The Long Road to Freedom: The Story of the Enslaved Polley Children

By James L. Hale

The intriguing story of the Polley family. After being emancipated, Douglas and Peyton Polley worked tirelessly to purchase their families freedom. They moved to the free state of Ohio, the promised land; only to be kidnapped and resold into bondage. Thus started the saga of the longest running slave trial in United States history.

• Language: English
• Publisher: Lulu Publishing Services
• Release date: Jul 16, 2014
• ISBN: 9781483413709

Book preview

THE LONG ROAD TO

FREEDOM

THE STORY OF THE ENSLAVED POLLEY CHILDREN

JAMES L HALE

Copyright © 2014 James L Hale.

All rights reserved. No part of this book may be reproduced, stored, or transmitted by any means—whether auditory, graphic, mechanical, or electronic—without written permission of both publisher and author, except in the case of brief excerpts used in critical articles and reviews. Unauthorized reproduction of any part of this work is illegal and is punishable by law.

Cover photograph: Norma Jean Polley Fullen at the Polley Children trial April, 6, 2012 Wayne Co. West Virginia

Photo courteous of the Ironton Tribune

ISBN: 978-1-4834-1371-6 (sc)

ISBN: 978-1-4834-1370-9 (e)

Because of the dynamic nature of the Internet, any web addresses or links contained in this book may have changed since publication and may no longer be valid. The views expressed in this work are solely those of the author and do not necessarily reflect the views of the publisher, and the publisher hereby disclaims any responsibility for them.

Any people depicted in stock imagery provided by Thinkstock are models, and such images are being used for illustrative purposes only.

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Lulu Publishing Services rev. date: 06/27/2014

Contents

Introduction

Freedom

The Kidnapping

To The Farm

Slave Trade In Kentucky

The Chase

The Trials

Searchers

Finding of Facts

Conclusion of Procedural Law

Discussion of the Law

Conclusion of Substantive Law

Decree of Freedom

Closing Statement

The Kidnappers Karma

Justification

Depositions

Conclusion

Bibliography

Endnotes

THIS BOOK IS DEDICATED TO OUR ANCESTORS; THE CHILDREN OF PEYTON POLLEY

JOHN POLLEY

BETSY POLLEY

NATHAN POLLEY

SPENCER POLLEY

HULDA POLLEY WHITE

DOUGLAS POLLEY

PEYTON POLLEY Jr.

HARRISON POLLEY

NELSON POLLEY

LOUISA POLLEY SMITH

ANNA POLLEY VINSON

MARTHA POLLEY MULLENS

WILLIAM POLLEY

JAMES POLLEY

Introduction

I t is believed that human life begins at birth and ends with death but things are not always as they seem. We are born with a spirit, soul or force that drives us throughout our lives. Some may attribute this spirit to simple characteristics which are passed down through genetics but there is more to it than that. There is a space in the soul that carries forth a story which meshes us to our ancestors and our families. We can all feel it deep within when we learn and read about our ancestors, the feeling that were there, it creates a driving force that keeps us digging to discover more about our past. When we are with our families these forces combine and the drive to complete the stories of the past expands because it is through the knowledge of the past and building of the spirit that we are propelled into the future. This is a story about the force of the Polley family. A story of the perseverance that bonds us and pushes us for ward.

Written by J Craig Hale

Freedom

P ikeville Kentucky 1839, David Polley and his servant, Dug, walked toward the courthouse seeking Mr. Rice an attorney. Approaching the jail, they see Henry C. Harris Esq. on the veranda. David spoke with Mr. Harris about transcribing a will. After the discussion Dug hands Mr. Harris a white handkerchief with a handwritten paper folded inside. Mr. Harris opened the handkerchief, unfolded the paper and read the contents of David’s will. After reading the will he refused David’s request. He told David, his Negro servants had too much influence over him.

David asked Mr. Harris if he knew the whereabouts of Mr. Rice? Harris answered that attorney Rice was in Mr. Mims office, in the courthouse. They went to Mr. Mims Office. After speaking with attorney Rice about transcribing the will, Dug handed Mr. Rice the handkerchief with the will inside. After reading the will, Mr. Rice agreed to write the will, for David Polley.1 (November 7, 1839 attorney Rice recorded and filed a will on behalf of David Polley in Pike County, Kentucky.)

David Polley’s wife, Elizabeth, died in the winter of 1839, after the will was filed.

