CHAPTER XIX.

THE COLONY OF RHODE ISLAND.

1647-1775.

COLONIAL GOVERNMENT IN RHODE ISLAND, MAY, 1647.--AN ACT

PASSED TO ABOLISH SLAVERY IN 1652, BUT WAS NEVER

ENFORCED.--AN ACT SPECIFYING WHAT TIMES INDIAN AND NEGRO

SLAVES SHOULD NOT APPEAR IN THE STREETS.--AN IMPOST-TAX ON

SLAVES (1708).--PENALTIES IMPOSED ON DISOBEDIENT

SLAVES.--ANTI-SLAVERY SENTIMENT IN THE COLONIES RECEIVES

LITTLE ENCOURAGEMENT.--CIRCULAR LETTER FROM THE BOARD OF

TRADE TO THE GOVERNOR OF THE ENGLISH COLONIES RELATIVE TO

NEGRO SLAVES.--GOVERNOR CRANSTON'S REPLY.--LIST OF

MILITIA-MEN, INCLUDING WHITE AND BLACK SERVANTS.--ANOTHER

LETTER FROM THE BOARD OF TRADE.--AN ACT PREVENTING

CLANDESTINE IMPORTATIONS AND EXPORTATION OF PASSENGERS,

NEGROES, OR INDIAN SLAVES.--MASTERS OF VESSELS REQUIRED TO

REPORT THE NAMES AND NUMBER OF PASSENGERS TO THE

GOVERNOR.--VIOLATION OF THE IMPOST-TAX LAW ON SLAVES

PUNISHED BY SEVERE PENALTIES.--APPROPRIATION BY THE GENERAL

ASSEMBLY, JULY 5, 1715, FROM THE FUND DERIVED FROM THE

IMPOST-TAX, FOR THE PAVING OF THE STREETS OF NEWPORT.--AN

ACT PASSED DISPOSING OF THE MONEY RAISED BY

IMPOST-TAX.--IMPOST-LAW REPEALED, MAY, 1732.--AN ACT

RELATING TO FREEING MULATTO AND NEGRO SLAVES PASSED

1728.--AN ACT PASSED PREVENTING MASTERS OF VESSELS FROM

CARRYING SLAVES OUT OF THE COLONY, JUNE 17, 1757.--EVE OF

THE REVOLUTION.--AN ACT PROHIBITING IMPORTATION OF NEGROES

INTO THE COLONY IN 1774.--THE POPULATION OF RHODE ISLAND IN

1730 AND 1774.

Individual Negroes were held in bondage in Rhode Island from the time

of the formation of the colonial government there, in May, 1647, down

to the close of the eighteenth century. Like her sister colonies, she

early took the poison of the slave-traffic into her commercial life,

and found it a most difficult political task to rid herself of it. The

institution of slavery was never established by statute in this

colony; but it was so firmly rooted five years after the establishment

of the government, that it required the positive and explicit

prohibition of law to destroy it. On the 19th of May, 1652, the

General Court passed the following Act against slavery. It is the

earliest positive prohibition against slavery in the records of modern

nations.

"Whereas, there is a common course practiced amongst English

men to buy negers, to that end they may have them for

service or slaves forever; for the preventinge of such

practices among us, let it be ordered, that no blacke

mankind or white being forced by covenant bond, or

otherwise, to serve any man or his assighnes longer than ten

yeares, or until they come to bee twentie-four yeares of

age, if they bee taken in under fourteen, from the time of

their cominge within the liberties of this Collonie. And at

the end or terme of ten yeares to sett them free, as the

manner is with the English servants. And that man that will

not let them goe free, or shall sell them away elsewhere, to

that end that they may bee enslaved to others for a long

time, hee or they shall forfeit to the Collonie forty

pounds."[450]

The above law was admirable, but there was lacking the public

sentiment to give it practical force in the colony. It was never

repealed, and yet slavery flourished under it for a century and a

half. Mr. Bancroft says, "The law was not enforced, but the principle

lived among the people."[451] No doubt the principle lived among the

people; but, practically, they did but little towards emancipating

their slaves until the Revolutionary War cloud broke over their homes.

There is more in the statement Mr. Bancroft makes than the casual

reader is likely to discern.

The men who founded Rhode Island, or Providence Plantation as it was

called early, were of the highest type of Christian gentlemen. They

held advanced ideas on civil government and religious liberty. They

realized, to the full, the enormity of the sinfulness of slavery; but

while they hesitated to strike down what many men pronounced a

necessary social evil, it grew to be an institution that governed more

than it could be governed. The institution was established. Slaves

were upon the farms, in the towns, and in the families, of those who

could afford to buy them. The population of the colony was small; and

to manumit the slaves in whom much money was invested, or to suddenly

cut off the supply from without, was more than the colonists felt able

to perform. The spirit was willing, but the flesh was weak.

For a half-century there was nothing done by the General Court to

check or suppress the slave-trade, though the Act of 1652 remained the

law of the colony. The trade was not extensive. No vessels from Africa

touched at Newport or Providence. The source of supply was Barbadoes;

and, occasionally, some came by land from other colonies. Little was

said for or against slavery during this period. It was a question

difficult to handle. The sentiment against it was almost unanimous. It

was an evil; but how to get rid of it, was the most important thing to

be considered. During this period of perplexity, there was an ominous

silence on slavery. The conservatism of the colonists produced the

opposite in the Negro population. They began to think and talk about

their "rights." The Act of 1652 had begun to bear fruit. At the

expiration of ten years' service, slaves began to demand their

freedom-papers. This set the entire Negro class in a state of

expectancy. Their eagerness for liberty was interpreted by the more

timid among the whites as the signal for disorder. A demand was made

for legislation that would curtail the personal liberties of the

Negroes in the evenings. It is well to produce the Act of Jan. 4,

1703, that the reader may see the similarity of the laws passed in the

New-England colonies against Negroes:--

"An Act to restrict negroes and Indians for walking in

unseasonable times in the night, and at other times not

allowable.

