CHAPTER V.

THE DESTRUCTION OF SLAVERY--ABOLITION.

The events which led to the extinction of slavery in Pennsylvania fall

naturally into four periods. They are, first, the years from 1682 to

about 1740, during which the Germans discountenanced slave-holding, and

the Friends ceased importing negroes; second, the period of the Quaker

abolitionists, from about 1710 to 1780, by which time slavery among

the Quakers had come to an end; third, from 1780 to 1788, the years of

legislative action; and finally, the period from 1788 to the time when

slavery in Pennsylvania became extinct through the gradual working of

the act for abolition.

Opposition to slaveholding arose among the Friends. Slavery had not

yet been recognized in statute law when they began to protest against

it. This protest, faint in the beginning and taken up only by a few

idealists, was never stopped afterwards, but, growing continually in

strength, was, as the events of after years showed, from the first

fraught with foreboding of doom to the institution. Opposition on

the part of the Friends had begun before Pennsylvania was founded.

In 1671 Fox, travelling in the West Indies, advised his brethren in

Barbadoes to deal mildly with their negroes, and after certain years of

servitude to make them free. Four years later William Edmundson in one

of his letters asked how it was possible for men to reconcile Christ's

command, to do as they would be done by, with the practice of holding

slaves without hope or expectation of freedom.[200] Nevertheless in

the first years after the settlement of Pennsylvania Friends were the

principal slaveholders. This led to differences of opinion, but at the

start economic considerations prevailed.

The reform really began in 1688, a year memorable for the first formal

protest against slavery in North America.[201] Germantown had been

settled by German refugees who in religious belief were Friends. These

men, simple-minded and honest, having had no previous acquaintance with

slavery, were amazed to find it existing in Penn's colony. At their

monthly meeting, the eighteenth of the second month, 1688, Pastorius

and other leaders drew up an eloquent and touching memorial. In words

of surpassing nobleness and simplicity they stated the reasons why they

were against slavery and the traffic in men's bodies. Would the masters

wish so to be dealt with? Was it possible for this to be in accord with

Christianity? In Pennsylvania there was freedom of conscience; there

ought likewise to be freedom of the body. What report would it cause

in Europe that in this new land the Quakers handled men as there men

treated their cattle? If it were possible that Christian men might do

these things they desired to be so informed.[202]

This protest they sent to the Monthly Meeting at Richard Worrel's.

There it was considered, and found too weighty to be dealt with, and

so it was sent on to the Quarterly Meeting at Philadelphia, and from

thence to the Yearly Meeting at Burlington, which finally decided not

to give a positive judgment in the case.[203] For the present nothing

came of it; but the idea did not die. It probably lingered in the minds

of many men; for within a few years a sentiment had been aroused which

became widespread and powerful.

In 1693 George Keith, leader of a dissenting faction of Quakers, laid

down as one of his doctrines that negroes were men, and that slavery

was contrary to the religion of Christ; also that masters should set

their negroes at liberty after some reasonable time.[204] At a meeting

of Friends held in Philadelphia in 1693 the prevailing opinion was that

none should buy except to set free. Three years later at the Friends'

Yearly Meeting it was resolved to discourage the further bringing in of

slaves.[205] In 1712 when the Yearly Meeting at Philadelphia desiring

counsel applied to the Yearly Meeting at London, it received answer

that the multiplying of negroes might be of dangerous consequence.[206]

In the next and the following years the Meetings strongly advised

Friends not to import and not to buy slaves.[207] From 1730 to 1737

reports showed that the importation of negroes by Friends was being

largely discontinued. By 1745 it had virtually ceased.[208]

It is generally believed that Pennsylvania's restrictive legislation,

that long series of acts passed for the purpose of keeping out negroes

by means of prohibitive duties, was largely due to Quaker influence.

