38, note 67 70 ) 3/10/2014 AROLINA supra C

AROLINA , C ELETE D Harrington v. State at 17–19. Owners used slaves to inform on overseers with bad business business bad with overseers on inform to slaves used Owners 17–19. at

OT OUTH The transaction occurred and the defendant was charged charged was defendant the and occurred transaction The N S OUTH 71 O 238. at 243. at S

ENOVESE The slave owner orally gave permission to his slave to purchase purchase to slave his to permission gave orally owner slave The 65 (D

Harrington v. State, 36 Ala. 236, 239, 243 (1860). (1860). 243 239, 236, Ala. Harrington 36 v. State, 69 . See id. . See id. . . Id. . Id. . Id. . Id. -10 [A]n experiment to detect a violation of the law. delivery The of money to a slave, master’s with instructions to buy liquor from 66. G 65. An Act for the Better Ordering of Slaves, no. 57, VI § (1690), 67 68 69 70 71 72 73 Finally, the formal criminal justice process presented means for a As an interesting aside, even without government sanction, owners M K ENNIS ARGE OF ARGE OF C Y purchase. delivered delivered a runaway to the owner or master of the slave would receive twenty shillings from the owner or the marshal). if a White overseer too harshly punished a slave, thereby preventing slave a from working. slave owner to prevent other Whites from interfering with the owner’s interests. In detect another White community member’s illegal behavior concerning slaves. up any runaway, he or she shall Ordering have and the Governing of whole Negroes and benefit Slaves, no. thereof”); 314, § An XXVI (1712) Act for the Better with distributing alcohol to a slave without written owner permission. L L 2013] 2013] States also rewarded slaves for turning in a runaway. For South example, in Carolina, a slave who money. informed on a runaway slave received D acumen, inflicting overly harsh discipline, and committing crimes against the owner. crimes committing and against owner. the discipline, inflicting harsh acumen, overly sought informants to protect owner their would want a personal slave to reveal financial an assault on interests. another slave, might which reduce productivity. An acumen or committed crimes against provide such information. slave would a owner might hope that the owner (such as theft), the given permission for the sale. In her defense, the defendant argued consent, i.e., that the owner had available when the consent is: when available alcohol from an individual the owner alcohol to his slaves. suspected of unlawfully selling 34609-mqt_97-2 Sheet No. 45 Side A 03/17/2014 11:30:34 03/17/2014 A Side 45 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 45 Side B 03/17/2014 11:30:34 , M K PM

C Y 4:38

111, 222–24. 222–24. 111,

In her her In 78 Fall 1988, at 55,

(L. Maria Child , IRL G note 19, at 19, note EGACY , L [97:2 [97:2

LAVE Passive informants informants Passive supra supra

S 74 , 75

LASSICS 79 IFE IFE OF A C L Incidents in the Life of a Slave Girl MERICAN MERICAN -A NCIDENTS IN THE FRICAN Harriet Ann Jacobs, c. 1813–1897 I

A , MARQUETTE LAW REVIEW LAW MARQUETTE note 41, at 127. 127. at 41, note ARLY ARLY ) 2/15/2014 ACOBS J B. Mere Informants and Active Agents E

supra

A. , ELETE Desperate to locate her, he resorted to soliciting soliciting to resorted he her, locate to Desperate D 77 OT ONES N Over the many years she hid away, Jacobs’ owner attempted attempted owner Jacobs’ away, hid she years many the Over Jean Fagan Yellin, Yellin, Fagan Jean J 76 O

222. at reprinted in reprinted ARRIET (D

. See . Id. . See . Id. . Id. -10 York to a colored woman, who had been born and raised in our neighborhood, and had breathed his contaminating atmosphere. He offered her a reward if she could find me. out I [anything] know about not what was the nature of after started her for reply; New York but in he haste, saying soon to his family that he had business of importance to transact. I [Harriet Jacobs] learned that the doctor had written to New a person whom he suspects of having unlawfully sold slaves for the liquor purpose of detecting to the offender, does not excuse money. to the slave for such the sale of liquor 76 77. H 74 75 78 79 Rebellions too were betrayed by the simple act of a slave telling The passive provision of information was the bane of many a Evidence firmly reveals that owners received incriminating ENNIS to find her. ed., 1861), ed., 1861), many or few facts. Well-known rebellions planned by Denmark Vesey and Gabriel Prosser were undone by slave informants and so too were that some slaves went a step further and actively assisted in uncovering or rectifying slave misconduct. runaway slave. Numerous examples of slaves revealing to location of a owners runaway can be found. the written by Harriet Jacobs using the pseudonym of Linda Brent, is “the most comprehensive slave woman.” narrative written by an Afro-American autobiography, Jacobs writes of one such instance: 296 296 merely provided information that facilitated the detection, investigation, or punishment of misconduct. Information also demonstrates, however, D information from other Blacks as to her whereabouts. 55–58. information from Blacks about other Blacks. 34609-mqt_97-2 Sheet No. 45 Side B 03/17/2014 11:30:34 03/17/2014 B Side 45 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 46 Side A 03/17/2014 11:30:34 PM

LACK Race, 4:38

B RESIDENT P ISTORY ISTORY OF H TO THE THE TO

. A

microformed microformed on : While on the run, run, the on While 82 ET AL ET .

R 81 J (1824), (1824),

297 297 AYFLOWER M AGRANT AGRANT Such revelations naturally led led naturally revelations Such 80 M AROLINA C OHN

J EFORE THE 90 OUTH S ., B R J Enter Royal, who physically led a party of of party a led physically who Royal, Enter 87 Community members were “in a constant constant a “in were members Community As a result, Joe and the other runaways were were runaways other the and Joe result, a As 84 A SNITCH IN TIME IN A SNITCH 88 ETITION FROM ENNETT ENATE OF at Part V. V. Part at P B S ) 2/15/2014 infra Joe was reputed to have led his band of outlaws to to outlaws of band his led have to reputed was Joe 83 ERONE ERONE ELETE D , L OT EGISLATIVE EGISLATIVE N L discussion The family of the slain White man offered a reward, as did the a reward, man offered slain White The family of the O

85 125–26, 130 (Penguin Books, 6th ed. 1993). For his efforts, community members petitioned the South South the petitioned members community efforts, his For (D

Receiving no other assistance from the State, however, the the however, State, the from assistance other no Receiving EMBERS OF THE 89 86 . Id. . Id. . Id. . Id. . Id. . Id. . Id. . Id. . See . See . See, e.g. -10 M 83 84 85 86 87 88 89 90 82 80 81 In contrast to the passive informant whose work was done once The story of a slave named Isaac, who allegedly suffered his demise M K MERICA ENNIS C Y hide out four years after murdering a White man. community established groups to search for Joe and the but they encampment, were unsuccessful. information was conveyed, the active informant detecting assisted an or owner in remediating misbehavior. various forms of active assistance, including Several acting as a scenarios guide, assisting in exemplify capture, and conducting undercover represents buys. the first: acting as A a guide. slave Royal’s named story is was as Royal a follows. notorious Joe runaway slave who eluded capture and continued to commit much “mischief.” to the quashing of the plot before it even started. before it plot of the to the quashing Frame 0244 (Univ. Publ’ns of Am.). Am.). of Publ’ns (Univ. Frame 0244 Slavery, and Free Blacks: Petitions to Southern Legislatures, 1777–1867, at Series 1, Reel 10, Whites to Joe’s camp and somehow convinced Joe and his followers to make themselves known. A 2013] 2013] many lesser-known, planned rebellions. D state of uneasiness and alarm” capture. and offered many rewards for Joe’s Carolina Senate to reward Royal. Joe established a camp that could not be found by Whites, yet to which other slaves ran. killed. State. at the hands of a slave named Jim, demonstrates another type of active informant: one who effectuates, or attempts to effectuate, the capture of a slave. Allegedly, Jim killed Isaac based on a belief that Whites had AND 34609-mqt_97-2 Sheet No. 46 Side A 03/17/2014 11:30:34 03/17/2014 A Side 46 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 46 Side B 03/17/2014 11:30:34 M K PM

C Y 4:38

Jim Jim 95 OTENTIAL P

96 The two runaways runaways two The 93 [97:2 [97:2 OR THE OR F

The underlying facts are that Jim Jim that are facts underlying The 91 The slave was successful and the the and successful was slave The 98 When Isaac was shot through a door at at door a through shot was Isaac When NFORMANT 94 I , discussed earlier, represents such an ONSIDERATIONS C Though the slave was not knowingly acting acting knowingly not was slave the Though , a White slave owner provided one of his 99 notes 69–75 and accompanying text. accompanying and 69–75 notes MARQUETTE LAW REVIEW LAW MARQUETTE at 243. The court held that the defense was not available because Id. ) 2/15/2014 supra Jim ran, becoming one of two runaways who were were who runaways two of one becoming ran, Jim Harrington 92 ELETE D 147. at OT N In In Jim v. State, 24 Tenn. (5 Hum.) 145, 145–46 (1844). 145–46 145, (5 State, Tenn. Jim Hum.) 24 v. OTIVATIONS AND OTIVATIONS discussion O 146. at 147–48. at at 238–39. The defendant argued consent, i.e., that the owner had given given had owner the that i.e., consent, argued defendant The 238–39. at Harrington v. State 97 M

(D

Harrington v. State, 36 Ala. 236, 239, 243 (1860). (1860). 243 239, 236, Harrington Ala. 36 v. State, . See . Id. . See id. . Id. . See id. . Id. . See . . Id. -10 III. [A]n experiment to detect a violation of the law. The master’s delivery of money to a slave, with instructions to buy liquor from a person whom unlawfully he sold suspects liquor of to having slaves for the purpose of detecting the offender, does not of slave liquor the for excuse to money. sale such the Finally, a third type of active informant was the slave who was used 91 92 93 94 95 96 97 Slaves had many considerations to muse over in deciding whether to 98 99

ENNIS by a White owner to make what would today be called an “undercover buy.” instance. inform. In no primary, though surely particular not all, concerns. Sometimes the order, considerations this Part catalogs and exemplifies slaves with the motive unlawful and purchase means of to alcohol. attempt what would be the being concealed by other slaves in the community. the home of a slave owner, Jim was believed the crime. arrested for and to morning was found the next be the shooter.

298 298 hired Isaac to assist in Jim’s capture. D as an informant—or for that matter acting that Whites would use. active informant of case still reveals a type with wrongful intent—this was to be sold to satisfy the been debts attached. of his owner, whose property had the attachment to had been hired by Whites executing learned that Isaac find and betray the runaways. permission for the sale. the was: consent Id. defendant was charged with written owner distributing permission. alcohol to a slave without 34609-mqt_97-2 Sheet No. 46 Side B 03/17/2014 11:30:34 03/17/2014 B Side 46 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 47 Side A 03/17/2014 11:30:34

102 PM

To To 4:38

101 PEAKER S (Junius P.

The same same The 97–98 105

97, OHNSON TO THE J EBELLION Camden, Camden, South Carolina, Plot R 299 299 ICHARD ICHARD R Factors discouraging informing were were informing discouraging Factors ESISTANCE AND 100 R ETITION FROM P LAVE A SNITCH IN TIME IN A SNITCH S note 37, at 62. at 62. 37, note A. Owner Loyalty and Favor and Favor A. Owner Loyalty note 12, at 1518–23. note at 12, 1518–23. note 41, at 190; Rory T. Cornish, ) 2/15/2014 note 41, at 190. supra EGISLATIVE

, supra supra Part III.C. ELETE supra supra D

, , OT NCYCLOPEDIA OF (citing L Rich, Rich, N Scipio’s story raises the matter of whether domestic slaves slaves domestic whether of matter the raises story Scipio’s PTHEKER O Scipio was freed as a result of his efforts but continued to work to continued but efforts his of result a as freed was Scipio ONES ONES J 1 E 1 104 (D

103 . . See infra . See . Id. in , -10 Discussions of snitching invariably raise questions of loyalty. 104 100 101 102. A Jim, a slave, presents another example of the extent to which a slave 103. J Several motivations promoted informing, including loyalty to one’s Some slaves viewed their interests as aligned with their owners. 105 M K ENNIS C Y for his master, although it is unclear whether he was paid for his work or unpaid. were more likely to inform than other slaves because of their proximity to or relationship with their owners. Either might proximity or relationship encourage owner allegation loyalty. against domestic slaves while this Part Part discusses without regard to status. VI the matter addresses in detail the would go to protect an owner’s interest. Jim killed another was slave attacking who property Jim’s owner had entrusted to Jim. promoted or discouraged informing, depending on the particular slave or context. preservation preservation of others, slave community loyalty, resistance, and fear of backlash from other slaves. A slave’s religious convictions either Rodriguez ed., 2007). Rodriguez 2007). ed., (1816)

whom does the informant owe his loyalty? Himself? His community? Which community? The informing? Is that betrayal acceptable? state? Whose loyalty is he betraying by 2013] 2013] overlapped or required the balancing of particular circumstance. or in a interests, to each individual necessarily applied and not all factors owner, self-preservation, criminal leniency, freedom, the free right in to a live state, and money. harmed extreme misconduct by slaves that owners to police other slaves, Additionally, when slaves needed White they might inform to spur action. D owner. Thus, fidelity to their owners caused of some these slaves to inform. For example, Scipio, the “body servant” of his owner, revealed a potential uprising in Camden, South Carolina, in 1816 in order to save his 34609-mqt_97-2 Sheet No. 47 Side A 03/17/2014 11:30:34 03/17/2014 A Side 47 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 47 Side B 03/17/2014 11:30:34

, 107 M K PM

note note C Y ]). 4:38

ORTHUP note 105). supra supra note 41, at N , , ETITION P supra microformed on supra ,

, ETITION ETITION

OLOMON P P 113 ONES (1838), (1838), OHNSON

ETITION J P note 111, at 189). at 189). 111, note [97:2 [97:2 OHNSON OHNSON J J supra supra , ICHARD ICHARD AROLINA OHNSON C J ICHARD ICHARD ICHARD Jim was charged with murder. with charged was Jim ORTHUP

OUTH S 106 110 ICHARD ICHARD 118 (1968) (quoting S (quoting (1968) 118 Harriet Jacobs, as she hid from her her from hid she as Jacobs, Harriet 109 LAVE S note 111, at 189). at 189). 111, note Many suspected slaves from his group, on on group, his from slaves suspected Many 112 supra supra , note 77, at 226 (describing a free Black “who tried to pass O BE A note note 41, at 128 (documenting slaves’ concerns for the safety of T MARQUETTE LAW REVIEW LAW MARQUETTE

, 188–89 (Sue Eakin & Joseph Logsdon eds., Library S. Civilization Civilization S. Library eds., Logsdon Joseph & Eakin (Sue 188–89 note 111, at 118 (citing N note at 111, 118 note 77, note at 77, 226. EPRESENTATIVES OF ) 2/15/2014 note note 41, at 190–91 (citing R note 41, at 190–91 (citing R supra note 41, at 191 (citing R R

