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- September 2001
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Prologue - When I first started my family history research, I had little more than my grandparents names to go on. So, following the standard advice to start with what you know, I started, in part, with the names John Francis Yeats and Agnes Maud Sherman who raised my mother and her siblings in Dunham, Quebec. I quickly learned about the many internet resources available to genealogists, including the Shermans of Yaxley and their web site.
I soon learned that Agnes’ parents, Linus Sherman and Jennie Galer had married in Dunham, Quebec and that all their children had been born in Vermont. This wasn’t much of a stretch. What caught my eye was the fact that they both died in Colorado Springs, Colorado. This peaked my interest. What had led them to make the move from their settled New England home to the pioneering atmosphere of the post Civil War west. In that moment, I had made the transition from bean-counting genealogist to family historian. It has been a fascinating quest.
The early years - Linus Sherman was born in Vermont -- most likely in Fairfield -- the youngest child of Elias Huntington Sherman and Clarissa Wilmarth. He left very little in the way of a paper trail behind him in his early years. He was well educated, for he attended Bakersfield Academy and the Burr and Barton Seminary in preparation for college. He attended Middlebury College in Middlebury, Vt., graduating in 1861 with an A.M. degree.
The war years - When the 9th Vermont Infantry was formed in 1862, Linus and his brother, Elijah Bernis Sherman, were among the first, if not the very first, to enlist; Linus in Company ‘A’ and Elijah in Company ‘C’. Initially, Linus was elected Lieutenant, but was later promoted to Captain. Several sources have said that he took part in all the action seen by Co. ‘A’ with the exception of the
the battle of Harper’s Ferry. At that time, he is reported to have been ill and a prisoner in Winchester, Va. What is certain is that he contracted malaria at some point during his military service, leaving him with permanent liver damage which qualified him for a disability pension. The annual medical reports that had to be submitted in support of this pension have provided an excellent paper trail. If Linus missed the battle of Harper’s Ferry, Elijah did not. He was photographed while the regiment was guarding prisoners in Illinois, the location to which the regiment was paroled until it was declared exchanged on January 10, 1863.
The post war years - After mustering out at the end of the war, Linus returned to Vermont. His first postwar employment that I have found was as principal of the Black River Academy during the 1866-67 academic year. At this time he married Jennie Galer in Dunham, Quebec in 1866. They had three children: Clarence Galer Sherman, born in 1867; Agnes Maud Sherman, born in 1869; Gertrude Clarissa, born in 1870.
Later, along with his brother, Alvah Francis Sherman, Linus bought a drugstore in Vermont from a doctor who was retiring. The two operated the store until 1875 when Linus sold his share of the store to his brotherand moved his family to Colorado.
The Colorado years - Looking back, I realize it must have taken some courage to leave New England and relocate the family to Colorado. The move may have been prompted by Linus’ declining health, but this is pure conjecture on my part. Certainly, once he arrived in Colorado, he did not live the life of an invalid. Colorado Springs had been founded in 1871, but by the time the Sherman family arrived it would still have been a very small frontier outpost. His first endeavors were mercantile. He is listed in the 1880 census as a grocer. Later he was admitted to the practice of law and for the rest of his career was a land lawyer. The discovery of gold in Cripple Creek in 1891 would have provided him with enough business to live comfortably for the rest of his life.
Much of his energy was devoted to the Grand Army of the Republic. He was one of the earliest members and rose through the organisation to eventually become commander of the Wyoming and Colorado Chapter. This position allowed him to adopt the title of General, which he used throughout the rest of his life.
Not everything was happiness during these years. His wife, Jennie, died in 1877, not long after their arrival in Colorado Springs. Linus continued to raise the children on his own until 1881 when he married for a second time, to Louise B. Gould. Louise had three children with Linus, but only one, Marion H., born in 1884, survived to adulthood. Of his three children with Jennie Galer, only one, Clarence, remained in Colorado. Both Agnes and Gertrude returned to New England. Agnes married a doctor, John Francis Yeats, first cousin of the Irish poet, William Butler Yeats, and settled down in Dunham, Quebec. Gertrude married and settled in Schenectady, NY. Clarence, although he remained in Colorado, married a woman from Vermont and later moved further west, to California. Marion also moved on to California where she was first a pharmacist, and later married and raised two children.
