[Footnote 14: Cotton Mather, "Diary," in Ma.s.sachusetts Historical Society _Collections_, LXVII, 22, 203.]

An early realization that the price of negroes also was greater than the worth of their labor under ordinary circ.u.mstances in New England led the Yankee partic.i.p.ants in the African trade to market their slave cargoes in the plantation colonies instead of bringing them home. Thus John Winthrop entered in his journal in 1645: "One of our ships which went to the Canaries with pipestaves in the beginning of November last returned now and brought wine and sugar and salt, and some tobacco, which she had at Barbadoes in exchange for Africoes which she carried from the Isle of Maio."[15] In their domestic industry the Ma.s.sachusetts people found by experience that "many hands make light work, many hands make a full fraught, but many mouths eat up all";[16] and they were shrewd enough to apply the adage in keeping the scale of their industrial units within the frugal requirements of their lives.

[Footnote 15: Winthrop, _Journal_, II, 227.]

[Footnote 16: John Josslyn, "Two Voyages to New England," in Ma.s.sachusetts Historical Society _Collections_, XXIII, 332.]

That the laws of Ma.s.sachusetts were enforced with special severity against the blacks is indicated by two cases before the central court in 1681, both of them prosecutions for arson. Maria, a negress belonging to Joshua Lamb of Roxbury, having confessed the burning of two dwellings, was sentenced by the Governor "yt she should goe from the barr to the prison whence she came and thence to the place of execution and there be burnt.--ye Lord be mercifull to thy soule, sd ye Govr." The other was Jack, a negro belonging to Samuel Wolcott of Weathersfield, who upon conviction of having set fire to a residence by waving a fire brand about in search of victuals, was condemned to be hanged until dead and then burned to ashes in the fire with the negress Maria.[17]

[Footnote 17: _Records of the Court of a.s.sistants, 1630-1692_ (Boston, 1901), p. 198.]

In this period it seems that Indian slaves had almost disappeared, and the number of negroes was not great enough to call for special police legislation. Governor Bradstreet, for example, estimated the "blacks or slaves" in the colony in 1680 at "about one hundred or one hundred and twenty."[18] But in 1708 Governor Dudley reckoned the number in Boston at four hundred, one-half of whom he said had been born there, and those in the rest of the colony at one hundred and fifty; and in the following decades their number steadily mounted, as a concomitant of the colony's increasing prosperity, until on the eve of the American Revolution they were reckoned at well above five thousand. Although they never exceeded two per cent. of the gross population, their presence prompted characteristic legislation dating from about the beginning of the eighteenth century.

This on one hand taxed the importation of negros unless they were promptly exported again on the other hand it forbade trading with slaves, restrained manumission, established a curfew, provided for the whipping of any negro or mulatto who should strike a "Christian," and prohibited the intermarriage of the races. On the other hand it gave the slaves the privilege of legal marriage with persons of their own race, though it did not attempt to prevent the breaking up of such a union by the sale and removal of the husband or wife.[19] Regarding the status of children there was no law enacted, and custom ruled. The children born of Indian slave mothers appear generally to have been liberated, for as willingly would a man nurse a viper in his bosom as keep an aggrieved and able-bodied redskin in his household. But as to negro children, although they were valued so slightly that occasionally it is said they were given to any one who would take them, there can be no reasonable doubt that by force of custom they were the property of the owners of their mothers.[20]

[Footnote 18: Ma.s.sachusetts Historical Society _Collections_, XXVIII, 337.]

[Footnote 19: Moore, _Slavery in Ma.s.sachusetts_, pp. 52-55.]

[Footnote 20: _Ibid_., pp. 20-27.]

The New Englanders were "a plain people struggling for existence in a poor wilderness.... Their lives were to the last degree matter of fact, realistic, hard." [21] Shrewd in consequence of their poverty, self-righteous in consequence of their religion, they took their slave-trading and their slaveholding as part of their day's work and as part of G.o.d's goodness to His elect. In practical effect the policy of colonial Ma.s.sachusetts toward the backward races merits neither praise nor censure; it was merely commonplace.

