FOOTNOTES:

[16] Bourne, "_Spain in America_," 271.

[17] _California Miscellany_, I, 9.

[18] Bancroft, "_History of California_," I, 175; _Place Notices_, I, 151.

[19] Hittell, "_History of California_," II, 115.

[20] Garrison, "_Westward Extension_," 26.

[21] _Cong. Globe_, 29 Cong., 2 Sess., 509.

[22] Garrison, "_Westward Extension_," 254-268, 284-314. _Cong.

Globe_, 29 Cong., 2d Sess., 178, 453, 455; 30 Cong., 1st Sess., 875, 989, 910, 1002-1005, 1062, 1081; 2d Sess., 216, 381.

[23] Tuthill, "_Hist. of California_," 312, 316.

[24] PROCLAMATION TO THE INHABITANTS OF CALIFORNIA.

It having come to the knowledge of the Commander in Chief of the District that certain persons have been and still are imprisoning and holding to service Indians against their will and without any legal contract for service. It is thereby ordered that all persons so holding or detaining Indians shall release them, and permit them to return to their own homes. Unless they can make a contract with them which shall be binding upon both parties. The Indian population must not be regarded in the light of slaves, but it is deemed necessary that the Indians within the settlement shall have employment, with the right of choosing their own master and employment. Having made such a choice they must abide by it, unless they can obtain permission in writing to leave, or the Justice in their complaint shall consider they have just cause to annull the contract and permit them to obtain another employee. All Indians must be required to obtain service and not be permitted to wander about the country in idleness in a dissolute manner. If found doing so they will be liable to arrest and punishment by labor on the public works at the direction of the Magistrate. All officers, Civil or Military under my command are required to execute the terms of this order and take notice of every violation thereof.--Given at headquarters in Yerba Buena.--Signed, John Montgomery. Sept. 15, 1846. Published for the Government of all concerned. Washington A. Bartlett, Magistrate of San Francisco, Sept.

15, 1846.--_California Star_, Sept. 15, 1846.

[25] California Laws, 1849-50, p. 408.

[26] _Ibid._, p. 408.

[27] Bancroft, "_History of California_," VI, p. 313.

[28] _Ibid._, p. 313.

[29] _The Californian_, March 16 and Nov. 4, 1848.

[30] Bancroft, "_History of California_," p. 287.

[31] _Jour. Cal. Leg._, 1850, 372-373.

[32] _Cong. Globe_, 1849-50, App., pt. I, 149-157.

[33] Tuthill, "_History of California_," p. 320.

[34] Bancroft, "_History of California_," VI, pp. 252-253.

[35] _Ibid._, p. 595.

[36] Many Negroes were returned to slavery by the Courts. An owner of slaves in Mississippi brought them voluntarily into California before the adoption of the Const.i.tution by the State. The slaves a.s.serted their freedom and for some months were engaged in business for themselves. The owner under the provision of the Fugitive Slave Act of 1852 brought them before the Justice of Peace, who allowed the claim of the owners and ordered them into his custody. The slaves then pet.i.tioned for a writ of habeas corpus which came before the Supreme.

Court and after hearing the case the Court ordered that the writ be dismissed and the slaves remanded to their owners.--_California Reports_, II, 424-426.

The case of Alvin Coffey is equally as interesting. This account was given by a lifelong friend of the subject.

Alvin Coffey was born in 1822, in Saint Louis, Missouri. He came to California with his sick master, a Mr. Duvall, who landed in San Francisco, September 1, 1849. They went to Sacramento, October 13, 1849. During the next eight months the slave earned for his master $5,000, working in the mines, and by washing for the miners and mining for himself after night, he earned $700 of his own. As the master continued in poor health he decided to return with Alvin to Missouri at the expiration of two years. When they reached Kansas City, Missouri, the master sold Alvin to Nelson Tindle, first taking from him the $5,000, earned for the master, and also the $700 earned for himself.

