Charlotte Dupuy
Encyclopedia
Charlotte Dupuy, also called Lottie (born ca. 1787-1790 - d. after 1866) Charlotte Dupuy was still living in 1860. She and her husband Aaron were listed by name as free persons in the 1860 Census for Fayette County, Kentucky. They were respectively 70 and 76 years old. In his obituary of 1866, he was listed as being survived by his wife, likely Charlotte., was an enslaved African-American woman who filed a freedom suit in 1829 against her master, Henry Clay
Henry Clay
Henry Clay, Sr. , was a lawyer, politician and skilled orator who represented Kentucky separately in both the Senate and in the House of Representatives...

, then Secretary of State
Secretary of State
Secretary of State or State Secretary is a commonly used title for a senior or mid-level post in governments around the world. The role varies between countries, and in some cases there are multiple Secretaries of State in the Government....

. This case went to court seventeen years before Dred Scott
Dred Scott
Dred Scott , was an African-American slave in the United States who unsuccessfully sued for his freedom and that of his wife and their two daughters in the Dred Scott v...

 filed his more famous legal challenge to slavery. Then living in Washington, DC, Dupuy sued for her freedom and that of her two children, based on a promise by her previous owner. This was an example of the many freedom suits filed by slaves in the decades before the Civil War.

Although the Circuit Court's ruling in 1830 went against Dupuy, she had worked for wages for 18 months and lived in the household of Martin Van Buren
Martin Van Buren
Martin Van Buren was the eighth President of the United States . Before his presidency, he was the eighth Vice President and the tenth Secretary of State, under Andrew Jackson ....

, the succeeding Secretary of State, while it was decided. Clay had returned to his home in Kentucky
Kentucky
The Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth...

 in 1829. After the ruling, Clay had Dupuy transported to the home of his daughter and son-in-law in New Orleans, and she remained enslaved for another decade. Finally in 1840, Henry Clay freed Dupuy and her daughter Mary Ann. Four years later he freed her son Charles Dupuy. By 1860 her husband Aaron Dupuy was listed on the census as a free man living with her at Ashland.

Early life

Charlotte Dupuy was born into slavery in Cambridge, Maryland
Cambridge, Maryland
Cambridge is a city in Dorchester County, Maryland, United States. The population was 12,326 at the 2010 census. It is the county seat of Dorchester County and the county's largest municipality...

. She was brought to Kentucky in 1805 by the tailor James Condon, who had purchased her as a child from Daniel Parker in Cambridge. She was said to have been born about 1787. About 1806 she met and married Aaron Dupuy, a young man held by Henry Clay
Henry Clay
Henry Clay, Sr. , was a lawyer, politician and skilled orator who represented Kentucky separately in both the Senate and in the House of Representatives...

 on his Ashland plantation in Lexington, Kentucky
Lexington, Kentucky
Lexington is the second-largest city in Kentucky and the 63rd largest in the US. Known as the "Thoroughbred City" and the "Horse Capital of the World", it is located in the heart of Kentucky's Bluegrass region...

. Condon sold Charlotte to Henry Clay in May 1806, perhaps to allow the young couple to live together. Charlotte and Aaron had two children, Charles and Mary Ann Dupuy.

When Clay went to Washington, D.C., for his congressional term beginning in 1810, Charlotte, her husband Aaron and two children accompanied him or arrived to work for him soon after. They lived with Clay and served in the house he rented, originally built for Stephen Decatur
Stephen Decatur
Stephen Decatur, Jr. , was an American naval officer notable for his many naval victories in the early 19th century. He was born on the eastern shore of Maryland, Worcester county, the son of a U.S. Naval Officer who served during the American Revolution. Shortly after attending college Decatur...

. Located at Lafayette Square
Lafayette Square
Lafayette Square may refer to a place in the United States:*Lafayette Square, Los Angeles, California, a neighborhood in the mid-city section of L.A.*Lafayette Square, New Orleans, Louisiana, in the Central Business District*Lafayette Square, St...

 across from the White House
White House
The White House is the official residence and principal workplace of the president of the United States. Located at 1600 Pennsylvania Avenue NW in Washington, D.C., the house was designed by Irish-born James Hoban, and built between 1792 and 1800 of white-painted Aquia sandstone in the Neoclassical...

, today the Decatur House
Decatur House
Decatur House is a historic home in Washington, D.C., named after its first owner and occupant Stephen Decatur. The house is located northwest of Lafayette Square, at the southwest corner of Jackson Place and H Street, near the White House...

 is a museum and a designated National Historic Landmark
National Historic Landmark
A National Historic Landmark is a building, site, structure, object, or district, that is officially recognized by the United States government for its historical significance...

,

Petition for freedom

Charlotte Dupuy and her family enjoyed the relative freedom of living in Washington, DC, where they met other slaves and joined some of the activities of the city. Clay allowed her to visit her mother and family on the Eastern Shore a couple of times. Following his Congressional career, Henry Clay
Henry Clay
Henry Clay, Sr. , was a lawyer, politician and skilled orator who represented Kentucky separately in both the Senate and in the House of Representatives...

 served as Secretary of State from 1825-1829.

As Clay began making preparations in 1829 to leave the capital when his service ended, Dupuy filed a petition for her freedom and that of her children. She based this on her mother's being free and her previous owner Condon's promise to free her and her children. Clay thought his political enemies had persuaded her to do it but decided to fight it, as he was embarrassed by the publicity.

On February 13, 1829, her attorney Robert Beale wrote a petition on her behalf to the judges of the District of Columbia. The petition asked the courts to use their power to keep Clay from removing Charlotte Dupuy from the District of Columbia while her lawsuit for freedom was underway. The Court granted this petition.

