The Journal of Negro History Volume III Part 23

A group of Southern folks have organized a Southern Publicity Committee to advertise among themselves some of the South's constructive work in racial matters. They propose to furnish Southern daily papers with brief and accurate accounts of things actually being done in definite places by given persons or groups or States in the South, for or in cooperation with Negroes for Negro betterment, and to make the South a better place, morally and economically, for both races to live in.

The chairman of the committee is Dr. J. H. Dillard, director of the Jeanes and Slater Funds, a Virginian, and an LL.D. of three Southern universities, including his alma mater, Washington and Lee. The other members are Dr. Thomas Jesse Jones, specialist of the U. S. Bureau of Education; Mrs. Percy V. Pennypacker, of the National Federation of Women's Clubs; the Rt. Rev. Theodore D. Bratton, D.D., of the Diocese of Mississippi; Messrs. Clark Howell of the Atlanta Const.i.tution; Arthur B. Krock, of the Louisville Courier-Journal; D. P. Toomey, of the Dallas News; C. P. J. Mooney of the Memphis Commercial-Appeal; E.

E. Britton, formerly of the Raleigh Observer, private secretary to Secretary Daniels; Jackson Davis of Richmond, general field agent of the General Education Board; Walter Parker, general manager of the New Orleans a.s.sociation of Commerce; the Rev. J. W. Lee, D.D., of St.

Louis, the well-known Southern Methodist minister, author and lecturer; Dr. W. S. Currell, president of the South Carolina State University; Dr. Chas. L. Crow, of the State university of Florida; Dr.

W. D. Weatherford, of Nashville, Tenn., secretary of the International Y. M. C. A.; and Mrs. John D. Hammond of Georgia, who will act as secretary for the committee.

The Committee will undertake publicity work in behalf of the best aspects of our inter-racial relations in no spirit of boastfulness or of self-satisfaction as Southerners. They are aware of the shadows, the back eddies, the sinister influences in the lives of both races.

But they believe the good outweighs the evil, and deserves at least as wide a hearing; and that to give publicity to successful constructive work done by their own people will encourage others to similar efforts, and will further the interests of both races. They ask a hearing from the Southern public for these aspects of Southern life.

Dean Benjamin P. Brawley, of Morehouse College, has brought out a new work ent.i.tled _The Negro in Literature and Art_, published by Duffield and Company, New York City. It was incorrectly reported in our last issue that this work was to be published by Dodd, Mead and Company.

Dean Brawley contributed to the _Sewanee Review_ for January an article ent.i.tled _Richard le Gallienne and the Tradition of Beauty_.

This is a literary study of merit.

Dr. James H. Dillard contributed to _School and Society_ an article ent.i.tled _County Machinery for Colored Schools in the South_. It contains information both helpful and valuable to persons interested in the education of the Negro.

M. M. Ponton's _Life and Times of Henry M. Turner_ has come from the press of A. B. Caldwell Publishing Company, Atlanta, Georgia.

G. P. Putnam's Sons have announced the publication of Ella Loun's _Reconstruction in Louisiana_.

J. E. Semmes has published _John H. B. Latrobe and His Times, 1803-1891_, through the Norman Remington Company, Baltimore.

THE JOURNAL

OF

NEGRO HISTORY

VOL. III--JULY, 1918--NO. 3

SLAVERY IN KENTUCKY

CHAPTER I

INTRODUCTION

This study is an attempt to give a connected and concise account of the inst.i.tution of slavery as it existed in the State of Kentucky from 1792 to 1865. Much has been written of slavery in other States, but there has not been published a single account which deals adequately with the inst.i.tution in Kentucky. A scholarly treatise on _The Anti-Slavery Movement in Kentucky_, by Professor Asa E. Martin, of Pennsylvania State College, has appeared but, as this work is limited to a discussion of the history of the movement to overthrow slavery, our study parallels and supplements it.

In this study the chief emphasis has been placed upon the legal, economic and social history of slavery in Kentucky, mention being made of a few of the interesting anti-slavery incidents when these are known to have influenced the local status of the slave. We have first considered the inception of the system as based fundamentally upon the type of land settlement and tenure, followed by a study of the growth of the slave population, which brings in the question of the local economic value of the slave. An attempt has been made to explain the internal slave trade; and to consider to what extent Kentucky served as a breeding State for slaves destined to the market in the lower South.

In the chapter on the legal status of slavery special emphasis has been placed not only upon the legal position of the inst.i.tution but upon the general evolution of the rights of the Negro in servitude.

This section is vitally connected with the anti-slavery movement after about the year 1835. The problem of the fugitive slave and the general rights of emanc.i.p.ation and of the freed Negro have been approached purely from the legal standpoint.

The chapter on the social status of the slave considers the conditions of slave life that were more or less peculiar to Kentucky. There has often been made the statement, that in Kentucky Negro servitude was generally on a higher plane than in the States to the south and the treatment of slaves was much more humane. Some light has been thrown on these questions.