Once again Linus outlived his wife, for Louise passed away in 1901. Five years later and 25 years after his second marriage, Linus shocked and surprised all his friends by slipping away to Denver to marry Isabella (Pettit) Darraugh. It was a third marriage for both of them.
Although he suffered all his life from liver damage caused by malaria contracted during the war, Linus managed in the last year of his life to make one last trip to Vermont, to a reunion of his Civil War regiment. It was during this trip that he fell ill with what would prove to be his final illness. It seemed at the time that he would not survive the trip, but after visiting his daughter and son-in-law in Canada for medical treatment, he rallied enough to return home to Colorado Springs.
After his return, he became ill again, and this time his children were summoned. The Colorado Springs Gazette maintained a death watch from Feb 16 to Feb 17, 1912 - when he died. The following day they reported plans for his funeral, which included special buses to take the mourners to the cemetery. As befitting one of the founding members of the First Baptist Church of Colorado Springs and a long time deacon, it was one of the largest funerals ever seen in Colorado Springs at that time.
It wasn’t long before his widow moved away from Colorado Springs. For the remainder of her life, she would wage a constant battle with the Department of the Army to reinstate the widow’s pension which she forfeited when she married for the second time. Two of his children were living in the east and the remaining two in California. With the death of Linus, his line of the Sherman name disappeared from Colorado.
Hon. Samuel (imm.), Benjamin, Job, John, Ezra, Elias Hunington, Linus Elias, Agnes Maud m. Frank YEATS, Frances Agnes m. Logan GALLAHER, Margaret m. Willis BURWELL.
Roger Sherman Baldwin (1793-1863)
Defense Attorney for the Amistad Passengers
[Capt. John (imm), Joseph, William, Hon. Roger, Rebecca m: Simeon
Baldwin,
(him)]
By Deborah G. Williams (Dwilli1062@aol.com)
Remember the young defense attorney played by Matthew McConaughey in Stephen Spielberg’s 1997 movie, Amistad? In real life that character was Roger Sherman Baldwin, grandson of Roger Sherman, signer of the Declaration of Independence and delegate to the Constitutional Convention. For those who have never seen the movie, the story of the Amistad was one of the most compelling of the anti-slavery movement of the 19th century. It energized the fledgling abolitionist movement and intensified conflict over slavery, soured diplomatic relations between the United States and Spain for a generation, and created a wave of interest in sending Christian missionaries to Africa.
The Amistad’s tale begins in April 1839 with the purchase by a Portuguese slave trader of five or six hundred Mendians--men, women, and children. Setting sail from Nigeria aboard the Tecora and crossing the Atlantic’sinfamous "Middle Passage," only fifty-three Mendians had survived by the time the ship finally landed in Cuba, then a Spanish colony. Once in Havana, the remaining captives were sold openly in the slave market to Jose Ruiz and Pedro Montes, two Cubans who planned to sell them to a Cuban sugar plantation.
Although slavery was legal in many countries in the early 1800’s, laws and treaties in many nations such asGreat Britain, the Netherlands, and the United States had banned the importation of slaves. Despite this, a prosperous slave trade continued, and few traders were ever caught - due in part to deceptions like those played by Ruiz and Montes.
After the Mendians had been purchased in the slave market, Ruiz and Montes gave them Spanish names as part of their deception and designated them as "black ladinos," indicating that they had lived in the country long enough to know the language and customs. Accepting the trickery that the Mendians had been long-term slaves, they were placed on board the schooner, Amistad, and set sail on 28 June 1839, for Puerto Principe, a Cuban coastal town.
On July 1, the fourth night of the voyage, the Mendi mutinied and succeeded in taking control of the ship, killing the captain, some of the crew, and permitting others to escape in a small boat. They ordered the remaining Cubans to pilot the ship back to Africa, but as the Africans knew nothing of ship navigation, the Cubans were able to mislead them. They changed the course and direction of the ship one night from east to northwest and after sixty-three days, the ship landed on the shore of Long Island to obtain water and supplies. There, Ruiz and Montes immediately denounced the Africans as revolted slaves, pirates and murderers and claimed them as their property. The Mendians, who could not speak English or Spanish and thus could not communicate with anyone, were captured, arrested by U.S. government officials, and imprisoned in a New Haven jail. They were then brought before a federal judge, who set a trial date.
