CHAPTER XVI.

THE COLONY OF MARYLAND.

1634-1775.

MARYLAND UNDER THE LAWS OF VIRGINIA UNTIL 1630.--FIRST

LEGISLATION ON THE SLAVERY QUESTION IN 1637-38.--SLAVERY

ESTABLISHED BY STATUTE IN 1663.--THE DISCUSSION OF

SLAVERY.--AN ACT PASSED ENCOURAGING THE IMPORTATION OF

NEGROES AND WHITE SERVANTS IN 1671.--AN ACT LAYING AN IMPOST

ON NEGROES AND WHITE SERVANTS IMPORTED INTO THE

COLONY.--DUTIES IMPOSED ON RUM AND WINE.--TREATMENT OF

SLAVES AND PAPISTS.--CONVICTS IMPORTED INTO THE COLONY.--AN

ATTEMPT TO JUSTIFY THE CONVICT-TRADE.--SPIRITED

REPLIES.--THE LAWS OF 1723, 1729, 1752.--RIGHTS OF

SLAVES.--NEGRO POPULATION IN 1728.--INCREASE OF SLAVERY IN

1756.--NO EFFORTS MADE TO PREVENT THE EVILS OF SLAVERY.--THE

REVOLUTION NEARING.--NEW LIFE FOR THE NEGROES.

Up to the 20th of June, 1630, the territory that at present

constitutes the State of Maryland was included within the limits of

the colony of Virginia. During that period the laws of Virginia

obtained throughout the entire territory.

In 1637[414] the first assembly of the colony of Maryland agreed upon

a number of bills, but they never became laws. The list is left, but

nothing more. The nearest and earliest attempt at legislation on the

slavery question to be found is a bill that was introduced "_for

punishment of ill servants_." During the earlier years of the

existence of slavery in Virginia, the term "servant" was applied to

Negroes as well as to white persons. The legal distinction between

slaves and servants was, "servants for a term of years,"--white

persons; and "servants for life,"--Negroes. In the first place, there

can be no doubt but what Negro slaves were a part of the population of

this colony from its organization;[415] and, in the second place, the

above-mentioned bill of 1637 for the "_punishment of ill servants_"

was intended, doubtless, to apply to Negro servants, or slaves. So

few were they in number, that they were seldom referred to as

"slaves." They were "servants;" and that appellation dropped out only

when the growth of slavery as an institution, and the necessity of

specific legal distinction, made the Negro the only person that was

suited to the condition of absolute property.

In 1638 there was a list of bills that reached a second reading, but

never passed. There was one bill "_for the liberties of the people_,"

that declared "all Christian inhabitants (slaves only excepted) to

have and enjoy all such rights, liberties, immunities, privileges and

free customs, within this province, as any natural born subject of

England hath or ought to have or enjoy in the realm of England, by

force or virtue of the common law or statute law of England, saving in

such cases as the same are or may be altered or changed by the laws

and ordinances of this province."[416] There is but one mention made

of "slaves" in the above Act, but in none of the other Acts of 1638.

There are certain features of the Act worthy of special consideration.

The reader should keep the facts before him, that by the laws of

England no Christian could be held in slavery; that in the Provincial

governments the laws were made to conform with those of the home

government; that, in specifying the rights of the colonists, the

Provincial assemblies limited the immunities and privileges conferred

by the Magna Charta upon British subjects, to Christians; that Negroes

were considered heathen, and, therefore, denied the blessings of the

Church and State; that even where Negro slaves were baptized, it was

held by the courts in the colonies, and was the law-opinion of the

solicitor-general of Great Britain, that they were not _ipso facto_

free;[417] and that, where Negroes were free, they had no rights in

the Church or State. So, while this law of 1638 did not say that

Negroes _should_ be slaves, in designating those who were to enjoy the

rights of freemen, it excludes the Negro, and thereby fixes his

condition as a slave by implication. If he were not named as a

freeman, it was the intention of the law-makers that he should remain

a bondman,--the exception to an established rule of law.[418]

In subsequent Acts reference was made to "servants," "fugitives,"

"runaways," etc.; but the first statute in this colony establishing

slavery was passed in 1663. It was "_An Act concerning negroes and

other slaves_." It enacts section one:--

"All negroes or other slaves within the province, and all

negroes and other slaves to be hereafter imported into the

province, shall serve _durante vita_; and all children born

of any negro or other slave, shall be slaves as their

fathers were for the term of their lives."

