History of the Negro Race in America Volume I Part 61

"_To be_ SOLD, very Cheap, for no other Reason than for want of Employ, an exceeding Active NEGRO BOY, aged fifteen.

Also, a likely NEGRO GIRL, aged seventeen."

From "The Continental Journal," Aug. 17, 1780:--

"_To be_ SOLD, a likely NEGRO BOY."

From the same, Aug. 24 and Sept. 7:--

"_To be_ SOLD or LETT, for a term of years, a strong, hearty, likely NEGRO GIRL."

From the same, Oct. 19 and 26, and Nov. 2:--

"_To be_ SOLD, a likely NEGRO BOY, about eighteen years of Age, fit for to serve a Gentleman, to tend horses or to work in the Country."

From the same, Oct. 26, 1780:--

"_To be_ SOLD, a likely NEGRO BOY, about 13 years old, well calculated to wait on a Gentleman. Inquire of the Printer."

"_To be_ SOLD, a likely young COW and CALF. Inquire of the Printer."

"Independent Chronicle," Dec. 14, 21, 28, 1780:--

"A NEGRO CHILD, _soon expected, of a good breed_, may be owned by any Person inclining to take it, and Money with it."

"Continental Journal," Dec. 21, 1780, and Jan. 4, 1781:--

"_To be_ SOLD, a hearty, strong NEGRO WENCH, about 29 years of age, fit for town or country."

From "The Continental Journal," March 1, 1781:--

"_To be_ SOLD, an extraordinary likely NEGRO WENCH, 17 years old, she can be warranted to be strong, healthy and good-natured, _has no notion of Freedom_, has been always used to a Farmer's Kitchen and dairy, and is not known to have any failing, but being with Child, which is the only cause of her being sold."

It is evident, from the wording of the last advertis.e.m.e.nt quoted, that the Negroes were sniffing the air of freedom that occasionally blew from the victorious battle-fields, where many of their race had distinguished themselves by the most intrepid valor. They began to get "_notions of freedom_," and this depreciated their market value.

Dr. William Gordon, the steadfast, earnest, and intelligent friend of the Negro, was deposed as chaplain of both branches of the Legislature on account of his vehement protest against the adoption of the fifth article of the const.i.tution by that body. But his zeal was not thereby abated. He continued to address able articles to the public, and wrought a good work upon the public conscience.

In Virginia, notwithstanding Negroes were among the State's most gallant defenders, a law was pa.s.sed in October, 1776, "declaring tenants of lands or slaves in taille to hold the same in fee simple."

Under the circ.u.mstances, after the war had begun, and after the declaration by the State of national independence, it was a most remarkable law.

"That any person who now hath, or hereafter may have, any estate in fee taille, general or special, in any lands or slaves in possession, or in the use or trust of any lands or slaves in possession, or who now is or hereafter may be ent.i.tled to any such estate taille in reversion or remainder, after the determination of any estate for life or lives, or of any lesser estate, whether such estate taille hath been or shall be created by deeds, will, act of a.s.sembly, or by any other ways or means, shall from henceforth, or from the commencement of such estate taille, stand _ipso facto_ seized, possessed, or ent.i.tled of, in, or to such lands or slaves, or use in lands or slaves, so held or to be held as aforesaid, in possession, reversion, or remainder, in full and absolute fee simple, in like manner as if such deed, will, act of a.s.sembly, or other instrument, had conveyed the same to him in fee simple; any words, limitations, or conditions, in the said deed, will, act of a.s.sembly, or other instrument, to the contrary notwithstanding."[625]

But the valor of the Negro soldier had great influence upon the public mind, and inspired the people in many of the States to demand public recognition of deserving Negroes. It has been noted already, that in South Carolina, if a Negro, having been captured by the enemy, made good his escape back into the State, he was emanc.i.p.ated; and, if wounded in the line of duty, was rewarded with his freedom. Rhode Island purchased her Negroes for the army, and presented them with fifty dollars bounty and a certificate of freedom at the close of the war. Even Virginia, the mother of slavery, remembered, at the close of the war, the brave Negroes who had fought in her regiments. In October, 1783, the following Act was pa.s.sed emanc.i.p.ating all slaves who had served in the army with the permission of their masters. It is to be regretted, however, that _all_ slaves who had served in the army were not rewarded with their freedom.

