History of the Negro Race in America Volume I Part 37

"Whereas many persons of this Colony doe for their necessary use purchase negroe seruants, and often times the sayd seruants run away to the great wronge, damage and disapoyntment of their masters and owners, for prevention of which for [221] the future, as much as || may be, it is ordered by this Court that Whateuer negroe or negroes shall hereafter, at any time, be fownd wandring out of the towne bownds or place to which they doe belong, without a ticket or pa.s.s from the authority, or their masters or owners, shall be stopt and secured by any of the inhabitants, or such as shall meet with them, and brought before the next authority to be examined and returned to their owners, who shall sattisfy for the charge if any be; and all ferrymen within this Colony are hereby required not to suffer any negroe without such certificate, to pa.s.s over their ferry by a.s.sisting them therein, upon the penalty of twenty shillings, to be payd as a fine to the county treasury, and to be leuyed upon theire estates for non-payment in way of distresse by warrant from any one a.s.sistant or Com'r. This order to be observed as to vagrant and susspected persons fownd wandring from town to town, hauveing no pa.s.ses; such to be seized for examination and farther disspose by the authority; and if any negroes are free and for themselves, travelling without such ticket or certificate, they to bear the charge themselves of their takeing up."[438]

The general air of complaint that pervades the above bill leads to the conclusion that it was required by an alarming state of affairs. The pa.s.s-system was a copy from the laws of the older colonies where slavery had long existed. By implication free Negroes had to secure from the proper authorities a certificate of freedom; and the bill required them to carry it, or pay the cost of arrest.

One of the most palpable evidences of the humanity of the Connecticut government was the following act pa.s.sed in May, 1702:--

"Whereas it is observed that some persons in this Colonie having purchased Negro or Malatta Servants or Slaves, after they have spent the pric.i.p.all part of their time and strength in their masters service, doe sett them at liberty, and the said slaves not being able to provide necessaries for themselves may become a charge and burthen to the towns where they have served: for prevention whereof,

"It is ordered and enacted by this Court and the authority thereof: That every person in this Colonie that now is or hereafter shall be owner of a negro or mulatta servant or slave, and after some time of his or her being taken into imployment in his or her service, shall sett such servant or slave at liberty to provide for him or herselfe, if afterwards such servant or slave shall come to want, every such servant shall be relieved at the onely cost and charge of the person in whose service he or she was last reteined or taken, and by whome sett at liberty, or at the onely cost and charge of his or her heirs, executors or administrators, any law, usage or custome to the contrary notwithstanding."[439]

Ma.s.sachusetts had acted and did act very cowardly about this matter.

But Connecticut showed great wisdom and humanity in making a just and equitable provision for such poor and decrepit slaves as might find themselves turned out to charity after a long life of unrequited toil. Slavery was in itself "the sum of all villanies,"--the blackest curse that ever scourged the earth. To buy and sell human beings; to tear from the famishing breast of the mother her speechless child; to separate the husband from the wife of his heart; to wring riches from the unpaid toil of human beings; to tear down the family altar, and let lecherous beasts, who claim the name of "Christian," run over defenceless womanhood as swine over G.o.d's altar!--is there any thing worse, do you ask? Yes! To work a human being from youth to old age, to appropriate the labor of that being exclusively, to rob it of the blessings of this life, to poison every domestic charity, to fetter the intellect by the power of fatal ignorance, to withhold the privileges of the gospel of love; and then, when the hollow cough comes under an inclement sky, when the shadows slant, when the hand trembles, when the gait is shuffling, when the ear is deaf, the eye dim, when desire faileth,--then to turn that human being out to die is by far the profoundest crime man can be guilty of in his dealings with mankind! And slavery had so hardened men's hearts, that the above act was found to be necessary to teach the alphabet of human kindness. No wonder human forbearance was strained to its greatest tension when masters, thus liberating their slaves, a.s.sumed the lofty air of humanitarians who had actually done a n.o.ble act in manumitting a slave!

In 1708 the General Court was called upon to legislate against the commercial communion that had gone on between the slaves and free persons in an unrestricted manner for a long time. Slaves would often steal articles of household furniture, wares, clothing, etc., and sell them to white persons. And, in order to destroy the ready market this wide-spread kleptomania found, an Act was pa.s.sed making it a misdemeanor for a free person to purchase any article from slaves. It is rather an interesting law, and is quoted in full.

