[Footnote 26: MS. minutes of the board of aldermen, in the town hall at Milledgeville, Ga. Item dated Feb. 23, 1841.]

[Footnote 27: Georgia Railroad Company _Report_ for 1850, p. 13.]

[Footnote 28: Chattanooga _Advertiser_, quoted in the Augusta _Chronicle_, June 6, 1852.]

[Footnote 29: Norfolk _Argus_, quoted in _Southern Banner_ (Athens, Ga.), Jan. 12, 1854.]

[Footnote 30: Richmond _Dispatch_, Jan., 1856, quoted in G.M. Weston, _Who are and who may be Slaves in the U.S._ (caption).]

[Footnote 31: _Hunt's Merchants' Magazine_, XL, 522.]

[Footnote 32: Petersburg _Democrat_, quoted by the Atlanta _Intelligencer_, Jan., 1860.]

[Footnote 33: _DeBow's Review_, XXIX, 374.]

The proprietors of slaves for hire appear to have been generally as much concerned with questions of their moral and physical welfare as with the wages to be received, for no wage would compensate for the debilitation of the slave or his conversion into an inveterate runaway. The hirers in their turn had the problem, growing more intense with the advance of costs, of procuring full work without resorting to such rigor of discipline as would disquiet the owners of their employees. The tobacco factories found solution in piece work with bonus for excess over the required stint. At Richmond in the middle 'fifties this was commonly yielding the slaves from two to five dollars a month for their own uses; and these establishments, along with all other slave employers, suspended work for more than a week at the Christmas season.[34]

[Footnote 34: Robert Russell, _North America_, p. 152.]

The hiring of slaves from one citizen to another did not meet all the needs of the town industry, for there were many occupations in which the regular supervision of labor was impracticable. Hucksters must trudge the streets alone; and market women sit solitary in their stalls. If slaves were to follow such callings at all, and if other slaves were to utilize their talents in keeping cobbler and blacksmith shops and the like for public patronage,[35] they must be vested with fairly full control of their own activities. To enable them to compete with whites and free negroes in the trades requiring isolated and occasional work their masters early and increasingly fell into the habit of hiring many slaves to the slaves themselves, granting to each a large degree of industrial freedom in return for a stipulated weekly wage. The rates of hire varied, of course, with the slave's capabilities and the conditions of business in their trades. The practice brought friction sometimes between slaves and owners when wages were in default. An instance of this was published in a Charleston advertis.e.m.e.nt of 1800 announcing the auction of a young carpenter and saying as the reason of the sale that he had absconded because of a deficit in his wages.[36] Whether the sale was merely by way of punishment or was because the proprietor could not give personal supervision to the carpenter's work the record fails to say. The practice also injured the interests of white compet.i.tors in the same trades, who sometimes bitterly complained;[37] it occasionally put pressure upon the slaves to fill out their wages by theft; and it gave rise in some degree to a public apprehension that the liberty of movement might be perverted to purposes of conspiracy. The law came to frown upon it everywhere; but the device was too great a public and private convenience to be suppressed.

[Footnote 35: _E. g_., "For sale: a strong, healthy Mulatto Man, about 24 years of age, by trade a blacksmith, and has had the management of a blacksmith shop for upwards of two years" Advertis.e.m.e.nt in the Alexandria, Va., _Times and Advertiser_, Sept. 26, 1797.]

[Footnote 36: Charleston _City Gazette_, May 12, 1800.]

[Footnote 37: _E. g., Plantation and Frontier_, II, 367.]

To procure the enforcement of such laws a vigilance committee was proposed at Natchez in 1824;[38] but if it was created it had no lasting effect.

With the same purpose newspaper campaigns were waged from time to time.

Thus in the spring of 1859 the _Bulletin_ of Columbia, South Carolina, said editorially: "Despite the laws of the land forbidding under penalty the hiring of their time by slaves, it is much to be regretted that the pernicious practice still exists," and it censured the citizens who were consciously and constantly violating a law enacted in the public interest.

The nearby Darlington _Flag_ endorsed this and proposed in remedy that the town police and the rural patrols consider void all tickets issued by masters authorizing their slaves to pa.s.s and repa.s.s at large, that all slaves found hiring their time be arrested and punished, and that their owners be indicted as by law provided. The editor then ranged further.