, supra ORTHUP

B. Communaland Resistance Solidarity , LAVE ESTER S

supra supra supra ELETE L , , supra supra supra D 108

, , , ONES ACOBS OT J J Cheney was apparently successful, as he was eventually eventually was he as successful, apparently was Cheney N OUSE OF (citing N (citing O ESTER EARS A ACOBS ULIUS H ONES ONES ONES 111 L J J J Y (D

. . See . Id. . . . -10 see see also been invited. One was the town constable, and the other was a free colored man, who tried to pass who himself was off for always white, ready and to currying favor with white people. do any mean work for the sake of I was warned to keep extremely quiet, because two guests had 112 Lew Cheney, a slave in Louisiana who organized a party of slaves to Akin to those who informed because of owner loyalty are those 111. J 110. J 109 113 106 If a slave viewed loyalty to the slave community as of prime 107 108 ENNIS WELVE himself off for white” and would readily inform on other Blacks); J escape to Mexico, betrayed his group when he the became “convinced ultimate of failure of his master.” project, in order to curry favor with his Blacks who did so because of a poor self-image and in an effort to earn White recognition and respect. 1975) (1853)). 1975) (1853)). Race, Race, Slavery, and Free Blacks: Petitions to Southern R Legislatures, [hereinafter of Am.) Publ’ns 0231 Reel (Univ. 11, Frame 1777–1867, at Series 1, importance, the slave might inform also evidenced and reinforced communal take solidarity and resistance of the position that refusing to T AND THE 300 300 man owned both Jim and the victim. D 190. the other hand, were captured and hurriedly executed. and hurriedly the other hand, were captured owner in her grandmother’s informed on other Blacks in order to curry favor: attic, observed a free Black man who rewarded for his betrayal. their owners). His owner, Reverend Richard Johnson, petitioned Jim’s release. the legislature for 105). 105); 34609-mqt_97-2 Sheet No. 47 Side B 03/17/2014 11:30:34 03/17/2014 B Side 47 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 48 Side A 03/17/2014 11:30:34

: PM

4:38

His His 114 EVOLUTION 77 (1979)). 77 (1979)). Both are are Both R 115 ORLD W ODERN EBELLION TO R M 301 301 ROM F

, AKING OF THE

M 119 ENOVESE G

D. A SNITCH IN TIME IN A SNITCH note 19, at 30. UGENE EVOLTS IN THE EVOLTS R supra

Douglass wrote: wrote: Douglass ,

) 2/15/2014 note 41, at 168. 116 117 LAVE S ELETE supra D

at 102–03. at 102–03. (quoting E (quoting ,

OUGLASS As he writes it, Douglass’s tone indicates pleasant surprise surprise pleasant indicates tone Douglass’s it, writes he As OT 118 D N

O ONES (D

MERICAN . See . Id. . id. See . See id. . See id. -10 -A The slaveholders have been known to send in spies among their slaves, to ascertain their views condition. and The feelings frequency of in this has regard had the to effect to among their establish the slaves the maxim, that head. They suppress the truth rather than take a the consequences still tongue makes a wise of telling it, and in human family. so doing prove themselves a part of the I found the colored supposed they would people be. I much found among them more a to determination spirited protect each than other I from hazards. the had blood-thirsty Soon kidnapper, after at all my which illustrated arrival, their spirit. A I colored man and a fugitive was slave told of were on unfriendly terms. a The former was heard to threaten circumstance the latter with Straightaway a meeting informing was called among under the the colored his stereotyped people, notice, “Business of betrayer master importance!” was The invited of appointed hour, and organized the to meeting by appointing a very attend. his religious old The whereabouts. gentleman as people president, came who, I at believe, made the a Further, Douglasshe was a free man in when relates a story he heard 116 114. J 117 118 119 In his narrative, Frederick Douglass opined that a slave who refused 115 M K FRO ENNIS C Y the North. humanity at large. humanity at likely correct. to inform was demonstrating fidelity to both the Black community and at the lengths to which escaped slaves would go slavery. from being sold back into to protect each other A 2013] 2013] Norrece authority. Professor T. Jones contends that historical sources in South Carolina overwhelmingly support the conclusion that slaves who helped runaways did so voluntarily and reveled in doing so. D position stands in stark contrast to Professor Eugene Genovese’s claim that “slaves often not refused organized runaways because to of betray a sense of solidarity but because of fear of ghastly reprisals.” 34609-mqt_97-2 Sheet No. 48 Side A 03/17/2014 11:30:34 03/17/2014 A Side 48 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 48 Side B 03/17/2014 11:30:34

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121 120 With 108 (1959)) RKANSAS RKANSAS A Those slaves who who slaves Those [97:2 [97:2 125 LAVERY LAVERY IN S EGRO N

,

AYLOR T 124

and a slave whose behavior might cause an an cause might behavior whose slave a and W. 127 note note 38, at 625 (contrasting “ba-ad” men (respected and C. Communal Regulation MARQUETTE LAW REVIEW LAW MARQUETTE RVILLE RVILLE However, when internal communal strife reached a a reached strife communal internal when However, A slave who shirked responsibilities, thus forcing forcing thus responsibilities, shirked who slave A In all these instances, the bad slave would force the the force would slave bad the instances, these all In ) 2/15/2014 supra 122 126 128

, ELETE D (citing O (citing at 625–27, 629. 629. 625–27, at 627. at 629. at OT To initiate the involvement of an owner, a slave had to to had slave a owner, an of involvement the initiate To N

123 ENOVESE O (D

. See id. . See id. . See id. . See id. . See id. . See id. . See id. . Id. -10 prayer, after which “Friends, we have got him here, and I would recommend that you he addressed young men just the take him outside the meeting door, and this, a kill number him!” of as them bolted at him; but they were follows: intercepted by some more timid than themselves, and the betrayer their escaped vengeance, and has not been seen in New Bedford since. I believe there have been no more such threats, and should there consequence. be the that death would I doubt not be hereafter, 122 123 124 125 126 127 128 120 121. G What type of behavior or person merited this tactic? Bully slaves While slaves may have refused to cooperate as a measure of ENNIS admired) and “bad” men (feared)). (feared)). men admired) “bad” and others to do more work, owner to exact penalty upon the over to an owner. entire community could be handed who assaulted other slaves would taught slave be children revealed. immoral behavior, such as how subject to to gamble, outing. were order to protect each negative other behavior and of because slaves slave financial interests. unless owners it ignored affected the owners’ sufficient property level and that was beyond their control, ability slaves to turned control, to or desire their behavior. to White owners to regulate communal (describing a situation in which slaves turned in, rather than protected, a killed an overseer). runaway who had

302 302 D reveal the offending conduct. offending reveal the communal solidarity and resistance, at times they found it necessary to inform in order to ensure the security of the community. slaves Most times, internally controlled miscreants—so called “bad” men 34609-mqt_97-2 Sheet No. 48 Side B 03/17/2014 11:30:34 03/17/2014 B Side 48 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 49 Side A 03/17/2014 11:30:34

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4:38

136 with with , and, caste Even Whites caste 132 note 115, at 115, 77). note supra

, 303 303 ENOVESE In an opinion the justice wrote wrote justice the opinion an In G

135 According to Professor Norrece T. T. Norrece Professor to According 131

133 A SNITCH IN TIME IN A SNITCH note 38, at 629. at 38, 629. note note 41, at 118. 118. at 41, note notes 91–96 and accompanying text. accompanying and 91–96 notes supra supra

, , supra ) 2/15/2014 note 41, at 168 (quoting D. Communal Ostracism and Retaliation D. Communal and Retaliation Ostracism ONES ELETE

, J supra D

, ENOVESE 129 OT G Jim v. State, 24 Tenn. (5 Hum.) 145, 151 (1844). (1844). 151 145, (5 State, Tenn. Jim Hum.) 24 v. , 24 Tenn. (5 Hum.) at 151. 151. at Hum.) (5 Tenn. , 24 discussion N at 125. 125. at O ONES Id. (D

. See . See, e.g. . Id. . See . See . Jim The Isaac-Jim saga was discussed earlier in the context of of context the in earlier discussed was saga Isaac-Jim The -10 134 The truth seems to be that Isaac had not only excited the the excited only not had Isaac that be to seems truth The enmity of George and Jim, but he seems to have lost the white folks to thought he betray was George also engaged to to slight offence apprehend in their eyes: that one the of their own color, subject to Jim.—This was sheriff, no and it a like servitude, was should abandon the interests of his the other negroes in the neighborhood. He had combined with for hire, betray black folks to the white people, rendered him an object of general aversion. Hence it was, that felt so little George hesitation in the utterance of their threats; and and hence Jim Cindy did not it wish to was, that destroy Jim for such a fellow. Professor Eugene Genovese claimed that “slaves often refused to Slave owners too were aware that slaves suspected of or found to be 129 A justice of the Tennessee Supreme Court—obviously White— 130. J 131 132. 133 134 135 136 M K ENNIS C Y betray organized because runaways . . . of fear of ghastly reprisals.” collaborating were subject to Petitions formally filed being on behalf of slaves by ostracized, Whites hinted that slaves assaulted, or killed. Jones, all slaves knew that and sinful.” exceptions, would be viewed as “sacrilegious revealing slave misconduct, with limited identifying active slave informants. reviewing Jim’s conviction, he claimed: reviewing Jim’s

were aware of this viewpoint. were aware 2013] 2013] normally silent slave into invoking White protection by telling on their caste mates. D confirmed both the nonviolent and violent repercussions which a slave informant—Isaac—was allegedly killed by another slave— in a case in Jim. Plenty of evidence exists from informed on a other slaves were stigmatized variety by the slave of community and sources faced that violent physical retaliation. slaves who 34609-mqt_97-2 Sheet No. 49 Side A 03/17/2014 11:30:34 03/17/2014 A Side 49 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 49 Side B 03/17/2014 11:30:34

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For For S B , July 18,

Some Some 137

144 145 141 OST EWIS P microformed on ARGE ARGE OF ENATE AND THE S L VENING VENING Ultimately, the the Ultimately, E (1824), (1824),

139 [97:2 [97:2 , N.Y. IRGINA TATUTES TATUTES AT V S OLAH TO THE B HE Extract of a Letter from a Gentleman in note 51. 51. note 6 T EWIS L in ]). supra , The slave asked his owner never to to never owner his asked slave The 140 E. Religion OMMONWEALTH OF White religious leaders strictly controlled controlled strictly leaders religious White ETITION AROLINA C P 143 C

. ETITION FROM P note 37, at 257 (quoting note 37, at 257. at 257. 37, note note 41, at 131. 131. at 41, note MARQUETTE LAW REVIEW LAW MARQUETTE OUTH S ) 2/15/2014 note 41, at 118–19. supra supra

, , supra supra

, ILSON ET AL ET ILSON ELETE W supra D EGISLATIVE EGISLATIVE

For example, in Camden, South Carolina, in 1816, a slave slave a 1816, in Carolina, South Camden, in example, For , at 131–32. 131–32. at ARGE OF ONES 138 OT L ELEGATES ELEGATES OF THE , L J N OHN OHN at 143–44. 143–44. at 144–45. at at 258 (citing An Act Making Appropriations for the Extra Session of the D PTHEKER PTHEKER O 57, 58 (David J. McCord ed., Columbia, A.S. Johnston 1839) [hereinafter 6 ONES A ]; J (D

. See . See id. . Id. . Id. .E.g. . . Id. -10 142 Slaves who embraced a religious life told church authorities about 143 144 145 137 141 140 138. J 139. A In the early days of slavery, Whites did not expose slaves to religion OUSE OF AROLINA ENNIS ETITION TATUTES AT TATUTES formerly private matters handled within the slave community. reveal the slave’s name because he did not want to have “to leave country, and he knew live the here.” negroes would not let him this Camden, Camden, S.C. to His Friend in Philadelphia, Dated July 4, 1816 1816, 2). at well as political crimes (e.g., not working, being rebellious, running religious slaves would reveal both moral crimes (e.g., adultery, theft) as Blacks’ access to religion and cultivated in detecting and investigating slave leaders misconduct. to assist and enlisted Black religious revealed revealed a conspiracy scheduled for legislature freed July the slave, 4, paid the 1816. slave’s owner $1,100, and awarded the slave a life pension of $50. C S H P Legislature, in the Year Purposes One Therein Thousand Mentioned, Eight no. 2132, Hundred II, § and Seventeen; and for Other 304 304 who informed on slaves faced or feared retaliation by Blacks. D Race, Race, Slavery, and Free Blacks: Petitions to Southern Legislatures, Reel 1777–1867, 18, at Series Frame 1, 0450, PAR 11682404 (Univ. Publ’ns of Am.) [hereinafter L these reasons, slave informants. owners would protect the identities of their for a variety of reasons, including the religion belief that and slaves did the not need fear that slaves would learn to read and write. Eventually, Whites believed that slaves who learned religion would be more subservient and that religion could be a useful tool in maintaining the institution of slavery. 34609-mqt_97-2 Sheet No. 49 Side B 03/17/2014 11:30:34 03/17/2014 B Side 49 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 50 Side A 03/17/2014 11:30:34 PM

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ESSION S

Before S.C.) 150

151 ,

152 Interestingly, Interestingly, 147 148 LAIR (B 305 305 RESBYTERIAN RESBYTERIAN CHURCH note 19. 19. note P (Aug. (Aug. 28, 1831) (on file with Presbyterian Historical

supra supra

, ALEM A SNITCH IN TIME IN A SNITCH F. Protection of Others 1831–1946

note 41, at 146. 146. at 41, note , OUGLASS ) 2/15/2014 D Some slaves believed it a deific decree not to reveal reveal to not decree deific a it believed slaves Some supra supra 149

, ELETE EGISTERS D at 137. 137. at at 143, 145–46. 145–46. 143, at R ONES OT J N at 143 (quoting S (quoting 143 at at 92. 92. at O For example, according to records of the Salem Presbyterian Presbyterian Salem the of records to according example, For (D

146 . See . See id. . See id. . See generally . See id. . Id. . Id. -10 Cato Servant of John Shaw, was suspended for Six months for an assault made upon one of the Church members. Jack servant of R. Witherspoon, was suspended for six months for charging the assault. Cato with theft and Causing the above named narrating any of the peculiar circumstances, I deem it proper to make known my intention not to with the transaction. My reasons state for pursuing this course may be all the facts connected understood from the following: First, were statement I of to give all a minute the probable, facts, that others it would is thereby embarrassing a statement would most difficulties. Secondly, such not be involved only in possible, the undoubtedly but most quite induce slaveholders greater than vigilance has existed would, on of course, be the means of guarding heretofore a door whereby some among the them; which dear chains. brother bondsman might escape his galling part of the I now come to that part of my life during which finally succeeded in making, I my escape from slavery. planned, But before and 148 149 150 151 146 147 152 Closely related to communal solidarity was the desire of a slave to M K INUTES INUTES AND ENNIS C Y the justification. for those who refused to betray political crimes, religion also provided Society)). the whereabouts of runaways, among other “transgressions.” the whereabouts M

