After two centuries, man who helped slaves escape gets "justice"

Not even the threat of being sold into slavery could stop Samuel Burris, a conductor on the Underground Railroad, from helping slaves to freedom in the 19th century.

A free black man, Burris was caught helping a slave try to escape from Delaware in 1847. After Burris was tried and found guilty of enticing slaves to escape, part of his sentence was that he be sold into slavery for seven years. Instead, a Pennsylvania anti-slavery society raised the money to purchase him and set him free. And Burris went right back to helping slaves escape.

Now, Delaware Gov. Jack Markell has decided to posthumously pardon Burris for that long ago conviction, according to two people who have sought that step.

Ocea Thomas of Atlanta said in a telephone interview Tuesday that she received a phone call last weekend letting her know Markell would pardon Burris, who died in the 1860s and was one of Thomas' ancestors. Phone and email messages left Tuesday for Markell's spokeswoman, Kelly Bachman, were not immediately returned.

Thomas says she became emotional after learning that Burris, the brother of her great-great grandmother, would be pardoned.

"I stood there and cried. It was pride. It was relief. I guess justification. All of that," Thomas said.

Robin Krawitz, a historian at Delaware State University who is writing a book about Burris, said historians don't know exactly how many slaves Burris helped escape but they do know he continued his work even after his conviction, at great personal risk. Slaveholders and sympathizers eventually complained to the state legislature, saying Burris hadn't stopped enticing slaves to leave their masters. Burris left the state when lawmakers responded with a law that could have brought a lashing so severe it would have been tantamount to a death sentence.

Thomas, Burris' relative, says she was told the pardon will take place on Nov. 2, the anniversary of Burris' conviction. The state had already been planning to unveil a historical marker honoring Burris that day. The marker will be placed in Delaware's Kent County, near where Burris grew up.

Robert Seeley, of Havertown, Pennsylvania, who had asked the governor earlier this year to pardon Burris and two other men, confirmed that he'd also been contacted about the pardon.

Robert Seeley CBS Philadelphia

"It's a victory. It brings honor to the Burris family and it brings justice for Samuel Burris and his descendants. It's making a wrong a right finally," Seeley said.

Seeley had asked the governor to pardon Burris as well as two others who had worked to get slaves to freedom: John Hunn and Thomas Garrett, one of Seeley's relatives who is credited with helping more than 2,000 slaves escape. Seeley says he got the idea after outgoing Illinois Gov. Pat Quinn granted clemency to three abolitionists convicted for hiding and helping escaped slaves.

"He had a vision from God to put an end of slavery," Seeley told CBS Philadelphia about Garrett. "Then he moved his family down to the slave state of Delaware, where he would help over 2,700 people to freedom on the Underground Railroad."

Seeley says he's been working with Markell's office but that the governor can't issue a pardon in Hunn and Garrett's cases because they were tried in federal court, not state court. He says President Barack Obama would need to pardon them and that he plans to continue to work on a pardon in their case.

"Even if it comes out to be a proclamation or a declaration or not an official presidential pardon, so be it. We'll see what we can do," he said, adding there is "a lot of red tape."

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