Since this matter involved a 1795 commercial treaty obligation between Spain and the United States (renewed in 1819), the Spanish Ambassador became involved and demanded that Martin Van Buren, then President of the United States, extradite the Mendians to Cuba to stand trial under Spanish law. Van Buren agreed, preferring not to alienate his southern pro-slavery support and ordered the Grampus, a Navy schooner, to transport the Mendians back to Cuba. However, since the matter had already been placed under court jurisdiction, Van Buren had single handedly denied the Mendians due process of the law and thus opened the way for a Supreme Court battle.
At approximately the same time, a small growing group of New England abolitionists saw the Amistad’s plight as an opportunity to advance their cause. They quickly formed the "Amistad Committee" and sought legal help. One of the attorneys whose expertise they enlisted was a Connecticut abolitionist who had a reputation for defending the downtrodden. That attorney was Roger Sherman Baldwin.
Roger Sherman Baldwin was born 4 January 1793 to Simeon and Rebecca (Sherman) Baldwin in New Haven, Connecticut. Baldwin’s father, {son of Ebenezer and Bethia (Barker) Baldwin} was a prominent attorney, mayor of New Haven, Congressional Representative, judge, and an outspoken opponent of slavery. As early as 1790, Simeon Baldwin and others founded the "Connecticut Society for the Promotion of Freedom and for the Relief of Persons Unlawfully Holden in Bondage." In 1791, he and President Stiles of Yale petitioned Congress "for the prevention of the horrors of the slave trade." Given his father’s fervent opposition to slavery, it is no wonder that Baldwin became an abolitionist early in his successful law career.
Part of Baldwin’s success as an attorney can be attributed to an excellent education. As a child, Roger attended both the common schools and the Hopkins Grammar School in New Haven and by 1811, he had graduated from Yale College with honors. After studying law in his father’s office, he took a course in the then famous law school conducted by Judges Reeve and Gould in Litchfield, Connecticut and passed the bar in 1814. Baldwin then began his own law practice in New Haven where he soon attracted attention. Known for his brilliant successes, his wide knowledge of the law, and his thorough command of the minutiae of his cases, he was considered remarkable for someone of his age and experience.
Throughout the Amistad case, Baldwin’s principal legal goal was to win the freedom of the Africans. According to Doug Linder of the law school at the University of Missouri-Kansas City, Baldwin’s arguments during the first trial were often narrow and based upon property law rather than moralistic, broad-based attacks on slavery itself. Baldwin argued that "no power on earth has the right to reduce [the Africans] to slavery" and that the United States should never stoop so low as to become a "slave catcher for foreign slaveholders." He did however, argue that Ruiz and Montes were the true criminals, not the Africans, and that the two Cubans "deserve the death penalty for piracy."
After hearing the opposing arguments, Linder continues, the judge decided that because the mutiny and murders occurred in international waters and did not involve U.S. citizens, the court had no jurisdiction to consider the criminal charges brought by Ruiz and Montes.
But, were they property? That was a matter that had to be decided in another court. The judge also ruled that the Africans were no longer to be considered prisoners, but they were to be detained until the next court could decide whether they were property and if they were property…who owned them?
The next trial began a few months later. Baldwin and the other attorneys for the defense were ready. They produced several witnesses to support their claim that the Africans were illegally imported from Africa and were therefore the property of no one.
Linder explains that one of the first witnesses they produced was a linguistics expert who testified that the captives did not speak Spanish as Ruiz and Montes had claimed, but instead spoke Mende, a West African language. Then two of the captives themselves recounted through an interpreter, their story of the capture, the voyage across the Atlantic, sale in Havana, the mutiny and finally their arrival in Long Island. Another witness further discredited Ruiz by stating that he had admitted that the Africans were not legal slaves. Finally, Baldwin introduced the deposition of Dr. Richard Madden, an abolitionist and the British antislavery commissioner in Cuba. Madden described how Cuban authorities "winked at the slave trade in return for $10 to $15 a slave," used fraudulent documents to deceive inspectors, and would without hesitation kill the Amistad captives should they be returned to Cuba.
On 13 January 1840, the judge hearing the case ruled in favor of the Amistad captives. In his decision he stated that the Africans were "born free" and kidnapped in violation of international law. They had mutinied, he said, out of a "desire of winning their liberty and of returning to their families and kindred." He ordered that the Africans be "delivered to President Van Buren for transport back to Africa," not Cuba. So, the Grampus sailed out of New Haven harbor without its intended passengers and Van Buren was described as "greatly dissatisfied."