Section two:--

"And forasmuch as divers freeborn _English_ women, forgetful

of their free condition, and to the disgrace of our nation,

do intermarry with negro slaves, by which also divers suits

may arise, touching the issue of such women, and a great

damage doth befall the master of such negroes, for

preservation whereof for deterring such free-born women from

such shameful matches, _be it enacted_, &c.: That whatsoever

free-born woman shall intermarry with any slave, from and

after the last day of the present assembly, shall serve the

master of such slave during the life of her husband; and

that all the issue of such free-born women, so married,

shall be slaves as their fathers were."

Section three:--

"And be it further enacted, that all the issues of

_English_, or other free-born women, that have already

married negroes, shall serve the master of their parents,

till they be thirty years of age and no longer."[419]

Section one is the most positive and sweeping statute we have ever

seen on slavery. It fixes the term of servitude for the longest time

man can claim,--the period of his earthly existence,--and dooms the

children to a service from which they were to find discharge only in

death. Section two was called into being on account of the

intermarriage of white women with slaves. Many of these women had been

indentured as servants to pay their passage to this country, some had

been sent as convicts, while still others had been apprenticed for a

term of years. Some of them, however, were very worthy persons. No

little confusion attended the fixing of the legal status of the issue

of such marriages; and it was to deter Englishwomen from such

alliances, and to determine the status of the children before the

courts, that this section was passed. Section three was clearly an _ex

post facto_ law: but the public sentiment of the colony was reflected

in it; and it stood, and was re-enacted in 1676.

Like Virginia, the colony of Maryland found the soil rich, and the

cultivation of tobacco a profitable enterprise. The country was new,

and the physical obstructions in the way of civilization numerous and

formidable. Of course all could not pursue the one path that led to

agriculture. Mechanic and trade folk were in great demand. Laborers

were scarce, and the few that could be obtained commanded high wages.

The Negro slave's labor could be made as cheap as his master's

conscience and heart were small. Cheaper labor became the cry on every

hand, and the Negro was the desire of nearly all white men in the

colony.[420] In 1671 the Legislature passed "_An Act encouraging the

importation of negroes and slaves into_" the colony, which was

followed by another and similar Act in 1692. Two motives inspired the

colony to build up the slave-trade; viz., to have more laborers, and

to get something for nothing. And, as soon as Maryland was known to be

a good market for slaves, the traffic increased with wonderful

rapidity. Slaves soon became the bone and sinew of the working-force

of the colony. They were used to till the fields, to fell the forests,

to assist mechanics, and to handle light crafts along the

water-courses. They were to be found in all homes of opulence and

refinement; and, unfortunately, their presence in such large numbers

did much to lower honorable labor in the estimation of the whites, and

to enervate women in the best white society. While the colonists

persuaded themselves that slavery was an institution indispensable to

the colony, its evil effects soon became apparent. It were impossible

to engage the colony in the slave-trade, and escape the bad results of

such an inhuman enterprise. It made men cruel and avaricious.

It was the motion of individuals to have legislative encouragement

tendered the venders of human flesh and blood; but the time came when

the government of the colony saw that an impost tax upon the slaves

imported into the colony would not impair the trade, while it would

aid the government very materially. In 1696 "_An Act laying an

imposition on negroes, slaves and while persons imported_" into the

colony was passed. It is plain from the reading of the caption of the

above bill, that it was intended to reach three classes of persons;