Beale argued that Dupuy and her children were “entitled to their freedom” based on a promise by her previous master James Condon, but were “now held in a state of slavery by one Henry Clay (Secty of State) contrary to the law and your petitioners just rights.” Clay wanted to remove the Dupuys from their DC residence and return them to Kentucky. There, Beale argued, they would “be held as slaves for life." While the Court allowed Charlotte Dupuy to stay in Washington while the case was heard, it permitted Clay to take her husband Aaron and children Mary Ann and Charles back to Kentucky.

Case

Charlotte Dupuy's petition to stay in the District temporarily was granted, but her writ for freedom was denied. Clay's attorney showed that her mother had been freed after Charlotte was born, which did not affect her status as a slave. Her case was taken seriously for, according to a letter by Henry Clay, Dupuy stayed in DC "upwards of 18 months" after he left for Kentucky, awaiting the results of the trial. During these 18 months, Clay described her as acting as "her own mistress". Dupuy worked for wages for the succeeding Secretary of State, Martin Van Buren
Martin Van Buren
Martin Van Buren was the eighth President of the United States . Before his presidency, he was the eighth Vice President and the tenth Secretary of State, under Andrew Jackson ....

, who also lived at Decatur House. The letter shows that Dupuy never willingly left DC. On the first page, Clay mused, "How shall I now get her ...?" He approved of his agent's having Dupuy arrested when she refused to return to Kentucky.

Although Dupuy was fighting for her freedom, the courts, in order to hear her case, had to assume her status as a free negro
Free Negro
A free Negro or free black is the term used prior to the abolition of slavery in the United States to describe African Americans who were not slaves. Almost all African Americans came to the United States as slaves, but from the earliest days of American slavery, slaveholders set men and women free...

 or a free person of color, since enslaved people had no legal standing in the courts. Such actions began to create political space for slaves' freedom.For a more in-depth discussion of the liminal space of freedom created by these court cases, see http://books.google.com/books?id=Kt_qJU3SVs8C&printsec=frontcover&dq=Neither+Fugitive+nor+Free:+Atlantic+Slavery,+Freedom+Suits,+and+the+Legal+Culture+of+Travel,&source=bl&ots=oe0hBxiOaN&sig=610ZNOn77SkdhFLPxQ3I1KVMh1s&hl=en&ei=4msjTaysFpSxnAfonbjhDQ&sa=X&oi=book_result&ct=result&resnum=4&ved=0CC4Q6AEwAw#v=onepage&q&f=falseEdlie Wong, Neither Fugitive nor Free: Atlantic Slavery, Freedom Suits, and the Legal Culture of Travel], New York University Press, 2009 The Court determined that the agreement between Dupuy and Condon was not applicable to any new ownership, and rejected her claim against Clay.

Aftermath

Clay's agent arranged for Dupuy to be held in prison in Alexandria, Virginia
Alexandria, Virginia
Alexandria is an independent city in the Commonwealth of Virginia. As of 2009, the city had a total population of 139,966. Located along the Western bank of the Potomac River, Alexandria is approximately six miles south of downtown Washington, D.C.Like the rest of northern Virginia, as well as...

 while he decided what to do. Clay had Dupuy removed from Washington and transported to New Orleans, to the home of his daughter and son-in-law Martin Duralde. She was enslaved there for another decade.

Finally on 12 October 1840, Henry Clay freed Charlotte Dupuy and her daughter Mary Ann in New Orleans. He retained her son Charles Dupuy, who traveled with him to speaking engagements. Clay frequently used him as an example of how well he treated slaves. He eventually freed Charles in 1844.

Either Clay before his death in 1852 or by his will, or his descendants freed Charlotte's husband Aaron Dupuy, or "gave him his time". The couple reunited to live again in Kentucky, where Aaron worked for John M. Clay at Ashland after his father's death. While no deed of emancipation was found for Aaron Dupuy, according to the 1860 census, he and Charlotte Dupuy were listed as living together as free persons in Fayette County, Kentucky
Fayette County, Kentucky
Fayette County is a county located in the U.S. state of Kentucky. The population was 295,083 in the 2010 Census. Its territory, population and government are coextensive with the city of Lexington, which also serves as county seat....

. An obituary of Aaron Dupuy said he died February 6, 1866 and was survived by his widow, although she was not listed by name.

Legacy

  • Dupuy's struggle for freedom has been recognized by new exhibits in the Decatur House
    Decatur House
    Decatur House is a historic home in Washington, D.C., named after its first owner and occupant Stephen Decatur. The house is located northwest of Lafayette Square, at the southwest corner of Jackson Place and H Street, near the White House...

    , where she lived and worked for nearly two decades. The Decatur House has been designated a National Historic Landmark
    National Historic Landmark
    A National Historic Landmark is a building, site, structure, object, or district, that is officially recognized by the United States government for its historical significance...

     and operates as a museum.
  • The story of Charlotte and Aaron Dupuy is also featured at the Isaac Scott Hathaway
    Isaac Scott Hathaway
    Isaac Scott Hathaway was an African American artist who worked in different genres of art, including ceramics and sculpture.Isaac Scott Hathaway was born in 1872, although some resources say 1874, in Lexington, Kentucky. He was born to the Reverend Hathaway and his wife and was the youngest of...

     Museum of Lexington, Kentucky
    Lexington, Kentucky
    Lexington is the second-largest city in Kentucky and the 63rd largest in the US. Known as the "Thoroughbred City" and the "Horse Capital of the World", it is located in the heart of Kentucky's Bluegrass region...

    , and in their online exhibits.
  • Her suit has made Decatur Place a site in accounts of the historic civil rights movement and its "trail" in Washington, DC.
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