[Footnote 21: C.F. Adams, _Ma.s.sachusetts, its Historians and its History_ (Boston, 1893), p. 106.]

What has been said in general of Ma.s.sachusetts will apply with almost equal fidelity to Connecticut.[22] The number of negroes in that colony was hardly appreciable before 1720. In that year Governor Leete when replying to queries from the English committee on trade and plantations took occasion to emphasize the poverty of his people, and said as to bond labor: "There are but fewe servants amongst us, and less slaves; not above 30, as we judge, in the colony. For English, Scotts and Irish, there are so few come in that we cannot give a certain acco[un]t. Some yeares come none; sometimes a famaly or two in a year. And for Blacks, there comes sometimes 3 or 4 in a year from Barbadoes; and they are sold usually at the rate of 22l a piece, sometimes more and sometimes less, according as men can agree with the master of vessels or merchants that bring them hither." Few negroes had been born in the colony, "and but two blacks christened, as we know of."[23] A decade later the development of a black code was begun by an enactment declaring that any negro, mulatto, or Indian servant wandering outside his proper town without a pa.s.s would be accounted a runaway and might be seized by any person and carried before a magistrate for return to his master. A free negro so apprehended without a pa.s.s must pay the court costs. An act of 1702 discouraged manumission by ordering that if any freed negroes should come to want, their former owners were to be held responsible for their maintenance. Then came legislation forbidding the sale of liquors to slaves without special orders from their masters, prohibiting the purchase of goods from slaves without such orders, and providing a penalty of not more than thirty lashes for any negro who should offer to strike a white person; and finally a curfew law, in 1723, ordering not above ten lashes for the negro, and a fine of ten shillings upon the master, for every slave without a pa.s.s apprehended for being out of doors after nine o'clock at night.[24] These acts, which remained in effect throughout the colonial period, const.i.tuted a code of slave police which differed only in degree and fullness from those enacted by the more southerly colonies in the same generation. A somewhat unusual note, however, was struck in an act of 1730 which while penalizing with stripes the speaking by a slave of such words as would be actionable if uttered by a free person provided that in his defence the slave might make the same pleas and offer the same evidence as a freeman. The number of negroes in the colony rose to some 6500 at the eve of the American Revolution. Most of them were held in very small parcels, but at least one citizen, Captain John Perkins of Norwich, listed fifteen slaves in his will.

[Footnote 22: The scanty materials available are summarized in B.C.

Steiner, _History of Slavery in Connecticut_ (Johns Hopkins University _Studies_, XI, nos. 9, 10, Baltimore, 1893), pp. 9-23, 84. See also W.C.

Fowler, "The Historical Status of the Negro in Connecticut," in the _Historical Magazine and Notes and Queries_, III, 12-18, 81-85, 148-153, 260-266.]

[Footnote 23: _Public Records of the Colony of Connecticut_, III, 298.]

[Footnote 24: _Public Records of the Colony of Connecticut_, IV, 40, 376; V, 52, 53; VI, 390, 391.]

