[469] Ibid., vol. iv. p. 471.

[470] Ibid., vol. iv. pp. 415, 416.

[471] R.I. Col. Recs., vol. v. pp. 72, 73.

[472] R.I. Col. Recs., vol vi. pp. 64, 65.

[473] R.I. Col. Recs., vol. vii. pp. 251, 252.

[474] American Annals, vol ii. pp. 107,155, 156, 184, and 265.

CHAPTER XX.

THE COLONY OF NEW JERSEY.

1664-1775.

NEW JERSEY Pa.s.sES INTO THE HANDS OF THE ENGLISH.--POLITICAL POWERS CONVEYED TO BERKELEY AND CARTERET.--LEGISLATION ON THE SUBJECT OF SLAVERY DURING THE EIGHTEENTH CENTURY.--THE COLONY DIVIDED INTO EAST AND WEST JERSEY--SEPARATE GOVERNMENTS.--AN ACT CONCERNING SLAVERY BY THE LEGISLATURE OF EAST JERSEY.--GENERAL APPREHENSION RESPECTING THE RISING OF NEGRO AND INDIAN SLAVES.--EAST AND WEST JERSEY SURRENDER THEIR RIGHTS OF GOVERNMENT TO THE QUEEN.--AN ACT FOR REGULATING THE CONDUCT OF SLAVES.--IMPOST-TAX OF TEN POUNDS LEVIED UPON EACH NEGRO IMPORTED INTO THE COLONY.--THE GENERAL COURT Pa.s.sES A LAW RECREATING THE TRIAL OF SLAVES.--NEGROES RULED OUT OF THE MILITIA ESTABLISHMENT UPON CONDITION.--POPULATION OF THE JERSEYS IN 1738 AND 1745.

The colony of New Jersey pa.s.sed into the control of the English in 1664; and the first grant of political powers, upon which the government was erected, was conveyed by the Duke of York to Berkeley and Carteret during the same year. In the "Proprietary Articles of Concession," the words _servants, slaves, and Christian servants_ occur. It was the intention of the colonists to draw a distinction between "_servants for a term of years_," and "_servants for life_,"

between white servants and black slaves, between Christians and pagans.

When slavery was introduced into Jersey is not known.[475] There is no doubt but that it made its appearance there almost as early as in New Netherlands. The Dutch, the Quakers, and the English held slaves. But the system was milder here than in any of the other colonies. The Negroes were scattered among the families of the whites, and were treated with great humanity. Legislation on the subject of slavery did not begin until the middle of the eighteenth century, and it was not severe. Before this time, say three-quarters of a century, a few Acts had been pa.s.sed calculated to protect the slave element from the sin of intoxication. In 1675 an Act pa.s.sed, imposing fines and punishments upon any white person who should transport, harbor, or entertain "apprentices, servants, or slaves." It was perfectly natural that the Negroes should be of a nomadic disposition. They had no homes, no wives, no children,--nothing to attach them to a locality. Those who resided near the seacoast watched, with unflagging interest, the coming and going of the mysterious white-winged vessels. They hung upon the storied lips of every fugitive, and dreamed of lands afar where they might find that liberty for which their souls thirsted as the hart for the water-brook. Far from their native country, without the blessings of the Church, or the warmth of substantial friendship, they fell into a listless condition, a somnolence that led them to stagger against some of the regulations of the Province. Their wandering was not inspired by any subjective, inherent, generic evil: it was but the tossing of a weary, distressed mind under the dreadful influences of a hateful dream. And what little there is in the early records of the colony of New Jersey is at once a compliment to the humanity of the master, and the docility of the slave.

In 1676 the colony was divided into East and West Jersey, with separate governments. The laws of East Jersey, promulgated in 1682, contained laws prohibiting the entertaining of fugitive servants, or trading with Negroes. The law respecting fugitive servants was intended to destroy the hopes of runaways in the entertainment they so frequently obtained at the hands of benevolent Quakers and other enemies of "indenture" and slavery. The law-makers acted upon the presumption, that as the Negro had no property, did not own himself, he could not sell any article of his own. All slaves who attempted to dispose of any article were regarded with suspicion. The law made it a misdemeanor for a free person to purchase any thing from a slave, and hence cut off a source of revenue to the more industrious slaves, who by their frugality often prepared something for sale.

