THE GEOGRAPHICAL SITUATION OF NORTH CAROLINA FAVORABLE TO THE SLAVE TRADE.--THE LOCKE CONSt.i.tUTION ADOPTED.--WILLIAM SAYLE COMMISSIONED GOVERNOR.--LEGISLATURE CAREER OF THE COLONY.--THE INTRODUCTION OF THE ESTABLISHED CHURCH OF ENGLAND INTO THE COLONY.--THE RIGHTS OF NEGROES CONTROLLED ABSOLUTELY BY THEIR MASTERS.--AN ACT RESPECTING CONSPIRACIES.--THE WRATH OF ILL-NATURED WHITES VISITED UPON THEIR SLAVES.--AN ACT AGAINST THE EMANc.i.p.aTION OF SLAVES.--LIMITED RIGHTS OF FREE NEGROES.

The geographical situation of North Carolina was favorable to the slave-trade.

Through the genius of Shaftesbury, and the subtle cunning of John Locke, Carolina received, and for a time adopted, the most remarkable const.i.tution ever submitted to any people in any age of the world. The whole affair was an insult to humanity, and in its fundamental elements bore the palpable evidences of the cruel conclusions of an exclusive philosophy. "No elective franchise could be conferred upon a freehold of less than fifty acres," while all executive power was vested in the proprietors themselves. Seven courts were controlled by forty-two counsellors, twenty-eight of whom held their places through the gracious favor of the proprietary and "the n.o.bility." Trial by jury was concluded by the opinions of the majority.

"The instinct of aristocracy dreads the moral power of a proprietary yeomanry; the perpetual degradation of the cultivators of the soil was enacted. The leet-men, or tenants, holding ten acres of land at a fixed rent, were not only dest.i.tute of political franchises, but were adscripts to the soil, 'under the jurisdiction of their lord, without appeal;' and it was added, 'all the children of leet-men shall be leet-men, and so to all generations.'"[497]

The men who formed the rank and file of the yeomanry of the colony of North Carolina were ill prepared for a government launched upon the immense scale of the Locke Const.i.tution. The hopes and fears, the feuds and debates, the vexatious and insoluble problems, of the political science of government which had clouded the sky of the most astute and ambitous statesmen of Europe, were dumped into this remarkable instrument. The distance between the people and the n.o.bility was sought to be made illimitable, and the right to govern was based upon permanent property conditions. Hereditary wealth was to go arm in arm with political power.

The const.i.tution was signed on the 21st of July, 1669, and William Sayle was commissioned as governor. The legislative career of the Province began in the fall of the same year; and history must record that it was one of the most remarkable and startling North America ever witnessed. The portions of the const.i.tution which refer to the inst.i.tution of slavery are as follows:--

"97th. But since the natives of that place, who will be concerned in our plantation, are utterly strangers to Christianity, whose idolatry, ignorance or mistake, gives us no right to expel or use them ill; and those who remove from other parts to plant there, will unavoidably be of different opinions, concerning matters of religion, the liberty whereof they will expect to have allowed them, and it will not be reasonable for us on this account to keep them out; that civil peace may be obtained amidst diversity of opinions, and our agreement and compact with all men, may be duly and faithfully observed; the violation whereof, upon what pretence soever, cannot be without great offence to Almighty G.o.d, and great scandal to the true religion which we profess; and also that Jews, Heathens and other dissenters from the purity of the Christian religion, may not be scared and kept at a distance from it, but by having an opportunity of acquainting themselves with the truth and reasonableness of its doctrines, and the peaceableness and inoffensiveness of its professors, may by good usage and persuasion, and all those convincing methods of gentleness and meekness, suitable to the rules and design of the gospel, be won over to embrace, and unfeignedly receive the truth; therefore any seven or more persons agreeing in any religion, shall const.i.tute a church or profession, to which they shall give some name, to distinguish it from others....

"101st. No person above seventeen years of age, shall have any benefit or protection of the law, or be capable of any place of profit or honor, who is not a member of some church or profession, having his name recorded in some one, and but one religious record, at once....

"107th. Since charity obliges us to wish well to the souls of all men, and religion ought to alter nothing in any man's civil estate or right, it shall be lawful for slaves as well as others, to enter themselves and be of what church or profession any of them shall think best, and thereof be as fully members as any freemen. But yet no slave shall hereby be exempted from that civil dominion his master hath over him, but be in all things in the same state and condition he was in before....

