_Massachusetts Historical Society Collections_, series 4, viii, p. 689.
For the opinions of the two eminent divines to whom the matter of their
disposal was referred before colonial action was taken, see Baylies,
_op. cit._, ii, pt. iii, p. 190.
[464] _Plymouth Colony Records_, vi, p. 15. _The Boston Book of
Possessions_, p. 145 (quoted in Corey, _The History of Malden_, p. 48),
contains a proclamation issued by Governor Leverett, September 23,
1675, relating to the sale of seven male Indians to two colonists who
were to transport and sell them anywhere they wished.
[465] Shurtleff, _Records of the Governor and Company of the
Massachusetts Bay in New England_, v, p. 136.
[466] Gookin, _History of the Christian Indians_, in _American
Antiquarian Society Proceedings_, 1836, ii, p. 449.
[467] _Plymouth Colony Records_, v, p. 244.
[468] Shurtleff, _op. cit._, v, p. 136; _Plymouth Colony Records_, v,
pp. 207, 223; vi, p. 15. The Plymouth general court required that the
magistrates who disposed of such Indian children according to the order
of the court, should sign “indentures for such as are so disposed, to
prevent further differences.” _Plymouth Colony Records_, vi, p. 15.
[469] In 1676, as well as several years before and after, the
government of Rhode Island was in the hands of the Quakers. Staples,
_Annals of Providence_, p. 169. No organized effort against the system
of slavery in general was made in Rhode Island until that of the
Quakers, 1717. Weeden, _Early Rhode Island_, p. 188.
[470] _Rhode Island Historical Society Collections_, v, p. 170; _Rhode
Island Historical Society Publications_, new series, i, p. 234. This
same town meeting freed certain Indians and gave them the rights of
inhabitants, and sentenced others to be shot for crime. _Early Records
of Providence_, viii, p. 12. These Indian captives were carried to
the port in a vessel belonging to Providence Williams, son of Roger
Williams. Staples, _op. cit._, p. 172.
[471] Roger Williams was a member of this committee.
[472] _Rhode Island Historical Society Publications_, i, pp. 236–238;
Arnold, _History of Rhode Island_, i, p. 425. For examples of
indentures or bills of sale, and receipts returned to the committee,
see _Early Records of the Town of Portsmouth_, pp. 430–433; vol.
01087 of the _Town Records of Providence_. See _Report of Record
Commissioners on Providence Town Records_.
[473] Richman, _Rhode Island, its Making and its Meaning_, ii, p. 192;
_Records of the Colony of Rhode Island and Providence Plantations in
New England_, ii, p. 549.
[474] Orcutt, _The History of the old Town of Derby, Connecticut_, p.
lvii.
[475] _Connecticut Colonial Records_, ii, p. 308.
[476] _William and Mary College Quarterly_, viii, p. 165.
[477] _Ibid._, viii, p. 165.
[478] Hening, _The Statutes at Large_, etc., ii, pp. 346, 404.
[479] Foote, _Sketches of Virginia, Historical and Biographical_, first
edition, p. 18.
[480] Hening, _op. cit._, ii, pp. 404, 440; _Virginia Magazine of
History_, ii, p. 173. This law is almost a literal transcript of
Bacon’s law.
[481] Ballagh, _A History of Slavery in Virginia_, in _Johns Hopkins
University Studies_, extra volume xxiv, pp. 35, 50; Hening, _op. cit._,
ii, pp. 346, 404.
[482] Hening, _op. cit._, iv, p. 10.
[483] _Ibid._, i, p. 259.
[484] _Ibid._, i, p. 459.
[485] Indians held in captivity before 1670 were not slaves but
servants. See Chapter ix.
[486] Before that time, the Indians had given little or no trouble, and
the colony had never passed a militia act.
[487] Every seventh man was to be pressed into service. William Fuller
was appointed to command.
[488] Allen, _A Calendar of Maryland State Papers_, i, p. 54. This
appears to have been the only attempt made by Maryland to enslave
Indian war captives.
[489] _North Carolina Colonial Records_, i, p. 900; ii, p. iv.
[490] _Ibid._, ii, p. 305.
[491] _Ibid._, ii, pp. iv, 52; Williamson, _History of North Carolina_,
i, p. 289.
[492] _North Carolina Colonial Records_, ii, p. 45.
[493] Rivers, _op. cit._, p. 132.
[494] Lands were also given as reward for valor, but they were not
acceptable for the people had no laborers to work them. Hewat, _op.
cit._, i, p. 78.
[495] Hewat, _op. cit._, i, p. 74.
[496] Blackstone, _Commentaries on the Laws of England_, Lewis edition,
1898, i, p. 108.
[497] _The Statutes at Large of South Carolina_, ii, pp. 189, 212.
[498] _Ibid._, ii, p. 212.
[499] In 1703, Sir Nathaniel Johnson succeeded Moore as governor.
[500] In a letter to the governor of South Carolina, May 1, 1704,
Moore states that he has taken all the people of three towns, and the
greatest part of four more, and that he has with him thirteen hundred
free Apalachee Indians and one hundred slaves. Carroll, _op. cit._, ii,
pp. 574–576.
[501] _The Statutes at Large of South Carolina_, ii, pp. 322, 325.
[502] _Ibid._, ii, p. 637.
[503] Martin, _The Public Acts of the General Assembly of North
Carolina_, etc., edition of 1804, p. 135. If such an Indian should be
killed, the captor was to secure £10 from the public treasury. This
amount was probably less than the regular price of such slaves, for if
the amount were equal to the full value, the captor would have been
tempted to kill the captive, and thus avoid the trouble of keeping him.
Bassett, _Slavery and Servitude in the Colony of North Carolina_, p.
73, in _Johns Hopkins University Studies_, xiv.
[504] _North Carolina Colonial Records_, xiii, pp. 204–205, contains
a letter of President Lowndes of South Carolina to Governor Caswell
of North Carolina, August 6, 1778, concerning the adjustment of this
matter. As late as 1776 Cherokee prisoners of war were sold to the
highest bidder in South Carolina, _Nineteenth Annual Report of the
Bureau of American Ethnology_, p. 223; Basset, _op. cit._, p. 73, in
_Johns Hopkins University Studies_, xiv.
[505] Hoadly, _Records of the Colony or Jurisdiction of New Haven, from
May, 1653, to the Union_, etc., p. 177.
[506] _Plymouth Colony Records_, ix, p. 4.
[507] _Ibid._, ix, p. 35.
[508] _Plymouth Colony Records_, v, p. 173.
[509] _Ibid._, v, p. 174.
[510] _Ibid._, v, p. 173; ix, p. 401.
[511] _Ibid._, xi, p. 242.
[512] Shurtleff, _op. cit._, v, p. 115.
[513] Baylies, _op. cit._, ii, pt. iii, p. 75.
[514] Hough, _op. cit._, pp. 188–189. It is to be noted that none
of the Indians transported were allowed to return to the colonies.
This same court, on rumors of Indians landing near the coast of Rhode
Island, forbade the landing of any Indian on the shores of Rhode Island
or Narragansett Bay. Hough, _op. cit._, p. 189.
[515] See Sylvester, _op. cit._, ii, p. 457, for expedients adopted by
Massachusetts to obtain money to defend the frontiers. Yet the number
killed and sold, along with those who escaped, practically destroyed
the warring Indians. According to the Massachusetts Records of
1676–1677 a day was set apart for public thanksgiving, because, among
other things of moment, “there now scarce remains a name or family of
them (the Indians) but are either slain, captivated or fled.”
[516] Both Plymouth and Massachusetts, by encouraging, as a part of
the war policy, the capture of Indians alive, through legalizing
such capture or granting a specified reward for each captive,
unintentionally increased the number of Indian captives that could be
sold. In a declaration issued by the New England commissioners at the
beginning of the war, it was declared “lawful for any person, whether
English or Indian, that shall find any Indians traveling or skulking
in any of the towns or roads (within specified limits), to command
them under their guard and examination, or to kill them as they may or
can.” To this direction was added: “The council hereby declaring, that
it will be most acceptable to them that none be killed or wounded that
are willing to surrender themselves into custody.” Halkett, _Historical
Notes respecting the Indians of North America_, p. 135.
In the eastern campaign Massachusetts offered twenty shillings bounty
for every Indian scalp, and forty shillings for every prisoner. The
individual towns sometimes took similar action. For instance, the
people of Monhegan publicly offered a bounty of £5 for every Indian
that should be brought in. In 1694, Massachusetts decreed that
volunteers were to have for every Indian, great or small, which they
should kill or bring in prisoner, £50, as well as all plunder. Soldiers
under pay were to receive, over and above pay, £10. In 1695, £25 was
decreed as the reward for any Indian woman or young person under
fourteen years of age. _Acts and Resolves_, i, pp. 176, 211, 292.
[517] _Historical Magazine_, x, p. 188.
[518] Douglas, _A Summary, Historical and Political_, etc., i, p. 557.
[519] _Acts and Resolves_, viii, p. 45.
[520] _Ibid._, i, 530.
[521] Church, _op. cit._, Dexter edition, i, p. 189. For the successful
expedition of Church in which he captured 126 Indians, see Sylvester,
_Indian Wars of New England_, ii, p. 326.
[522] This last phrase related to a decree of the Plymouth Council of
War, in turn confirmed by the Court, July 23, 1676. Hough, _op. cit._,
pp. 187–189. The bill of sale of one of the Indian women to Adam Right
of Duxbury bears the signature of Church. Weeden, _Early Rhode Island,
a Social History of the People_, p. 178.
[523] Gookin, _op. cit._, in _American Antiquarian Society
Collections_, ii, 1836, p. 449. One of the arguments used by the
warring Indians to persuade the Praying Indians to join with them, was
that the English proposed to destroy all the Praying Indians, or sell
them out of the country as slaves. _Ibid._, pp. 462, 476. The feeling
against the Praying Indians was so strong that a council in Boston,
August 30, 1675, disbanded them, and distributed them among five of
their own villages. Gookin, _op. cit._, in _American Antiquarian
Society Collections_, ii, 1836, p. 450. Most of the Indians were sent
to Deer Island. Some of them were transported before harvests were
gathered, and the government neglected to provide them with sufficient
food, clothes and shelter. _Ibid._, ii, 1836, p. 433 _et seq._
[524] Belknap, _The History of New Hampshire_, i, p. 245.
[525] Sumner, _A History of East Boston_, etc., p. 197.
[526] Gookin, _op. cit._, in _American Antiquarian Society
Collections_, 1836, ii, p. 449.
[527] Some of the Praying Indians fought on the English side. It was
reported among the Indians that these Christian Indians never shot
at their Indian opponents, but into the tops of trees, and that they
sold to Phipp’s agents the ammunition provided them. _Massachusetts
Historical Society Collections_, series 5, i, p. 106.
[528] It is estimated that there were probably between 30,000 and
40,000 white inhabitants in the United Colonies at the time of King
Philip’s War, and that of these, 6,000 to 8,000 were able to bear arms.
Mather, _A Brief History of the War with the Indians of New England_,
p. xxix. No estimate of the number of Praying Indians at the time
of the war seems available. Palfrey, _A Compendious History of New
England from the Discovery by Europeans_, etc., ii, p. 124, states
their number, when at the highest, as 4,000. In 1685, Mr. Hinckley,
governor of Plymouth, estimated them at 1,439, not counting children
under twelve years of age. Hutchinson, _The History of the Colony of
Massachusetts_, i, p. 349.
[529] _Plymouth Colony Records_, v, pp. 173–174; xii, p. 242; Baylies,
_op. cit._, ii, pt. iii, p. 188.
[530] Church, _op. cit._, Dexter edition, i, p. 182, mentions the sale
of an old Indian named “Conscience” to a native of Swanzey. Perhaps an
exception was made in the case of this Indian, because of age. Another
exception appears to have been made by the Plymouth Court, September
1, 1676, when Sergeant Rogers was allowed to keep his Indian man at
his own house, provided he should produce the said Indian on demand of
the court. Hough, _op. cit._, p. 186. Still another exception was made
by the Plymouth Court at the same session granting Church the right to
“some five or six Indians,” who, if their behavior was satisfactory,
might remain in the colony and not be sold to foreign parts unless
any of them should be proved to have murdered any of the English.
One Indian named “Crossman” was especially mentioned, as he had been
accused of murdering Mr. Hezekiah Willet. _Plymouth Colony Records_,
xi, p. 242; Baylies, _op. cit._, ii, pt. iii, p. 188.
[531] Pamphlet published in Cambridge in 1677, now in possession of the
Boston Athenaeum. The full text is as follows:
“At a court held at Boston in New England, the 29th of March, 1677. The
council being informed that certain strange Indians, who have been in
Hostility against us, or have lived amongst such, are brought into this
Jurisdiction, and bought by several persons, which causeth much trouble
and fear to the Inhabitants where they reside, and may be of dangerous
consequence, not only to the Towns where they live, but to the whole
Jurisdiction, if not timely prevented:
“It is therefore Ordered that what person soever within this
Jurisdiction shall hereafter buy or keep above ten days after the
publication hereof, any such Indian, man or woman already bought,
above the age of twelve years, without allowance from authority, shall
besides the forfeit of such Indian or Indians, pay the fine of five
pounds to the Treasurer of the Country, and the Constables of the
several towns are ordered forthwith to publish this Order in their
Precincts.
By the Council, Edward Rawson, Secr.”
[532] _Plymouth Colony Records_, v, p. 253.
[533] _Ibid._, ix, p. 71.
[534] Sylvester, _op. cit._, ii, p. 259; _Plymouth Colony Records_, v,
p. 173. This action was opposed by Church, but without result.
[535] Sylvester, _op. cit._, ii, p. 259; _Plymouth Colony Records_, v,
p. 174. Church, _op. cit._, Dexter edition, i, p. 46.
[536] Belknap, _The History of New Hampshire_, i, pp. 143, 245; _New
Hampshire Provincial Papers_, i, p. 357; Williamson, _The History of
the State of Maine_, i, p. 539; Sylvester, _op. cit._, ii, pp. 339–340;
Shurtleff, _op. cit._, v, p. 115. Hubbard and Mather barely mention
this affair. Hubbard, _op. cit._, pt. ii, p. 28; Mather, _Magnalia_,
bk. 7, ch. 6. Williamson states that the propriety of the event was
a “subject which divided the whole community; some applauded, some
doubted, some censured, but the government approved.”
[537] Ellis and Morris, _King Philip’s War_, p. 287; Baylies, _op.
cit._, ii, pt. iii, p. 190. In at least one instance, provision
against their being sold as slaves was made by the Indians in the
terms of their surrender. When the squaw-sachem, Awanthonks, deserted
the cause of Philip and allied herself with the English, she obtained
a promise from the Plymouth government “that the life of every man,
woman and child shall be spared, and none shall ever be sold as slaves,
or transported from their native soil.” Hough, _op. cit._, p. 20;
Drake, _The Book of the Indians_, ninth edition, p. 252; Freeman,
_Civilization and Barbarism_, p. 129.