In 1694 "_an Act concerning slaves_" was pa.s.sed by the Legislature of East Jersey. It provided, among other things, for the trial of "_negroes and other slaves, for felonies punishable with death, by a jury of twelve persons before three justices of the peace; for theft, before two justices; the punishment by whipping_." Here was the grandest evidence of the high character of the white population in East Jersey. In every other colony in North America the Negro was denied the right of "trial by jury," so sacred to Englishmen. In Virginia, Maryland, Ma.s.sachusetts, Connecticut,--in all the colonies,--the Negro went into court convicted, went out convicted, and was executed, upon the frailest evidence imaginable. But here in Jersey the only example of justice was shown toward the Negro in North America. "Trial by jury" implied the right to be sworn, and give competent testimony. A Negro slave, when on trial for his life, was accorded the privilege of being tried by twelve honest white colonists before _three_ justices of the peace. This was in striking contrast with the conduct of the colony of New York, where Negroes were arrested upon the incoherent accusations of dissolute whites and terrified blacks. It gave the Negroes a new and an anomalous position in the New World. It banished the cruel theory of Virginia, New York, and Connecticut, that the Negro was a pagan, and therefore should not be sworn in courts of justice, and threw open a wide door for his entrance into a more hopeful state than he had, up to that time, dared to antic.i.p.ate. It allowed him to infer that his life was a little more than that of the brute that perisheth; that he could not be dragged by malice through the forms of a trial, without jury, witness, counsel, or friend, to an ignominious death, that was to be regretted only by his master, and his regrets to be solaced by the Legislature paying "the price;" that the law regarded him as a man, whose life was too dear to be committed to the disposition of irascible men, whose prejudices could be mollified only in extreme cruelty or cold-blooded murder. It had much to do toward elevating the character of the Negro in New Jersey. It first fired his heart with the n.o.ble impulse of grat.i.tude, and then led him to _hope_. And how much that little word means! It causes the soul to spread its white pinions to every favoring breeze, and hasten on to a propitious future. And then the fact that Negroes had rights acknowledged by the statutes, and respectfully accorded them by the courts, had its due influence upon the white colonists. The men, or cla.s.s of men, who have rights not challenged, command the respect of others. The fact clothes them with dignity as with a garment. And then, by the inevitable logic of the position of the courts of East Jersey, the colonists were led to the conclusion that the Negroes among them had other rights. And, as it has been said already, they received better treatment here than in any other colony in the country.

In West Jersey happily the word "slave" was omitted from the laws.

Only servants and runaway servants were mentioned, and the selling of rum to Negroes and Indians was strictly forbidden.

The fear of insurrection among Indians and Negroes was general throughout all of the colonies. One a savage, and the other untutored, they knew but two manifestations,--grat.i.tude and revenge. It was deemed a wise precaution to keep these unfortunate people as far removed from the exciting influences of rum as possible. Chapter twenty-three of a law pa.s.sed in West Jersey in 1676, providing for publicity in judicial proceedings, concludes as follows:--

"That all and every person and persons inhabiting the said province, shall, as far as in us lies, be free from oppression and slavery."[476]

In 1702 the proprietors of East and West Jersey surrendered their rights of government to the queen. The Province was immediately placed with New York, and the government committed to the hands of Lord Cornbury.[477] In 1704 "_An Act for regulating negroe, Indian and mulatto slaves within the province of New Jersey_," was introduced, but was tabled and disallowed. The Negroes had just cause for the fears they entertained as to legislation directed at the few rights they had enjoyed under the Jersey government. Their fellow-servants over in New York had suffered under severe laws, and at that time had no privilege in which they could rejoice. In 1713 the following law was pa.s.sed:--

"_An act for regulating slaves._ (1 Nev. L., c. 10.) Sect.

1. Against trading with slaves. 2. For arrest of slaves being without pa.s.s. 3. Negro belonging to another province, not having license, to be whipped and committed to jail. 4.

Punishment of slaves for crimes to be by three or more justices of the peace, with five of the princ.i.p.al freeholders, without a grand jury; seven agreeing, shall give judgment. 5. Method in such causes more particularly described. Provides that 'the evidence of Indian, negro, or mulatto slaves shall be admitted and allowed on trials of such slaves, on all causes criminal.' 6. Owner may demand a jury. 7, 8. Compensation to owners for death of slave. 9. A slave for attempting to ravish any white woman, or presuming 'to a.s.sault or strike any free man or woman professing Christianity,' any two justices have discretionary powers to inflict corporal punishment, not extending to life or limb. 10. Slaves, for stealing, to be whipped. 11. Penalties on justices, &c., neglecting duty. 12. Punishment for concealing, harboring, or entertaining slaves of others. 13.

