William Costin

William Costin (c. 1780 - May 31, 1842) was a free African-American activist and scholar who successfully challenged District of Columbia slave codes in the Circuit Court of the District of Columbia.[1][2]

For the president of St John's College, Oxford, see William Costin (academic). For the public servant in Queensland, see William Charles Costin.
William Custis-Costin
Costin in 1842
Bornc. 1780
DiedMay 31, 1842(1842-05-31) (aged 61–62)
Known forEarly civil rights
SpousePhiladelphia "Delphy" Judge

Early life

Little is known of Costin's upbringing. His enslaved mother was Ann Dandridge-Costin, and her father is reputed to have been Col. John Dandridge of Williamsburg, Virginia,[3][4] making her the half-sister of Martha Washington.

Ann Dandridge-Costin was said to be of African and Cherokee descent.[5] Native American slavery had ended and she should have been free under Virginia law via her maternal ancestry, but the slave colony put priority on African ancestry.[3] While Ann and several of her children lived at the Mount Vernon plantation owned by George Washington on the Potomac River in Fairfax County, Virginia,[2] there is no evidence her son William lived there. He may have lived nearby with other family.

Costin's legal status as "free" or "enslaved" is debated by historians, as is the identity of his father.[6]

Career

Around 1800, Costin moved from Mount Vernon to Washington City, what later became known as Washington, D.C. About that time, he married Philadelphia "Delphy" Judge, whom Martha Washington had given to her granddaughter Elizabeth Parke Custis Law as a wedding present in 1796. She and her children were manumitted in 1807 by Thomas Law, Elizabeth's husband. (see below).

In 1812, Costin built a house on A Street South on Capitol Hill. There he and his wife Delphy raised a large family.[7][8][9]

From 1818, Costin worked as a porter of the Bank of Washington.[2] He worked to save his money and buy properties in the developing capital.

In 1818, Costin helped start a school for African-American children, which his daughter, Louisa Parke Costin (c. 1804-October 31, 1831), eventually led. It was known as the first public school for black children in the city.[10] In the August 1835 Snow Riot, when a white mob burned abolitionist institutions and those associated with free blacks, it spared the school.[11]

In addition to the school, Costin created other organizations. In 1821, he helped found the Israel Colored Methodist Episcopal Church, led by an African-American minister.[12] In June 1825, Costin co-founded an African-American masonic lodge known as Social Lodge #1 (originally #7).[13] In December 1825, he helped found the Columbian Harmony Society, providing burial benefits and a cemetery for use by African Americans. Working with nearly the same group with whom he started other organizations, including fellow hack driver William Wormley (c. 1800–1855) and educator George Bell (1761–1843), Costin served as the Society's vice president through 1826.[14]

William Cranch, Chief Judge of the United States Circuit Court of the District of Columbia (between about 1844 and 1860)

Challenge to Surety Bond Law

In 1821, Costin challenged the part of a Black Code restricting African Americans in the District. It was an effort by the administration of Mayor Samuel Nicholas Smallwood to dissuade free blacks from settling there. The law required that free persons of color had:

to appear before the mayor with documents signed by three 'respectable' white inhabitants of their neighborhood vouching for their good character and means of subsistence. If the evidence was satisfactory to the mayor, the individuals were to post a yearly $20 bond with a 'good and respectable' white person as assurance of their 'good, sober and orderly conduct,' and to ensure that they would not become public charges or beggars in the streets. [T]o post an annual twenty dollar cash bond and present three references from white neighbors, purportedly to guarantee their peaceful behavior.[15]

Costin refused to comply, and was fined five dollars by a justice of the peace. He appealed his fine to the court.