[538] Shurtleff, _op. cit._, v, p. 136; _Plymouth Colony Records_, v,
pp. 207, 223.
[539] _Connecticut Colonial Records_, ii, 1665–1677, pp. 297–298.
Indians convicted of having murdered any of the English were to be put
to death, as in Massachusetts and Plymouth.
[540] _Connecticut Colonial Records_, ii, 1665–1677, pp. 481–482. At
this meeting the council granted liberty to ten Indians who had been
captured in a swamp where they had hidden.
[541] _Records of the Colony of Rhode Island and Providence Plantations
in New England_, i, p. 243; Richman, _Rhode Island, its Making and its
Meaning_, ii, p. 192.
[542] _Records of the Colony of Rhode Island and Providence
Plantations_, ii, p. 534.
[543] “Because it is said they were left as hostages to the English
force of the United Colonies.” Hough, _op. cit._, p. 186.
[544] Action was taken in accordance with the powers granted in the
charter “to exercise the law martial in such cases as occasions shall
necessarily require, and upon just cause, to invade and destroy the
native Indians and other enemies of the said colony.” Hough, _op.
cit._, p. 173 _et seq._
[545] _Records of the Colony of Rhode Island and Providence
Plantations_, ii, pp. 549–551.
[546] _Early Records of the Town of Portsmouth_, p. 188. Rhode Island
was accustomed to sell both whites and Indians into temporary servitude
as punishment for crime. The Indians here mentioned were probably
examples of such cases. See _Rhode Island Tracts_, No. 18, p. 131. The
towns appears to have reversed its policy later. See Weeden, _Early
Rhode Island_, etc., p. 178.
It was politic for the colonial governments to oppose the enslavement
of Indians who were friendly to the English or in alliance with them.
Two such instances are recorded in connection with North Carolina. In
1713, at the request of the governor of New York, the Seneca Indians
sent an Indian to the Tuscarora to caution them against going to war
with the English. The South Carolina Indians captured this Indian and
held him as a slave. The council decided to buy him and send him back
to his own nation. _North Carolina Colonial Records_, ii, pp. 1–2.
In the same year the council ordered that a colonist who had sold a
friendly Indian as a slave should be held for trial. _Ibid._, ii, p. 55.
During the intercolonial wars the French Indians were accustomed to
take both their white and red captives to Canada, where the latter
became slaves. As a part of their protective, diplomatic and military
policy, the English sought to regain the freedom of these Indians, and
thus retain the friendship of the Six Nations. In 1688, Governor Dongan
demanded of the French agents that certain New York Indians who had
been sent from Canada to France, be returned to the English consul at
Paris or to the authorities in London, so that they might be brought
home and be given their freedom. _New York Colonial Documents_, iii,
p. 526. The French authorities agreed, and the Indians were brought
back. _Ibid._, iii, pp. 621, 732, 733. In 1748, Governor Shirley sought
to obtain the freedom of a Rhode Island Indian who had been sold as a
slave in Canada, and on another occasion sent fourteen French prisoners
to South Carolina to redeem certain members of the Six Nations who
were held there. _Ibid._, vi, p. 448. Throughout the French and Indian
struggle the governors of New York insisted that the members of the
Six Nations, when captured in war, should be treated exactly as other
English subjects, or, in other words, that they should not be enslaved.
[547] _Hakluyt Society Publications_, vii, p. 23; Beazley, _John and
Sebastian Cabot_, p. 118.
[548] Beazley, _op. cit._, p. 118.
[549] Historians differ regarding the place where these Indians were
captured. J. G. Kohl, in _A History of the Discovery of the East Coast
of North America_, reprinted in _Maine Historical Society Collections_,
series 2, i, p. 142, expresses the opinion that Cabot probably obtained
them on some shore south of New York harbor. James S. Buckingham, in
_Canada, Nova Scotia_, etc., pp. 168, 337; and Samuel G. Drake, in _The
History and Antiquities of Boston_, i, p. 1, regard Newfoundland as the
probable home of the savages.
[550] Best, _Frobisher’s First Voyage_, in _Voyages of the Elizabethan
Seamen to America_, Payne’s edition, pp. 65, 66.
[551] _Ibid._, pp. 76–88.
[552] _Ibid._, p. 136.
[553] Mather, _Magnalia Christi Americana_, etc., first American
edition, (1820), i, p. 52; Prince, _A Chronological History of New
England in the Form of Annals_, edition of 1887, ii, p. 26; Rosier, _A
True Relation of the most prosperous Voyage made this present year_,
etc., in _Massachusetts Historical Society Collections_, series 3,
viii, p. 145.
[554] Gorges, _A True Relation of the late Battell fought in New
England_, etc., in _Massachusetts Historical Society Collections_,
series 3, vi, p. 51; Williamson, _The History of the State of Maine
from its first Discovery_, i, p. 207; Young, _Chronicles of the Pilgrim
Fathers of New England_, etc., second edition, p. 190.
[555] Stith, _History of Virginia_, bk. i, pp. 33, 34; Drake, _The Old
Indian Chronicle_, edition of 1867, pp. 10–13.
[556] Shakespeare’s jeering remark in “The Tempest,” Act II, Scene II,
regarding those who refuse to help a lame beggar, but who will pay
their money to see a dead Indian, may apply to one of these captives.
Out of the common interest in savages the poet doubtless constructed
the monster, Caliban.
When the Plymouth colony was founded, two of these captives were
placed on board a vessel bound from Bristol to the coast of Maine. A
Spanish fleet captured the ship, and the Indians were carried to Spain.
Gorges afterward recovered one of these two, who, with at least two
others of the original five, was afterward sent to America. Gorges,
_A Briefe Narration of the Originall Undertakings of the Advancement
of Plantations into the parts of America_, etc., in _Massachusetts
Historical Society Collections_, series 3, vi, p. 54; Drake, _op.
cit._, edition of 1867, p. 13.
[557] Hubbard, _A General History of New England_, etc., in
_Massachusetts Historical Society Collections_, series 2, v, p. 37;
Drake, _op. cit._, edition of 1867, pp. 13–14. No record seems to exist
regarding the fate of these Indians. It may have been one of them
whom Gorges obtained from the Isle of Wight at the time the Earl of
Southampton was in command.
[558] Gorges, _A Briefe Narration of the Originall Undertakings of
the Advancement of Plantations into the parts of America_, etc., in
_Massachusetts Historical Society Collections_, series 3, vi, p. 59.
[559] Drake, _The Book of the Indians_, etc., ninth edition, bk.
ii, p. 8; Gorges, _op. cit._, in _Massachusetts Historical Society
Collections_, series 3, vi, p. 58; Bradford, _History of Plymouth
Plantation_, pp. 111–112, in _Original Narratives of Early American
History_.
[560] Gorges, _op. cit._, in _Massachusetts Historical Society
Collections_, series 3, vi, p. 60; Freeman, _Civilisation and
Barbarism_, etc., p. 39; Drake, _The Old Indian Chronicle_, edition of
1867, pp. 6–7.
[561] Smith, _A Description of New England_, etc., in _Massachusetts
Historical Society Collections_, series 3, vi, p. 132. There is no
reason to believe that Smith had ideas regarding the Indians different
from those held by the Englishmen of his time who did not rank the
savage above the position of the slave, and who generally looked upon
the Indians as a “degraded, inferior and faithless race, and no more to
be regarded than the Africans.” Drake, _op. cit._, edition of 1867, p.
7.
[562] O’Callaghan, _Calendar of Manuscripts_, etc., pt. ii, p. 117.
[563] Ellis and Morris, _King Philip’s War_, p. 294; Drake, _The Book
of the Indians_, etc., ninth edition, bk. iii, p. 104.
[564] Williamson, _The History of the State of Maine_, etc., i, p. 531;
Holmes, _American Annals_, etc., pp. 403–407; Hubbard, _A Narrative of
the Indian Wars in New England_, etc., pp. 332–344.
[565] _Records of the Court of Assistants of the Colony of
Massachusetts Bay_, i, p. 86.
[566] Futhey and Cope, _History of Chester County, Pennsylvania_, p. 39.
[567] Rupp, _History of Lancaster County_, etc., p. 89—Based on
Gookin’s minutes of a journey in 1711 to the Indians in the vicinity of
the Palatines.
[568] Brown, _The History of Missions, or, of the Propagation of
Christianity among the Heathen since the Reformation_, i, p. 394.
[569] O’Callaghan, _Calendar of Historical Manuscripts_, pt. i, p. 45,
records the manumission of Manuel, the Spaniard, from slavery, February
17, 1648, for the sum of 300 carolus guilders.
[570] _Colonial Laws of New York_, edition of 1894, i, p. 279.
[571] _Ibid._, i, p. 389. In 1685, the master of a Carolina brig, in a
petition to Governor Dongan of New York, complained of Humphrey Ashley,
who chartered the vessel but ruined the voyage by killing an Indian and
kidnapping four others near the Cape Fear River, whom he brought to the
port of New York. The result shows the colonial government of New York
not in favor of kidnapping. The necessity of keeping on good relations
with the Iroquois made it policy to discourage the kidnapping custom.
So it was ordered that all the effects of Ashley be sold at auction and
the proceeds used to defray the cost of transporting Ashley and the
four Indians back to Carolina. O’Callaghan, _op. cit._, pt. ii, p. 117.
[572] O’Callaghan, _op. cit._, pt. ii, p. 117.
[573] _Diary of Cotton Mather_, in _Massachusetts Historical Society
Collections_, series 7, vii, p. 203.
[574] Mayhew, _Indian Converts_, etc., p. 120.
[575] _Boston News Letter_, September 10, 1711; May 2, 1715;
January 15, 1719; December 28, 1720; June 18, 1724; March 2, 1732;
_Pennsylvania Gazette_, March 7, 1731; _New England Weekly Journal_,
August 30, 1731; October 14, 1735; August 10, 1736; _Boston Gazette or
Weekly Advertiser_, December 22, 1718; August 1, 1749; _New England
Courant_, June 17, 1723; _Boston Weekly Mercury_, October 2, 1735.
[576] _Pennsylvania Colonial Records_, ii, pp. 112, 120.
[577] Spanish Indians are mentioned in the following issues of the
colonial newspapers: _Boston News Letter_, November 13, 1704; April 29,
1706; August 5, 1706; May 2, 1715; January 5, 1719; December 28, 1720;
June 18, 1724; March 2, 1732; _New England Courant_, June 17, 1723;
_Boston Gazette or Weekly Journal_, August 1, 1749; _Boston Weekly
Mercury_, October 2, 1735; _New England Weekly Journal_, August 30,
1731; August 10, 1736; _Pennsylvania Gazette_, March 7, 1731; _American
Weekly Mercury_, April 10, 1739.
[578] Hurd, _The Law of Freedom and Bondage in the United States_, i,
p. 205.
[579] Hening, _op. cit._, i, p. 482.
[580] _Archives of Maryland_, xv, p. 22.
[581] _Ibid._, xiii, p. 525.
[582] _Ibid._, xxvi, p. 514.
[583] _Colonial laws of Massachusetts reprinted from the edition
of 1660 with the supplements to 1672, containing also the body of
Liberties of 1641_, p. 53.
[584] _Colonial Laws of Massachusetts_, edition of 1672, p. 15.
[585] Vol. XXX, No. 227 A. of the Massachusetts manuscript records
contains a petition, dated September 20, 1676, of one John Harton
imprisoned for stealing Indians, asking freedom under bail in order to
support his wife and family.
[586] Felt, _The Ecclesiastical History of New England_, ii, p. 418.
[587] Leaming and Spicer, _The Grants, Concessions and Original
Constitutions of the Province of New Jersey_, etc., p. 105.
[588] _New Hampshire Historical Society Collections_, viii, p. 11.
[589] Hewat, _op. cit._, i, p. 126.
[590] Margry, _op. cit._, vi, p. 316.
[591] _Ibid._, v, pp. 178, 354, 360, 361; _Wisconsin Historical Society
Collections_, xvi, p. 332.
[592] _South Carolina Historical Society Collections_, v, pp. 166,
460–462; _Narratives of Early Carolina_ (Woodward’s relation of his
Westo voyage), p. 133, in _Original Narratives of Early American
History; Calendar of State Papers_, colonial series, vii, p. 634. One
of the instruments of supply was the Cherokee. Thomas, _The Indians of
North America_, etc., p. 96; Logan, _The History of Upper Carolina_, i,
p. 174.
[593] In 1666 Robert Sanford, secretary of the proprietors, made a
voyage from Cape Fear to Port Royal and reported to the proprietors
that the Indians of that section were anxious for friendship with the
whites “notwithstanding we ... had killed and sent away many of them.”
_Robert Sanford’s Relation of his Voyage in 1666_, in _Charleston Year
Book_, 1885, p. 292.
[594] Rivers, _A Sketch of the History of South Carolina_, etc.,
appendix, p. 353; _Journal of the Grand Council of South Carolina_,
August 25, 1671–June 24, 1680, p. 84.
[595] For the character of the Carolina settlers, see McCrady, _The
History of South Carolina under the Royal Government_, pp. 297–298.
[596] Rivers, _op. cit._, p. 126, holds that but little credit can be
given to the assertion that the colonists instigated the tribes against
each other for the purpose of trading in their captives. Hewat, _op.
cit._, i, pp. 126–127, asserts that the colonists early found out the
usefulness to this end of setting one tribe of Indians against another.
Lawson, _The History of Carolina_, etc., p. 325, tells of the Coranine
Indians inviting the Machapunga Indians to a feast, taking them
prisoners and selling them to the English.
[597] Rivers, _op. cit._, p. 126; Hewat, _op. cit._, i, p. 127.
[598] Hewat, _op. cit._, i, p. 127.
[599] French, _op. cit._, pt. iii, p. 36.
[600] _Public Records of South Carolina_, 1706–1710, p. 197; _B. P. R.
O._, vol. 620.
[601] Winsor, _The Mississippi Basin_, etc., p. 133. The English in
their turn accused the French of pillaging the traders.
[602] Margry, _op. cit._, iv, pp. 406, 507, 516.
[603] On June 18, 1718, Robert Johnson, governor of Carolina, reported
that he had made peace “with several nations, particularly the great
nation of the Creeks who live to the southward near St. Augustine,” and
added that “the treaties with them are very precarious so long as the
French from Morels and the Spaniards from St. Augustine live and have
intercourse amongst them, and do continually by presents and furnishing
them with arms and ammunition and buying the slaves and plunder,
encourage them to war upon us.” _Public Records of South Carolina_,
1717–1720, vii, p. 135; _B. P. R. O._, _B. T._, x, p. 2157.