This is probably true, but it is not easy to prove. The proceedings of

the colonial Assembly have been reported so briefly that they do not

give the needed information. When, however, the strong feeling of the

Friends is understood in connection with the fact that they controlled

the early legislatures, it is not hard to believe that the high duties

were imposed because they wished the traffic at an end. Their feeling

about the slave-trade and their desire to stop it are revealed again

and again in the meeting minutes.[209] The most drastic law was

certainly due to them.[210]

But the small number of negroes in Pennsylvania as compared with the

neighboring northern colonies was above all due to the early and

continuous aversion to slavery manifested by the Germans. The first

German settlers opposed the institution for religious reasons.[211]

This opposition is perhaps to be ascribed to them as Quakers rather

than as men of a particular race. But as successive swarms poured into

the country it was found, it may be from religious scruples, more

probably because of peculiar economic characteristics and because of

feelings of sturdy industry and self-reliance, that they almost never

bought negroes nor even hired them.[212] As the German element in

Pennsylvania was very considerable, amounting at times to one-third of

the population, such a course, though lacking in dramatic quality, and

though it has been unheralded by the historians, was nevertheless of

immense and decisive importance.[213]

During this period, then, much had been accomplished. Not only had the

Germans turned their backs upon slave-holding, but the Friends, brought

to perceive the iniquity of the practice, had ceased importing slaves,

and for the most part had ceased buying them. It was another generation

before the conservative element could be brought to advance beyond

this position. It was not so easy to make them give up the slaves they

already had.

The succeeding period was characterized by an inevitable struggle which

ensued between considerations of economy and ethics. The attitude of

many Friends was that in refusing to buy any more slaves they were

fulfilling all reasonable obligations. Sometimes there was a desire

to hush up the whole matter and get it out of mind. Isaac Norris

tells of a meeting that was large and comfortable, where the business

would have gone very well but for the warm pushing by some Friends

of Chester in the matter of negroes. But he adds that affairs were

so managed that the unpleasant subject was dropped.[214] What would

have been the result of this disposition cannot now be known; but it

proved impossible to smooth matters away. There had already begun

an age of reformers, forerunners by a hundred years of Garrison and

his associates, men who were content with nothing less than entire

abolition.

The first of the abolitionists was William Southeby of Maryland, who

went to Pennsylvania. For years the subject of slavery weighed heavily

upon his mind. As early as 1696 he urged the Meeting to take action.

His petition to the Provincial Assembly in 1712 asking that all slaves

be set free was one of the most memorable incidents in the early

struggle against slavery. But the Assembly resolved that his project

was neither just nor convenient; and his ideas were so far in advance

of the times that not only did he a little later lose favor among the

Friends, but long after it was the judgment that his ill-regulated zeal

had brought only sorrow.[215]

The next in point of time was Ralph Sandiford (1693-1733), a Friend of

Philadelphia. His hostility to slavery was aroused by the sufferings

of negroes whom he had seen in the West Indies; and his feeling was

so strong that on one occasion he refused to accept a gift from a

slaveholder. In 1729 he published his _Mystery of Iniquity_, an

impassioned protest against slavery. Although threatened with severe

penalties if he circulated this work, he distributed it wherever he

felt that it would be of use.[216] Such enmity did he arouse that he

was forced to leave the city.[217]

His work was carried forward by Benjamin Lay (1677-1759), an Englishman

who came from Barbadoes to Philadelphia in 1731. He too aroused much

hostility by his violence of expression and eccentric efforts to create

pity for the slaves. He gave his whole life to the cause, but owing to

his too radical methods he was much less influential than he might have

been.[218]

A man of far greater power was John Woolman (1720-1772), perhaps the

greatest liberator that the Friends ever produced. Woolman gave up his

position as accountant rather than write bills for the sale of negroes.

He was very religious, and most of his life he spent as a minister

travelling from one colony to another trying to persuade men of the

wickedness of slavery. In 1754 he published the first part of his

book, _Some Considerations on the Keeping of Negroes_, of which the

second part appeared in 1762. He was stricken with smallpox while on a

visit to England, and died there.[219]

The last was Anthony Benezet (1713-1784), a French Huguenot who joined

the Society of Friends. He came to Philadelphia as early as 1731, but

it was about 1750 that his attention was drawn to the negroes. From

that time to the end of his life he was their zealous advocate. By his

writings upon Africa, slavery, and the slave-trade, he attracted the

attention and enlisted the support of many. He was untiring in his

efforts. Frequently he talked with the negroes and strove to improve

them; he endeavored to create a favorable impression of them; he was

influential in securing the passage of the abolition act; and at his

death he bequeathed the bulk of his property to the cause which he had

served so well in his life.[220]

That these Quaker reformers, particularly men like Woolman and Benezet,

exerted an enormous influence against slavery in Pennsylvania,

there can be no doubt.[221] Their influence is attested by numerous

contemporary allusions, but it is proved far better by the change in

sentiment which was gradually brought about. Southeby, Sandiford, and

Lay were before their time and were treated as fanatics. Woolman and

Benezet who came afterward were able to reap the harvest which had been

sown.