viz., Negro servants, Negro slaves, and white servants. The word

"imported" means such persons as could not pay their passage, and were

therefore indentured to the master of the vessel. When they arrived,

their time was hired out, if they were free, for a term of years, at

so much per year;[421] but if they were slaves the buyer had to pay

all claims against this species of property before he could acquire a

fee simple in the slave. Some historians have too frequently

misinterpreted the motive and aim of the colonial Legislatures in

imposing an impost tax upon Negroes and other servants imported into

their midst. The fact that the law applied to white persons does not

aid in an interpretation that would credit the makers of the act with

feelings of humanity. A people who could buy and sell wives did not

hesitate to see in the indentured white servants property that ought

to be taxed. Why not? These white servants represented so many dollars

invested, or so many years of labor in prospect! So all persons

imported into the colony of Maryland, "Negroes, slaves, and white

persons," were taxed as any other marketable article. A swift and

remorseless civilization against the stolid forces of nature made men

indiscriminate and cruel in their impulses to obtain. Public sentiment

had been formulated into law: the law contemplated "servants and

slaves" as chattel property; and the political economists of the

Province saw in this species of property rich gains for the

government. It was condition, circumstances, that made the servant or

slave; but at length it was nationality, color.

When, on the threshold of the eighteenth century, "white indentured"

servants were rapidly ceasing to exist under color or sanction of law,

religious bigotry and ecclesiastical intolerance joined hands with the

supporters of Negro slavery in a crusade[422] against the Irish

Catholics. In 1704 the Legislature passed "_An Act imposing three

pence per gallon on rum and wine, brandy and spirits, and twenty

shillings per poll for negroes, for raising a supply to defray the

public charge of this province, and twenty shillings, per poll, on

Irish servants, to prevent the importing too great a number of Irish

papist into this province_." Although this Act was intended to remain

on the statute-books only three years, its life was prolonged by a

supplemental Act, and it disgraced the colony for twenty-one years. As

in New York, so here, the government regarded the slave and Papist

with feelings of hatred and fear. The former was only suited to a

condition of perpetual bondage, the latter to be ostracized and driven

out from before the face of the exclusive Protestants of that period.

Both were cruelly treated; one on account of his face, the other on

account of his faith.

"Unfortunately for the professors of the Catholic religion,

by the force of circumstances which it is not necessary to

detail, their religious persuasions became identified, in

the public mind, with opposition to the principles of the

revolution. Their political disfranchisement was the

consequence. Charles Calvert, the deposed proprietary,

shared the common fate of his Catholic brethren. Sustained

and protected by the crown in the enjoyment of his mere

private rights, the general jealousy of Catholic power

denied him the government of the province."[423]

A knowledge of the antecedents of the master-class will aid the reader

to a more accurate conception of the character of the institution of

slavery in the colony of Maryland.

It is not very pleasing for the student of history at this time to

remember that the British colonies in North America received into

their early life the worst poison of European society,--the criminal

element. From the first the practice of transporting convicts into the

colonies obtained. And, during the reign of George I., statutes were

passed "authorizing transportation as a commutation punishment for

clergyable felonies." These convicts were transported by private

shippers, and then sold into the colony; and thus it became a gainful

enterprise. From 1700 until 1760 this nefarious and pestiferous

traffic greatly increased. At length it became, as already indicated,

the subject of a special impost tax. Three or four hundred convicts

were imported into the colony annually, and the people began to

complain.[424] In "The Maryland Gazette" of the 30th of July, 1767, a

writer attempted to show that the convict element was not to be

despised, but was rather a desirable addition to the Province. He

says,--

"I suppose that for these last thirty years, communibus

annis, there have been at least 600 convicts per year

imported into this province: and these have probably gone

into 400 families."

After answering some objections to their importation because of the

contagious diseases likely to be communicated by them, he further

remarks,--

"This makes at least 400 to one, that they do no injury to

the country in the way complained of: and the people's

continuing to buy and receive them so constantly, shows

plainly the general sense of the country about the matter;

notwithstanding a few gentlemen seem so angry that convicts

are imported here at all, and would, if they could, by

spreading this terror, prevent the people's buying them. I

confess I am one, says he, who think a young country cannot

be settled, cultivated, and improved, without people of some

sort: and that it is much better for the country to receive

convicts than slaves. The wicked and bad amongst them, that

come into this province, mostly run away to the northward;

mix with their people, and pass for honest men: whilst those

more innocent, and who came for very small offences, serve

their times out here, behave well, and become useful

people."