[604] Margry, _op. cit._, iv, p. 517.
[605] _Ibid._, iv, p. 578.
[606] _Ibid._, iv, p. 544; _Report concerning Canadian Archives_, 1905,
i, p. 523.
[607] French, _op. cit._, pt. iii, p. 32.
[608] _Ibid._, new series, i, p. 86.
[609] _Ibid._, new series, i, p. 97; pt. iii, p. 33.
[610] _Ibid._, pt. iii, p. 34.
[611] _Ibid._, new series, p. 123; Margry, _op. cit._, v, p. 506. The
slaves acquired on this special occasion were from the Shawnee nation,
and had been taken by a combined force of Chickasaw, Yazoo and Natchez.
[612] Rivers, _op. cit._, p. 132.
[613] Hewat, _op. cit._, i, p. 78. In their letter to West, telling
him of their sanction of his appointment, the proprietors cautioned
him against appointing any deputies, including Mathews, Moore and
Middleton, who might belong to the opposing party. _Calendar of State
Papers_, colonial series, xii, p. 11. West became governor in 1674.
[614] Oldmixon, _The British Empire in America_, i, p. 337; Grahame,
_op. cit._, ii, p. 115. Yeamans prospered so well in the traffic in
negroes with Barbadoes that, in 1684, he returned to his plantation and
the office of governor was restored to West.
[615] Rivers, _op. cit._, p. 126.
[616] West was a member of this commission.
[617] Chalmers, _Political Annals of the Province of Carolina_, in
Carroll, _op. cit._, ii, p. 314.
[618] _Public Records of South Carolina_, i, 1663–1684, p. 141; _B. P.
R. O._, _Colonial Entry Book_, xx, p. 184.
[619] _Calendar of State Papers_, colonial series, xi, pp. 508–510.
[620] The colonial officials persistently denied that they stirred
up the tribes to make war upon each other so as to obtain captives
for slaves. Such letters and statements of denial are found in _North
Carolina Colonial Records_, ii, p. 252. (A letter of April 5, 1716);
_Journal of the Board of Trade, Public Record Office_, Co. 391, 25
R., xvii, p. 175 (Testimony rendered July 16. 1715). The government
officials claimed that the Indian outbreaks against the English were
caused, not by any action of the officials in stirring them up to
obtain slaves, but rather by the abuses practiced upon them by the
traders and by the inability of the colonial government to control the
traders. _Journal of the Board of Trade, Public Record Office_, Co.
391, 25 R., xvii, pp. 168, 169, 176, 191.
[621] Chalmers, _op. cit._, in Carroll, _op. cit._, ii, p. 314. This
special letter of the proprietors was called forth by Captain Godfrey’s
treatment of the Indians, and by the opinions of private individuals
expressed in letters to them. The proprietors had already struck a blow
at the council by giving the parliament a right to punish members of
the council for misbehavior. The council had complained of this to the
proprietors, who in turn asserted that the Indian dealers (members of
the council) feared lest the parliament have too much power over them.
Archdale, _A New Description_, etc., in Carroll, _op. cit._, ii. p. 100.
[622] _Calendar of State Papers_, colonial series, xi, pp. 508–510.
[623] _Calendar of State Papers_, colonial series, xi, pp. 508–510.
[624] Archdale, _op. cit._, in Carroll, _op. cit._, ii, p. 107; Hewat,
_op. cit._, i, p. 78; _Calendar of State Papers_, colonial series, xi,
p. 508; _Public Records of South Carolina_, i, 1663–1684, p 266; _B.
P. R. O._, _Colonial Entry Book_, xxii, p. 20. _The Journal of the
English Board of Trade_, vol. xi, p. 174, under the date August 19,
1698, and the marginal heading _American Indian Slaves_, contains the
following direction to the governor of Bermudas: “And upon observation
made that it is commonly said there are many Americans at Bermuda kept
as slaves; ordered, that the governor be required to give an account,
what number there are of them, from whence they are bought and by whom
imported.” The governor’s reply was a mere tabulation of slaves, with a
statement of their sex and the locality in which they resided, without
any special reference to Indian slaves. No further reference was made
to the matter by the Board of Trade.
[625] Rivers, _op. cit._, appendix, p. 456.
[626] O’Gorman, _A History of the Roman Catholic Church in the United
States_, p. 39.
[627] Rivers, _op. cit._, appendix, p. 456; _North Carolina Colonial
Records_, ii, p. 904. The complaint read: “ruined trade in skins and
furs (whereby we held our chief correspondence with England) and turned
it into a trade of Indians or slave making, whereby the Indians to the
south and west of us are already involved in blood and confusion, a
trade so odious and abominable, that every colony in America (although
they have equal temptation) abhor to follow.”
[628] Logan, _op. cit._, i, p. 172.
[629] _State of the British and French Colonies in North America_, p.
25.
[630] _New England Historical and Genealogical Register_, 1859, xiii,
p. 300.
[631] Thomas, _op. cit._, ii, pp. 95–100; _Journal of the Board of
Trade, British Public Record Office_, Co. 391. 25 R., xvii. p. 168.
[632] _Indian Book_, 1710–1718, i, p. 17, in Columbia, South Carolina,
Historical Commission Department. The letters of the missionaries
of the Society for the Propagation of the Gospel in Foreign Parts
stationed in South Carolina contain frequent mention of the traders’
action: Letters of Le Jau, 1708: February and July, 1711 (The letter of
February 20, 1711, relates an instance of the traders bringing back one
hundred Indian slaves); August 10, 1714; Letters of Johnston, January
27, 1715; December 19, 1715, in _Records of the S. P. G. F. P._
[633] _Indian Book_, 1710–1718, i, p. 29, in Columbia, South Carolina
Historical Commission Department, (directions given to traders, July
24, 1716).
[634] _Ibid._, i, p. 156, (directions given to traders, May 14, 1717);
i, p. 28, (directions given to traders July 24, 1716); i, p. 40,
(directions given to traders, July 27, 1716).
[635] Logan, _op. cit._, i, p. 180.
[636] Logan, _op. cit._, i, p. 187.
[637] On being handed over to the board, the Indians were ordered to
be sold at auction at a specified time and place to anyone who would
promise to export them from the province within a specified time. In
the meantime they were fed and sheltered at public expense. Logan, _op.
cit._, i, p. 156.
[638] Logan, _op. cit._, i, p. 171. Johnson became governor in 1703.
[639] _Ibid._, i, p. 182.
[640] Logan, _op. cit._, i, pp. 175, 177, 180, 181, 182, 183 cites
such trials. A letter of Steevens, missionary of the Society for the
Propagation of the Gospel in Foreign Parts, in South Carolina, 1708,
tells of the trial and acquittal of traders for the illegal enslavement
of Spanish Indians. _Records of S. P. G. F. P._
[641] Logan, _op. cit._, i, p. 180.
[642] _Ibid._, i, p. 182.
[643] _Ibid._, i, pp. 183–186. Case of Alexander Long and Eleazer
Wiggon who in revenge stirred up the Cherokee to destroy the Euchee.
[644] On July 15, 1715, Mr. Byrd, one of the council of Virginia,
appeared before the Board of Trade, and in reply to questions regarding
the hostilities lately committed by the Indians on Carolina, declared
the action of the Indians to be due to the cupidity of the traders and
the custom of encouraging the Indians to wage war on each other that
the traders might buy the captives as slaves. _Journal of the Board
of Trade, B. P. R. O._, Co. 391, 25 R., xvii, pp. 167–168. Similar
statements were made by Mr. Banister, _Ibid._, p. 169, Mr. Kettleby,
_Ibid._, p. 175 and Mr. Crawley, _Ibid._, p. 191.
[645] _South Carolina Public Records_, April to December, 1720, vii, p.
226; _British Public Record Office, South Carolina, Board of Trade_,
Co. 5, 358 A 14 and 15, October 27, 1720.
[646] Logan, _op. cit._, i, p. 189. Though no estimate of the number of
Indians enslaved during this long period in the south is possible, it
was so large that the decay of the coast Indians has been attributed to
it. Thomas, _The Indians of North America_, etc., ii, p. 95.
[647] Hening, _op. cit._, i, p. 482; ii, pp. 143, 155; Lawson, _The
History of North Carolina_, p. 280.
[648] Margry, _op. cit._, iv, pp. lvi, 531, 544, 561.
[649] Hening, _op. cit._, i, p. 455.
[650] Hening, _op. cit._, ii, p. 143.
[651] _Ibid._, ii, p. 155; Tucker, _A Dissertation on Slavery_, p. 32.
[652] Hening, _op. cit._, ii, p. 283.
[653] _Ibid._, iii, p. 69.
[654] Lawson, _The History of North Carolina_, p. 280.
[655] _North Carolina Colonial Records_, ii, p. 252.
[656] A letter from the governor and council of South Carolina, May
7, 1707, states: “We have also commerce with Boston, Rhode Island,
Pennsylvania, New York and Virginia, to which places we export Indian
slaves.” _Bancroft Papers relating to Carolina_, in New York City
Public Library, MSS., vol. i, 1662–1769; Thomas, _The Indians of North
America_, etc., p. 95; Coffin, _A Sketch of the History of Newbury_, p.
336; _Journal of the Board of Trade, Public Record Office_, Co. 391,
25 R, xvii, p. 168. The colonial newspapers mention Carolina Indians
in the following issues: _Boston News Letter_, July 31, 1704: October
28, 1706; March 31, 1707; November 15, 1708; August 6, 1711; August 20,
1711; September 10, 1711; December 10, 1711; July 5, 1714; September
17, 1716; March 11, 1717; _New England Courant_, August 19, 1723.
[657] _Acts and Resolves_, i, p. 698. July 15, 1715, Mr. Bannister
of Virginia appeared before the Board of Trade and declared that the
selling in New England of Indian slaves taken in war had caused so much
injury by arousing the hostility of the neighboring natives, that the
legislature of Massachusetts had been obliged to pass a law prohibiting
the buying or selling of any Indians as slaves. _Journal of the Board
of Trade, Public Record Office_, Co. 391, p. 169.
[658] _Acts and Resolves_, ii, p. 364. The unforeseen exigencies were
“death, danger of the seas, captivity or inevitable accident.”
[659] Hoadly, _Records of the Colony or Jurisdiction of New Haven from
May, 1653, to the Union_, etc., p. 177.
[660] _Connecticut Colonial Records_, v, p. 516.
[661] _Connecticut Colonial Records_, v, pp. 534–535.
[662] _Acts and Laws of the State of Connecticut, in America_, edition
of 1784, p. 230.
[663] _Connecticut Colonial Records_, xiv, p. 329.
[664] _Records of the Colony of Rhode Island and Providence
Plantations_, ii, p. 550.
[665] _Ibid._, iii, p. 483.
[666] _Records of the Colony of Rhode Island and Providence
Plantations_, iv, pp. 193–194.
[667] _Laws of New Hampshire_, edition of 1771, p. 53; edition of 1726,
p. 49; _Magazine of American History_, xxi, 1889, p. 62.
[668] McClintock, _History of New Hampshire_, p. 151.
[669] _New York Colonial Documents_, xii, p. 414.
[670] _Pennsylvania Archives_, first series, xii, p. 280; _Bancroft
Papers relating to Carolina_, in New York City Public Library, MSS.,
vol. i, 1662–1769; Thomas, _The Indians of North America_, etc., p. 95.
[671] _Statutes at Large of Pennsylvania_, ii, p. 236; _Pennsylvania
Colonial Records_, ii, p. 213; Bolles, _Pennsylvania, Province and
State_, ii, p. 172.
[672] An Indian boy was said to have been imported into the colony
in 1708 contrary to the law. The matter was brought before the
council, September 14, 1709, but was referred for lack of evidence.
_Pennsylvania Colonial Records_, ii, p. 490. It was perhaps due to
this event that the council, February 21, 1710, decided that a case of
infringement of the act of 1706 should be tried before the Court of
Common Pleas. _Ibid._, ii, pp. 508–509.
[673] This was the first effort to restrain negro slavery in
Pennsylvania. It was introduced into the assembly in the form of a
petition by William Southeby, a resident of Maryland and a Roman
Catholic. In 1696 he wrote papers against slavery. For a sketch of his
life, see the article by Nathan Kite in vol. xxviii of _The Friend_,
pp. 293, 301, 309.
[674] _Laws of Pennsylvania collected_, etc., 1714, p. 165;
_Pennsylvania Colonial Records_, ii, pp. 550, 553; _Pennsylvania
Statutes at Large_, ii, p. 433; _Votes and Proceedings of the House of
Representatives of the Province of Pennsylvania_, ii, pp. 112, 114;
_Pennsylvania Historical Society Memoirs_, i, p. 389.
[675] Burge, _Commentaries on Colonial and Foreign Laws_, i, p. 737;
Gordon, _History of Pennsylvania_, p. 166.
[676] Lawson, _The History of North Carolina_, p. 351, tells of Indians
selling an Indian thief to the governor.
[677] Livermore, _A History of Block Island_, p. 60, mentions an
instance of an Indian sold by his brothers for ten gallons of rum;
and a second instance when another Indian was sold by his brothers
and sisters for a term of thirteen years, for thirty gallons of rum
and four cloth coats, the rum to be paid in annual instalments of one
gallon each. The Indian was to have his board and clothing and two
suits of apparel at the expiration of his bondage. _Ibid._, p. 60.
[678] Green, _Springfield_, etc., p. 153, quotes a deed for land, 1665,
in which an Indian girl is given by her parents as security for payment.
[679] Williamson, _The History of North Carolina_, i, p. 95; Lawson,
_op. cit._, pp. 73, 74; Hawks, _History of North Carolina_, second
edition, ii, p. 73.
[680] Williamson, _op. cit._, p. 95.
[681] _New York Colonial Documents_, v, p. 433.
[682] _Hening_, _op. cit._, i, p. 410.
[683] _Ibid._, i, p. 396.
[684] _Ibid._, i, p. 455.
[685] _Virginia Historical Society Collections_, new series, i, p. 125.
(This probably refers to the act of 1666).
[686] _Acts and Resolves_, i, p. 436.
[687] _Ibid._, ii, p. 104.
[688] _Ibid._, ii, 364. Palfrey, _History of New England_, ii, p. 30,
points out that the expression in the Massachusetts Body of Liberties,
“willingly sell themselves,” related to such as contracted to labor
for a term of years, though in some cases, such term might have been
for life. The engagement, whatever its duration, would be subject to
transference to a third party, in which case the original contractor
would be “sold.”
[689] _Acts and Resolves_, iv, p. 641.
[690] Arnold, _History of Rhode Island and Providence Plantations_, ii,
p. 101; _Rhode Island Historical Society Collections_, vii, p. 232.
[691] _Early Records of the Town of Providence_, xvi, p. 244. Weeden,
_Early Rhode Island_, p. 173, mentions such slaves in 1750.
