CHAPTER IV

THE ROYAL ADVENTURERS AND THE PLANTATIONS

The early trade of the English to the coast of Africa was very largely

in exchange for products which could be sold in England. Among these

may be mentioned elephants' teeth, wax, malaguetta and gold. As has

been shown, the hope of discovering gold mines was the principal cause

of the first expedition sent to Africa by the Royal Adventurers in

December, 1660. When this scheme to mine gold was abandoned the

company's agents traded for gold which was brought down from the

interior or washed out by the slow and laborious toil of the natives.

The other African products, especially elephants' teeth, were brought

to London where they sold quite readily for very good prices.

Although this direct trade between England and Africa was never

neglected, the slave trade with the English colonies in the West

Indies was destined to absorb the company's attention because the

supply of indentured servants[1] was never great enough to meet the

needs of the rapidly growing sugar and indigo plantations. From the

planters point of view, moreover, slaves had numerous advantages over

white servants as plantation laborers. Slaves and their children after

them were chattel property for life. The danger of rebellion was very

small because often the slaves could not even converse with one

another, since they were likely to be from different parts of Africa

and therefore to speak a different dialect. Finally, neither the

original outlay for slaves nor the cost of feeding and clothing them

was great, and therefore slaves were regarded as more economical than

indentured servants. Moreover, there was much to be said against

encouraging the lower classes of England to come to the plantations,

where they often engaged engaged in disturbances of one kind and

another. Also, after a service of a few years, it was necessary to

allow them to go where they pleased. Nevertheless, with all their

disadvantages, it may be truly said that the planters preferred the

white servants to any others. It was, however, impossible to obtain

the needed supply of labor from this source and therefore it was

always necessary to import slaves from Africa.

Previous to the accession of Charles II not many slaves were imported

into the English possessions in the West Indies. Of this small number

all but a few had been brought by the ships of the Dutch West India

Company. The Dutch centered their West India trade at the island of

Curaçao, whence they could supply not only their own colonies with

slaves but those of the French, English and even the Spanish when

opportunity offered. So great was the demand for slaves and other

necessities procured from the Dutch that the English planters in the

West Indies regarded this trade as highly desirable. For instance,

when the island of Barbadoes surrendered to the Parliamentary forces,

January 11, 1652, it stipulated that it should retain its freedom of

trade and that no company should be formed which would monopolize its

commodities.[2] Nevertheless, by the Navigation Act of 1660 colonial

exports, part of which had to be carried only to England, were

confined to English ships. This was a sufficient limitation of their

former freedom of trade to incense the planters in the West Indies

but, as a matter of greater importance to them, the king granted to

the Company of Royal Adventurers the exclusive trade to the western

coast of Africa, thus limiting their supply of Negro slaves to this

organization. The company therefore undertook this task, realizing

that in the Negro trade it would find by far its most lucrative

returns. Not only did the company supply the planters with slaves,

their greatest necessity, but in exchange for these it took sugar and

other plantation products which it carried to England. It was natural

that the company should endeavor to make a success of its business,

but, on the other hand, it was to be expected that the planters would

regard the company as a monopoly and a nuisance to be outwitted if

possible.

In 1660 Barbadoes was in much the same condition as is true of every

rapidly expanding new country. The settlers occupied as much land as

they could obtain and directed every effort toward its cultivation and

improvement. The growing of sugar had proved to be very profitable and

every planter saw his gains limited only by the lack of labor to

cultivate his lands. Every possible effort was therefore made to

obtain laborers and machinery. Although the planters had little ready

capital, they made purchases with a free hand, depending upon the

returns from their next year's crop to pay off their debts. As a

result, the planters were continually in debt to the merchants. The

merchants greatly desired that Barbadoes should be made as dependent

on England as possible in order that the constantly increasing amount

of money which the planters owed them might be better secured.

Moreover, they wished to prevent the planters from manipulating the

laws of the island in such a way as to hinder the effective collection

of debts.[3] The planters, on the other hand, appreciated very keenly

the ill effects upon themselves of the laws which were passed in

England for the regulation of commerce. They bitterly complained of

the enumerated article clause of the Navigation Act of 1660, which

provided that all sugars, indigo and cotton-wool should be carried

only to England. Already the planters were very greatly in debt to the

merchants and they saw in this new law the beginning of the

restrictions by which the merchants intended to throttle their trade.

Indeed it seemed to the planters as if they were completely at the

mercy of the merchants, who paid what they pleased for sugar, and

charged excessive prices for Negroes, cattle and supplies.[4] Among

those who were regarded as oppressors were the factors of the Royal

Company, which controlled the Negro supply upon which the prosperity

of the plantations depended.

Sir Thomas Modyford, speaker of the assembly, also became the agent

for the Royal Adventurers in Barbadoes. Modyford was very enthusiastic

about the company's prospects for a profitable trade in Negroes with

the Spanish colonies. The people of Barbadoes neither shared

Modyford's enthusiasm for this trade nor for the company's monopoly

because they believed that thereby the price of slaves was

considerably increased. On December 18, 1662, the council and assembly

of Barbadoes resolved to ask the king for a free trade to Africa or to

be assured that the factors of the Royal Company would sell their

slaves for the same price as other merchants.[5] Very shortly, the

duke of York, the company's governor, informed Governor Willoughby

that the company had made arrangements to provide Barbadoes and the

Caribbee Islands with 3,000 slaves per annum and that the needs of the

islands would be attended to as conditions changed. Moreover, the

company pledged itself to see that all Negroes imported into the

island should be sold by lots, as had been the custom, at the average

rate of seventeen pounds per head or for commodities of the island

rated at that price.[6] The duke of York also requested Governor

Willoughby to ascertain if possible how many Negroes were desired by

the planters at that rate, and to see that any planters who wished to

become members of the company should be given an opportunity to do

so.[7]

When the company's factors, Sir Thomas Modyford and Sir Peter

Colleton, began to sell Negroes to the planters they encountered

endless trouble and litigation in the collection of debts. In a vivid

description of their difficulties to the company they declared that

Governor Willoughby did nothing to assist them until he received

several admonitions from the king. To be sure the governor's power in

judicial matters was limited by the council, which in large part was

made up of landholders who naturally attempted to shield the planters

from their creditors. In case an execution on a debt was obtained from

a local court the property remained in the hands of the debtor for

eighty days. During this time the debtor often made away with the

property, if it was in the form of chattel goods. If the judgment was

against real estate the land also remained in the hands of the debtor

for eighty days, during which time a committee, usually neighbors of

the debtor, appraised the land, often above its real value. If this

sum exceeded the debt, the creditor was compelled to pay the

difference. As the factors declared, therefore, it was a miracle if

the creditors got their money.[8]

In 1664, Sir Thomas Modyford was called from Barbadoes to become

governor of Jamaica.[9] In his place the Royal Adventurers selected

John Reid, who had resided for several years in Spain and was

therefore conversant with the needs of the Spanish colonies concerning

slaves. Reid also obtained the office of sub-commissioner of prizes in

Barbadoes.[10]

After Modyford's departure from Barbadoes the factors still

experienced great difficulty in collecting the company's debts. Since

Willoughby had not exerted himself in its behalf the company informed

the king that it had supplied the planters liberally with slaves, but

that the planters owed the company £40,000,[11] and that by reason of

the intolerable delays in the courts it was impossible to collect this

sum. Thereupon the earl of Clarendon wrote to Governor Willoughby

admonishing him to take such measures as would make a renewal of the

company's complaints unnecessary. In this letter Clarendon also

declared that while the king had shown great care for the planters by

restraining the company from charging excessive prices for slaves, he

should also protect the interests of the merchants. Willoughby,

therefore, was recommended to see speedy justice given to the company,

and to use his influence in obtaining a better law for the collection

of debts.[12]

To add to the company's difficulties private traders began to infringe

upon the territory included in the company's charter. As an instance

of this Captain Pepperell, in charge of one of the company's ships,

seized an interloper called the "William" and "Jane" off the coast of

New Callabar in Guinea. When Pepperell appeared at Barbadoes with his

prize, one of the owners of the captured ship brought suit in a common

law court against the company's commander for damages to the extent of

500,000 pounds of sugar. The company's factors at once went bail for

Pepperell. Ordinarily the case would have been tried by a jury of

planters from whom the company's agents could expect no consideration.

The factors, therefore, petitioned to have the case removed from the

common law courts to the admiralty court where the governor was the

presiding officer. A jury of sympathetic islanders would thus be

dispensed with and, if necessary, the case could be appealed to a

higher court in England with greater ease. When Willoughby called the

admiralty court on June 17, 1665, the factors cited the company's

royal charter which justified the seizure of interlopers.

Notwithstanding the clear case which the company's agents seemed to

have the case was adjourned for a week. Fearing that the governor

might take action adverse to the company's interests the factors

succeeded in sending the ship in question to Jamaica where it was not

under the jurisdiction of Lord Willoughby.[13] The bail bonds against

Pepperell were not withdrawn, and therefore he stood in as great

danger of prosecution as ever. When the company learned of this

situation it immediately petitioned Secretary Arlington that

Willoughby be commanded not to permit any further procedures against

Pepperell and to transmit the whole case to the Privy Council. It also

requested that those who had transgressed the company's charter should

be punished.[14] The Privy Council issued an order in accordance with

the company's desires.[15] Willoughby accused the factors of having

reported the case falsely and of having affronted him grossly by

taking the vessel in question away from the island by stealth.

Moreover, he declared that he would have made them understand his

point of view "if they had not been employed by soe Royall a

Compagnie."[16]

Since Willoughby persistently neglected to send Pepperell's bail bonds

to England, the Royal Company finally reported the matter again to the

king.[17] Once more the case was heard in the Privy Council where it

was referred to the committee on trade and plantations.[18] On January

31, 1668, the Privy Council issued an order to Governor Willoughby,

brother of the former incumbent, commanding him to stop all

proceedings against the Royal Company and commanding him to send

everything in regard to the case to England without delay.[19] Lord

Willoughby replied that so far as he could ascertain all the records

had been sent to England and that if any others were found he would

also despatch them.[20] Thus ended this contest in regard to the

maintenance of the company's privileges. The king had not allowed his

royal prerogative to be interfered with and the company's charter was

regarded as intact. Theoretically the victory was all in favor of the

company, but on account of the losses which it was incurring in the

Anglo-Dutch war, it was impossible for the company to furnish a

sufficient supply of Negroes to Barbadoes, that is, if Lord

Willoughby's heated protests can be trusted.

Speaking of the general prohibitions on their trade, the governor

exclaimed, May 12, 1666, that he had "come to where itt pinches, and

if yor Maty gives not an ample & speedy redress, you have not onely

lost St. Christophers but you will lose the rest, I (aye) & famous

Barbadoes, too, I feare." In bitter terms he spoke of the poverty of

the island, protesting that anyone who had recommended the various

restraints on the colony's trade was "more a merchant than a good

subject." The restriction on the trade to Guinea, he declared, was one

of the things that had brought Barbadoes to its present condition; and

the favoritism displayed toward the Royal Company in carrying on the

Negro trade with the Spaniards had entirely deprived the colonial

government of an export duty on slaves.[21]

The decision of the company to issue licenses to private traders did

not allay the storm of criticism that continued to descend on the

company from Barbadoes. The new governor, as his brother had done,

urged a free trade to Guinea for Negroes, maintaining that slaves had

become so scarce and expensive that the poor planters would be forced

to go to foreign plantations for a livelihood.[22] He complained that

the Colletons, father and son, the latter of whom was one of the

company's factors, had helped to bring about this critical

condition.[23] On September 5, 1667, representatives of the whole

colony petitioned the king to throw open the Guinea trade or to force

the company to supply them with slaves at the prices promised in the

early declaration, although even those prices seemed like a canker of

usury to the much abused planters.[24]

Following these complaints Sir Paul Painter and others submitted a

petition to the House of Commons in which they asserted that an open

trade to Africa was much better than one carried on by a company. They

maintained that previous to the establishment of the Royal Adventurers

Negroes had been sold for twelve, fourteen and sixteen pounds per

head, or 1,600 to 1,800 pounds of sugar, whereas now the company was

selling the best slaves to the Spaniards at eighteen pounds per head,

while the planters paid as high as thirty pounds for those of inferior

grade. This, they declared, had so exasperated the planters that they

often refused to ship their sugar and other products to England in the

company's ships no matter what freight rates the factors offered.

