Slavery in Illinois: Through the Eyes of Lydia Titus, Slave and Free Woman of Color

Abstract

The story of Lydia, a held in bondage in Illinois, dramatically illustrates the complexity of the national problem of slavery and shows that the lines historians have drawn between slave states and states can be misleading. Lydia was held illegally in Illinois as chattel property in violation of the Northwest Ordinance and territorial laws. She was, by one account, strong willed enough to refuse to become an indentured servant, as the law required for slaves brought to Illinois, and thereby gained her freedom through the courts. Lydia was twice kidnapped and falsely imprisoned while a woman, but was freed from her kidnappers, once by an Illinois court and once by a Missouri court. By following the life of Lydia Titus, the injustice and personal tragedy of slavery becomes clearly evident, as does her personal strength of will and perseverance.Lydia was brought into Illinois, then a part of Indiana Territory, as a twenty-four year-old on December 22, 1807, from Kentucky.1 Her master, Elisha Mitchell, was on his way to the part of Louisiana soon to become Missouri, to settle with his family and slaves.2 In addition to Lydia, Mitchell's slaves included Lydia's one-year-old daughter, Vina, as well as Bob, Matilda, and six year-old Hester.1 Mitchell's widow later stated that they were providentially detained in Illinois because of sickness and ice running on the Mississippi River.4 This alleged providential detention on the east bank of the Mississippi River lasted for almost a year and Mitchell rented land from George Valentine about five and a half miles from Harrisonville in present day Monroe County, Illinois, and occasionally hired out his Bob to work for John Byron making sugar troughs.A territorial law allowed Lydia and the other slaves to be brought into the free territory. The law, called An act concerning the introduction of Negroes and Mulattoes into this Territory was passed by Indiana Territory's General Assembly in 1805, and was intended to sidestep the Northwest Ordinance of 1787, which stated There be neither slavery nor involuntary servitude in the said territory.5 The act stated that slaves over age fifteen, such as Lydia, and their master were required to appear together before the clerk of the court of common pleas within thirty days of their arrival in the territory and mutually agree to a contract that stated the number of years the slaves agreed to serve the master.6 The clerk was required to record the contract in a book, usually called a register or Negro book, created specifically for that purpose.7 The indentured servants were to agree to the contracts, making it, in theory, voluntary servitude, and therefore not a violation of the Northwest Ordinance, but it seems unlikely that most slaves were given a legitimate choice. All slaves who refused to agree to the indenture contract were to be removed by their master from the territory within sixty days. If the master did not comply with this provision, the law stated he shall forfeit all claim and right whatever, to the service and labour, of such negroes or mulattoes.8Ichabod Badgley was a twenty-seven-year-old resident of St. Clair County when Lydia arrived in Illinois.9 He became acquainted with Mitchell and his slaves in February 1808 and advised Mitchell of the territorial law that required him to have his slaves indentured within thirty days or removed within sixty days. Elisha's wife, Jinsey Mitchell, stated in court in 1810 that Mitchell had appealed to Lydia to become an indentured servant in January 1808, but that she refused.10 This version of the story seems unlikely, since Mitchell probably would not have indentured his slaves unless he was planning on a permanent settlement in Illinois. Badgely told a different story and recalled that Mitchell told him that he had already been in Illinois seventy days and that he intended for Lydia to be after his death. …