[692] _New York Colonial Documents_, v, p. 433.
[693] _Ibid._, vi, p. 546.
[694] _New York Colonial Documents_, vi, p. 546.
[695] List given in Ross, _History of Long Island_, i, p. 125.
[696] Rivers, _Topics in the History of South Carolina_, p. 51.
[697] _Ibid._, p. 51. It will be noted that in both the South Carolina
cases cited, the sentence of transportation and slavery was passed
before the Indians concerned were proved guilty of the charges against
them.
[698] Winthrop, _Journal_, Savage edition, i, p. 233 (editor’s note);
Hildreth, _A History of the United States from the Discovery of the
Continent_, etc., i, p. 239.
[699] Hening, _op. cit._, ii, p. 15.
[700] Hening, _op. cit._, iv, p. 104; _Historical Documents from the
Old Dominion_, No. 3, p. 258. The governor and council, without a jury,
were to act as a court for the trial of such offenders.
[701] Shurtleff, _Records of the Governor and Company of the
Massachusetts Bay in New England_, i, p. 329.
[702] Freeman, _The History of Cape Cod_, ii, p. 72; Thacher, _History
of the Town of Plymouth_, p. 149.
[703] _Calendar of State Papers_, colonial series, ix, p. 307; Cook,
_Drummond Island_, p. 70. To retain their services for a time longer
than that specified in the sentence of the court, the whites were
accustomed on the ninth day to furnish the Indians with rum and get
them drunk so that they must remain ten days longer. The practice
was so long continued that at one time there was several hundreds
of Indians on the island, “many whereof had been by the practices
aforesaid kept about three months.”
[704] _Plymouth Colony Records_, vi, p. 104.
[705] _Manuscript Council Records of Massachusetts_, ii, p. 40; _Laws
of New Hampshire, Provincial Period_, i, p. 116.
[706] _Manuscript Council Records of Massachusetts_, ii, p. 310.
[707] Freeman, _The History of Cape Cod_, i, p. 714.
[708] _Sewall’s Diary_, in _Massachusetts Historical Society
Collections_, series 5, vi, p. 143.
[709] _Manuscript Council Records of Massachusetts_, viii, No. 169.
[710] _Ibid._, ccxxxii, No. 1.
[711] _Boston Public Library Monthly Bulletin_, vii, February, 1902,
p. 74. This Indian was stolen from his owner by pirates and carried to
South Carolina, but escaped and returned to New England. He was about
to return to his master to serve out his term of servitude when he was
seized by two white men of Massachusetts and enslaved by them.
[712] _Manuscript Council Records of Massachusetts_, xxxi, No. 148.
[713] _Acts and Resolves_, xii, p. 602.
[714] Arnold, _History of the State of Rhode Island and Providence
Plantations_, i, p. 271.
[715] Durfee, _Gleanings from the Judicial History of Rhode Island_, p.
131, in _Rhode Island Historical Tracts_, No. 18.
[716] Arnold, _op. cit._, i, p. 423.
[717] The code provided that, in case an Indian should fail to give the
satisfaction required in case of conviction, the court might sentence
him to serve the injured party as a slave, or to be shipped out of the
country in exchange for negroes. _Connecticut Colonial Records_, i, p.
532.
[718] Hildreth, _The History of the United States_, i, p. 372.
[719] Orcutt, _The History of the old Town of Derby, Connecticut_, p.
lvii.
[720] _Plymouth Colony Records_, ix, p. 71; _Connecticut Colonial
Records_, i, p. 532.
[721] Moore’s article in _Historical Magazine_, x, p. 189.
[722] _The Statutes at Large of South Carolina_, vii, p. 352.
[723] _Ibid._, vii, p. 371.
[724] _The Statutes at Large of South Carolina_, vii, p. 385.
[725] _Ibid._, vii, p. 397. The act decreed that “all negroes and
Indians (free Indians in amity with this government, and negroes,
mulattoes, mustizoes, who are now free, excepted), mulattoes or
mustizoes who now are or shall hereafter be, in this Province, and all
their issue and offspring, born or to be born, shall be, and they are
hereby declared to be, and remain forever hereafter, absolute slaves
and shall follow the condition of the mother.”
[726] Hening, _op. cit._, iii, p. 460.
[727] _Ibid._, iv, p. 133.
[728] Stroud, _A Sketch of the Laws relating to Slavery_, etc., p. 2.
[729] _Ibid._
[730] _Archives of Maryland_, xiii, p. 546.
[731] Maxcy, _The Laws of Maryland_, etc., i, p. 115; Bacon, _Laws of
Maryland_.
[732] _Colonial Laws of New York_, edition of 1894, i, p. 598; Trott,
_Laws of the British Plantations in America_, etc., p. 273.
[733] Moore, in _Historical Magazine_, x, p. 189. The Reverend John
Davenport, in a letter to the younger Winthrop, June, 1666, spoke of
the baptism of slaves “born in the house.” _Historical Magazine_, x,
p. 59. The instance of Mr. Maverick of Noddle’s Island attempting to
breed slaves is another example of the general custom of the time of
holding the children of slave women as slaves. Littleton _v._ Tuttle,
in _Massachusetts Reports_, iv, p. 128; Cushing, _Reports_, x, p. 410.
Felt, in _Statistical Association Collections_, i, p. 586. Palfrey,
_History of New England_, ii, p. 30, states that no person was ever
born into legal slavery in Massachusetts. See also Moore, _Notes on
the History of Slavery in Massachusetts_, pp. 24–25, and Steiner, _op.
cit._, pp. 18–19.
[734] Pirate _v._ Dalby, 1786 (Pennsylvania), in 1 _Dallas_, second
edition, p. 167; Wilson et al. _v._ Hinkley et al., 1787 (Connecticut),
in _Kirby_, p. 202; The State _v._ Van Waggoner, 1797 (New Jersey),
in 1 _Halstead_, p. 374; Jenkins _v._ Tom, 1792 (Virginia), in 1
_Washington_, p. 123; Coleman _v._ Dick, 1793 (Virginia), in 1
_Washington_, p. 233; Hudgins _v._ Wright, 1806 (Virginia), in 1
_Hening and Munford_, second edition, p. 134; Pallas et al. _v._ Hill
et al., 1807 (Virginia), in 2 _Hening and Munford_, second edition, p.
149; Gregory _v._ Baugh, 1831 (Virginia), in 2 _Leigh_, p. 665.
[735] Wheeler, _op. cit._, p. 20; 2 _Leigh_, p. 665.
[736] Ballagh, _op. cit._, p. 31.
[737] _Ibid._, pp. 31–32.
[738] Hurd, _The Law of Freedom and Bondage in the United States_,
i, pp. 249, 257, 260, 262, 265, 266, 268, 269, 275, 276, 283, 288,
295–297, 310; Ballagh, _op. cit._, p. 35.
[739] Ballagh, _op. cit._, p. 35. Indian slavery in Virginia was not,
then, actually in existence until so decreed by the laws of 1670, 1676
and 1682. Hening, _op. cit._, ii, pp. 280, 283, 346, 404.
[740] Ballagh, _op. cit._, pp. 27–37. The status of servitude had
distinct recognition in statute law as follows: Virginia, 1619;
Massachusetts, 1630–1636; Maryland, 1637; Connecticut, 1643; Rhode
Island, 1647; North Carolina, 1665; Pennsylvania, 1682; Georgia, 1732.
Ballagh, _op. cit._, p. 36.
[741] Bartram, _Retrographs_, p. 42.
[742] _The Statutes at Large of South Carolina_, vii, p. 352. The act
was repeated in 1722. _Ibid._, vii, p. 371.
[743] Hurd, _op. cit._, i, p. 225. Not until 1772 did the highest
English court declare the common law of England incompatible with
slavery, and neither recognizing nor permitting its existence in
England. The decision had no relation to the colonies.
[744] Wheeler, _op. cit._, p. 15. Had there been any objection raised
by the mother country to the enslavement of Indians on the ground of
illegality, the colonists could have fallen back on the recognized
right of enslaving captives in war. By a legal fiction the Indians
could at any time have been considered in a state of war, their lands
confiscated and their persons seized and held for disposal at the
pleasure of the whites. Such was the legal argument used by England in
justification of enslaving the African negroes.
[745] For a discussion of the neglect to define the Indians’ rights in
the various letters patent and charters, see the _Eighteenth Annual
Report of the Bureau of American Ethnology_, pt. ii, p. 550.
[746] _Massachusetts Historical Society Collections_, series 3, i, p.
27, contains a bill of sale of an Indian man, given by Governor John
Winthrop of Massachusetts to John Mainford of Barbadoes.
[747] As typical examples of this kind of advertisement, see _Boston
Gazette_, December 15, 1718; _Pennsylvania Gazette_, March 7, 1732;
_New England Weekly Journal_, March 5, 1733; _Boston News Letter_,
August 20, 1711; January 5, 1719; December 28, 1720.
[748] _Boston News Letter_, July 2, 1711; October 11, 1708; October
6, 1737; February 11, 1717; November 22, 1708; May 24, 1714; _Boston
Gazette or Weekly Journal_, November 15, 1748; _New England Weekly
Journal_, February 24, 1729.
[749] Stiles, _A History of the City of Brooklyn_, etc., i, p. 233;
_New York Mercury_, June 12, 1758.
[750] _Early Records of Portsmouth_, p. 434; Currier, _History of
Newbury_, p. 254.
[751] Winthrop, _Life and Letters of John Winthrop_, ii, p. 252;
Winsor, _The Memorial History of Boston_, i, p. 489.
[752] See _South Carolina Historical and Genealogical Magazine_, vii,
p. 169, (1691); x, p. 85, (1694); v, p. 98, (1710); v, p. 164, (1730);
vi, p. 173, (1732); v, p. 105, (1734); vi, p. 117, (1735); v, p. 218,
(1753); v, p. 113, (1765); viii, p. 214, (1769); vi, p. 25, (1802).
[753] _Charleston Year Book_, 1900, p. 42 (appendix), cites a will in
New London, Connecticut (1711) disposing of Indian slaves. Schuyler,
_Colonial New York_, ii, p. 293, cites the will of Arient Schuyler,
December, 1724, bequeathing to each of his two daughters an Indian
slave woman. February 7, 1690, South Carolina passed a law that slaves
should descend by inheritance like any other property. _The Statutes at
Large of South Carolina_, vii, p. 343.
[754] See Weeden, _Economic History of New England_, i, p. 292.
[755] See _Early Records of Providence, Rhode Island_, xvi, p. 244.
[756] _The Statutes at Large of South Carolina_, vii, p. 343.
[757] Bacon, _Laws of Maryland_, etc. Both these laws related to slaves
in general, and did not specify either negro or Indian slaves.
[758] Mason, _A Brief History of the Pequot War_, etc., in Orr, _op.
cit._, p. 39.
[759] Mayhew, _op. cit._, p. 26.
[760] Coffin, _A Sketch of the History of Newbury_, etc., p. 153.
[761] This was the first newspaper in the colonies.
[762] _Boston News Letter_, August 6; August 13; August 20, 1711.
[763] _Ibid._, August 6, 1711.
[764] _Ibid._, April 7, 1718; May 23, 1745; July 4, 1751; _Boston
Gazette and Weekly Journal_, November 1, 1743; _New York Gazette_, July
23; August 6; August 20, 1733; February 13, 1739; _Boston News Letter_,
October 30, 1760; November 6, 1760; November 28, 1760.
[765] _Boston News Letter_, March 2, 1732; October 4, 1739; June 28,
1750; _New England Weekly Journal_, October 16, 1727; _New England
Courant_, August 19, 1723; _Pennsylvania Mercury_, August 28, 1729;
_Pennsylvania Journal_, June 18, 1767; _New York Gazette_, June 24;
July 8; July 15; July 29; August 12; August 26, 1734; _New York Weekly
Mercury_, October 27, 1740; November 3; November 10, 1740; May 30; June
13, 1757.
[766] _Boston News Letter_, October 7, 1742; August 23, 1744; _New York
Mercury_, June 12, June 19, June 26, July 3, 1758.
[767] _Boston News Letter_, November 10, 1748; _Boston Post Boy_, July
25, 1743.
[768] _Boston Post Boy_, July 6, 1752; July 18, 1753; _Boston Gazette_,
August 1, 1749.
[769] _Boston Post Boy_, May 2, 1743; July 2, 1750; August 6, 1750;
_New England Courant_, June 17, 1723; _Boston Weekly Mercury_, October
2, 1735; _New York Weekly Mercury_, August 16, 1756.
[770] _Boston Post Boy_, February 11, 1745; April 15, 1751.
[771] _Boston Post Boy_, December 5, 1748.
[772] _Pennsylvania Gazette_, October 5, 1738.
[773] _Pennsylvania Mercury_, July 30, 1730.
[774] _Boston News Letter_, August 6; August 13; August 20, 1711;
_American Weekly Mercury_, May 24, 1726; _New York Weekly Mercury_,
June 12; June 19; June 26; July 3, 1758. _Boston Gazette_, April 7,
1718.
[775] _Boston News Letter_, September 10, 1711.
[776] _Connecticut Colonial Records_, iv, p. 40.
[777] Nevill, _Acts of the General Assembly of the Province of New
Jersey_, pp. 18, 22.
[778] _The Statutes at Large of South Carolina_, vii, p. 343.
[779] _Messages from the Governors of New York State_, i, p. 116.
[780] Weise, _The History of the City of Albany_, etc., p. 209.
[781] _The Statutes at Large of Pennsylvania_, iv, p. 62.
[782] Hening, _op. cit._, iii, p. 217.
[783] _The Statutes at Large of South Carolina_, vii, p. 343.
[784] Drake, _The Book of the Indians_, etc., ninth edition, pp. 60–70;
Winthrop, _Journal_, i, p. 267; ii, p. 8, in _Original Narratives of
Early American History_.
[785] Lechford, _Note Book kept in Boston, Massachusetts Bay, from 1638
to 1641_, p. 434.
[786] O’Callaghan, _Calendar of Historical Manuscripts_, pt. ii, p. 433.
[787] _North Carolina Colonial Records_, ii, pp. 315, 534, 536, 570,
674; iii, p. 218; xi, pp. 10, 23.
[788] _Plymouth Colony Records_, ix, pp. 6–7. This was the first
fugitive slave law in America.
[789] Hazard, _Historical Collections_, etc., ii, p. 63; _Plymouth
Colony Records_, ix, p. 71. See full text of the resolution, p. 207.
[790] _Plymouth Colony Records_, ix, p. 64; Brodhead, _History of the
State of New York_, revised edition, i, p. 429.
[791] _Plymouth Colony Records_, ix, p. 64.
[792] _Ibid._, x, p. 348; Shurtleff, _op. cit._, iv, pt. ii, p. 473;
Hurd, _The Law of Freedom and Bondage in the United States_, i, p. 269.
