[203] Ibid., vol. iv. pp. 133, 134.

[204] Ibid., vol. iv, p. 133.

[205] Ibid., vol. vii. p. 95; and vol. vi. p. 533.

[206] Ibid., vol. iv. p. 131.

[207] Ibid., vol. iii. p. 87.

[208] Campbell, p. 529.

[209] Burk, vol. ii. Appendix, p. xiii.

[210] Foot's Sketches, First Series, p. 291.

[211] Hening, vol. ii. p. 517.

[212] Hening, vol. ii. p. 518.

[213] Campbell, p. 383.

[214] Chalmers's American Colonies, vol. ii. p. 7.

CHAPTER XIII.

THE COLONY OF NEW YORK.

1628-1775.

SETTLEMENT OF NEW YORK BY THE DUTCH IN 1609.--NEGROES INTRODUCED INTO THE COLONY, 1628.--THE TRADE IN NEGROES INCREASED.--TOBACCO EXCHANGED FOR SLAVES AND MERCHANDISE.

GOVERNMENT OF THE COLONY.--NEW NETHERLAND FALLS INTO THE HANDS OF THE ENGLISH, AUG. 27, 1664.--VARIOUS CHANGES.--NEW LAWS ADOPTED.--LEGISLATION.--FIRST REPRESENTATIVES ELECTED IN 1683.--IN 1702 QUEEN ANNE INSTRUCTS THE ROYAL GOVERNOR IN REGARD TO THE IMPORTATION OF SLAVES.--SLAVERY RESTRICTIONS.--EXPEDITION TO EFFECT THE CONQUEST OF CANADA UNSUCCESSFUL.--NEGRO RIOT.--SUPPRESSED BY THE EFFICIENT AID OF TROOPS.--FEARS OF THE COLONISTS.--NEGRO PLOT OF 1741.--THE ROBBERY OF HOGG'S HOUSE.--DISCOVERY OF A PORTION OF THE GOODS.--THE ARREST OF HUGHSON, HIS WIFE, AND IRISH PEGGY.--CRIMINATION AND RECRIMINATION.--THE BREAKING-OUT OF NUMEROUS FIRES.--THE ARREST OF SPANISH NEGROES.--THE TRIAL OF HUGHSON.--TESTIMONY OF MARY BURTON.--HUGHSON HANGED.--THE ARREST OF MANY OTHERS IMPLICATED IN THE PLOT.--THE HANGING OF CaeSAR AND PRINCE.--QUACK AND CUFFEE BURNED AT THE STAKE.--THE LIEUTENANT-GOVERNOR'S PROCLAMATION.--MANY WHITE PERSONS ACCUSED OF BEING CONSPIRATORS.--DESCRIPTION OF HUGHSON'S MANNER OF SWEARING THOSE HAVING KNOWLEDGE OF THE PLOT.--CONVICTION AND HANGING OF THE CATHOLIC PRIEST URY.--THE SUDDEN AND UNEXPECTED TERMINATION OF THE TRIAL.--NEW LAWS MORE STRINGENT TOWARD SLAVES ADOPTED.

From the settlement of New York by the Dutch in 1609, down to its conquest by the English in 1664, there is no reliable record of slavery in that colony. That the inst.i.tution was coeval with the Holland government, there can be no historical doubt. During the half-century that the Holland flag waved over the New Netherlands, slavery grew to such proportions as to be regarded as a necessary evil. As early as 1628 the irascible slaves from Angola,[215] Africa, were the fruitful source of wide-spread public alarm. A newly settled country demanded a hardy and energetic laboring cla.s.s. Money was scarce, the colonists poor, and servants few. The numerous physical obstructions across the path of material civilization suggested cheap but efficient labor. White servants were few, and the cost of securing them from abroad was a great hinderance to their increase. The Dutch had possessions on the coast of Guinea and in Brazil, and hence they found it cheap and convenient to import slaves to perform the labor of the colony.[216]

The early slaves went into the pastoral communities, worked on the public highways, and served as valets in private families. Their increase was stealthy, their conduct insubordinate, and their presence a distressing nightmare to the apprehensive and conscientious.