In reply to the petition of Sir Paul Painter, Ellis Leighton, the

company's secretary, admitted that as a natural result of the

Anglo-Dutch war the price of slaves like all other products in

Barbadoes, had increased considerably. He denied that this increase

could be attributed to the sale of Negroes to the Spaniards since the

company had not disposed of more than 1,200 slaves to them. He

contended that the company had been thrown into a critical financial

condition, partly as the result of the losses incurred from DeRuyter

in Africa, but mostly by the constantly increasing debts which the

planters owed to the company. Notwithstanding these difficulties

Secretary Leighton maintained that since the formation of the company

Barbadoes had been supplied more adequately with slaves than at any

previous time. As for the planters' having refused to ship their goods

on the company's ships, he declared that this was nothing more than

they had consistently done since the formation of the company.[25]

In answer to the planters' representation of September 5, 1667, Sir

Ellis Leighton admitted that if Barbadoes alone was being considered,

a free trade to Guinea was preferable to any other, but since the

trade of the whole nation had to be given first consideration the idea

was pernicious. He asserted that the company was willing to furnish

the planters with all the Negroes they desired at the rates already

published, seventeen pounds per head, provided security was given for

payment in money or sugar; that instead of a lack of Negroes in

Barbadoes there had been so large a number left on the hands of the

factors that many had died; and that if the planters were sincere in

their complaints they would be willing to agree with the company on a

definite number of slaves which they would take annually.[26]

Since the importance of the Royal Company was by this time definitely

on the wane Sir Paul Painter succeeded in presenting his petition

regarding affairs in Barbadoes to the House of Commons, in September,

1667. Although the Royal Company was ordered to produce its charter no

further action was taken. The planters were by no means discouraged

and again requested the Privy Council to consider the matter of

granting a free trade to Guinea.[27] Later the people of Barbadoes

once more represented to the king the inconceivable poverty caused by

the lack of free trade to Guinea and other places.[28] Some of the

Barbadoes assemblymen even suggested that all the merchants be

excluded from the island, and that an act be passed forbidding any one

to sue for a debt within four years.[29]

Finally, on May 12, 1669, in answer to the numerous complaints of

Barbadoes, the Privy Council informed the islanders that the king

would not infringe upon the charter granted to the African Company;

and that sufficient Negroes would be furnished to the planters at

reasonable prices providing the company was assured of payment.[30]

The company was pleased at the king's favorable decision and at once

represented to him its critical financial condition because the

planters refused to pay their just debts.[31] The complaint of the

company was considered in the Council September 28, 1669, at which

time an order was issued requiring that henceforth land as well as

chattel property in Barbadoes might be sold at public auction for the

satisfaction of debts. The governor was directed to see that this

order not only became a law in Barbadoes, but that after it had been

passed it was to be executed.[32]

Thus it became clear that the planters of Barbadoes could hope for no

relief from the king and, therefore, during the few remaining years in

which the company was in existence they made no other consistent

effort to convince the king of their point of view. On the other hand,

if the company expected the king's instructions to be of great

assistance it was sorely disappointed. On August 2, 1671, John Reid

reported that they had been unable to recover the company's debts,[33]

and further appeals to the king for relief were of no avail.[34]

It is difficult to ascertain whether Barbadoes was in as great need of

slaves as the planters often asserted. The records kept by the factors

in the island have nearly all disappeared. From an early ledger kept

by the Barbadoes factors it appears that from August 11, 1663, to

March 17, 1664, the usual time for the chief importation of the year,

3,075 Negroes were received by the company's factors. These slaves,

1,051 men, 1,018 women, 136 boys and 56 girls, were sold in return

partly for sugar and partly for money. Estimating 2,400 pounds of

sugar as equal to seventeen pounds it appears that the average price

for these Negroes was a little over sixteen pounds per head.[35] This

comparatively low price is to be accounted for by the fact that the

women and children are averaged with the men, who sold for a higher

price. These figures show therefore that the company's factors were

selling adult slaves at about seventeen pounds each, as the company

had publicly declared that it would do.

In 1667 the company asserted that it had furnished the plantations

with about 6,000 slaves each year. This statement is to be doubted

since the Anglo-Dutch war had practically disrupted the company's

entire trade on the African coast. On the other hand, there is reason

to think that the need for slaves in Barbadoes was not so pressing as

might be inferred from the statements of the planters.[36] They

naturally insisted on a large supply of slaves in order to keep the

prices as low as possible. There seems no doubt, however, that the

islanders were able to obtain more Negroes than they could pay for and

were therefore hopelessly in debt to the company. On July 9, 1668,

Governor Willoughby estimated the total population of Barbadoes at

60,000, of which 40,000 were slaves.[37] Indeed some merchants

declared that the slaves outnumbered the white men twenty to one.[38]

As compared to its trade with Barbadoes and Jamaica the company's

trade in slaves to the Leeward Islands was insignificant. The company

located at Nevis a factor who reported to the agents in Barbadoes[39]

and also at Antigua and Surinam where Governor Byam acted as

agent.[40] In Surinam, the lack of slaves was attributed to the

prominent men of Barbadoes who were supposed to be influential with

the Royal Company.[41] Later, during the Anglo-Dutch war, one of the

company's ships in attempting to go to Surinam with Negroes, was

captured by the Dutch.[42]

After the war the company seems to have neglected the islands

altogether. Upon one occasion the planters of Antigua pleaded

unsuccessfully to have Negroes furnished to them on credit.[43] At

another time they asserted that the company treated them much worse

than it did the planters of Barbadoes because the latter were able to

use their influence with the company to divert the supply of slaves to

Barbadoes. Their condition, they declared, seemed all the more bitter

when they considered the thriving trade in Negroes which the Dutch

carried on from the island of Curaçao.[44]

The history of the slave trade to Jamaica from 1660 to 1672 does not

present the varied number of problems which arose during the same time

in Barbadoes. Jamaica was as yet more sparsely settled than Barbadoes

and therefore unable to take as large a number of Negroes.

Nevertheless, even before 1660, there was a need for servants in

Jamaica,[45] and there, as in Barbadoes, the Dutch had furnished the

planters with Negroes. When a Dutch ship laden with 180 slaves

appeared at the island in June, 1661, Colonel d'Oyley, the governor,

who was desirous of making a personal profit out of the sales, was

strongly in favor of permitting the vessel to land its Negroes. The

Jamaica council, however, realized that the Navigation Act made the

Negro trade with the Dutch illegal, and therefore it refused to accede

to the governor's desire. This action so enraged the governor that on

his own responsibility he purchased the whole cargo of slaves, some of

which he sold to a Quaker in the island, while the others he disposed

of at considerable profit to a Spaniard.[46] Again, in February, 1662,

d'Oyley bought a number of Negroes from another Dutchman. When one of

the king's ships attempted to seize the Dutch vessel for infringing

the Navigation Act, the governor even contrived to get it safely away

from the island.[47]

When Colonel Modyford became governor of Jamaica in 1664, he was

instructed to do all that he possibly could to encourage the trade

which the Royal Company was endeavoring to set on foot in the West

Indies.[48] In the instructions mention was also made of Modyford's

previous interest in managing the affairs of the Royal Company in

Barbadoes for which company, it was said, he undoubtedly retained

great affection. Shortly thereafter he issued a proclamation

promising extensive freedom of commerce except in the Negro trade

which was in the hands of the Royal Company.[49]

Although Modyford's proclamation indicated a continued interest in the

company's trade, he gave his first consideration to the welfare of the

colony. This appears from a list of the island's needs which he

submitted to the king, May 10, 1664, in which he asked among other

things that the Royal Company be obliged to furnish annually whatever

Negroes were necessary, and that the poorer planters be accorded easy

terms in paying for them. Furthermore he requested that indentured

servants be sent from England and that the island might have freedom

of trade except in Negroes.[50] His desires for a free trade were

denied, but the Privy Council agreed to consult with the Royal Company

and to recommend that it be obliged to furnish Jamaica with a

sufficient supply of Negroes.[51]

There is no evidence that the Privy Council called the company's

attention to Modyford's request, nor is there any indication that it

endeavored to send very many Negroes to Jamaica. Modyford attended to

a plantation which the company had bought in Jamaica[52] and he sold a

few slaves to the Spaniards,[53] but all the company's affairs in the

aggregate really amounted to little in that island. There was a

continual call for a greater supply of Negroes than the company

sent.[54] Two ledgers used by the factors show that 690 Negroes were

sold in 1666 and in the following year,[55] 170. Although this number

was inadequate to meet the colony's needs, it is doubtful whether the

company sent any slaves to Jamaica after 1667.

Under these circumstances Modyford lost interest in the company's

affairs and therefore it resolved, April 6, 1669, to dispense with his

services. Modyford had received a pension of three hundred pounds per

year up to Michaelmas, 1666, but after that time the company's

financial condition no longer warranted this expense. The company does

not seem to have been displeased with Modyford because it requested

that he use his good offices as governor to assist it in every

possible way. At the same time the services of the other factor, Mr.

Molesworth, were discontinued and he was requested to send an

inventory of the company's affairs.[56]

Modyford thus free from his connection with the company probably

represented the desires of the Jamaica people in a more unbiased

manner. On September 20, 1670, he enumerated a number of needs of the

island and asked Secretary Arlington that licenses to trade to Africa

for Negroes be granted free of charge or at least at more moderate

rates. For this privilege he declared that security could be given

that the slaves would be carried only to Jamaica. The Royal Company

itself could not complain when it realized how much this freedom of

trade would mean toward the prosperity of Jamaica, and thus ultimately

to the entire kingdom.[57] Modyford admitted that the Anglo-Dutch war

had been a great hindrance to Jamaica's prosperity but that the lack

of Negroes since 1665 had been a much greater obstruction.[58]

The more insistent demands which Governor Modyford made in 1670 for

freedom of trade to Africa show that the company's failure to send

Negroes to Jamaica after 1667 was beginning to be resented. Although

there had been a constant demand for Negroes in Jamaica there was up

to 1670 less need for slaves there than in Barbadoes. At least the

demands made by the planters of Jamaica were not so frequent and so

insistent as they were in Barbadoes. To a certain extent the planters

of Jamaica may have been deterred from representing the lack of labor

supply while Governor Modyford was one of the company's factors.

Modyford had been very much interested in the company's trade,

especially with the Spanish colonies. As soon as it became clear,

however, that the losses incurred in the Anglo-Dutch war, would make

it impossible for the company to continue the slave trade to the West

Indies, Modyford undoubtedly voiced a genuine demand on the part of

the planters for more slaves. By the year 1670 the island was better

developed than it had been ten years before and the need for slaves

was beginning to be acute.[59]

About the first of March, 1662, two Spaniards made their appearance at

Barbadoes to make overtures for a supply of slaves, which they

intended to transport to Peru. If they received encouragement, the

Spaniards asserted that they would come every fortnight with large

supplies of bullion to pay for the slaves which they exported. Sir

Thomas Modyford, the company's factor and the speaker of the Barbadoes

assembly, was enthusiastic about this proposition and pointed out that

the trade with the Spanish colonies would increase the king's revenue

and at the same time would deprive the Dutch of a lucrative trade.[60]

Since they were well treated on their first visit to Barbadoes the

Spaniards returned in April, 1662, at which time they bought four

hundred Negroes for which they paid from 125 to 140 pieces of

eight.[61] When the Spaniards came to export their Negroes, however,

they found that Governor Willoughby had levied a duty of eleven pieces

of eight on each Negro. The assembly under Modyford's leadership at

once declared the imposition of such a tax illegal. This resolution

was carried to the council where, against the opposition of the

governor, it was also passed. Governor Willoughby, nevertheless, had

the temerity to collect the tax on some of the Negroes then in port,

and a little later when one of the ships of the Royal Adventurers sold

its Negroes to the Spaniards, he again enforced the payment of the

export tax.[62] Notwithstanding the governor's actions, Modyford

despatched one of his own ships with slaves to Cartagena where it

arrived safely and was well treated by the Spaniards.[63] Modyford was

now more than ever convinced of the possibilities of the trade with

the Spanish colonies, but believing that it could not be conducted

successfully by private individuals, he recommended that it be settled

on the Royal Company.[64]

When the Royal Company learned that the trade in Negroes to the

Spanish colonies offered many possibilities it was very much

interested. A petition was immediately submitted to the king

requesting that, if the Spaniards were allowed to come to Barbadoes

for slaves, the whole trade be conferred on the Royal Company. The

company declared that the planters in the colonies had no reason to

object to this arrangement because they had not engaged in this trade,

and moreover an opportunity was being offered to them to become

members of the company.[65]

The Privy Council was favorable to the company's proposition, and on

March 13, 1663, the king instructed Lord Willoughby to permit the

Spaniards to trade at Barbadoes for slaves notwithstanding any letters

of marque that had been issued against them, or any provisions of the

Navigation Act. He declared that the Spaniards were to be allowed to

import into Barbadoes only the products of their own colonies, and

were not to be permitted to carry away the produce of the English

colonies. The effect of this provision was that in addition to slaves

the Spaniards might obtain any products imported into Barbadoes from

England.[66] The king settled the question of duties on slaves by

ordering that ten pieces of eight on each Negro should be paid by all

persons who exported slaves from Barbadoes or Jamaica to the Spanish

colonies, except the agents of the Royal Company. The company was to

pay no export duties on Negroes especially when the Spaniards had made

previous contracts for them in England.[67]

Probably on account of the export duty on slaves which Willoughby had

levied in 1662, the Spaniards were not anxious to return to Barbadoes.

The company's factors therefore sent one of their ships with slaves to

Terra Firma in order to convince the Spaniards that their desire for a

Negro trade was genuine. On this occasion Lord Willoughby and the

council of the island exacted £320 in customs from the factors. When

the company heard of this procedure it immediately asked the king to

enforce the order allowing it to export Negroes free of duty.[68]

Thereupon the king ordered Willoughby to make immediate restitution of

the £320 and to give the company's factors as much encouragement as

possible.[69] Willoughby finally obeyed in a sullen manner. On May 20,

1665 he declared that the company had finally monopolized the Spanish

trade for Negroes and that, because the king refused to permit an

export duty to be levied on them, there was no revenue from that

source.[70] The king's concessions to the Royal Company were of little

avail, however, because the Anglo-Dutch war effectually stopped most

of the company's trade in Negroes including that from Barbadoes to the

Spanish colonies.

In considering the trade in slaves from Jamaica to the Spanish

colonies it is well to keep in mind that this island lay far to the

west of all other English possessions in the West Indies. It was

located in the very midst of the Spanish possessions from which it had

been wrested in 1655 by the expedition of Sir William Penn and Admiral

Venables. The people of the island realized their isolation and

occasionally attempted to break down the decrees of the Spanish

government, which forbade its colonies to have any intercourse with

foreigners. Although the English government began a somewhat similar

policy with respect to its colonies in the Navigation Act of 1660, it

was generally agreed that some exception should be made for the island

of Jamaica in connection with the Spanish trade.