[793] _New York Colonial Documents_, v, pp. 793, 796.
[794] _Pennsylvania Archives_, series 1, xii, p. 280.
[795] Baylies, _An Historical Memoir of the Colony of New Plymouth_,
ii, pt. iv, p. 39.
[796] _North Carolina Colonial Records_, ii, p. 2.
[797] _Massachusetts Manuscript Records_, vol. xxx.
[798] _Records of the Court of Assistants of the Colony of
Massachusetts Bay_, i, p. 259.
[799] _North Carolina Colonial Records_, xii, pp. 138–139, 302.
[800] _Ibid._, ii, pp. 95, 97, 113–114.
[801] Ballagh, _A History of Slavery in Virginia_, pp. 39–40.
[802] _The Statutes at Large of South Carolina_, vii, pp. 343–344.
[803] Hewat, _op. cit._, i, p. 314.
[804] McCrady, _Slavery in the Province of South Carolina_, in _Annual
Report of the American Historical Association_, 1895, p. 645.
[805] _The Statutes at Large of South Carolina_, vii, p. 397.
[806] _The Statutes at Large of South Carolina_, ii, p. 207. The act
of 1704, seeking to correct any misinterpretation of a former tax act,
specifies white servants among the property serving as a basis for
taxation, but does not mention slaves. _Ibid._, ii, p. 264.
[807] Williamson, _The History of North Carolina_, i, p. 122.
[808] Raper, _North Carolina, A Study in English Colonial Government_,
p. 147.
[809] _William and Mary College Quarterly_, viii, p. 160. At first only
free white persons were tithables. The law of 1645 provided for a tax
on tithables and tithable persons. Hening, _op. cit._, i, p. 306.
[810] Ballagh, _op. cit._, p. 35.
[811] Hening, _op. cit._, ii, p. 454.
[812] _Ibid._, ii, p. 84.
[813] _Ibid._, ii, p. 170.
[814] _Ibid._, p. 296.
[815] _Ibid._, ii, p. 492.
[816] _Ibid._, ii, p. 283. The act doubtless referred to Indians
imported from the West Indies or Spanish South America.
[817] _Ibid._, ii, p. 346.
[818] Hening, _op. cit._, i, pp. 396, 471.
[819] Ballagh, _op. cit._, p. 63.
[820] Hening, _op. cit._, iii, p. 133.
[821] _Ibid._, v, p. 432; Ballagh, _op. cit._, p. 67.
[822] Ballagh, _op. cit._, p. 72. A curious case shows the owner of an
Indian slave in Bristol Parish, Virginia, petitioning the vestry of
the parish, 1730, to grant that such Indian slave might be exempted
from the parish levy as he was sick and unable to work. The petition
was granted. _Vestry Book and Register of Bristol Parish, Virginia_,
1720–1789, p. 49.
[823] _Acts and Resolves_, i, p. 92.
[824] _Ibid._, i, p. 167.
[825] _Ibid._, i, p. 214.
[826] _Ibid._, i, pp. 240, 258.
[827] _Ibid._, i, pp. 278, 302.
[828] _Ibid._, i, pp. 337, 359.
[829] Moore, _Notes on the History of Slavery in Massachusetts_, p. 62;
Douglas, _The Financial History of Massachusetts, etc._, p. 31.
[830] The laws are given in _Acts and Resolves_, i, ii, iii, and iv.
[831] See laws of 1707 and 1718.
[832] See laws of 1695 and 1707.
[833] Moore, _op. cit._, p. 64; Sewall’s _Diary_, in _Massachusetts
Historical Society Collections_, series 5, vii, p. 87; Coffin, _A
Sketch of the History of Newbury_, etc., p. 188.
[834] Laws of 1758 and 1777 in _The Statutes at Large of South
Carolina_, iv, pp. 116, 365. These laws serve as examples of the
various tax acts.
[835] _The Statutes at Large of South Carolina_, iii, p. 77.
[836] _New York Colonial Laws_, edition of 1894, i, pp. 682–683.
[837] _Ibid._, ii, pp. 877, 881.
[838] Baird, _History of Rye_, p. 202.
[839] _Ibid._, p. 182.
[840] _The Statutes at Large of South Carolina_, ii, p. 153.
[841] _Ibid._, iii, p. 196.
[842] _Ibid._, iii, p. 196.
[843] _South Carolina Public Records_, xviii, 1736–1737; _B. P. R. O._,
S. C., B. T., viii, p. 37.
[844] _The Centennial of Incorporation of Charleston, South Carolina_,
p. 210.
[845] By the terms of the act this duty was to continue three years.
Hening, _op. cit._, iii, p. 193; _Virginia Historical Society
Collections_, new series, vi, p. 10. All enactments which increased the
duties were vetoed by the crown.
[846] Hening, _op. cit._, iii, p. 482; _Letters of Governor Spotswood_,
in _Virginia Historical Society Collections_, new series, i, p. 52;
Ballagh, _op. cit._, p. 14.
[847] _Records of the Colony of Rhode Island and Providence
Plantations_, iv, p. 134. Exceptions were sometimes made to this law.
During the Yamasee War in South Carolina, many of the planters left the
colony. Several ladies came to Rhode Island bringing with them their
Indian slaves. On their petition, the assembly voted, June 13, 1715,
to relieve them from the import duties on their slaves. Arnold, _op.
cit._, ii, p. 55; _Records of the Colony of Rhode Island and Providence
Plantations_, iv, p. 186. A similar instance occurred in August of the
same year. Arnold, _op. cit._, ii, p. 57; _Records of the Colony of
Rhode Island and Providence Plantations_, iv, p. 197.
[848] _Laws of New Hampshire_, edition of 1711, p. 53. Since New
Hampshire did not afford as ready a market for the sale of the southern
Indians, because of its small population, the duty was doubtless more
nearly prohibitive than in the case of Rhode Island.
[849] _Pennsylvania Statutes at Large_, ii, pp. 433, _et seq._;
_Pennsylvania Historical Society Memoirs_, i, p. 389; _Votes and
Proceedings of the House of Representatives of the Province of
Pennsylvania_, ii, pp. 112, 114; _Pennsylvania Colonial Records_, ii,
pp. 550, 553. A special officer was appointed to have charge of this
matter of imported Indians and negroes, and given special directions
regarding the duties of his office. The act was repealed by the crown,
February 20, 1714. _Pennsylvania Colonial Records_, ii, p. 546.
[850] Allinson, _Acts of the General Assembly of the Province of New
Jersey_, p. 31. By the terms of the act, the duty was to continue seven
years, beginning June 1, 1714.
[851] _New Jersey Archives_, first series, xv, p. 30.
[852] _Ibid._, first series, xv, p. 351.
[853] _Ibid._, first series, xv, pp. 384, 385.
[854] Allinson, _Acts of the General Assembly of the Province of New
Jersey_, p. 315.
[855] Ballagh, _op. cit._, p. 14.
[856] Pennsylvania, January 12, 1706, passed an act for the purpose
of meeting government expenses. Negroes were enumerated among the
commodities on which duties were laid. No mention was made of Indians.
_Pennsylvania Statutes at Large_, ii, p. 280.
[857] _New York Colonial Laws_, edition of 1894, i, pp. 484, 487.
[858] _Ibid._, i, p. 588.
[859] _Ibid._, i, p. 1013.
[860] _Ibid._, i, p. 677. On October 11, 1709, the act was amended with
regard to its enforcement. _Ibid._, i, p. 736.
[861] _Ibid._, i, p. 803.
[862] _Ibid._, i, p. 899.
[863] _New York Colonial Laws_, edition of 1894, i, p. 1012.
[864] _Ibid._, ii, pp. 255, 310.
[865] _Ibid._, ii, p. 772.
[866] _Ibid._, ii, p. 877.
[867] _Ibid._, ii, p. 1048.
[868] _Ibid._, ii, p. 1049.
[869] _New York Colonial Laws_, edition of 1894, ii, p. 1049. The act
also provided technical arrangements for settling disputes regarding
the ages of the slaves, the exemption from duty if the slave should die
within a period of thirty days after arrival, the receipt issued for
such duty by the treasurer, and precautions to prevent smuggling.
[870] _Ibid._, iii, p. 2.
[871] _Ibid._, iii, p. 32.
[872] _Ibid._, iii, p. 88.
[873] _Ibid._, iii and iv. New York, like Virginia, sought to avoid
the veto of the home government to these laws by giving them a short
term of existence, usually one year. And generally New York was more
successful than Virginia. But the home government was not always
satisfied by such provisions as is witnessed by the Privy Council’s
rejection of the act of 1735 levying a duty on negro and Indian slaves,
_New York Colonial Documents_, vi, p. 33.
[874] _The Statutes at Large of South Carolina_, ii, p. 201. Duties
were also levied by the act upon skins and furs.
[875] _Indian Book_, 1710–1718, in Columbia, South Carolina, Historical
Commission Department, i, p. 19.
[876] Hawks, _History of North Carolina_, etc., second edition, ii, p.
229; Brickell, _The Natural History of North Carolina_, etc., p. 42.
[877] Hewat, _op. cit._, i, p. 128; Schaper, _Sectionalism in South
Carolina_, p. 283.
[878] Cotton Mather kept an Indian prisoner to serve as a guide.
_Magnalia_, edition of 1820, ii, p. 507.
[879] Lyford, _History of Concord, New Hampshire, from the Original
Grant_, etc., ii, p. 1051; Goodwin, _The Pilgrim Republic_, p. 191.
[880] One of these Indians who became a slave in the family of Mr.
Richard Calicott of Dorchester, was afterward the tutor of John Eliot
when the latter was learning the Indian language in preparation for his
missionary work. Winslow, _The Glorious Progresse of the Gospel among
the Indians of New England_, etc., in _Massachusetts Historical Society
Collections_, series, 3, iv, p. 90; Tooker, _Cockenoe-de-Long-Island_,
p. 12.
[881] _Boston Gazette or Weekly Journal_, November 15, 1748.
[882] _New England Weekly Journal_, March 5, 1733.
[883] _Boston News Letter_, January 5, 1719.
[884] _Boston News Letter_, November 15, 1708.
[885] _Pennsylvania Gazette_, March 7 and March 16, 1732.
[886] _American Weekly Mercury_, April 10, 1729. In 1715, Massachusetts
granted an exception to the law against the importation of Indian
slaves to a gentleman from South Carolina, so that his Indian slave
attendant might accompany his family to Massachusetts. _Acts and
Resolves_, ix, p. 412.
[887] Ewell, _The Story of Byfield_, p. 88.
[888] Channing, _The Narragansett Planters_, p. 10, in _Johns Hopkins
University Studies_, iv.
[889] _Boston News Letter_, March 11, 1717.
[890] _Boston News Letter_, April 12, 1714.
[891] _Boston News Letter_, May 24, 1714.
[892] _Boston News Letter_, June 18 and June 25, 1724.
[893] _Nineteenth Annual Report of the Bureau of American Ethnology_,
1897–1898, p. 233.
[894] Hewat, _op. cit._, i, p. 157.
[895] _Boston News Letter_, March 21, 1715.
[896] _Boston News Letter_, July 23, 1716.
[897] _Boston Post Boy_, May 2, 1743.
[898] _New York Gazette_, June 24, 1734.
[899] Lawson, _A New Voyage to Carolina_, etc., p. 172.
[900] _Public Records of South Carolina_, xxi, 1743–1744, p. 333; _B.
P. R. O._, _S. C., B. T._, vol. xiii, H., p. 36.
[901] _The Statutes at Large of South Carolina_, vii, p. 363.
[902] _Ibid._, vii, p. 393.
[903] _Ibid._, vii, p. 409.
[904] Bacon, _Laws of Maryland_.
[905] _Minutes of the Common Council of the City of New York_, iv, p.
85.
[906] _Massachusetts Historical Society Collections_, series 3, iv, p.
188.
[907] _Calendar of State Papers_, colonial series, v, p. 361.
[908] Northrup, _Slavery in New York_, in _New York State Library
Bulletin, History_, 1900, No. 4. The French considered these slaves as
spoils of war which became the property of the captors exactly as if
they were guns or any other implements. They were sent to “Montinisco”
(Martinique) and sold there for the benefit of the planters.
[909] Northrup, _op. cit._, in _New York State Library Bulletin,
History_, May, 1900, No. 4.
[910] _Minutes of the Common Council of the City of New York_, i, pp.
329, 354.
[911] Porter, _Historical Notes of Connecticut_, No. 2, p. 13.
[912] _The Statutes at Large of South Carolina_, vii, p. 347.
[913] _Ibid._, iii, p. 109. South Carolina, however, did not favor the
traders using their Indian slaves to wage war without the authority
of the colonial government. Among the instructions given the traders
was this one: “You shall not permit or allow any of your slaves to go
to war on any pretence whatever.” _Indian Book_, 1710–1718, Columbia,
South Carolina Historical Commission Department, i, p. 19.
[914] _Records of the Colony of Rhode Island and Providence
Plantations_, viii, pp. 359–361.
[915] Bacon, _Laws of Maryland_.
[916] _The Statutes at Large of South Carolina_, ii, p. 636.
[917] Usher, _History of the Town of Medford, Middlesex County,
Massachusetts_, etc., p. 352; _Proceedings of the American Antiquarian
Society_, 1885–1887, new series, iv, p. 214; Field, _Provincial
Courts of New Jersey_, pp. 130–131; Washburn, _Historical Sketches of
Leicester_, p. 51.
[918] It is recorded of the Rev. Peter Thacher of Milton,
Massachusetts, in 1679, that he beat his Indian slave severely for
letting his daughter, Theodora, fall on her head. Earle, _Customs and
Fashions in Old New England_, p. 84; Sheldon, _History of Deerfield_,
ii, p. 888.
[919] _Boston Gazette_, April 7, 1718.
[920] _Boston News Letter_, October 4, 1739.
[921] _Boston News Letter_, May 23, 1745.
[922] _Boston News Letter_, October 30, 1760.
[923] _Boston Post Boy_, July 6, 1752.
[924] _Boston Weekly Mercury_, October 2, 1735.
[925] _American Weekly Mercury_, August 28, 1729.
[926] _American Weekly Mercury_, May 24, 1726.
[927] Hawks, _History of North Carolina_, etc., second edition, ii, p.
577.
[928] The Rev. Peter Fontaine advocated intermarriage with the Indians
as a means of promoting their Christianization and civilization.
Colonel Byrd favored the plan also. Meade, _Old Churches, Ministers and
Families of Virginia_, i, pp. 82, 283–285.
[929] Hening, _op. cit._, iii, p. 87. The act also forbade the marriage
of free whites and mulattoes or negroes bond or free. Banishment was
the punishment for such a marriage.
[930] Bruce, _The Economic History of Virginia in the Seventeenth
Century_, ii, p. 38.