This attempt to justify the _convict trade_ elicited two able and

spirited replies over the signatures of "Philanthropos" and "C.D."

appearing in "Green's Gazette" of 20th of August, 1767, in which the

writer of the first article is handled "with the gloves off."

"His remarks [says Philanthropos] remind me of the

observation of a great philosopher, who alleges that there

is a certain race of men of so selfish a cast, that they

would even set a neighbour's house on fire, for the

convenience of roasting an egg at the blaze. That these are

not the reveries of fanciful speculatists, the author now

under consideration is in a great measure a proof; for who,

but a man swayed with the most sordid selfishness, would

endeavor to disarm the people of all caution against such

imminent danger, lest their just apprehensions should

interfere with his little schemes of profit? And who but

such a man would appear publicly as an advocate for the

importation of felons, the scourings of jails, and the

abandoned outcasts of the British nation, as a mode in any

sort eligible for peopling a young country?"

In another part of his reply he remarks,--

"In confining the indignation because of their importation

to a few, and representing that the general sense of the

people is in favor of this vile importation, he is guilty of

the most shameful misrepresentation and the grossest

calumny upon the whole province. What opinion must our

mother country, and our sister colonies, entertain of our

virtue, when they see it confidently asserted in the

Maryland Gazette, that we are fond of peopling our country

with the most abandoned profligates in the universe? Is this

the way to purge ourselves from that false and bitter

reproach, so commonly thrown upon us, _that we are the

descendants of convicts?_ As far as it has lain in my way to

be acquainted with the general sentiments of the people upon

this subject, I solemnly declare, that the most discerning

and judicious amongst them esteem it the greatest grievance

imposed upon us by our mother country."

The writer felt that a young country could not be settled "without

people of some sort," and that it was better to secure "convicts than

slaves." Upon what grounds precisely this defender of buying convict

labor based his conclusion that he would rather have "convicts than

slaves" is not known. It could not have been that he believed the

convicts of England more industrious or skilful than Negro slaves? Or,

had he theoretical objections to slavery as a permanent institution?

Perhaps the writer had himself graduated from the criminal class! But

there were gentlemen who differed with him, and couched their

objections to the convict system of importation in very vigorous

English. On the 20th of August, 1767, two articles appeared in

"Greene's Gazette." Says one of these writers,--

"For who, but a man swayed with the most sordid selfishness,

would endeavor to disarm the people of all caution against

such imminent danger, lest their just apprehensions should

interfere with his little schemes of profit? And who but

such a man would appear publicly as an advocate for the

importation of felons, the scourings of jails, and the

abandoned outcasts of the British nation, as a mode in any

sort eligible for peopling a young country?"

There can be no doubt but that many of the convicts thus imported,

having served out their time, in a brief season became slave-drivers

and slave-owners. With hearts reduced to flinty hardness in the fires

of unrestrained passions, the convict element, as it became absorbed

in the great free white population of the Province,[425] created a

most positive sentiment in favor of a cruel code for the government of

the Negro slave. There were two motives that inspired the ex-convict

to cruelty to the Negro: to divert attention from himself, and to

persuade himself, in his doubting mind, that the Negro was inferior to

him by _nature_. It was, no doubt, a great undertaking; but the

findings of such a court must have been comforting to an anxious

conscience! The result can be judged. Maryland made a slave-code,

which, for cruelty and general inhumanity, has no equal in the

South.[426] The Maryland laws of 1715 contained, in chapter

forty-four, an act with one hundred and thirty-five sections relating

to Negro slaves. A most rigorous pass-system was established. By

section six, no Negro or other servant was allowed to leave the county

without a pass under the seal of the county in which their master

resided; for which pass the slave or other servant was compelled to

pay ten pounds of tobacco, or one shilling in money. If such persons

were apprehended, a justice of the peace could impose such fines and

inflict such punishment as were fixed by the law applying to runaways.