Rhode Island was distinguished from her neighbors by her diversity and liberalism in religion, by her great activity in the African slave trade, and by the possession of a tract of unusually fertile soil. This last, commonly known as the Narragansett district and comprised in the two so-called towns of North and South Kingstown, lay on the western sh.o.r.e of the bay, in the southern corner of the colony. Prosperity from tillage, and especially from dairying and horse-breeding, caused the rise in that neighborhood of landholdings and slaveholdings on a scale more commensurate with those in Virginia than with those elsewhere in New England. The Hazards, Champlins, Robinsons, and some others acc.u.mulated estates ranging from five to ten thousand acres in extent, each with a corps of bondsmen somewhat in proportion. In 1730, for example, South Kingstown had a population of 965 whites, 333 negroes and 233 Indians; and for a number of years afterward those who may safely be a.s.sumed to have been bondsmen, white, red and black, continued to be from a third to a half as many as the free inhabitants.[25] It may be noted that the prevalent husbandry was not such as generally attracted unfree labor in other districts, and that the climate was poorly suited to a negro population. The question then arises, Why was there so large a recourse to negro slave labor? The answer probably lies in the proximity of Newport, the main focus of African trading in American ships. James Browne wrote in 1737 from Providence, which was also busy in the trade, to his brother Obadiah who was then in Southern waters with an African cargo and who had reported poor markets: "If you cannot sell all your slaves to your mind, bring some of them home; I believe they will sell well." [26] This bringing of remainders home doubtless enabled the nearby townsmen and farmers to get slaves from time to time at bargain prices. The whole colony indeed came to have a relatively large proportion of blacks. In 1749 there were 33,773 whites and 3077 negroes; in 1756 there were 35,939 and 4697 respectively; and in 1774, 59,707 and 3668. Of this last number Newport contained 1246, South Kingstown 440, Providence 303, Portsmouth 122, and Bristol 114.[27]

[Footnote 25: Edward Channing, _The Narragansett Planters_ (Johns Hopkins University _Studies_, IV, no. 3, Baltimore, 1886).]

[Footnote 26: Gertrude S. Kimball, _Providence in Colonial Times_ (Boston, 1912), p. 247.]

[Footnote 27: W.D. Johnston, "Slavery in Rhode Island, 1755-1776," in Rhode Island Historical Society _Publications_, new series, II, 126, 127.]

The earliest piece of legislation in Rhode Island concerning negroes was of an anti-slavery character. This was an act adopted by the joint government of Providence and Warwick in 1652, when for the time being those towns were independent of the rest. It required, under a penalty of 40, that all negroes be freed after having rendered ten years of service.[28] This act may be attributed partly perhaps to the liberal influence of Roger Williams, and partly to the virtual absence of negroes in the towns near the head of the bay. It long stood unrepealed, but it was probably never enforced, for no sooner did negroes become numerous than a conservative reaction set in which deprived this peculiar law of any public sanction it may have had at the time of enactment. When in the early eighteenth century legislation was resumed in regard to negroes, it took the form of a slave code much like that of Connecticut but with an added act, borrowed perhaps from a Southern colony, providing that slaves charged with theft be tried by impromptu courts consisting of two or more justices of the peace or town officers, and that appeal might be taken to a court of regular session only at the master's request and upon his giving bond for its prosecution. Some of the towns, furthermore, added by-laws of their own for more thorough police. South Kingstown for instance adopted an order that if any slave were found in the house of a free negro, both guest and host were to be whipped.[29] The Rhode Island Quakers in annual meeting began as early as 1717 to question the propriety of importing slaves, and other persons from time to time echoed their sentiments; but it was not until just before the American Revolution that legislation began to interfere with the trade or the inst.i.tution.

[Footnote 28: _Rhode Island Colonial Records_, I, 243.]

[Footnote 29: Channing, _The Narragansett Planters_, p. 11.]

The colonies of Plymouth and New Haven in the period of their separate existence, and the colonies of Maine and New Hampshire throughout their careers, are negligible in a general account of negro slavery because their climate and their industrial requirements, along with their poverty, prevented them from importing any appreciable number of negroes.

New Netherland had the distinction of being founded and governed by a great slave-trading corporation--the Dutch West India Company--which endeavored to extend the market for its human merchandise whithersoever its influence reached. This pro-slavery policy was not wholly selfish, for the directors appear to have believed that the surest way to promote a colony's welfare was to make slaves easy to buy. In the infancy of New Netherland, when it consisted merely of two trading posts, the company delivered its first batch of negroes at New Amsterdam. But to its chagrin, the settlers would buy very few; and even the company's grant of great patroonship estates failed to promote a plantation regime. Devoting their energies more to the Indian trade than to agriculture, the people had little use for farm hands, while in domestic service, if the opinion of the Reverend Jonas Michaelius be a true index, the negroes were found "thievish, lazy and useless trash."