When Lord Windsor became governor of Jamaica in 1662 he was instructed

to endeavor to secure a free commerce with the Spanish colonies. If

the governors of the Spanish colonies refused to grant this trade

voluntarily, Lord Windsor and the council of the island were given

permission to compel the Spanish authorities to acquiesce by the use

of force or any other means at their disposal.[71] Accordingly a

letter embodying this request was written to the governors of Porto

Rico and Santo Domingo, but unfavorable replies were received. In

accordance with the king's instructions the Jamaica council determined

to obtain a trade by force.[72] This was done by issuing letters of

marque to privateers for the purpose of preying upon Spanish

ships.[73]

In the following year, 1663, as has already been mentioned, Charles II

commanded the governors of Barbadoes and Jamaica to permit the

Spaniards to buy goods and Negroes in their respective islands, and to

refrain from charging duties on these Negroes in case they were

reexported by the agents of the Royal Adventurers.[74] This was

followed by a royal order of April 29, 1663, commanding the governor

to stop all hostile measures against the Spaniards. Sir Charles

Lyttleton, the deputy governor, replied that he hoped the attempt to

begin a trade with the Spaniards would be successful, especially in

Negroes, which the Spaniards could not obtain more easily than in

Jamaica.[75]

When Sir Charles Modyford became governor of Jamaica in 1664, the king

repeated his desire to promote trade and correspondence with the

Spanish plantations. Indeed Modyford's previous success in selling

Negroes to the Spaniards probably influenced his appointment to this

office. As soon as Modyford reached Jamaica he wrote a letter to the

governor of Santo Domingo informing him that the king had ordered a

cessation of hostilities and desired a peaceful commerce with the

Spanish colonies.[76] Modyford instructed the two commissioners by

whom the letter was sent to emphasize the trade in Negroes and to

induce the Spaniards, if possible, to negotiate with him in regard to

this matter.[77] Again the answer of the governor of Santo Domingo was

unfavorable. He pointed out that it was not within his power to order

a commerce with Jamaica, but that this was the province of the

government in Spain. The governor, moreover, complained that the

people of Jamaica had acted in the same hostile manner toward the

Spaniards since the Restoration as they had in Cromwell's time, and

therefore his people were little inclined to begin a trade with

Jamaica.

The refusal of the Spanish governor to consider Modyford's proposition

seemed all the more bitter since it was well known at that time that

the Spaniards were obtaining many Negroes from the Dutch West India

Company. The Genoese also had a contract with the Spaniards to deliver

24,500 Negroes in seven years nearly all of whom they expected to

obtain from the Dutch at that "cursed little barren island" of

Curaçao, as Sir Thomas Lynch called it. Lynch also observed that if

the Royal Company desired to participate in the Spanish trade it would

either have to sell to the Genoese or drive the Dutch out of Africa,

because he did not believe it was possible to call in the privateers

without the assistance of several men-of-war.[78] Just how much weight

should be attached to this opinion is doubtful since Lynch was

probably so much interested in continuing privateering against the

Spaniards, that he cared little how much this would interfere with the

company's attempt to develop the Negro trade.

Lynch's opinion was not shared by the king, who had heard that the

privateers were continuing their hostilities against the Spaniards. He

therefore informed Modyford that he could not adequately express his

dissatisfaction at the daily complaints made by the Spaniards about

the violence of ships said to belong to Jamaica. Modyford was strictly

commanded to secure and punish any such offenders.[79] The governor

issued a proclamation in accordance with the king's instructions,[80]

and also notified the governor of Havana that offenders against

Spanish commerce would hereafter be punished as pirates.[81]

After the Anglo-Dutch war began the company imported very few Negroes

to Jamaica for the Spanish trade or for any other purpose. The king's

stringent orders regarding privateers were gradually allowed to go

unnoticed. Modyford again began to issue letters of marque, a

procedure which naturally destroyed all possibility of commerce

between the Spanish colonies and the Royal Company.

At the time the desultory trade in Negroes was being started with the

Spaniards at Barbadoes, Richard White, of Spain, came to England as an

agent for two Spaniards, Domingo Grillo and Ambrosio Lomoline.[82]

These two men had been granted the assiento in Spain, that is, the

privilege of furnishing the Spanish colonies with Negro slaves. In

order to wrest some of this trade from the Dutch West India Company

the Royal Company entered into a contract with White, in the year

1663, to furnish the Spanish assientists with 3,500 Negroes per year

for a definite number of years. According to this contract the slaves

were to be delivered to the vessels of the assientists in Barbadoes

and Jamaica; one of the company's factors was to be placed on board

such ships; and the necessary safe conducts were to be procured for

their voyage to and from the port of Cadiz.[83] Sir Ellis Leighton,

secretary of the Royal Adventurers, obtained permission for Grillo's

agents to reside in Jamaica and Barbadoes.[84] Sir Martin Noell, one

of the most important West Indian merchants, as well as a prominent

member of the African Company, seems to have been intrusted with the

collection of the money due on this contract.[85]

Not long after this agreement was made the possibility of a war with

the Dutch began to appear. The company considered ways by which Grillo

might be induced to mitigate the contract.[86] Complications

concerning the security to be given arose, and Grillo complained that

the required number of Negroes was not being furnished to him. Under

the circumstances this was almost impossible because the outbreak of

the Anglo-Dutch war made it very difficult to obtain slaves.

Nevertheless, on May 26, 1665, the company resolved to procure as many

Negroes as possible to fill the contract, providing Grillo made prompt

payments.[87]

As may be surmised no great number of slaves was exported from

Barbadoes or Jamaica on this contract. Only one ship arrived at

Barbadoes from Cadiz desiring to secure one thousand slaves, but the

company's factors could obtain only eight hundred. Lord Willoughby

carefully reported that he had complied with his Majesty's command not

to exact any export duty for these slaves.[88] In Jamaica fewer

Negroes are known to have been sold on this contract to Spanish ships

which came from Cartagena.[89] There may have been other instances of

sales not recorded, but it is certain that the war interfered to such

an extent that the number of Negroes sold to Grillo fell far short of

what the contract called for. In order to keep the agreement intact

the company resolved, March 23, 1666, to lay the situation before the

king, and to ask him to permit Grillo's agents to buy sufficient

Negroes in the plantations to make up the required number, and that no

export duties be charged on them.[90] The king complied with the

company's request, and the desired orders were sent to the governors

of Jamaica and Barbadoes.[91] Some trouble had arisen in Jamaica,

however, between Grillo's agents and Governor Modyford. Since the

company believed that Grillo's agents were primarily to blame for

this, it resolved in the future to deliver Negroes only at Barbadoes

in return for ready money.[92]

This was virtually the end of the contract. In 1667 the company spoke

of the agreement as having been broken by the Grillos, and that it was

under no further obligation to carry out its terms. Altogether, it

declared, that no more than 1,200 Negroes had been delivered to

Grillo's agents.[93] Thus this project which the company at first

asserted would bring into the English kingdom 86,000 pounds of Spanish

silver per year[94] ended in this insignificant fashion.

Although the Grillo contract and the other attempts to begin a slave

trade with the Spanish colonies had proved much less successful than

the Company of Royal Adventurers had hoped, a great deal had been

accomplished toward bringing to light the fundamental difficulties of

this trade. In the first place not much could be accomplished in the

way of developing this trade so long as the Spanish government

maintained its attitude of uncompromising hostility toward all

foreigners notwithstanding the fact that the Spanish colonists would

gladly have welcomed the slave traders. Furthermore, although the

English government had signified its willingness to disregard the

restrictions of the Navigation Acts in this instance, the hostile

attitude assumed by the planters toward the trade in slaves to the

Spanish colonies also had to be taken into consideration. Whenever the

planters were able to do so they endeavored to prevent the exportation

to the Spanish colonies of slaves which they maintained were very much

needed on their own plantations.

This opposition to the trade in Negroes to the Spanish colonies was

only one of the several ways in which the colonists manifested their

hostility toward the mercantile element in general and the Company of

Royal Adventurers in particular. Freedom of trade with all the world

seemed very desirable to the planters who regarded the restrictions of

the Navigation Acts as gross favoritism and partiality to the rising

mercantile class. The monopoly of supplying the colonies with slaves,

conferred upon the Company of Royal Adventurers, was most cordially

hated on account of the great degree of dependence placed upon slave

labor in the plantations. As a result of this conflict of interests

the planters early resorted to numerous devices such as the laws for

the protection of debtors, to embarrass the company in the exercise of

its monopoly. Since the company had received its exclusive privileges

by a charter from the crown the English planters in the West Indies

soon found that their trouble with the Company of Royal Adventurers

brought them also into direct conflict with the king. In this way the

planters enjoyed the distinction of being among the first to begin the

opposition which later, in the Great Revolution, resulted in the

overthrow of James II and the royal prerogative.

GEORGE F. ZOOK.

FOOTNOTES:

[1] These were people of the rougher and even criminal classes of the

parent country who, in return for their ocean passage, agreed to work

for some planter during a specified number of years, usually seven.

[2] C. S. P., Col., 1674-1675, Addenda, p. 86, articles agreed on by

Lord Willoughby and Sir George Ayscue and others, January 11, 1652.

[3] C. S. P., Col., 1661-1668, p. 14, petitions of merchants and

planters, March 1, 1661.

[4] C. S. P., Col., 1661-1668, pp. 29, 30, 45, 46, 47, petitions from

Barbadoes, May 11, July 10, 12, 1661.

[5] _Ibid._, p. 117, minutes of the council and assembly of Barbadoes,

December 18, 1662.

[6] The pieces of eight were to be accepted at four shillings each,

and 2,400 pounds of muscovado sugar were to be accepted in exchange

for a slave.

[7] Answer of the Company of Royal Adventurers of England ... to the

Petition ... exhibited ... by Sir Paul Painter, His Royal Highness

(the duke of York) and others to Lord Willoughby, January 10, 1662/3.

[8] C. O. 1: 18, ff. 85, 86, Modyford and Colleton to the Royal

Adventurers, March 20, 1664.

[9] A. C. R., 75: 13, 14, J5.

[10] _Ibid._, 75: 20.

[11] On January 2, 1665, the company estimated the entire debt which

was owing to it in all the plantations at £49,895. S. P., Dom.,

Charles II, 110, f. 18, petition of the Royal Adventurers to the king.

[12] P. C. R., Charles II, 4: 177, 190-192, August 3, 24, 1664.

[13] C. O. 1: 19, ff. 234-238, proceedings of the court of admiralty

in Barbadoes, June 17, 24, 1665.

[14] _Ibid._, f. 232, petition of the Royal Adventurers to Arlington,

September 14, 1665.

[15] P. C. R., Charles II, 5: 402, Privy Council to Willoughby, April

6, 1666.

[16] C. O. 1: 20, f. 209, Willoughby to Privy Council, July 16, 1666.

[17] _Ibid._, f. 335, petition of the Royal Adventurers to the king,

December 7, 1666.

[18] P. C. R., Charles II, 6: 231, December 7, 1666.

[19] _Ibid._, 7: 162, 163, Privy Council to Willoughby, January 31,

1668.

[20] C. O. 1: 22, f. 191, Willoughby to Privy Council, May 30, 1668.

[21] _Ibid._, 20, f. 149, Willoughby to the king, May 32, 1666.

[22] _Ibid._, 21, f. 170, Willoughby to the king, July, 1667.

[23] C. O. 1: 21, f. 222, Willoughby to Williamson, September 17,

1667.

[24] _Ibid._, f. 209, petition of the representatives of Barbadoes to

the king, September 5, 1667. This document and Willoughby's letter of

September 17, 1667, also urge very strongly that the bars of the

Navigation Acts be let down in order to permit servants to be imported

from Scotland.

[25] The petition and these answers are printed in a pamphlet

entitled, "Answer of the Company of Royal Adventurers of England

trading into Africa, to the Petition and Paper of certain Heads and

Particulars thereunto relating exhibited to the Honourable House of

Commons by Sir Paul Painter." As to the assertion that the planters

refused to ship their products in the company's ships there seems to

be no very good evidence on either side. Sometimes the company's

vessels were sent home from Barbadoes empty. Upon such occasions the

agents always said that there were no goods with which to load them.

[26] C. O. 1: 22, f. 42, answer of Sir Ellis Leighton, secretary of

the Royal Adventurers, to the petition from Barbadoes of September 5,

1667; C. O. 1: 22, f. 43, proposal of the Royal Adventurers concerning

the sale of Negroes in Barbadoes, January, 1668

[27] C. O. 1: 22, f. 204, address of the merchants and planters of

Barbadoes now in London, read at the committee of trade, June 16,

1668.

[28] _Ibid._, 23, f. 69, address of the representative of Barbadoes to

the king, August 3, 1668.

[29] _Ibid._, f. 42, account of affairs in Barbadoes by Lord

Willoughby, July 22, 1668.

[30] P. C. R., Charles II, 8: 294, May 12, 1669.

[31] _Ibid._, 8: 402, August 27, 1669.

[32] _Ibid._, 8: 424, September 28, 1669.

[33] C. O. 1: 27, f. 24, John Reid to Arlington, August 2, 1671.

[34] A. C. R., 75: 106, 108, 109, September 11, November 10, 1671.

[35] These numbers and prices are gleaned from page three of the

Barbadoes ledger. A. C. R., 646.

[36] Answer of the Company of Royal Adventurers ... to the Petition

... exhibited ... by Sir Paul Painter.

[37] C. O. 29: 1, f. 116, Willoughby to the Lords of the Council, July

9, 1668.

[38] _Ibid._, 1: 25, f. 62, memorial of some principal merchants

trading to the plantations, 1670.

[39] _Ibid._, 18, f. 86, Modyford and Colleton to (the Royal

Adventurers); C. O. 1: 20, f. 168, Michael Smith to Richard Chaundler,

June 11, 1666.

[40] _Ibid._, 22, f. 89, Willoughby to Arlington, March 2, 1668.

[41] _Ibid._, 17, f. 219, Renatus Enys to Bennet, November 1, 1663.

[42] _Ibid._, 29: 1, f. 116, Willoughby to the Lords of the Council,

July 9, 1668.

[43] _Ibid._, 1: 22, f. 53, proposals of the inhabitants of Antigua to

Governor Willoughby, January 31, 1668.

[44] C. S. P., Col. 1669-1674, p, 204, William Byam to Willoughby,

1670?; C. O. 1: 25, f. 138, Byam to Willoughby, n. d.

[45] C. S. P., Col., 1675-1676, Addenda, p. 125, Cornelius Burough to

the Admiralty Commissioners, November 28, 1658.

[46] _Ibid._, 1661-1668, p. 36, narrative of the buying of a shipload

of Negroes, June 14, 1661.