"I. WHEREAS it hath been represented to the present general a.s.sembly, that during the course of the war, many persons in this state had caused their slaves to enlist in certain regiments or corps raised within the same, having tendered such slaves to the officers appointed to recruit forces within the state, as subst.i.tutes for free persons, whose lot or duty it was to serve in such regiments or corps, at the same time representing to such recruiting officers that the slaves so enlisted by their direction and concurrence were freemen; and it appearing further to this a.s.sembly, that on the expiration of the term of enlistment of such slaves that the former owners have attempted again to force them to return to a state of servitude, contrary to the principles of justice, and to then own solemn promise.

"II. And whereas it appears just and reasonable that all persons enlisted as aforesaid, who have faithfully served agreeable to the terms of their enlistment, and have thereby of course contributed towards the establishment of American liberty and independence, should enjoy the blessings of freedom as a reward for their toils and labours; _Be it therefore enacted_, That each and every slave who by the appointment and direction of his owner, hath enlisted in any regiment or corps raised within this state, either on continental or state establishment, and hath been received as a subst.i.tute for any free person whose duty or lot it was to serve in such regiment or corps, and hath served faithfully during the term of such enlistment, or hath been discharged from such service by some officer duly authorized to grant such discharge, shall from and after the pa.s.sing of this act, be fully and compleatly emanc.i.p.ated, and shall be held and deemed free in as full and ample a manner as if each and every of them were specially named in this act; and the attorney-general for the commonwealth, is hereby required to commence an action, _in forma pauperis_, in behalf of any of the persons above described who shall after the pa.s.sing of this act be detained in servitude by any person whatsoever; and if upon such prosecution it shall appeal that the pauper is ent.i.tled to his freedom in consequence of this act, a jury shall be empanelled to a.s.sess the damages for his detention."[626]

New York enlisted her Negro soldiers under a statutory promise of freedom. They were required to serve three years, or until regularly discharged. Several other States emanc.i.p.ated a few slaves who had served faithfully in the army; and the recital of the n.o.ble deeds of black soldiers was listened to with great interest, had an excellent effect upon many white men after the war, and went far towards mollifying public sentiment on the slavery question.

If Ma.s.sachusetts were ever moved by the valor of her black soldiers to take any action recognizing their services, the record has not been found up to the present time. After commemorating the 5th of March for a long time, as a day on which to inflame the public zeal for the cause of freedom, her Legislature refused to mark the grave of the first martyr of the Revolution, Crispus Attucks!

Slavery flourished during the entire Revolutionary period. It enjoyed the silent acquiescence of the pulpit, the support of the public journals, the sanction of the courts, and the endors.e.m.e.nt of the military establishment. In a free land (?), under the flag of the government Negroes fought, bled, sacrificed, and died to establish, slavery held undisputed sway. The colonial government, built by the cruel and voracious avarice of Britain, crumbled under the master-stroke of men who desired political and religious liberty more than jewelled crowns; but the slave inst.i.tution stood unharmed by the shock of embattled arms. The colonists asked freedom for themselves and children, but forged chains for Negroes and their children. And while a few individual Negro slaves were made a present of themselves at the close of the war, on account of their gallant service, hundreds of thousands of their brethren were still retained in bondage

FOOTNOTES:

[622] See Slavery in Ma.s.s., p. 178.

[623] House Journal, pp. 19, 25.

[624] Ma.s.s. Archives; Revolutionary Resolves, vol. vii. p. 133.