2013] 2013] away). Others, though religious, distinguished crimes, with between the latter moral not being subject and to revelation. political D Church dated August 28, 1831: 1831: 28, Church dated August protect another individual Douglass’s by autobiographical not narrating writings how informing. he are escaped storytelling: regarding his to informative. Again, freedom, Douglass Frederick set forth a caveat 34609-mqt_97-2 Sheet No. 50 Side A 03/17/2014 11:30:34 03/17/2014 A Side 50 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 50 Side B 03/17/2014 11:30:34

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91 N.C. MONG THE A IFE IFE L

, Jacobs wrote wrote Jacobs OR 159 , Uncle Tom’s Cabin

153 [97:2 [97:2 ABIN done—just—that—thing C S ’ The Nat Turner Trials, Later passages reveal him to be be to him reveal passages Later OM T Id. NCLE After learning of Nat Turner’s Turner’s Nat of learning After U The fallout from Nat Turner’s Turner’s Nat from fallout The Quite naturally, some chose to to chose some naturally, Quite

157 , 156 154 TOWE S So, they set about to squelch any such such any squelch to about set they So, Alfred L. Brophy, Brophy, L. Alfred 158 G. Self-Preservation EECHER see also B note 77, at 161. at 161. 77, note MARQUETTE LAW REVIEW LAW MARQUETTE ) 2/15/2014 note 41, at 127. supra

, ARRIET ARRIET ELETE Part VII for a discussion of Nat Turner’s rebellion. rebellion. Turner’s Nat of discussion a for VII Part , H supra D

at 161–62. at 161–62. at 168, 179; 179; 168, at , ACOBS OT at 516. 516. at infra J

N at 97. 97. at O ONES (D

. See . Id. . See, e.g. . See . id. See . See id. See id. See 514–15 (David S. Reynolds ed., Oxford Univ. Press 2011) (1852). Simon Legree, the the Legree, Simon (1852). 2011) Press Univ. Oxford ed., Reynolds S. (David 514–15 Along a similar vein, some slaves informed in order to prevent or or prevent to order in informed slaves some vein, similar a Along -10 155 “I have,” said Legree, with grim, terrible calmness, “ calmness, calmly. terrible Tom, said grim, with mas’r,” Legree, likely, said very have,” you?” “Well, Tom!” said . “do . . Legree, you know I’ve made up my mind to “It’s KILL “I Tom, you’ll unless tell me what you know about gals!” these yer But I remained firm, and, third according day of September, to 1838, I left my my chains, and resolution, succeeded in on the reaching New York without kind. the How I slightest did so,—what means interruption I adopted,—what of direction I travelled, any and by mentioned. before for the reasons unexplained, what mode of conveyance,—I must leave . 1817, 1864–65 (2013) (describing the torture of a slave named Dave and others alleged 157 155. J 153 154 158 159 When investigating alleged slave misconduct, a slave owner might 156 Tom refused to tell and was beaten to death. death. to beaten was and tell to refused Tom EV ENNIS OWLY motivated by loyalty to his fellow slaves, religious owner. conviction, and an ethic of resisting his Tom such a choice: a Tom choice: such Id. stop Whites from torturing them. to be plotting an insurrection in North Carolina, resulting in disclosures). Carolina, North to plotting be insurrection an in live. impending torture: regarding the R L owner of Tom, the fictional protagonist in Harriet Beecher Stowe’s 306 306 He later reiterated: D rebellion provides such an instance. have given a slave the choice between dying or about providing information another slave’s misconduct. plans in their town by calling in poor, non-slaveholding Whites to search the houses of and torture free Blacks and slaves. planned insurrection, Whites in Harriet Jacobs’ were South in Carolina fear for town their lives. 34609-mqt_97-2 Sheet No. 50 Side B 03/17/2014 11:30:34 03/17/2014 B Side 50 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 51 Side A 03/17/2014 11:30:34 PM

supra 4:38

,

167 ORTHUP Part III.A. III.A. Part supra note 111, at 188). at 188). 111, note note 111, at 189). note note 111, at 189). at 189). 111, note supra

, supra

, supra

discussion 307 307 , ORTHUP ORTHUP see also see ORTHUP he sought to avoid the negative negative the avoid to sought he 165

160

166 A SNITCH IN TIME IN A SNITCH note 111, at 188–89; note 111, 118 at (citing 111, note N Lew Cheney, who earlier presented as a striking striking a as presented earlier who Cheney, Lew note 41, at 128. 128. at 41, note 162 note 111, at 118 (alteration in original) (quoting N However, when he became “convinced of the the of “convinced became he when However, supra note 111, at 118 (quoting N note at 111, 118 (citing N note at 111, 118

, ) 2/15/2014 164 supra

, supra

, supra supra supra supra ELETE

, , , D

ORTHUP ESTER ONES OT 161 N J L

N at 161. 161. at 165. at also presents here as a slave strongly motivated by his own own his by motivated strongly slave a as here presents also O ESTER ESTER ESTER See See L L See 163 (D

. Id. . Id. . . -10 out that he knew nothing at all. He had not even heard the name of Nat Turner. The poor fellow had, however, made up a story, which augmented his own sufferings and people. those of the colored One black man, who promised to give information about the conspiracy. But it turned had not fortitude to endure scourging, Poor creatures! They thought it was going to be a holiday. I was informed of the true state of affairs, and imparted it to the few I could trust. Most gladly would slave; but I I dared not. have All could not be proclaimed relied on. Mighty it is the to every power of the torturing lash. Departing secretly from the encampment, he proclaimed among the planters the number[s] collected in the swamp, and, instead of stating truly intention the was to emerge object from their seclusion they the first favorable the bayou. along person and murder every white opportunity, had in view, asserted their 163. Self-protection also focused on avoiding responsibility for alleged 160 161 162. 166 167. L 165 164. M K ENNIS C Y misconduct. Thus, a slave might inform blame from in himself. order to divert or deflect ultimate failure of his project,” Respecting the choice between Jacobs further commented: withstanding torture and informing, note 111, at 189). note at 111, 189). consequences that would naturally follow organized the mass escape. if it were learned that he

and unsympathetic exemplar of a Whites, slave seeking to curry favor with 2013] 2013] D interests. Cheney, a Louisiana slave, organized a group of slaves to run away to Mexico. 34609-mqt_97-2 Sheet No. 51 Side A 03/17/2014 11:30:34 03/17/2014 A Side 51 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 51 Side B 03/17/2014 11:30:34 5 M K PM

in C Y 4:38 at 76–

ALE OF Id. T

A

: (2007). (2007). Quaco and and Quaco

LOT 177 P 99–100 1675–1776, at 17 (1905)). 17 (1905)). at 1675–1776, 100 for information; EGRO £ note 111, at 189). at 189). 111, note [97:2 [97:2 N ORK ORK Y Y supra

EW , REAT EW N G N Confessions by slaves were admissible admissible were slaves by Confessions HE Id. T ORTHUP Today, scholars debate whether whether debate scholars Today,

, ENTURY ITY OF OF ITY 178 C A grand jury was impaneled to to impaneled was jury grand A -C 172 Hysteria reigned and Whites targeted targeted Whites and reigned Hysteria 171 OHNSON note 39. 39. note J 45 and be pardoned; and a slave could be

88–89, 91, 116. 91, 116. 88–89,

£ 174 AT IGHTEENTH supra

, E OUNCIL OF THE C MARQUETTE LAW REVIEW LAW MARQUETTE note 39, at 125–28. Whites too were frequent informers. note 39, note at 39, OFFER note 111, at 118 (citing N note at 111, 118 ) 2/15/2014 H 20, and be pardoned while his master could receive URDER IN at 82, 166; M £ supra OMMON supra

M supra supra ELETE For example, Sandy—the first slave to confess to the the to confess to slave first Sandy—the example, For

, , In 1741, a series of fires started throughout New York York New throughout started fires of series a 1741, In , C D at 81–129. at 81–129. Trials lacking due process—though granting more process process more granting process—though due lacking Trials 176 Id. 169 OT 173

at at 75 (citing Minutes of the Common Council of New York, April 11, 1741, at 102–03. Quaco and Cuffee, convicted and sentenced to death by immolation, at 71–73. 71–73. at 74–80. at N at 2, 73–74. 73–74. 2, at 168 OFFER OFFER O ESTER L H (D

Whites began to believe that slaves—and possibly some some possibly slaves—and that believe to began Whites . Id. . Id. . Id. . Id. . id. See . Id. . Id. . . . See generally Additionally, slaves who came under suspicion informed to to informed suspicion under came who slaves Additionally, -10 170 175 170 171 172 173 174 175 178 168 176 In the course of investigating and adjudicating the fires and alleged 177. H The Negro Plot Trials of 1741 tell the story of northern slaves who 169 INUTES OF THE THE OF INUTES ONSPIRACY AND ONSPIRACY AND ENNIS 25. £ in criminal cases of slaves, though confessions by slaves officers to were law given little enforcement weight or because corrections the slave’s “habit of . . obedience . compels him to confessed at the last hour but were still executed. conspiracy, monetary rewards and pardons were offered to Whites and Blacks for information: receive a free person could a free Black could receive freed, receive City. Whites—were starting the fires. 77, 82. Whites, particularly White received freedom servants, and compensation (e.g., Mary Burton—a White servant, and the informed first grand on Blacks and other jury Whites; some witness). C

than normally accorded slaves—were quickly held, convictions and executions. resulting in many protect themselves from harsh punishment other by slaves. diverting attention to grand jury—was able to save his life through informing. 308 308 Cheney was rewarded executed. while his campmates were captured and D Cuffee, however, who were both convicted after trial, were still executed Cuffee, however, who were both after confessing at the last moment. investigate. Blacks to round up and arrest. informed—sometimes informed—sometimes falsely—to deflect criminal attention, as Whites were vigorously investigating and prosecuting insurrection. slaves for a perceived M 34609-mqt_97-2 Sheet No. 51 Side B 03/17/2014 11:30:34 03/17/2014 B Side 51 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 52 Side A 03/17/2014 11:30:34

PM Id.

ARD Race, EGRO EGRO 4:38 NITED AW AW OF

W N N U L in OHN J AW OF AW AW OF RESIDENT AND P L L Race, Slavery, and and Slavery, Race, in in His owner sought microformed microformed on

RESIDENT LAVERY IN THE Id. P S (1798), EGRO EGRO N 309 309 microformed microformed on NSLOW TO THE E ELAIRE TO D AROLINA AROLINA AW OF C (1831), L OSEPH J AMES J OUTH S ]. Confessions by slaves to their masters were ROM AROLINA AROLINA F C In another instance, a slave named Paul, Paul, named slave a instance, another In note 178, at 3, 230. 230. 3, at 178, note 182 LAVERY A SNITCH IN TIME IN A SNITCH

H. Criminal Leniency OUTH S Similarly, Moses, one of the early participants participants early the of one Moses, Similarly, ENATE OF S NQUIRY INTO THE ETITION FROM Id. supra I ETITION S 185 P note 39, at 1–9. at 1–9. 39, note , P For example, a slave named John was convicted convicted was John named slave a example, For N 180 note 178, at 3, 226, 233. In cases involving only slaves or free free or slaves only involving cases In 233. 226, 3, at 178, note EGRO 1 A ) 2/15/2014 supra N

, in 3, 271 (Thomas R. R. Cobb ed., Phila., T. & J. W. Johnson & Co. 1858) 1858) Co. & Johnson W. J. & T. Phila., ed., Cobb R. R. (Thomas 271 3, LAVERY He died while imprisoned awaiting sale. ENATE OF supra S S ELETE , D He testified against other slaves who were convicted and and convicted were who slaves other against testified He note 178, at 3, 226, 230. Exclusion was justified on the grounds that slaves , at 3, 272. 272. 3, , at EGISLATIVE OFFER EGISLATIVE EGISLATIVE 183 AW AW OF OT Paul’s sentence, however, was reduced from execution to to execution from reduced was however, sentence, Paul’s L Nonetheless, the available evidence confirms that slaves slaves that confirms evidence available the Nonetheless, H MERICA L N EGRO While awaiting sale, his toes on one of his feet rotted and his foot fell off. off. fell foot his and rotted feet his of one on toes his sale, awaiting While EMBERS OF THE 184 179 A O supra N supra M Having testified against other slaves, he was sentenced to be be to sentenced was he slaves, other against testified Having LAVERY , , (D

S . Id. . Id. . See . See . See id. . See 181 -10 Slaves who were involved in unlawful conspiracies obtained 184 185 180. Unquestionably and uniformly, slaves to were be incompetent witnesses in cases for 181 179 182 183 AW OF OF AW M K EMBERS OF THE L EGRO ENNIS LAVERY LAVERY TATES OF C Y sentencing leniency, such as the avoidance of against other execution, slaves. by testifying Slavery, Slavery, and Free Blacks: Petitions to Southern Legislatures, 1777–1867, at Series 1, Reel 8, Am.). of Publ’ns (Univ. Frame 0482 sale out of the country. [hereinafter L guilty. also known as Charleston. Figaro, was involved in an insurrection plot in of conspiracy and attempted insurrection after he confessed and pled were “servile” and “mendacious.” The Law of Negro Slavery, ch. 13, 247, §§ 256,

S S N M answer all questions of the involve even the most innocent in the most contradictory inconsistencies.” Law The idlest of Negro curiosity, while his mendacious Slavery, ch. 18, § 315, disposition will always S 2013] 2013] there was an actual concerted plot by slaves, between. a hoax, or something in inform were on motivated other by slaves. self-preservation to D inadmissible in criminal cases answers . . . mould so as to please against the master, no . . . and confidence [could] slaves be placed in the because truth of “slave[s] his [were] statements.” always The Law ready of to Negro Slavery, ch. 18, § 317, Blacks, slaves were permitted to serve as witnesses. The Law of Negro Slavery, ch. 13, 253, § in Free Free Blacks: Petitions to Southern Legislatures, 1777–1867, at Series 1, Reel 11, Frame 0007 sold out of the United States rather than executed, which was the usual punishment for his crime. executed. AND THE (Univ. Publ’ns of Am.). Am.). Publ’ns (Univ. of compensation from the State. or against free Whites. The Law of Negro Slavery, ch. 13, 247, §§ 253, 34609-mqt_97-2 Sheet No. 52 Side A 03/17/2014 11:30:34 03/17/2014 A Side 52 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 52 Side B 03/17/2014 11:30:34

7 M K PM

in 220– C Y

ENRY OURT 4:38

C H ECORDS R 200–01,

(providing that OURT OMPILATION OF

219 (2d ed. 1985) 1985) ed. (2d 219 C C

XTRACT XTRACT FROM THE

459 reprinted in AW A

192 L

at 59–60. at 59–60.