[47] C. O. 1: 16, f. 77, Captain Richard Whiting to the officers of

his Majesty's navy, March 10, 1662; C. O. 1: 17, f. 236, petition of

Colonel Godfrey Ashbey and others to the king, 1663.

[48] _Ibid._, 18, f. 58, instructions to Colonel Modyford, governor of

Jamaica, February 18, 1664.

[49] C. O. 1: 18, f. 81, declaration of Sir Thomas Modyford, March 2,

1664.

[50] _Ibid._, f. 135, Modyford to Bennet, May 10, 1664.

[51] _Ibid._, f. 208, report of the Privy Council on Jamaica affairs,

August 10, 1664.

[52] A. C. R., 75: 89.

[53] Add. MSS., 12,430, f. 31, Beeston, Journal, February 1, 1664/5.

[54] C. O. 1: 19, f. 31, Lynch to Bennet, February 12, 1665; _ibid._,

f. 189, John Style to (Bennet), July 24, 1665.

[55] A. C. R., 869, entries from January 1, 1665/6 to December 31,

1666; _ibid._, 870: 62.

[56] A. C. R., 75: 14, 89.

[57] C. O. 1: 25, f. 127, Modyford to Arlington, (September 20, 1670).

[58] C. S. P., Col., 1669-1674, p. 107, additional propositions made

to the Privy Council about Jamaica by Charles Modyford by order of Sir

Thomas Modyford, (September 28, 1670).

[59] C. O. 1: 14, f. 56, proposal by Lord Marlborough, 1663.

[60] _Ibid._, 17, f. 28, Thomas Modyford? to his brother, March 30,

1662.

[61] _Ibid._, f. 29, Thomas Modyford? to his brother, April 30, 1662.

[62] C. O. 1: 17, ff. 29, 30, Thomas Modyford to his brother, May 26,

1662.

[63] _Ibid._, f. 32, Thomas Modyford to his brother, September 3, 13,

1662.

[64] _Ibid._, f 32, Thomas Modyford to his brother, September 13,

1662.

[65] _Ibid._, f. 20, petition of the Royal Adventurers to the king,

January, 1663.

[66] C. O. 1: 17, f. 136, instructions to Lord Willoughby, June 16,

1663.

[67] _Ibid._, f. 227 (the king to the governors of Barbadoes and

Jamaica). March 30, 1663. That there was some trouble in deciding just

what provisions to make regarding the Spanish trade appears from

several unsigned and undated letters to Willoughby with conflicting

provisions, but they nearly all mention the exception made in favor of

the Royal Company in the letter of March 13, 1663. C. O. 1: 17, f. 22;

C. O. 1: 17, ff. 24, 25; C. O. 1: 17, ff. 26, 27; P. C. R., Charles

II, 3: 336-338.

[68] C. O. 1: 17, ff. 225, 226, petition of the Royal Adventurers to

the king, November, 1663.

[69] Willoughby made a restitution of the £320 in March, 1664. C. O.

1: 18, f. 86, Modyford and Colleton to (the Royal Adventurers), March

31, 1664.

[70] C. O. 1: 19, f. 124, Willoughby to the king, May 20, 1665.

[71] C. O. 1: 16, f. 112, additional instructions to Lord Windsor,

governor of Jamaica, April 8, 1662.

[72] C. S. P., Col., 1661-1668, p. 106, minutes of the council of

Jamaica, August 20, 1662.

[73] A full description of privateering by the English against the

Spaniards from the year 1660 to 1670 may be found in an article by

Miss Violet Barbour in the American Historical Review, XVI: 529-566.

[74] C. S. P., Col., 1661-1668, p. 125 (the king to the governors of

Barbadoes and Jamaica), March 13, 1663.

[75] C. O. 1: 17, f. 199, Sir Charles Lyttleton, deputy governor, to

Bennet, October 15, 1663.

[76] _Ibid._, 18, f. 137, Modyford to the governor of Santo Domingo,

April 30, 1664.

[77] _Ibid._, f. 139, Modyford's instructions to Colonel Cary and

Captain Perrott, May 2, 1664.

[78] C. O. 1: 18, ff. 152, 153, Lieutenant Colonel Thomas Lynch to

Bennet. May 25, 1664.

[79] C. S. P., Col., 1661-1668, p. 215, the king to Modyford, June 15,

1664.

[80] _Ibid._, p. 220, proclamation by Sir Thomas Modyford, governor of

Jamaica, June 15, 1664.

[81] _Ibid._, p. 228, minutes of the council of Jamaica, August 19-22,

1664.

[82] C. S. P., Dom., 1663-1664, p. 168, Richard White to Captain Weld,

June 11, 1663.

[83] As this contract cannot be discovered it is difficult to say just

when it was made or what were its conditions. Georges Scelle in his

book, La Traité Nègriere aux Indes de Castille, 1: 524, gives the date

of this contract as February 28, 1663, and says it was for 35,000

Negroes which were to be delivered at the rate of 5,000 per year. This

may be true, but on the other hand the company distinctly declares in

one place that the contract was for the annual delivery of 3,500

Negroes per year. C. O. 1: 19, ff. 7, 8, brief narrative of the trade

and present condition of the Royal Adventurers, 1664/5.

[84] C. O. 1: 17, f. 189, memorial of Sir Ellis Leighton to the duke

of York, 1663.

[85] _Ibid._, ff. 244, 247; A. C. R., 75: 48.

[86] A. C. R., 75: 15, August 5, 1664.

[87] _Ibid._, 75: 34, May 26, 1665.

[88] C. O. 1: 18, f. 165, Willoughby to the king, June 17, 1664.

[89] Add. MSS., 12,430, f. 31, Beeston, Journal, April 8, 1665.

[90] A. C. R., 75: 43, March 23, 1665/6.

[91] P. C. R., Charles II, 5: 396, March 30, 1666.

[92] A. C. R., 75: 46; Add. MSS., 12,430, f. 31, Beeston, Journal,

February 7, 1664/5.

[93] Answer of the Company of Royal Adventurers ... to the Petition

... exhibited ... by Sir Paul Painter.

[94] C. O. 1: 19, ff. 7, 8, brief narrative of the trade and present

condition of the Royal Adventurers, 1664/5.

BOOK REVIEWS

_Below the James. A Plantation Sketch._ By WILLIAM CABELL BRUCE. The

Neale Publishing Company, New York, 1918. Pp. 157.

This book is, as its title imports, a plantation sketch dealing with

that sort of life in Virginia just after the Civil War. While it is a

mere story and hardly a dramatic one, it throws light on the Negro as

a constituent part of the southern society of that day. As a student

at Harvard before the War a southerner comes into contact with a

fellow student from Massachusetts, to whom he becomes bound by such

strong ties that the four years of bloody conflict between the

sections are not sufficient to sever this connection. Some years after

this upheaval friend thinks of friend and soon the northerner finds

himself on his way to visit the southern friend.

Coming to the South at the time when the Negroes as a new class in

their different situation were endeavoring to readjust themselves

under difficult circumstances, the observations of the traveler are of

much value to the historian. He not only saw much to admire in the

colonial seats of prominent southerners like Patrick Henry and John

Randolph, but showed an appreciation of the simple life of the

Negroes. Their new position as freemen taking a part in the

government, the rôle of the carpetbagger, and the undesirable

conditions of that régime play some part in the story.

As to the Negroes themselves, however, the most interesting

revelations are those dealing with the inner life of the blacks. In

the language used to impersonate the blacks the reader sees a

philosophy of life; in their mode of living appears the virtue of a

noble peasantry; and in their worship of divinity there is the

striving of a righteous people willing to labor and to wait. In this

respect the book is valuable. We have known too little of the

plantation, too little of the life of the Negro before the Civil War,

too little of how he during the Reconstruction developed into

something above and beyond the hewer of wood and drawer of water.

While not primarily historical then and falling far short of being an

historical novel, this book is unconsciously informing and therefore

interesting and valuable to the student of Negro life and history.

* * * * *

_The Emancipated and Freed in American Sculpture. A Study in

Interpretation._ By FREEMAN HENRY MORRIS MURRAY. Murray Brothers,

incorporated, Washington, D. C., 1916. Pp. 228.

This work is to some extent a compilation of matter which on former

occasions have been used by the author in lectures and addresses

bearing on the Negroes in art. There is in it, however, much that is

new, for even in this formerly used material the author has

incorporated additional facts and more extensive comment. This work is

not given out as the last word. It is one of a series to appear under

the caption of the "Black Folk in Art" or an effort to set forth the

contributions of the blacks to art in ancient and modern times. This

work itself is, as the author calls it, "A Study in Interpretation."

His purpose, he says, is to indicate as well as he can, what he thinks

are the criteria for the formation of judgment in these matters. Yet

his interpretation is to be different from technical criticism, as his

effort is primarily directed toward intention, meaning and effect.

This thought is the keynote to the comments on the various sculptures

illustrated in the work. While one may not agree with the author in

his arrangement and may differ from his interpretation, it must be

admitted that the book contains interesting information and is a bold

step in the right direction. It is a portraiture of freedom as a

motive for artistic expression and an effort to symbolize this desire

for liberation to animate the citizenry in making. It brings to light

numerous facts as to how the thought of the Negro has been dominant in

the minds of certain artists and how in the course of time race

prejudice has caused the pendulum to swing the other way in the

interest of those who would forget what the blacks have thought and

felt and done.

The many illustrations constitute the chief value of the work. There

appears _The Greek Slave_ by Hiram Powers, _Freedom_ on the dome of

the Capitol, _The Libyan Sibyl_ by W. W. Story, _The Freedman_ by J.

I. A. Ward, _The Freedwoman_ by Edmonia Lewis, _Emancipation_ in

Washington by Thomas Ball, _Emancipation_ in Edinburgh, Scotland, by

George E. Bissell, _Emancipation_ panel on the Military Monument in

Cleveland by Levi T. Scofield, _Emancipation_ by Meta Warrick Fuller,

_The Beecher Monument_ in Brooklyn by J. I. A. Ward, _Africa_ by

Randolph Rogers, _Africa_ by Daniel C. French, _The Harriet Tubman

Tablet, The Frederick Douglass Monument_ in Rochester, _The Attucks

Monument_ in Boston by Robert Kraus, _The Faithful Slaves Monument_ in

Fort Mill, South Carolina, _l'Africane_ by E. Caroni, _l'Abolizione_

by R. Vincenzo, _Ethiopia_ and _Toussaint L'Ouverture_ by Anne

Whitney, _The Slave Auction_, _The Fugitive's Story_, _Taking the Oath

and Drawing Rations_, _The Wounded Scout_, and _Uncle Ned's School_ by

John Rogers, _The Slave Memorial_ by Augustus Saint-Gaudens, and _The

Death of Major Montgomery_.

* * * * *

_The Question Before Congress. A consideration of the Debates and

final action by Congress upon various Phases of the Race Question in

the United States._ By GEORGE W. MITCHELL. The A. M. E. Book Concern,

Philadelphia, 1918. Pp. 237.

This book contains little which has not been extensively treated in

various other works of standard authors. It goes over the ground

covered in books easily accessible in most local libraries. Yet there

is in it something which the historian does not find in these other

works. It is this same drama of history as it appears to an

intelligent man of color well read in the history of this country

although lacking the attitude of a scientific investigator. Whether he

has written an accurate book is of little value here. These facts are

already known. He has enabled the public to know the Negro's reaction

on these things and that in itself is a contribution to history.

As to exactly what the author has treated little needs to be said. He

begins with the slavery question in the Federal Convention of 1787

which framed the Constitution of the United States. Then comes the

treatment of the slave trade, the debate on the Missouri Compromise,

the exclusion of abolition literature from the mails, the attack on

the right of petition, the exodus of antislavery men from the South,

the murder of Lovejoy, the coming of Giddings to Congress, the Wilmot

Proviso, the formation of the Free Soil party, antislavery men in

Congress, the effort to abolish slavery in the District of Columbia,

the slavery question in California, the Fugitive Slave Act, the Kansas

Nebraska trouble, the organization of the Republican Party, the Dred

Scott Decision, John Brown's Raid and the election of Abraham Lincoln.

Then follows a discussion of facts still more familiar. The author

takes up the upheaval of the Civil War and the difficulty with which

the Negroes effected a readjustment because of the large number of

refugees. He next discusses the rôle of the Negro in politics during

the Reconstruction period, the outrages which followed and the failure

of the carpetbagger régime. The remaining portion of the book is

devoted to the treatment of the Negroes in freedom and the problem of

social justice. In fact, almost every phase of Negro political history

from the formation of the Union to the present time has been treated

by the author.

* * * * *

_Negro Population: 1790-1915._ By JOHN CUMMINGS, Ph.D., Expert Special

Agent, Bureau of Census. Washington, Government Printing Office, 1918.

Pp. 844.

This volume is unique in that never before in the history of the

Bureau of the Census has it devoted a whole volume to statistics

bearing on the Negro. This work, moreover, is more important than the

average census report in that it covers a period of 125 years. The

compiler has used not only previously published documents but various

unpublished schedules, tables and manuscripts which give this work a

decidedly historical value. Never before has the public been given so

many new figures concerning the development and progress of the

Negroes in this country. It is a cause of much satisfaction then that

these facts are available so that many questions which have hitherto

been puzzling because of the lack of such statistics may now be easily

cleared up.

What the work comprehends is interesting. It is a statistical account

of the "growth of the Negro population from decade to decade; its

geographical distribution at each decennial enumeration; its migratory

drift westward in the early decades of the last century, when Negroes

and whites were moving forward into the East and West South Central

States as cultivators of virgin soil; its drift northward and

cityward, and in more recent decades southward out of the "black

belt," in response to the universal gravity pull of complex economic

and social forces; its widespread dispersion on the one hand, and on

the other its segregation with reference to the white population; its

sex and age composition and marital condition; its fertility, as

indicated by the proportion of children to women of child-bearing age

in different periods--again, under social conditions varying from the

irresponsible relations of slavery to the more exacting institutions

of freedom; its intermixture with other races, as shown by the

increase in the proportion mulatto; its annual mortality in the

registration area; its educational progress since emancipation, in so

far as it can be measured by elementary schooling and by increasing

literacy; its criminality, dependency, and physical and mental

defectiveness--those characteristics of individual degeneracy which

Negroes manifest in common with other racial classes in all civilized

communities; finally, its economic progress, as indicated by

increasing ownership of homes, by entrance into skilled trades and

professions, and primarily and fundamentally by the rapid development

of Negro agriculture."