[625] Hening, vol. ix. p. 226.

[626] Hening, vol. xi pp. 308, 309.

CHAPTER x.x.xI.

SLAVERY AS A POLITICAL AND LEGAL PROBLEM.

1775-1800.

BRITISH COLONIES IN NORTH AMERICA DECLARE THEIR INDEPENDENCE.--A NEW GOVERNMENT ESTABLISHED.--SLAVERY THE BANE OF AMERICAS CIVILIZATION.--THE TORY PARTY ACCEPT THE DOCTRINE OF PROPERTY IN MAN.--THE DOCTRINE OF THE LOCAL CONSt.i.tUTION IN THE SOUTH.--THE WAR PARTY THE DOMINANT POLITICAL ORGANIZATION IN THE NORTHERN STATES.--SLAVERY RECOGNIZED UNDER THE NEW GOVERNMENT.--ANTI SLAVERY AGITATION IN THE STATES.--ATTEMPTED LEGISLATION AGAINST SLAVERY.--ARTICLES OF CONFEDERATION.--THEIR ADOPTION IN 1778.--DISCUSSION CONCERNING THE DISPOSAL OF THE WESTERN TERRITORY.--MR. JEFFERSON'S RECOMMENDATION--AMENDMENT OF MR.

SPAIGHT.--CONGRESS IN NEW YORK IN 1787.--DISCUSSION RESPECTING THE GOVERNMENT OF THE WESTERN TERRITORY.--CONVENTION AT PHILADELPHIA TO FRAME THE FEDERAL CONSt.i.tUTION.--PROCEEDINGS OF THE CONVENTION.--THE SOUTHERN STATES STILL ADVOCATE SLAVERY.--SPEECHES ON THE SLAVERY QUESTION BY LEADING STATESMEN.--CONSt.i.tUTION ADOPTED BY THE CONVENTION IN 1787.--FIRST SESSION OF CONGRESS UNDER THE FEDERAL CONSt.i.tUTION HELD IN NEW YORK IN 1789.--THE INTRODUCTION OF A TARIFF BILL.--AN ATTEMPT TO AMEND IT BY INSERTING A CLAUSE LEVYING A TAX ON SLAVES BROUGHT BY WATER.--EXTINCTION OF SLAVERY IN Ma.s.sACHUSETTS.--A CHANGE IN THE PUBLIC OPINION OF THE MIDDLE AND EASTERN STATES ON THE SUBJECT OF SLAVERY.--DR. BENJAMIN FRANKLIN'S ADDRESS TO THE PUBLIC FOR PROMOTING THE ABOLITION OF SLAVERY.--MEMORIAL TO THE UNITED STATES CONGRESS.--CONGRESS IN 1790.--BITTER DISCUSSION ON THE RESTRICTION OF THE SLAVE TRADE.--SLAVE POPULATION.--VERMONT AND KENTUCKY ADMITTED INTO THE UNION.--A LAW PROVIDING FOR THE RETURN OF FUGITIVES FROM 'LABOR AND SERVICE.--CONVENTION OF FRIENDS HELD IN PHILADELPHIA.--AN ACT AGAINST THE FOREIGN SLAVE TRADE.--MISSOURI TERRITORY.--CONSt.i.tUTION OF GEORGIA REVISED.--NEW YORK Pa.s.sES A BILL FOR THE GRADUAL EXTINCTION OF SLAVERY.--CONSt.i.tUTION OF KENTUCKY REVISED.--SLAVERY AS AN INSt.i.tUTION FIRMLY ESTABLISHED.

The charge that the mother-country forced slavery upon the British colonies in North America held good until the colonies threw off the yoke, declared their independence, and built a new government, on the 4th of July, 1776. After the promulgation of the gospel of human liberty, the United States of America could no longer point to England as the "first man Adam" of the accursed sin of slavery. Henceforth the American government, under the new dispensation of peace and the equality of all men, was responsible for the continuance of slavery, both as a political and legal problem

Slavery did not escheat to the English government upon the expiration of its authority in North America. It became the dreadful inheritance of the new government, and the eyesore of American civilization.

