For Week 22 of the 52 Ancestors in 52 Weeks challenge I’m covering the topic of Conflict. I’d prefer to share a story where my ancestor was engaged in a conflict and came out on top -- David against Goliath….but this isn’t that tale. This is the story of how my 4th great-grandfather, Stephen D. Turner, broke the law and forced a crew member who actually had a moral compass (something ‘ole Stevie clearly lacked) to break the law at gunpoint. He was a giant turd and a morally bankrupt man.
Captain Stephen D. Turner (the D is for Dumaresque, though I can think of a few more fitting names that start with D) was a sea captain from a wealthy and prominent Boston family. He’s mentioned in several Boston newspapers during his brief life, most often as the ship’s captain of the merchant vessel the Warrington. It was on one such merchant ship, the Mount Etna, where he had a conflict with Mr. Samuel Spencer, a member of his crew. The incident, which occurred in 1810, is recounted in this statement taken by Henry A.S. Dearborn, who was a lawyer and a statesman. Dearborn sent it to the Secretary of Treasury, Albert Gallatin. I found this surprising documentation on the National Archives Tumblr account, when I did a web search for Stephen D. Turner. The Tumblr account provided a link to the original National Archives source which contains an entire packet of documentation about this incident. Mr. Spencer’s statement is one piece of the puzzle.
In his statement, Spencer accuses Captain Turner of illegally engaging in the slave trade and forcing him at gunpoint to build berths for the slaves. The Act of Prohibiting the Importation of Slaves of 1807 made it illegal to import new slaves into the United States, though smuggling still occurred. It is estimated that as many as 50,000 slaves were illegally imported after the legislation went into effect, mainly through territories like Florida and Texas before they were admitted into the Union. Spencer’s first-hand account provides us with specific details about the lengths ship owners and captains went to in order to engage in this most reprehensible form of smuggling.
I Samuel Spencer
Declare that the Brig Mount Etna, owned by Jabez Lord of Boston, Stephen D. Turner, Master, left Boston on the 17th of December 1809 for Rio de Janeiro but went directly to Fayal where she arrived on the 2d or3d of January 1810. That in three days after the vessel arrived at Fayal the master told me and others that the vessel was going to the coast of Africa, for slaves, but it was necessary to change the colours and get a Portuguese master to evade the laws of the United States, but that the vessel would be still owned by Jabez Lord; and he understood that Dunham a partner of Lords, Frazier, of Boston and Ogden of New York were likewise part owners, that he should still act as master, and asked if we would consent to sign new shipping papers for the intended voyage to Africa, and from there to Havana. J. Hilman, Augustus Rignian & myself refused to make a new agreement, having shipped at Boston to go to Rio de Janeiro, from there to Canton, and back to a port of discharge in the United States, we were then put down in the forecastle and were not permitted to go on shore while at Fayal or did any of the crew. We discharge’d our flour at Fayal took in what was called a new Captain (a poor boy seventeen years old) who, when the vessel got to sea was driven forward as a dam’d lazy fellow and kept with the crew.
In order to circumvent US law, Captain Turner went to Fayal (a Portuguese island), hoisted a Portuguese flag, and took on a young boy to stand in as “captain” should the ship be stopped. He also asked the crew to sign new shipping papers – again, so everything would look legitimate if they were stopped. Captain Turner didn’t try to hide the fact that despite what the crew had originally signed on to do, that they were now going to pick up slaves in Africa instead. Only Spencer and two others refused, and when they did, they were kept in the forecastle (lower front part of the ship, generally used as quarters for the crew) and not permitted to leave the ship.
We touch’d at Madeira and got chains, handcuffs, etc. where Hilman & Rignian were discharg’d but the captain & Supercargo (Lord) said I cou’d not be discharged as they wanted me, being a carpenter to fit up the vessel when we got it to Goree, for the reception of slaves and used every means to make me sign the new articles, but finding I wou’d not I was put in the hold, and there kept four days, without eating or drinking and threatened by the captain with a pistol presented at my breast, to be shot, unless I agreed to go on and do my duty, and finding that I must die, I agreed to fit the Brig for the accommodation of slaves. We arrived at Goree in March where the remainder of the cargo was sold & landed except the boards which were used to fit up the Brig with births for the negroes, and the beef which was kept for the Ships use.
After landing in Madeira, Portugal, the two other crew members who refused to sign new papers were left there, but due to Spencer’s carpentry skills, he was ordered to outfit the ship with berths for the slaves. When he refused, he was imprisoned in the hold for 4 days without food. He relented only when Captain Turner threatened to shoot him. When they arrived at Goree (an island off the coast of Senegal) they unloaded most of their cargo.