Although this report goes as far back as 1790 most of the facts herein

assembled bear on the life of the Negro since emancipation. This is

not due, however, to the tendency to neglect the early period, but to

the fact that earlier in our history statistics concerning Negroes

were not considered valuable. It is only recently that public

officials have directed attention to the importance of keeping these

records and in many parts of the South certain statistics regarding

Negroes are not yet considered worth while. The United States

Government, however, as this volume indicates, has taken this matter

seriously and from such volumes as this the public will expect more

valuable information.

NOTES

To increase our circulation and the membership of the Association the

management has employed as Field Agent Mr. J. E. Ormes, formerly

connected with the business department of Wilberforce University. Mr.

Ormes will appoint agents to sell books and solicit subscriptions to

the JOURNAL OF NEGRO HISTORY. He will also organize clubs for the

study of Negro life and history.

Any five persons desiring to prosecute studies in this field

intensively may organize a club and upon the payment of two dollars

each will be entitled not only to receive free of further charge the

JOURNAL OF NEGRO HISTORY, but may call on the Director for such

instruction as can be given by mail. Members will be supplied with a

quarterly outline study of the current numbers of the JOURNAL OF NEGRO

HISTORY and with a topical outline of the contents of the back

numbers.

Clubs will be left free to work out their own organization and plans.

The management, however, follows the plan of a group working under the

simplest restrictions. There should be elected a president, a

secretary, a treasurer, and an instructor. The last named official

should be the most intelligent and the best informed member of the

group.

* * * * *

E. Payen's _Belgique et Congo_ and P. Daye's _Les Conquetes

Africaniques des Belge_ have been published by Berger-Levrault in

Paris.

The Cornhill Publishing Company has brought out _Twenty-five Years in

the Black Belt_ by W. J. Edwards.

P. A. Means has published through Marshall Jones _Racial Factors in a

Democracy_.

The following significant articles have appeared in recent numbers of

periodicals: _The Worth of an African_, by R. Keable in the July

number of the International Review of Missions; _How Germany treats

the Natives_ by Evans Lewis and M. Montgomery-Campbell; _Germany and

Africa_ by Ethel Jollie in the June number of the United Empire;

_International Interference in African Affairs_ by Sir. H. H. Johnson

in the April number of the Journal of Comparative Legislation and

International Law; _The Native Question in British East Africa_ in the

April number of the Contemporary Review; and _The Christian Occupation

of Africa_ in the Proceedings of the African Conference.

THE JOURNAL OF NEGRO HISTORY

VOL. IV--JULY, 1919--NO. 3

THE EMPLOYMENT OF NEGROES AS SOLDIERS IN THE CONFEDERATE ARMY

The problem of arming the slaves was of far greater concern to the

South, than to the North. It was fraught with momentous consequences

to both sections, but pregnant with an influence, subtle yet powerful,

which would affect directly the ultimate future of the Confederate

Government. The very existence of the Confederacy depended upon the

ability of the South to control the slave population. At the outbreak

of the Civil War great fear as to servile insurrection was aroused in

the South and more restrictive measures were enacted.[1]

Most of the Negro population was living in the area under rebellion,

and in many cases the slaves outnumbered the whites. To arm these

slaves would mean the lighting of a torch which, in the burning, might

spread a flame throughout the slave kingdom. If the Negro in the midst

of oppression had been in possession of the facts regarding the war,

whether the slaves would have remained consciously faithful would have

been a perplexing question.[2]

The South had been aware of its imminent danger and with its

traditional methods strove to prevent the arming of the Negroes. With

the memories of Negro insurrections ever fresh in the public mind,

quite a change of front would be required to bring the South to view

with favor such a radical measure. The South, however, was not alone

in its unwillingness to employ Negroes as soldiers. For the first two

years of the war, the North represented by President Lincoln and

Congress refused to consider the same proposal. In the face of

stubborn opposition loyal Negroes had been admitted into the Engineer

and Quartermaster Departments of the Union armies, but their

employment as soldiers under arms was discountenanced during the first

years of the war.

In the North this discrimination caused much discontent among the

Negroes but those living in the States in rebellion did not understand

the issues in the war, and of necessity could not understand until the

Union forces had invaded the hostile sections and spread the

information which had gradually developed the point of view that the

war was for the extermination of the institution of slavery. It may be

recalled that during the opening days of the war, slaves captured by

the Union forces were returned to their disloyal masters. Here there

is sufficient evidence in the concrete that slavery was not the avowed

cause of the conflict.[3] If there was this uncertain notion of the

cause of the war among northern sympathizers, how much more befogged

must have been the minds of the southern slaves in the hands of men

who imagined that they were fighting for the same principles involved

in our earlier struggle with Great Britain! To the majority of the

Negroes, as to all the South, the invading armies of the Union seemed

to be ruthlessly attacking independent States, invading the beloved

homeland and trampling upon all that these men held dear[4].

The loyalty of the slave while the master was away with the fighting

forces of the Confederacy has been the making of many orators of an

earlier day, echoes of which we often hear in the present[5]. The

Negroes were not only loyal in remaining at home and doing their duty

but also in offering themselves for actual service in the Confederate

army. Believing their land invaded by hostile foes, they were more

than willing under the guidance of misguided southerners to offer

themselves for the service of actual warfare. So that during the early

days of the war, Negroes who volunteered were received into the

fighting forces by the rebelling States, and particularly during those

years in which the North was academically debating the advisability

of arming the Negro.[6]

In the first year of the war large numbers were received into the

service of the Confederate laboring units. In January, a dispatch from

Mr. Riordan at Charleston to Hon. Percy Walker at Mobile stated that

large numbers of Negroes from the plantations of Alabama were at work

on the redoubts. These were described as very substantially made,

strengthened by sand-bags and sheet-iron.[7] Negroes were employed in

building fortifications, as teamsters and helpers in army service

throughout the South.[8] In 1862, the Florida Legislature conferred

authority upon the Governor to impress slaves for military purposes,

if so authorized by the Confederate Government. The owners of the

slaves were to be compensated for this labor, and in turn they were to

furnish one good suit of clothes for each of the slaves impressed. The

wages were not to exceed twenty-five dollars a month.[9] The

Confederate Congress provided by law in February, 1864, for the

impressment of 20,000 slaves for menial service in the Confederate

army.[10] President Davis was so satisfied with their labor that he

suggested, in his annual message, November, 1864, that this number

should be increased to 40,000[11] with the promise of emancipation at

the end of their service.

Before the outbreak of the war and the beginning of actual

hostilities, the local authorities throughout the South had permitted

the enrollment for military service of organizations formed of free

Negroes, although no action had been taken or suggested by the

Confederate Government. It is said that some of these troops remained

in the service of the Confederacy during the period of the war, but

that they did not take part in any important engagements.[12] There

may be noted typical instances of the presence of Negroes in the State

Militia. In Louisiana, the Adjutant-General's Office of the Louisiana

Militia issued an order stating that "the Governor and the

Commander-in-Chief relying implicitly upon the loyalty of the free

colored population of the city and State, for the protection of their

homes, their property and for southern rights, from the pollution of a

ruthless invader, and believing that the military organization which

existed prior to February 15, 1862, and elicited praise and respect

for the patriotic motives which prompted it, should exist for and

during the war, calls upon them to maintain their organization and

hold themselves prepared for such orders as may be transmitted to

them."[13]

These "Native Guards" joined the Confederate forces but they did not

leave the city with these troops, when they retreated before General

Butler, commanding the invading Union army. When General Butler

learned of this organization after his arrival in New Orleans, he sent

for several of the most prominent colored men of the city and asked

why they had accepted service "under the Confederate Government which

was set up for the purpose of holding their brethren and kindred in

eternal slavery." The reply was that they dared not to refuse; that

they had hoped, by serving the Confederates, to advance nearer to

equality with the whites; and concluded by stating that they had

longed to throw the weight of their class with the Union forces and

with the cause in which their own dearest hopes were identified[14].

An observer in Charleston at the outbreak of the war noted the

preparation for war, and called particular attention to "the thousand

Negroes who, so far from inclining to insurrections, were grinning

from ear to ear at the prospect of shooting the Yankees[15]." In the

same city, one of the daily papers stated that on January 2, 150 free

colored men had gratuitously offered their services to hasten the work

of throwing up redoubts along the coast[16]. At Nashville, Tennessee,

April, 1861, a company of free Negroes offered their services to the

Confederate Government and at Memphis a recruiting office was

opened[17]. The Legislature of Tennessee authorized Governor Harris,

on June 28, 1861, to receive into the State military service all male

persons of color between the ages of fifteen and fifty. These soldiers

would receive eight dollars a month with clothing and rations. The

sheriff of each county was required to report the names of these

persons and in case the number of persons tendering their services was

not sufficient to meet the needs of the county, the sheriff was

empowered to impress as many persons as were needed[18]. In the same

State, a procession of several hundred colored men marching through

the streets attracted attention. They marched under the command of

Confederate officers and carried shovels, axes, and blankets. The

observer adds, "they were brimful of patriotism, shouting for Jeff

Davis and singing war songs."[19] A paper in Lynchburg, Virginia,

commenting on the enlistment of 70 free Negroes to fight for the

defense of the State, concluded with "three cheers for the patriotic

Negroes of Lynchburg."[20]

Two weeks after the firing on Fort Sumter, several companies of

volunteers of color passed through Augusta on their way to Virginia to

engage in actual war. Sixteen well-drilled companies of volunteers and

one Negro company from Nashville composed this group.[21] In November

of the same year, a military review was held in New Orleans.

Twenty-eight thousand troops passed before Governor Moore, General

Lowell and General Ruggles. The line of march covered over seven miles

in length. It is said that one regiment comprised 1,400 free colored

men.[22] _The Baltimore Traveler_ commenting on arming Negroes at

Richmond, said: "Contrabands who have recently come within the Federal

lines at Williamsport, report that all the able-bodied men in that

vicinity are being taken to Richmond, formed into regiments, and armed

for the defense of that city."[23]

During February, 1862, the Confederate Legislature of Virginia was

considering a bill to enroll all free Negroes in the State for service

with the Confederate forces.[24] The Legislatures of other States

seriously considered the measure. Military and civil leaders, the

Confederate Congress and its perplexed War Department debated among

themselves the relative value of employing the Negroes as soldiers.

Slowly the ranks of those at home were made to grow thin by the calls

to the front. In April, 1862, President Davis was authorized to call

out and place in service all white men between the ages of eighteen

and thirty-five; in September the ages were raised to include the

years of thirty-five and forty-five; and finally in February, 1864,

all male whites between the years of seventeen and fifty were made

liable to military service. The Negroes were liable for impressment in

the work of building fortifications, producing war materials, and the

like.[25]

The demand became so urgent for men that quite a controversy arose

over the advisability of employing the Negroes as soldiers. Some said

that the Negro belonged to an inferior race and, therefore, could not

be a good soldier; that the Negro could do menial work in the army,

but that fighting was the white man's task. Those who supported the

idea in its incipiency always urged the necessity of employing Negroes

in the army. A native Georgian supported the employment of these

troops in a letter to the Secretary of War, recommending freedom after

the war was over to those who fought, compensation to the owners and

the retention of the institution of slavery by continuing as slaves

"boys and women, and exempted or detailed men." The statement

concludes with "our country requires a quick and stringent remedy.

Don't stop for reforms."[26]

In November, 1864, Jefferson Davis in his message to the Confederate

Congress recognized that the time might come when slaves would be

needed in the Confederate army: "The subject," said he, "is to be

viewed by us, therefore, solely in the light of policy and our social

economy. When so regarded, I must dissent from those who advise a

general levy and arming of slaves for the duty of soldiers. Until our

white population shall prove insufficient for the armies we require

and can afford to keep the field, to employ as a soldier the Negro,

who has merely been trained to labor, and as a laborer under the white

man, accustomed from his youth to the use of firearms, would scarcely

be deemed wise or advantageous by any; and this is the question before

us. But should the alternative ever be presented of subjugation or of

the employment of the slave as a soldier, there seems no reason to

doubt what should be our decision."[27] In the same month, J. A.

Seddon, Secretary of War, refused permission to Major E. B. Briggs of

Columbus, Georgia, to raise a regiment of Negro troops, stating that

it was not probable that any such policy would be adopted by

Congress.[28]

In response to an inquiry from Seddon, the Secretary of War, as to the

advisability of arming slaves, General Howell Cobb presented the point

of view of one group of the Confederates, when he opposed the measure

to arm the Negroes. "I think," said he "that the proposition to make

soldiers of our slaves is the most pernicious idea that has been

suggested since the war began ... you cannot make soldiers of slaves

or slaves of soldiers. The moment you resort to Negro soldiers, your

white soldiers will be lost to you, and one secret of the favor with

which the proposition is received in portions of the army is the hope

when Negroes go into the army, they (the whites) will be permitted to

retire. It is simply a proposition to fight the balance of the war

with Negro troops. You can't keep white and black troops together and

you can't trust Negroes by themselves.... Use all the Negroes you can

get for all purposes for which you need them but don't arm them. The

day you make soldiers of them is the beginning of the end of the

revolution. If slaves make good soldiers, our whole theory of slavery

is wrong."[29] General Beauregard, Commander of the Department of

Georgia, South Carolina and Florida, wrote to a friend in July, 1863,

that the arming of the slaves would lead to the atrocious consequences

which have ever resulted from the employment of "a merciless servile

race as soldiers."[30] General Patton Anderson declared that the idea

of arming the slaves was a "monstrous proposition revolting to

southern sentiment, southern pride and southern honor."[31]

The opposite point of view was expressed by the group of southerners

led by General Pat Cleburne who in a petition presented to General

Joseph E. Johnson by several Confederate Officers wrote: "Will the

slaves fight?--the experience of this war has been so far, that

half-trained Negroes have fought as bravely as many half-trained

Yankees."[32] J. P. Benjamin, Secretary of State, urged that the slave

would be certainly made to fight against them, if southerners failed

to arm them for southern defense. He advocated also the emancipation

of those who would fight; if they should fight for southern freedom.