The movement which had been urged with violent rapidity from without

was all the while proceeding slowly and quietly within. For many years

the Friends considered slavery, and almost every year the Meetings

made reports upon the subject. These reports showed that the number of

Quakers who bought slaves was constantly decreasing.[222] In 1743 an

annual query was instituted.[223] In 1754 the Yearly Meeting circulated

a printed letter strongly condemning slavery.[224] The second decisive

step followed when it was made a rule that Friends who persisted in

buying slaves should be disowned. The measure was effective and this

part of the work was soon accomplished.[225] Finally in 1758 the third

step was taken when it was unanimously agreed that Friends should

be advised to manumit their slaves, and that those who persisted in

holding them should not be allowed to participate in the affairs of

the Society.[226] John Woolman and others were appointed on committees

to visit slaveholders and persuade them.[227]

The work of these visiting committees is as remarkable as any in the

history of slavery. Self-sacrificing people who had freed their own

slaves now abandoned their interests and set out to persuade others

to give negroes the freedom thought to be due them. In southeastern

Pennsylvania are old diaries almost untouched for a century and a half

which bear witness of characters odd and heroic; which contain the

story of men and women sincere, brave, and unfaltering, who united

quiet mysticism with the zeal of a crusader. The committees undertook

to persuade a whole population to give up its slaves. There is no doubt

that the task was a difficult one. Again and again the writers speak

of obstacles overcome. They tell of owners who would not be convinced,

who acknowledged that slavery was wrong, and promised that they would

buy no more slaves, but who affirmed that they would keep such as they

had. The diaries speak of repeated visits, of the arguments employed,

of slow and gradual yielding, and of final triumph. If ever Christian

work was carried on in the spirit of Christ, it was when John Woolman,

Isaac Jackson, James Moon, and their fellow missionaries put an end to

slavery among the Quakers of Pennsylvania.[228]

The penalties denounced by the Meeting were imposed with firmness.

In 1761 the Chester Quarterly Meeting dealt with a member for having

bought and sold a slave.[229] Through this and the following years

there are many records in the Monthly Meetings of manumissions,

voluntary and persuaded; record being made in each case to ensure the

negro his freedom.[230] In 1774 the Philadelphia Meeting resolved that

Friends who held slaves beyond the age at which white apprentices were

discharged, should be treated as disorderly persons.[231] The work of

abolition was practically completed in 1776 when the resolution passed

that members who persisted in holding slaves were to be disowned.[232]

If this is understood in connection with the fact that in the Meetings

questions were rarely decided except by almost unanimous vote, it is

clear that so far as the Friends were concerned slavery was nearly

extinct. This was almost absolutely accomplished by 1780.[233]

The wholesale private abolition of slavery by the Friends of

Pennsylvania is one of those occurrences over which the historian

may well linger. It was not delayed until slavery had become

unprofitable,[234] nor was it forced through any violent hostility.

It was a result attained merely by calm, steady persuasion, and a

disposition to obey the dictates of conscience unflinchingly. As such

it is among the grandest examples of the triumph of principle and ideal

righteousness over self-interest.[235] It may well be doubted whether

any body of men and women other than the Friends were capable of such

conduct at this time.[236]

So far the checking of slavery in Pennsylvania had been the result of

two great factors; that the Germans would not hold slaves, and that the

Friends gradually gave them up. Another factor now made it possible

to bring about the end of the institution altogether. There began the

period of the long contest of the Revolution, when Pennsylvania was

stirred to its depths by the struggle for independence.