[97:2 [97:2 1831: XTRACT XTRACT FROM THE (1831), (1831), MERICAN note note 186, at 185–86, note note 40, at 221). 221). A note 36, note

Though he was convicted convicted was he Though He, however, provided provided however, He, at

XTRACT FROM THE 187 IRGINIA 186 189 supra EVOLT OF V supra supra , supra

R , ,

, ISTORY ISTORY OF note 186, Finally, a Louisiana court expressly expressly court Louisiana a Finally, H

LAVE LAVE IRGINIA 188 OUNTY S A LAVERY

V C 220–21 (1971)). (1971)). 220–21 , S

supra , AROLINA

C note 156 at 1825 & n.45 (citing E I. Manumission Over time, legislatures began to publicly publicly to began legislatures time, Over 200–01,

OUNTY 191 IRGINIA RIEDMAN C supra OUTH F V S

, TATUTES ON MARQUETTE LAW REVIEW LAW MARQUETTE note 156, at 1825 n.45 (citing E OUTHAMPTON M. OUTHAMPTON 185–86, S

note 156 at 1825 n.45 (citing E S 2 S 2 ) 2/15/2014 note 41, at 127. Brophy in

OUNTY HE 177, C supra supra T Part VII for a description of the Turner rebellion. For more discussion discussion more For rebellion. Turner the of description a for VII Part ELETE supra at 385. 385. at

ARGE OF , supra D

, L id. OUTHAMPTON In the early years of slavery, owners could free slaves by by slaves free could owners slavery, of years early the In AWRENCE AWRENCE

An An Act to Restrain the Emancipation of Slaves, and to Prevent Free Persons OT

State v. Slave Jack, 14 La. Ann. 385, 386 (1859) (holding that a jury has S , 190 L N See O ATERIAL ONES ECORDS OF RAGLE Brophy, Brophy, See (D M T

R .E.g. . . See infra . See -10 The prospect of manumission was a strong motivator for 192 188 187. Brophy, 189. Only the most helpful of informants were eligible for manumission. 186 191 190. J OUTHAMPTON S

ECORDS OF OURT ENNIS TATUTES AT OURCE RVING RVING informing. and sentenced to “recommended death that in transportation out[] of the state.” spite the of governor his cooperation, commute the his court sentence to (identifying Virginia and Maryland as allowing private manumission). private manumission). allowing as (identifying Virginia Maryland and of Color from Entering into This State; and for Other Purposes, no. 2236, I § (1820), important testimony against other slaves. will as a private matter. S Id. C I S R OF His owner, James Delaire, petitioned for compensation due to the reduced sale value of Paul. 310 310 in the Nat Turner rebellion in Southampton, Virginia, was caught charged and with murder and conspiracy. D regulate manumission: freeing executive or legislative. approval, whether government slaves became illegal except with emancipation may only occur Emancipating Slaves Who Have Not Attained the by Age Required by the Civil Code for Their legislative act); (1827), Emancipation An Act to Determine the Mode of 21). held that a jury had presumably for informing, if it so desired. the discretion to commute a capital sentence, In Louisiana as of emancipate a 1831, slave “for long, faithful or with important services rendered to legislative approval, an owner could discretion discretion to commute a capital sentence). In this case, the jury commuted the sentence, but did not reveal the grounds for doing so, suggesting that informing could possibly the reason. have been regarding Moses, see 34609-mqt_97-2 Sheet No. 52 Side B 03/17/2014 11:30:34 03/17/2014 B Side 52 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 53 Side A 03/17/2014 11:30:34

: 195 PM

196 1804, OUTH 4:38

S ENERAL IRGINIA ] (stating IGEST OF IGEST OF EAR G V D

UBLIC AND Y note 195, at P TATUTES ON in in PPENDIX AND 1 A A IRGINIA ARGE OF 2 S 2 supra supra 421, 433–34 & n.* n.* & 433–34 421, OF A A OF Race, Race, Slavery, and

V , L in in AWS OF , in L NDEX I AWS OF IRGINIA WITH AN AN WITH SSEMBLY , L V ASSED FROM THE A P

: TATUTES TATUTES AT ENERAL 311 311 S ODE OF THE ERIOD microformed microformed on

, 6 La. Ann. at 370 (quoting An Act G P C 7 AWS OF ENERAL in L G Finally, in North Carolina, Carolina, North in Finally, AST AST OUISIANA ODE OF THE L (1972), (1972), 197

L WITH A A WITH EVISED ; McDowell R HIS T HE ORCE F CTS OF THE ODE OF THE 1 T note 25, at 48. 48. at 25, note C A Toney, a slave owned by Samuel White, White, Samuel by owned slave a Toney, in in 198 A SNITCH IN TIME IN A SNITCH ORCE AT UCH supra EGISLATURE OF F

S , L The Virginia legislature permitted freedom for for freedom permitted legislature Virginia The OW OW ARE IN LL Similarly, the Louisiana Code provided in 1851 1851 in provided Code Louisiana the Similarly, N 194 A at 73. at 73. 193

) 2/15/2014 ]). Upon petition, the Governor or Senate had authority to commute AS AS , 403). Presumably, such “circumstances” would include would informing. include “circumstances” such Presumably, 403). AND IN

, at

ELETE , 403 (L. Moreau Lislet ed., New Orleans, Banjamin Levy 1828) [hereinafter CTS OF THE note 40, at 349, 350. 350. 349, at 40, note D note 36, note A IGGINBOTHAM ATURE OT Petition to the County Court of Quarter Sessions for the County of of County the for Sessions Quarter of Court County the to Petition McDowell McDowell v. Couch, 6 La. Ann. 365, 370 (1851) (citing An Act to Amend an N OUISIANA N supra supra

NDEX , L O , OLLECTION OF supra NCLUSIVE I I E.g., , C (D

. See -10 196. An Act Reducing into One, the Several Acts Concerning Slaves, Free Negroes and 198. 194 In South Carolina, a slave could be emancipated if the slave, “in 193. An Act to Amend an Act Entitled “An Act to Prevent Free Persons of Colour 195. An Act Reducing into One, the Several Acts Concerning Slaves, Free Negroes and 197. An Act for Enlisting Such Trusty Slaves as Shall Be Thought Serviceable to This 1827, M K ENERAL IGEST OF IGEST OF THE AROLINA EING A ENNIS OUISIANA ERMANENT LAVERY C Y Pasquotank, Pasquotank, North Carolina from J. Banks et al. his taking or killing, as aforesaid.” actual invasion, kill[s] or take[s] one or more of same our shall prove, enemies, by any and white person, the to be done by him, shall, for his reward, at the charge of the public, have and enjoy his freedom, for such “meritorious services, to be judged of by the Governor and Council.” D Mulattoes, no. C.111, 53 § (1819), that in 1723, the Virginia legislature enacted a statute preventing 1748). until in force emancipation continued statute by will; the Free Blacks: Petitions to Southern Legislatures, 1775–1867, at Series 2, Part D, Reel 1, Frame of Publ’ns Am.). 0138, (Univ. PAR 21279202 C G a slave’s death sentence to life in prison “whenever the circumstances of the case are such as to entitle the offender to such commutation.” L B P S D TO 2013] 2013] himself or family.” D emancipation could be whereabouts of runaways. sought for informants who revealed the 433–34 & n.*; H & n.*; 433–34 that governors could free, as well as pardon or commute the sentences of, slave informants. (Richmond, Thomas Ritchie 1819) [hereinafter C Act Entitled “An Misdemeanors,” Act and Other Supplementary Acts, Supplementary Passed on the Twentieth to March, Eighteen Hundred an and Eighteen, Act Crimes for and Misdemeanors, the no. 18, Punishment 1 § (1823), of Crimes and from Entering into This State and for Other Purposes,” 2 § (1831), to Amend an Act Entitled “An Act Supplementary to an Act for the Punishment of Crimes and Misdemeanors,” and Other and 18, Misdemeanors, § no. Crimes 1 (1823), and Eighteen Eighteen, Hundred Supplementary Acts, Passed on the Twentieth March, Revelation of a slave conspiracy constituted “[m]eritorious Revelation services.” Mulattoes, no. C.111, 53 § (1819), Province in Time of Alarms, no. 278, V § (1708), 34609-mqt_97-2 Sheet No. 53 Side A 03/17/2014 11:30:34 03/17/2014 A Side 53 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 53 Side B 03/17/2014 11:30:34 M K PM

C Y In In 4:38

204 note 195, at note 195, at ODE OF THE C in supra supra supra

, , On the other other the On 201 202 IRGINIA IRGINIA [97:2 [97:2 V V AWS OF AWS OF L L note 137. 137. note ODE OF THE ODE OF THE C C supra supra in in , J. Remaining in State J. Remaining in State

208 MARQUETTE LAW REVIEW LAW MARQUETTE note 195, at 433–34. 195, at 433–34. note ETITION P ) 2/15/2014 Fearing for his safety in New Orleans, he sought to to sought he Orleans, New in safety his for Fearing He petitioned the Virginia House to allow him to to him allow to House Virginia the petitioned He

206 207 supra supra

, 203 ELETE OLAH D B OT To reward his revelation, a group of sixteen White White sixteen of group a revelation, his reward To In 1813, the governor of Louisiana granted Bolah, and and Bolah, granted Louisiana of governor the 1813, In N

200 O IRGINIA EWIS 205 Toney revealed the plan and some of the slaves were were slaves the of some and plan the revealed Toney Id. Id. Id. Id. Id. Id. Id. V (D

199 -10 205. 206. 207. 208. 203. An Act Reducing into One, the Several Acts Concerning Slaves, Free Negroes and 199. 200. 201. 202. An Act Reducing into One, the Several Acts Concerning Slaves, Free Negroes and 204. L Lewis Bolah represents an example in which a slave informant, who A desirable reward closely connected to emancipation was the ENNIS AWS OF AWS leave Louisiana. community members petitionedcommunity members to free Toney. court the L

had been emancipated for revealing a rebellion, petitioned to remain in he could not have independently sought state after emancipation. While his emancipation, as a free man he could ask to remain in state. 312 312 learned of a plan by slaves and the owner of a ship to convey the slaves North. D Mulattoes, no. C.111, 61 § (1819), 436. Slave could be emancipated by Concerning Slaves, will. Free Negroes An and Act Mulattoes, Reducing no. into C.111, 53 § One, (1819), the Several Acts 436. 1812, Bolah revealed an insurrection plot among slaves, free people of color, and “a few Orleans. abandoned and lawless White persons” in New reside in Richmond, near where he had lived before he was sold down south to New Orleans. Mulattoes, no. C.111, 62 § (1819), after May 1, 1806, extraordinary any merit” slave could apply “emancipated to remain for in ‘an state. act, or acts of’ others, freedom. thwarted. ability of an ex-slave to remain in Thus, legislatures also sanctioned this reward for informing. In Virginia, state near one’s family and home. hand, a slave emancipated by will was twelve months. required to leave state within 34609-mqt_97-2 Sheet No. 53 Side B 03/17/2014 11:30:34 03/17/2014 B Side 53 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 54 Side A 03/17/2014 11:30:34

213 PM

He He 1675– 4:38

(1822), (1822), 209 ORK Y watchful to note 37, at 426,

IRGINIA EW V N notes 35–36 and supra , supra ITY OF C EORGIA In this petition, he had had he petition, this In G 210 313 313 EGISLATURE EGISLATURE OF discussion L See TATE OF S OUNCIL OF THE C OSES TO THE note 209)). note 37, at 273 n.26 (“In times when there were M note note 37, at 143 (citing An Act for Ordering and OMMON C AWS OF THE supra supra supra , L

, Apparently this was an insufficient basis to to basis insufficient an was this Apparently supra A SNITCH IN TIME IN A SNITCH K. Monetary Reward

211 , ETITION P ETITION FROM PTHEKER note 39, at 75 (citing Minutes of the Common Council of New York, P ) 2/15/2014 PTHEKER A

INUTES OF THE THE OF INUTES IGEST OF THE IGEST OSES 212 D ELETE supra , A

5 M , ]. Race, Slavery, and Free Blacks: Petitions to Southern Legislatures, 1777– D in in OT see also N ; O EGISLATIVE OFFER Id. Id. Id. (D ETITION

. See, e.g. P -10 In times when there were frequent alarms of insurrections of the Blacks, when in the neighborhood, great where being [their] number near was large estates Petitioner and has extensive more coal mines than Mistress the whispers of such plots being agitated and concerning your once secretly made them known to [h]e his discoveries. was always distressed and anxious to make Surprisingly, monetary rewards to slave informants—either in 210. 211. 212. 209. L Similarly, Similarly, a former slave emancipated by self-purchase could 213 M K OSES ENNIS C Y frequent alarms of insurrections of the Blacks, in the neighborhood, where [their] . . . number was great being near large estates and extensive coal once mines your secretly Petitioner made has more known than to his concerning Mistress them he the was always whispers distressed of and anxious such to original) (quoting M Plots make discoveries.” being (alteration agitated in and conjunction with or distinct from emancipation—were available. petition to remain a in state. slave, purchased Moses, his freedom. Governing Slaves within This Province, and for Establishing a Offences Committed by Jurisdiction Such Slaves, for and Other Persons the Therein Mentioned, Trial and to Prevent of the Inveighling, and Carrying Away §§ 13–14 (1770), Slaves from Their Masters, Owners, or Employers, petitioned the court to allow him to remain in the state but the petition was denied for lack of “extraordinary merit.” remain in the state. He successfully re-petitioned, avowing: avowing: re-petitioned, He successfully remain in the state.