Provides that no Negro, Indian, or mulatto that shall thereafter be made free, shall hold any real estate in his own right, in fee simple or fee tail. 14. 'And whereas it is found by experience that free Negroes are an idle, slothful people, and prove very often a charge to the place where they are,' enacts that owners manumitting, shall give security, &c."[478]

Nearly all the humane features of the Jersey laws were supplanted by severe prohibitions, requirements, and penalties. The trial by jury was construed to mean that one Negro's testimony was good against another Negro in a trial for a felony, allowing the owner of the slave to demand a jury. Humane masters were denied the right to emanc.i.p.ate their slaves, and the latter were prohibited from owning real property in fee simple or fee tail. Having stripped the Negro of the few rights he possessed, the General Court, during the same year, went on to reduce him to absolute property, and levied an impost-tax of ten pounds upon every Negro imported into the colony, to remain in force for seven years.

In 1754 an Act provided, that in the borough of Elizabeth any white servant or servants, slave or slaves, which shall "be brought before the Mayor, &c., by their masters or other inhabitant of the Borough, for any misdemeanor rude or disorderly behavior, may be committed to the workhouse to hard labor and receive correction not exceeding thirty lashes."[479] This Act was purely local in character, and indiscriminate in its application to every cla.s.s of servants. It was nothing more than a police regulation, and as such was a wholesome law.

In 1768 the General Court pa.s.sed _An Act to regulate the trial of slaves for murder and other crimes and to repeal so much of an act, &c_. Sections one and two provided for the trial of slaves by the ordinary higher criminal courts. Section three provided that the expenses incurred in the execution of slaves should be levied upon all the owners of able-bodied slaves in the county, by order of the justices presiding at the trial. Section four repealed sections four, five, six, and seven of the Act of 1713. This was significant. It portended a better feeling toward the Negroes, and illumined the dark horizon of slavery with the distant light of hope. A strong feeling in favor of better treatment for Negro slaves made itself manifest at this time. When the Quaker found the prejudice against himself subsiding, he turned, like a good Samaritan, to pour the wine of human sympathy into the lacerated feelings of the Negro. Private instruction was given to them in many parts of Jersey. The gospel was expounded to them in its beauty and simplicity, and produced its good fruit in better lives.

The next year, 1769, a mercenary spirit inspired and secured the pa.s.sage of another Act levying a tax upon imported slaves, and requiring persons manumitting slaves to give better securities. It reads,--

"Whereas duties on the importation of negroes in several of the neighboring colonies hath, on experience, been found beneficial in the introduction of sober industrious foreigners, to settle under his Majesty's allegiance, and the promoting a spirit of industry among the inhabitants in general, in order therefore to promote the same good designs in this government and that such as purchase slaves may contribute some equitable proportion of the public burdens."[480]

How an impost-tax upon imported slaves would be "beneficial in the introduction of sober industrious foreigners," is not easily perceived; and how it would promote "a spirit of industry among the inhabitants in general," is a problem most difficult of solution. But these were the lofty reasons that inspired the General Court to seek to fill the coffers of the Province with money drawn from the slave-lottery, where human beings were raffled off to the highest bidders in the colony. The cautious language in which the Act was couched indicated the sensitive state of the public conscience on slavery at that time. They were afraid to tell the truth. They did not dare to say to the people: We propose to repair the streets of your towns, the public roads, and lighten the burden of taxation, by saying to men-stealers, we will allow you to sell your cargoes of slaves into this colony provided you share the spoils of your superlative crime!

No, they had to tell the people that the introduction of Negro slaves, upon whom there was a tax, would entice sober and industrious white people to come among them, and would quicken the entire Province with a spirit of thrift never before witnessed!

In 1760 the Negro was ruled out of the militia establishment upon a condition. The law provided against the enlistment of any "_young man under the age of twenty-one years, or any slaves who are so for terms of life, or apprentices_," without leave of their masters. This was the mildest prohibition against the entrance of the slave into the militia service in any of the colonies. There is nothing said about the employment of the free Negroes in this service; and it is fair to suppose, in view of the mild character of the laws, that they were not excluded. In settlements where the German and Quaker elements predominated, the Negro found that his "lines had fallen unto him in pleasant places, and that he had a goodly heritage." In the coast towns, and in the great centres of population, the white people were of a poorer cla.s.s. Many were adventurers, cruel and unscrupulous in their methods. The speed with which the people sought to obtain a competency wore the finer edges of their feeling to the coa.r.s.e grain of selfishness; and they not only drew themselves up into the miserable rags of their own selfish aggrandizements as far as all compet.i.tors were concerned, but regarded slavery with imperturbable complacency.

In 1738 the population of the Jerseys was, whites, 43,388; blacks, 3,981. In 1745 the whites numbered 56,797, and the blacks, 4,606.[481]

FOOTNOTES:

[475] It is unfortunate that there is no good history of New Jersey.

The records of the Historical Society of that State are not conveniently printed, nor valuable in colonial data.