Almost at the beginning of the war, in 1776, the Assembly received

from citizens of Philadelphia two petitions that manumission be

rendered easier. These petitions accomplished nothing,[237] but the

feeling which had been gathering strength for so many years went

forward unchecked, and by 1778 there existed a powerful sentiment

in favor of legislative abolition. Therefore in February, 1779, the

draft of a bill was prepared and recommended by the Council; but for

a while no progress was made, since the Assembly, though it approved

the principle, believed that such a measure should originate in

itself.[238] Toward the end of the year the matter was taken up in

earnest, and a bill was soon drafted. Public sentiment was thoroughly

aroused now. Petitions for and against the bill came to the Assembly,

and letters were published in the newspapers. The friends of the

measure were untiring in their efforts. Anthony Benezet is said to have

visited every member of the Assembly. On March 1, 1780, the bill was

enacted into a law, thirty-four yeas and twenty-one nays.[239]

The "Act for the gradual Abolition of Slavery" provided that thereafter

no child born in Pennsylvania should be a slave; but that such

children, if negroes or mulattoes born of a slave mother, should be

servants until they were twenty-eight years of age; that all present

slaves should be registered by their masters before November 1, 1780;

and that such as were not then registered should be free.[240] It

abolished the old discriminations, for it provided that negroes

whether slave or free should be tried and punished in the same manner

as white people, except that a slave was not to be admitted to

witness against a freeman.[241] The earlier special legislation was

repealed.[242]

The act of 1780, which was principally the work of George Bryan,[243]

was the final, decisive step in the destruction of slavery in

Pennsylvania. The buying and selling of human beings as chattels

had become repugnant to the best thought of the state, and it had

partly passed away. The practice still survived, however, in many

quarters, and strengthened as it was by considerations of economy and

convenience, it would probably have gone on for many years. Against

this the abolition law struck a mortal blow. From the day of March 1,

1780, the little remnant of slavery slowly withered and passed away.

In the course of a generation, except for some scattered cases, it had

vanished altogether.

Pennsylvania was the first state to pass an abolition law.[244] In

after years this became a matter of great pride. Her legislators and

statesmen frequently boasted of it. Not only was the priority a glory

in itself, but the manner in which Pennsylvania conceived the law, and

the success with which she carried it out, furnished the states that

lay near her a splendid example and a strong incentive which not a few

of them followed shortly thereafter.[245]

Yet this law was open to some objections, and for different reasons

received much criticism. First, it was loosely and obscurely drawn in

some of its sections, and these gave rise to litigation.[246] In the

second place, it was largely ineffectual to prevent certain abuses

which had been foreseen when it was discussed, and which assumed

alarming proportions in a few years. Some Pennsylvanians openly kept up

the slave-trade outside of Pennsylvania, and masters within the state

sold their slaves into neighboring states, whither they sent also their

young negroes, who there remained slaves instead of acquiring freedom

at twenty-eight.[247] They even sent away for short periods their

female slaves when pregnant, so that the children might not be born on

the free soil of Pennsylvania. Besides this the kidnapping of free

negroes went on unchecked.[248]

These practices did not escape unprotested. The Friends were

indefatigable in their efforts to stop them, and the government was

not disposed to allow the work of 1780 to be undone.[249] So in 1788

was passed an act to explain and enforce the previous one. It provided

that the births of the children of slaves were to be registered; that

husband and wife were not to be separated more than ten miles without

their consent; that pregnant females should not be sent out of the

state pending their delivery; and it forbade the slave-trade under

penalty of one thousand pounds. Heavy punishments were provided for

such chicanery as had previously been employed.[250]

This legislation was enforced by the courts in constructions which

favored freedom wherever possible. Exact justice was dealt out, but

if the master had neglected in the smallest degree to comply with the

precise conditions specified in the laws, whether through carelessness,

mistake, or unavoidable circumstance, the authorities generally

showed themselves glad to declare the slave free.[251] The Friends

and abolitionists were particularly active in hunting up pretexts

and instituting law-suits for the purpose of setting at liberty the

negroes of people who believed they were obeying the laws, but who had

neglected to comply with some technical point.[252]

While these devotees of freedom were harassing the enemy they were

engaged in operations much more drastic. The laws for abolition,

respecting as they did the sacredness of right in property, had not

abrogated existing titles to slaves.[253] This the abolitionists

denounced as theft, and resolved to get justice by cutting out slavery

root and branch.[254]

