On May 23, 1861 — six weeks after the first shots of the Civil War were fired at Fort Sumter — Virginia voters ratified the state's secession ordinance. Virginia no longer considered itself part of the United States of America.
That very night, three men — Frank Baker, Shepard Mallory, and James Townsend, who had been put to work building fortifications in Sewell's Point as slaves of Col. Charles K. Mallory — escaped and made their way to Fort Monroe, which was still flying the U.S. flag in Hampton, Virginia.
It was a big risk. They couldn't be certain what would happen when (and if) they reached their destination. At the time, the Fugitive Slave Act of 1850 was still in force. It stated in part that any slaves who escaped across state lines into free states were still legally considered the property of their slaveholders and must be returned. Escaped slaves had shown up at Fort Monroe before and been denied asylum.