"Voted, Be it enacted by this Assembly and the authority

thereof, and it is hereby enacted, If any negroes or

Indians, either freemen, servants, or slaves, do walk in the

streets of the town of Newport, of any other town in this

Collony, after nine of the clock of the night, without a

certificate from their masters, or some English person of

said family with them, or some lawfull excuse for the same,

that it shall be lawfull for any person to take them up and

deliver them to a Constable, to be secured, or see them

secured, till the next morning, and then to be brought

before some Justice of the Peace in said town, to be dealt

withall, according to the recited Act, which said Justice

shall cause said person or persons so offending, to be

whipped at the publick whipping post in said town, not

exceeding fifteen stripes upon their naked backs, except

their incorrigible behavior require more. And all free

negroes and free Indians to be under the same penalty,

without a lawful excuse for their so being found walking in

the streets after such unseasonable time of night.

"And be it further enacted, All and every house keeper,

within said town or towns or Collony, that shall entertain

men's servants, either negroes or Indians, without leave of

their masters or to whom they do belong, after said set time

of the night before mentioned, and being convicted of the

same before any one Justice of the Peace, he or they shall

pay for each his defect five shillings in money, to be for

the use of the poor in the town where the person lives; and

if refused to be paid down, to be taken by distraint by a

warrant to any one Constable, in said town; any Act to the

contrary notwithstanding."[452]

It is rather remarkable that this Act should prohibit free Negroes and

free Indians from walking the streets after nine o'clock. In this

particular this bill had no equal in any of the other colonies. This

act seemed to be aimed with remarkable precision at the Negroes as a

class, both bond and free. The influence of free Negroes upon the

slaves had not been in harmony with the condition of the latter; and

the above Act was intended as a reminder, in part, to free Negroes

and Indians. It went to show that there was but little meaning in the

word "free," when placed before a Negro's name. No such restriction

could have been placed upon the personal rights of a white colonist;

for, under the democratical government of the colony, a subject was

greater than the government. No law could stand that was inimical to

his rights as a freeman. But the free Negro had no remedy at law. He

was literally between two conditions, bondage and freedom.

Attention has been called to the fact, that the Act of 1652 was never

enforced. In April, 1708, an Act, laying an impost-tax upon slaves

imported into the colony, was passed which really gave legal sanction

to the slave-trade.[453] The following is the Act referred to:--

"And it is further enacted by the authority aforesaid, that

whereas, by an act of Assembly, in February last past,

concerning the importing negroes, one article of said act,

expressing that three pounds money shall be paid into the

treasury for each negro imported into this colony; but upon

exporting such negro in time limited in said act, said three

pounds were to be drawn out of the treasury again by the

importer:

"It is hereby enacted, that said sum for the future, shall

not be drawn out, but there continued for the use in said

act expressed; any act to the contrary,

notwithstanding."[454]

The Act referred to as having passed "in February last past," cannot

be found.[455] But, from the one quoted above, it is to be inferred

that two objects were aimed at, viz.: First, under the codes of

Massachusetts and Virginia, a drawback was allowed to an importer of a

Negro who exported him within a stated time: the Rhode-Island Act of

"February" had allowed importers this privilege. Second,

notwithstanding the loud-sounding Act of 1652, this colony was not

only willing to levy an impost-tax upon all slaves imported, but, in

her greed for "blood money," even denied the importer the mean

privilege, in exporting his slave, of drawing his rebate! The

consistency of Rhode Island must have been a jewel that the other

colonies did not covet.

The last section of the Act of 1703 was directed against "house

keepers," who were to be fined for entertaining Negro or Indian

slaves after nine o'clock. In 1708 another Act was passed,

supplemental to the one of 1703, and added stripes as a penalty for

non-payment of fines. Many white persons in the larger towns had grown

rather friendly towards the slaves; and, even where they did not speak

out in public against the enslavement of human beings, their hearts

led them to the performance of many little deeds of kindness. They

discovered many noble attributes in the Negro character, and were not

backward in expressing their admiration. When summoned before a

justice, and fined for entertaining Negroes after nine o'clock, they

paid the penalty with a willingness and alacrity that alarmed the

slave-holding caste. This was regarded as treason. Some could not pay

the fine, and, hence, went free. The new Act intended to remedy this.

It was as follows:--

"An Act to prevent the entertainment of Negroes, &c.

"Whereas, there is a law in this colony to suppress any

persons from entertaining of negro slaves or Indian servants

that are not their own, in their houses, or unlawfully

letting them have strong drink, whereby they were damnified,

such persons were to pay a fine of five shillings, and so by

that means go unpunished, there being no provision made [of]

what corporeal punishment they should have, if they have not

wherewith to pay:

"Therefore, it is now enacted, that any such delinquent that

shall so offend, if he or she shall not have or procure the

sum of ten shillings for each defect, to be paid down before

the authority before whom he or she hath been legally

convicted, he or she shall be by order of said authority,

publicly whipped upon their naked back, not exceeding ten

stripes; any act to the contrary, notwithstanding. "[456]

It is certain that what little anti-slavery sentiment there was in the

British colonies in North America during the first century of their

existence received no encouragement from Parliament. From the

beginning, the plantations in this new world in the West were regarded

as the hotbeds in which slavery would thrive, and bring forth abundant

fruit, to the great gain of the English government. All the

appointments made by the crown were expected to be in harmony with the

plans to be carried out in the colonies. From the settlement of

Jamestown down to the breaking out of the war, and the signing of the

Declaration of Independence, not a single one of the royal governors

ever suffered his sense of duty to the crowned heads to be warped by

local views on "the right of slavery." The Board of Trade was

untiring in its attention to the colonies. And no subject occupied

greater space in the correspondence of that colossal institution than

slavery. The following circular letter, addressed to the governors of

the colonies, is worthy of reproduction here, rather than in the

Appendix. It is a magnificent window, that lets the light in upon a

dark subject. It gives a very fair idea of the profound concern that

the home government had in foreign and domestic slavery.

"CIRCULAR LETTER FROM THE BOARD OF TRADE TO THE GOVERNORS OF

THE ENGLISH COLONIES, RELATIVE TO NEGRO SLAVES.

