Thomas Sims was an

African American African Americans (also referred to as Black Americans and Afro-Americans) are an ethnic group consisting of Americans with partial or total ancestry from sub-Saharan Africa. The term "African American" generally denotes descendants of ens ...

who escaped from slavery in

Georgia Georgia most commonly refers to: * Georgia (country), a country in the Caucasus region of Eurasia * Georgia (U.S. state), a state in the Southeast United States Georgia may also refer to: Places Historical states and entities * Related to the ...

and fled to Boston, Massachusetts, in 1851. He was arrested the same year under the

Fugitive Slave Act of 1850 The Fugitive Slave Act or Fugitive Slave Law was passed by the United States Congress on September 18, 1850, as part of the Compromise of 1850 between Southern interests in slavery and Northern Free-Soilers. The Act was one of the most con ...

, had a court hearing, and was forced to return to enslavement. A second escape brought him back to Boston in 1863, where he was later appointed to a position in the

U.S. Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United State ...

in 1877. Sims was one of the first slaves to be forcibly returned from Boston under the Fugitive Slave Act of 1850. The failure to stop his case from progressing was a significant blow to the

abolitionists Abolitionism, or the abolitionist movement, is the movement to end slavery. In Western Europe and the Americas, abolitionism was a historic movement that sought to end the Atlantic slave trade and liberate the enslaved people. The Britis ...

, as it showed the extent of the power and influence which slavery had on American society and politics. The case was one of many events leading to the American Civil War.

Early life and family

Sims was born in Georgia to James Sims and Minda Campbell, both slaves under rice planter James Potter.David, Robert S. (February 5, 2017). "Thomas Sim's epic struggle for freedom". ''Chattanooga Times Free Press''. Retrieved October 29, 2018. The exact date of his birth is unknown, but it is estimated to be around 1828. He had several brothers and sisters, including James M. Simms, another notable African American of the time.Martin, Susan (February 2018). ""They belonging to themselves": Minda Campbell Redeems Her Family from Slavery". ''Massachusetts Historical Society''. Retrieved October 29, 2018. Before his escape, Thomas Sims worked as a bricklayer for Potter. During this time he also married and had children with a free African American woman.

Escape from slavery

Sims made his escape on February 21, 1851, by stowing away on the M. & J.C. Gilmore. He was 23 at the time. On March 6, right before the ship's arrival to Boston, the ship's crew discovered Sims. Sims tried to convince them that he was a freed slave from Florida, but the crew did not believe him and locked him up in a cabin. Sims escaped before authorities came, and from then until his arrest in April, he stayed at 153 Ann Street, a boarding house for African American

sailors A sailor, seaman, mariner, or seafarer is a person who works aboard a watercraft as part of its crew, and may work in any one of a number of different fields that are related to the operation and maintenance of a ship. The profession of the s ...

. According to newspaper reports of the time, he “made no effort to conceal himself” while living there,"Arrest of Another Fugitive Slave". ''Boston Daily Evening Transcript''. April 4, 1851. Retrieved October 29, 2018. but was not caught until he sent his address to his wife asking for money.

Arrest and trial

Once James Potter, Sim's owner, realized Sims whereabouts, he sent his agent, John B. Bacon, to capture Sims. Bacon coordinated together with Seth J. Thomas and the authorities of Boston, including U.S. Commissioner, George T. Curtis. On April 3, 1851, Sims was arrested. There was a struggle and one of the policemen assigned to the case, Asa O. Butman, was stabbed by Sims in the thigh. The trial took place three days after his arrest and garnered much attention from the abolitionists and people of the North. Extra precautions were taken at the Court House. Between 100 and 200 policemen were stationed and chains were placed around the courthouse to prevent the crowds from swarming the building. Unintentionally, however, the chains became a symbol of the influence of slavery in the North. Individuals who needed to enter the Court House had to crouch under the chains, and as

Henry Longfellow Henry Wadsworth Longfellow (February 27, 1807 – March 24, 1882) was an American poet and educator. His original works include "Paul Revere's Ride", ''The Song of Hiawatha'', and ''Evangeline''. He was the first American to completely transl ...