According to Benjamin, they were entitled to their own. In keeping

with the necessity of increasing the army, the editor of a popular

newspaper in Charleston, South Carolina, was besought to commence a

discussion on this point in his paper so that "the people might learn

the lesson which experience was sternly teaching."[33]

In a letter to President Davis, another argued that since the Negro

had been used from the outset of the war to defend the South by

raising provisions for the army, that the sword and musket be put in

his hands, and concluding the correspondent added: "I would not make a

soldier of the Negro if it could be helped, but we are reduced to this

last resort."[34] Sam Clayton of Georgia wrote: "The recruits should

come from our Negroes, nowhere else. We should away with pride of

opinion, away with false pride, and promptly take hold of all the

means God has placed within our reach to help us through this

struggle--a war for the right of self-government. Some people say that

Negroes will not fight. I say they will fight. They fought at Ocean

Pond (Olustee, Fla.), Honey Hill and other places. The enemy fights us

with Negroes, and they will do very well to fight the Yankees."[35]

The pressure to fill the depleted ranks of the Confederate forces

became greater as the war continued. It was noted above that Congress

and the State legislatures had called into service all able-bodied

whites between the ages of seventeen and fifty years; later the ages

were extended both ways to sixteen and sixty years. Grant remarked

that the Confederates had robbed "the cradle and the grave" in order

to fill the armies[36]. Jefferson Davis began to see the futility of a

hypothetical discussion as to the advisability or values in the use of

Negroes as soldiers and in a letter to John Forsythe, February, 1865,

stated "that all arguments as to the positive advantage or

disadvantage of employing them are beside the question, which is

simply one of relative advantage between having their fighting element

in our ranks or in those of the enemy."[37]

A strong recommendation for the use of Negroes as soldiers was sent to

Senator Andrew Hunter at Richmond by General Robert E. Lee, in

January, 1865. "I think, therefore," said he, "we must decide whether

slavery shall be extinguished by our enemies and the slaves be used

against us, or use them ourselves at the risk of the effects which may

be produced upon our social institutions. My own opinion is that we

should employ them without delay. I believe that with proper

regulations they may be made efficient soldiers. They possess the

physical qualifications in a marked degree. Long habits of obedience

and subordination coupled with the moral influence which in our

country the white man possesses over the black, furnish an excellent

foundation for that discipline which is the best guaranty of military

efficiency. Our chief aim should be to secure their fidelity. There

have been formidable armies composed of men having no interest in the

cause for which they fought beyond their pay or the hope of plunder.

But it is certain that the surest foundation upon which the fidelity

of an army can rest, especially in a service which imposes hardships

and privations, is the personal interest of the soldier in the issue

of the contest. Such an interest we can give our Negroes by giving

immediate freedom to all who enlist, and freedom at the end of the war

to the families of those who discharge their duties faithfully

(whether they survive or not), together with the privilege of residing

at the South. To this might be added a bounty for faithful

service."[38] This was an influential word, coming as it did from the

Commander-in-Chief of the Confederate forces. The Confederate Congress

did not act immediately upon this suggestion, but even if this had

been done, the measure would have been enacted too late to be of any

avail.[39]

The Confederate Senate refused on February 7, 1865, to pass a

resolution calling on the committee on military affairs to report a

bill to enroll Negro soldiers. Later in the same month the Senate

indefinitely postponed the measure.[40] As the House and Senate met in

secret session much of the debate can not be found. General Lee wrote

Representative Barksdale of Mississippi another letter in which the

employment of Negro soldiers was declared not only expedient but

necessary. He reiterated his opinion that they would make good

soldiers as had been shown in their employment in the Union

armies.[41] With recommendations from General Lee and Governor Smith

of Virginia, and with the approval of President Davis an act was

passed by the Congress, March 13, 1865, enrolling slaves in the

Confederate army.[42] Each State was to furnish a quota of the total

300,000.[43] The Preamble of the act reads as follows:

"An Act to increase the Military Force of the Confederate States: The

Congress of the Confederate States of America so enact, that, in order

to provide additional forces to repel invasion, maintain the rightful

possession of the Confederate States, secure their independence and

preserve their institution, the President be, and he is hereby

authorized to ask for and accept from the owners of slaves, the

services of such number of able-bodied Negro men as he may deem

expedient, for and during the war, to perform military service in

whatever capacity he may direct...." The language used in other

sections of the act seems to imply also that volunteering made one a

freedman.[44]

After the passage of the measure by the Confederate Congress, General

Lee coöperated in every way with the War Department in facilitating

the recruiting of Negro troops.[45] Recruiting officers were appointed

in each State. Lieutenant John L. Cowardin, Adjutant, 19th Batallion,

Virginia Artillery was ordered to proceed on April 1, 1865, to

recruiting Negro troops according to the act. On March 30, 1865,

Captain Edward Bostick was ordered to raise four companies in South

Carolina. Others were ordered to raise companies in Alabama, Florida,

and Virginia.[46] Lee and Johnson, however, surrendered before this

plan could be carried out. If the Confederate Congress could have

accepted the recommendation in the fall of 1864, the war might have

been prolonged a few months, to say the least, by the use of the Negro

troops. It was the opinion of President Davis, on learning of the

passage of the act, that not so much was accomplished as would have

been, if the act had been passed earlier so that during the winter the

slaves could have been drilled and made ready for the spring campaign

of 1865.

Under the guidance of the local authorities, thousands of Negroes were

enlisted in the State Militias and in the Confederate Army. They

served with satisfaction, but there is no evidence that they took part

in any important battles. The Confederate Government at first could

not bring itself to acknowledge the right or the ability of the man

who had been a slave to serve with the white man as a soldier.

Necessity forced the acceptance of the Negro as a soldier. In spite of

the long years of controversy with its arguments of racial

inferiority,[47] out of the muddle of fact and fancy came the

deliberate decision to employ Negro troops. This act, in itself, as a

historical fact, refuted the former theories of southern statesmen.

The Negro was thus a factor in both the Union and Confederate armies

in the War of the Rebellion. These facts lead to the conclusion that

the Negro is an American not only because he lives in America, but

because his life is closely connected with every important movement in

American history.

CHARLES H. WESLEY.

FOOTNOTES:

[1] Davis, _The Civil War and Reconstruction in Florida_, p. 220.

[2] For summary of such, legislation to prevent this, see J.C. Kurd,

_The Law of Freedom and Bondage in the United States_, Vol. II. In

Florida, 1827, a law was enacted to prevent trading with Negroes. In

1828, death was declared the penalty for inciting insurrection among

the slaves and in 1840 there was passed an act prohibiting the use of

firearms by Negroes. In Virginia as early as 1748 there was enacted a

measure declaring that even the free Negroes and Indians enlisted in

the militia should appear without arms; but in 1806 the law was

modified to provide that free Negroes should not carry arms without

first obtaining a license from the county or corporation court. One

who was caught with firearms in spite of this act was to forfeit the

weapon to the informer and receive thirty-nine lashes at the

whipping-post. Hening, _Statutes-at-Large_, Vol. V, p. 17; Vol. XVI,

p. 274.

[3] General W. S. Harney, commanding in Missouri, responded to the

claims of slaveholders for the return of runaway slaves with the

words: "Already, since the commencement of these unhappy disturbances,

slaves have escaped from their owners and have sought refuge in the

camps of the United States troops from the Northern States, and

commanded by a Northern General. They were carefully sent back to

their owners." General D. C. Buell, commanding in Tennessee, in reply

to the same demands stated: "Several applications have been made to me

by persons whose servants have been found in our camps; and in every

instance that I know of, the master has removed his servant and taken

him away." William Wells Brown, _The Negro in the Rebellion_, pp.

57-58.

[4] Secretary Seddon, War Department, wrote: "They [the Negroes] have,

besides, the homes they value, the families they love, and the masters

they respect and depend on to defend and protect against the savagery

and devastation of the enemy."--_Official Rebellion Records_, Series

IV, Vol. Ill, pp. 761-762.

[5] Governor Walker of Florida, himself a former slaveholder, said

before the State legislature in 1865 that "the world had never seen

such a body of slaves, for not only in peace but in war they had been

faithful to us. During much of the time of the late unhappy

difficulties, Florida had a greater number of men in her army than

constituted her entire voting population. This, of course, stripped

many districts of their arms-bearing inhabitants and left our females

and infant children almost exclusively to the protection of our

slaves. They proved true to their trust. Not one instance of insult,

outrage, or indignity has ever come to my knowledge. They remained at

home and made provisions for the army." John Wallace, _Carpet-Bag Rule

in Florida_, p. 23.

[6] "For more than two years, Negroes had been extensively employed in

belligerent operations by the Confederacy. They had been embodied and

drilled as rebel soldiers and had paraded with white troops at a time

when this would not have been tolerated in the armies of the

Union."--Greely, _The American Conflict_, Vol. II, p. 524.

"It was a notorious fact that the enemy were using Negroes to build

fortifications, drive teams and raise food for the army. Black hands

piled up the sand-bags and raised the batteries which drove Anderson

out of Sumter. At Montgomery, the Capital of the Confederacy, Negroes

were being drilled and armed for military duty."--W. W. Brown, _The

Negro in the Rebellion_, p. 59.

[7] _Ibid._, Vol. II, p. 521.

[8] Jones, _A Rebel War Clerk's Diary_, Vol. I, p. 237; Schwab, _The

Confederate States of America_, p. 194.

[9] _Laws of Florida, 12th Session, 1862_, Chap. 1378.

[10] _Confederate War Department, Bureau of Conscription_, Circular

No. 36, December 12, 1864. _Off. Reds. Reb._, Series IV, Vol. III, p.

933.

[11] _Off. Reds. Reb._, Series IV, Vol. Ill, p. 780. Journals of

Congress, IV, 260.

[12] Washington, _The Story of the Negro_, Vol. II, p. 321.

[13] _Order No. 426. Adjutant-General's Office, Headquarters Louisiana

Militia, March 24, 1862._ _Cf._ Brown, _The Negro in the Rebellion_,

pp. 84-85.

[14] Parton, _History of the Administration of the Gulf_, 1862-1864;

_General Butler in New Orleans_, p. 517.

[15] Greely, _The American Conflict_, p. 521.

[16] _The Charleston Mercury_, January 3, 1861.

[17] The announcement of the recruiting read: "Attention, volunteers:

Resolved by the Committee of Safety that C. Deloach, D. R. Cook and

William B. Greenlaw be authorized to organize a volunteer company

composed of our patriotic free men of color, of the city of Memphis,

for the service of our common defense. All who have not enrolled their

names will call at the office of W. B. Greenlaw & Co." F. W. Forsythe,

Secretary. F. Titus, President. Williams, _History of the Negro_, Vol.

II, p. 277.

[18] Greely, _The American Conflict_, Vol. II, p. 521.

[19] _Memphis Avalanche_, September 3, 1861.

[20] Greely, _The American Conflict_, Vol. II, p. 522.

[21] _Ibid._, p. 277.

[22] _Ibid._, Vol. II, p. 522.

[23] _The Baltimore Traveler_, February 4, 1862.

[24] Greely, _The American Conflict_, Vol. II, p. 522.

[25] Schwab, _The Confederate States of America_, p. 193. Moore,

_Rebellion Records_, Vol. VII, p. 210. Jones, _Diary_, Vol. I, p. 381.

[26] An indorsement from the Secretary of War reads: "If all white men

capable of bearing arms are put in the field, it would be as large a

draft as a community could continuously sustain, and whites are better

soldiers than Negroes. For war, when existence is staked, the best

material should be used."--_Off. Reds. Rebell._, Series IV, Vol. III,

pp. 693-694.

[27] _Off. Reds. Rebell._, Series IV, Vol. III, p. 799.

[28] _Ibid._, Series IV, Vol. III, p. 846. J. A. Seddon to Maj. E. B.

Briggs, Nov. 24, 1864.

[29] _Ibid._, Series IV, Vol. III, p. 1009.

[30] _Off. Reds. Rebell._, Series I, Vol. XXVIII, Pt. 2, p. 13.

[31] _Ibid._, Series I, Vol. LII, Pt. 2, p. 598.

[32] Davis, _Civil War and Reconstruction in Florida_, p. 226.

[33] _Off. Reds. Rebell._, Series IV, Vol. III, pp. 959-960.

[34] _Ibid._, p. 227.

[35] _Off. Reds. Rebell._, Series IV, Vol. III, pp. 1010-1011.

[36] Rhodes, _History of the United States since the Compromise of

1850_, Vol. IV, p. 525.

[37] _Off. Reds. Rebell._, Series IV, Vol. VIII, p. 1110.

[38] _Off. Reds. Rebell._, Series IV, Vol. VIII, p. 1013.

[39] Williams, _Negro Troops in the War of the Rebellion_, Journals of

Congress, Vol. IV, pp. 572-573.

In the _American Historical Review_, January, 1913, N.W. Stephenson

has an article upon "The Question of Arming the Slaves." The article

is concerned particularly with the debate in the Confederate Congress

upon this perplexing question and with the psychology of the

statements made by President Davis, Secretary Benjamin, General Lee

and by various Congressmen. The author has searched the Journals of

the Confederate Congress, newspaper files and personal recollections

and gives conclusions which show that "the subject was discussed

during the last winter of the Confederate regime," and by inference

the dissertation shows that the fear of the consequences of arming the

slaves was alike in the minds of all southern people. The treatise is

a study in historical psychology; and, as in similar works by men of

the type of the author, the point of view of the South and of the

Confederacy is presented and the Negro and his actual employment as a

soldier is neglected. The author contends that a few southern leaders

attempted to force the arming of the blacks upon an unwilling southern

public. He neglects the evidence contained in the action of local

authorities in arming the Negroes who were free and their attitude

concerning those who were slaves. He neglects also the sentiment of

southern leaders who favored the measure. The Journals of the

Confederate Congress, therefore, will be more valuable to those

desiring information concerning the debates on this question.