It might perhaps be surmised that the Dutch were too easy-going for success in slave management, were it not that those who settled in Guiana became reputed the severest of all plantation masters. The bulk of the slaves in New Netherland, left on the company's hands, were employed now in building fortifications, now in tillage. But the company, having no adequate means of supervising them in routine, changed the status of some of the older ones in 1644 from slavery to tribute-paying. That is to say, it gave eleven of them their freedom on condition that each pay the company every year some twenty-two bushels of grain and a hog of a certain value. At the same time it provided, curiously, that their children already born or yet to be born were to be the company's slaves. It was proposed at one time by some of the inhabitants, and again by Governor Stuyvesant, that negroes be armed with tomahawks and sent in punitive expeditions against the Indians, but nothing seems to have come of that.

The Dutch settlers were few, and the Dutch farmers fewer. But as years went on a slender stream of immigration entered the province from New England, settling mainly on Long Island and in Westchester; and these came to be among the company's best customers for slaves. The villagers of Gravesend, indeed, pet.i.tioned in 1651 that the slave supply might be increased. Soon afterward the company opened the trade to private ships, and then sent additional supplies on its own account to be sold at auction. It developed hopes, even, that New Amsterdam might be made a slave market for the neighboring English colonies. A parcel sold at public outcry in 1661 brought an average price of 440 florins,[30] which so encouraged the authorities that larger shipments were ordered. Of a parcel arriving in the spring of 1664 and described by Stuyvesant as on the average old and inferior, six men were reserved for the company's use in cutting timber, five women were set aside as unsalable, and the remaining twenty-nine, of both s.e.xes, were sold at auction at prices ranging from 255 to 615 florins.

But a great cargo of two or three hundred slaves which followed in the same year reached port only in time for the vessel to be captured by the English fleet which took possession of New Netherland and converted it into the province of New York.[31]

[Footnote 30: The florin has a value of forty cents.]

[Footnote 31: This account is mainly drawn from A.J. Northrup, "Slavery in New York," in the New York State Library _Report_ for 1900, pp. 246-254, and from E.B. O'Callaghan ed., _Voyages of the Slavers St. John and Arms of Amsterdam, with additional papers ill.u.s.trative of the slave trade under the Dutch_ (Albany, 1867), pp. 99-213.]

The change of the flag was very slow in bringing any p.r.o.nounced change in the colony's general regime. The Duke of York's government was autocratic and pro-slavery and the inhabitants, though for some decades they bought few slaves, were nothing averse to the inst.i.tution. After the colony was converted into a royal province by the accession of James II to the English throne popular self-government was gradually introduced and a light import duty was laid upon slaves. But increasing prosperity caused the rise of slave importations to an average of about one hundred a year in the first quarter of the eighteenth century;[32] and in spite of the rapid increase of the whites during the rest of the colonial period the proportion of the negroes was steadily maintained at about one-seventh of the whole. They became fairly numerous in all districts except the extreme frontier, but in the counties fronting New York Harbor their ratio was somewhat above the average.[33] In 1755 a special census was taken of slaves older than fourteen years, and a large part of its detailed returns has been preserved. These reports from some two-score scattered localities enumerate 2456 slaves, about one-third of the total negro population of the specified age; and they yield unusually definite data as to the scale of slaveholdings. Lewis Morris of Morrisania had twenty-nine slaves above fourteen years old; Peter DeLancy of Westchester Borough had twelve; and the following had ten each: Thomas Dongan of Staten Island, Martinus Hoffman of Dutchess County, David Jones of Oyster Bay, Rutgert Van Brunt of New Utrecht, and Isaac Willett of Westchester Borough. Seventy-two others had from five to nine each, and 1048 had still smaller holdings.[34] The average quota was two slaves of working age, and presumably the same number of slave children. That is to say, the typical slaveholding family had a single small family of slaves in its service. From available data it may be confidently surmised, furthermore, that at least one household in every ten among the eighty-three thousand white inhabitants of the colony held one or more slaves. These two features--the multiplicity of slaveholdings and the virtually uniform pettiness of their scale--const.i.tuted a regime never paralleled in equal volume elsewhere. The economic interest in slave property, nowhere great, was widely diffused. The petty masters, however, maintained so little system in the management of their slaves that the public problem of social control was relatively intense. It was a state of affairs conducing to severe legislation, and to hysterical action in emergencies.

