Robert (Toogood) Patterson (1779 - aft. 1811)

Born 10 Sep 1779 in Maryland, United States

Descendants

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Biograpy

Robert (Toogood) Patterson is a part of US Black heritage.

What we know of Robert Toogood, also known as Robert Patterson, appears in two documents -- his 1795 apprenticeship and his 1810 certificate of freedom, which are both transcribed in full under "Research Notes."

1779 Birth and Parents

In the 1795 apprenticeship document, Robert Toogood's age is given as "sixteen years the 10th day of September next, which would place his birth as 16 September 1779. The document is signed by his mother, Catherine Toogood, Robert Toogood is described as a "free mulatto" and his mother too must have been free at that time in order to sign a legal document. ^[1]

In 1810 Ann Key Taney testified in her deposition that Robert Toogood, aged about 30, was the son of Selby Toogood. ^[2]

1783 Freedom for the Toogoods

The 1810 deposition states that Robert Toogood was "freeborn, that he was of the Toogood family adjudged to be free." ^[2][3]

Freedom for the Toogoods occurred at the end of a long struggle in the courts. In the successful case, entered October 8, 1782 and won on appeal May 6, 1783, the courts held that Eleanor Toogood and her named descendants were in fact free because Eleanor Toogood's great-grandmother, Mary Molloyd, was a free Christian Irish woman and Mary's daughter Mary Fisher and granddaughter Ann Fisher (Eleanor's mother), had been unjustly enslaved. ^[4]

The case was brought by Eleanor Toogood against Dr. Upton Scott, a prominent Annapolis physician, who held Eleanor Toogood as a slave at the time of the suit. The case affected numerous prominent Marylanders, who at the time held Eleanor's brothers and sisters.

1795 Apprenticed to be a Blacksmith

Anne Taney in her deposition states that Robert was apprenticed to her father's blacksmith business and that he had a smiths shop on his farm. The apprenticeship was to last until his time was up, about four or five years. ^[2]

In an apprenticeship "A master was obliged to give an apprentice good and sufficient clothing, meat, drink, washing (laundry), and lodging. Some contracts, called indentures, specified craft apprenticeships, where the apprentice was trained in a useful trade and usually given some schooling. Young men in their teens were generally willing to apprentice themselves under these terms.... Males usually served to age twenty-one and females to age sixteen. ^[5]

The apprenticeship was to last from the date of the contract, 20 July 1795, until Robert's 21st birthday, 10 September 1800. ^[1] From the 1810 deposition, it would appear that Robert continued at the Key estate for several years after that. ^[2]

1795 Apprenticed to John Ross Key

John Ross Key was not a stranger to the Toogoods. Dr. Upton Scott, the slaveholder of Eleanor Toogood who lost the court case in 1783, was John Ross Key's uncle -- Scott had married Elizabeth Ross and Elizabeth's sister Ann was in turn married to Francis Key, John Ross Key's father.

These were prominent Marylanders and closely related. Dr. Upton Scott was the personal physician to Horatio Sharpe, the second-last Royal Governor of Maryland. John Ross Key was the father of Francis Scott Key, author of the "Star Spangled Banner". Francis Scott Key's sister Key-1451|Anne Phoebe Key]], who made the 1810 deposition on Robert Toogood's behalf, was married by 1806 to Roger Brooke Taney, who as Supreme Court Justice later authored the infamous 1857 Dred Scott decision denying Dred Scott his freedom. Roger Brooke Taney had studied law under Judge Jeremiah Chase who had successfully argued the case establishing the freedom of Eleanor Toogood in 1783 and its subsequent appeal.

1800 Terra Rubra: The Key Farm and Household

In her 1810 deposition, Ann Taney stated that she had known Robert for about fourteen or fifteen years. ^[2] Thus they had known each other since she was 12 and Robert 15. Robert worked at the smiths shop on Anne's father's farm, known as "Terra Rubra." Ann testified she had seen Robert less in the 9 or 10 years leading up to 1810. So it is safe to say that Robert was working as an apprentice on the Key farm in 1800.

The 1800 Census identifies the composition of John Ross Key's household:^[6] His household was comprised of:

Free White Persons - Males - 26 thru 44: 1 (Francis Scott Key, son)

Free White Persons - Males - 45 and over: 1 (John Ross Key, father)

Free White Persons - Females - 16 thru 25: 1 (Anne Phoebe Key, daughter)

Free White Persons - Females - 26 thru 44: 1 (Ann Charlton Key, mother)

Number of All Other Free Persons: 2 (One of whom would be Robert Toogood.

Might the other have been Shelby Toogood?)

Number of Slaves: 18

John Key's farm, "Terra Rubra", comprising 150 acres, was located north of Tom's Creek and has a present-day address of 1755 Keysville Bruceville Road, near Keysville, Maryland, United States.

