Archives of Maryland
(Biographical Series)

Ben (b. ? - d. ?)
MSA SC 5496-51598
Slave Pardoned for Crime in Talbot County, Maryland 

Biography:

    Negro Ben was born into slavery in Talbot County, Maryland in the 18th century.  As a slave to Rachel Harrison of Talbot County1, Ben performed duties as a "labourer."2   On November 20, 1768, Ben was accused of attempting "to ravish" Eve Shanahan, a widow within the county. 3  He was allegedly "moved and seduced by the Instigation of the Devil" and "with force and arms at Talbot County afsd. (aforesaid) at his Malice propense and forethought wickedly willfully and feloniously in and upon a certain Eve Shanahan then and there being a White Woman within this province." 4  Ben  was then taken under the custody of Thomas Sherwood, "Gentlemen High Sheriff of Talbot County." 5

    Ben proclaimed his innocence by stating that he was not guilty of the crime and he was placed upon the mercy of the jury. 6  The court, however, agreed that he was guilty of the crime and was to be "carried to the prison from whence he came and from thence be drawn to the place of Execution and there hanged up by the Neck until he be dead." 7  According to the court, Ben was valued at "sixty pounds Current Money." 8  The act for "more Effectual Punishment," reads "when any Slave shall be Condemned to Suffer Death that such slave shall be Valued by the Justices of Assize or Either of them then Present or County Court according to the best of their Knowledge which said whole Value shall be paid by the Treasurer of the Respective Shoare." 9  If Ben was convicted, Rachel Harrison would by law, be entitled to a reimbursement.  

    The justices and jurors in the case were in favor of Negro Ben being pardoned. 10  Five justices of Talbot County wrote a letter to Governor Horatio Sharpe and decided that there was limited evidence against Negro Ben.  According to the justices, there had been "such uncertainty in it, that it was neither clear the said Ben was the Felon, (the attempt having been in the night and in an house without Light where Objects could not will be discerned), nor, if he was the Person, that his intention was to ravish." 11  As a group, they decided to "recommend him as a proper Object of Your Excellency's Pardon." 12

    In another letter to Governor Sharpe on March 13, 1769, the jurors of Talbot County wrote that Negro Ben was of "good character" and "the Attempt but small, and the Evidence not so clear as we could wish" did hope for a pardon to be granted to Ben. 13  According to the commission record, Upton Scott writes "we grant unto him (Negro Ben) Our firm Peace and will not that he Suffer any Corporal Punishment." 14  Governor Horatio Sharpe witnessed that Negro Ben was officially pardoned on April 11, 1769. 15  The court granted its pardon based on Negro Ben's good character and lack of evidence.
   
Endnotes:

1. TALBOT COUNTY COURT (Criminal Record) 1761-1767. Negro Ben. March Court 1769. MdHR Number 9081. MSA C1857-5.

2. Ibid.

3. Ibid.

4. Ibid.

5. Ibid.

6. Ibid.

7. Ibid.

8. Ibid.

9. ARCHIVES OF MARYLAND ONLINE, Proceedings and Acts of the General Assembly, 1737-1740, Vol. 40, Ch. VII, pg. 93.

10. ARCHIVES OF MARYLAND ONLINE. Proceedings of the Council of Maryland, 1761-1769. Negro Ben. Volume 32, Page 270.

11. MARYLAND STATE PAPERS (Series A) 1715-1783. Executive Papers: Petitions, Proclamations, and Pardons. Negro Ben, 1769. MdHR Number 9911. MSA S1004-298.

12. Ibid.

13. Ibid.

14. GOVERNOR AND COUNCIL (Commission Record) 1733-1773. Negro Ben. Folio 222. MdHR Number 4012-1. MSA S1080-4.

15. Ibid.
Researched and Written by Tanner Sparks, 2012.

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