"APRIL 17, 1708.

"Sir: Some time since, the Queen was pleased to refer to us

a petition relating to the trade of Africa, upon which we

have heard what the Royal African Company, and the separate

traders had to offer; and having otherwise informed

ourselves, in the best manner we could, of the present state

of that trade, we laid the same before Her Majesty. The

consideration of that trade came afterwards into the house

of commons, and a copy of our report was laid before the

house; but the session being then too far spent to enter

upon a matter of so great weight, and other business

intervening, no progress was made therein. However, it being

absolutely necessary that a trade so beneficial to the

kingdom should be carried on to the greatest advantage,

there is no doubt but the consideration thereof will come

early before the Parliament at their next meeting; and as

the well supplying of the plantations and colonies with

sufficient numbers of negroes at reasonable prices, is in

our opinion the chief point to be considered in regard to

that trade, and as hitherto we have not been able to know

how they have been supplied by the company, or by separate

traders, otherwise than according to the respective accounts

given by them, which for the most part are founded upon

calculations made from their exports on one side and the

other, and do differ so very much, that no certain judgment

can be made upon those accounts.

"Wherefore, that we may be able at the next meeting of the

Parliament to lay before both houses when required, an exact

and authentic state of that trade, particularly in regard to

the several plantations and colonies: we do hereby desire

and strictly require you, that upon the receipt hereof, you

do inform yourself from the proper officers or otherwise, in

the best manner you can, what number of negroes have been

yearly imported directly from Africa into Jamaica, since the

24th of June, 1698, to the 25th of December, 1707, and at

what rate per head they have been sold each year, one with

another, distinguishing the numbers that have been imported

on account of the Royal African Company, and those which

have been imported by separate traders; as likewise the

rates at which such negroes have been sold by the company

and by separate traders. We must recommend it to your care

to be as exact and diligent therein as possibly you can, and

with the first opportunity to transmit to us such accounts

as aforesaid, that they may arrive here in due time, as also

duplicates by the first conveyance.

"And that we may be the better able to make a true judgment

of the present settlement of that trade, we must further

recommend it to you to confer with some of the principal

planters and inhabitants within your government touching

that matter, and to let us know how the negro trade was

carried on, and the island of Jamaica supplied with negroes

till the year 1698, when that trade was laid open by act of

Parliament; how it has been carried on, and negroes supplied

since that time, or in what manner they think the said trade

may best be managed for the benefit of the plantations.

"We further desire you will inform us what number of ships,

if any, are employed from Jamaica to the coast of Africa in

the negro trade, and how many separate traders are concerned

therein.

"Lastly, whatever accounts you shall from time to time send

us touching these matters of the negro trade, we desire that

the same may be distinct, and not intermixed with other

matters; and that for the time to come, you do transmit to

us the like half yearly accounts of negroes, by whom

imported and at what rates sold; the first of such

subsequent accounts, to begin from Christmas, 1707, to which

time those now demanded, are to be given. So we bid you

heartily farewell,

"Your very loving friends,

"STAMFORD,

HERBERT,

PH. MEADOWS,

I. PULTENEY,

R. MONCKTON.

"P.S. We expect the best account you can give us, with that

expedition which the shortness of the time requires.

"Memorandum. This letter, mutatis mutandis, was writ to the

Governors of Barbadoes, the Leeward Islands, Bermuda, New

York, New Jersey, Maryland, the President of the Council of

Virginia, the Governor of New Hampshire and the

Massachusetts Bay, the Deputy Governor of Pennsylvania, the

Lords proprietors of Carolina, the Governors and Companies

of Connecticut and Rhode Island."[457]

The good Queen of England was interested in the traffic in human

beings; and although the House of Commons was too busy to give

attention to "a matter of so great weight," the "Board of Trade" felt

that it was "absolutely necessary that a trade so beneficial to the

kingdom should be carried on to the greatest advantage." England never

gave out a more cruel document than the above circular letter. To read

it now, under the glaring light of the nineteenth century, will almost

cause the English-speaking people of the world to doubt even "the

truth of history." Slavery did not exist at sufferance. It was a crime

against the weak, ignorant, and degraded children of Africa,

systematically perpetrated by an organized Christian government,

backed by an army that grasped the farthest bounds of civilization,

and a navy that overshadowed the oceans.

The reply of the governor of Rhode Island was not as encouraging as

their lordships could have wished.

GOVERNOR CRANSTON'S REPLY.

"May it please your Lordships: In obedience to your

Lordships' commands of the 15th of April last, to the trade

of Africa.

"We, having inspected into the books of Her Majesty's

custom, and informed ourselves from the proper officers

thereof, by strict inquiry, can lay before your Lordships no

other account of that trade than the following, viz:

"1. That from the 24th of June, 1698, to the 25th of

December, 1707, we have not had any negroes imported into

this colony from the coast of Africa, neither on the account

of the Royal African Company, or by any of the separate

traders.

"2. That on the 30th day of May, 1696, arrived at this port

from the coast of Africa, the brigantine Seaflower, Thomas

Windsor, master, having on board her forty-seven negroes,

fourteen of which he disposed of in this colony, for betwixt

£30 and £35 per head; the rest he transported by land for

Boston, where his owners lived.

"3. That on the 10th of August, the 19th and 28th of

October, in the year 1700, sailed from this port three

vessels, directly for the coast of Africa; the two former

were sloops, the one commanded by Nicho's Hillgroue, the

other by Jacob Bill; the last a ship, commanded by Edwin

Carter, who was part owner of the said three vessels, in

company with Thomas Bruster, and John Bates, merchants, of

Barbadoes, and separate traders from thence to the coast of

Africa; the said three vessels arriving safe to Barbadoes

from the coast of Africa, where they made the disposition of

their negroes.

"4. That we have never had any vessels from the coast of

Africa to this colony, nor any trade there, the brigantine

above mentioned, excepted.

"5. That the whole and only supply of negroes to this

colony, is from the island of Barbadoes; from whence is

imported one year with another, betwixt twenty and thirty;

and if those arrive well and sound, the general price is

from £30 to £40 per head.