[931] Trott, _Laws of the British Plantations in America_, etc., p. 100.
[932] Martin, _The Public Acts of the General Assembly of North
Carolina_, i, pp. 45–46.
[933] _Archives of Maryland_, xiii, pp. 546–549.
[934] _Massachusetts Historical Society Collections_, series 5, vi, p.
143.
[935] Weeden, _Economic and Social History of New England_, i, p. 403.
[936] Bruce, _The Economic History of Virginia in the Seventeenth
Century_, ii, p. 130, says of the Indian slaves of Virginia: “The
regulations established for the management of such slaves were
practically the same as those in operation for the control of Africans.
They were brought within the scope of every measure adopted for the
protection of the negro slaves, and morally as well as materially stood
precisely upon the same footing in the view of the law.” McCrady,
_Slavery in the Province of South Carolina_, in _Annual Report of the
American Historical Association for 1895_, p. 642, states: “In South
Carolina from 1690 onward, all acts concerning slaves apply to Indians
as well as negroes.”
[937] Hening, _op. cit._, iii, p. 252.
[938] Bassett, _Slavery and Servitude in the Colony of North Carolina_,
p. 29, in _Johns Hopkins University Studies_, xiv.
[939] _The Statutes at Large of South Carolina_, vii, p. 357.
[940] _Ibid._, vii, pp. 375–376.
[941] _Ibid._, vii, p. 389.
[942] Bassett, _op. cit._, pp. 29–30, in _Johns Hopkins University
Studies_, xiv.
[943] Hening, _op. cit._, iii, p. 298.
[944] _Ibid._, iv, p. 327.
[945] Maxcy, _Laws of Maryland_, i, p. 140.
[946] Hurd, _The Law of Freedom and Bondage in the United States_, p.
281. This act does not specifically mention Indian slaves.
[947] _Laws of New Hampshire_, edition of 1771, p. 101.
[948] Bruce, _The Economic History of Virginia in the Seventeenth
Century_, i, p. 673.
[949] Drake, _The Book of the Indians_, ninth edition, bk. iii, p. 16.
[950] Chitwood, _Justice in Colonial Virginia_, p. 99, in _Johns
Hopkins University Studies_, xxxiii.
[951] Hening, _op. cit._, viii, pp. 137–138.
[952] Aler, _History of Martinsberg and Berkeley Counties, West
Virginia_, pp. 200, 201.
[953] _Massachusetts Historical Society Collections_, series 3, iv,
p. 48. A Spanish Indian slave was tried and acquitted by the Court of
Assistants of Massachusetts Bay, in 1676. _Records of the Court of
Assistants of Massachusetts Bay_, i, p. 15. Sewall mentions Indians
(probably free Indians) tried, condemned and executed for crimes in
Massachusetts in 1709. Sewall’s _Diary_, in _Massachusetts Historical
Society Collections_, series 5, vi, pp. 264, 265.
[954] Hough, _Papers relating to the Island of Nantucket_, etc., p. 50.
[955] Nevill, _Acts of the General Assembly of the Province of New
Jersey_, i, p. 19.
[956] Allinson, _Acts of the General Assembly of the Province of New
Jersey_, p. 309. Another act passed in 1768 provided for the trial in
specified courts of slaves convicted of certain crimes. Indian slaves
were not directly mentioned. Allinson, _op. cit._, p. 308; _New Jersey
Archives_, series 1, xvii, p. 486; xxvi, p. 163.
[957] _New York Colonial Laws_, edition of 1894, i, p. 766.
[958] _Ibid._, ii, pp. 684–685.
[959] Nevill, _op. cit._, i, p. 21. The act was repealed, May 10, 1768.
Allinson, _op. cit._, p. 309.
[960] _The Statutes at Large of South Carolina_, vii, p. 369. By this
act nothing was awarded the owner if the slave was executed for murder.
[961] Bacon, _Laws of Maryland_. Other Maryland acts of 1737, 1740,
1744, 1747, 1751, 1754, 1757, and 1762, required that the full adjudged
value be paid the owner of any slave executed by law. Bacon, _op. cit._
[962] Massachusetts, 1703, _Acts and Resolves_, i, p 535; Rhode Island,
1704, _Rhode Island Historical Society Collections_, vii, p. 230; 1750,
_Records of Rhode Island and Providence Plantations_, v, p. 320; and
1770. _Rhode Island Laws_, edition of 1772, pp. 24, 25; Block Island,
1709, Livermore, _A History of Block Island from its Discovery_, etc.,
p. 61; New Hampshire, 1714, _Laws of New Hampshire_, edition of 1771,
p. 52. Connecticut, in 1750, forbade Indian slaves being abroad after
nine o’clock at night without the owner’s permission. _Acts and Laws
of Connecticut_, edition of 1750, p. 230. New York City, in 1713,
stated the latest time at which Indian slaves could be away from home
without their masters’ permission as one hour after sunset. _Minutes
of the Common Council of the City of New York_, iii, p. 177; and 1751,
_Ibid._, iv, p. 87. Rhode Island, 1667, forbade any Indian to walk
about in the night time. Livermore, _op cit._, 61. New Jersey, 1713,
forbade any negro, Indian or mulatto slave to go five miles from home
without his master’s permission. Nevill, _op. cit._, i, p. 21.
[963] Massachusetts, during King Philip’s War, Baylies, _op. cit._,
pt. iii, p. 189; Block Island, 1675, Livermore, _op. cit._, p. 60;
New Hampshire, 1689, _Laws of New Hampshire_, edition of 1904. i, p.
288 (The act referred simply to Indians without specifying bond or
free); the city of Albany, 1686, Munsell, _Annals of Albany_, viii,
296; New York City, 1683, _Minutes of the Common Council of the City
of New York_, i, 134; Pennsylvania, 1721, _The Statutes at Large of
Pennsylvania_, iii, p. 254.
[964] Massachusetts, 1693, _Acts and Resolves_, i, p. 156; New York,
1715, _New York Colonial Laws_, edition of 1894, i, pp. 157, 519; New
Jersey, 1682 and 1713, Leaming and Spicer, _Grants and Concessions_, p.
254; Nevill, _op. cit._, i, p. 18.
[965] Winsor, _The Memorial History of Boston_, ii, p. 485.
[966] Moore, _Notes on the History of Slavery in Massachusetts_, p. 191.
[967] _Connecticut Colonial Records_, i, p. 349; Stiles, _The History
and Genealogies of Ancient Winsor_, i, p. 434.
[968] Watson, _Annals and Occurrences of New York City and State_, p.
158.
[969] Weise, _The History of the City of Albany_, p. 209.
[970] Dunlap, _History of the New Netherlands_, etc., ii, appendix, p.
clxiii.
[971] The slave code of South Carolina was more elaborate than that of
any other colony. But the various laws relating to trial and punishment
of slaves make no mention of Indian slaves, though as has been seen,
Indian slaves were more numerous in that colony than elsewhere.
[972] Martin, _The Public Acts of the General Assembly of North
Carolina_, 1715–1803, i, p. 50.
[973] Nevill, _op. cit._, i, p. 19.
[974] Allinson, _op. cit._, p. 308. By the terms of the act, the court
could, if it thought best, inflict punishment other than death for some
of these crimes.
[975] Winthrop, _Journal_, in _Original Narratives of Early American
History_, i, p. 226.
[976] _New England Courant_, June 17, 1723; _Pennsylvania Gazette_,
October 12, 1738; _American Weekly Mercury_, August 28, 1729, and
August 6, 1730; _New England Weekly Journal_, December 2, 1728. These
marks may, in some instances, have been tattooed for decorative
purposes. The South Carolina acts of 1712 decreed branding as
punishment for specified crimes committed by “slaves.” _The Statutes at
Large of South Carolina_, vii, pp. 359–360, 374, 376, 377.
[977] Martin, _The Public Acts of the General Assembly of North
Carolina_, 1715–1803, i, p. 50.
[978] _The Statutes at Large of Pennsylvania_, iii, p. 254.
[979] _Ibid._, v, p. 109.
[980] Nevill, _op. cit._, i, p. 22.
[981] _Minutes of the Common Council of the City of New York_, i, p. 92.
[982] _Ibid._, i, p. 134.
[983] _Ibid._, iii, p. 30.
[984] _Ibid._, iv, p. 50. The whipping was to be given, if desired, by
the master or owner of the slave.
[985] _Ibid._, iii, p. 177.
[986] _Ibid._, iv, p. 87.
[987] _Ibid._, iv, p. 88.
[988] _Minutes of the Common Council of the City of New York_, iv, p.
89.
[989] _Ibid._, vi, p. 157.
[990] _Ibid._, vi, p. 177. The city ordinances were usually continued
one year and were then renewed. In this way the ordinances mentioned
were in many cases continued into the Revolutionary period. The
records of the early eighteenth century show the frequent punishment
of “slaves, negroes and Indians” for being out too late at night,
collecting in too large groups, noisy reveling and gambling. On such
occasion the owner of the slaves was fined. Watson, _Annals and
Occurrences of New York City and State_, etc., p 162.
[991] _Acts and Laws of Connecticut_, edition of 1750, p. 240.
[992] _Ibid._, p. 230.
[993] _Acts and Resolves_, i, p. 156.
[994] _The Medford Historical Register_, iii, 1900, No. 3, p. 121. The
master also was to be fined for his negligence.
[995] Livermore, _A History of Block Island from its Discovery_, etc.,
p. 61.
[996] The South Carolina act of 1690 provided various sorts of
mutilation for any slave convicted of specified crimes. _The Statutes
at Large of South Carolina_, vii, pp. 359–360.
[997] Martin, _The Public Acts of the General Assembly of North
Carolina_, 1715–1803, i, p. 50.
[998] _Massachusetts Historical Society Proceedings_, series 2, xiii,
p. 252.
[999] _Laws of New Hampshire_, edition of 1904, i, p. 117.
[1000] Weise, _The History of the City of Albany_, p. 209.
[1001] _New York Colonial Manuscripts, Instructions_, etc., 1660,
quoted in Baird, _History of Rye_, p. 185.
[1002] The instructions to Governor Dongan, 1686; Andros, 1688;
Sloughter, 1689; Fletcher, 1691–1699; Bellomont, 1709, of New York;
Cornbury of New Jersey, 1702, are cases in point.
[1003] Morgan Godwyn, writing to Governor Berkeley of general religious
conditions in Virginia, says: “All things concerning the church and
religion were left to the mercy of the people. And, last of all, to
propagate Christianity among the heathen, whether natives or slaves
brought from other ports, although (as must piously be supposed) it
were the only end of God’s discovering these countries to us, yet is
that lookt upon by our new race of Christians, so idle and ridiculous,
so utterly needless and unnecessary, that no man can forfeit his
judgment more than by any proposed looking or tending that way.”
Tiffany, _History of the Protestant Episcopal Church in the United
States_, p. 33.
[1004] Incorporated June 16, 1701.
[1005] Humphreys, _An Historical Account of the Incorporated Society
for the Propagation of the Gospel in Foreign Parts_, p. 90.
[1006] _South Carolina Historical and Genealogical Magazine_, v, p. 26.
The Society ordered the secretary to lay the matter before the Bishop
of London and ask his lordship’s advice regarding such abuse.
[1007] _Ibid._, v, p. 37.
[1008] _Ibid._, v, p. 47.
[1009] _Ibid._, v, p. 98. Mr. Thomas was appointed in 1702 the first
missionary of the Society in South Carolina.
[1010] Hawkins, _Historical Notices of the Missions of the Church of
England in the North American Colonies_, pp. 50, 73.
[1011] Letter of Le Jau, February 18, 1708–1709, to the Society for the
Propagation of the Gospel in Foreign Parts. Humphreys, _op. cit._, pp.
83, 84.
[1012] Letter of Le Jau, June 13, 1710, to the S. P. G. F. P.
[1013] Letter of Le Jau, February 20–21, 1711, to the S. P. G. F. P.
[1014] Letter of Le Jau, September 5 and 18, 1711, to the S. P. G. F. P.
[1015] Letter of Le Jau, December 11, 1712, to the S. P. G. F. P.
[1016] Letter of Le Jau, October 20, 1709, to the S. P. G[. F P.]
[1017] Letter of Haskell, March 12, 1711, to the S. P. G. F. P.
[1018] Letter of Haskell, September 4, 1711, to the S. P. G. F. P.
[1019] _Records of the Society for the Propagation of the Gospel in
Foreign Parts_, vol. xxiii, bk. vii.
[1020] Letter of Dunn, April 21, 1707, to the S. P. G. F. P.
[1021] Letter of Sharpe, June 23, 1712, to the S. P. G. F. P.
[1022] Letter of Neau, July 4, 1704, to the S. P. G. F P.
[1023] Letter of Neau, August 29, 1704, to the S. P. G. F. P.
[1024] Letter of Chuardens, July 15, 1726, to the S. P. G. F. P.
[1025] Kennet, _An Account of the Society for Propagating the Gospel in
Foreign Parts_, etc., p. 61.
[1026] _Ibid._, p 61.
[1027] _Journal of the Society for the Propagation of the Gospel in
Foreign Parts_, vol. i, April 19, 1705–1706.
[1028] Perry, _Historical Collections relating to the American Colonial
Church_, i, p. 344; Meade, _Old Churches, Ministers and Families of
Virginia_, i, p. 265.
[1029] Poore, _The Federal and State Constitutions. Colonial Charters_,
etc., ii, pp. 1407, 1408.
[1030] Trott, _Laws of the British Plantations in America_, etc., p. 17.
[1031] Ramage, _Local Government and Free Schools in South Carolina_,
p. 12, in _Johns Hopkins University Studies_, i.
[1032] _The Statutes at Large of South Carolina_, vii, pp. 364–365.
[1033] Hening, _op. cit._, i, p. 410.
[1034] _William and Mary College Quarterly_, vi, p. 215; Hening, _op.
cit._, ii, p. 155.
[1035] Hening, _op. cit._, ii, p. 260.
[1036] _Ibid._, ii, p. 283.
[1037] _Ibid._, ii, p. 491. The testimony of the Reverend Hugh Jones,
chaplain of the Virginia assembly, shows that the colonists, even
after such legislative action, did not approve of the baptizing of
Indians and negroes as they thought it made them proud and not so
good servants. Jones, however, declared that these objections could
be easily refuted “if the persons be sensible, good and understand
English, and have been taught (or are willing to learn) the principles
of Christianity and if they be kept to the observance of it afterward,
for Christianizing encourages and orders them to become more humble and
better servants and not worse than when they were heathen.” Jones, _The
Present State of Virginia_, in Sabin’s _Reprints_, No. 5, p. 70.
[1038] Trott, _Laws of the British Plantations in America_, etc., p.
142.