Instead of expelling it from the political inst.i.tutions of the country, it gradually became a factor of great power. Instead of ruling it out of the courts, it was clothed with the ample garments of judicial respectability.

The first article of the immortal Declaration of Independence was a mighty shield of beautifully wrought truths, that the authors intended should protect every human being on the American Continent.

"_We hold these truths to be self-evident:--that all men are created equal, that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, and the pursuit of happiness. That to secure these rights, governments are inst.i.tuted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to inst.i.tute a new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness_."

It was to be expected, that, after such a declaration of principles, the United States would have abolished slavery and the slave-trade forever. While the magic words of the Declaration of Independence were not the empty "palaver" of a few ambitious leaders, yet the practices of the local and the national government belied the grand sentiments of that instrument. From the earliest moment of the birth of the United-States government, slavery began to receive political support and encouragement. Though it was the cruel and depraved offspring of the British government, it nevertheless was adopted by the _free government_ of America. Political policy seemed to dictate the methods of a political recognition of the inst.i.tution. And the fact that the slave-trade was prohibited by Congress at an early day, and by many of the colonies also, did not affect the inst.i.tution in a local sense.

The Tory party accepted the doctrine of property in man, without hesitation or reservation. Their political fealty to the Crown, their party exclusiveness, and their earnest desire to co-operate with the Royal African Company in the establishment of the slave inst.i.tution in America, made them, as per necessity, the political guardians of slavery. The inst.i.tution once planted, property in man having been acquired, it was found to be a difficult task to uproot it. Moreover, the loss of the colonies to the British Crown did not imply death to the Tory party. It doubtless suffered organically; but its individual members did not forfeit their political convictions, nor suffer their interest in the slave-trade to abate. The new States were ambitious to acquire political power. The white population of the South was small when compared with that of the North; but the slave population, added to the former, swelled it to alarming proportions.

The local governments of the South had been organized upon the fundamental principles of the Locke Const.i.tution. The government was lodged with the few, and their rights were built upon landed estates and political t.i.tles and favors. Slaves in the Carolinas and Virginias answered to the va.s.sals and villeins of England. This aristocratic element in Tory politics was in harmony, even in a republic, with the later wish of the South to build a great political "government upon Slavery as its chief corner-stone." Added to this was the desire to abrogate the law of indenture of white servants, and thus to the odium of slavery to loan the powerful influence of caste,--ranging the Caucasian against the Ethiopian, the intelligent against the ignorant, the strong against the weak.

New England had better ideas of popular government for and of the people, but her practical position on slavery was no better than any State in the South. The Whig party was the dominant political organization throughout the Northern States; but the universality of slavery made dealers in human flesh members of all parties.

The men who wrote the Declaration of Independence deprecated slavery, as they were p.r.o.nounced Whigs; but nevertheless many of them owned slaves. They wished the evil exterminated, but confessed themselves ignorant of a plan by which to carry their desire into effect. The good desires of many of the people, born out of the early days of the struggle for independent existence, perished in their very infancy; and, as has been shown, all the States, and the Congress of the United States, recognized slavery as existing under the new political government.

But public sentiment changes in a country where the intellect is unfettered. First, on the eve of the Revolutionary War, Congress and nearly all the States p.r.o.nounced against slavery; a few years later they all recognized the sacredness of slave property; and still later all sections of the United States seemed to have been agitated by anti-slavery sentiments. In 1780 the Legislature of Pennsylvania prohibited the further introduction of slaves, and gave freedom to the children of all slaves born in the State. Delaware resolved "that no person hereafter imported from Africa ought to be held in slavery under any pretense whatever." In 1784 Connecticut and Rhode Island modified their slave-code, and forbade further importations of slaves.