"According to your Lordships' desire, we have advised with

the chiefest of our planters, and find but small

encouragement for that trade to this colony; since by the

best computation we can make, there would not be disposed in

this colony above twenty or thirty at the most, annually,

the reasons of which are chiefly to be attributed to the

general dislike our planters have for them, by reason of

then turbulent and unruly tempers.

"And that most of our planters that are able and willing to

purchase any of them, are supplied by the offspring of those

they have already, which increase daily; and that the

inclination of our people in general, is to employ white

servants before Negroes.

"Thus we have given our Lordships a true and faithful

account of what hath occurred, relating to the trade of

Africa from this colony; and if, for the future, our trade

should be extended to those parts, we shall not fail

transmitting accounts thereof according to your Lordships'

orders, and that at all times, be ready to show ourselves,

"Your Lordships' obedient servant,

"SAMUEL CRANSTON, _Governor_.

"NEWPORT, ON RHODE ISLAND, December 5, 1708."[458]

So in nine years there had been no Negro slaves imported into the

colony; that in 1696 fourteen had been sold to the colonists for

between thirty pounds and thirty-five pounds apiece; that this was the

only time a vessel direct from the coast of Africa had touched in this

colony; that the supply of Negro slaves came from Barbadoes, and that

the colonists who would purchase slaves were supplied by the offspring

of those already in the plantation; and that the colonists preferred

white servants to black slaves. The best that can be said of Gov.

Cranston's letter is, it was very respectful in tone. The following

table was one of the enclosures of the letter. It is given in full on

account of its general interest:--

"A list of the number of freemen and militia, with the

servants, white and black, in the respective towns; as also

the number of inhabitants in Her Majesty's colony of Rhode

Island, &c., December the 5th, 1708.

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

| | | | | | TOTAL |

| TOWNS. |FREEMEN|MILITIA.| WHITE | BLACK | NUMBER OF |

| | | |SERVANTS.|SERVANTS.|INHABITANTS|

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

| Newport | 190 | 358 | 20 | 220 | 2,203 |

| Providence | 241 | 283 | 6 | 7 | 1,446 |

| Portsmouth | 98 | 104 | 8 | 40 | 628 |

| Warwick | 80 | 95 | 4 | 10 | 480 |

| Westerly | 95 | 100 | 5 | 20 | 570 |

| New Shoreham| 38 | 47 | -- | 6 | 208 |

| Kingstown | 200 | 282 | -- | 85 | 1,200 |

| Jamestown | 33 | 28 | 9 | 32 | 206 |

| Greenwich | 40 | 65 | 3 | 6 | 240 |

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

| Total | 1,015 | 1,362 | 56 | 426 | 7,181 |

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

"It is to be understood that all men within this colony,

from the age of sixteen to the age of sixty years, are of

the militia, so that all freemen above and under said ages

are inclusive in the abovesaid number of the militia.

"As to the increase or decrease of the inhabitants within

five years last past, we are not capable to give an exact

account, by reason there was no list ever taken before this

(the militia excepted), which hath increased since the 14th

of February, 1704-5 (at which time a list was returned to

your Lordships), the number of 287.

"SAMUEL CRANSTON, _Governor_.

"NEWPORT, ON RHODE ISLAND, December the 5th, 1708."[459]

The Board of Trade replied to Gov. Cranston, under date of "Whitehall,

January 16th, 1709-10.," saying they should be glad to hear from him

"in regard to Negroes," etc.[460]

The letter of inquiry from the Board of Trade imparted to

slave-dealers an air of importance and respectability. The institution

was not near so bad as it had been thought to be; the royal family

were interested in its growth; it was a gainful enterprise; and, more

than all, as a matter touching the conscience, the Bible and universal

practice had sanctified the institution. To attempt to repeal the Act

of 1652 would have been an occasion unwisely furnished for

anti-slavery men to use to a good purpose. The bill was a dead letter,

and its enemies concluded to let it remain on the statute-book of the

colony.

The experiment of levying an impost-tax upon Negro slaves imported

into the colony had proved an enriching success. After 1709 the

slave-trade became rather brisk. As the population increased, public

improvements became necessary,--there were new public buildings in

demand, roads to be repaired, bridges to be built, and the poor and

afflicted to be provided for. To do all this, taxes had to be levied

upon the freeholders. A happy thought struck the leaders of the

government. If men _would_ import slaves, and the freemen of the

colony _would_ buy them, they should pay a tax as a penalty for their

sin.[461] And the people easily accommodated their views to the state

of the public treasury.

Attention has been called already to the impost Act of 1708. On the

27th of February, 1712, the General Assembly passed "_An Act for

preventing clandestine importations and exportations of passengers,

or negroes, or Indian slaves into or out of this colony_," etc. The

Act is quite lengthy. It required masters of vessels to report to the

governor the names and number of all passengers landed into the

colony, and not to carry away any person without a pass or permission

from the governor, upon pain of a fine of fifty pounds current money

of New England. Persons desiring to leave the colony had to give

public notice for ten days in the most public place in the colony; and

it specifies the duties of naval officers, and closes with the

following in reference to Negro slaves, calling attention to the

impost Act of 1708.--

"It was then and there enacted, that for all negroes

imported into this colony, there shall be £3 current money,

of New England, paid into the general treasury of this

colony for each negro, by the owner or importer of said

negro; reference being had unto the said act will more fully

appear.