"110th. Every freeman of Carolina, shall have absolute power and authority over his negro slaves, of what opinion or religion soever."[498]

Though the Locke Const.i.tution was adopted by the proprietaries, March 1, 1669, it may be doubted whether it ever had the force of law, as it was never ratified by the local Legislature. Article one hundred and ten, granting absolute power and authority to a master over his Negro slave, is without a parallel in the legislation of the colonies. And while the slave might enter the Christian Church, and his humanity thereby be recognized, it was strangely inconsistent to place his life at the disposal of brutal masters, who "neither feared G.o.d nor regarded man."

The Negro slaves in North Carolina occupied the paradoxical position of being eligible to membership in the Christian Church, and the absolute property of their white brothers. In the second draught of the const.i.tution, signed in March, 1670, against the eloquent protest of John Locke, the section on religion was amended so as, while tolerating every religious creed, to declare "the Church Of England"

the only true Orthodox Church, and the national religion of the Province. This, in the face of the fact that the great majority of all the Christians who flocked to the New World were dissenters, separatists, and nonconformists, can only be explained in the light of the burning zeal of the Church of England to out-Herod Herod,--to carry the Negroes into the communion of the State church for political purposes. It was the most sordid motive that impelled the churchmen to open the church to the slave. His membership did not change his condition, nor secure him immunity from the barbarous treatment the inst.i.tution of slavery bestowed upon its helpless victims.

In the eyes of the law the Negro, being _absolute property_, had no rights, except those temporarily delegated by the master; and he acted in the relation of an agent. Negro slaves were not allowed "to raise horses, cattle or hogs;" and if any stock were found in their possession six months after the pa.s.sage of the Act of 1741, they were to be seized by the sheriff of the county, and sold by the church-wardens of the parish. The profits arising from such sales went, one half to the parish, the other half to the informer.[499] A slave was not suffered to go off of the plantation where he was appointed to live, without a pa.s.s signed by his master or the overseer. There was an exception made in the case of Negroes wearing liveries. Negro slaves were not allowed the use of fire-arms or other weapons, except they were armed with a certificate from their master granting the coveted permission. If they hunted with arms, not having a certificate, any Christian could apprehend them, seize the weapons, deliver the slave to the first justice of the peace; who was authorized to administer, without ceremony, twenty lashes upon his or her bare hack, and send him or her home. The master had to pay the cost of arrest and punishment. The one exception to this law was, that one Negro on each plantation or in each district could carry a gun to shoot game for his master and protect stock, etc.; but his certificate was to be in his possession all the time. If a Negro went from the plantation on which he resided, to another plantation or place, he was required by statute to travel in the most generally frequented road.

If caught in another road, not much travelled, except in the company of a white man, it was lawful for the man who owned the land through which he was pa.s.sing to seize him, and administer not more than forty lashes. If Negroes visited each other in the night season,--the only time they could visit,--the ones who were found on another plantation than their master's were punished with lashes on their naked back, not exceeding forty; while the Negroes who had furnished the entertainment received twenty lashes for their hospitality. In case any slave, who had not been properly fed and clothed by his master, was convicted of stealing cattle, hogs, or corn from another man, an action of trespa.s.s could be maintained against the master in the general or county court, and damages recovered.[500]

Here, as in the other colonies, the greatest enemy of the colonists was an accusing conscience. The people started at every breath of rumor, and always imagined their slaves conspiring to cut their throats. There was nothing in the observed character of the slaves to justify the wide-spread consternation that filled the public mind. Nor was there any occasion to warrant the pa.s.sage of the Act of 1741, respecting conspiracies among slaves. It is a remarkable doc.u.ment, and is produced here.

"XLVII. _And be it further enacted by the authority aforesaid_, That if any number of negroes or other slaves, that is to say, three, or more, shall, at any time hereafter, consult, advise or conspire to rebel or make insurrection, or shall plot or conspire the murder of any person or persons whatsoever, every such consulting, plotting or conspiring, shall be adjudged and deemed felony; and the slave or slaves convicted thereof, in manner herein after directed, shall suffer death.

"XLVIII. _And be it further enacted by the authority aforesaid_,'That every slave committing such offence, or any other crime or misdemeanor, shall forthwith be committed by any justice of the peace, to the common jail of the county within which the said offence shall be committed, there to be safely kept; and that the sheriff of such county, upon such commitment, shall forthwith certify the same to any Justice in the commission for the said court for the time being, resident in the county, who is thereupon required and directed to issue a summons for two or more Justices of the said court, and four freeholders, such as shall have slaves in the said county, which said three Justices and four freeholders, owners of slaves, are hereby impowered and required upon oath, to try all manner of crimes and offences, that shall be committed by any slave or slaves, at the court house of the county, and to take for evidence, the confession of the offender, the oath of one or more credible witnesses, or such testimony of negroes, mulattoes or Indians, bond or free, with pregnant circ.u.mstances, as to them shall seem convincing, without the solemnity of a jury; and the offender being then found guilty, to pa.s.s such judgment upon such offender, according to their discretion, as the nature of the crime or offence shall require; and on such judgment, to award execution.