Van Buren’s Administration appealed the court’s decision, but a Circuit Court judge affirmed it. Not giving up, Van Buren appealed the decision a second time. This time he went to the United States Supreme Court where he hoped to get a ruling that would support his sentiments. Since five of the nine justices were southerners who either owned or had owned slaves, he was optimistic.
With the Supreme Court hearing imminent, the members of the "Amistad Committee" decided to reinforce their defense team. They appealed to former United States President, John Quincy Adams, to join Baldwin in those arguments. Adams agreed.
On Monday, 22 February 1841, arguments before the Supreme Court justices began. Among the many spectators who came to view the proceedings was Francis Scott Key, author of the Star Spangled Banner. Key, who was at this time an attorney himself, gave the defense team of Baldwin and Adams some last minute encouragement and advice. But, having already successfully argued the case twice before, Baldwin was ready and with Adams at his side, they made an impressive team that did not disappoint.
The prosecution presented their side first. Attorney General Henry Gilpin’s argument centered upon the alleged deceit of Ruiz and Montes. He argued that the Court should not look into the Amistad’s papers and inquire as to their accuracy. Instead he asked the Court to accept them on their face value in order to show respect for another sovereign nation.
Then it was the defense’s turn. Baldwin went first and made many of the same arguments that had been successful in the previous two trials. Next, Adams went on the attack. He claimed that "Spain was asking the President to first turn robber…next turn jailer…and lastly to catchpole and convey (the Africans) to Havana, (and) to appease the vengeance of the African slave traders of the barracoons." He then attacked President Van Buren for ordering a naval vessel to stand ready in New Haven harbor. He attacked a southern intellectual’s defense of slavery and then he quoted the Declaration of Independence. "The moment you come to the Declaration of Independence, that every man has a right to life and liberty, an inalienable right, this case is decided. I ask nothing more in behalf of these unfortunate men than this Declaration."
But in the end, it was Baldwin’s arguments that the Court found to be the most convincing. Upon learning of the Court’s 7 to 1 vote to recognize the status of the Africans as free persons, Baldwin expressed pleasure at "the glorious result of our cause."
At last the case for the captives was won and they were free. The AmistadCommittee could now arrange for their return to Africa. On 27 November 1841, the surviving thirty-five Mendians accompanied by five missionaries and teachers who were going along at the African’s request, sailed from New York to their home in Sierra Leone.
After the trial, Baldwin continued his family’s tradition of political service. Having served as a member of the Connecticut State senate 1837-1838 and then member of the State House of Representatives 1840-1841, he became Governor of Connecticut (1844-1846). He was subsequently appointed as a Whig to the United States Senate to fill the vacancy caused by the death of Jabez W. Huntington and served in this capacity from 11 November 1847 to 3 March 1851. He was a member of the 1861 peace convention in Washington, D.C., whose goal was to devise a means to prevent the impending war.
Roger Sherman Baldwin married 25 October 1820 in New Haven, Connecticut, Emeline Perkins, daughter of Enoch and Anna (Pitkin) Perkins. They had nine children. Roger died on 19 February 1863 in New Haven, Connecticut and was buried there in the Grove Street Cemetery.
SOURCES
Biographical Directory of the
United States Congress 1774-Present.
Baldwin, Roger Sherman (1793-1863). 11/24/2000.
Biography: Roger Sherman Baldwin.
11/24/2000.
Famous Trials, The Amistad Incident.
02/05/2001.
Linder, Doug. The Amistad Case,
University of
Missouri at Kansas City. 06/30/2001.
New Haven Congregationalists, Abolition,
and The Amistad
Event. 11/24/2000.
Fort Delaware is located on Pea Patch Island on the Delaware River. An old colonial era legend says that a boat loaded with peas ran aground and the peas sprouted in the sandy loam. An earthwork was constructed in 1813 and later dismantled. In 1819 a masonry fort was constructed. It caught fire and was demolished in 1833.
In 1847 Congress passed an appropriation of one million dollars to construct the largest modem fort in the country, surpassing Fort Sumter in size. Construction started in 1848 and an additional one million was appropriated. The fort was activated in 1859. Its walls are made of solid granite and brick, and are 32 feet high. They vary from seven to thirty feet in thickness. The fort is also surrounded by a moat.