1806 Certificates and Maryland's Law

To address a problem that some persons of color were claiming to be free while in fact actually enslaved, Maryland in 1806 passed a law that free people of color were required to have a certificate certifying that they were free. In order to obtain such a certificate from a white person who could so testify, Robert Toogood, by then known as Robert Patterson, turned to Anne Phoebe Taney for a reference.

1810 Description

As a result of Ann's favorable deposition, On 31 July 1810 Robert Toogood, also known as Robert Patterson, received a certificate of freedom in Frederick County. He was described as about thirty years of age, a dark mulatto, about five feet ten inches high, stout made... free-born...has been an apprentice to Mr. John Ross Key of the said county to learn the blacksmith trade. ^[2][7]

Research Notes: The Documents

The 1795 Apprenticeship Agreement

A document has been found confirming the apprenticeship at the beginning: ^[1]

• Robert Toogood a free mulatto aged sixteen years on the 10 day of September next with the approbation and consent of his mother Catherine Toogood is this day bound apprentice to Col. John Ross Key until he arrives at the age of twenty-one years. The said John Ross Key engages to cause the said Robert Toogood to be taught the trade of a blacksmith to find him during the apprenticeship meat drink washing lodging apparel and all other needs and when free to give him five pounds current money and also seven pounds ten shillings or the value thereof in smiths tools at the option of the apprentice. *Agreed to the 20th July 1795 before the subscribers of two of the justices of the peace for Frederick County
• MSGwinn
• Jos Jim Smith

The 1810 Deposition and Certificate of Freedom

Deposition

On July 31st, 1810, Anne Phoebe Taney made a deposition confirming Robert Toogood who was also known as Robert Patterson. ^[2]

Anne Phoebe Taney [ ] oath -- that she has known Robert Togood or Robert Patterson as he calls himself about fourteen or fifteen years ago. -- He was apprenticed to her Father John Ross Key in Frederick County about five miles from Taney Town to the Blacksmiths business -- Her said father there kept in smiths shop on his farm -- The said Robert continued with this Deponents Father until his time was out which this Deponent believes was for about four or five years This deponent always understood in the family that the said Robert was Freeborn -- that he was one of the Toogood family adjudged to be free -- being the son of Selby Toogood whom this Deponent has frequently seen -- & understood to have obtained his freedom by petition to some court of this State -- The said Robert is about thirty years of age, a dark mulatto, about five feet ten inches high stout made stoops in the shoulders and has now a defect in his left eye but how long he has had it this Deponent does not know, and as for the last nine or ten years this Deponent has not seen Robert very often --

Certificate of Freedom Sworn before Thomas B. Jones
State of Maryland Fred Coty to wit I WR Clk. FCC. do hereby certify that Robert Toogood or Robert Patterson about 30 years of age a dark mulatto about 5 feet 10 inches high stout made stoops in the shoulders has a defect in the left eye Hath been proved to my satisfaction to have been free-born That he has been an apprentice to Mr. John Ross Key of the said Coty to learn the blacksmith trade and that his term of servitude is expired And I further certify that the said R Toogood or R Patterson is the same person who now applies for this Certificate and being free ought to be permitted to pass and repass he behaving himself well.
Given under my hand and the seal of Frederick County Court the 31. day of July 1810.
William Ritchie Clerk ^[2]

Research Notes: The Questions

What do we know about Robert's mother Catherine?

We know that in 1795 she signed the papers making her son Robert an apprentice of John Ross Key, to learn the trade of blacksmithing. This tells us that Catherine Toogood was a free person of color at the time. Ann Key's affidavit refers to Robert as among the Toogoods who were judicially free.

It may be that, since women took on legal tasks often only when their husbands were not available to do so, Catherine was a single mother in 1795, whether or not she had been married when Robert was born 15 years before. But we don't know this.

We do not know whether Toogood was Catherine's birth name or one she acquired by marriage. We don't know if Selby Toogood was her husband. We can be confident that Catherine was somehow connected to the other Toogoods, but we don't yet know how. There were other Catherines in the Toogood family, one of whom might be Robert's mother.

How was Robert Toogood related to Eleanor Toogood?

Paul Heinegg estimates Robert Toogood Patterson's birth as 1780. ^[8] This would make him aged 30 when he completed his apprenticeship as a blacksmith.

Robert Toogood, was a descendant of Eleanor Toogood, born in 1730.

Why did Catherine Toogood apprentice her son?

Being free meant a person had to make his own way in life and Catherine would naturally be concerned that her son had the best possible skills.

Blacksmithing was always a good trade, but in that era, it came to special prominence. 15 miles from Terra Rubra, four Johnson brothers saw the potential of the Catoctin area for producing iron, and the Catoctin Furnace was in blast by 1776,^[9] three years before Robert was born. As Catherine raised her son, she would have been aware that blacksmithing was a good trade with good potential for a young mulatto boy. Did she have Catoctin in mind when she apprenticed her son? That we don't know.