"Whereas divers rude and evil minded persons for the sake of filthie lucre do frequently receive from Indians, malattoes and negro servants, money and goods stolen or obteined by other indirect and unlawful means, thereby incouraging such servants to steal from their masters and others: for redress whereof,

[35] _Be it enacted by the Governour, Council and Representatives, in General Court a.s.sembled, and by the authoritie of the same_, That every free person whomsoever, which shall presume either openly or privately to buy or receive of or from any Indian, molato or negro servant or slave, any goods, money, merchandize, wares, or provisions, without order from the master or mistress of such servant or slave, every person so offending and being thereof convicted, shall be sentenced to restore all such money, goods, wares, merchandizes, or provisions, unto the partie injured, in specie, (if not altered,) and also forfeit to the partie double the value thereof over and above, or treble the value where the same are disposed of or made away. And if the person so offending be unable, or shall not make rest.i.tution as awarded, then to be openly whipt with so many stripes (not exceeding twentie,) as the court or justices that have cognizance of such offence shall order, or make satisfaction by service. And the Indian, negro, or molatto servant or slave, of or from whom such goods, money, wares, merchandizes or provisions shall be received or bought, if it appear to be stolen, or that shall steal any money, goods, or chattells, and be thereof convicted, although the buyer or receiver be not found, shall be punished by whipping not exceeding thirtie stripes, and the money, goods or chattels shall be restored to the partie injured, if it be found. And every a.s.sistant and justice of peace in the countie where such offence is committed, is hereby authorized to hear and determine all offences against this law, provided the damage exceed not the sum of fortie shillings."[440]

On the same day another act was pa.s.sed, charging that as Mulatto and Negro slaves had become numerous in parts of the colony, destined to become insubordinate, abusive of white people, etc., and is as follows:--

"And whereas negro and molatto servants or slaves are become numerous in some parts of this Colonie, and are very apt to be turbulent, and often quarrelling with white people to the great disturbance of the peace:

"_It is therefore ordered and enacted by the Governour, Council and Representatives, in General Court a.s.sembled, and by the authoritie of the same_, That if any negro or malatto servant or slave disturb the peace, or shall offer to strike any white person, and be thereof convicted, such negro or malatto servant or slave shall be punished by whipping, at the discretion of the court, a.s.sistant or justice of the peace that shall have cognizance thereof, not exceeding thirtie stripes for one offence."[441]

In 1711 the General Court of Connecticut Colony signally distinguished itself by the pa.s.sage of an act in harmony with that of 1702. It was found that indentured servants as well as slaves had been made the victims of the cruel policy of turning slaves and servants out into the world without means of support after they had become helpless, or had served out their time. This cla.s.s of human beings had been cast aside, like a squeezed lemon, to be trodden under the foot of men. The humane and thoughtful men of the colony demanded a remedy at law, and it came in the following admirable bill:--

"An Act relating to Slaves, and such in particular as shall happen to become Servants for Time.

"_It is ordered and enacted by the Governour, Council and Representatives, in General Court a.s.sembled, and by the authority of the same_, That all slaves set at liberty by their owners, and all negro, malatto, or Spanish Indians, who are servants to masters for time, in case they come to want, after they shall be so set at liberty, or the time of their said service be expired, shall be relieved by such owners or masters respectively, their heirs, executors, or administrators; and upon their, or either of their refusal so to do, the said slaves and servants shall be relieved by the selectmen of the towns to which they belong, and the said selectmen shall recover of the said owners or masters, their heirs, executors, or administrators, all the charge and cost they were at for such relief, in the usual manner as in the case of any other debts."[442]

In 1723 an Act was pa.s.sed regulating the social conduct, and restricting the personal rights, of slaves. The slaves were quite numerous at this time, and hence the colonists deemed it proper to secure repressive legislation. It is strange how antic.i.p.atory the colonies were during the zenith of the slavery inst.i.tution! They were always expecting something of the slaves. No doubt they thought that it would be but the normal action of goaded humanity if the slaves should rise and cut their masters' throats. The colonists lived in mortal dread of their slaves, and the character of the legislation was but the thermometer of their fear. This Act was a slight indication of the unrest of the people of this colony on the slavery question:--

"[376] AN ACT TO PREVENT THE DISORDER OF NEGRO AND INDIAN SERVANTS AND SLAVES IN THE NIGHT SEASON.