The Supercargo agreed for 280 slaves at Goree to be delivered in the river Gombee. I did the carpenter work for the reception of the slaves and was then discharged, after I was discharg’d I went up to where the vessel was taking in slaves, where were the Mary-Ann of Charlestown, S.C. under Spanish colours and a Brig commanded by Campbell with a Supercargo called Cushing taking in slaves.
In Goree, the Supercargo (a representative of the ship’s owner whose job was to oversee the buying and selling of cargo) arranged to have 280 slaves delivered to the ship. At this point, Spencer was allowed to leave, but noted that he also saw another US ship disguised with a Spanish flag, the Mary-Ann, taking on slaves. This is further evidence that smuggling slaves was unfortunately fairly commonplace, despite the laws against it.
I hereby certify that the above declarations were made to me by Samuel Spencer. This 30th of July 1810
(signed) Dearborn D.C.
District of Boston & Charleston
The rest of the packet contains additional information. Dearborn said that he tried to have the other two men who refused to sign the papers – Hilman and Rignian – corroborate Spencer’s account, but one could not be located, and the other had already set sail. There is paperwork signed in Fayal that details all the cargo that was unloaded there in January, 1810, signed by Captain Turner. There is also paperwork from the 19th of January listing the names of all the crew members, as well as Captain Turner, stating that everyone was lawfully discharged in Fayal when the ship was sold to a Portuguese citizen. While it’s not odd for a ship’s crew to be discharged, it is odd for a ship’s captain to be discharged along with the crew. More likely than not, this supposed “sale” was a clever workaround to be able to “legally” fly under the Portuguese flag and circumvent US law. It also gives some credence to taking on the new “captain” in Fayal. The Consul, a man called Dabney, wrote an affidavit backing Captain Turner’s account that the ship was sold, the cargo unloaded, and the crew discharged, however, Dearborn didn’t believe him. He wrote to Gallatin that he felt it was a conspiracy:
Either the Consul must have falsely certified, or the man who gave the statement marked A. has detail'd an incorrect amount of the whole transaction.
Hilman and Rignian who were discharg'd at Madeira have returned to this town, and the former gone again to sea in the Brig Govr Sumner, but what has become of the latter is not known. When the Gov Sumner returns I shall get a statement from Hillman respecting the transaction so far as he was knowing to it.
Samuel Spencer appears to be an intelligent man and came here to enquire what steps he shou'd take for recovering satisfaction of the owner and master for their treatment to him and gave the account herewith enclosed voluntarily.
You will observe that the Consul in his certificate has included Jabez Lord owner of the Etna & Supercargo, likewise the Captain among the discharg'd seamen, which leaves room for strong suspicions against Dabney.
Why was the owner and Captain called seamen & as such discharged when the law under which he acted does not recognize them as such, and who in fact must have advanced the three months wages to such as might have been discharged? Such a document coming from a Consul has on the face of it conspicuous marks of collusion and intentional mob conduct as an agent of the United States.
“Conspicuous marks of collusion and intentional mob conduct.” Damn, Dearborn didn’t mince words! I agree with his assessment that the affidavit from Dabney has a too many holes to be true. Unfortunately, like many cases of illegal slave transportation, this one was difficult to prove and went nowhere. The ship's owner, Jabez Lord, and my 4th great-grandfather, Captain Stephen D. Turner, were never charged with any crime, though they should have been. So much of history is whitewashed. It’s easy to excuse our ancestors’ actions by saying, “Times were different.” Often I can buy that, but in this case there are no excuses for Captain Turner’s actions. Not only was he fully aware he was breaking the law, but he also went to great lengths to do so. For what? Money? That’s terrible. He’s terrible. Samuel Spencer is the real hero in this story. He did his best to stand up for what was right. He could have kept his mouth shut. He was just a regular crew member going against a wealthy captain and a wealthy ship owner. He may have been laughed out of Dearborn’s office. He risked jeopardizing future work on other ships. The man honestly had everything to lose and absolutely nothing to gain by speaking up, but he spoke up anyway. I hope his ancestors, if any exist, know about this letter, and if they do, I hope they’re as proud of their ancestor as I am ashamed of mine.
Wow! What a story, I wonder how many more ships did this, and how many more people ended up enslaved for it. How very sad. I also wonder why the attorney did not seek out any of the other crewmen? Couldn't they have given witness statements without incriminating themselves? Thanks for sharing.