"XLIX. _Provided always, and be it enacted_, That it shall and may be lawful for each and every Justice, being in the commission of the peace for the county where any slave or slaves shall be tried, by virtue of this act, (who is owner of slaves) to sit upon such trial, and act as a member of such court though he or they be not summoned thereto; anything herein before contained to the contrary, in any wise, notwithstanding.

"L. And to the end such negro, mulatto or Indian, bond or free, not being christians, as shall hereafter be produced as an evidence on the trial of any slave or slaves, for capital or other crimes, may be under the greater obligation to declare the truth; _Be it further enacted_, There where any such negro, mulatto or Indian, bond or free, shall, upon due proof made, or pregnant circ.u.mstances, appearing before any county court within this government, be found to have given a false testimony, every such offender shall, without further trial, be ordered, by the said court, to have one ear nailed to the pillory, and there stand for the s.p.a.ce of one hour, and the said ear to be cut off, and thereafter the other ear nailed in like manner, and cut off, at the expiration of one other hour: and moreover, to order every such offender thirty-nine lashes, well laid on, on his or her bare back, at the common whipping post.

"LI. _And be it further enacted by the authority aforesaid_, That at every such trial of slaves committing capital or other offences, the first person in commission sitting on such trial, shall, before the examination of every negro, mulatto or Indian, not being a christian, charge such to declare the truth.

"LII. _Provided always, and it is hereby intended_, That the master, owner or overseer of any slave, to be arraigned and tried by virtue of this act, may appear at the trial, and make what just defence he can for such slave or slave; so that such defence do not relate to any formality in the proceeding on the trial."[501]

The manner of conducting the trials of Negroes charged with felony or misdemeanor was rather peculiar. Upon one or more white persons'

testimony, or the evidence of Negroes and Indians, bond or free, the unfortunate defendant, "without the solemnity of a jury," before three justices and four freeholders, could be hurried through a trial, convicted, sentenced to die a dreadful death, and then be executed without the officiating presence of a minister of the gospel.

The unprecedented discretion allowed to masters in the government led to the most tragic results. Men were not only reckless of the lives of their own slaves, but violent toward those belonging to others. If a Negro showed the least independence in conversation with a white man, he could be murdered in cold blood; and it was only a case of a contumacious slave getting his dues. But men became so prodigal in the exercise of this authority that the public became alarmed, and the Legislature called a halt on the master-cla.s.s. At first the Legislature paid for the slaves who were destroyed by the consuming wrath of ill-natured whites, but finally allowed an action to lie against the persons who killed a slave. This had a tendency to reduce the number of murdered slaves; but the fateful clause in the Locke Const.i.tution had educated a voracious appet.i.te for blood, and the extremest cruel treatment continued without abatement.

The free Negro population was very small in this colony. The following act on manumission differs so widely from the law on this point in the other colonies, that it is given as an ill.u.s.tration of the severe character of the legislation of North Carolina against the emanc.i.p.ation of Negroes.

"LVI. _And be it further enacted by the authority aforesaid, _That no Negro or mulatto slaves shall be set free, upon any pretence whatsoever, except for meritorious services, to be adjudged and allowed of by the county court, and Licence thereupon first had and obtained: and that where any slave shall be set free by his or her master or owner, otherwise than is herein before directed, it shall and may be lawful for the church-wardens of the parish wherein such negro, mulatto or Indian, shall be found, at the expiration of six months, next alter his or her being set free, and they are hereby authorized and required, to take up and sell the said negro, mulatto or Indian, as a slave, at the next court to be held for the said county, at public vendue: and the monies arising by such sale, shall be applied to the use of the parish, by the vestry thereof: and if any negro, mulatto or Indian slave, set free otherwise than is herein directed, shall depart this province, within six months next after his or her freedom, and shall afterwards return into this government, it shall and may be lawful for the churchwardens of the parish where such negro or mulatto shall be found, at the expiration of one month, next after his or her return into this government to take up such negro or mulatto, and sell him or them, as slaves, at the next court to be held for the county, at public vendue; and the monies arising thereby, to be applied, by the vestry, to the use of the parish, as aforesaid."[502]

The free Negroes were badly treated. They were not allowed any communion with the slaves. A free Negro man was not allowed to marry a white woman, nor even a Negro slave woman without the consent of her master. If he formed an alliance with a white woman, her offspring were bound out, or sold by the church-wardens, until they obtained their majority.[503] If the white woman were an indentured servant, she was constrained to serve an additional year. If she were a free woman, she was sold for two years by the church-wardens. Free Negroes were greatly despised and shunned by both slaves and white people.