Nelson Tindle took a great liking to Alvin and in a short time made him overseer over a number of slaves. Alvin, however, longed to return to California and, in order to earn his freedom, bought his time from his master and took contracts to build railroads. One day Nelson Tindle said to Alvin that he was too smart a man to be a slave and ought to try and purchase his freedom. Whereupon Alvin told him if he would let him return to California, he could easily earn enough money to effect the purchase. Alvin was permitted to return to California, and in a short time sent his master the $1,500 to pay for his freedom.

Alvin then undertook to earn the money to pay for the freedom of his wife and daughters, who were slaves of Doctor Ba.s.sett, of Missouri. He earned the required sum and returned for his family. After paying for their freedom, he went with them to Canada, where he left his daughters to be educated. He and his wife Mahalia came to California.

It cost him for the freedom of himself and family together with the trips to and from California about $7000. See Bancroft, "_History of California_," VI, p. 382.

[37] Some of these cases are more than interesting. Daniel Rodgers came across the plains with his master from Little Rock, Arkansas, worked in the mines in Sonora, California, during the day for his master and at night for himself, earning and paying his master $1,100 for his freedom. Soon afterward the master returned with him to Little Rock and sold him. A number of the leading white gentlemen of Little Rock raised a sum of money, paid for his freedom and set him free.

William Pollock and wife from North Carolina came to California with their master who located at Cold Springs, Coloma, California. He paid $1,000 for himself and $800 for his wife. The money was earned by washing for the miners at night and making doughnuts. They removed to Placerville, California, and afterward earned their living as caterers. In 1849, a slaveholder brought his slave to California. Not wishing to take the Negro back to his native State, Alabama, he concluded to sell him by auction. An advertis.e.m.e.nt was put in the papers, the boy was purchased for $1,000, by Caleb T. Fay, a strong abolitionist, who gave the boy his freedom.

A Mississippi slaveholder brought several slaves from that State and promised to give them their freedom in two years. They all ran away save one, Charles Bates, when they learned that they were already free. The owner, finding mining did not pay, started east, taking Charles with him. On the Isthmus of Panama, Charles was persuaded to leave his master. He returned to California and to Stockton with his true friend. On the street one day he was recognized by a party who had lent money to Charles's master. The debtor got out an attachment for the former slave as chattel property, and according to the State law, the Negro was put up and sold at auction. A number of anti-slavery men bought the boy for $750 and gave him his freedom.--_California Reports_, I, 424-426.

[38] Bancroft, "_History of California_," VI, p. 716.

[39] Bancroft, "_History of California_," VI, p. 716.

[40] _Ibid._, VI, p. 716.

DOc.u.mENTS

CALIFORNIA FREEDOM PAPERS[41]

To determine the sources of the Negroes first brought into California their treatment by the whites and the methods employed to obtain their freedom no doc.u.ments are more valuable than the manumission papers found in the archives of that State. These throw much light also on the personal history of Negroes, many of whom later became useful citizens of that State.

E. H. TAYLOR to DENNIS AVIERY SLAVE RELEASE

TO ALL WHOM IT MAY CONCERN; This is to certify that Dennis Aviery has been my Slave in the State of Georgia for about the term of eight years but by virtue of money to me in hand paid he is free and Liberated from all allegiance to my authority. Coloma Eldorado county California Feb. 8, 1851

Witness GEORGE SOALL

STATE OF CALIFORNIA S.S.

ELDORADO CO.

On this eight day of February, A.D. 1851 personally appeared before me the recorder of said County. E. H. Taylor, satisfactory proved to me to be the person discribed in and who executed the foregoing instrument of liberating his negro slave by the oath of George Scall, a competent witness for that purpose by me duly sworn and the said E. H. Taylor acknowledged that he executed the same freely and voluntarily for the use and purposes therein mentioned. In testimony the thereof, I, John A. Reichart; Recorder for the said county have hereunto signed my name, and affixed the seal of said office at Coloma this day of year first above written

JOHN A. REICHART _Recorder of Eldorado county_

Filed for Recording February, 8, 1851 at 9, oclock A.M.

J. A. REICHART Recorder's office Record Book[42]

DEED OF MANUMISSION