[Footnote 32: _Doc.u.mentary History of New York_ (Albany, 1850), I, 482.]

[Footnote 33: _Ibid_., I, 467-474.]

[Footnote 34: _Doc.u.mentary History of New York_, III, 505-521.]

The first important law, enacted in 1702, repeated an earlier prohibition against trading with slaves; authorized masters to chastise their slaves at discretion; forbade the meeting of more than three slaves at any time or place unless in their masters' service or by their consent; penalized with imprisonment and lashes the striking of a "Christian" by a slave; made the seductor or harborer of a runaway slave liable for heavy damages to the owner; and excluded slave testimony from the courts except as against other slaves charged with conspiracy. In order, however, that undue loss to masters might be averted, it provided that if by theft or other trespa.s.s a slave injured any person to the extent of not more than five pounds, the slave was not to be sentenced to death as in some cases a freeman might have been under the laws of England then current, but his master was to be liable for pecuniary satisfaction and the slave was merely to be whipped.

Three years afterward a special act to check the fleeing to Canada provided a death penalty for any slave from the city and county of Albany found traveling more than forty miles north of that city, the master to be compensated from a special tax on slave property in the district. And in 1706 an act, pa.s.sed mainly to quiet any fears as to the legal consequences of Christianization, declared that baptism had no liberating effect, and that every negro or mulatto child should inherit the status of its mother.

The murder of a white family by a quartet of slaves in conspiracy not only led to their execution, by burning in one case, but prompted an enactment in 1708 that slaves charged with the murder of whites might be tried summarily by three justices of the peace and be put to death in such manner as the enormity of their crimes might be deemed to merit, and that slaves executed under this act should be paid for by the public. Thus stood the law when a negro uprising in the city of New York in 1712 and a reputed conspiracy there in 1741 brought atrociously numerous and severe punishments, as will be related in another chapter.[35] On the former of these occasions the royally appointed governor intervened in several cases to prevent judicial murder. The a.s.sembly on the other hand set to work at once on a more elaborate negro law which restricted manumissions, prohibited free negroes from holding real estate, and increased the rigor of slave control. Though some of the more drastic provisions were afterward relaxed in response to the more sober sense of the community, the negro code continued for the rest of the colonial period to be substantially as elaborated between 1702 and 1712.[36] The disturbance of 1741 prompted little new legislation and left little permanent impress upon the community. When the panic pa.s.sed the petty masters resumed their customary indolence of control and the police officers, justly incredulous of public danger, let the rigors of the law relapse into desuetude.

[Footnote 35: Below, pp. 470, 471.]

[Footnote 36: The laws are summarized and quoted in A.J. Northrup "Slavery in New York," in the New York State Library _Report_ for 1900, pp. 254-272.

_See also_ E.V. Morgan, "Slavery in New York," in the American Historical a.s.sociation _Papers_ (New York, 1891), V, 335-350.]