"But were laid under no obligation by the said act, to give

an account to the Governor what negroes they did import,

whereby the good intentions of said act were wholly

frustrated and brought to no effect, and by the

clandestinely hiding and conveying said negroes out of the

town into the country, where they lie concealed:

"For the prevention of which for the future, it is hereby

enacted by the authority aforesaid, that from and after the

publication of this act, all masters of vessels that shall

come into the harbor of Newport, or into any port of this

government, that hath imported any negroes or Indian slaves,

shall, before he puts on shore in any port of this

government, or in the town of Newport, any negroes or Indian

slaves, or suffers any negroes or Indian slaves to be put on

shore by any person whatsoever, from on board his said

vessel, deliver unto the naval officer in the town of

Newport, a fair manifest under his hand, which shall specify

the full number of negroes and Indian slaves he hath

imported in his said vessel, of what sex, with their names,

the names of their owners, or of those they are consigned

to; to the truth of which manifest so given in, the said

master shall give his corporal oath, or solemn engagement

unto the said naval officer, who is hereby empowered to

administer the same unto him, which said manifest being duly

sworn unto, the said naval officer shall make a fair entry

thereof in a book, which shall be prepared for that use,

whereunto the said mister shall set his hand....

"And when the said master hath delivered his said manifest

and sworn to it, as abovesaid, and before he hath landed on

shore, or suffer to be landed, any negroes or Indian slaves

as aforesaid, he, the said master, shall pay to the naval

officer the sum of £3 current money, of New England, for

each negro; and the sum of forty shillings of the like money

for each Indian that shall be by him imported into this

colony, or that shall be brought into this colony in the

vessel whereof he is master.

"But if he hath not ready money to pay down, as aforesaid,

he shall then give unto the said naval officer a bill, as

the law directs, to pay unto him the full sum above

mentioned, for each and every negro and Indian imported as

above said, which bill shall run payable in ten days from

the entering the manifest as above said; and if at the end

of the ten days, the said master shall refuse to pay the

full contents of his bill, that then the said naval officer

shall deliver the said bill unto the Governor, or in his

absence, to the next officer of the peace, as aforesaid who

shall immediately proceed with the said master in the manner

above said, by committing of him to Her Majesty's jail,

where he shall remain without bail or mainprize, until he

hath paid unto the naval officer, for the use of this

colony, double the sum specified in his said bill, and all

charges that shall accrue thereby; which money shall be paid

out by the said naval officer, as the General Assembly of

this colony shall order the same.

"And it is further enacted, that the naval officer who now

is, and who ever shall be for the future put into said

office, shall at his entering into the said office, take his

engagement to the faithful performance of the above said

acts. And for his encouragement, shall have such fees as are

hereafter mentioned at the end of this act.

"And for the more effectual putting in execution those acts,

and that none may plead ignorance:

"It is enacted by the authority aforesaid, that all masters

of vessels trading to this government, shall give bond, with

sufficient surety in the naval office, for the sum of £50,

current money of New England."[462]

We have omitted a large portion of the bill, because of its length;

but have quoted sufficient to give an excellent idea of the marvellous

caution taken by the good Christians of Rhode Island to get every cent

due them on account of the slave trade, which their prohibition did

not prohibit. It was a carefully drawn bill for those days.

The diligence of the public officers in the seaport town of Newport

was richly rewarded. The slave-trade now had the sanction and

regulation of colonial law. The demand for Negro laborers was not

affected in the least, while traders did not turn aside on account of

three pounds per head tax upon every slave sold into Rhode Island. On

the 5th of July, 1715, the General Assembly appropriated a portion of

the fund derived from the impost-tax on imported Negroes to repairing

the streets; and then strengthened and amplified the original law on

impost-duties, etc. The following is the Act:--

"This Assembly, taking into consideration that Newport is

the metropolitan town in this colony, and that all the

courts of judicature within this colony are held there; and

also, that it is the chief market town in the government;

and that it hath very miry streets, especially that leading

from the ferry, or landing place, up to the colony house, so

that the members of the courts are very much discommoded

therewith, and is a great hindrance to the transporting of

provisions, &c., in and out of the said towns, to the great

loss of the inhabitants thereof:--

"Therefore, be it enacted by this present Assembly, and by

the authority thereof it is enacted, that the sum of £289

17s. 3d., now lying in the naval officer's hand, (being

duties paid to this colony for importing of slaves), shall

be, and is hereby granted to the town of Newport, towards

paving the streets of Newport, from the ferry place, up to

the colony house, in said Newport; to be improved by their

directors, such as they shall, at their quarter meetings

appoint for the same.

"And whereas, there was an act of Assembly, made at Newport

in the year 1701-2, for the better preventing of fraud, and

cozen, in paying the duties for importing of negro and

Indian slaves into this colony, and the same being found in

some clauses deficient, for the effecting of the full intent

and purpose thereof:--

"Therefore, it is hereby enacted by the authority aforesaid,

that every master of ship, or vessel, merchant or other

person or persons, importing or bringing into this colony

any negro slave or slaves of what age soever, shall enter

their number, names, and sex in the naval office; and the

master shall insert the same in the manifest of his lading,

and shall pay to the naval officer in Newport, £3 per head,

for the use of this colony, for every negro, male or female,

so imported, or brought in. And every such master, merchant,

or other person, refusing or neglecting to pay the said duty

within ten days after they are brought ashore in said

colony, then the said naval officer, on knowledge thereof,

shall enter an action and sue [for] the recovery of the

same, against him or them, in an action of debt, in any of

His Majesty's courts of record, within this colony.

"And if any master of ship or vessel, merchant or others,

shall refuse or neglect to make entry, as aforesaid, of all

negroes imported in such ship or vessel, or be convicted of

not entering the full number, such master, merchant, or

other person, shall forfeit and pay the sum of £6, for every

one that he shall refuse or neglect to make entry, of one

moiety thereof to His Majesty, for and towards the support

of the government of this colony; and the other moiety to

him or them that shall inform or sue for the same; to be

recovered by the naval officer in manner as above said.

"And also, all persons that shall bring any negro or negroes

into this colony, from any of His Majesty's provinces

adjoining, shall in like manner enter the number, names and

sex, of all such negroes, in the above said office, under

the penalty of the like forfeiture, as above said, and to be

recovered in like manner by the naval officer, and shall pay

into the said office within the time above limited, the like

sum of £3 per head; and for default of payment, the same to

be recovered by the naval officer in like manner as

aforesaid.