The West India Company had offered many inducements to its patroons.[217] And its pledge to furnish the colonists with "as many blacks as they conveniently could," was scrupulously performed.[218]

In addition to the slaves furnished by the vessels plying between Brazil and the coast of Guinea, many Spanish and Portuguese prizes were brought into the Netherlands, where the slaves were made the chattel property of the company. An urgent and extraordinary demand for labor, rather than the cruel desire to traffic in human beings, led the Dutch to encourage the bringing of Negro slaves. Scattered widely among the whites, treated often with the humanity that characterized the treatment bestowed upon the white servants, there was little said about slaves in this period. The majority of them were employed upon the farms, and led quiet and sober lives. The largest farm owned by the company was "_cultivated by the blacks_;"[219] and this fact was recorded as early as the 19th of April, 1638, by "Sir William Kieft, Director-General of New Netherland." And, although the references to slaves and slavery in the records of Amsterdam are incidental, yet it is plainly to be seen that the inst.i.tution was purely patriarchal during nearly all the period the Hollanders held the Netherlands.

Manumission of slaves was not an infrequent event.[220] Sometimes it was done as a reward for meritorious services, and sometimes it was prompted by the holy impulses of humanity and justice. The most cruel thing done, however, in this period, was to hold as slaves in the service of the company the children of Negroes who were lawfully manumitted. "All their children already born, or yet to be born, remained obligated to serve the company as slaves." In cases of emergency the liberated fathers of these bond children were required to serve "by water or by land" in the defence of the Holland government.[221] It is gratifying, however, to find the recorded indignation of some of the best citizens of the New Netherlands against the enslaving of the children of free Negroes. It was severely denounced, as contrary to justice and in "violation of the law of nature." "How any one born of a free Christian mother" could, notwithstanding, be a slave, and be obliged to remain such, pa.s.sed their comprehension.[222] It was impossible for them to explain it."

And, although "they were treated just like Christians," the moral sense of the people could not excuse such a flagrant crime against humanity.[223]

Director-General Sir William Kieft's unnecessary war, "without the knowledge, and much less the order, of the XIX., and against the will of the Commonality there," had thrown the Province into great confusion. Property was depreciating, and a feeling of insecurity seized upon the people. Instead of being a source of revenue, New Netherlands, as shown by the books of the Amsterdam Chamber, had cost the company, from 1626 to 1644, inclusive, "over five hundred and fifty thousand guilders, deducting the returns received from there."

It was to be expected that the slaves would share the general feeling of uneasiness and expectancy. Something had to be done to stay the panic so imminent among both cla.s.ses of the colonists, bond and free.

The Bureau of Accounts made certain propositions to the company calculated to act as a tonic upon the languishing hopes of the people.

After reciting many methods by which the Province was to be rejuvenated, it was suggested "that it would be wise to permit the patroons, colonists, and other farmers to import as many Negroes from the Brazils as they could purchase for cash, to a.s.sist them on their farms; as (it was maintained) these slaves could do more work for their masters, and were less expensive, than the hired laborers engaged in Holland, and conveyed to New Netherlands, "_by means of much money and large promises_."[224]

Nor was the subst.i.tution of slave labor for white a temporary expedient. Again in 1661 a loud call for more slaves was heard.[225]

In the October treaty of the same year, the Dutch yielded to the seductive offer of the English, "to deliver two or three thousand hogsheads of tobacco annually ... in return for negroes and merchandise." At the first the Negro slave was regarded as a cheap laborer,--a blessing to the Province; but after a while the cupidity of the English induced the Hollanders to regard the Negro as a coveted, marketable chattel.