2013] 2013] avowed that he had served his mistress well, was of good character, had saved his mistress from a house fire, and was . “always . . D April 11, 1741, detect and desirous to suppress those mischiefs and vices in slaves and free Persons of Colour.” 1776, at 17 (1905)). These were rewards not part of the system of rewards available to Whites who acted as “informers” or text. accompanying private prosecutors. microformed on 1867, at Series 1, Reel 18, Frame 0349, PAR 11682205 M (Univ. Publ’ns of Am.) [hereinafter 430–31); H Blacks as a class were prevented by law from both personal freedom and by law Blacks as a class were prevented 34609-mqt_97-2 Sheet No. 54 Side A 03/17/2014 11:30:34 03/17/2014 A Side 54 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 54 Side B 03/17/2014 11:30:34

7 in M K PM

in C Y supra supra supra OUTH OUTH 4:38

,

, S ENERAL G He was was He LAVERY 220 note 40, at 352, 352, at 40, note PTHEKER TATE OF S A slave’s person person slave’s A S Id.

supra ITTING ITTING IN , EGRO S N

and South Carolina Carolina South and 221 [97:2 [97:2 223

AROLINA 224 AW AW OF C L Part V. V. Part in

ESVERNEYS TO THE note 40, at 420, 423; A 215 D OUTH infra S EPRESENTATIVES note 218. 218. note 235, 237. 235, 237. R

supra ETER Slaves who betrayed insurrections insurrections betrayed who Slaves , P 216 The Law of Negro Slavery, ch. 14, 258, §§ 261, supra supra

, ARGE OF discussion L In 1822, the South Carolina legislature legislature Carolina South the 1822, In Race, Slavery, and Free Blacks: Petitions to Southern OUSE OF 217 AROLINA H C In addition to his freedom, Desverneys was was Desverneys freedom, his to addition In see also see note 178, at 3, at 178, note ETITION note 41, at 179. 179. at 41, note In 1857, he petitioned the legislature for an an for legislature the petitioned he 1857, In P ]; 218 219 ETITION ETITION FROM P supra OUTH note 41, at 127. 127. at 41, note MARQUETTE LAW REVIEW LAW MARQUETTE , TATUTES AT S Recall that Georgia and South Carolina provided provided Carolina South and Georgia that Recall supra

S ,

222 ) 2/15/2014 7 note 41, at 168. ETITION The permissibility of a monetary reward for for reward monetary a of permissibility The P supra supra in

214 ENATE AND , microformed microformed on ONES S ESVERNEYS ELETE LAVERY , An Act for the Better Ordering and Governing of Negroes and Slaves, no. , J supra D D

S ARGE OF , EGISLATIVE L HE ONES OT 235. 235. from Slaves owning were property. legally prevented The Law of Negro Slavery, ch. 14, 258, §

J (indicating that this request was apparently granted and his annuity was raised T L N

(1857), (1857),

O ETER , ONES EGRO ESVERNEYS (D

N . See, e.g. . Id. . Id. . See, e.g. . See . See . See D -10 As with manumission, a slave entitled to a monetary reward had to 222. J 217 219. P 220 221 216 214 215 Slaves who assisted slaveholders in capturing runaways received 223. An Additional and Explanatory Act to an Act of the General Assembly of This 218 SSEMBLY AROLINA ENNIS AW OF ETER TATUTES AT Legislatures, 1777–1867, at Series 1, Reel 11, Frame 0617 (Univ. Publ’ns of Am.) [hereinafter P have performed exceptional acts. increase in his annuity due to old age and poor health. note 37, at 143 (citing An Act for Ordering and Governing Slaves within This Province, and for Establishing a Jurisdiction for the Trial of Offences Committed by Such Slaves, and Other awarded $50 per year. monetary rewards. informing thus reveals the lengths to which Whites were willing to go in order to obtain highly valuable information. Monetary rewards motivator to slaves. a strong also serve as could received monetary rewards. Vesey insurrection plot. emancipated Peter Desverneys, a slave who revealed the Denmark S C A

314 314 possession of property, thereby ensuring and fortifying their completemarginalization. D 362. to $150 per year). year). per to $150 labor became the property of his master. 314, § XXVI (1712), monetary rewards to slaves revealing poisonings, and his time were the property of his master; thus, any earnings or property resulting from his also did so for slaves disclosing stolen property. slaves disclosing also did so for note 178, at 3, L supported by multiple members of the community. Province, Entitled “An Act for the Better Ordering and Governing Negroes and Other and Slaves Negroes Entitled Act the Province, “An for Better and Ordering Governing in This Province;” and for Amended by This Continuing Present Act, for the Term Such Therein Mentioned, no. 790, § VIII (1751), Part of the Said Act as Is Not Altered or 34609-mqt_97-2 Sheet No. 54 Side B 03/17/2014 11:30:34 03/17/2014 B Side 54 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 55 Side A 03/17/2014 11:30:34 PM

It It ARGE 4:38 234

L IFE IFE AND L AWS OF THE L Jacobs’ owner owner Jacobs’ TATUTES TATUTES AT 225 S

He intended to to intended He 7 229 in Bibb laid low for a a for low laid Bibb 233 IGEST OF THE Henry Bibb, however, however, Bibb, Henry D 227 ARRATIVE ARRATIVE OF THE 315 315 in N 85–86 (Charles J. ed., Hegler Univ. (Charles of 85–86

, IBB B LAVE S ENRY H MERICAN note 77. 77. note A with N A SNITCH IN TIME IN A SNITCH A When he arrived, he called on his mother at at mother his on called he arrived, he When supra

: , 230 note 40, at 365, 367. 367. 365, at 40, note note note 37, at 426, 430–31) (stating that a Georgia informer received IBB B In July 1839, Bibb, a fugitive slave, returned to note 77, note at 77, 222. The girl acted as if she were asleep, and listened to to listened and asleep, were she if as acted girl The ACOBS ) 2/15/2014 228 at 222, 222, at supra supra J

232 , note 228, at 84–86. at 84–86. 228, note supra The offer was apparently unsuccessful—either for the the for unsuccessful—either apparently was offer The id. , ENRY 226

supra ELETE

H , D at 86. “[A] little slave girl” was in the house with his mother mother his with house the in was girl” slave little “[A] supra supra

, OT 231 N at 86–87. 86–87. at 84. at 84–85. at

AROLINA EORGIA IBB O

ACOBS C G (D

235 . Id. . Id. . Id. . Id. . See id. . Id. . Id. . See generally .Compare -10 224. An Additional Act to an Act Entitled “An Act for the Better Ordering and 229. B 230 231 232 233 234 235 Outside the government-backed system of monetary rewards, slave 225. J A variety of motivations underlay Blacks’ decisions to inform during 226 227 228 OUTH M K S DVENTURES OF DVENTURES OF ENNIS TATE OF C Y woman’s unwillingness to inform or continued in lack hiding for many years of thereafter. information—as Harriet Wis. Press 2001) (1849). (1849). Wis. 2001) Press owners offered money for assistance. For example, recall that Harriet Jacobs’ owner offered money to a colored woman living in New York in exchange for information about Harriet’s whereabouts. considerations constituted rewards such as criminal leniency, money, slavery. Some of the drivers were rooted in loyalty—whether to one’s owner, the Black community, self, or another slave. Other twenty shillings per year till death and was excused reward). from work on the day he received the Governing Negroes and All Other Slaves,” no. 344, VIII § (1714), Kentucky, where his mother, wife, and child lived. A Persons Therein Mentioned, and to Prevent the Inveighling, and Carrying Away Slaves from Their Masters, Owners, or Employers, 13–14 §§ (1770), S OF while, hoping that his owner would believe the slave girl was lying. 2013] 2013] D when he entered. the whole conversation, which she then reported. free his wife and child. suspected Jacobs was living in New York, although she was hiding right under his nose. her house. was not so lucky. almost worked, until he was betrayed slave, by “for a the “new” sum of friend, five who dollars,” which was had owner. a been offered by Bibb’s 34609-mqt_97-2 Sheet No. 55 Side A 03/17/2014 11:30:34 03/17/2014 A Side 55 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 55 Side B 03/17/2014 11:30:34 N in M K

PM

C Y , A 4:38

(1849), ELIGIOUS R EABROOK 719, 719, 746 (Yuval HE Prize Essay on Similarly, Similarly, S

240 , T B. note note 38, at 622; Josiah ONES J

ARRATIVES ARRATIVES

[97:2 [97:2 241 N supra C.

, 130 (Savannah, Thomas Purse Purse Thomas (Savannah, 130 HITEMARSH

239 LAVE S TATES S ILENCE HARLES ENOVESE S LASSIC LASSIC their faults from their owners. owners. their from faults their C NITED For example, Reverend C.C. Jones Jones C.C. Reverend example, For U 121, 124 (1833)). (1833)). 121, 124

238 . ODE OF C EG

Additionally, data may be gleaned from from gleaned be may data Additionally, R

A ’ note note 38, at 622 (citing C.W. Gooch, 236

note 19, at 92; G concealing note 38, at 437. at 38, 437. note note 41, at 167–70. note at 41, 167–70. NTHOLOGY OF IV. note 38, at 622 (quoting W A supra N supra MARQUETTE LAW REVIEW LAW MARQUETTE

ARMERS supra

,

EGROES IN THE , supra supra , A

, : N ) 2/15/2014 supra , 1 F , 1

, ONES ELETE LAVE S D ENOVESE OUGLASS ENOVESE G OT D G

N (alteration in original) (quoting C (quoting original) in 622. at (alteration

ENOVESE O ORN A G 237 (D

The Life of Josiah Henson, Formerly a Slave, Now of an a Canada Life Inhabitant Slave, of The Josiah Henson, Formerly B

. See . See . See . Id. . Id. . -10 AS the sacredness of a “professional secret.” [T]he Negroes are scrupulous make common on one point[,] they cause, as servants, in Inquiry elicits no information; no one feels at liberty to disclose the transgressor; all are profoundly ignorant; the matter assumes 237 240 Both slaveholders and slaves provide proof that Blacks kept their Conclusively determining whether Blacks—individually or C.W. Gooch suggested that “no greater crime existed for the slaves 236 238 239 241 W

I ENNIS

NSTRUCTION OF THE Agriculture in Virginia to consider the possibility. tongues silent regarding the Eugene Genovese misdeeds noted that owners of of slaves other unwilling perceived to slaves Blacks. betray to each be other. Historian collectively—adhered collectively—adhered to a code generally difficult of to silence prove is a information from sources with different interests affords the opportunity negative. problematic for Nonetheless, comparison it of is than that of betraying one another to the whites.” Taylor ed., 1999); J 1999); Taylor ed., 1842)). I

316 316 freedom, and continued community in-state intimidation, residency. religious belief, regulation might be factors. Finally, and indigenous avoidance communal of D 1 Henson, evidence of coping mechanisms slavery. adopted by Blacks in response to Whitemarsh B. Seabrook plantation there is stated: a deep “Between closely sympathy of together slaves feeling that which a binds on crime seldom discovered through their instrumentality.” them committed so the by one same of their number is opined: opined: 34609-mqt_97-2 Sheet No. 55 Side B 03/17/2014 11:30:34 03/17/2014 B Side 55 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 56 Side A 03/17/2014 11:30:34 PM

4:38

ELIGIOUS R HEIR

T 243 ON ON , 317 317 SPECIALLY E AND AND , LAVES S

244 A SNITCH IN TIME IN A SNITCH

note 19, at 92. at 92. 19, note 245 note 236, note at 236, 746. ) 2/15/2014 note 41, at 167, 170. 170. at 167, 41, note supra

Help consisted not simply of refusing to reveal the the reveal to refusing of simply not consisted Help , ANAGEMENT OF 242 ELETE supra supra

M supra D

, 167–68. 167–68.

OT 12 (Charleston, A.E. Miller 1834)). 1834)). Miller A.E. (Charleston, 12 N at OUGLASS O ONES (D

. Id. -10 It was a dark, moonless night, and we got into the which I little had induced skiff a fellow-slave to in take us across the river. It was an agitating and solemn moment. The good fellow who was rowing us over, said this affair might end in his death; “but,” said he, “you will not be brought back alive, will you?” “Not if I can help it,” I answered. “And if you are overpowered and return,” he asked, “will you conceal my part of the will, so help me God,” I replied. “Then business?” I am easy,” he answered, “That I “and wish you success.” I now come to that part of my life during which finally succeeded in making, I my escape from slavery. planned, But before and narrating any of the peculiar circumstances, I deem it proper to make known my intention not to with the transaction. My reasons state for pursuing this course may be all the facts connected understood from the following: First, were statement I of to give all a minute the probable, facts, that others it would is thereby embarrassing difficulties. Secondly, such a statement would most not be involved only in possible, the undoubtedly induce but greater vigilance most on the part of quite slaveholders than has existed heretofore among them; which would, of course, 245. D Similarly, Frederick Douglass, when writing his narrative, revealed More narrowly, with respect to the troubling and costly problem of The individual stories of runaway slaves confirm the ethic of silence 242. J 243 244. Henson, M K SSAY SSAY ON THE ENNIS C Y NSTRUCTION escaped to the North. escaped to the an unwillingness to disclose the names of those who helped him as he runaways, slaveholders were acutely aware have been successful that without the help runaways of other slaves could on the plantation not and elsewhere. existence of a runaway, weapons. and food, shelter, providing tracking dogs, and but seemingly also of killing and burying E I 2013] 2013] D Henson would never reveal the assistance: assistance: reveal the Henson would never that troubled slaveholders. In his narrative, Josiah Henson, an escaped slave, recalled receiving the assistance of a slave who expected that 34609-mqt_97-2 Sheet No. 56 Side A 03/17/2014 11:30:34 03/17/2014 A Side 56 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 56 Side B 03/17/2014 11:30:34 M K PM

C Y 4:38 , no. 2,

RCHAEOLOGY A

.

IST 247 [97:2 [97:2 , H

246 Archaeology at the Parvin Homestead: The number of slaves successfully escaping via via escaping successfully slaves of number The note 19, at 30. at 30. 19, note

MARQUETTE LAW REVIEW LAW MARQUETTE 248 250 ) 2/15/2014 supra

, ELETE D

OT James A. Delle & Jason Shellenhamer, N 97. at OUGLASS O Nevertheless, the fact of its existence—which is is existence—which its of fact the Nevertheless, See (D

249 . Id. . Id. . See id. 38, 39–40. 39–40. 38,

-10 But I remained firm, and, third according day of September, to 1838, I left my my chains, and resolution, succeeded in on the reaching New York without kind. the How I slightest did so,—what means interruption I adopted,—what of direction I travelled, any and by mentioned. before for the reasons unexplained, what mode of conveyance,—I must leave be the means of guarding a bondman might escape his galling chains. door whereby some dear brother Additionally, the Underground Railroad stands as unquestionable 246 247 248. Finally, while refusal to divulge information to Whites was Evidence suggests that not only did Blacks withhold information 249 250. D ENNIS proof of an ability regarding runaways. and a willingness of slaves to maintain silence regarding runaway slaves, they also mundane forms of were misconduct. Douglass wrote: “The slaveholders have unwilling to disclose more been known to send in spies among their slaves, to ascertain their views and feelings in regard to their condition. The frequency of this has had the effect to establish among the slaves the maxim, makes a wise head.” that a still tongue apparently desirable behavior among some necessary to slaves, surreptitiously communicate sometimes about impermissible it subjects was in front of Whites and potential informants. Thus, slaves system developed a of coded language to prevent outsiders and informants from unquestionable—as well lasting nature presents strongas its efficacy and evidence of a slave code of silence. Without Blacks keeping the secrets of those attempting escape, success would have been highly unlikely for any escapee. 2008 at

318 318 D the Underground Railroad successful escapees is undoubtedly small in proportion is to the number of unknown; however, slaves. the number of He further wrote regarding his escape story: Searching for the Material Legacy of the Underground Railroad 34609-mqt_97-2 Sheet No. 56 Side B 03/17/2014 11:30:34 03/17/2014 B Side 56 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 57 Side A 03/17/2014 11:30:34