"Provided always, that if any gentleman, who is not a

resident in this colony, and shall pass through any part

thereof, with a waiting man or men with him, and doth not

reside in this colony six months, then such waiting men

shall be free from the above said duty; the said gentleman

giving his solemn engagement, that they are not for sale;

any act or acts, clause or clauses of acts, to the contrary

hereof, in any ways, notwithstanding.

"Provided, that none of the clauses in the aforesaid act,

shall extend to any masters or vessels, who import negroes

into this colony, directly from the coast of Africa.

"And it is further enacted by the authority aforesaid, that

the money raised by the impost of negroes, as aforesaid,

shall be disposed of as followeth, viz.:

"The one moiety of the said impost money to be for the use

of the town of Newport, to be disposed of by the said town

towards paving the streets of said town, and for no other

use whatsoever, for and during the full time of seven years

from the publication of this act, and that £60 of said

impost money be for, and towards the erecting of a

substantial bridge over Potowomut river, at or near the

house of Ezekiel Hunt, in East Greenwich, and to no other

use whatsoever.

"And that Major Thomas Frye and Capt. John Eldredge be the

persons appointed to order and oversee the building of said

bridge, and to render an account thereof, to the Assembly,

and the said Major Frye and Capt. Eldredge to be paid for

their trouble and pains, out of the remaining part of said

impost money, and the remainder of said impost money to be

disposed of as the Assembly shall from time to time see

fit."[463]

And in October, 1717, the following order passed the assembly:--

"It is ordered by this Assembly, that the naval officer pay

out of the impost money on slaves, £100, to the overseer

that oversees the paving of the streets of Newport, to be

improved for paying the charges of paving said

streets."[464]

The fund accruing from the impost-duty on slaves was regarded with

great favor everywhere, especially in Newport. It had cleaned her

streets and lightened the burdens of taxation which rested so

grievously upon the freeholders. There was no voice lifted against the

iniquitous traffic, and the conscience of the colony was at rest. In

June, 1729, the following Act was passed:--

"An Act disposing of the money raised in this colony on

importing negro slaves into this colony.

"Forasmuch as there is an act of Assembly made in this

colony the 27th day of February, A.D. 1711, laying a duty of

£3 per head on all slaves imported into this colony, as is

in said act is expressed; and several things of a public

nature requiring a fund to be set apart for carrying them

on:--

"Be it therefore enacted by the General Assembly, and by the

authority of the same it is enacted and declared, that

henceforward all monies that shall be raised in this colony

by the aforesaid account, on any slaves imported into this

colony, shall be employed, the one moiety thereof for the

use of the town of Newport, towards paving and amending the

streets thereof, and the other moiety, for, and towards the

support, repairing and mending the great bridges on the

main, in the country roads, and for no other use whatsoever;

any thing in the aforesaid act to the contrary, in anywise

notwithstanding."[465]

It is wonderful how potential the influence of money is upon mankind.

The sentiments of the good people had been scattered to the winds; and

they had found a panacea for the violated convictions of the wrong of

slavery in the reduction of their taxes, new bridges, and cleansed

streets. Conscience had been bribed into acquiescence, and the

iniquity thrived. There were those who still endeavored to escape the

vigilance of the naval officers, and save the three pounds on each

slave. But the diligence and liberality of the authorities were not to

be outdone by the skulking stinginess of Negro-smugglers. On the 18th

of June, 1723, the General Assembly passed the following order:--

"Voted, that Mr. Daniel Updike, the attorney general, be,

and he hereby is ordered, appointed and empowered to gather

in the money due to this colony, for the importation of

negroes, and to prosecute, sue and implead such person or

persons as shall refuse to pay the same; and that he be

allowed five shillings per head, for every slave that shall

be hereafter imported into this colony, out of the impost

money; and that he be also allowed ten per cent. more for

all such money as he shall recover of the outstanding debts;

and in all respects to have the like power as was given to

the naval officer by the former act."[466]

The above illustrates the spirit of the times. There was a mania for

this impost-tax upon stolen Negroes, and the law was to be enforced

against all who sought to evade its requirements. But the Assembly had

a delicate sense of equity, as well as an inexorable opinion of the

precise demands of the law in its letter and spirit. On the 19th of

June, 1716, the following was passed:--

"It is ordered by this Assembly, that the duty of two

sucking slaves imported into this colony by Col. James

Vaughan, of Barbadoes, be remitted to the said James

Vaughan."[467]

It was not below the dignity of the Legislature of the colony of Rhode

Island to pass a bill of relief for Col. Vaughan, and refund to him

the six pounds he had paid to land his two sucking Negro baby slaves!

In June, 1731, the naval officer, James Cranston, called the attention

of the Assembly to the case of one Mr. Royall,--who had imported

forty-five Negroes into the colony, and after a short time sold

sixteen of them into the Province of Massachusetts Bay, where there

was also an impost-tax,--and asked directions. The Assembly replied as

follows:--

"Upon consideration whereof, it is voted and ordered, that

the duty to this colony of the said sixteen negroes

transported into the Massachusetts Bay, as aforesaid, be

taken off and remitted; but that he collect the duty of the

other twenty-nine."[468]

But the zeal of the colony in seeking the enforcement of the

impost-law created a strong influence against it from without; and by

order of the king the entire law was repealed in May, 1732.[469]

The cruel practice of manumitting aged and helpless slaves became so

general in this plantation, that the General Assembly passed a law

regulating it, in February, 1728. It was borrowed very largely from a

similar law in Massachusetts, and reads as follows:--

"An Act relating to freeing mulatto and negro slaves.

"Forasmuch, as great charge, trouble and inconveniences have

arisen to the inhabitants of divers towns in this colony, by

the manumitting and setting free mulatto and negro slaves;

for remedying whereof, for the future,--

"Be it enacted by the General Assembly of this colony, and

by the authority of the same it is enacted, that no mulatto

or negro slave, shall be hereafter manumitted, discharged or

set free, or at liberty, until sufficient security be given

to the town treasurer of the town or place where such person

dwells, in a valuable sum of not less than £100, to secure

and indemnify the town or place from all charge for, or

about such mulatto or negro, to be manumitted and set at

liberty, in case he or she by sickness, lameness or

otherwise, be rendered incapable to support him or herself.