In the case, Chief Justice William Cranch accepted that the City charter authorized it "to prescribe the terms and conditions upon which free Negroes and mulattoes may reside in the city."[1] (He was a nephew of the second U.S. President John Adams). Costin asked the court to strike the law entirely, saying that Congress could not delegate powers to the city that were unconstitutional, and that "the Constitution knows no distinction of color."[2][16]

Cranch defended the peace-bond law by pointing to certain barriers in the state voting and jury laws of the time, writing:

It is said that the [C]onstitution gives equal rights to all the citizens of the United States, in the several states. But that clause of the [C]onstitution does not prohibit any state from denying to some of its citizens some of the political rights enjoyed by others. In all the states certain qualifications are necessary to the right of suffrage; the right to serve on juries, and the right to hold certain offices; and in most of the states the absence of the African color is among those qualifications.[17]

But Cranch conceded that the law was unfair to free blacks who had long lived in the city and contributed to it, noting that they could not compel whites to give surety, and that the law threatened to force families apart. He ruled that those who had lived in the District prior to the law's enactment were exempted from having to abide by it.[1] He said, "It would seem to be unreasonable to suppose that Congress intended to give the [city] corporation the power to banish those free persons of color who had been guilty of no crime."[15]

Personal life

Marriage
Gen. George Washington and his family. (George Washington Parke Custis, Gen. George Washington, Eleanore Parke Custis, Martha Washington, William Lee) (NYPL Hades-254222-EM13214)

In 1800, Costin married Philadelphia "Delphy" Judge (c. 1779-December 13, 1831), the younger sister of Oney "Ona" Maria, known as Oney Judge (c. 1773—February 25, 1848), both of whom were daughters of Betty Davis (c. 1738–1795), and were so-called "dower" slaves of Martha Washington at Mount Vernon.[18][19][20][3]

According to Virginia estate law, the dower slaves passed to the Custis children upon Martha's death.

In 1807 and 1820, Costin purchased the freedom of seven relatives. In 1807, Thomas Law freed six of Costin's sisters and half-sisters for "ten cents."[21][22]

Law was the husband of Elizabeth ("Eliza") Parke Custis Law (August 21, 1776 – December 31, 1831), who inherited these slaves at the death of her grandmother, Martha Washington.[23]

In October 1820, the purchase of Costin's apparent cousin, Leanthe, who worked at the Mt. Vernon Mansion House, and was the daughter of Caroline,[24] involved two steps. First, George Washington Parke Custis sold her to Costin for an undisclosed sum. Twelve days later, Costin freed her for "five dollars."[25][26][27]

Costin remained in cordial contact with the Custis family throughout his life. In 1835, Eliza's brother, George Washington Parke Custis, supported Costin's side business driving a horse-and-buggy taxi.[28][29]

Funeral

Costin's funeral on June 4, 1842, was attended by U.S. Attorney Francis Scott Key, who had composed the song that became adopted as the national anthem.[30]

The funeral was notable for the long line of hansom cabs driven by Costin's friends.[31][32] The funeral procession included both white and black mourners, and a horseback processional.[33]