THE WILL OF DAVID POLLEY

In the name of God: Amen. I David Polley of the County of Pike, in the state of Kentucky being of perfect mind and sound and disposing memory; but knowing that all men must die by these presents do make and publish this as my last will and testament. First of all, I recommend my soul to God who gave it and my body after death a decent Christian burial, and as to the worldly goods which it has pleased God to help me I will in direct that the same be disposed of in the manner following:

1. I desire that all my debts be paid by my executor here in to be named out of my estate

2. After death I will and direct my slaves to wit; Dug, Peyton, William, Jude, Mariah, John and Spencer to be free and liberated from all servitude.

3. As to all my personal property of every description whereas even after my death I will and devise to my beloved wife Elizabeth Polley during her life, but should she at any time attempt to squander or dispose of any of the property otherwise for her own comfort and support then I desire and direct my executor herein after named sell and dispose my property and pay to my wife one third of my estate.

4. After the death of my said wife I will and bequeath to my servants the above named, and by this will to be liberated at my death, all the estate both real and personal which I may have at the time of my death hereby after the death of my said wife, making them my sole and entire legatees

5. I do hereby; constitute and appoint James Bevins of the County of Pike my lawful executor hereby revoking all former wills or wills which I have made or published hereby certifying and publish this as my last will and testament.

Where with my hand this seventh day of November 1839 David Polley

January 1847 David Polley dies and our story begins.

After the reading of the will of David Polley, his family filed a law suit in protest. Contesting the will, were David Polley’s, daughter Nancy Polley Campbell, her husband David Campbell. David Polley’s, brother-in-law William Justice, the father of notorious slave trader David Justice. These three becoming plaintiffs in a lawsuit against the servant heirs; Dug, Peyton, William, Jude, Mariah, John and Spencer Polley.

The trial was to be held August 6, 1847 but before the court date a settlement was reached. The Campbell’s were awarded $500 after the sale of the land, a cow, a featherbed, furniture, and a corn crop in the field. This was everything the Polley slaves had inherited except their freedom. The Polley heirs were also penalized with the court costs.

The free Polleys hired themselves out working around Pike County saving money for the next eighteen months.

Forward to January 20, 1849

Brothers Peyton and Dug Polley went in search of Mr. Joseph Fulkerson, Fulkerson’s son, and Colonel Powell to write a bill of sale and witness the signatures, for the purchase of Peyton’s oldest daughters, Betsy and Hulda from the Campbell’s. They came upon Joseph Fulkerson on the road and asked him where were his son and Colonel Powell. Mr. Fulkerson told Peyton that his son was busy and Colonel Powell was at home taking care of his sick wife, but he would accompany them. Peyton, Dug and Fulkerson proceed to the Campbell’s home.

Nancy Campbell had become outraged with her husband David’s drinking, wasting money, and losing their assets. David had amassed many creditors and more debt than he could pay. As these trends continued, her concern grew for her beloved nanny Violet and Violet’s children. She had become aware of David’s creditor’s plan to seize the servants as collateral for debts owed. She convinced David to sell the children to Dug, their uncle, because she knew Dug would carry out her wishes to emancipate and liberate them in the Free State of Ohio.

Upon arrival at the Campbell’s home Peyton, Dug and Mr. Fulkerson were welcomed and began negotiating for Peyton’s two daughters. An agreement was made for $80 but there was a disagreement about $15 that had already been paid by Peyton Polley, to David Campbell. This issue was quickly resolved but was questioned by Mr. Fulkerson. Fulkerson thought the girls were worth $1000. Campbell said he knew their worth but he only wanted reimbursed for what it took to raise them, and he thought the price was fair. Fulkerson wrote the bill of sale to Peyton for both girls. Having heard the negotiations going on Violet, Peyton’s wife, was asked by Campbell what she thought. She answered that she also wanted to be free. David Campbell knowing, Peyton had no more money asked Dug how much he would give for Violet and Peyton’s other eight children. Dug replied he did not know how much they were worth. He asked Campbell how much he would take for them. Campbell replied five dollars. Mr. Fulkerson stated he feared this would seem to be a fraud to Campbell’s creditors. Campbell and Dug left the house to discuss the matter in private. When they returned into the house Dug reminded Campbell of the $250 Campbell owed him. Dug told Campbell he would let him keep the $250 and he would give him a note for another $250 plus a five dollar gold piece for Violet and Peyton’s eight children. An agreement was reached and Dug gave Campbell a five dollar gold piece, Mr. Fulkerson wrote Dug a Bill of Sale as follows.

Know all men by these present come greeting, that we David Campbell and Nancy his wife of the County of Pike and the State of Kentucky do bargain and sell onto Douglas Polley one black woman named Violet 38 years, one black boy named Dugla 15 years, one black boy named Payton age 13 years, one black boy named Harrison age 10 years, one black boy named Nelson age 8 years, one girl name Anna age 4 years, one black girl six years, one black girl age 2 years, for