As a conspicuous proof of the glaring hypocrisy of the "n.o.bility,"

who, in the const.i.tution, threw open the door of the Church to the Negro, it should be said, that, during the period from the founding of the Province down to the colonial war, no attempt was ever made, through the ecclesiastical establishment, to dissipate the dark clouds of ignorance that enveloped the Negro's mind. They were left in a state of ignorance and crime. The gravest social evils were winked at by masters, whose lecherous examples were the occasion for the most grievous offending of the slaves. The Mulattoes and other free Negroes were taxed. They had no place in the militia, nor could they claim the meanest rights of the humblest "leetman."

FOOTNOTES:

[497] Bancroft, vol. ii., 5th ed. p. 148.

[498] Statutes of S.C., vol. i. pp. 53-55.

[499] Public Acts of N.C., vol. i. p. 64.

[500] This is an instance of humanity in the North-Carolina code worthy of special note. It stands as the only instance of justice toward the over-worked and under-fed slaves of the colony.

[501] Public Acts of N.C., p.65.

[502] Public Acts of N.C., p. 66.

[503] The Act of 1741 says, "until 31 years of age."

CHAPTER XXIII.

THE COLONY OF NEW HAMPSHIRE.

1679-1775.

THE PROVINCIAL GOVERNMENT OF Ma.s.sACHUSETTS EXERCISES AUTHORITY OVER THE STATE OF NEW HAMPSHIRE AT ITS ORGANIZATION.--SLAVERY EXISTED FROM THE BEGINNING.--THE GOVERNOR RELEASES A SLAVE FROM BONDAGE.--INSTRUCTION AGAINST IMPORTATION OF SLAVES.--SEVERAL ACTS REGULATING THE CONDUCT OF SERVANTS.--THE INDIFFERENT TREATMENT OF SLAVES.--THE IMPORTATION OF INDIAN SERVANTS FORBIDDEN.--AN ACT CHECKING THE SEVERE TREATMENT OF SERVANTS AND SLAVES.--SLAVES IN THE COLONY UNTIL THE COMMENCEMENT OF HOSTILITIES.

Anterior to the year 1679, the provincial government of Ma.s.sachusetts exercised authority over the territory that now comprises the State of New Hampshire. It is not at all improbable, then, that slavery existed in this colony from the beginning of its organic existence. As early as 1683 it was set upon by the authorities as a wicked and hateful inst.i.tution. On the 14th of March, 1684, the governor of New Hampshire a.s.sumed the responsibility of releasing a Negro slave from bondage.

The record of the fact is thus preserved:--

"_The governor tould Mr. Jaffery's negro hee might goe from his master, hee would clere him under hande and sele, so the fello no more attends his master's consernes._"[504]

It may be inferred from the above, that the royal governor of the Province felt the pressure of public sentiment on the question of anti-slavery. While this colony copied its criminal code from Ma.s.sachusetts, its people seemed to be rather select, and, on the question of human rights, far in advance of the people of Ma.s.sachusetts. The twelfth article was: "If any man stealeth mankind he shall be put to death or otherwise grievously punished." The entire code--the first one--was rejected in England as "fanatical and absurd."[505] It was the desire of this new and feeble colony to throw every obstacle in the way of any legal recognition of slavery.

The governors of all the colonies received instruction in regard to the question of slavery, but the governor of New Hampshire had received an order from the crown to have the tax on imported slaves removed. The royal instructions, dated June 30, 1761, were as follows:--

"You are not to give your a.s.sent to, or pa.s.s any law imposing duties on negroes imported into New Hampshire."[506]

New Hampshire never pa.s.sed any law establishing slavery, but in 1714 enacted several laws regulating the conduct of servants. One was _An Act to prevent disorder in the night_:--

"Whereas great disorders, insolencies, and burglaries are ofttimes raised and committed in the night time by Indian, negro and mulatto servants and slaves, to the disquiet and hurt of her Majesty's good subjects, for the prevention whereof _Be it_, &c.--that no Indian, negro or mulatto servant or slave may presume to be absent from the families where they respectively belong, or be found abroad in the night time after nine o'clock; unless it be upon errand for their respective masters."[507]