"And no mulatto or negro hereafter manumitted, shall be

deemed or accounted free, for whom security shall not be

given as aforesaid, but shall be the proper charge of their

respective masters or mistresses, in case they should stand

in need of relief and support; notwithstanding any

manumission or instrument of freedom to them made and given;

and shall be liable at all times to be put forth to service

by the justices of the peace, or wardens of the town."[470]

It is very remarkable that there were no lawyers to challenge the

legality of such laws as the above, which found their way into the

statute books of all the New-England colonies. There could he no

conditional emancipation. If a slave were set at liberty, why he was

free, and, if he afterwards became a pauper, was entitled to the same

care as a white freeman. But it is not difficult to see that the

status of a free Negro was difficult of definition. When the Negro

slave grew old and infirm, his master no longer cared for him, and the

public was protected against him by law. Death was his most beneficent

friend.

In October, 1743, a widow lady named Comfort Taylor, of Bristol

County, Massachusetts Bay, sued and obtained judgment against a Negro

named Cuff Borden for two hundred pounds, and cost of suit "for a

grievous trespass." Cuff was a slave. An ordinary execution would have

gone against his person: he would have been imprisoned, and nothing

more. In view of this condition of affairs, Mrs. Taylor petitioned the

General Assembly of Rhode Island, praying that authority be granted

the sheriff to sell Cuff, as other property, to satisfy the judgment.

The Assembly granted her prayer as follows:--

"Upon consideration whereof, it is voted and resolved, that

the sheriff of the said county of Newport, when he shall

receive the execution against the said negro Cuff, be, and

he is hereby fully empowered to sell said negro Cuff as

other personal estate: and after the fine of £20 be paid

into the general treasury, and all other charges deducted

out of the price of said negro, the remainder to be

appropriated in said satisfying said execution."[471]

This case goes to show that in Rhode Island Negro slaves were rated,

at law, as chattel property, and could be taken in execution to

satisfy debts as other personal property.

A great many slaves availed themselves of frequent opportunities of

going away in privateers and other vessels. With but little before

them in this life, they were even willing to risk being sold into

slavery at some other place, that they might experience a change. They

made excellent seamen, and were greatly desired by masters of vessels.

This went on for a long time. The loss to the colony was great; and

the General Assembly passed the subjoined bill as a check to the

stampede that had become quite general:--

"AN ACT TO PREVENT THE COMMANDERS OF PRIVATEERS, OR MASTERS

OF ANY OTHER VESSELS, FROM CARRYING SLAVES OUT OF THIS

COLONY.

"Whereas, it frequently happens that the commanders of

privateers, and masters of other vessels, do carry off

slaves that are the property of inhabitants of this colony,

and that without the privity or consent of their masters or

mistresses; and whereas, there is no law of this colony for

remedying so great an evil,--

"Be it therefore enacted by this General Assembly, and by

the authority of the same, it is enacted, that from and

after the publication of this act, if any commander of a

private man of war, or master of a merchant ship or other

vessel, shall knowingly carry away from, or out of this

colony, a slave or slaves, the property of any inhabitant

thereof, the commander of such privateer, or the master of

the said merchant ship or vessel, shall pay, as a fine, the

sum of £500, to be recovered by the general treasurer of

this colony for the time being, by bill, plaint, or

information in any court of record within this colony.

"And be it further enacted by the authority aforesaid, that

the owner or owners of any slave or slaves that may be

carried away, as aforesaid, shall have a right of action

against the commander of the said privateer, or master of

the said merchant ship or vessel, or against the owner or

owners of the same, in which the said slave or slaves is, or

are carried away, and by the said action or suit, recover of

him or them, double damages.

"And whereas, disputes may arise respecting the knowledge

that the owner or owners, commanders or masters of the said

private men of war, merchant ships or vessels may have of

any slave or slaves being on board a privateer, or merchant

ship or vessel,--

"Be it therefore further enacted, and by the authority

aforesaid, it is enacted, that when any owner or owners of

any slave or slaves in this colony, shall suspect that a

slave or slaves, to him, her or them belonging, is, or are,

on board any private man of war, or merchant ship or vessel,

the owner or owners of such slave or slaves may make

application, either to the owner or owners, or to the

commander or master of the said ship or vessel, before its

sailing, and inform him or them thereof, which being done in

the presence of one or more substantial witness or

witnesses, the said information or application shall amount

to, and be construed, deemed and taken to be a full proof of

his or their knowledge thereof, provided, the said slave or

slaves shall go in any such ship or vessel.

"And be it further enacted by the authority aforesaid, that

if the owner or owners of any slave or slaves in this

colony, or any other person or persons, legally authorized

by the owner or owners of a slave or slaves, shall attempt

to go on board any privateer, or a merchant ship or vessel,

to search for his, her or their slave or slaves, and the

commander or master of such ship or vessel, or other officer

or officers on board the same, in the absence of the

commander or master, shall refuse to permit such owner or

owners of a slave or slaves, or other person or persons,

authorized, as aforesaid, to go on board and search for the

slave or slaves by him, her or them missed, or found absent,

such refusal shall be deemed, construed, and taken to be

full proof that the owner or owners, commander or master of

the said privateer or other ship or vessel, hath, or have a

real knowledge that such slave or slaves is, or are on

board.

"And this act shall be forthwith published, and therefrom

have, and take force and effect, in and throughout this

colony.

"Accordingly the said act was published by the beat of drum,

on the 17th day of June, 1757, a few minutes before noon, by

"THO. WARD, Secretary."[472]

The education of the Negro slave in this colony was thought to be

inimical to the best interests of the master class. Ignorance was the

_sine qua non_ of slavery. The civil government and ecclesiastical

establishment ground him, body and spirit, as between "the upper and

nether millstones." But the Negro was a good listener, and was not

unconscious of what was going on around him. He was neither blind nor

deaf.