First they attacked it in the courts. The declaration of rights in the

constitution of 1790 declared that all men were born equally free and

independent, and had an inherent right to enjoy and defend life and

liberty.[255] In 1792 a committee of the House refused the petition of

some slaveholders on the ground that slavery was not only unlawful in

itself, but also repugnant to the constitution.[256] This point was

seized upon by the abolitionists, who resolved to test it before the

law. Accordingly they arranged the famous case of Negro Flora _v._

Joseph Graisberry, and brought it up to the Supreme Court of the state

in 1795. It was not settled there, but went up to what was at that

time the ultimate judicial authority in Pennsylvania, the High Court

of Errors and Appeals. Some seven years after the question had first

been brought to law this august tribunal decided after lengthy and

able argument that negro slavery did legally exist before the adoption

of the constitution of 1790, and that it had not been abolished

thereby.[257]

Failing to destroy slavery in the courts the abolitionists strove to

demolish it by legal enactment. For this purpose they began a campaign

that lasted for two generations. In 1793 the Friends petitioned the

Senate for the complete abolition of slavery, and in 1799 they sent a

memorial showing their deep concern at the keeping of slaves. In the

following year citizens of Philadelphia prayed for abolition, and a few

days later the free blacks of the city petitioned that their brethren

in bondage be set free, suggesting that a tax be laid upon themselves

to help compensate the masters dispossessed. The demand for freedom

was supported in other quarters of the state, and undoubtedly a strong

feeling was aroused. The Pennsylvania Society for the Abolition of

Slavery began the practice, which it kept up for so many years, of

regularly memorializing the legislature. Later on some of the leading

men of the state took up the cause, and once the governor in his

message referred to the galling yoke of slavery and its stain upon the

commonwealth.[258]

It is probable, however, that the majority of the people in the state

believed that enough had been done, and desired to see the little

remaining slavery quietly extinguished by the operation of such laws

as were effecting the extinction. Be this as it may, it is certain

that although many bills were proposed to effect total and immediate

abolition, some of which had good prospects of success, yet each one

was gradually pared of its most radical provisions, and in the end was

always found to lack the support requisite to make it a law.

In 1797 the House had a resolution offered and a bill prepared for

abolition. This measure dragged along through the next two sessions,

but in 1800 so much encouragement came from the city and counties that

the work was carried on in earnest. The course of this bill illustrates

the progress of others. At first the proposed enfranchisement was to

be immediate and for all; then it was modified to affect only negroes

over twenty-eight. In this form it passed the House by a handsome

majority, but in the Senate it was postponed to the next session. When

finally its time came the committee having it in charge reported that

as slavery was not in accordance with the constitution of 1790, a law

to do away with slavery was not needed. The measure was still mentioned

as unfinished business about the time that the High Court decided that

slavery was in accordance with the constitution after all.[259]

The abolitionists did not lose heart. They tried again in 1803, and

again the following year. In 1811 a little was done in the House,

and in 1821 the matter was discussed in the Senate. In this latter

year a bill was prepared and debated, but nothing passed except the

motion to postpone indefinitely. Indeed the movement had now spent its

force, and was thereafter confined to futile petitions that showed more

earnestness of purpose than expectation of success.[260]

This is easily explicable when it is understood how rapidly slavery

had declined. The number of slaves in Pennsylvania had never been

large. By the first Federal census they were put at less than four

thousand; but within a decade they had diminished by more than half,

and ten years later there were only a few hundred scattered throughout

the state.[261] The majority of these slaves during the later years

were living in the western counties that bordered on Maryland and

Virginia, where slavery had begun latest and lingered longest.[262] In

Philadelphia and the older counties it had almost entirely disappeared.

So rapid was the decline that as early as 1805 the Pennsylvania

Abolition Society reported that in the future it would devote itself

less to seeking the liberation of negroes than to striving to improve

those already free. This could only mean that they were finding very

few to liberate.[263]

That the decreasing agitation for the entire abolition of slavery in

Pennsylvania was due to the decline of slavery and not to any decrease

in hostility to it, is shown by the character of other legislation

demanded, and the readiness with which stringent laws were passed.

The act of 1780 permitted the resident of another state to bring his

slave into Pennsylvania and keep him there for six months.[264] A very

strong feeling developed against this. In 1795 it was necessary for the

Supreme Court to declare that such a right was valid. It was afterwards

decided, however, that if the master continued to take his slave in

and out of Pennsylvania for short periods, the slave should be free.

Again and again the legislature was asked to withdraw the privilege.