[1039] The parish register of St. Peters, New Kent County, Virginia,
1680–1787. pp. 53 and 64, mentions the deaths of two Indian slaves in
1722 and 1723, but records no births or marriages.
[1040] _Archives of Maryland_, xiii, p. 505.
[1041] _Ibid._, xix, p. 32.
[1042] Bacon, _Laws of Maryland_.
[1043] _Ibid._
[1044] Trott, _op. cit._, p. 257.
[1045] Morgan, _Slavery in New York_, in _Historic New York_, i, p. 8.
[1046] _New York Colonial Documents_, iii, p. 415.
[1047] Brodhead, _op. cit._, first edition, ii, p. 486. This act merely
confirmed previous legislation in 1680.
[1048] _Ibid._, first edition, ii, p. 509. This confirmed the
legislation of the previous year.
[1049] _Ibid._, first edition, ii, p. 510.
[1050] _New York Colonial Documents_, iv, p. 510.
[1051] Morgan, _op. cit._, in _Historic New York_, ii, p. 20; _Laws of
New York_, edition of 1752, p. 69.
[1052] Morgan, _op. cit._, in _Historic New York_, ii, p. 20.
[1053] Bolton, _History of the Protestant Episcopal Church in the
County of Westchester_, p. 228.
[1054] _Ibid._, p. 250.
[1055] _Ibid._, p. 264. The slaves in New York, as in other colonies,
did not favor giving up their Sundays to religious instruction and
observances, for they preferred to hunt and fish on this, the only day
which they had to themselves. _Ibid._, pp. 62–63.
[1056] Shurtleff, _Records of the Governor and Company of Massachusetts
Bay_, v, p. 136.
[1057] Mayhew, _Indian Converts_, p. 194.
[1058] _Ibid._, pp. 202, 222, 257.
[1059] _Plymouth Colony Records_, ii, pp. 103–104; _Medford Historical
Register_, iii, No. 3, p. 121.
[1060] Ewell, _The Story of Byfield_, p. 88.
[1061] Perry, _Historical Collections relating to the American
Episcopal Church_, ii, p. 231.
[1062] _Journal of the American Irish Historical Society_, iii, p. 57.
[1063] Johnston, _Slavery in Rhode Island_, in _Rhode Island Historical
Society Publications_, 1894, ii, p. 120.
[1064] Hurd, _op. cit._, i, p. 272; Steiner, _op. cit._, p. 16, in
_Johns Hopkins University Studies_, xvi.
[1065] Cobb, _An Historical Sketch of Slavery from the Earliest
Periods_, p. clii.
[1066] Coffin, _History of Newbury_, p. 336, cites instances in Newbury
in 1687 and 1702. Orcutt, _The History of the old Town of Derby,
Connecticut_, p. lvii, mentions a deed of manumission in Connecticut
in 1688, given to Tobie, an Indian captive of King Philip’s War.
Smith, _History of Delaware County, Pennsylvania_, p. 219, refers to
the conditional manumission of an Indian slave, three years old, born
in the family. Cotton Mather, also, promised to free an Indian slave
at the close of four years of service. _Diary_, in _Massachusetts
Historical Society Collections_, series 7, vii, p. 203.
[1067] A Virginia act of 1782 provided for the freeing of a slave
by an instrument in writing submitted by the owner. A copy of this
instrument attested by the clerk of the county court was to be given to
the manumitted slave. Any master neglecting to give such a copy to the
slave in question was liable to a fine of £10. Hening, _op. cit._, xi,
p. 39. Maryland by an act of 1752 declared that owners under ordinary
circumstances had the right to free slaves. Two witnesses were required
for the act, which must be in writing. Bacon, _Laws of Maryland_. These
acts were intended primarily to apply to negro slaves.
[1068] _Indian Book_, 1710–1718, Columbia, South Carolina, Historical
Commission Department, i, p. 19.
[1069] _Plymouth Colony Records_, iv, p. 173. By the terms of the
order, the value of the land was to be expended for defraying the
charges of printing the book “New England’s Memorial.”
[1070] Baker, _History of Montville, Connecticut_, p. 77. This woman
was given by the colonial government to Captain James Avery who sold
her to Mr. Charles Hill who in turn traded her to Uncas.
[1071] Mayhew, _Indian Converts_, p. 120.
[1072] Orcutt, _The History of the old Town of Derby, Connecticut_, p.
vii.
[1073] _The Statutes at Large of South Carolina_, vii, p. 352.
[1074] _Ibid._, vii, p. 371.
[1075] _Ibid._, vii, p. 385.
[1076] _Ibid._, vii, pp. 397–398.
[1077] Hening, _op. cit._, iv, p. 132.
[1078] Martin, _The Public Acts of the General Assembly of North
Carolina_, i, p. 66; Dillon, _Oddities in Colonial Legislation_, p. 233.
[1079] Hening, _op. cit._, ii, p. 155.
[1080] Baylies, _op. cit._, ii, pt. iv, p. 4; Freeman, _The History of
Cape Cod_, ii, p. 72.
[1081] _Massachusetts Manuscript Records_, vol. xxx.
[1082] _Plymouth Colony Records_, vi, p. 15.
[1083] _Ibid._, vi, p. 15.
[1084] _Acts and Resolves_, ix, p. 376.
[1085] Baylies, _op. cit._, ii, pt. iv, p. 109.
[1086] Hening, _op. cit._, ii, p. 280.
[1087] _New York Colonial Laws_, edition of 1894, i, p. 764.
[1088] Nevill, _Acts of the General Assembly of the Province of New
Jersey_, i, p. 23.
[1089] _The Statutes at Large of South Carolina_, vii, p. 384.
[1090] _Ibid._, vii, p. 396.
[1091] Martin, _The Public Acts of the General Assembly of North
Carolina_, i, p. 66; Dillon, _op. cit._, p. 233.
[1092] _Connecticut Colonial Records_, iii, pp. 375–376.
[1093] _Ibid._, iii, p. 408.
[1094] _Ibid._, v, p. 233.
[1095] _Connecticut Colonial Records_, xvi, p. 415.
[1096] _New York Colonial Laws_, edition of 1894, i, p. 765.
[1097] _Ibid._, i, p. 922.
[1098] Nevill, _op. cit._, i, p. 25.
[1099] Allinson, _op. cit._, p. 316.
[1100] Brain, _The Redemption of the Red Man_, p. 2, believes that the
entire Indian population of the territory now occupied by the United
States never exceeded 300,000 souls. Bancroft, _History of the United
States of America from the Discovery of the Continent_, edition of
1878, ii, p. 408, estimates the number east of the Mississippi River
and south of the St. Lawrence River and Great Lakes at not far from
180,000 at the time of the discovery. To the various tribes of the
Algonquin race he assigns 90,000; the eastern Sioux, 3000; the Iroquois
including their southern kindred, 17,000; the Catawba, 3,000; the
Cherokee, 12,000; the Chickasaw, Choctaw and Muskohgee, 50,000; the
Uchee, 1000, and the Natchez, 4,000.
[1101] Sylvester, _op. cit._, ii, p. 54.
[1102] Palfrey, _op. cit._, iii, p. 137.
[1103] Thomas, _The Indians of North America in Historic Times_, p. 60.
[1104] Parkman, _A Half Century of Conflict_, ii, p. 286.
[1105] _Year Book of the Society of Colonial Wars in the Commonwealth
of Massachusetts_, 1898, p. 110.
[1106] Bradford, _History of Plymouth Plantations_, in _Massachusetts
Historical Society Collections_, series 4, iii, p. 325.
[1107] Winthrop, _Journal_, i, pt. iii, p. 119, in _Original Narratives
of Early American History_.
[1108] Denton, _A Brief Description of New York_, etc., in Gowan,
_Bibliotheca Americana_, p. 7.
[1109] Oldmixon, _The British Empire in America_, etc., i, p. 125.
[1110] Oldmixon, _op. cit._, i, p. 141.
[1111] Arnold, _History of Rhode Island_, i, pp. 421–422.
[1112] Ferris, _A History of the Original Settlements on the Delaware
from its Discovery by Hudson to the Colonization under William Penn_,
etc., p. 83.
[1113] Archdale, _op. cit._, in Carroll, _op. cit._, ii, p. 89.
[1114] _Ibid._, ii, pp. 89, 519.
[1115] _Ibid._, ii, p. 89.
[1116] Letter of Mr. Thomas, missionary of the Society for the
Propagation of the Gospel in Foreign Parts, 1706, in _South Carolina
Historical and Genealogical Magazine_, v, p. 42.
[1117] Douglass, _A Summary, Historical and Political_, etc., i, p. 175.
[1118] Updike, _History of the Episcopal Church in Narragansett, Rhode
Island_, p. 177.
[1119] Oldmixon, _op. cit._, i, pp. 187, 189.
[1120] Jefferson, _Notes on the State of Virginia_, edition of 1787, p.
153.
[1121] _Ibid._, edition of 1787, pp. 154, 155.
[1122] Letter of Samuel Thomas, missionary in South Carolina of the
Society for the Propagation of the Gospel in Foreign Parts, 1706, in
_South Carolina Historical and Genealogical Magazine_, 1904, v, p. 42;
Letter of Henry Laurens, 1780, in Moore, _Materials for History printed
from Original Manuscripts with Notes and Illustrations_, p. 187.
[1123] Archdale, _op. cit._, in Carroll, _op. cit._, ii, pp. 88–89.
[1124] _Ibid._, ii, p. 89.
[1125] It is perhaps true that the Indians of the territory occupied
by the English colonists of America possessed certain inherent
characteristics which made them less desirable as servants or slaves
than those used by the Spaniards in Mexico and South America, and that
they had less fear and dread of the whites than the Indians farther
south.
[1126] Mason, _A Brief History of the Pequot War_, etc., in Orr, _op.
cit._, p. 39.
[1127] Mayhew, _Indian Converts_, p. 26.
[1128] Daniels, _History of the Town of Oxford, Massachusetts_, p. 44.
[1129] Dorr, _The Narragansetts_, in _Rhode Island Historical Society
Collections_, vii, p. 210; Wood, _New England’s Prospect_, Prince
Society edition, p. 73.
[1130] Dorr, _op. cit._, in _Rhode Island Historical Society
Collections_, vii, p. 233.
[1131] Force, _Tracts and other Papers relating principally to the
Origin, Settlement and Progress of the Colonies in North America_,
etc., i, p. 10.
[1132] _The Statutes at Large of South Carolina_, vii, p. 343. Other
acts were passed by South Carolina in 1712, 1735, 1740, 1743, and 1783,
relating to slave conspiracies and uprisings. The omission in these
acts of direct reference to Indian slaves is probably due to the fact
that negro slaves were in the majority.
[1133] _Ibid._, iii, p. 196.
[1134] _Acts and Resolves_, i, p. 535.
[1135] _Acts and Laws of Connecticut_, edition of 1769, p. 185; Dillon,
_Oddities in Colonial Legislation_, p. 242.
[1136] _New York Colonial Laws_, edition of 1894, i, p. 631. New York
passed other laws in 1712 and 1730 relating to the uprisings and
conspiracy of slaves.
[1137] Watson, _Annals of Philadelphia_, i, p. 62.
[1138] See above, pp. 233–240.
[1139] _Acts and Resolves_, i. p. 698.
[1140] _Connecticut Colonial Records_, v, p. 233.
[1141] _Laws of New Hampshire_, edition of 1771, p. 53.
[1142] _Records of Rhode Island and Providence Plantations_, iv, pp.
193–194.
[1143] _Report of a French Protestant Refugee in Boston, 1687_,
Fisher’s translation, p. 20.
[1144] Winsor, _The Memorial History of Boston_, i, p. 489.
[1145] Hening, _op. cit._, ii, p. 143. For a petition, October 25,
1711, to Governor Spotswood for such a permit to employ an Indian man
and woman, see _Calendar of Virginia State Papers_, i, p. 150.
[1146] Winthrop, _Journal_, i, p. 260, in _Original Narratives of Early
American History_.
[1147] Hazard, _Historical Collections_, etc., ii, p. 188.
[1148] Morton, _The New English Canaan_, in Force’s _Tracts_, ii, p. 48.
[1149] Peabody, _Life of Cotton Mather_, p. 223.
[1150] Sewall’s _Diary_, in _Massachusetts Historical Society
Collections_, series 5, vii, p. 30.
[1151] Drake, _The Book of the Indians_, ninth edition, ii, p. 111.
[1152] Winsor, _The Memorial History of Boston_, i, p. 489.
[1153] _Plymouth Colony Records_, xi, p. 59.
[1154] Gookin, _op. cit._, in _American Antiquarian Society
Collections_, 1836, ii, p. 434.
[1155] Weeden, _Economic and Social History of New England_, i, p. 433,
435, 443, 447.
[1156] _Professional and Industrial History of Suffolk County,
Massachusetts_, iii, p. 398.
[1157] _Massachusetts Historical Society Collections_, first series,
ix, p. 201. We are told that only by being “flagellated” were these
Indians made to perform their labor according to their contracts.
[1158] Steiner, _History of the Plantation of Menunkatuck_, p. 72.
[1159] _Massachusetts Historical Society Collections_, series 1, ix, p.
78.
[1160] Updike, _History of the Episcopal Church in Narragansett_, etc.,
p. 177.
[1161] _Records of the Town of Southampton, Long Island_, bk. ii, pp.
56–59, 72.
[1162] Love, _Samson Occom and the Christian Indians of New England_,
p. 5; _New England’s First Fruits_, in Sabin’s _Reprints_, quarto
edition, No. vii, p. 6.
[1163] Bruce, _Institutional History of Virginia in the Seventeenth
Century_, i, p. 5.
[1164] _Massachusetts Historical Society Collections_, series 1, ix, p.
78.
[1165] Updike, _op. cit._, p. 177.
[1166] _Plymouth Colony Records_, xi, p. 237.
[1167] _Southold Town Records_, p. 154.
[1168] Weeden, _op. cit._, i, p. 292.
[1169] The inventory of the estate of Samuel Gorton of Providence shows
that he possessed apprenticed Indian servants. _The Early Records of
the Town of Providence_, xvi, pp. 243, 244.
[1170] Walker, _History of the First Church in Hartford_, p. 255.
[1171] _New Jersey Archives_, series 1, xx, p. 111; xxvi, p. 458.
[1172] Baird, _History of Rye_, p. 192.
[1173] Hening, _op. cit._, i, p. 410.
[1174] The so called “redemptioners.”
[1175] Several hundred Scotchmen taken prisoners by Cromwell were sent
to Boston. Morton, _New England’s Memorial_, p. 86.
[1176] In New Netherland many girls from the almshouses of Holland
served as indentured servants. Van Rensselaer, _History of the City of
New York in the Seventeenth Century_, i, p. 466.
[1177] Such a request was sent to the Virginia Company in 1620.
_Abstracts of the Proceedings of the Virginia Company of London_, i, p.