The fires of the Revolutionary struggle began to melt the frozen

feelings of the colonists towards the slaves. When they began to feel

the British lion clutching at the throat of their own liberties, the

bondage of the Negro stared them in the face. They knew the Negro's

power of endurance, his personal courage, his admirable promptitude in

the performance of difficult tasks, and his desperate spirit when

pressed too sharply. The thought of such an ally for the English army,

such an element in their rear, was louder in their souls than the roar

of the enemy's guns. The act of June, 1774, shows how deeply the

people felt on the subject.

"AN ACT PROHIBITING THE IMPORTATION OF NEGROES INTO THIS

COLONY.

Whereas, the inhabitants of America are generally engaged in

the preservation of their own rights and liberties, among

which, that of personal freedom must be considered as the

greatest; as those who are desirous of enjoying all the

advantages of liberty themselves, should be willing to

extend personal liberty to others;--

"Therefore, be it enacted by this General Assembly, and by

the authority thereof it is enacted, that for the future, no

negro or mulatto slave shall be brought into this colony;

and in case any slave shall hereafter be brought in, he or

she shall be, and are hereby, rendered immediately free, so

far as respects personal freedom, and the enjoyment of

private property, in the same manner as the native Indians.

"Provided, nevertheless, that this law shall not extend to

servants of persons travelling through this colony, who are

not inhabitants thereof, and who carry them out with them,

when they leave the same.

"Provided, also, that nothing in this act shall extend, or

be deemed to extend, to any negro or mulatto slave,

belonging to any inhabitant of either of the British

colonies, islands or plantations, who shall come into this

colony, with an intention to settle or reside, for a number

of years, therein; but such negro or mulatto, so brought

into this colony, by such person inclining to settle or

reside therein, shall be, and remain, in the same situation,

and subject in like manner to their master or mistress, as

they were in the colony or plantation from whence they

removed.

"Provided, nevertheless, that if any person, so coming into

this colony, to settle or reside, as aforesaid, shall

afterwards remove out of the same, such person shall be

obliged to carry all such negro or mulatto slaves, as also

all such as shall be born from them, out of the colony with

them. "Provided, also, that nothing in this act shall

extend, or be deemed to extend, to any negro or mulatto

slave brought from the coast of Africa, into the West

Indies, on board any vessel belonging to this colony, and

which negro or mulatto slave could not be disposed of in the

West Indies, but shall be brought into this colony.

"Provided, that the owner of such negro or mulatto slave

give bond to the general treasurer of the said colony,

within ten days after such arrival in the sum of £100,

lawful money, for each and every such negro or mulatto slave

so brought in, that such negro or mulatto slave shall be

exported out of the colony, within one year from the date of

such bond; if such negro or mulatto be alive, and in a

condition to be removed.

"Provided, also, that nothing in this act shall extend, or

be deemed to extend, to any negro or mulatto slave that may

be on board any vessel belonging to this colony, now at sea,

in her present voyage."[473]

In 1730 the population of Rhode Island was, whites, 15,302; Indians,

985; Negroes, 1,648; total, 17,935. In 1749 there were 28,439 whites,

and 3,077 Negroes. Indians were not given this year. In 1756 the

whites numbered 35,939, the Negroes 4,697. In 1774 Rhode Island

contained 9,439 families, Newport had 9,209 inhabitants. The whites in

the entire colony numbered 54,435, the Negroes, 3,761, and the

Indians, 1,482.[474] It will be observed that the Negro population

fell off between the years 1749 and 1774. It is accounted for by the

fact mentioned before,--that many ran away on ships that came into the

Province.

The Negroes received better treatment at this time than at any other

period during the existence of the colony. There was a general

relaxation of the severe laws that had been so rigidly enforced. They

took great interest in public meetings, devoured with avidity every

scrap of news regarding the movements of the Tory forces, listened

with rapt attention to the patriotic conversations of their masters,

and when the storm-cloud of war broke were as eager to fight for the

independence of North America as their masters.

FOOTNOTES:

[450] R.I. Col. Recs., vol. i. p. 243.

[451] Bancroft, vol. i. 5th ed. p. 175.

[452] R.I. Col. Recs., vol. iii. pp. 492, 493.

[453] There is no law making the manufacturing of whiskey legal in the

United States; and yet the United-States government makes laws to

regulate the business, and collects a revenue from it. It exists by

and with the consent of the government, and, in a sense, is legal.

[454] R.I. Col. Recs., vol. iv. p. 34.

[455] I have searched diligently for the Act of February, among the

Rhode-Island Collections and Records, but have not found it. It was

evidently more comprehensive than the above Act.

[456] R.I. Col. Recs., vol iv. p. 50.

[457] R.I. Col. Recs, vol. iv. pp. 53, 54.

[458] R.I. Coll. Recs., vol. iv. pp. 54, 55.

[459] R.I. Col. Recs., vol iv. p. 59.

[460] J. Carter Brown's Manuscripts, vol. viii. Nos. 506, 512.

[461] It was a specious sort of reasoning. I learn that the bank over

on the corner is to be robbed to-night at twelve o'clock. Shall I go

and rob it at ten o'clock; because, if I do not do so, another person

will, two hours later?

[462] R.I. Col. Recs., vol. iv. pp. 133-135.

[463] R.I. Col. Recs., vol. iv. pp. 191-193.

[464] R.I. Col. Recs., vol. iv p. 225.

[465] R.I. Col. Recs., vol. iv. pp. 423, 424.

[466] Ibid., p. 330.

[467] Ibid., vol. iv. p. 209.

[468] R.I. Col. Recs., vol. iv. p. 454.

[469] Ibid., vol. iv. p. 471.

[470] Ibid., vol. iv. pp. 415, 416.

[471] R.I. Col. Recs., vol. v. pp. 72, 73.

[472] R.I. Col. Recs., vol vi. pp. 64, 65.

[473] R.I. Col. Recs., vol. vii. pp. 251, 252.

[474] American Annals, vol ii. pp. 107,155, 156, 184, and 265.

History of the Negro Race in America from 1619 to 1880. Vol 1 Negroes as Slaves, as Soldiers, and as Citizens · 第 10 / 19 章