See also

References
  1. United States (1894). "Costin v. Washington (Case No. 3,266) - Oct. Term, 1821". The Federal Cases: Comprising Cases Argued and Determined in the Circuit and District Courts of the United States (PDF). St. Paul: West Pub. Co. pp. 612–614. OCLC 228786185. Retrieved 1 February 2016.
  2. "Historical Information About the Courts of the D.C. Circuit: 1800: An Early Civil Rights Victory in a D.C. Court". Historical Society of the District of Columbia Circuit. Retrieved 1 February 2016.
  3. Williams, George Washington (1968). History of the Negro Race in America. New York: Bergman Publishers. p. 193. OCLC 558191677. Retrieved 2 February 2016. In 1800, he married Philadelphia Judge (his cousin)
  4. Wiencek, Henry (2013). An Imperfect God: Maj. Gen. George Washington, His Slaves, and the Creation of America. Macmillan. p. 286. ISBN 9781466856592. Retrieved May 23, 2016.
  5. Bryan, Helen (2002). Martha Washington, First Lady of Liberty. Wiley. pp. 26–27. ISBN 978-0-471-15892-9. Retrieved May 23, 2016.
  6. Feagin, Joe R. (2006). Systemic Racism: A Theory of Oppression. New York: Routledge. pp. ix, 110. ISBN 978-0-415-95277-4. OCLC 61285498. Retrieved 1 February 2016.
  7. "William Caustin - United States Census, 1820". FamilySearch. Retrieved 1 February 2016. The 1820 U.S. Census for Washington, D.C., records "William Caustin" as having eight African-Americans in his family, including one female slave over age forty-five
  8. "Wm Costin - United States Census, 1830". FamilySearch. Retrieved 2 February 2016. The 1830 U.S. Census for Washington, D.C., records "Wm. Costin" living in the Fourth Ward, in a family of eleven: his wife, plus two sons and seven females (consisting of four daughters and three adopted daughters)
  9. "Wm Costin - United States Census, 1840". FamilySearch. Retrieved 2 February 2016. By the 1840 U.S. Census, the Costin family had eleven members.
  10. "The First Colored Public School". National Republican. Washington, D.C. May 8, 1876. p. 1. Retrieved 2 February 2016. Original notice appearing in Daily National Intelligencer, August 29, 1818: opening of the "Resolute Beneficial Society School," William Costin, president; George Hicks, vice president; James Harris, secretary; George Bell, treasurer; Archibald Johnson, marshal
  11. Barnard, Henry (1870). "Schools of the Colored Population: Louisa Parke Costin's School". The American Journal of Education. Hartford, CT: F.C. Brownell. 19. OCLC 70680208.
  12. Cromwell, John W. (1917). The First Negro Churches in the District of Columbia, 64-106, at 68 (Lancaster, Pa.; Washington, D. C.; The Association for the Study of Negro Life and History, Inc.); and published in the Journal of Negro History 7, no.1 (January 1922), 64-106 ("Among the men and women active in the first efforts were Scipio Beans, George Simms, Peter Schureman, George Hicks, Dora Bowen, William Costin, William Datcher, William Warren and George Bell, one of the three colored men who fifteen years before had erected a building for a Negro school.")
  13. Miller, Randall M., and John David Smith (1997). of Afro-American Slavery (Westport, CT: Greenwood Publishing Group), ISBN 0275957993 (Costin served as the third Worshipful Master of this lodge, dying while still in office.), at 265 ("Beside churches and schools, free Negroes associated with one another in various ways....The Prince Hall Freemasons (named after the founder of black freemasonry in America) attracted members notable for their economic achievements—Absalom Jones and James Forten of Philadelphia, William Wormley and William C. Costin of Washington, D.C.")
  14. Sluby, Sr., Paul E., and Stanton Lawrence Wormley (2001). History of the Columbian Harmony Society and of Harmony Cemetery (Rev ed. Washington, D.C.: The Society).
  15. "An Early Civil Rights Victory in a D.C. Court", Historical Society of the District of Columbia Circuit
  16. Cranch, William (1852). Reports of Cases Civil and Criminal In the United States Circuit Court of the District of Columbia, from 1801 to 1841 (Volume 6: General Index ed.). Boston: Little, Brown and Co. pp. ii, xii, 254, 95, 287. OCLC 499510728. Retrieved 2 February 2016.
  17. Noel, F. Regis (1922). "Some Notable Suits in Early District Courts". Records of the Columbia Historical Society, Washington, D.C. Historical Society of Washington, D.C. 24: 67–88. JSTOR 40067160.