"There is another evil of no less magnitude," said he, "and perhaps the foundation of the one complained of. It is that of transferring slave labor from its legitimate field, the cultivation of the soil, into that of the mechanic arts.... Negro mechanics are an ebony aristocracy into which slaves seek to enter by teasing their masters for permission to learn a trade. Masters are too often seduced by the prospect of gain to yield their a.s.sent, and when their slaves have acquired a trade are forced to the violation of the law to realize their promised gain. We should therefore have a law to prevent slave mechanics going off their masters' premises to work. Let such a law be pa.s.sed, and ... there will no longer be need of a law to prohibit slaves hiring their own time," The _Southern Watchman_ of Athens, Georgia, reprinted all of this in turn, along with a subscriber's communication ent.i.tled "free slaves." There were more negroes enjoying virtual freedom in the town of Athens, this writer said, than there were _bona fide_ free negroes in any ten counties of the district. "Everyone who is at all acquainted with the character of the slave race knows that they have great ideas of liberty, and in order to get the enjoyment of it they make large offers for their time. And everyone who knows anything of the negro knows that he won't work unless he is obliged to.... The negro thus set free, in nine cases out of ten, idles away half of his time or gambles away what he does make, and then relies on his ingenuity in stealing to meet the demands pay day inevitably brings forth; and this is the way our towns are converted into dens of rogues and thieves."[39]

[Footnote 38: Natchez _Mississippian_, quoted in _Le Courrier de la Louisiane_ (New Orleans), Aug. 25, 1854.]

[Footnote 39: _Southern Watchman_ (Athens, Ga.), Apr. 20, 1859.]

These arguments had been answered long before by a citizen of Charleston.

The clamor, said he, was intended not so much to guard the community against theft and insurrection as to diminish the compet.i.tion of slaves with white mechanics. The strict enforcement of the law would almost wholly deprive the public of the services of jobbing slaves, which were indispensable under existing circ.u.mstances. Let the statute therefore be left in the obscurity of the lawyers' bookshelves, he concluded, to be brought forth only in case of an emergency.[40] And so such laws were left to sleep, despite the plaints of self-styled reformers.

[Footnote 40: Letter to the editor in the Charleston _City Gazette_, Nov.

1, 1825. To similar effect was an editorial in the Augusta _Chronicle_, Oct. 16, 1851.]

That self-hire may often have led to self-purchase is suggested by an illuminating letter of Billy Procter, a slave at Americus, Georgia, in 1854 to Colonel John B. Lamar of whom something has been seen in a foregoing chapter. The letter, presumably in the slave's own hand, runs as follows: "As my owner, Mr. Chapman, has determined to dispose of all his Painters, I would prefer to have you buy me to any other man. And I am anxious to get you to do so if you will. You know me very well yourself, but as I wish you to be fully satisfied I beg to refer you to Mr. Nathan C. Monroe, Dr.

Strohecker and Mr. Bogg. I am in distress at this time, and will be until I hear from you what you will do. I can be bought for $1000--and I think that you might get me for 50 Dolls less if you try, though that is Mr. Chapman's price. Now Mas John, I want to be plain and honest with you. If you will buy me I will pay you $600 per year untill this money is paid, or at any rate will pay for myself in two years.... I am fearfull that if you do not buy me, there is no telling where I may have to go, and Mr. C. wants me to go where I would be satisfied,--I promise to serve you faithfully, and I know that I am as sound and healthy as anyone you could find. You will confer a great favour, sir, by Granting my request, and I would be very glad to hear from you in regard to the matter at your earliest convenience."[41]

[Footnote 41: MS. in the possession of Mrs. A.S. Erwin, Athens, Ga., printed in _Plantation and Frontier_, II, 41. The writer must have been well advanced in years or else highly optimistic. Otherwise he could not have expected to earn his purchase price within two years.]

The hiring of slaves by one citizen to another prevailed to some extent in country as well as town, and the hiring of them to themselves was particularly notable in the forest labors of gathering turpentine and splitting shingles[42]; but slave hire in both its forms was predominantly an urban resort. On the whole, whereas the plantation system cherished slavery as a wellnigh fundamental condition, town industry could tolerate it only by modifying its features to make labor more flexibly responsive to the sharply distinctive urban needs.

[Footnote 42: Olmsted, _Seaboard Slave States_, pp. 153-155.]

As to routine control, urban proprietors were less complete masters even of slaves in their own employ than were those in the country. For example, Morgan Brown of Clarksville, Tennessee, had occasion to publish the following notice: "Whereas my negroes have been much in the habit of working at night for such persons as will employ them, to the great injury of their health and morals, I therefore forbid all persons employing them without my special permission in writing. I also forbid trading with them, buying from or selling to them, without my written permit stating the article they may buy or sell. The law will be strictly enforced against transgressors, without respect to persons[43]."

[Footnote 43: _Town Gazette and Farmers' Register_ (Clarksville, Tenn.), Aug. 9, 1819, reprinted in _Plantation and Frontier_, II, 45, 46.]