As a supplement to the discussion of the legal and social status a general summary of public opinion regarding emanc.i.p.ation and colonization has been added. Although for the most part consisting of previously published material this section has been treated from the viewpoint of the existing inst.i.tution and not from the anti-slavery side which occasioned most of the original publication.

This study has been made from a consideration of the contemporary evidence as found in newspapers, statements of slaves, and general evidence of travelers and citizens of Kentucky during the period before the Civil War. The material for the study of this field is not only scattered throughout the country but for the most part it is very meager compared with the records of States like Virginia and Missouri.

All the doc.u.ments, papers, ma.n.u.scripts and works known to be of value, however, have been consulted. The most valuable records for this treatise are to be found in the Durrett Collection at the University of Chicago, the extensive files of early Kentucky papers in the Library of the American Antiquarian Society, and the doc.u.ments in the Kentucky State Library at Frankfort.

To Mr. Clarence S. Brigham, of the American Antiquarian Society, Mr.

Edward A. Henry, of the University of Chicago Library, and Mr. Frank Kavanaugh, of the Kentucky State Library, I am indebted for invaluable a.s.sistance rendered in securing material for this work. The treatment of the legal status of slavery would have been very meager, were it not for the valuable aid given by Dr. George E. Wire, of the Worcester County (Ma.s.sachusetts) Law Library. To Miss Florence Dillard, of the Lexington (Kentucky) Public Library, I am indebted for a.s.sistance given throughout the period of my studies. To Prof. George H.

Blakeslee, of Clark University, I owe more than to any one else--for his inspiration during my three years of study, for his most valuable aid in the correction of the ma.n.u.script, his candid judgment and judicial reasoning and the many suggestions which have helped to make this study what it is.

IVAN E. MCDOUGLE

CLARK UNIVERSITY, WORCESTER, Ma.s.sACHUSETTS.

CHAPTER II

THE DEVELOPMENT OF SLAVERY

It is impossible to understand slavery in Kentucky without some knowledge of the method by which the land was settled in the latter part of the eighteenth century. Between 1782 and 1802 the seven States which had interest in western lands ceded their rights to the United States and all that territory with the exception of Kentucky and the Connecticut Reserve in Ohio was made a part of the public domain.

Hence, one of the distinguishing features of the settlement of Kentucky as compared with Ohio was that in the latter State the land was sold by the Federal Government to settlers coming from all parts of the country but particularly from the northeastern section. The result of this was that few citizens of Ohio held more than 640 acres.

Kentucky had been reserved by Virginia and consequently the method of settlement was purely a matter governed by that State and was separate and apart from the system which was employed by the United States Government. Furthermore, Kentucky lands were all given out by 1790, just one year after the beginning of our national period. The federal land policy was at that time just beginning. Virginia gave out the lands in Kentucky by what is known as the patent system, and all the settlers in Kentucky held their lands by one of three different kinds of rights.

In the first place there were those who were given tracts in the new territory as a reward for military services which had been rendered in the Revolution. This had been provided for by the legislature of Virginia as early as December, 1778.[234] No land north of the Ohio River was to be granted out as a military bounty until all the "good lands" in the Kentucky region had been exhausted. The size of these tracts was to be governed by the official status of the recipient in the late war, and the bounties finally granted by Virginia ranged all the way from one hundred to fifteen thousand acres.[235]

The Virginia legislature of 1779 found it necessary to establish a second method of settlement in Kentucky in response to the demands of the large number of people who were migrating to the west of the Alleghenies. Provision was made for the granting of preemption rights to new settlers and also for the introduction of a very generous system of settlement rights. These settlement and preemption rights were almost inseparable, as the latter was dependent upon the former.

It was provided that four hundred acres of land would be given to every person or family who had settled in the region before the first of January, 1778.[236] The word "settlement" was stated to mean either a residence of one year in the territory or the raising of a crop of corn. In addition to the above grant every man who had built only a cabin or made any improvement on the land was ent.i.tled to a preemption of one thousand acres, providing such improvements had been made prior to January 1, 1778. Preference in the grants was to be given to the early settlers and even the most famous heroes of the Revolution were not allowed to interfere with the rights of those who held a certificate of settlement.

Thus far provision had been made only for those who had settled before 1778. To them was given the best of the land. Thereafter all settlement and preemption rights ceased and the further distribution of land in Kentucky was by means of treasury warrants. A person desiring land in Kentucky would appear at one of the Virginia land offices and make an entry and pay a fee amounting to about two cents per acre. The paper he would receive would give the approximate location of the tract and the recipient would proceed to have the land surveyed at his pleasure. Within three months after the survey had been made he was to appear at the land office and have the same recorded. A copy of this record was to be taken to the a.s.sistant register of the land office in Kentucky and there it was to remain six months in order to give prior settlers, if any, the right to prove their claims to the property. No such evidence being produced a final record of the patent was to be made and a copy given to the original grantee.[237]

An interesting example of this method of settlement is shown by the experience of Abraham Lincoln, the grandfather of President Lincoln.