"In its scheme of political administration, the West-India Company exhibited too often a mercantile and selfish spirit; and in encouraging commerce in Negro slaves, it established an inst.i.tution which subsisted many generations after its authority had ceased."[226]

The Dutch colony was governed by the Dutch and Roman law. The government was tripart.i.te,--executive, legislative, and judicial,--all vested in, and exercised by, the governor and council. There seemed to be but little or no necessity for legislation on the slavery question.

The Negro seemed to be a felt need in the Province, and was regarded with some consideration by the kind-hearted Hollanders. Benevolent and social, they desired to see all around them happy. The enfranchised African might and did obtain a freehold; while the Negro who remained under an inst.i.tution of patriarchal simplicity, scarcely knowing he was in bondage, danced merrily at the best, in "kermis," at Christmas and Pinckster.[227] There were, doubtless, a few cases where the slaves received harsh treatment from their masters; but, as a rule, the jolly Dutch fed and clothed their slaves as well as their white servants. There were no severe rules to strip the Negroes of their personal rights,--such as social amus.e.m.e.nts or public feasts when their labors had been completed. During this entire period, they went and came among their cla.s.s without let or hinderance. They were married, and given in marriage;[228] they sowed, and, in many instances, gathered an equitable share of the fruits of their labors.

If there were no schools for them, there were no laws against an honest attempt to acquire knowledge at seasonable times. The Hollanders built their government upon the hearthstone, believing it to be the earthly rock of ages to a nation that would build wisely for the future. And while it is true that they regarded commerce as the life-blood of the material existence of a people, they nevertheless found their inspiration for multifarious duties in the genial sunshine of the family circle. A nation thus const.i.tuted could not habilitate slavery with all the hideous features it wore in Virginia and Ma.s.sachusetts. The slaves could not escape the good influences of the mild government of the New Netherlands, nor could the Hollanders withhold the brightness and goodness of their hearts from their domestic slaves.

On the 27th of August, 1664, New Netherlands fell into the hands of the English; and the city received a new name,--New York, after the famous Duke of York. When the English colors were run up over Fort Amsterdam, it received a new name, "Fort James." In the twenty-four articles in which the Hollanders surrendered their Province, there is no direct mention of slaves or slavery. The only clause that might be construed into a reference to the slaves is as follows: "IV. If any inhabitant have a mind to remove himself, he shall have a year and six weeks from this day to remove himself, wife, children, _servants_, goods, and to dispose of his lands here." There was nothing in the articles of capitulation hostile to slavery in the colony.

During the reign of Elizabeth, the English government gave its royal sanction to the slave-traffic. "In 1562 Sir John Hawkins, Sir Lionel d.u.c.h.et, Sir Thomas Lodge, and Sir William Winter"--all "honorable men"--became the authors of the greatest curse that ever afflicted the earth. Hawkins, a.s.sisted by the aforenamed gentlemen, secured a ship-load of Africans from Sierra Leone, and sold them at Hispaniola.

Many were murdered on the voyage, and cast into the sea. The story of this atrocity coming to the ears of the queen, she was horrified. She summoned Hawkins into her presence, in order to rebuke him for his crime against humanity. He defended his conduct with great skill and eloquence. He persuaded her Royal Highness that it was an act of humanity to remove the African from a bad to a better country, from the influences of idolatry to the influences of Christianity.

Elizabeth afterwards encouraged the slave-trade.

So when New Netherlands became an English colony, slavery received substantial official encouragement, and the slave became the subject of colonial legislation.

The first laws under the English Government were issued under the patent to the Duke of York, on the 1st of March, 1665, and were known as "the Duke's Laws." It is rather remarkable that they were fashioned after the famous "Ma.s.sachusetts Fundamentals," adopted in 1641. These laws have the following caption: "_Laws collected out of the several laws now in force in his majesty's American colonies and plantations._" The first mention of slavery is contained in a section under the caption of "Bond Slavery."