When broils occurred in which slaves were involved, the masters were likely to find themselves champions rather than judges. This may be ill.u.s.trated by two cases tried before the town commissioners of Milledgeville, Georgia, in 1831. In the first of these Edward Gary was ordered to bring before the board his slave Nathan to answer a charge of a.s.sault upon Richard Mayhorn, a member of the town patrol, and show why punishment should not be inflicted. On the day set Cary appeared without the negro and made a counter charge supported by testimony that Mayhorn had exceeded his authority under the patrol ordinance. The prosecution of the slave was thereupon dropped, and the patrolman was dismissed from the town's employ.

The second case was upon a patrol charge against a negro named Hubbard, whose master or whose master's attorney was one Wiggins, reciting an a.s.sault upon Billy Woodliff, a slave apparently of Seaborn Jones. Billy being sworn related that Hubbard had come to the door of his blacksmith shop and "abused and bruised him with a rock." Other evidence revealed that Hubbard's grievance lay in Billy's having taken his wife from him. "The testimony having been concluded, Mr. Wiggins addressed the board in a speech containing some lengthy, strengthy and depthy argument: whereupon the board ordered that the negro man Hubbard receive from the marshall ten lashes, moderately laid on, and be discharged."[44] Even in the maintenance of household discipline masters were fain to apply chastis.e.m.e.nt vicariously by having the town marshal whip their offending servants for a small fee.

[Footnote 44: MS. archives in the town hall at Milledgeville, Ga., selected items from which are printed in the American Historical a.s.sociation _Report_ for 1903, I, 468, 469.]

The variety in complexion, status and attainment among town slaves led to a somewhat elaborate gradation of colored society. One stratum comprised the fairly numerous quadroons and mulattoes along with certain exceptional blacks. The men among these had a pride of place as butlers and coachmen, painters and carpenters; the women fitted themselves trimly with the cast-off silks and muslins of their mistresses, walked with mincing tread, and spoke in quiet tones with impressive nicety of grammar. This element was a conscious aristocracy of its kind, but its members were more or less irked by the knowledge that no matter how great their merits they could not cross the boundary into white society. The bulk of the real negroes on the other hand, with an occasional mulatto among them, went their own way, the women frankly indulging a native predilection for gaudy colors, carrying their burdens on their heads, arms akimbo, and laying as great store in their kerchief turbans as their paler cousins did in their beflowered bonnets. The men of this cla.s.s wore their shreds and patches with an easy swing, doffed their wool hats to white men as they pa.s.sed, called themselves n.i.g.g.e.rs or darkies as a matter of course, took the joys and sorrows of the day as they came, improvised words to the music of their work, and customarily murdered the Queen's English, all with a true if humble nonchalance and a freedom from carking care.

The differentiation of slave types was nevertheless little more than rudimentary; for most of those who were lowliest on work days a.s.sumed a grandiloquence of manner when they donned their holiday clothes. The gayeties of the colored population were most impressive to visitors from afar. Thus Adam Hodgson wrote of a spring Sunday at Charleston in 1820: "I was pleased to see the slaves apparently enjoying themselves on this day in their best attire, and was amused with their manners towards each other.

They generally use Sir and Madam in addressing each other, and make the most formal and particular inquiries after each other's families."[45] J.S.

Buckingham wrote at Richmond fifteen years afterward: "On Sundays, when the slaves and servants are all at liberty after dinner, they move about in every thoroughfare, and are generally more gaily dressed than the whites.

The females wear white muslin and light silk gowns, with caps, bonnets, ribbons and feathers; some carry reticules on the arm and many are seen with parasols, while nearly all of them carry a white pocket-handkerchief before them in the most fashionable style. The young men among the slaves wear white trousers, black stocks, broad-brimmed hats, and carry walking-sticks; and from the bowings, curtseying and greetings in the highway one might almost imagine one's self to be at Hayti and think that the coloured people had got possession of the town and held sway, while the whites were living among them by sufferance."[46] Olmsted in his turn found the holiday dress of the slaves in many cases better than the whites,[47]

and said their Christmas festivities were Saturnalia. The town ordinances, while commonly strict in regard to the police of slaves for the rest of the year, frequently gave special countenance to negro dances and other festive a.s.semblies at Christmas tide.

[Footnote 45: Adam Hodgson, _Letters from North America_, I, 97.]

[Footnote 46: J.S. Buckingham, _Slave States_, II, 427.]

[Footnote 47: _Seaboard Slave States_, pp. 101, 103. Cf. also _DeBow's Review_, XII, 692, and XXVIII, 194-199.]