Most of the Confederates captured at the Battle of Gettysburg were sent to Fort Delaware. In August of 1863, 12,500 prisoners were housedthere, from Generals like James J. Archer to Privates like Peter Conrad Sherman. Peter was in Company F. of the 5th Virginia Infantry and died at the Fort on January 31, 1865. He had enlisted on March 15, 1862. In total 2900 died.
William Frederick Sherman enlisted on March 10, 1862 in Company H. of the same regiment and was also captured and taken to the fort. He was severely wounded in his left arm at Gettysburg on July 3, 1863 and was captured at South Mountain on the 4th. He was sent from the fort to be exchanged at City Point, Virginia. He was captured again at Spotsylvania on May 2, 1864 and returned to Fort Delaware. He was released on June 10, 1865, after he agreed to sign the Oath of Allegiance. His brother George Sherman was in Company A of the 62nd Virginia Infantry.
One of the Union guards stationed at Fort Delaware was Captain Edgar Jay Sherman. He enlisted in 1862 as a private, but was elected Captain by the Company. In 1863 he fought at Port Hudson near New Orleans. He was brevetted Major for gallant and meritorious service. He later served on Pea Patch Island and was mustered out on October 27, 1864.
The following are a few "Union" Shermans who served at Gettysburg:
Marshall Sherman of Company C, 1st Minnesota Regiment captured the flag of the 28th Virginia Infantry on July 3, 1863. On December 1, 1864 he received the Congressional Medal of Honor.
Jacob Sherman of the 126th New York was shot on July 3, 1863 and died on the 26th in Seminary Hospital.
Alfred T. Sherman of the 97th New York died on July 1,1863.
B.G. Sherman of the 61st Ohio was killed on July 2, 1863 and is buried in Evergreen Cemetery at Gettysburg.
Israel G. Sherman enlisted on August 14th for three years, in Co. F, 5th Regiment of the New Hampshire Volunteer Infantry and was seriously wounded. He was shot through the left lower Lumbar region and the bullet exited on the right. He was discharged for disability on December 2, 1863, after months in a hospital. I don’t think he ever fully recouped, as he is one of a few of my Sherman’s for whom I cannot find a marriage record. He was a brother to Benera Sherman, my g-g-grandfather.
[Ed: Ft. Delaware has a visitor’s website at www.threeforts.com . There is also a Ft. Delaware Society, who are the archivists for the history of the Fort. Martha Bennett, of that organization, kindly forwarded the list of Sherman prisoners they have in their archives. That list appears below.]
Confederate "SHERMAN" Soldiers who were incarcerated at Fort Delaware
T. C. Pvt Co. "F", 5th VA admitted to hospital 24 Jan 1865, disc. 31 Jan 1865
Peter Conrad Pvt Co. "F", 5th VA captured 12 May 1864, died 31 Jan 1865
T. T. Pvt Co. "C", 6th NC captured at Gettysburg on 3 July 1863
J. W. (Shurman) Pvt Co. "E", 42nd GA admitted to hospital & died on 9 Mar 1864
W. D. Pvt Co. "F", 33rd VA admitted to hospital 19 Mar 1865, discharged 28 Mar 1865
Wheeler Cpl Co. "L", 33rd VA Inf captured at Spottsylvania, May 1864
William Pvt Co. "H", 5th VA Inf captured at Spottsylvania, May 1864
William F. Pvt Co. "H", 5th VA Inf Born
at Mt. Crawford. Enlisted
10 Mar 1862 at New Market. Enlisted again in Rockingham County, 3 Aug
1863.
Wounded in the Right Arm at Chancellorsville. Severely wounded in the
left
arm at Gettysburg, 3 Jul 1863. Captured at Gettysburg, 4 Jul 1863.
Returned
Feb 1864. Captured again 12 May 1864. Sketch states that at Ft.
Delaware
in 1863 he received great kindness from Dr. Tucker, the attending
physician
in charge of his case. Released 10 Jun 1865. Married Lucretia M. Miller
in 1867. Postmaster and agent of the B&O RR at Ft. Defiance,
Augusta
Co. in 1885. Died at Iron Gate, Alleghany Co. on 18 Jun 1890.
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