George Washington Papers
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https://founders.archives.gov/documents/Washington/05-21-02-0178

To George Washington from Joseph Whipple, 22 December 1796

From Joseph Whipple

Portsmouth New Hampshire Decr 22d 1796

Sir

I had the honor to receive your letter of the 28th ultimo. I sincerely lament the ill success of my endeavours to restore to your Lady her servant on the request of Mr Wolcott—It had indeed become a subject of Anxiety to me on an Idea that her services were very valuable to her mistress and not readily to be replaced.1

My mode of proceeding then, was adapted to my feelings on the Occasion for I conceived that a Servant (in her employment especially) returning voluntarily of infinitely more value in the estimation of her employer than one taken forceably like a felon to punishment—wherefore I gave her notice—this notice however was not given until the Vessel intended to convey her in was on the point of sailing—nor would it then have been given had I not drawn from her an Acknowledgement of a desire to return before she knew I was authorized to send her back. It was the circumstance of her Acquaintence discovering her intention that defeated it.

I will now Sir agreeably to your desire send her to Alexandria if it be practicable without the consequences which you except—that of exciting a riot or a mob—or creating uneasy sensations in the mind of well disposed Citizens—the first cannot be calculated before hand—it will be governed by the popular opinion of the moment—or the circumstances that may arise in the transaction, The latter may be sought into and judged of by conversing with such persons without discovering the Occasion—so far as I have had opportunity I perceive that different sentiments are entertained on this subject. At present there is no Vessel bound for Alexandria or Philadelphia when there is for the former place, I shall (if practicable without such disagreeable consequences as I may think repugnant of your wishes) execute your directions.2 I have defered answering your letter some days to find out the present retreat of the Girl and yesterday discovered that she was lodged at a Free-Negro’s—that she is published for marriage agreeably to our law in such cases to a Mulatto. I have applied to the Officer who certifies the publication and required of him to withhold the certificate.3 The farther measures that may be proper I will give the utmost attention to.

It has been remarked that there are many servants who have escaped from the Southern States into Massachusetts and some to New Hampshire; If the practice increases, it will be very injurious to many Valuable Estates at the Southward, and such numbers of persons unused to providing for themselves will become miserable and a nuisance to the public. It were to be wished for the good of Society as well as for the individuals interested that some means could be adopted of a public nature to prevent this growing evil and that the abolition of this species of servitude should be gradual as has been heretofore contemplated. I shall in all cases in which my services may be acceptable to you be happy in rendering them & in executing your commands4—and am Sir with sentiments of the most perfect respect Your Excellency’s most obedt and most Hume Servant

Joseph Whipple

ALS, DLC:GW.

1Martha Washington’s dower-slave maidservant Ona (Oney) Judge had escaped to New Hampshire. At GW’s request, Treasury Secretary Oliver Wolcott, Jr., and Whipple corresponded about efforts to recover her (see GW to Whipple, 28 Nov., and n.2 to that document; see also GW to Wolcott, 1 Sept., and n.4 to that document).

2The New Hampshire Gazette (Portsmouth) for 24 Dec. 1796 reported that the schooner Industry had just cleared the port of Portsmouth and was bound for Philadelphia. In the summer of 1797, newspapers more frequently reported ship travel between Portsmouth and Alexandria, Va. (see New Hampshire Gazette [Portsmouth], 4 July 1797; see also Boston Price-Current and Marine Intelligencer, 22 Dec. 1796). Whipple was unable to recover Judge.

3During her early refuge in Portsmouth, Judge had met a free black man by the name of John (“Jack”) Staines (d. 1803). The “Act Regulating Marriages, & for the Registering of Marriages Births & Burials,” passed by the New Hampshire legislature on 15 Feb. 1791, ordered that “all persons desiring to be joined in marriage” publish their intention “at three several public meeting days or three Sabbath days in the respective towns … where the parties so desiring to be joined in marriage dwell or reside by the Clerks of such towns or places.” The law required couples to submit, to the judge or minister scheduled to marry them, a “Certificate of such publishment under the hand of the Clerk.” This act did not address interracial marriage, and New Hampshire never passed a law on that matter (Metcalf, Laws of New Hampshire, 1784–92 description begins Henry Harrison Metcalf, ed. Laws of New Hampshire, Including Public and Private Acts, Resolves, Votes, Etc. Volume Five, First Constitutional Period, 1784–1792. Concord, N.H., 1916. description ends , 689–90; see also Botham, Interracial Marriage description begins Fay Botham. Almighty God Created the Races: Christianity, Interracial Marriage, and American Law. Chapel Hill, N.C., 2009. description ends , 52–53). Whipple’s intervention impeded Judge’s application for a marriage certificate in Portsmouth. However, Ona and Jack traveled to Greenland, Rockingham County, N.H., where county clerk Thomas Philbrook recorded the couple’s marriage registration and provided the necessary documentation by 8 Jan. 1797. The New Hampshire Gazette (Portsmouth) for 14 Jan. 1797 announced the marriage of “John Stanes, to Miss Oney Gudge” (see also Dunbar, Ona Judge description begins Erica Armstrong Dunbar. Never Caught: The Washingtons’ Relentless Pursuit of Their Runaway Slave, Ona Judge. New York, 2017. description ends , 155–62, 222).

4No reply to Whipple from GW has been found. GW later sought assistance from Martha Washington’s nephew, Burwell Bassett, Jr., in recovering Judge, but his efforts proved unsuccessful (see GW to Bassett, 11 Aug. 1799, in Papers, Retirement Series description begins W. W. Abbot et al., eds. The Papers of George Washington, Retirement Series. 4 vols. Charlottesville, Va., 1998–99. description ends 4:237–38; see also Dunbar, Ona Judge description begins Erica Armstrong Dunbar. Never Caught: The Washingtons’ Relentless Pursuit of Their Runaway Slave, Ona Judge. New York, 2017. description ends , 165–69, 223).

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