[40] _Journal of Congress of Confederate States_, Vol. IV, p. 528 and

Vol. VII, p. 595; Jones, _Diary_, Vol. II, p. 431.

[41] _Richmond Dispatch_, February 24, 1865; Jones _Diary_, Vol. II,

p. 432.

[42] _Journal of Congress of Confederate States_, Vol. VII, p. 748.

[43] _Richmond Examiner_, December 9, 1864--Gov. Smith's Message.

Jones, _Diary_, Vol. II, p. 43; pp. 432-433. Schwab, _The Confederate

States of America_, p. 194.

[44] _Off. Reds. Rebell., Series_ IV, Vol. III, p. 1161.

_Ibid._, Series III, Vol. V, pp. 711-712; Davis, _Confederate

Government_, Vol. II, p. 660.

[45] Rhodes, _History of U. S._, Vol. V, 1864-1865, p. 81.

[46] _Off. Reds. Rebell._, Series IV, Vol. III, pp. 1193-1194 and

Appendix.

[47] _Cf. Southern Correspondence throughout the Rebellion Records._

THE LEGAL STATUS OF FREE NEGROES AND SLAVES IN TENNESSEE

In 1790, the free colored population of Tennessee was 361, while the

slave numbered 3,417.[1] In 1787, three years previous, Davidson

County, which then, as now, comprised the most important and thickly

settled part of the Cumberland Valley, had a population of 105 Negroes

between the ages of 1 and 60.[2] Nashville was just a rough community

in the wilderness with a few settlers from the older districts of the

East, living in several hewed and framed log-houses and twenty or more

rough cabins. The census of 1790 gives Davidson County 677 Negroes, a

figure which compared with the 3,778 Negroes in the entire State at

that enumeration, means that this frontier region had already grown

important enough to draw to it nearly one-fifth of the Negro

population of the commonwealth. In 1800, there were in the State

13,893 Negroes, of whom 3,104, or nearly one fourth, were in Davidson

County. Thereafter, although the ratio between the county and State

did not increase in favor of the county, still it kept up so that by

1850 Davidson had the largest Negro population of any county in the

State. During the decade 1850-60 Shelby County, containing the

important center, Memphis, gained the ascendency in number of Negro

inhabitants, which it has since that time maintained. The likely cause

of this shifting was the steady growth of cotton-raising districts and

their rapid expansion toward the West and South. A general

intimidation of the Negroes of Nashville and vicinity occurred in

1856, probably having some influence on the decline of population for

that period in question. This cause, however, is not sufficient to

explain the constant superiority of numbers in the Southwestern

Tennessee region thereafter.

As slavery expanded from this small territory into all parts of the

State, the attitude of the people of the Commonwealth with respect to

the nation and slavery at various times may be shown. After Tennessee

had been ceded to the United States in 1790 by North Carolina, she had

a most unusual method of throwing off her territorial government for

nearly three months in 1796, and existed in absolute independence for

that period before being admitted into statehood by the Federal

Government.[3] Nevertheless in the period of the Civil War this State

was the last to secede and the first to comply with the terms of

readmission. With respect to slavery the early attitude of Tennessee

toward the national government was peculiar. The cession act of North

Carolina provided: "That no regulation made or to be made by Congress

shall tend to emancipate slaves."[4] Probably because of this fact

Lincoln did not mention Tennessee in the Emancipation Proclamation.

Yet Tennessee did have a strong anti-slavery sentiment, beginning with

the outspoken protest of some of the King's Mountain heroes, also

expressing itself in the work of many petitioners to the State

legislature in the period 1800-1820. Then in 1834, in the State

constitutional convention of that year, the anti-slavery feeling

developed to proportions little appreciable at the present day, since

we know the general opposition to such feeling and sentiment. Any

antagonism to a so strongly fixed social convention then meant unusual

courage in the midst of a majority of persons of adverse opinion.

The burning question of human rights for the black inhabitants of the

State still became more ardent as the years passed, and the signs of

its greater intensity were clearly seen in the Anti-Slavery Convention

which met in London in 1843. The chronicle of proceedings contains a

speech of Joshua Leavitt of Boston, who made the interesting

statement that "The people of East Tennessee, a race of hardy

mountaineers, find their interests so little regarded by the dominant

slave-holders of other parts of the state that they are taking

measures to become a separate state. They are holding anti-slavery

meetings, and meetings of political associations with great freedom,

discussing their questions, rousing up the people and showing how

slavery curses them, in order to bring them to the point of

action."[5] At this time it was well known that both Tennessee and

Kentucky were "exporting slaves largely."[6]

In 1820, Elihu Embree,[7] at Jonesboro, Tennessee, the county seat of

Washington County, in the far eastern section, began to publish _The

Emancipator_, an abolition journal. Later, there came from this same

county a man who easily became the leader of anti-slavery sentiment in

the Constitutional Convention of 1834 at Nashville, Matthew

Stephenson. It may have been that as a young man Stephenson was fired

with the zeal of Embree. The period of Embree's activity was also one

of large interest in the North and South in behalf of emancipation. In

this same year the Missouri Compromise was passed in the national

legislature. The concessions made both by pro-slavery and anti-slavery

adherents at this time show the relative strength of the two forces

and the remarkable fact is that there could be such near-equality of

fighting strength on both sides.[8] Tennessee seems to have had an

epitome of this national situation within her borders. Not only the

zealous work of Embree indicates this, but the general feeling of the

people of eastern Tennessee toward slavery. It is interesting here to

point out that _The Emancipator_ was the first abolition journal in

the United States.[9]

The outcome of this anti-slavery feeling in Tennessee was that when

the State Constitutional Convention met at Nashville in 1834 to

consider important changes in the Constitution of 1796, there was such

an outburst of sentiment against slavery that it was only with

considerable resistance of the pro-slavery convention delegates that

the State did not abolish it by providing for the gradual emancipation

of slaves over a period of twenty years, when all should have been

emancipated.[10] So significant is the public opinion of that time in

Tennessee history, and so well calculated to give large insight into

the Negro's condition then in the State, that it will hardly be amiss

in this paper to enter into a somewhat detailed discussion of the work

of the convention, and the sentiments there displayed.

The legal enactments of the slave code of Tennessee prior to 1834 will

give us the right perspective here. One of the earliest enactments of

the commonwealth was the absolute denial to slaves of the right to own

property. Property held by them, such as horses, cattle, or anything

of personal value was to be sold and one half of the proceeds given to

the informer, the other half to the county.[11] Another law forbade

the slave to go about armed unless he was the huntsman of the

plantation. Small penalties were provided.[12] Still another made it

unlawful for slaves to sell "any article whatever without permission

from owner or overseer." The penalty for breaking this law was a

maximum of "39 lashes on his, her, or their bare backs."[13] Many

other matters were rigidly prescribed in the early statutes, chiefly

concerning the slave's right to go or not to go from place to place,

and to conduct himself under certain circumstances. Among slaves

perjury was punished by mutilation and whipping. The brutality of the

former was all the more disgusting because defended by law.[14] The

slaying of a black or mulatto slave, however, was actually deemed

murder and made punishable with death. It has not yet been

ascertained, as far as the writer knows, whether any white citizen of

Tennessee was ever indicted under the provision of this law. We do

have a case of a famous old slave-holder in a community not far from

Nashville being tied to his gate post and severely whipped by his

neighbors, because of his brutal murder of one of his slaves.[15]

In the early laws the "hiring of one's own time," for a slave, was

expressly forbidden. This practice was that of the master's allowing a

slave to purchase his time for a certain amount of money, usually paid

per annum. The law forbidding it was later rather generally evaded,

although we cannot be sure of the evasion during the years 1796-1834.

But during the later decades of the period under discussion,

especially from 1840-60, there is absolute agreement among the

testimonies of ex-slaves that evasion was the rule and not the

exception. Various forms of this law were later enacted, but the

penalties were usually light, and it may have been this fact together

with the case of evasion that caused the disregard of it to become

general. An ex-slave of Wilson County explains that the usual method

of evasion was the declaration of the employer of the slave that he

had hired the slave from the slave's master. Sometimes the owner would

pretend to keep the wages of the slave, but really was holding them at

the slave's disposal. In this way numbers of slaves bought themselves.

There were other laws affecting masters in regard to their treatment

of their slaves and privileges of the latter. One provided that if the

slave should steal food or clothing because ill-fed or destitute of

apparel, the master should pay for the stolen property.[16] By the

provisions of another, slaves were allowed to give testimony in trials

of other slaves; the jurors, however, had to be "housekeepers" and

"owners of slaves."[17] The beating or abuse of a slave without

sufficient cause (no indication given as to what were the limits of

"sufficient cause") was an indictable offence, and the person

committing a crime of this sort was liable to the same penalties as

for the commission of a similar offense on the body of a white

person.[18]

Various laws of the early codes, 1813, 1819, 1829, restricting the

slave from selling or vending articles under conditions apart from

desire or knowledge of his owner are all evidence of his complete

subjection by law to the will of his master, even in the smallest

things and affairs of personal life, and disposal of belongings. Great

care was taken to state specifically in these early laws that there

should be no sale of liquor or any intoxicant to slaves.[19]

The provisions concerning larger questions of a slave's activity and

privilege are all interesting, and it will be of value to regard,

first of all, that for bringing slaves into the State. Slaves were not

to be brought into Tennessee unless for use, or procured by descent,

devise, or marriage.[20] This enactment was made in 1826, and prepared

the way for far more severe measures later. The idea of all

legislation of this nature argues clearly the discouragement of

slavery as a prevailing institution, by means of preventing fresh

importations for sale. Tennessee was not to be, if it could be

prevented, a slave market, like Mississippi.

A citizen holding slaves might petition the county court and

emancipate a slave. Bond and security were required of the owner, and

the slave thus set at liberty became free to go where he chose

provided that, if he became a pauper, he should be brought to the

county in which he had been set free, and there taken care of at

public expense.[21] But occasionally there would arise a situation

which required special enactment of the legislature as in the

instance of one, Pompey Daniels, a slave, who died before the

emancipation of his two children, Jeremiah and Julius, whom he had

purchased. This required a special act of the legislature, as there

seems to have been no law covering such a case.[22] Years before, in

1801, there was enacted a law, giving power of emancipation to the

owner, as we have just seen before, but not to any slave who might

essay to deliver another from bondage.[23]

Once free, the Negro's status was rather precarious in some respects.

He was required to have papers filled out by the clerk of the county

in which he lived, specifying personal details and information

intended to identify the person thoroughly. He must without fail have

these emancipation records with him at any time and place in order to

prove his freedom. In 1831 a law was passed which made it obligatory

for the slave to leave upon his emancipation, and persons intending to

emancipate their slaves were then compelled to give bond for their

speedy removal.[24] Another clause of the same law stipulates that

free Negroes should not be allowed to enter the State.[25] Fine and

imprisonment were specified as penalties for remaining in the State as

long as twenty days. This was a reaction from the provisions of State

laws of 1825 when free colored persons immigrating into the State

might have papers of freedom registered there, when proof of their

absolute freedom had been made. Before the enactment of 1831, the

increase of free Negroes was not so actively discouraged by the State,

and many having their residence there, the laws concerning this class

were quite as important and nearly as well detailed as the provisions

of the slave code.

Among the early laws is one exacting a penalty of $500 fine for

selling a "free person of color."[26] A free person imported and sold

as a slave under the law might recover double the price of his sale

from the seller, who might be held until he should give bond.[27] This

marks a high degree of feeling of justice toward the freeman, and yet

it is worthy of notice that this was not always adequate to obtaining

actual justice. Record is given of three young colored men, seamen and

free, "carried to Mobile and New Orleans in the steamer _New Castle_

and taken ashore by the captain to the city prison on pretext of

getting hemp for the vessel, but really taken by the captain to the

city prison as his slaves and sold by the jailor to three persons who

carried them into Tennessee."[28] It is further stated that these

unfortunates remained in slavery. One, however, was freed by the

diligent work of the Friends, who had agents in the South busy

gathering information concerning slavery, and planning means of

combating it.

The free person of color was exempted from military duty and from the

payment of a poll-tax. In accordance with an amendment to the Public

Works act of 1804, he was expected to give service on public roads and

highways just as other citizens.[29] It is doubtful whether any

freeman of color voted under the constitution of 1796, but it seems to

have been possible. The new constitution of 1834 restricted the right

of voting to "free men who should be competent witnesses against a

white man in a court of justice." In the courts free Negroes were

legal witnesses in certain cases among their own people, but might

themselves be testified against by slaves, even, if the defendants

were only freedmen.[30] Otherwise slaves were not allowed to be

witnesses against free men of color. Writs of error were granted to

both freemen and slaves.

There were numerous small observances regarding the personal conduct

of freemen. Life was at best for them a strange and circumscribed

affair. They were "neither bond nor free," and probably suffered more

from the provisions of the law and their ambiguous position than did

their slave brothers. The freeman was not to entertain any slave over

night in his home, or on the Sabbath. A small fine was the

penalty.[31] Intermarriage of free persons and slaves without consent

of the master of the slave was strictly forbidden. Breach of this law,

also, was punishable by fine. There were penalties for whites and free

Negroes alike for being in "unlawful assembly" with slaves. The word

"unlawful" here seems to have had a special judicial meaning,

signifying primarily for the purpose of instigating rebellion or

insurrection. A law providing for voluntary enslavement of a free

person of color, to any person whom he might choose, introduces a most

interesting situation which probably indicates that there were more

than a few free Negroes who preferred slavery to the condition of a

creature living in a sort of limbo between freedom and bondage.

By an act of the legislature in 1819, encouragement was given to

European immigrants to come into the State, with the idea that they

would become home builders and land-tillers, and make good citizens.