92.
[1178] Penn offered on certain conditions fifty acres of land to
every servant who came with the first adventurers, and made adequate
provisions in the Charter of Laws for the servants’ protection
against being cheated or abused in any way by dishonest masters. For
a discussion of indentured servants in Pennsylvania, see Bolles,
_Pennsylvania, Province and State_, ii, pp. 173–182; Diffenderffer,
_German Immigration into Pennsylvania_, pt. iii; _Pennsylvania Magazine
of History_, xxx, p. 436; xxxi, p. 83; _Historical Addresses and Papers
of Lancaster Historical Society_, x, p. 331; _Pennsylvania Colonial
Records_, i, iii, iv, vi, vii, ix, x, xi. In 1676, the Duke of York
provided for the government, protection, and final dismissal of bond
servants in Delaware. _Pennsylvania German Society Proceedings_, x, pp.
223–224.
[1179] In 1671, Governor Berkeley estimated that 1500 white servants
were arriving annually, and at that time out of a total population
of 40,000, six thousand were indentured servants. Tucker, _Life of
Jefferson_, i, p. 14; Hening, _op. cit._, ii, p. 515. In the time of
Governor Hamilton of Pennsylvania, it was estimated that there were
60,000 imported white servants in the province. Scharf and Westcott,
_History of Philadelphia_, i, p. 190. The German immigrants more than
met the demand for servants in Pennsylvania. Virginia, Maryland and
Pennsylvania were the three great servant importing colonies.
[1180] For Connecticut, see Steiner, _History of Slavery in
Connecticut_, in _Johns Hopkins University Studies_, xi; for New
Hampshire, Sanborn, _New Hampshire_; for New Jersey, _New Jersey
Archives_, series 2, i, p. 436; for Maryland, McCormac, _White
Servitude in Maryland, 1634–1820_, in _Johns Hopkins University
Studies_, xxii; for Virginia, Ballagh, _White Servitude in the Colony
of Virginia_, in _Johns Hopkins University Studies_, xiii; for North
Carolina, Bassett, _Slavery and Servitude in North Carolina_, in _Johns
Hopkins University Studies_, xiv; for South Carolina, McCrady, _Slavery
in the Province of South Carolina, 1670–1770_, in _Annual Report of the
American Historical Association for 1895_, and Schaper, _Sectionalism
in South Carolina_; for Georgia, _Colonial Records of Georgia_, i, pp.
54, 259.
[1181] Weeden, _op. cit._, i, p. 153; Coffin, _A Sketch of the History
of Newbury_, etc., p. 337.
[1182] Sewall’s _Diary_, in _Massachusetts Historical Society
Collections_, series 5, v, p. 14.
[1183] Moore, _Notes on the History of Slavery in Massachusetts_, p. 65.
[1184] _Publications of the Ipswich Historical Society_, x, p. 29;
Waters, _Ipswich in the Massachusetts Bay Colony_, p. 217.
[1185] Bodge, _Soldiers in King Philip’s War_, p. 480; Waters, _op.
cit._, p. 217.
[1186] Earle, _Customs and Fashions in Old New England_, p. 84.
[1187] _Essex Institute Historical Collections_, i. p. 14.
[1188] Felt, _Annals of Salem_, second edition, ii, p. 416.
[1189] Currier, _History of Newbury_, p. 254; Coffin, _op. cit._, p.
188.
[1190] Coffin, _op. cit._, p. 336.
[1191] Coffin, _op. cit._, p. 336.
[1192] Currier, _op. cit._, p. 255.
[1193] _Essex Institute Historical Collections_, x, p. 79.
[1194] _Ibid._, i, p. 14.
[1195] _Ibid._, x, p. 79.
[1196] _Ibid._, xxxiv, p. 64.
[1197] Ewell, _The Story of Byfield_, p. 65.
[1198] Mather’s _Diary_ in _Massachusetts Historical Society
Collections_, series 7, vii, p. 579.
[1199] Bliss, _Side Glimpses from the Old Meeting House_, p. 16.
[1200] Staples, _Annals of Providence_, second edition, p. 171; _Rhode
Island Historical Society Publications_, i, p. 235; Richman, _op.
cit._, ii, p. 192.
[1201] _The Early Records of the Town of Portsmouth_, p. 433.
[1202] Dorr, _The Narragansetts_, in _Rhode Island Historical Society
Collections_, vii, p. 233.
[1203] Weeden, _Early Rhode Island_, p. 143.
[1204] Dorr, _op. cit._, in _Rhode Island Historical Society
Collections_, vii, p. 233.
[1205] Weeden, _op. cit._, p. 144.
[1206] _The Early Records of the Town of Providence_, xvi, p. 244.
[1207] It should be noted that the Connecticut bondmen or slaves were
often called “servants” down to about 1700. Adams and Stiles, _History
of Ancient Wethersfield_, i, p. 700; Caulkins, _History of New London_,
p. 271; _Charleston Year Book_, 1900, p. 42. (_Appendix._)
[1208] Adams and Stiles, _op. cit._, i, p. 700.
[1209] Orcutt, _op. cit._, p. lvii.
[1210] _New Jersey Archives_, series 1, xxiii, p. 20.
[1211] _Ibid._, series 1, xxiii, p. 29.
[1212] _Ibid._, series 1, xxiii, p. 37.
[1213] _Ibid._, series 1, xxiii, p. 62.
[1214] _New Jersey Archives_, series i, xxiii, p. 65.
[1215] _Ibid._, series 1, xxiii, p. 67.
[1216] _Ibid._, series 1, xxiii, 472. In these New Jersey inventories,
the Indian slaves were regarded as personal estate.
[1217] _William and Mary College Quarterly_, vi, p. 214. The “lbs.”
refer to tobacco, the medium of purchase in early Virginia.
[1218] _William and Mary College Quarterly_, vi, p. 214. This is the
deed which has already been referred to as having been set aside by the
House of Burgesses. Hening, _op. cit._, ii, p. 155. _Cf._ above, p. 270.
[1219] Hawks, _History of North Carolina_, ii, p. 577.
[1220] _North Carolina Historical and Genealogical Register_, iii, p.
270.
[1221] Williamson, _History of North Carolina_, i, p. 289.
[1222] _North Carolina Colonial Records_, ii, p. 52.
[1223] _The Statutes at Large of South Carolina_, iii, p. 77.
[1224] _Mississippi Provincial Archives, French Domination,
Correspondance Générale_, v, 1710–1715.
[1225] _Report on Canadian Archives_, 1905, i, p. 523; Margry, _op.
cit._, iv, p. 544.
[1226] It is doubtful whether any definite knowledge of the enslavement
of Indians existed in England. The public criticism of the play and
opera “Incle and Yarico,” which dealt with the capture of two Indian
girls in America and their subsequent sale in Barbadoes, because the
first scene was laid in America, tends to show a general ignorance
on the subject. This play written by Coleman and told in story by
Steele in “The Spectator,” No. 11, March 13, 1710, is supposed to have
been founded on fact. The event is described in Ligon, _History of
Barbadoes_, p. 55. The play is given in Inchbald, _British Theatre_.
[1227] _Massachusetts Historical Society Collections_, series 4, vi, p.
214.
[1228] _Massachusetts Manuscript Records_, xxx, No. 173; _Plymouth
Colony Records_, x, pp. 451–453; _New England Historical and
Genealogical Register_, vi, p. 297 and xxxii, p. 299; Winsor, _The
Memorial History of Boston_, i, p. 322.
[1229] Moore, _Notes on the History of Slavery in Massachusetts_, p.
90. In 1700, Sewall had published a protest against slavery in general
in the form of a tract: _The Selling of Joseph, a Memorial_. The
tract did not mention Indian slavery. Moore, _op. cit._, pp. 83–87;
_Massachusetts Historical Society Proceedings_, 1863–1864, pp. 161–165.
[1230] Sandiford, _The Mystery of Iniquity_, etc., p. 19.
[1231] _Ibid._, p. 96.
[1232] Sharp, _Extract from a Representation of the Injustice_, etc.,
p. 15.
[1233] _Ibid._, p. 13.
[1234] Benezet, _Some Observations on the Situation, Disposition_,
etc., p. 9. In a footnote he refers to Hunt’s kidnapping act.
[1235] _Records of the Friends’ Yearly Meeting of Pennsylvania and the
Jersies_, p. 211; Michener, _A Retrospect of Early Quakerism_, etc.,
pp. 260, 341. According to custom the action of the Yearly Meeting
was at once made known to the various Quarterly Meetings within its
jurisdiction by extracts from its minutes. Such extracts recorded
in the minutes of the various Quarterly Meetings for the year 1719
contain exactly the same expression: “And to avoid giving them occasion
of discontent, it is desired that Friends do not buy or sell Indian
slaves.”
[1236] After 1719 the records show the opposition of the Yearly Meeting
to have been expressed against slavery in general, and no mention is
made of Indian slaves, though the records sometimes read: “negroes and
other slaves.” For the action of the Yearly Meeting at various times
up to the time of the abolition of slavery in Pennsylvania in 1780,
see _Pennsylvania Historical Society Memoirs_, i, p. 392 _et seq._;
Sharpless, _A History of Quaker Government in Pennsylvania_, ii, p. 224
_et seq._; _American Society of Church Publications_, v. ii, (article
by Allen C. Thomas); Michener, _A Retrospect of Early Quakerism_, etc.;
_Pennsylvania Magazine of History_, xiii, pp. 265 _et seq._
[1237] Williamson, _The History of the State of Maine_, etc., i, p. 539.
[1238] _Cf._ above, pp. 173–174.
[1239] Cotton Mather, _Magnalia_, edition of 1820, ii, p. 507; _Diary_,
in _Massachusetts Historical Society Collections_, series 7, vii, pp.
22, 203; Increase Mather, _Ibid._, series 7, viii, p. 232; The Reverend
Mr. Brown of Haverhill (1723), Chase, _History of Haverhill_, pp. 239,
248; The Reverend Mr. Thacher of Milton (1674), Earle, _Customs and
Fashions in Old New England_, p. 84; the Reverend Mr. Callicott of
Dorchester, Tooker, _Cockenoe-de-Long Island_, p. 12; John Winthrop,
_Records of the Court of Assistants, Colony of Massachusetts Bay_,
1630–1692, ii, p. 91; Daniel Gookin, _New England Historical and_
_Genealogical Register_, viii, p. 272; Governor Berkeley of Virginia,
_William and Mary College Quarterly_, vi, p. 214; Colonel Pollock,
acting governor of North Carolina, _North Carolina Colonial Records_,
ii, p. 52; Governor West of South Carolina, Hewat, _op cit._, i, p. 74;
and Governor Moore of South Carolina, Hewat, _op. cit._, i, p. 140, are
important cases in point.
[1240] Sylvester, _op. cit._, i, p. 293; Drake, _Book of the Indians_,
ninth edition, bk. ii, p. 107.
[1241] _Massachusetts Historical Society Collections_, series 4, vi, p.
95.
[1242] _Massachusetts Historical Society Collections_, series 4, vi,
pp. 195–196.
[1243] _Ibid._, series 4, vi, p. 65.
[1244] Hening, _op. cit._, ii, p. 267.
[1245] Ballagh, _A History of Slavery in Virginia_, p. 50.
[1246] Hening, _op. cit._, iii, p. 468.
[1247] Tucker, _A Dissertation on Slavery_, p. 35; Wheeler, _A
Practical Treatise of the Law of Slavery_, p. 19.
[1248] See Ballagh, _op. cit._, p. 50, for a discussion of the
disappearance of this act. Not until 1806 was it discovered that the
act of 1705 was a repetition of that of 1691.
[1249] Ballagh, _op. cit._, p. 51; 1 _Washington_, pp. 123 (Jenkins
_v._ Tom), 233 (Coleman _v._ Dick.)
[1250] Wheeler, _op. cit._, p. 19, (Hudgins _v._ Wright).
[1251] 2 Hening and Munford, p. 149 (Pallas _v._ Hill); James, _English
Institutions and the American Indians_, p. 47, in _Johns Hopkins
University Studies_, xii.
[1252] Wheeler, _op. cit._, p. 18.
[1253] If this interpretation of the acts of 1691 and 1705 be the true
one, then they belong in the same class with the acts of the northern
colonies which were passed at the time of the Tuscarora War for the
purpose of putting an end to the importation of Indians, but which did
not aim to put an end to the status of slavery as applied to Indians.
[1254] _The Statutes at Large of South Carolina_, vii, p. 397. By
previous acts of 1712, 1722 and 1735; South Carolina had specified who
were to be slaves. _Ibid._, vii, p. 352; vii, p. 371; vii, p. 385.
[1255] 3 _Spears_, p. 128 (The State _v._ Harden, 1832): 1
_Richardson_, p. 324 (Nelson _v._ Whetmore, 1844).
[1256] O’Neall, _The Negro Law of South Carolina_, p. 5.
[1257] _Records of the Colony of Rhode Island and Providence
Plantations_, i, p. 243.
[1258] _Laws and Acts made from the First Settlement of Her Majesties
Colony of Rhode Island and Providence Plantations by the General
Assembly of said Colony_, etc., edition of 1705, p. 54; Updike,
_History of the Narragansett Church_, p. 171; Staples, _Annals of the
Town of Providence_, second edition, p. 171.
[1259] _New York Colonial Documents_, xiii, p. 537; Brodhead, _op.
cit._, first edition, ii, p. 331.
[1260] Brodhead, _op. cit._, first edition, ii, p. 331; _Minutes of the
Common Council of the City of New York_, i, p. 80.
[1261] Brodhead, _op. cit._, first edition, ii, p. 486.
[1262] _Ibid._, first edition, ii, p. 509.
[1263] _Ibid._, first edition, ii, p. 510.
[1264] O’Callaghan, _Calendar of Historical Manuscripts_, etc., pt. ii,
p. 279.
[1265] _Ibid._, pt. ii, p. 314. July 20, 1703, Thomas Newton, mariner,
made deposition that he purchased this slave at Jamaica. _Ibid._, ii,
p. 314.
[1266] _New York Colonial Documents_, v, p. 342.
[1267] _New York Colonial Documents_, v, pp. 342, 357. The Lords of
Trade regarded Hunter’s action favorably, and on August 27, 1712,
recommended to her majesty to grant a pardon to the Spanish Indians
then in prison for engaging in the conspiracy.
[1268] _Records of the Colony of Rhode Island and Providence
Plantations_, v, p. 176.
[1269] Coffin, _A Sketch of the History of Newbury_, etc., p. 337,
contains a receipt for the sale of a Spanish Indian boy in 1718.
Transcriber’s Notes:
• Text enclosed by underscores is in italics (_italics_).
• Text enclosed by pluses is in small caps (+small caps+).
• Obvious typographical errors have been silently corrected.
• In Footnote 252, the last page number is cut off in all scans.