Even in work-a-day seasons the laxity of control gave rise to occasional complaint. Thus the acting mayor of New Orleans recited in 1813, among matters needing correction, that loitering slaves were thronging the grog shops every evening and that negro dances were lasting far into the night, in spite of the prohibitions of the law.[48] A citizen of Charleston protested in 1835 against another and more characteristic form of dissipation. "There are," said he, "sometimes every evening in the week, funerals of negroes accompanied by three or four hundred negroes ... who disturb all the inhabitants in the neighborhood of burying grounds in Pitt street near Boundary street. It appears to be a jubilee for every slave in the city. They are seen eagerly pressing to the place from all quarters, and such is frequently the crowd and noise made by them that carriages cannot safely be driven that way."[49]

[Footnote 48: _Plantation and Frontier_, II, 153.]

[Footnote 49: Letter of a citizen in the _Southern Patriot_, quoted in H.M.

Henry, _Police Control of the Slave in South Carolina_ (Emory, Va., 1914), p. 144.]

The operations of urban constables and police courts are exemplified in some official statistics of Charleston. In the year ending September 1, 1837, the slave arrests, numbering 768 in all, were followed in 138 cases by prompt magisterial discharge, by fines in 309 cases, and by punishment in the workhouse or by remandment for trial on criminal charges in 264 of the remainder. The mayor said in summary: "Of the 573 slaves fined or committed to the workhouse nearly the whole were arrested for being out at night without tickets or being found in the dram shops or other unlawful places. The fines imposed did not in general exceed $1, and where corporal punishment was inflicted it was always moderate. It is worthy to remark that of the 460 cases reported by the marshals for prosecution but 22 were prosecuted, the penalties having been voluntarily paid in 303 cases, and in 118 cases having been remitted, thus preventing by a previous examination 421 suits." Arrests of colored freemen in the same period numbered 78, of which 27 were followed by discharge, 36 by fine or whipping, 5 by sentence to the workhouse, and 10 by remandment.

In the second year following, the slave and free negro arrests for being "out after the beating of the tattoo without tickets, fighting and rioting in the streets, following military companies, walking on the battery contrary to law, bathing horses at forbidden places, theft, or other violation of the city and state laws" advanced for some unexplained reason to an aggregate of 1424. Of those taken into custody 274 were discharged after examination, 330 were punished in the workhouse, 33 were prosecuted or delivered to warrant, 26 were fined or committed until the fines were paid, for 398 the penalties were paid by their owners or guardians, 115 were runaways who were duly returned to their masters or otherwise disposed of according to law, and the remaining 252 were delivered on their owners'

orders.[50]

[Footnote 50: Official reports quoted in H.M. Henry, _The Police Control of Slaves in South Carolina_, pp. 49, 50.]

At an earlier period a South Carolina law had required the public whipping of negro offenders at prominent points on the city streets, but complaints of this as distressing to the inhabitants[51] had brought its discontinuance. For the punishment of misdemeanants under sentences to hard labor a treadmill was inst.i.tuted in the workhouse;[52] and the ensuing subst.i.tution of labor for the lash met warm official commendation.[53]

[Footnote 51: _Columbian Herald_ (Charleston), June 26, 1788.]

[Footnote 52: Charleston _City Gazette_, Feb. 2, 1826.]

[Footnote 53: Grand jury presentments, _ibid_., May 15, 1826.]

In church affairs the two races adhered to the same faiths, but their worship tended slowly to segregate. A few negroes habitually partic.i.p.ated with the whites in the Catholic and Episcopal rituals, or listened to the long and logical sermons of the Presbyterians. Larger numbers occupied the pews appointed for their kind in the churches of the Methodist and Baptist whites, where the more ebullient exercises comported better with their own tastes. But even here there was often a feeling of irksome restraint. The white preacher in fear of committing an indiscretion in the hearing of the negroes must watch his words though that were fatal to his impromptu eloquence; the whites in the congregation must maintain their dignity when dignity was in conflict with exaltation; the blacks must repress their own manifestations the most severely of all, to escape rebuke for unseemly conduct.[54] An obvious means of relief lay in the founding of separate congregations to which the white ministers occasionally preached and in which white laymen often sat, but where the pulpit and pews were commonly filled by blacks alone. There the sable exhorter might indulge his peculiar talent for "'rous.e.m.e.nts" and the prayer leader might beseech the Almighty in tones to reach His ears though afar off. There the sisters might sway and croon to the cadence of sermon and prayer, and the brethren spur the spokesman to still greater efforts by their well timed e.j.a.c.u.l.a.t.i.o.ns. There not only would the quaint melody of the negro "spirituals" swell instead of the more sophisticated airs of the hymn book, but every successful sermon would be a symphony and every prayer a masterpiece of concerted rhythm.