"_Be it enacted by the Governour, Council and Representatives, in General Court a.s.sembled, and by the authority of the same_, That from and after the publication of this act, if any negro or Indian servant or slave shall be found abroad from home in the night season, after nine of the clock, without special order from his or their master or mistress, it shall be lawful for any person or persons to apprehend and secure such negro or Indian servant or slave so offending, and him or them bring before the next a.s.sistant or justice of peace; which a.s.sistant or justice of peace shall have full power to pa.s.s sentence upon such negro or Indian servant or slave so offending, and order him or them to be publickly whipt on his or their naked body, not exceeding ten stripes, and pay cost of court, except his or their master or mistress shall redeem them by paying a fine not exceeding twenty shillings.

"_And it is hereby enacted by the authority aforesaid_, That if any such negro or Indian servant or slave as abovesaid shall have entertainment in any house after nine of the clock as aforesaid, except to do any business they may be sent upon, the head of the family that entertaineth or tolerates them in his or their house, or any the dependencies thereof, and being convicted thereof before any one a.s.sistant or justice of the peace, who shall have power to hear and determine the same, shall forfeit the sum of twenty shillings, one-half to the complainer and the other half to the treasury of the town where the offence is committed; any law or usage to the contrary notwithstanding.

And that it shall be the duty of the several grand-jurors and constables and tything-men, to make diligent enquiry into and present of all breaches of this act."[443]

The laws regulating slavery in the colony of Connecticut, up to this time, had stood, and been faithfully enforced. There had been a few infractions of the law, but the guilty had been punished. And in addition to statutory regulation of slaves, the refractory ones were often summoned to the bar of public opinion and dealt with summarily.

Individual owners of slaves felt themselves at liberty to use the utmost discretion in dealing with this species of their property. So on every hand the slave found himself scrutinized, suspicioned, feared, hated, and hounded by the entire community of whites who were by law a perpetual _posse comitatus_. The result of too great vigilance and severe censorship was positive and alarming. It made the slave desperate. It intoxicated him with a malice that would brook no restraint. It is said that the use of vigorous adjectives and strong English is a relief to one in moments of trial. But even this was denied the oppressed slaves in Connecticut; for in May, 1730, a bill was pa.s.sed punishing them for using strong language.

"AN ACT FOR THE PUNISHMENT OF NEGROES, INDIAN AND MULATTO SLAVES, FOR SPEAKING DEFAMATORY WORDS.

"_Be it enacted by the Governour, Council and Representatives, in General Court a.s.sembled, and by the authority of the same_, That if any Negro, Indian or Molatto slave shall utter, publish and speak such words of any person that would by law be actionable if the same were uttered, published or spoken by any free person of any other, such Negro, Indian or Molatto slave, being thereof convicted before any one a.s.sistant or justice of the peace, (who are hereby impowred to hear and determine the same,) shall be punished by whipping, at the discretion of the a.s.sistant or justice before whom the tryal is, (respect being had to the circ.u.mstances of the case,) not exceeding forty stripes. And the said slave, so convict, shall be sold to defray all charges arising thereby, unless the same be by his or their master or mistress paid and answered, &c."[444]

The above act is the most remarkable doc.u.ment in this period of its kind. And yet there are two noticeable features in it: viz., the slave is to be proceeded against the same as if he were a free person; and he was to be ent.i.tled to offer evidence, enter his plea, and otherwise defend himself against the charge. This was more than was allowed in any of the other colonies.

On the 9th of September, 1730, Gov. J. Talcott, in a letter to the "Board of Trade," said that there were "about 700 Indian and Negro slaves" in the colony. The most of these were Negro slaves. For on the 8th of July, 1715, a proclamation was issued by the governor against the importation of Indians;[445] and on the 13th of October, 1715, a bill was pa.s.sed "_prohibiting the Importation or bringing into_" the colony any Indian slaves. It was an exact copy of the Act of May, 1712, pa.s.sed in the colony of Ma.s.sachusetts.

The colony of Connecticut never established slavery by direct statute; but in adopting a code which was ordered by the General Court of Hartford to be "copied by the secretary into the book of public records," it gave the inst.i.tution legal sanction. This code was signed on the 5th of September, 1646. It recognized the lawfulness of Indian and Negro slavery. This was done under the confederacy of the "United Colonies of New England."[446] For some reason the part of the code recognizing slavery is omitted from the revised laws of 1715. In this colony, as in Ma.s.sachusetts, only members of the church, "and living within the jurisdiction," could be admitted to the rights of freemen.