255 PM

4:38

253 319 319 ETRAYAL B As explained by Professor Eugene Eugene Professor by explained As 251 Not only did their language allow allow language their did only Not 252 LTIMATE U A SNITCH IN TIME IN A SNITCH HE T

note 38, at 437. at 437. 38, note V. ) 2/15/2014 note 41, at 127. supra

, ELETE including assaults, rivalries, sexual infidelities, and theft. and infidelities, sexual rivalries, assaults, including supra D

, at 437. 437. at at 145, 189. 189. 145, at 254 OT N at 431–41. 431–41. at ENOVESE O ONES (D

. Id. . See id. . See id. -10 Available evidence makes clear that some Blacks held a personal 251. G 252 253 254. J Black informers during slavery revealed all manner of Black 255 Given the complete legal and social oppression of the enslaved, it is Slave owners and Whites too placed high value on the willingness of M K ENNIS C Y ethic against providing incriminating information about other Blacks to Whites. Additionally, there is support for the proposition on that the Blacks whole adhered to a code of silence. Nonetheless, without more information, drawing a definite communal ethic of silence is premature. conclusion as to the existence of a misconduct,

2013] 2013] understanding their conversations. Genovese, slaves—in particular field slaves—developed a language and style of speaking all their own. D slaves from different African cultures to communicate, but it prevented outsiders from understanding particularly what field slaves, were able was “to communicate with each being other in the said. presence of whites with Thus, some immeasurably measure slaves, to prevent informers of from having too safety,” much to convey which to “helped the masters beyond impressions and suspicions.” Blacks to inform on rebels and, to a slightly smaller extent, runaways. willingness to disclose a plan of rebellion or the location of might a be characterized runaway as the ultimate form of betrayal whether viewed or their owners. enslaved from the perspective of the reasonable to hypothesize that freedom and liberty—or the possibilities thereof—were extremely valued by slaves. successfully Two potential achieving means of Consequently, it these stands to reason that a states Black person slave who revealed insurrection a were or the greatly rebellion whereabouts reviled, of unless a and arguably runaway the cause, such as because of torture. might revelation escape. become was made with good As the discussion in Part ostracism III evidences, if such revelations not might spur actual retaliation. However, a Black person’s 34609-mqt_97-2 Sheet No. 57 Side A 03/17/2014 11:30:34 03/17/2014 A Side 57 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 57 Side B 03/17/2014 11:30:34

262 M K PM

RMY C Y On On 4:38

The The 261 note note 41, , A 263 Indeed, Indeed, 257 supra

, He fled by by fled He IGGINSON 267 H ONES A thunderstorm thunderstorm A 265 [97:2 [97:2

Prosser and many co- many and Prosser 259 ENTWORTH 268 W A slave who demonstrated demonstrated who slave A 256 HOMAS Prosser did not know of the betrayal betrayal the of know not did Prosser 264 Two well-known rebellions that were were that rebellions well-known Two 258 note note 37, at 170, 173–74, 189, 222; J supra

note 81, at 126. 126. at 81, note , Part III.I. 248 (Boston, Fields, Osgood, & Co. 1870)). 1870)). Co. & Osgood, Fields, (Boston, 248 note 37, at 221. at 221. 37, note at 222. 37, note MARQUETTE LAW REVIEW LAW MARQUETTE So, Prosser postponed the attack. the postponed Prosser So, note 81, at 126. 126. at 81, note 126. at 81, note note 81, at 125–31. 125–31. at 81, note 266 supra supra note 41, at 191 (citing T

) 2/15/2014 ,

supra supra

, , 269 PTHEKER supra supra supra supra supra

, , , EGIMENT A ELETE

supra , R D

, ENNETT OT By August, several thousand slaves had been enlisted. been had slaves thousand several August, By at 125. 125. at discussion N at 126. 126. at ; B ; 260 PTHEKER PTHEKER LACK LACK ENNETT ENNETT ENNETT O ONES B Id. (D

. See . Id. . Id. . Id. . Id. . Id. . See, e.g. -10 258. J 264. B 256 During the spring and summer of 1800, Prosser planned his 261 262. A 265 266 267 268. A 260 259. B Notwithstanding that divulgences of the plans of rebels or runaways 263. 269. B 257 ENNIS IFE IN A IN IFE rebellion. at 179. at 179. always betrayed beforehand. Professor notes that Norrece Jones many slaves believed rebellions were conspirators were arrested before they could re-assemble to the insurrection. carry out loyalty to Whites and protected their reward. interests garnered the greatest might merit extreme contempt from Blacks, documented. such betrayals Researchers are have well- substantiated by slaves. were betrayed beforehand which planned rebellions numerous instances in L and that night approximately 1,000 slaves gathered. 320 320 Evidence of such high value can be found in the granting of freedom to some slaves who revealed insurrections. D the day it was to begin, August 30, two slaves, Tom and governor called out Pharaoh, the militia. betrayed before they rebellion got in Richmond, underway Virginia, Charleston, South Carolina, in 1822. rebellion in include in 1800 the and Gabriel the Denmark Prosser Vesey prevented them from attacking when the storm entry washed into out the points city. of boat but was located in Norfolk, Virginia, on “two September Negroes” who 25, ultimately 1800, betrayed by him. betrayed the plot to their master who in turn told authorities. 34609-mqt_97-2 Sheet No. 57 Side B 03/17/2014 11:30:34 03/17/2014 B Side 57 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 58 Side A 03/17/2014 11:30:34

277 278 279 PM

4:38

On the the On Poyas Poyas 283

271 276 270–71. 270–71.

“He told one of of one told “He George Wilson, Wilson, George 272 284 note 37, at 271 (spelling the note 37, at 37, note supra supra supra

, 321 321 , The attack was planned for for planned was attack The 274 PTHEKER PTHEKER A A Notwithstanding Poyas’ command, command, Poyas’ Notwithstanding 273 note 37, at 270–71. note at 37, 270–71. .’” see see also see also see supra

note 41, at 41, 179. note A SNITCH IN TIME IN A SNITCH , Vesey moved up the date of attack. of date the up moved Vesey 282 supra supra

note 81, at 130. 130. at 81, note note 81, at 130. 130. at 81, note , ) 2/15/2014 PTHEKER note 41, at 179; note 41, at 179. note 41, at 178; ONES A supra supra supra supra

, , An estimated 9,000 slaves had been enlisted. been had slaves 9,000 estimated An ELETE

supra supra supra D 275

, , , at 129. 129. at 285 281 OT I will speak to them see also see N at 127–31. 127–31. at 128. at 129. at ; at 129. 129. at 130. at 131. at at 130; J 130; at ENNETT ENNETT O ONES ONES ONES Only leaders of the plot knew details, in order to prevent the the prevent to order in details, knew plot the of leaders Only (D Peter Poyas was Vesey’s second-in-command. Vesey’s was Poyas Peter

. Id. . Id. . Id. . Id. . Id. . Id. . Id. . Id. . Id. . See id. . Id. 280 270 -10 Authorities detected the plan in the last week of May when a slave For two weeks, Vesey continued to plan and the government 279. B 275. B 270 271 272 273 Denmark Denmark Vesey sought to strike Charleston, South Carolina, in 278. J 280 281 282 283 284 285. J 276 277 274. J M K ENNIS C Y named William Paul tried to recruit Peter Devaney, a house slave. authorities investigated. 1822. July 16, 1822. July 16, arrest or betrayal of one person from entire plan. resulting in the collapse of the another slave and information. leader in the African Church, also provided his recruiting agents to ‘take care and don’t mention it to those waiting men who receive presents of old coats, etc., from their masters, or they’ll betray us:

2013] 2013] D free Black’s name as “Pencell”). “Pencell”). as free name Black’s some slaves ignored his instruction because they knew of house “willing slaves to poison their masters’ wells.” identified house slaves as the most likely of betrayers. time by a slave who knew plans and some names. Devaney betrayed the group by consulting a free Black named William Pencil who advised However, Devaney was only able to give authorities a Devaney barebones plan. to tell Recruits knew his only master, the plans. name which of he their assigned did. leader and general Friday before the new scheduled day, the group was betrayed again, this 34609-mqt_97-2 Sheet No. 58 Side A 03/17/2014 11:30:34 03/17/2014 A Side 58 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 58 Side B 03/17/2014 11:30:34

287 M K PM

C Y OUTH OUTH 4:38

S His His

294 289 OURNALS OF J

ARGE OF L (May 11, 1715), 1715), 11, (May at 329 (“In December December (“In 329 at id. [97:2 [97:2 AROLINA C The state freed Lewis Lewis freed state The TATUTES TATUTES AT 295 at 174 (quoting MS (quoting 174 at 6 S Id. in OUTH S A few years later, in 1713 in in 1713 in later, years few A 290 In October 1837, in Rapides Rapides in 1837, October In 293 331 (1836))). 331 SSEMBLY OF A EGISTER R note 37, at 189 & n.77. Peter was awarded a suit, hat, shoes, note 37, at 330. at 330. 37, note note 37, at 271 n.21 (citing An Act for the Remuneration of note note 37, at 170. Will was rewarded by the legislature purchasing Letter Letter to a Member of Congress, Dated December 29, 1835, from MARQUETTE LAW REVIEW LAW MARQUETTE note 81, at 131. 131. at 81, note supra supra EEKLY EEKLY , , Pencil received $1,000 and a tax exemption. tax a and $1,000 received Pencil W ) 2/15/2014

note 41, at 179. ’ supra supra 288 at 189 n.77.

, , Id. supra supra

OUSE OF THE , Id. note 140, at 194, 195) (calling him “Pencell” and mentioning only $1,000); ELETE ILES H supra D 40. 40. at 173–74. An entry in the Journals of the Commons House of the the of House Commons the of Journals the in entry An 173–74. at

In Charles Town, South Carolina in 1740, a slave named named slave a 1740, in Carolina South Town, Charles In at 328 (recounting how, in October 1835, in South Carolina and Georgia, Georgia, and Carolina South in 1835, October in how, (recounting 328 at , Collection of Early State Records, A.1b, Reel 1, Unit 4 (Lib. of Congress)). £ PTHEKER PTHEKER OT 291 A A note 41, at 179. 179. at 41, note N , 49 N , 49

at 330. 330. at supra PTHEKER PTHEKER ENNETT O , ONES A

(D “Only one leader confessed,” all others “remained silent.” “remained others all confessed,” leader one “Only

. See id. . See . Id. . See id. . Id. . . See supra supra OMMONS 292

286 , -10 C 291 Both before and after the planned Prosser and Vesey rebellions, 286. B Vesey and five leaders were tried, convicted, and executed on July 2, 290. A 294 287 288. J 293 In 1835 in South Carolina, Georgia, and Louisiana, domestic slaves 295 289 292 AROLINA ENNIS ONES slaves betrayed in advance many lesser-known insurrections. An early instance is the betrayal by Will of a conspiracy by slaves in Surrey James and City Counties, Virginia, in 1710. 1822. stockings, and £20. £20. and stockings, “[a]n old domestic slave . . . a [1835,] ‘confidential . . . in servant’ East . revealed. a . Feliciana, Louisiana” revealed a serious plot plan by for rebellion”); two Whites and “a great many of the most favorite confidential servants,” making “it all the more disturbing.” (quoting New Orleans his freedom for Assembly, Columbia, South Carolina indicates named Job that £5 for revealing in 1713 a slave the conspiracy. Assembly agreed to pay a slave revealed slave plots against Whites. C conspiracy. 322 322 Goose Creek, South Carolina, a slave named Job revealed a D J microformed on Parish, Louisiana, Lewis, a slave, revealed a free conspiracy of Blacks slaves that and was set to begin in Alexandria, Louisiana. THE Peter, of George Pencil, and of — Scott, no. 2299, V, § Peter revealed a conspiracy initiated, twenty-four hours allowing before slaveholders it them. to was capture to be the rebels and execute revelation led the conspiracy to be squelched. Devaney and Wilson were emancipated by lifetime pensions. the legislature and given 34609-mqt_97-2 Sheet No. 58 Side B 03/17/2014 11:30:34 03/17/2014 B Side 58 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 59 Side A 03/17/2014 11:30:34

297 303 PM

note EGRO 4:38

N ABOR AS L supra

, note 111, at EGRO supra MERICAN N , ORTHUP A For example, example, For

, 304 ORTHUP

N HILLIPS 306

ONTROL OF

P C 301 323 323 ONNELL B

296 486 (1918)). 486 (1918)). 189. 189.

LRICH MPLOYMENT AND at E Dyson, trusting Wright, urged Wright to to Wright urged Wright, trusting Dyson,

, ÉGIME 298 Id. R 229–35 and accompanying text. text. accompanying and 229–35

In July 1859, in Clarksburg, Virginia (now (now Virginia Clarksburg, in 1859, July In A SNITCH IN TIME IN A SNITCH 300 UPPLY S notes note 37, at 334 & n.33 (quoting note 37, at 343. at 343. 37, note supra LANTATION LANTATION ) 2/15/2014 note 41, at 168. supra P supra

, , ELETE supra D at 330 n.17 (citing U (citing n.17 330 at

, at 343–44. 343–44. at In 1840, Lew Cheney, a slave, had organized “a mass flight” flight” mass “a organized had slave, a Cheney, Lew 1840, In URVEY OF THE OT S at 343. 343. at discussion N

at 351. 351. at at 343–44. 343–44. at at 151. 151. at 302 PTHEKER PTHEKER O A ONES

A : Their alleged motive for the killing was that Isaac “had “had Isaac that was killing the for motive alleged Their (D

. Id. . See . See id. . Id. . Id. . See id. . . Id. Wright seemed committed, but immediately revealed the plot, plot, the revealed immediately but committed, seemed Wright 189 189 & n.2. “[H]is name is despised and execrated by all his race throughout the 305

-10 299 As with rebellions, research also establishes examples of instances in In June 1853, in New Orleans, Louisiana, Albert, a slave, asked 301 302 296 298 299 300 297 304. J 305. 145, (1844). 145 Hum.) (5 Tenn. Jim v. 24 State, 306 303. A M K ETERMINED BY THE ENNIS LAVERY C Y which slaves betrayed escapees. Disclosing their whereabouts could be serious betrayal. Henry Bibb, a runaway slave, was betrayed not once but twice. George Wright, a free Black, to join a rebellion in the planning. of slaves from Rapides and Avoyelles Parishes, Louisiana, but to Cheney Mexico, himself revealed the plot to his owner “to curry favor.” parishes of Rapides and Avoyelles.” Avoyelles.” and of parishes Rapides join. West Virginia), a female slave revealed a plot. slave revealed female West Virginia), a 189). Cheney survived Whites’ mass executions and was rewarded. N S D 2013] 2013] and rewarded him with be safe.” he would community where $500 to “establish himself in some distant leading police to Albert. D 111, at George and Jim, two slaves, slave. were accused of killing Isaac, another combined with the white folks to betray George the to and sheriff, it was Jim.” apprehend was also engaged to thought he More extreme than mere information disclosure, some slaves far went so as to assist slaveholders in capturing runaways. Wright expressed interest and Albert took White teacher from Jamaica. Wright to meet Dyson, a 34609-mqt_97-2 Sheet No. 59 Side A 03/17/2014 11:30:34 03/17/2014 A Side 59 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 59 Side B 03/17/2014 11:30:34

, 308 M K PM

, a C Y IMES 4:38

T

EMORY M Beck, a a Beck, , L.A.