It is needless to recount the petitions that never ceased to come,

and at times poured in like a flood. At last the pressure of popular

feeling could no longer be held back, and after the legislation of

1847 following the memorable case of Prigg _v._ Pennsylvania, when a

slave was brought by his master within the bounds of Pennsylvania, that

moment by state law he was free.[265]

Long before this time the passage through the state of slaves bound

with chains had awakened the pity of those who saw it.[266] In 1816 it

was decided that in certain cases if a runaway slave gave birth to a

child in Pennsylvania the child was free.[267] Later the legislature

forbade state officers to give any assistance in returning fugitives;

and at last lacked but little of giving fugitives trial by jury.

If it be asked whether at this time Pennsylvania was not rather

decrying slavery among her neighbors than destroying it within her own

gates, since beyond denial she still had slavery there, it must be

answered that first, her slavery as regards magnitude was a veritable

mote, and secondly, since after 1830, for example, there was not

one slave in Pennsylvania under fifty years old, it was far more to

the advantage of the negroes to remain in servitude where the law

guaranteed them protection and good treatment, than to be set free,

when their color and their declining years would have rendered their

well-being doubtful. It is probable that such slavery as existed there

in the last years was based rather on the kindness of the master

and the devotion of the slave, than on the power of the one and the

suffering of the other. It was a peaceful passing away. And so in

connection with slavery Pennsylvania is seen to have been fortunate.

Seeing at an early time the pernicious consequences of such an

institution she was able, such were the circumstances of her economic

environment, and such was the character of her people, to check it so

effectually that it never assumed threatening bulk. Almost as quick

to perceive the evil of it, she acted, and while others moralized and

lamented, she set her slaves free. Moreover as if to atone for the

sin of slave-keeping she granted her freedmen such privileges that it

seemed to her ardent idealists that the future could not but promise

well.

Whether this liberality came to be a matter of regret in after

years, and whether because of circumstances sure to come, but as yet

unforeseen, it was possible for the experience of Pennsylvania with her

free black population to be as happy as that with her slaves, it will

be the purpose of later chapters to enquire.

FOOTNOTES:

[200] Edmundson's _Journal_, 61. Janney, _History of the Friends_,

III, 178.

[201] Pennypacker, "The Settlement of Germantown," in _Pa. Mag._,

IV, 28; McMaster, "The Abolition of Slavery in the United

States," in _Chatauquan_, XV, 24, 25 (Apr., 1892). For the

protest against slavery and the slave-trade (_De instauranda

Æthiopum Salute_, Madrid, 1647) of the Jesuit, Alfonso

Sandoval, _cf._ Saco, _Historia de la Esclavitud de la Raza

Africana en el Nuevo Mundo_, 253-256.

[202] Pennypacker, _place cited_; Learned, _Life of Francis Daniel

Pastorius_, 261, 262. Facsimile of protest in Ridgway Branch

of the Library Company of Philadelphia.

[203] The Monthly Meeting declared "we think it not expedient for us

to meddle with it here." Pennypacker, _place cited_, 30, 31.

[204] Watson, _Annals_, II, 262. "An Exhortation and Caution To

Friends Concerning buying or keeping of Negroes," in _Pa.

Mag._, XIII, 265-270. This is said to have been the first

printed protest against slavery in America. _Cf._ Hildeburn,

_A Century of Printing_, etc., I, 28, 29; Gabriel Thomas,

_Account_, 53; Bettle, _Notes_, 367.

[205] Clarkson, _Life of Penn_, II, 78, 79.

[206] _Cf._ Bettle, 372.

[207] _Ibid._, 373.

[208] _Ibid._, 377.