In 1715 an Act was pa.s.sed requiring persons who desired to become "freemen of this corporation," to secure a certificate from the selectmen that they were "persons of quiet and peaceable behavior and civil conversation, of the age of twenty-one years, and freeholders."

This provision excluded all free Negroes. It was impossible for one to secure such a certificate. Public sentiment alone would have frowned upon such an innovation upon the customs and manners of the Puritans.

On the 17th of May, 1660, the following Act was pa.s.sed: "It is ordered by this court, that neither Indian nor negar serv'ts shall be required to traine, watch or ward in the Collo:"[447]

To determine the status of the Negro here, this Act was necessary. He might be free, own his own labor; but if the law excluded him from the periodical musters and trainings, from the church and civil duties, his freedom was a mere _misnomer_. It is difficult to define the rights of a free Negro in this colony. He was restricted in his relations with the slaves, and in his intercourse with white people was regarded with suspicion. If he had, in point of law, the right to purchase property, the general prejudice that confronted him on every hand made his warmest friends judiciously conservative. There were no provisions made for his intellectual or spiritual growth. He was regarded by both the religious and civil government, under which he lived, as a heathen. Even his accidental conversion could not change his condition, nor mollify the feelings of the white Christians (?) about him. Like the wild animal, he was possessed with the barest privilege of getting something to eat. Beyond this he had nothing.

Everywhere he turned, he felt the withering glance of a suspicious people. Prejudice and prescriptive legislation cast their dark shadows on his daily path; and the conscious superiority of the whites consigned him to the severest drudgery for his daily bread. The recollection of the past was distressing, the trials and burdens of the present were almost unbearable, while the future was one shapeless horror to him.

Perhaps the lowly and submissive acquiescence of the Negroes, bond and free, had a salutary effect upon the public mind. There is something awfully grand in an heroic endurance of undeserved pain. The white Christians married, and were given in marriage; they sowed and gathered rich harvests; they bought and built happy homes; beautiful children were born unto them; they built magnificent churches, and worshipped the true G.o.d: the present was joyous, and the future peopled with sublime antic.i.p.ation. The contrast of these two peoples in their wide-apart conditions must have made men reflective. And added to this came the loud thunders of the Revolution. Connecticut had her orators, and they touched the public heart with the glowing coals of patriotic resolve. They felt the insecurity of their own liberties, and were now willing to p.r.o.nounce in favor of the liberty of the Negroes. The inconsistency of asking for freedom, praying for freedom, fighting for freedom, and dying for freedom, when they themselves held thousands of human beings in bondage the most cruel the world ever knew, helped the cause of the slave. In 1762 the Negro population of this colony was four thousand five hundred and ninety.[448] Public sentiment was aroused on the slavery question; and in October, 1774, the following prohibition was directed at slavery:--

"_Act against importation of slaves_--"No Indian, negro, or mulatto slave shall at any time hereafter be brought or imported into this State, by sea or land, from any place or places whatsoever, to be disposed of, left or sold, within this State."[449]

The above bill was brief, but pointed; and showed that Connecticut was the only one of the New-England colonies that had the honesty and courage to legislate against slavery. And the patriotism and incomparable valor of the Negro soldiers of Connecticut, who proudly followed the Continental flag through the fires of the Revolutionary War, proved that they were worthy of the humane sentiment that demanded the Act of 1774.

FOOTNOTES:

[435] In the Capital Laws of Connecticut, pa.s.sed on the 1st of December, 1642, the tenth law reads as follows. "10. If any man stealeth a man or mankind, he shall be put to death. Ex. 21 16." But this was the law in Ma.s.sachusetts, and yet slavery existed there for one hundred and forty-three (143) years.

[436] Conn. Col. Recs., 1678-89, p. 293.

[437] Ibid., p. 298.

[438] Conn Col Recs., 1689-1706, p. 40

[439] Ibid. 1689-1706, pp. 375, 376.

[440] Conn. Col. Recs., 1706-16, p. 52.

[441] Ibid., pp 51, 53.

[442] Conn. Col. Recs., 1706-16, p. 233.

[443] Conn. Col. Recs., 1717-25, pp. 390, 391.

[444] Ibid., 1726-35, p. 290.

[445] Conn. Col. Recs., 1706-16, pp. 515, 516.

[446] Hazard, State Papers, vol. ii. pp. 1-6.

[447] Conn. Col. Recs., vol. i. p. 349.

[448] Pres. Stiles's MSS.

[449] Freedom and Bondage, vol. i. pp. 272, 273.