316 313

MERICAN Django Unchained A Presumably, the the Presumably, LAVES 311 S [97:2 [97:2 During slavery, house house slavery, During URNER IN 307 T AT AT 331 (1836)) (internal quotation marks Quite possibly, house slaves slaves house possibly, Quite OMESTIC OMESTIC N

: 309 D

317 LAVE note 228, at 136). S EGISTER R He contended that owners encouraged encouraged owners that contended He supra

310 , EFENSEOF The Contenders: Slavery, Comedy and Guns IBB EEKLY D Letter to a Member of Congress, Dated December 29, 1835, EBELLIOUS note 37, at 328. at 37, 328. note note 37, at 61–63. at 37, 61–63. note W R

’ Part V. note 37, at 61. at 61. 37, note HE note 41, at 113. 113. at 41, note MARQUETTE LAW REVIEW LAW MARQUETTE In East Feliciana, Louisiana in December 1835, a a 1835, December in Louisiana Feliciana, East In RIEF supra supra Denmark Vesey’s plot on Charleston, South South Charleston, on plot Vesey’s Denmark ILES T

, ,

B 314 , supra

315 ) 2/15/2014 supra

A , supra supra

, , 49 N ELETE , Steven Zeitchik, RENCH D VI. at 329 (quoting at 62. 62–63. at B (citing 328 at 62, F PTHEKER PTHEKER ONES OT Aptheker’s position finds support in both the reporting of of reporting the both in support finds position Aptheker’s A A id. discussion J

N PTHEKER 312 O COT (D

. See . See . See . See . See id. . See, e.g. . See id. . See id. . See -10 310. A 314 316 308 Some house slaves did reveal rebellion plots beforehand, allowing 307 Slaves who worked in the owner’s household or performed in 315 309 311 312 Historian Herbert Aptheker opined that spies and traitors primarily 313 317. S ENNIS the plans to be quashed before getting underway. and Georgia In in South October Carolina 1835, “[a]n old plan for domestic rebellion.” slave a revealed . . . lack of connection allegiance to to other slaves, and other thus a willingness slaves to interests. protect a promoted master’s owner loyalty over domestic roles were known as house slaves. slaves were known or reputed to have been willing to do the bidding of White owners, including informing, to the detriment of other slaves. Carolina, was undone in whole or part by a house slave. more disturbing.” “confidential servant” revealed a “serious” plot by two Whites and great many of servants,” the making most “it favorite all confidential the “a Dec. Dec. 27, 2012, at S24 (describing history”). of most despised “one the in Negroes cinematic snitches, domestic who as slave Samuel L. Jackson’s character in

came from the domestic class. and first-person slave accounts. unsuccessful slave rebellions 324 324 criticism. of unfair may be the subject D omitted). young slave girl who considered herself a house slave, testified against alleged members of Nat Turner’s rebellion in Virginia, although she did beforehand. rebellion not betray the domestics to maintain distance from field workers. from New Orleans Today, house slaves are still vilified in the Black community and being called a house slave is a serious insult. 34609-mqt_97-2 Sheet No. 59 Side B 03/17/2014 11:30:34 03/17/2014 B Side 59 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 60 Side A 03/17/2014 11:30:34 PM at at

ANY ANY Id. 74–75 4:38 M

,

321 318 320 REEDOM ICHOLS F N

H. HARLES ONDAGE AND B at 37–38. Beck’s testimony was was testimony Beck’s 37–38. at 325 325 See id. See at 40–41, 61–63. at 61–63. 40–41, Id. CCOUNT OF THEIR A Thus, she may have been motivated to testify against

’ Id. A SNITCH IN TIME IN A SNITCH note 111, at 90–91 (citing C LAVES -S X E note 77, at 216, 254–56. 254–56. note at 77, 216, supra ) 2/15/2014

, note 228, at 136. at 136. 228, note HE

T

supra He claimed: : 319 ELETE

, D 322 supra supra ESTER

, OT L ONE

N at 254. 254. at 255–56. at G IBB O ACOBS See (D

. Id. . Id. -10 [T]he domestic slaves are often found to be traitors to their own people, for the purpose of gaining favor with their masters; and they are encouraged and trained up by them to report every plot they know of being formed about stealing [anything], or running which they are paid. kind; and for of the away, or [anything] Of course, the day was an anxious one for us all. But we we But all. us for one anxious an was day the . . . course, . Of concluded that if Jenny had seen me, she would be too wise to let her mistress know of it; and that she probably chance to would see Dr. Flint’s not family till get evening, for I a knew very well what were the rules in that household. I afterwards believe that she did not see me; for nothing ever came of it, and she was one of those base characters that of silver. pieces the sake of thirty being for suffering fellow would have jumped to betray a thinking that Jenny would inform Dr. Flint in less than four hours. twenty- Uncle Phillip was sent for, and he agreed with his mother in in mother his with agreed he and for, sent was Phillip In stepped Jenny, the mischievous housemaid, who had tried to enter my room, when I was concealed in the house of my white I benefactress. . . . had slunk entirely screened down me, behind but I . . . spot . directly at the a imagined that barrel, Jenny was which looking Uncle 322. Likewise, Likewise, some house slaves betrayed runaway slaves. Harriet 319 320 321. B 318. J M K ENNIS HOUSAND C Y Jacobs, who was a grandmother, domestic was servant.twice almost betrayed by secreted from her master in the house of her (1963)) (revealing the beliefs of slave Austin Steward). slave Steward). Austin beliefs the (1963)) of (revealing T Similarly, ex-slave Austin Steward house slaves. offered much criticism regarding of to age. fifteen years twelve slave girl, approximately young was a Beck 37–40 (2004). 2013] 2013] D Henry Bibb after escaping to freedom and writing his story claimed: and writing Henry Bibb after escaping to freedom the slaves by loyalty to her master its credibility. heavily lack for challenged of and mistress. 38. She considered herself a house slave and mistress, spent rather than the other slaves. vast majority of her time with her 34609-mqt_97-2 Sheet No. 60 Side A 03/17/2014 11:30:34 03/17/2014 A Side 60 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 60 Side B 03/17/2014 11:30:34

, A 325 M K PM

C Y 4:38 His His

IN THE , ICHOLS EARS A 327 Unwritten Y LAVE RESIDENT OF S P ONTAINING C ORTY F

, HILE 324 W HILST A HILST

, W

45, 47 (Langston Hughes AND , , AYDEN [97:2 [97:2 H EARS Y EARS LAVE note 111, at 91 (citing N S Y (Rochester, (Rochester, William Alling 1857)

note 111, at 90 (quoting OLKLORE F 32 ILLIAM ILLIAM supra

EVERAL W , S supra EST

EARS A , EGRO For an alternative version of the quote, see W UMBER OF Y

N N ESTER WO ESTER L -T

ANADA ANADA OOK OOK OF C B

, ARRATIVE ARRATIVE OF HE WENTY see also T RAVELS FOR A , N , T T in ORRESPONDENCE OF ONDON

C

MARQUETTE LAW REVIEW LAW MARQUETTE IS L note 326, at 77–78. 77–78. at 326, note

, H 323 ) 2/15/2014 note 41, at 114, 118. 118. at 114, 41, note AYDEN H TEWARD supra supra

S , note 37, at 62–63 (“[A] domestic slave will for the sake of his master and ELETE OLONY Hayden acknowledged informing on his brethren. his on informing acknowledged Hayden supra D

C , 326 OT ). MBRACING MBRACING A N CCOUNT OF CCOUNT supra ILLIAM ILLIAM

USTIN AYDEN E , O A

ONES ; Unwritten History, A H (D

supra . . 77–78 (photo. reprint 1969) (1846); L , -10 note 322, at 85). [M]any of them mischief-makers, who will, for the sake of the favor of his master are the or mistress, frequently betray his fellow slave, and by tattling, get most despicable him severely whipped; and tale-bearers for these acts . . . he is often rewarded and by his master, who knows it is for his interest to keep such ones about him; though he is reward, sometimes to obliged, send in him addition betrayed slaves. away, to for a fear of the vengeance of the They taught us [domestics] to be matter against where one you another would and go no would be tattling and would have the white folks pecking on you. you would always find make it soft for themselves. be trying to They would one that 324. On the other hand, Historian Norrece T. Jones has observed that 325. J 323 327 326. W The quotes from Bibb and Steward indicate that they, and likely ILBERFORCE ILBERFORCE PTHEKER ENNIS AITHFUL REEMAN OUTH concluding domestic slaves would “betray a fellow slave for little more than a hand-me-down garment or a flattering remark” is overblown. History & Arna Bontemps eds., 1958); motivation, though, was more significant than the mere receipt of prized mistress, frequently betray his he . fellow-slave . . is often rewarded by his master who knows it is for his interest stampedes are so generally detected. Such slaves are always treated with more affability than to keep such ones volcano.”). a stands over he that aware well slaveholder is the others, for about hence . him . . it is that insurrections and F S supra F W 326 326 D (detailing (detailing the beliefs of slave Austin Steward). A other slaves, believed Whites purposely cultivated informant behavior among domestic slaves, owners rewarded betrayals by house slaves, and owners believed what their trusted servants told them. A domestic slave confirmed their beliefs: proposition. The story of William Hayden, a domestic slave, supports Jones’ 34609-mqt_97-2 Sheet No. 60 Side B 03/17/2014 11:30:34 03/17/2014 B Side 60 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 61 Side A 03/17/2014 11:30:34 PM

4:38

328 327 327 At a minimum, they faced 330

329 A SNITCH IN TIME IN A SNITCH Part III.D. supra ) 2/15/2014 ELETE D OT (relaying the account of slave William slave Hayden). of account (relaying the discussion N

O (D

. Id. . Id. . See -10 hints, their every movement. That they had even then provided themselves with a file from the lot of Blacksmith tools on board, and that many were at that moment, free from their chains. This information I immediately ascertaining the truth of my carried statement, he had them again bound to my more firmly than ever. master; and after Sleeping in a room adjacent to the discerned enough from slaves, their conversation to who enable me to were know ironed, I that a mutiny was abroad, and that slaves, it in was order the to intention effect of their the freedom, to whites put on board,—and to that death I, all too, the was included,—owing to attention the that was paid me,—with cheerfulness with the them, however, I gathered from their detached doomed. By jests and 328 329 330 As a class, however, it is unclear that they were actually more likely Notwithstanding the firsthand accounts of slaves, without more data, M K ENNIS C Y opportunity and faced great because of proximity to owners who sought to use them as informants. pressure to betray their fellow slaves to inform or more slaves—including likely domestics—had to to be cognizant be of the informants repercussions than from other other Blacks. slaves if All they informed. arguably it is either speculative Black informants were domestic slaves or or that overwhelmingly domestic erroneous to conclude that slaves were most informants. Undoubtedly, domestic slaves special may or have had greater incentives to inform loyalty, than other preservation slaves (e.g., of owner status). They might have also had more

2013] 2013] clothing or owner favor: the rebellious planned to kill him along with all present Whites. slaves on whom he informed D who could have informed to do so. on incentive not another slave would have had strong ostracism and at worst, death, and their master may have been unwilling or unable to protect them from either. Further, at some point all slaves probably needed the benefit of a slave code of silence for much conduct could be deemed misconduct by owners. slaves might And have while some had domestic few probably had close relationships relations worth prioritizing. with other Thus, many slaves, domestics others 34609-mqt_97-2 Sheet No. 61 Side A 03/17/2014 11:30:34 03/17/2014 A Side 61 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 61 Side B 03/17/2014 11:30:34 M K PM

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According According 333 [97:2 [97:2 NFORMANTS By way of example, example, of way By I 331 The many infamous and and infamous many The 334 note 258, at 248). 98.

NFLUENCES OF NFLUENCES I supra

, Consequently, it is understandable if many many if understandable is it Consequently, note at 19, note 335 Part III. Douglass probably was not alone in his his in alone not was probably Douglass IGGINSON EGATIVE EGATIVE note 41, at 182, 191. 191. 182, at 41, note MARQUETTE LAW REVIEW LAW MARQUETTE 332 supra

N , supra ) 2/15/2014 HE supra supra

, T Part V. V. Part

ELETE D OUGLASS ONES OT J D VII. discussion N at 191 (citing H (citing 191 at O (D

. Id. . See . See . See supra . See -10 Some slaves distrusted their brethren due to their knowledge or By now it is clear that Whites undertook efforts to promote 334 331 333 Even for those slaves willing to contemplate organized resistance, If slaves distrusted each other, then Professor Norrece Jones’ claim 335 332 ENNIS contributed to division and distrust within, and inaction community during slavery. by, the Black suspicion. Whites intentionally sought to divide cadre slaves of informants and by, among develop other means, a favoring some slaves over others, rewarding the religious leaders provision to of detect slave information, misconduct. and using Black informing by Blacks, and that others some refused to do Blacks so. However, did ascertaining the extent of in informing fact and inform refusals and while other discerning elements such as who might be more or less likely impossible. to What inform can and also although more be nuanced definitive under conclusions preliminarily cannot be drawn, gleaned what is that from White circumstances the efforts to data, is promote informing and nearly Black informants themselves difficult it was to keep a rebellion-in-waiting from being betrayed and slaves completely avoided rebellious efforts expected their efforts to be unsuccessful. because they reasonably the few rebellions that were successful, in whole or part, reveal how less well-known rebellions that were squelched due to Black informants support this contention. escaped slave Frederick Douglass emphatically proclaimed: “The motto which I adopted when I was this—‘Trust started from slavery no man!’ I saw in every white man an enemy, cause and in almost for every colored distrust.” man

328 328 D topic. that the potential for betrayals did more to deter rebellions than the lack of weapons, information, or organization is not surprising. perspective, perspective, although he may have been the most public voice on the to Jones, as far as slaves were concerned, and as far rebellions were as always betrayed beforehand. appeared true, 34609-mqt_97-2 Sheet No. 61 Side B 03/17/2014 11:30:34 03/17/2014 B Side 61 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 62 Side A 03/17/2014 11:30:34

, , PM

See THE THE , 4:38

ERVICE S ULLY AND URNER F T Assuming Assuming ARK ARK P 337 AT Other slaves slaves Other AS AS N When the five five the When 347 343 VA.