[476] Freedom and Bondage, vol. i. p. 283.

[477] The following were the instructions his lordship received, concerning the treatment of Negro slaves: "You shall endeavour to get a law past for the restraining of any inhuman severity, which by ill masters or overseers may be used towards their Christian servants and their slaves, and that provision be made therein that the wilfull killing of Indians and negroes may be punished with death, and that a fit penalty be emposed for the maiming of them."--_Freedom and Bondage_, vol. i. p. 280, note.

[478] Freedom and Bondage, vol. i. p. 284.

[479] Hurd, vol. i. p. 285.

[480] Hurd, vol. i. p 285.

[481] American Annals, vol. ii. pp. 127, 143.

CHAPTER XXI.

THE COLONY OF SOUTH CAROLINA.

1665-1775.

THE CAROLINAS RECEIVE TWO DIFFERENT CHARTERS FROM THE CROWN OF GREAT BRITAIN.--ERA OF SLAVERY LEGISLATION.--LAW ESTABLISHING SLAVERY.--THE SLAVE POPULATION OF THIS PROVINCE REGARDED AS CHATTEL PROPERTY.--TRIAL OF SLAVES.--INCREASE OF SLAVE POPULATION.--THE INCREASE IN THE RICE TRADE.--SEVERE LAWS REGULATING THE PRIVATE AND PUBLIC CONDUCT OF SLAVE.--PUNISHMENT OF SLAVES FOR RUNNING AWAY.--THE LIFE OF SLAVES REGARDED AS OF LITTLE CONSEQUENCE BY THE VIOLENT MASTER CLa.s.s.--AN ACT EMPOWERING TWO JUSTICES OF THE PEACE TO INVESTIGATE TREATMENT OF SLAVES.--AN ACT PROHIBITING THE OVERWORKING OF SLAVES.--SLAVE-MARKET AT CHARLESTON.--INSURRECTION.--A LAW AUTHORIZING THE CARRYING OF FIRE-ARMS AMONG THE WHITES.--THE ENLISTMENT OF SLAVES TO SERVE IN TIME OF ALARM.--NEGROES ADMITTED TO THE MILITIA SERVICE.--COMPENSATION TO MASTERS FOR THE LOSS OF SLAVES KILLED BY THE ENEMY OR WHO DESERT.--FEW SLAVES MANUMITTED.--FROM 1754-1776 LITTLE LEGISLATION ON THE SUBJECT OF SLAVERY.--THREATENING WAR BETWEEN ENGLAND AND HER PROVINCIAL DEPENDENCIES.--THE EFFECT UPON PUBLIC SENTIMENT.

The Carolinas received two different charters from the crown of Great Britain. The first was witnessed by the king at Westminster, March 24, 1663; the second, June 30, 1665. The last charter was surrendered to the king by seven of the eight proprietors on the 25th July, 1729. The government became regal; and the Province was immediately divided into North and South Carolina by an order of the British Council, and the boundaries between the two governments fixed.

There were Negro slaves in the Carolinas from the earliest days of their existence. The era of slavery legislation began about the year 1690. The first Act for the "_Better Ordering of Slaves_" was "read three times and pa.s.sed, and ratified in open Parliament, the seventh day of February, Anno Domini, 1690." It bore the signatures of Seth Soth.e.l.l, G. Muschamp, John Beresford, and John Harris. It contained fifteen articles of the severest character. On the 7th of June, 1712, the first positive law establishing slavery pa.s.sed, and was signed.[482] The entire Act embraced thirty-five sections. Section one is quoted in full because of the interest that centres in it in connection with the problem of slavery legislation in the colonies.

"1. _Be it therefore enacted_, by his Excellency, William, Lord Craven, Palatine, and the rest of the true and absolute Lords and Proprietors of this Province, by and with the advice and consent of the rest of the members of the General a.s.sembly, now met at Charlestown, for the South-west part of this Province, and by the authority of the same, That all negroes, mulatoes, mustizoes or Indians, which at any time heretofore have been sold, or now are held or taken to be, or hereafter shall be bought and sold for slaves, are hereby declared slaves; and they, and their children, are hereby made and declared slaves, to all intents and purposes; excepting all such negroes, mulatoes, mustizoes or Indians, which heretofore have been, or hereafter shall be, for some particular merit, made and declared free, either by the Governor and council of this Province, pursuant to any Act or law of this Province, or by their respective owners or masters; and also, excepting all such negroes, mulatoes, mustizoes or Indians, as can prove they ought not to be sold for slaves. And in case any negro, mulatoe, mustizoe or Indian, doth lay claim to his or her freedom upon all or any of the said accounts, the same shall be finally heard and determined by the Governor and council of this Province."[483]