"No Christian shall be kept in Bondslavery, villenage, or Captivity, Except Such who shall be Judged thereunto by Authority, or such as willing have sold or shall sell themselves, In which Case a Record of Such servitude shall be entered in the Court of Sessions held for that Jurisdiction where Such Masters shall Inhabit, provided that nothing in the Law Contained shall be to the prejudice of Master or Dame who have or shall by any Indenture or Covenant take Apprentices for Terme of Years, or other Servants for Term of years or Life."[229]

By turning to the first chapter on Ma.s.sachusetts, the reader will observe that the above is the Ma.s.sachusetts law of 1641 with but a very slight alteration. We find no reference to slavery directly, and the word slave does not occur in this code at all. Article 7, under the head of "Capital Laws," reads as follows: "If any person forcibly stealeth or carrieth away any mankind he shall be put to death."

On the 27th of January, 1683, Col. Thomas Dongan was sent to New York as its governor, and charged with carrying out a long list of instructions laid down by his Royal Highness the Duke of York. Gov.

Dongan arrived in New York during the latter part of August; and on the 13th of September, 1683, the council sitting at Fort James promulgated an order calling upon the people to elect representatives.

On the 17th October, 1683, the General a.s.sembly met for the first time at Fort James, in the city of New York. It is a great misfortune that the journals of both houses are lost. The t.i.tles of the Acts pa.s.sed have been preserved, and so far we are enabled to fairly judge of the character of the legislation of the new a.s.sembly. On the 1st November, 1683, the a.s.sembly pa.s.sed "_An Act for naturalizing all those of foreign nations_ at present inhabiting within this province and professing Christianity, and for encouragement for others to come and settle within the same."[230] This law was re-enacted in 1715, and provided, that "nothing contained in this Act is to be construed to discharge or set at liberty any servant, bondman or slave, but only to have relation to such persons as are free at the making hereof."[231]

So the mild system of domestic slavery introduced by the Dutch now received the sanction of positive British law. Most of the slaves in the Province of New York, from the time they were first introduced, down to 1664, had been the property of the West-India Company. As such they had small plots of land to work for their own benefit, and were not without hope of emanc.i.p.ation some day. But under the English government the condition of the slave was clearly defined by law and one of great hardships. On the 24th of October, 1684, an Act was pa.s.sed in which slavery was for the first time regarded as a legitimate inst.i.tution in the Province of New York under the English government.[232]

The slave-trade grew. New York began to feel the necessity of a larger number of slaves. In 1702 her "most gracious majesty," Queen Anne, among many instructions to the royal governor, directed that the people "take especial care, that G.o.d Almighty be devoutly and duly served," and that the "Royal African Company of England" "take especial care that the said Province may have a constant and sufficient supply of merchantable Negroes, at moderate rates."[233] It was a marvellous zeal that led the good queen to build up the Church of England alongside of the inst.i.tution of human slavery. It was an impartial zeal that sought their mutual growth,--the one intended by our divine Lord to give mankind absolute liberty, the other intended by man to rob mankind of the great boon of freedom! But with the sanction of statutory legislation, and the silent acquiescence of the Church, the foundations of the inst.i.tution of slavery were firmly laid in the approving conscience of a selfish public. Dazzled by prospective riches, and unscrupulous in the methods of acc.u.mulations, the people of the Province of New York clamored for more exacting laws by which to govern the slaves.[234] Notwithstanding Lord Cornbury had received the following instructions from the crown, "you shall endeavor to get a law pa.s.sed for the restraining of any inhuman severity ... to find out the best means to facilitate and encourage the conversion of Negroes and Indians to the Christian religion," the Colonial a.s.sembly (the same year, 1702) pa.s.sed severe laws against the slaves. It was "_An Act for regulating slaves_," but was quite lengthy and specific. It was deemed "_not lawful to trade with negro slaves_,"

and the violation of this law was followed by fine and imprisonment.