The colored population already had a general reputation for thrift,

but the sentiment of racial sympathy in the white population just then

favored more the immigrant. For a period the tide of public opinion

was on this side, and it was considered best for the Negro to be taken

in charge by the Tennessee Colonization Society. The State

appropriated $10 for every black man removed from the State, an

expense finally sanctioned by a law of 1833.[32]

Two years prior to the year of the Tennessee Constitutional Convention

of 1834, Virginia in her State Legislature, had witnessed an exciting

scene of debate on the question of slavery. In the District of

Columbia, also, there was sent to Congress in the session of 1827-28 a

petition requesting the "prospective abolition" of slavery in that

district, and the repeal of certain laws authorizing the sale of

runaways. Similarly in Tennessee the outbreak of antislavery

sentiment, long fostered in the eastern part of the State, came into

the Convention of 1834. The few details presented here concerning the

convention show conclusively that there was a strong, even violent

opposition to human slavery in the State. Certain representatives of

counties from East Tennessee were conspicuous for their protest

against the system, and maintained their convictions despite the

failure to win their point at that time.

Many memorialists in the State had addressed the legislature on the

question of emancipation both pro and con prior to the convention, and

finally, in the convention, on June 18, Wm. Blount of Montgomery

County, Northern Tennessee, offered a memorial that on the subject of

slavery the General Assembly should have no power or authority to pass

laws for the emancipation of slaves without the consent of their

owners or without paying their owners.[33] The memorial further prayed

that, the legislature should not discourage the foreign immigration

into the State and that certain laws providing for the owners of

slaves to emancipate them should be made with the restriction that

beforehand such manumitted persons should be assuredly prevented from

becoming a charge to any county.

There were presented other memorials respecting the slave population

at this time. Hess, of Gibson and Dyer counties, wanted no

emancipation of slaves except by individual disposition of their

masters as the latter saw fit, or at least never unless the price of

the slave was paid, provided the master did not freely give

manumission, and the good of the State seemed to demand the liberation

of the slave. But memorials of a different sentiment also were coming

in. On May 26, McNeal presented a memorial of sundry citizens of

McMinn County, asking for the emancipation of slaves in Tennessee, and

on the same date, Senter of Rhea County also brought a petition from

"sundry citizens" of his district asking for emancipation.[34] On the

28th, a memorial was given by Stephenson of Washington County from

citizens unhesitatingly favoring emancipation. It was read and tabled.

On May 30, Stephenson introduced a resolution to have a committee of

thirteen, one from each congressional district "appointed to take in

consideration the propriety of designating some period from which

slavery shall not be tolerated in this state, and that all memorials

on that subject that have or may be presented to the convention be

referred to said committee to consider and report thereon."[35] This

resolution passed without trouble.

Stephenson was conspicuous for adherence to emancipation principles.

It will be observed that he came from Washington County, in the far

eastern portion of the State, the region already famous for its

declaration of enmity toward slavery within Tennessee borders

especially. An article in the _Knoxville Register_ of the year 1831,

just a few years prior to this Nashville Convention, denounces slavery

in no uncertain terms, but also grows bitter at the thought of free

men of color even remaining in the State. "Shall Tennessee" it asks,

"be made the receptacle of the vicious and desperate slave as well as

the depraved and corrupting free man of color?"[36]

But while a great number of those of East Tennessee probably wanted

the abolition of slavery in order to rid the State of all people of

color, there were those who through their delegates expressed their

opinions otherwise in this convention, as has been intimated in the

three memorials from "sundry citizens" of Washington and McMinn and

Rhea Counties. Finally, the report of the Committee of Thirteen was

given by John A. McKinney, of Hawkins County. It will be noted as an

exception to the rule that this representative of an eastern county

did not vigorously stand for the emancipation of the slave, but in his

report spoke at length to attempt the justification of the system

prevailing at that time in the State. Some of the most interesting

points of his argument are: that slavery is an evil, but hard to

remove, that the physiognomy of the slave is the great barrier to

successful adjustment socially as far as white citizens think and

feel, that the condition of the free man of color is tragic, that

beset with temptations, and denied his oath in a court of justice, he

is unable to have wrongs of whites against him redressed, that any

interference with slavery at this time would cause a speedy removal of

Tennessee population since slave-owners would seek other States with

their slaves, and that if Tennessee should free all her slaves, there

would be a greater concentration of all the slaves of the United

States, giving slaves more advantage in case of uprising.

Since the slave population in 1830 was 142,530, a fair estimate for

1834 would be 150,000, and this host of newly-made freedmen, thought

he, would jeopardize the social safety of the white population of

Tennessee, and incite the slave inhabitants of adjoining States to

sedition. Slavery would not always exist, he believed, but Tennessee

could abolish it then without dire results. Colonization was

difficult, but possible and practicable.

This report was given on June 19. A few days later a motion was made

by a Bedford County delegate to strike out that part of the report

referring to the condition of the free man of color as "tragic." This

did not prevail. Still later Stephenson in a set speech protested

vigorously against the acceptance of the report of the Committee of

Thirteen. He declared that the report was "an apology for slavery,"

and did not show the convention willing to discharge its duty to the

memorialists, and to the people whose protests could not there be

heard. His principal argument was that the principles guiding this

committee in its decision were subversive of the principles of true

republicanism; that they were also against the principles of the

Bible. Since the committee had admitted the evil of slavery, he

contended, the failure to find a remedy is unworthy of the

representatives of the people of the State. He maintained that there

is no soundness in the argument that because of the physical

differences, the black man should be deprived of the "common rights of

man," and that it is not better to have slavery distributed over a

large area of country than to concentrate it, if slavery is an evil,

since the spread of any evil cannot be better than its limitation.[37]

As an indirect blow at any possible suffrage right of any persons of

color under the new constitution, Marr, delegate from Weakley and

Obion, introduced a resolution at this time intended to restrict

suffrage permanently and definitely to white males, specifically

prohibiting all "mulattoes, negroes, and Indians." This was referred

to the committee of the whole, but, oddly enough, failed of

adoption.[38] The intermittent debate on the subject of emancipation,

led on the one side by Stephenson, and on the other by McKinney, was

resumed a few days later when the latter gave an additional report. He

stated that the memorials with their signatures had been examined and

the names attached to them had numbered 1804 in all. 105 purported to

be slave-holders, said he, but by inquiry the committee had

ascertained that the aggregate number of slaves in their possession

was not greater than 500. He admitted that there were several counties

from which memorials had come, but charged that there had been a

signing of more than one memorial in some counties by the same

persons, so that there was a doubling of names without a proportional

increase of individual signers. He depreciated Stephenson's statement

that these memorials had come from almost every part of the State as

ill-founded; for the sixteen counties of Tennessee which had sent

representatives with memorials favorable to the idea of emancipation

were not from widely scattered portions of the State. Only five

extended westward beyond the longitude of Chattanooga, and there were

none of the more western counties represented. The two sections of the

State seemed to bear no hostility toward each other, but decidedly

disagreed on the slavery question. The question was largely an

economic one with the Tennesseans of the Mississippi Valley. Cotton

was coming into greater and greater importance every year. It could,

they thought, be most profitably raised by large groups of workmen

whose labor was cheap. The slave was the logical person, and they

fastened on him the burden.

Lest the impression has been made that the only portion of the State

from which the sentiment of an anti-slavery nature came was East

Tennessee, it will be well to refer to the vigorous speech of Kincaid,

a delegate from Bedford County, who flung a parting reply to the

friends and sympathizers of the Committee of Thirteen which had

succeeded in thwarting any official action upon the matter proposed by

the memorialists.[39] Bedford County, in the central portion of the

State, represented both economically and socially a type of citizen

different from that of the mountaineer stock. Yet Kincaid fearlessly

defended the plain human rights of the colored population in his

speech as much as Stephenson had done, and scathingly denounced the

Committee of Thirteen for its attitude toward slavery.

The pro-slavery faction, however, successfully contended that the

emancipation party had no definite plan for emancipation, as those in

Washington County and other districts were divided in their ideas on

this subject. There were about thirty memorials besides the one from

this county, one half of them asking that all children born in the

State after 1835 should be free and that all slaves should be freed in

1855 and sent out of the State. The other half of the memorials

favored making the slaves free in 1866 and having them colonized. As

a matter of fact, Tennessee did emancipate its slaves three years

earlier than this date. By the Committee of Thirteen these statements

were given to show that there could be no virtue in acting in accord

with the wishes of the memorialists, as they were hopelessly divided

in their recommendations. The report of the committee was tabled, but

the debate was by no means ended. Further detail is not of use to us

here save to point out that there was no vote in the matter and that

Stephenson bitterly upbraided the convention as a whole, stating that

it had not made an effort to answer the prayer of the memorialists.

The survey of this prolonged and unprofitable struggle shows how

divided were the people of Tennessee on the question of abolishing

slavery.[40]

Later in the convention there occurred some incidents which throw

light on the situation of the Negro. The Bill of Rights in the amended

constitution, sec. 26, provided: "That free white men of this state

have a right to keep and bear arms in their own defence."[41] A

delegate from Sevier County objected to the word "white" and moved

that it be stricken from the record. Another member from Green County

moved that the word "citizens" be inserted instead of "free white

men," but this was rejected by a vote of 19 to 30, Stephenson and and

others from East Tennessee voting with the ayes, and the Committee of

Thirteen with others defeating the motion. A resolution was then

brought forward by a delegate from Dyer County intended to prohibit

the general assembly from having power to pass laws for the

emancipation of slaves without consent of owners.[42] Immediately a

memorialist sympathizer moved to lay this on the table until January,

1835. His effort was lost, and the resolution passed. Thus was the day

completely won for the anti-emancipation faction.

There had been considerable discussion as to the status of free men of

color, and although one provision of the constitution seemed to give

the right of suffrage to all free men, yet there was a restriction

limiting the privilege of voting to those who were "competent

witnesses in a court of justice against a white person."[43] One

commentator upon his unusual provision observes that one cannot tell

how many Negroes were entitled to vote under this provision.[44] But

whatever present-day students may make of this, it was recognized by

the members of this convention that the free Negro had no suffrage

right, for near the close of the convention there was submitted a

resolution providing that since "free men of color were denied

suffrage by the constitution," the apportionment of senators and

representatives from their respective districts should be based on the

white population alone.[45] The revised constitution contains this

provision, but with different wording.

The general tendency of the whole body of legal enactments in the

period 1834-65 was toward restricting the slave more and more, and at

the same time, eliminating the element known as free Negroes. Probably

this had an effect upon the percentage of free Negroes in the total

population as seen in the years 1820 and 1850. The national percentage

for these years in question was in each case six tenths of one per

cent.[46] But as the total Negro population increased despite the

migration southward from Tennessee, the ratio for Tennessee in 1820

was 3 per cent, and for 1850, 2.4 per cent, a period of greater

repression, showing decrease, although very slight.

A general law of 1839 forbade the slave to act as a free person, that

is, to hire his own time from his master, or to have merchandisable

property and trade therewith.[47] Runaways were to be punished by

being made to labor on the streets or alleys of towns, as well as by

imprisonment. Several laws show the tendency to class free Negroes

with slaves by stating that all capital offences for slaves were also

capital offences for free Negroes.[48] Another plainly provides that

all offences made capital in the code of that time for slaves, should

also be capital for "free persons of color."[49] Further, "no free

person of color might keep a grocery or tippling house" under pain of

a heavy fine. It will be seen that the attitude thus was plainly more

and more adverse to the free Negro. An act of 1842 had made it

possible to amend all laws relating to "free persons of color," and

this was freely done.[50]

Free Negroes of "good character," either resident in the State prior

to 1836 or having removed to the State before that year, and

preferring, in their respective county courts, petitions to remain in

the same, might do so, but otherwise must leave the State under severe

penalties of imprisonment and hard labor, as provided under the law of

1831, prior to the new constitution. The subjects of this legal

provision were to renew this court proceeding every three years, under

the same penalty for failing to perform the renewal.[51] The laws of

registry of free Negroes were kept in force and made, if anything,

more rigid. One provision of these enactments was that there should be

in the registration papers specification of any "peculiar physical

marks on the person" so registered.[52] This practice, defended by

law, is exceedingly interesting to the student who compares it with

what has long been common knowledge regarding the practices of

slave-buyers in the markets. And here we have a measure of the

complete humiliation of the "free person of color," for every free

Negro or mulatto residing in any county of the State was compelled to

undergo this examination before officers of the county court and be

duly registered thereafter as a free person.[53]

As might be expected, the law of 1831 was followed up by enactments

strictly requiring the emancipation of slaves, when allowed by the

State, to be followed closely by the removal of the freedmen from the

State. Also instructions for the transportation of certain Negroes to

Africa were given in the same code. Those who had acquired freedom

after 1836, or who should do so, together with slaves successfully

suing for freedom, also free Negroes unable to give bond for good

behavior although having right to reside in the State, were all to be

transported to Africa, unless they went elsewhere out of the State,

according to provision by law.[54]

The word "mulatto" is found often in the laws of this period, showing

that this type was becoming an important factor in the race relations

of white and black. As far as is known, there is no way of obtaining

even the approximate proportion of white mothers to white fathers, but

because of the overwhelming evidence by personal testimony of

ex-slaves as to the relations of the masters and overseers of

plantations to the slave women, and the corresponding power of the

dominant race to prevent, at least in large degree, similar physical

marriages between Negroes and the women of their race, we may be said

rightly to infer that the proportion of white mothers of colored

offspring to white fathers was then, as it has always been, very

small. In Maryland, according to Brackett, the child of a white father

and a mulatto slave could not give testimony in court against a white

person, whereas the child of a white mother and a black man would be

disqualified in this regard only during his term of service.[55] "A

free mulatto was good evidence," says he, "against a white

person."[56] The mulatto of Tennessee had no such social or legal

position as either of these cases indicate, although here again

personal testimony brings to light notable exceptions of the social

behavior of individuals in certain localities, where this type, that

is, the colored offspring of white motherhood, was regarded as a

separate class, above the ordinary person of color.[57]

The Journal of Negro History, Volume 4, 1919 · 第 4 / 8 章