DEFACTO SLAVERY: The Case of Dinah

The Woodstock History Center is busy working on its new exhibit Hindsight 20/20, which will debut this June. As we comb through over 200 years of history, we always come across interesting information and poignant stories.

One such story is that of Dinah Mason (also referred to as Dinah White). Dinah was an enslaved African-American woman who belonged to Jotham White of Charlestown, NH. In 1783, she was sold to Stephen Jacob. Jacob was an attorney, and he brought Dinah to his home in Windsor, Vermont, where she apparently served him as a defacto slave.

Fast forward to the year 1800. About this time, Dinah began to lose her eye sight and suffered from other health-related issues. Dinah, reportedly, was forced to leave Jacob’s home, and being unable to care for herself, she became a ward of the Town of Windsor.

Around 1802, the issue of who was responsible for Dinah’s care came to the forefront when the Selectmen of the Town of Windsor (who served as overseers of the poor) sued Jacob for the money the town had spent on Dinah’s behalf.

Jacob contended that Dinah hadn’t been forced to leave his home. Rather, she had decided to leave to pursue other employment opportunities. Therefore, he was not responsible for her care.

At the time the lawsuit was initiated against him, Jacob was one of Vermont’s three Supreme Court justices. Because he was a defendant in the case, he recused himself, leaving the case to be decided by his two colleagues, Judge Jonathan Robinson and Judge Royall Tyler.

The attorneys for the Town of Windsor argued that Dinah had been purchased and had served as a defacto slave for Jacob for a number of years. Therefore, Jacob was responsible for her care. They wanted to submit the bill of sale as proof that Jacob had purchased Dinah; however, the judges denied the introduction of this evidence.

The defense stated that Dinah had left Jacob’s home willingly and had done some work for others afterwards. They also countered that since slavery was illegal in Vermont (adult slavery was outlawed by Vermont’s 1777 Constitution), Dinah had been “free” as soon as she was brought to Vermont. Consequently, Jacob was no more responsible for her than any other taxpayer in Windsor.

In response to this argument, the lawyers for the Town of Windsor noted that if an escaped slave came to Vermont, per the Fugitive Slave Act of 1793, legally, the slave was to be returned to his or her master. Therefore, while Dinah wasn’t an escaped slave, it was clear that the act of an enslaved person passing into Vermont did not necessarily make that person free.

How do you think the court ruled for this case?

The two Supreme Court justices decided in Jacob’s favor. Judge Tyler agreed with the defense that Dinah, even if she had been purchased and served without compensation, could not be a slave because slavery didn’t exist in Vermont. If she had been a slave, her master would be responsible for her, but since she wasn’t a slave, Jacob was no more responsible for her care than other person in Windsor.

Over the next few years, Dinah was warned out of Windsor several times. Warning someone out of town was a process by which indigent people were informed that the town would not be responsible for their expenses. Dinah died in 1809. Seven years after the trial, it is clear that some felt that Jacob should have been held responsible for Dinah’s care as one of the last notes regarding Dinah reads:  “Paid Nahum Trask for attending Judge Jacob’s Dinah in her last sickness – $14.00.”

While Jacob won the court case, and he was not required to pay for Dinah’s care, his political career appears to have been impacted. Following the trial, Jacob was not re-elected to the Vermont Supreme Court, and his other political activities appear to have come to an abrupt halt. He passed away in 1817.

The exhibit Hindsight 20/20 will cover Woodstock’s history from its inception to present-day. In addition, the History Center will open three smaller exhibits (Fans, 1945: The End of WWII, and Woodstock’s Unforgettable People).

We hope to see you at the museum when it opens in June.