  18. Provine, Dorothy S. (1996). District of Columbia Free Negro Registers, 1821-1861. Bowie, MD: Heritage Books. p. 52. ISBN 978-0-788-40506-8. OCLC 35793874. Costin married one of Martha Washington's slaves and his cousin, who was bequeathed by Martha to her granddaughter, Eliza Parke Custis, the wife of Thomas Law.
  19. Green, Constance McLaughlin (1967). The Secret City: A History of Race Relations in the Nation's Capital. Princeton, NJ: Princeton University Press. ISBN 978-0-691-00568-3. OCLC 53290346.
  20. Robinson, Henry S. (Spring 1969). "Some Aspects of the Free Negro Population in Washington, D.C., 1800-1862". Maryland Historical Magazine. 64.
  21. May 5, 1807, Manumission from Thomas Law to Margaret Costin and Others, Washington, D.C., Archives, Liber R 17, folio 220-221 (old folio 288) (Six women freed: "Ex[ecuted] and Del[ivere]d Nancy Costin, their mother: ...[for] ten cents current money to me in hand paid have released from slavery...Margaret Costin, aged nineteen years, Louisa Costin, aged seventeen years, Caroline Costin, aged fifteen years, Jemima Costin, aged twelve years, Mary Holmes, aged eight years, and Eleanor Holmes, aged six years.") Retrieved May 17, 2016.
  22. Ann's nickname was "Nancy," so these are her children or nieces. In 1802, Ann was freed, and the date for the manumission of Philadelphia Judge is uncertain. Wiencek, Henry (2003). An Imperfect God: George Washington, His Slaves and the Creation of America, p. 84. New York, NY: Farrar, Straus and Giroux ("The question of Ann's legal status was resolved when, through a descendant of hers, I found a record of her manumission in 1802, carried out after Martha's death. Ann came into the possession of Martha's granddaughter Eliza Custis Law, whose husband arranged the manumission when Ann was in her forties. She was freed under her married name, Holmes, and the nickname Nancy.")
  23. "Martha Washington's Black Sister," Stories from American History blog, June 16, 2012, citing Wiencek (2003), pp. 84-86, 282-290 ("Once George and Martha were both dead and Ann was in her forties, she came into the possession of Martha's granddaughter, Eliza Custis Law. Eliza and her husband, Thomas Law, were uniquely sensitive to the plight of mixed-race people, for Thomas, before marrying Eliza, had been an official of the East India Company, and had three half-Indian sons. Upon inheriting ownership of Ann Dandridge in 1802, the Laws freed her almost immediately. Five years later, they emancipated all Ann's children, her grandchildren, and William Costin's wife [Philadelphia Judge].")
  24. List of Slaves at Mt. Vernon in 1799, Archives.gov.
  25. "October 23, 1820, Manumission from William Costin to Leanthe Brannan," Washington, D.C., Archives, Liber AZ50, folio 229 (old folio 294) ("Whereas George WP Custis by an instrument of writing under his hand and Seal bearing the date of Eleventh of October one thousand Eight hundred and twenty, did bargain, sell and confirm unto me a certain mulatto woman slave, Leanthe Brannan, about twenty-eight years of age.") Retrieved May 17, 2016. The 1820 U.S. Census records one female slave living in the Costin household, and this person could be Leanthe.
  26. Adams v. Law, 58 U.S. 417 (1854)(estate case details family history)
  27. Thomas Law Family Papers, 1791-1834, Maryland Historical Society.
  28. Check on Bank of the Metropolis for $27, (~$766.00 in 2022) from George W.P. Custis to William Costin, June 5, 1834, The Washington Library, Mt. Vernon
  29. Papers of George Washington Parke Custis, Note to Bank to pay $10 to William Costin, April 5, 1836.
  30. Marc Leepson, What So Proudly We Hailed: Francis Scott Key, a Life (Macmillan, 2014), pp. 196-97 (At Costin's funeral, attended by Key, "a reporter counted more than seventy carriages.") (Google e-Book)
  31. The Sun (Baltimore, MD), June 1, 1842, vol XI, iss 10, pg 4 (Death of William Costin at age 65 at the Bank of Washington: "Perhaps no individual of his color and circumstances was ever more highly esteemed than William Costin.")
  32. Commercial Advertiser (New York, NY), June 2, 1842, vol XL, pg 2 (William Costin dies in his sleep, May 30–31, 1842, at age 62, having served 24 years as porter at the Bank of Washington)
  33. Emancipator and Free American (Boston, MA), June 9, 1842, pg 22
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