ATIONAL , , N Turner provided no no provided Turner 344 Ultimately, Turner was was Turner Ultimately, 329 329 336 When he received the sign, sign, the received he When ONFESSIONS OF They all agreed to start the the start to agreed all They C 339 345 OUTHAMPTON HE S , T Slave Rebellions 3–4 (Richmond, Thomas R. Gray 1832). 1832). Gray R. Thomas (Richmond, 3–4

RAY http://docsouth.unc.edu/highlights/turner.html http://docsouth.unc.edu/highlights/turner.html (last 338

G , RAY

G

R. R. So, the group agreed on August 20, 1831, to August 20, 1831, to So, the group agreed on note 337, at 9–10. at 9–10. 337, note at 337, 10–11. note OUTH S A SNITCH IN TIME IN A SNITCH 342 A Rebellion to Remember: The Legacy of Nat Turner NSURRECTION IN HOMAS supra supra supra supra I , , T HOMAS They worked together to come up with plans but

T Turner then received another sign that told him him told that sign another received then Turner 340 & ) 2/15/2014 RAY RAY MERICAN MERICAN 341 ATE G G A L

& & ELETE ADE TO Their killing spree began and spread. and began spree killing Their D URNER M T 346 note 156, at 1860 n.300 (identifying various positions regarding the credibility OT at 10–11. Gray’s credibility in recording Turner’s confession is debated. (describing the meeting and preparation on the night of August 20th); Larson, N at 10. 10. at 11–14. at AT O URNER URNER (D

supra . Id. . Id. . Id. . Id. . Id. . Id. . Id. . Id. -10 note 336 (stating that the rebellion began on August 21, 1831). 1831). 21, August on began that rebellion the (stating 336 note 340 341 342 343 344 346 347 338 336. Jennifer L. Larson, 337. N 345. T Turner believed God had commanded him to rebel and that he was 339. T M K OCUMENTING THE OLUNTARILY ENNIS EADER OF THE C Y D the credibility of Turner’s confession to Gray, Turner’s version of events reveals the great lengths he went to in order to keep his plans secret and how luck was sometimes necessary to avoid other slaves to Whites. information revealing preemptively captured alive, and before his execution, Thomas Gray, who he officially recorded Turner’s confession. recounted the events to insurrection of Turner’s masterthat night—Sunday—at the house and in fact did so. supra L V rejected them all. met, they were joined by Will and Jack. 2013] 2013] forestalled. Such difficulty could serve as a strong disincentive The to Nat act. Turner Rebellion in 1831 Southampton, Virginia, is the well-known, most successful slave-led rebellion. D meet the next evening over dinner to finalize a plan. visited Oct. 21, 2013); U.S. Dep’t of Interior, they could wait no longer. he told “four in whom [he] had the greatest confidence, (Henry, Hark, Nelson, and Sam).” to not tell anyone until he received a sign. http://www.nps.gov/subjects/ugrr/discover_history/slave-rebellions.htm http://www.nps.gov/subjects/ugrr/discover_history/slave-rebellions.htm (last updated Sept. 6, 2011). explanation as to how Will and Jack came to be invited, except that Jack “was only a tool in the hands of Hark.” Brophy, Brophy, of Turner’s Gray’s of confession). taking 34609-mqt_97-2 Sheet No. 62 Side A 03/17/2014 11:30:34 03/17/2014 A Side 62 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 62 Side B 03/17/2014 11:30:34 M K PM

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Finally, Turner’s Turner’s Finally, 359 [97:2 [97:2 He hid in the woods for six 351 When the dog passed by the cave cave the by passed dog the When 352

By Wednesday, when no one had had one no when Wednesday, By 348 350 Second, the group was successful for quite quite for successful was group the Second, 357

356 MARQUETTE LAW REVIEW LAW MARQUETTE Turner sent two men (Jacob and Nat) to find find to Nat) and (Jacob men two sent Turner 349 ) 2/15/2014 ELETE D at 11–12. 11–12. at at 12–14. 12–14. at OT at 17. at 10–11. at at 14–15. 14–15. at N 14–15. at at 16–17. 16–17. at The two slaves ran off and Turner knew “they would betray” betray” would “they knew Turner and off ran slaves two The O Thus, it took some time for the White community to be put on on put be to community White the for time some took it Thus, 354 (D

Turner thought he was discovered and so made himself himself made so and discovered was he thought Turner 358 . Id. . Id. . Id. . Id. . Id. . Id. . Id. . See id. . Id. . See id. . Id. . Id. So he left that hiding place and was free for two more weeks weeks more two for free was and place hiding that left he So 353 -10 355 351 352 353 354 355 356 357 358 359 348 349 350 A number of factors arguably explain the relative success of Turner Eventually the group encountered White resistance that forced the ENNIS across and because other slaves did White not folks, either seem because they to had joined be the rebellion running or feared to the rebels. warn before being discovered. some time because it endeavored to kill every White person it came known. joined him and he saw White men riding around looking like they were searching for someone, Turner “concluded taken, Jacob and and compelled to Nat betray” had him. been

and his band. First, Turner anyone, and when eventually he did, he only did so to a close-knit, did small not initially reveal his group who kept his silence. intentions to 330 330 joined as they went along; the group numbered fifteen men, then about members. or sixty forty, then fifty D him. again, this time accompanied by cave. two slaves, the dog alerted to the notice and gather itself to respond. Even then, though, the response did not come because any slave betrayed the group. weeks and was only discovered due to a dog that came across where his Turner cave had a piece of meat. Henry, Sam, Nelson, and Hark and tell them to had meet him dinner where they the Sunday before. group to separate. success might have been primarily based on luck. While Turner and his co-conspirators were tight-lipped about their plan, there does not 34609-mqt_97-2 Sheet No. 62 Side B 03/17/2014 11:30:34 03/17/2014 B Side 62 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 63 Side A 03/17/2014 11:30:34 PM

note note 4:38

supra

, RENCH F See note 156, at 1825 & n.45, supra

331 331 note 337, at 10. Though Turner’s Vesey and his group of of group his and Vesey , Brophy, supra 360 , Turner, contrastingly, did not take take not did contrastingly, Turner, note note 317, at 37–41, 61–63 (discussing Beck’s RAY 361 ONCLUSION See, See, e.g. G

C

& supra 362

, note 156, at 1825 n.45. n.45. 1825 at 156, note VIII. A SNITCH IN TIME IN A SNITCH URNER note 81, at 129–31. 129–31. at 81, note Part VI. RENCH supra T F note 156, at 1825 n.45 (describing Moses’ role). He may have been supra supra with

) 2/15/2014 , See , supra ELETE D ENNETT OT B discussion N O (D

.Compare id. .Compare . See . See -10 362 360 How might the information herein inform our thinking today? With limited exception, scholars of any discipline have yet to 361 M K ENNIS C Y informing in particular Southern colonies or states or during particular time periods would be fruitful. Work might closely examine the use of informants for particular types of misconduct. comparison would be that Finally, of slave informants in an the South as compared interesting to the North, or on plantations in contrast to more urban or populated areas. Admittedly, there are patently significant differences between the Black community’s position today and during slave times that may undermine analysis of the present implications of history today. The most apparent robustly explore Blacks’ experience with informing, much slavery. Documenting and studying the socio-legal historical less experience during of Black Americans with informing affords scholars the opportunity to consider what these past findings Article offers the may beginnings of mean an historical for description, drawing on the number a of present. sources to broadly describe the This experience of and Black occasionally free Blacks, slaves, as informants. Undoubtedly, as this is not an exhaustive account, there Continuing generally is to more search historical for found and information work wherever wherever to it it leads be may research might might focus specifically. For instance, in-depth examination on be be done. one approach. Alternatively, 317, at 37–41, 61–63; Brophy, Brophy, 61–63; 317, at 37–41,

2013] 2013] appear to have been a strong effort to maintain silence, which stands in stark contrast to the controlled, large-scale planning effort of Denmark Vesey and his second-in-command. such significant measures, and happenstance was likely was not betrayed beforehand. the reason he D planned rebellion was not revealed before it began, it is worth noting against that other slaves slaves did charged testify with crimes. 1850, 1879. For example, a participant named Moses and an uninvolved house slave named Beck both testified. testimony); Brophy, motivated by criminal leniency and she by loyalty to her mistress. accomplices took great pains to control information flow to betrayal; yet, prevent betrayed they a were. 34609-mqt_97-2 Sheet No. 63 Side A 03/17/2014 11:30:34 03/17/2014 A Side 63 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 63 Side B 03/17/2014 11:30:34

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Part III.K. III.K. Part 35.

supra Communal Communal Consequences , [97:2 [97:2 e.g.

see, note 2, at 3, 2, at note supra

, Part II.A; note 3 (quoting Pittsburgh police commander: supra

note 3, at 12, 14 (discussing former law enforcement supra NFORMANTS I In contrast, the use of informants today is is today informants of use the contrast, In supra 364 see also see

, Moreover, individual and communal response response communal and individual Moreover, note 24, at 6–7. at 6–7. 24, note ROSS RIMINAL RIMINAL MARQUETTE LAW REVIEW LAW MARQUETTE 363 C This expansion of the government’s reliance on on reliance government’s the of expansion This

, C 365 ) 2/15/2014 & supra

, Part II.A. II.A. Part ELETE D ARNEY ATAPOFF LOOM OT B H N N but the narrow use of informants during slavery at least least at slavery during informants of use narrow the but O 366 (D

. See . See . See supra . See -10 note 2, at 652, 660–61; Hampson, Notwithstanding the distinctions, the historical snapshot developed 363 366 These resemblances lend support to referencing Black historical Second, rather than demonizing members of the Black community 364 365 ENNIS informants might be partially private explainable prosecution by and the the slavery, move growth in away the from number of crimes since community was limited to the benefited (White) mostsociety. necessary of circumstances that among Blacks was ambivalent impacts of informants in on the Black both community then and eras. today remain quite similar. Finally, the negative experience when considering modern informant law and policy. A few suggestions follow. First, we could justice system less recognize reliant on that informants is a not unprecedented. formal During criminal slavery, the government endorsement of informants in the Black

widespread, reaching all manner of collateral impacts. conduct and having widespread informing then and today. informants For then example, government-offered incentives societal and to justification inform for continue existed now—necessity—remains at present. during slavery the and same, and 332 332 distinction is that Blacks are no longer enslaved and so are not focused on the fundamental humanity. Rather, recognition they benefit from significantly more social and of legal their protections than during slavery, even if still individual marginalized. Additionally, and collective informing on fellow slave subjects poses greater informing on moral neighbors dilemma who than prey on the slavery, informing on seriously troublesome Blacks was sanctioned. community. Indeed, during herein reveals many similarities between the Black experience with D officers’ recognition of the necessity of informants); Natapoff, presents one model for government. presents one model for government. for holding an anti-cooperative ethic, we might understand that contestation is legitimately rooted and not abnormal. As Black during slavery, Black folks today, individually and on a communal level, do not speak supra evil”); necessary “Informers a are 34609-mqt_97-2 Sheet No. 63 Side B 03/17/2014 11:30:34 03/17/2014 B Side 63 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 64 Side A 03/17/2014 11:30:34

367 368 PM

4:38

Natapoff, Natapoff,

126–28;

note 2, at 129–30; note 2, at 69, 333 333 note 2, at 683–85. supra supra supra ,

note 2, at 690–92. at 2, 690–92. note , supra supra , supra supra , NFORMANTS I NFORMANTS fractionates the Black community by by community Black the fractionates It is apparent, then, that the slave slave the that then, apparent, is It I 369 371 A SNITCH IN TIME IN A SNITCH note 2, at 663–64. 663–64. 2, at note 689–90. 2, at note note 6, at 79–100 (summarizing the debate surrounding note note 14 at 111–18 (decrying the growth of the Stop Snitching RIMINAL RIMINAL RIMINAL supra supra supra supra , C , , , C supra supra ) 2/15/2014

Communal Consequences Communal

, , Communal Consequences Communal ELETE D ATAPOFF UTLER ATAPOFF N OT ILLIAMS Natapoff, N B N O and exposes Blacks to retaliation that the government is is government the that retaliation to Blacks exposes and (D

. See . See . See . See 370 -10 Relatedly, a final potential application of the history revealed herein 371 370. Natapoff, 368 369 367 What might explain this longstanding schizophrenia? Laws and the M K ENNIS C Y pitting community members, friends, and family members against each other; Communal Consequences Communal Consequences Communal informing); W

2013] 2013] with one voice on the topic. Viewpoints on snitching and informing are highly contested and deeply entrenched. On one hand, some argue that informing and government promotion prevent and solve crime, particularly Black-on-Black crime; and that the of informing is penalties for necessary not informing make to the decision to inform appropriate. D movement for movement its for increase crime). Black in unwilling or unable to prevent, thus making the stakes too high for the individual and community. informing may prove more history difficult helps than to expected. depolarize allows the Understanding for debate meaningful, surrounding community as a whole should endorse honest informing; informants whether Blacks should and conversation on engage in whether the practice; and how the the government should respond to Black the Black perspective—whether well-founded or not. is to the development of responses broad-based to the code Stop Snitching motto of community. and silence adhered Government to responses by have some been in varied, the including Black perspective and modern longstanding. and community ambivalence is old identical. The Black viewpoint are quite similar if experience of not law influence social behaviors and perspectives. are Norms transmitted from generation to generation. American society History has tells us long that been disunity quite in willing the to police Black Consequently, rebutting and Black community folks’ entrenched foment conceptions regarding by actively promoting informing. On the other hand, it is argued that informing leads to unnecessary and disproportionate incarceration of invites Blacks, and contributes to particularly government abuses, Black such as and police men; brutality unreliable convictions; 34609-mqt_97-2 Sheet No. 64 Side A 03/17/2014 11:30:34 03/17/2014 A Side 64 No. Sheet 34609-mqt_97-2 34609-mqt_97-2 Sheet No. 64 Side B 03/17/2014 11:30:34

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note 10, at 31–33, [97:2 [97:2 supra ., ERVS S OLICING P RIENTED O

. MARQUETTE LAW REVIEW LAW MARQUETTE MTY C ) 2/15/2014 ELETE D

FFICE OF Nonetheless, the solutions tend toward a utilitarian cost- utilitarian a toward tend solutions the Nonetheless, OT id. 373

O N O Yet none of these solutions adequately account for the the for account adequately solutions these of none Yet (D

372 . See . See -10 373 372 ENNIS the complexity of viewpoints and genuinely reflecting such in solution- different responses. however, might generate generating, benefit rationale, emphasizing physical safety decreased of informants, and penalties community benefit. for Understanding informants, (describing the creation of an anonymous tip program in Washington, Talking” D.C. and the campaign “Keep instituted by Snitching). the Baltimore Police Department in response to Stop 334 334 increased protection of witnesses and the enactment of public relations campaigns that encourage the reporting of crime and cooperation with police. D potential legitimacy of anti-cooperation and ambivalence robust social Blacks and hold moral recognize toward informing. that informing. Government deep officials mistrust of law enforcement discourages 34609-mqt_97-2 Sheet No. 64 Side B 03/17/2014 11:30:34 03/17/2014 B Side 64 No. Sheet 34609-mqt_97-2