As to New Jersey, the eastern half, settled largely from New England, was like in conditions and close in touch with New York, while the western half, peopled considerably by Quakers, had a much smaller proportion of negroes and was in sentiment akin to Pennsylvania. As was generally the case in such contrast of circ.u.mstances, that portion of the province which faced the greater problem of control determined the legislation for the whole. New Jersey, indeed, borrowed the New York slave code in all essentials. The administration of the law, furthermore, was about as it was in New York, in the eastern counties at least. An alleged conspiracy near Somerville in 1734 while it cost the reputed ringleader his life, cost his supposed colleagues their ears only. On the other hand sentences to burning at the stake were more frequent as punishment for ordinary crimes; and on such occasions the citizens of the neighborhood turned honest shillings by providing f.a.ggots for the fire. For the western counties the published annals concerning slavery are brief wellnigh to blankness.[37]

[Footnote 37: H.S. Cooley, _A Study of Slavery in New Jersey_ (Johns Hopkins University _Studios_, XIV, nos. 9, 10, Baltimore, 1896).]

Pennsylvania's place in the colonial slaveholding sisterhood was a little unusual in that negroes formed a smaller proportion of the population than her location between New York and Maryland might well have warranted.

This was due not to her laws nor to the type of her industry but to the disrelish of slaveholding felt by many of her Quaker and German inhabitants and to the greater abundance of white immigrant labor whether wage-earning or indentured. Negroes were present in the region before Penn's colony was founded. The new government recognized slavery as already inst.i.tuted. Penn himself acquired a few slaves; and in the first quarter of the eighteenth century the a.s.sembly legislated much as New York was doing, though somewhat more mildly, for the fuller control of the negroes both slave and free. The number of blacks and mulattoes reached at the middle of the century about eleven thousand, the great majority of them slaves. They were most numerous, of course, in the older counties which lay in the southeastern corner of the province, and particularly in the city of Philadelphia.

Occasional owners had as many as twenty or thirty slaves, employed either on country estates or in iron-works, but the typical holding was on a petty scale. There were no slave insurrections in the colony, no plots of any moment, and no panics of dread. The police was apparently a little more thorough than in New York, partly because of legislation, which the white mechanics procured, lessening negro compet.i.tion by forbidding masters to hire out their slaves. From travelers' accounts it would appear that the relation of master and slave in Pennsylvania was in general more kindly than anywhere else on the continent; but from the abundance of newspaper advertis.e.m.e.nts for runaways it would seem to have been of about average character. The truth probably lies as usual in the middle ground, that Pennsylvania masters were somewhat unusually considerate. The a.s.sembly attempted at various times to check slave importations by levying prohibitive duties, which were invariably disallowed by the English crown.

On the other hand, in spite of the endeavors of Sandiford, Lay, Woolman and Benezet, all of them Pennsylvanians, it took no steps toward relaxing racial control until the end of the colonial period.[38]

[Footnote 38: E.R. Turner, _The Negro in Pennsylvania_ (Washington, 1911); R.R. Wright, Jr., _The Negro in Pennsylvania_ (Philadelphia, 1912).]

In the Northern colonies at large the slaves imported were more generally drawn from the West Indies than directly from Africa. The reasons were several. Small parcels, better suited to the retail demand, might be brought more profitably from the sugar islands whither New England, New York and Pennsylvania ships were frequently plying than from Guinea whence special voyages must be made. Familiarity with the English language and the rudiments of civilization at the outset were more essential to petty masters than to the owners of plantation gangs who had means for breaking in fresh Africans by deputy. But most important of all, a sojourn in the West Indies would lessen the shock of acclimatization, severe enough under the best of circ.u.mstances. The number of negroes who died from it was probably not small, and of those who survived some were incapacitated and bedridden with each recurrence of winter.

Slavery did not, and perhaps could not, become an important industrial inst.i.tution in any Northern community; and the problem of racial adjustments was never as acute as it was generally thought to be. In not more than two or three counties do the negroes appear to have numbered more than one fifth of the population; and by reason of being distributed in detail they were more nearly a.s.similated to the civilization of the dominant race than in southerly lat.i.tudes where they were held in gross.

They nevertheless continued to be regarded as strangers within the gates, by some welcomed because they were slaves, by others not welcomed even though they were in bondage. By many they were somewhat unreasonably feared; by few were they even reasonably loved. The spirit not of love but of justice and the public advantage was destined to bring the end of their bondage.

CHAPTER VII