"_Not above three slaves may meet together:_" if they did they were liable to be whipped by a justice of the peace, or sent to jail. "_A common whipper to be appointed_," showed that the justices had more physical exercise than they cared for. "_A slave not to strike a freeman_," indicated that the slaves in New York as in Virginia were accounted as heathen. "_Penalty for concealing slaves_," and the punishment of Negroes for stealing, etc., were rather severe, but only indicated the temper of the people at that time.[235]

The recommendations to have Negro and Indian slaves baptized gave rise to considerable discussion and no little alarm. As was shown in the chapter on Virginia, the proposition to baptize slaves did not meet with a hearty indors.e.m.e.nt from the master-cla.s.s. The doctrine had obtained in most of the colonies, that a man was a freeman by virtue of his membership in a Christian church, and hence eligible to office.

To escape the logic of this position, the dealer in human flesh sought to bar the door of the Church against the slave. But in 1706 "_An Act to encourage the baptizing of Negro, Indian, and mulatto slaves_," was pa.s.sed in the hope of quieting the public mind on this question.

"Whereas divers of her Majesty's good Subjects, Inhabitants of this Colony, now are, and have been willing that such Negroe, Indian, and Mulatto Slaves, who belong to them, and desire the same, should be baptized, but are deterred and hindered therefrom by reason of a groundless Opinion that hath spread itself in this Colony, that by the baptizing of such Negro, Indian, or Mulatto Slave, they would become Free, and ought to be set at liberty. In order therefore to put an end to all such Doubts and scruples as have, or hereafter at any time may arise about the same--

"_Be it enacted, &c._, that the baptizing of a Negro, Indian, or Mulatto Slave shall not be any cause or reason for the setting them or any of them at liberty.

"_And be it, &c._, that all and every Negro, Indian, Mulatto and Mestee b.a.s.t.a.r.d child and children, who is, are, and shall be born of any Negro, Indian, or Mestee, shall follow the state and condition of the mother and be esteemed, reputed, taken and adjudged a slave and slaves to all intents and purposes whatsoever.

"_Provided always, and be it_, &c., That no slave whatsoever in this colony shall at any time be admitted as a witness for or against any freeman in any case, matter or cause, civil or criminal, whatsoever."[236]

So when the door of the Christian Church was opened to the Negro, he was to appear at the sacred altar with his chains on. Though emanc.i.p.ated from the bondage of Satan, he nevertheless remained the abject slave of the Christian colonists. Claiming spiritual kinship with Christ, the Negro could be sold at the pleasure of his master, and his family hearthstone trodden down by the slave-dealer. The humane feature of the system of slavery under the simple Dutch government, of allowing slaves to acquire an interest in the soil, was now at an end. The tendency to manumit faithful slaves called forth no approbation. The colonists grew cold and hard-fisted. They saw not G.o.d's image in the slave,--only so many dollars. There were no strong men in the pulpits of the colony who dared brave the avaricious spirit of the times. Not satisfied with colonial legislation, the munic.i.p.al government of the city of New York pa.s.sed, in 1710,[237] an ordinance forbidding Negroes, Indians, and Mulatto slaves from appearing "in the streets after nightfall without a lantern with a lighted candle in it."[238] The year before, a slave-market was erected at the foot of Wall Street, where slaves of every description were for sale. Negroes, Indians, and Mulattoes; men, women, and children; the old, the middle-aged, and the young,--all, as sheep in shambles, were daily declared the property of the highest cash-bidder. And what of the few who secured their freedom? Why, the law of 1712 declared that no Negro, Indian, or Mulatto that shall hereafter be set free "shall hold any land or real estate, but the same shall escheat."[239] There was, therefore, but little for the Negro in either state,--bondage or freedom. There was little in this world to allure him, to encourage him, to help him. The inst.i.tution under which he suffered was one huge sepulchre, and he was buried alive.

The poor grovelling worm turns under the foot of the pedestrian. The Negro winched under his galling yoke of British colonial oppression.