We can guess that Catherine needed powers of persuasion to have Robert apprenticed to John Ross Key. From the 1800 Census, we know that Key's normal supply of labor consisted of enslaved persons. But for Robert, he agreed to take on a free young man as an apprentice, who would be with him only temporarily, and to whom he would owe money and tools at the end of his apprenticeship. Did he owe Catherine a favor? The facts suggest the possibility, but we don't know.

Did Robert Toogood have a family?

Toogood completed his apprenticeship at the age of 25 in 1805; if his apprenticeship was 7 years, it would have commenced at age 18 in 1798. The court cases setting Toogoods free from slavery took place in the 10 years beginning 1792, so it can be assumed Robert Toogood was born enslaved and set free by court order. While free, his main associations might still have been other black people who were enslaved. Apprenticeships were legal arrangements where a person -- white or black -- entered a period of servitude in order to learn a trade. Generally married relationships were not allowed for an apprentice, who being in servitude, could not support a family. For this reason, it is plausible that Toogood was not married to family in 1805 when he completed his apprenticeship but was at an age when he likely would have desired marriage as soon as the right candidate and means of support presented themselves.

By 1810 he could have had a wife and two children, but no records have been found indicating so.

1811 is the estimated birth year of Robert Patterson who is considered a possible, if not probable, but unproved, son of Robert Toogood Patterson.

Why was Robert Toogood "also known as Robert Patterson?"

We don't know. Enslaved persons typically were known only by their first name, and if a surname was needed, may have adopted the name of their slaveholder. While reference to "slave names" and their rejection was a phenomenon of the 20th century, it was not uncommon for a newly freed slave to choose a name that signified the beginning of a newer, freer, life.

Where did Robert Toogood go after completing his apprenticeship as a blacksmith?

As a qualified blacksmith as of 1805, Robert Toogood could have

1. remained at John Ross Key's plantation, although Anne Taney testified that she had seen him "not very much in the last nine or ten years." This suggests Robert Toogood had moved away from Terra Rubra, but also reflects that Anne Taney, who married in 1806, had also moved away.
2. gone to any other plantation with a blacksmith shop
3. set up a blacksmith shop himself in a city like Baltimore
4. worked as a blacksmith at an iron forge. The closest forge was Catoctin Forge which was within 15 miles of John Ross Key's Terra Rubra estate near Keysville.
5. other. People do unpredictable things and Robert could have done anything else, gone anywhere else, or died!

Did this the Robert Patterson in the 1840 Census?

No Robert Pattersons appeared in the 1820 and 1830 censuses. However, there is a Robert Patterson in 1840 who almost fits the dates of Robert Toogood Patterson.

In 1840 Robert Patterson was at home in District 1, Washington County, Maryland.^[10] His household was comprised of:

Free Colored Persons - Males - 36 thru 54 1 (born 1786-1804

Free Colored Persons - Females - 24 thru 35 1 (born 1805-1816)

Free Colored Persons - Males - Under 10 2 (born after 1830)

Sources

1. ↑ ^{1.0 1.1 1.2} Maryland State Archives. C799 Frederick County, Register of Wills (Indentures) 1794-1931. Accessed 18 May 2023 ce
2. ↑ ^{2.0 2.1 2.2 2.3 2.4 2.5 2.6 2.7} Sworn Statement of Anne Taney Concerning the Status of Robert Toogood Patterson 1810 The Papers of Roger B. Taney. Accessed 12 September 2022 jhd
3. ↑ Toogood Family. Free African Americans of Maryland and Delaware. Salmons-Turner Accessed 11 September 2022 jhd
4. ↑ Full narrative of the series of unsuccessful and then successful court cases appears at Space:Fighting_Against_Enslavement_--_The_Children_of_Mary_Molloyd.
5. ↑ Maryland State Archives. Understanding Maryland Records. Apprentices Accessed 1 March 2023
6. ↑ 1800 United States Census. Ancestry.com (Paid site). Entry for John Ross Key Accessed 11 January 2023 jhd
7. ↑ Certificates of Freedom 1808-42, 20, 21. Cited atToogood Family. Free African Americans of Maryland and Delaware. Salmons-Turner Accessed 11 September 2022 jhd
8. ↑ Paul Heinegg. Free African Americans of Maryland and Delaware From the Colonial Period to 1810. Baltimore: Clearfield, Second Edition, 2021. Page 334.
9. ↑ Catoctin Furnace Historical Society Accessed 19 May 2023 jhd
10. ↑ 1840 United States Census for Washington County, Maryland. Entry for Robert Patterson Accessed 19 May 2023 jhd