By the Act of 1723, chapter fifteen, under the caption of "_An Act to

prevent the tumultuous meeting and other irregularities of negroes and

other slaves_," the severity of the laws was increased tenfold.

According to section four, a Negro or other slave who had the temerity

to strike a white person, was to have his ears "_cropt on order of a

Justice_." Section six denies slaves the right of possession of

property: they could not own cattle. Section seven gave authority to

any white man to kill a Negro who resisted an attempt to arrest him;

and by a supplemental Act of 1751, chapter fourteen, the owner of a

slave thus killed was to be paid out of the public treasury. In 1729

an Act was passed providing, that upon the conviction of certain

crimes, Negroes and other slaves shall be not only hanged, but the

body should be quartered, and exposed to public view. When slaves grew

old and infirm in the service of their masters, and the latter were

inspired by a desire to compliment the faithfulness of their servants

by emancipation, the law came in and forbade manumission by the "last

will or testament," or the making free in any way of Negro slaves. It

was a temporary Act, passed in 1752, void of every element of

humanity; and yet it stood as the law of the colony for twenty long

years.

In 1748 the Negro population of Maryland was thirty-six thousand, and

still rapidly increasing.

"By a 'very accurate census,' taken this year, this was

found to be the number of white inhabitants in Maryland:--

+---------+--------+-----------+-----------+---------+

| | FREE. | SERVANTS. | CONVICTS. | TOTAL. |

+---------+--------+-----------+-----------+---------+

|Men | 24,058 | 3,576 | 1,507 | 29,141 |

|Women | 23,521 | 1,824 | 386 | 25,731 |

|Boys | 26,637 | 1,048 | 67 | 27,752 |

|Girls | 24,141 | 422 | 21 | 24,584 |

|---------+--------+-----------+-----------+---------+

| | 98,357 | 6,870 | 1,981 | 107,208 |

+---------+--------+-----------+-----------+---------+

"By the same account the total number of mulattoes in

Maryland amounted to 3,592; and the total number of Negroes,

to 42,764. Pres. Stiles' MS. It was reckoned (say the

authors of Univ. Hist.), that above 2,000 Negro slaves were

annually imported into Maryland."[427]

In 1756 the blacks had increased to 46,225, and in 1761 to 49,675.

There was nothing in the laws to prohibit the instruction of Negroes,

and yet no one dared to brave public sentiment on that point. The

churches gave no attention or care to the slaves. During the first

half or three-quarters of a century there was an indiscriminate

mingling and marrying among the Negroes and white servants; and,

although this was forbidden by rigid statutes, it went on to a

considerable extent. The half-breed, or Mulatto, population

increased;[428] and so did the number of free Negroes. The contact of

these two elements--of slaves and convicts--was neither prudent nor

healthy. The Negroes suffered from the touch of the moral contagion of

this effete matter driven out of European society. Courted as rather

agreeable companions by the convicts at first, the Negro slaves were

at length treated worse by the ex-convicts than by the most

intelligent and opulent slave-dealers in all the Province. And with no

rights in the courts, incompetent to hold an office of any kind, the

free Negroes were in almost as disagreeable a situation as the slaves.

From the founding of the colony of Maryland in 1632 down to the

Revolutionary War, there is no record left us that any effort was ever

made to cure the most glaring evils of slavery. For the Negro this was

one long, starless night of oppression and outrage. No siren's voice

whispered to him of a distant future, propitious and gracious to

hearts almost insensible to a throb of joy, to minds unconscious of

the feeblest rays of light. Being _absolute_ property, it was the

right of the master to say how much food, or what quantity of

clothing, his slave should have. There were no rules by which a slave

could claim the privilege of ceasing from labor at the close of the

day. No, the master had the same right to work his slaves after

nightfall as to drive his horse morning, noon, and night. Poor

clothes, rough and scanty diet, wretched quarters, overworked,

neglected in body and mind, the Negroes of Maryland had a sore lot.