put it, "Shame that the great Republic, 'the refuge of the oppressed,' should stoop so low as to become the Hunter of Slaves." Chief Justice Wells was one of the few who refused to bend down to cross as he believed it lowered both his dignity and that of the city of Boston. The "trial" (Commissioner Curtis was not a judge) that followed was a matter of whether personal property or individual liberty prevailed in the end. Each side tried to explain why one was predominantly superior over the other, with differing viewpoints presented throughout the case. The prosecution produced the papers that showed that Sims was a former slave and called witnesses to attest to this fact. The defense had a harder time as the terms of the Fugitive Slave Act favored the prosecution of the case. The Fugitive Slave Act stated that the testimonies of escaped slaves on trial could not be used as actual evidence in the hearing, but because the act also required a trial in a "summary manner," there was not adequate time for the defense to find their witnesses. In Robert Rantoul Jr.'s opening statement for Sims, he tried explaining that the Constitution did not allow for people bound by service to be sent back without full proof, which was not being given at the moment. Sims' lawyers attempted to buy him more time, claiming that Sims was still a free man by being in Boston and questioning the Commissioner's authority to remand Sims, when he was not even a judge. Commissioner Curtis gave them the weekend to continue preparing for the case, as he wanted be fair and allow them to present a more thoroughly fleshed out case for Sims. Later, Rantoul argued the 5th Amendment to the court, claiming that Sims was being deprived of his rights to life, liberty, and property. He also attacked the constitutionality of the law itself, trying to find something to be able to let Sims go free. The Boston Vigilance Committee looked to find some way to help free Sims while outside of the courtroom, and tried to think of everything that they could in order to help at least give Sims more time. They attempted to submit a writ of replevin and to ask for

habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...

, but neither succeeded, one because of problems with feasibility and the other because Chief Justice Shaw dismissed their calls for it. At the conclusion of the case, the court ruled that Sims would be sent back to the South. Commissioner Curtis stated that he would have liked to pass on the duty to an actual

tribunal A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title. For example, an advocate who appears before a court with a single ...

, but there were none available and thus, he had to do it. Sims was officially labeled a slave of James Potter and if the Georgia courts wanted to reexamine the case after Sims was returned, they were allowed to.

Return to slavery

Following the court trial, Sims was sent back to Georgia against the strong protests of abolitionists. The

Boston Vigilance Committee The Boston Vigilance Committee (1841–1861) was an abolitionist organization formed in Boston, Massachusetts, to protect escaped slaves from being kidnapped and returned to slavery in the South. The Committee aided hundreds of escapees, most ...

, which had previously helped

Shadrach Minkins Shadrach Minkins (c. 1814 – December 13, 1875) was an African-American fugitive slave from Virginia who escaped in 1850 and reached Boston. He also used the pseudonyms Frederick Wilkins and Frederick Jenkins.Collison (1998), p. 1. He is known fo ...

, another fugitive slave, escape the custody of U.S. Marshals, became desperate and came up with multiple plans to free Sims, including placing mattresses under Sims' cell window so that he could jump out and make his getaway in a horse and chaise. The sheriff, however, barred the window before they could act. On April 13, Sims was marched down to a ship and returned to Georgia under military protection. Sims exclaimed that he would rather be killed and asked for a knife multiple times. Many people marched in solidarity with Sims to the wharf. Upon his return to Savannah, Sims was publicly whipped 39 times and sold in a

slave auction A slave market is a place where slaves are bought and sold. These markets became a key phenomenon in the history of slavery. Slave markets in the Ottoman Empire In the Ottoman Empire during the mid-14th century, slaves were traded in special ...

to a new owner in

Mississippi Mississippi () is a state in the Southeastern region of the United States, bordered to the north by Tennessee; to the east by Alabama; to the south by the Gulf of Mexico; to the southwest by Louisiana; and to the northwest by Arkansas. Miss ...

Later years

Afterwards,

Charles Devens Charles Devens Jr. (April 4, 1820 – January 7, 1891) was an American lawyer, jurist and statesman. He also served as a general in the Union Army during the American Civil War. Early life and career Born in Charlestown, Massachusetts, Devens g ...

, the U.S. Marshal who was ordered to return Sims to Georgia, unsuccessfully tried to buy Sims' freedom. Sims was able to escape yet again, and returned to Boston in 1863 during the

Civil War A civil war or intrastate war is a war between organized groups within the same state (or country). The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government policies ...

. Devens, however, did not forget about Sims, and when he became U.S. Attorney General in 1877, Devens appointed Sims to a position in the

Reactions

The "Sims Tragedy" was a major controversy among the abolitionists in Massachusetts and drew sympathy from many other abolitionists, as well. The following year, in 1852, his arrest and trial were remembered in a church ceremony featuring Reverend Theodore Parker. Three years after Sims' arrest, Judge Edward G. Loring ordered another fugitive slave, Anthony Burns, back to slavery in Virginia. Sims' and Burns' cases are often compared, and, similar to Sims, Burns was escorted by the U.S. Marines to a ship headed for Virginia. By the time of Burns' deportation, his cause had become so famous that 50,000 people watched federal officers take him to the wharf. Within two years, Burns was back in Boston after the abolitionists raised $1,300 to pay for Burns' freedom.

References

External links

Library of Congress: Trial of Thomas Sims on an issue of personal liberty, April 7-11, 1851
{{DEFAULTSORT:Sims, Thomas 19th-century American slaves History of Boston Year of birth uncertain 1830s births 1902 deaths Fugitive American slaves African-American history of Massachusetts Fugitive American slaves returned to their owners 20th-century African-American people