The Revolution was nearing. Public attention was largely occupied with

the Stamp Act and preparations for hostilities. The Negro was left to

toil on; and, while at this time there was no legislation sought for

slavery, there was nothing done that could be considered hostile to

the institution. The Negroes hailed the mutterings of the distant

thunders of revolution as the precursor of a new era to them. It did

furnish an opportunity for them in Maryland to prove themselves

patriots and brave soldiers. And how far their influence went to

mollify public sentiment concerning them, will be considered in its

appropriate place. Suffice it now to say, that cruel and hurtful,

unjust and immoral, as the institution of slavery was, it had not

robbed the Negro of a lofty conception of the fundamental principles

that inspired white men to resist the arrogance of England; nor did it

impair his enthusiasm in the cause that gave birth to a new republic

amid the shock of embattled arms.

FOOTNOTES:

[414] Dr. Abiel Holmes, in his American Annals, vol. ii. p. 5, says,

"Maryland now contained about thirty-six thousand persons, of white

men from sixteen years of age and upwards, and negroes male, and

female from sixteen to sixty." I infer from this statement that

slavery was in existence in Maryland in 1634; and I cannot find any

thing in history to lead me to doubt but that slavery was born with

the colony.

[415] Cabinet Cyclopædia, vol. i. p. 61.

[416] See Bacon's Laws, also Holmes's Annals, vol. i. p. 250.

[417] The following appeared in the Plantation Laws, printed in London

in 1705: "Where any negro or slave, being in servitude or bondage, is

or shall become Christian, and receive the sacrament of baptism, the

same shall not nor ought not to be deemed, adjudged or construed to be

a manumission or freeing of any such negro or slave, or his or her

issue, from their servitude or bondage, but that notwithstanding they

shall at all times hereafter be and remain in servitude and bondage as

they were before baptism, any opinion, matter or thing to the contrary

notwithstanding."

[418] McSherry's Hist. of Maryland, p. 86.

[419] Freedom and Bondage, vol. i. p. 249.

[420] McMahon's Hist. of Maryland, vol. i. p. 274.

[421] The following form was used for a long time in Maryland for

binding out a servant.

This Indenture _made the ---- day of ---- in the ---- yeere

of our Soveraigne Lord King_ Charles,_&c betweene ---- of

the one party_, and ---- on the _other party_, Witnesseth,

_that the said ---- doth hereby covenant promise, and grant,

to and with the said ---- his Executors and Assignes, to

serve him from the day of the date hereof, untill his first

and next arrivall in_ Maryland: _and after for and during

the tearme of ---- yeeres, in such service and imployment,

as the said ---- or his assignee shall there imploy him,

according to the custome of the Countrey in the like kind.

In consideration whereof, the said ---- doth promise and

grant, to and with the said ---- to pay for his passing, and

to find him with Meat, Drinke, Apparell and Lodging, with

other necessaries during the said terme; and at the end of

the said terme, to give him one whole yeeres provision of

Corne, and fifty acres of Land, according to the order of

the countrey. In witnesse whereof, the said ---- hath

hereunto put his hand and seate, the day and yeere above

written_.

Sealed and delivered in the presence of ----

--_Relation of the state of Maryland_, pp. 62, 63.

[422] Modern Traveller, vol. i. pp. 122, 123.

[423] McMahon's Maryland, vol. i. p. 278.

[424] 1st Pitkin's United States, p. 133.

[425] McMahone says of this convict element: "The pride of this age

revolts at the idea of going back to such as these, for the roots of a

genealogical tree; and they, whose delight it would be, to trace their

blood through many generations of stupid, sluggish, imbecile

ancestors, with no claim to merit but the name they carry down, will

even submit to be called '_novi homines_,' if a convict stand in the

line of ancestry."

[426] With perhaps the single exception of South Carolina, of which

the reader will learn more farther on.

[427] American Annals.

[428] Dr. Holmes says, "The total number of mulattoes in Maryland

amounted to 3,592," in 1755.

History of the Negro Race in America from 1619 to 1880. Vol 1 Negroes as Slaves, as Soldiers, and as Citizens · 第 7 / 19 章