[209] "Whereas several Papers have been read relating to the keeping

and bringing in of Negroes ... it is the advice of this

Meeting, that Friends be careful not to encourage the bringing

in of any more Negroes" ... MS. "Negroes or Slaves," Yearly

Meeting Advices, 1682-1777 (1696). "This meeting is also

dissatisfied with Friends buying and incouriging the bringing

in of Negroes" ... MS. Chester Quarterly Meeting Minutes, 6

6th mo., 1711. "There having a conscern Come upon severall

friends belonging to this meeting Conscerning the Importation

of Negros ... after some time spent in the Consideration

thereof it is the Unanimous sence of this meeting that friends

should not be concerned hereafter in the Importation thereof

nor buy any" ... MS. Chester Monthly Meeting Minutes, 27 4th

mo., 1715. MS. Chester Quarterly Meeting Minutes, 1 6th mo.,

1715. "This meeting have been for some time under a Concern by

reason of the great Quantity of Negros fetched and imported

into this Country." _Ibid._, 11 6th mo., 1729. MS. Yearly

Meeting Minutes, 19-23 7th mo., 1730. As soon as Friends had

been brought to cease the importation of negroes, attack was

made upon the practice of Friends buying negroes imported by

others. _Cf._ MS. Chester Q. M. M., 11 6th mo., 1729; 9 9th

mo., 1730. The MS. Chester M. M. M. mention 100 books on the

slave-trade for circulation.

[210] "We also kindly received your advice about negro slaves, and

we are one with you, that the multiplying of them, may be of

a dangerous consequence, and therefore a Law was made in

Pennsylvania laying Twenty pounds Duty upon every one imported

there, which Law the Queen was pleas'd to disanull, we would

heartily wish that a way might be found to stop the bringing

in more here, or at least that Friends may be less concerned

in buying or selling, of any that may be brought in, and hope

for your assistance with the Government if any farther Law

should be made discouraging the importation. We know not of

any Friend amongst us that has any hand or concern in bringing

any out of their own Country." MS. Yearly M. M., 22 7th mo.,

1714. This was written in reply to the London Yearly Meeting,

and alludes to the act passed in 1712. See above, p. 3.

[211] See above, p. 65. _Cf._ also P. C. Plockhoy's principle laid

down in his _Kort en Klaer Ontwerp_ (Amsterdam, 1662): "No

lordship or servile slavery shall burden our Company." Quoted

in Pennypacker, _Settlement of Germantown_, 204, 292.

[212] "The Germans seldom hire men to work upon their farms." Rush,

_An Account of the Manners of the German Inhabitants of

Pennsylvania_ (1789), 24. "They never, as a general thing,

had colored servants or slaves." _Ibid._, 24 (note by Rupp).

"Slaves in Pennsylvania never were as numerous in proportion

to the white population as in New York and New Jersey. To our

German population this is certainly attributable--Wherever

they or their numerous descendants located they preferred

_their own_ labor to that of negro slaves." Buck, MS. _History

of Bucks County_, 69. "Of all the nations who have settled in

America, the Germans have availed themselves the least of the

unjust and demoralizing aid of slavery." W. Grimshaw, _History

of the United States_, 79. The truth of these statements is

revealed in the tax-lists of the different counties. Thus,

in Berks County there were 2692 German tax-payers (61%) and

1724 (39%) not Germans. Of these 44 Germans held 62 slaves,

and 57 of other nationalities held 92 slaves. 3 _Pa. Arch._,

XVIII, 303-430. In York County, where there were 2051 German

property-holders (34%) and 3993 who were not Germans (66%),

27 Germans held 44 slaves as against 178 others who held 319

slaves. 3 _Pa. Arch._, XXI, 165-324. (Both these estimates are

for 1780.) In Lancaster County the property-holders included

approximately 3475 Germans (48%) and 3706 not Germans (52%).

Here 31 Germans held 46 slaves, while 200 not Germans held 402

slaves. 3 _Pa. Arch._, XVII, 489-685 (1779). The records of

the German churches rarely mention slaves.

[213] The small number of negroes in Pennsylvania was often

noticed. Burnaby, _Travels through the Middle Settlements_,

63, said "there are few negroes or slaves" ... (1759),

Anburey, _Travels through the Interior Parts of America_, II,

280-281, said, "The Pennsylvanians ... are more industrious

of themselves, having but few blacks among them." (1778).

_Cf._ Proud, _History_, II, 274. Estimates as to the number

of Germans in Pennsylvania vary from 3/5 (1747, _cf._ Rupp's

note in Rush, _Account_, 1) to 1/3 (1789, _ibid._, 54). For

many estimates _cf._ Diffenderffer, _German Immigration into

Pennsylvania_, pt. II, _The Redemptioners_, 99-108. Some few

Germans had intended to hold slaves from the first. _Cf._ the

articles of agreement between the members of the Frankfort

Company (1686): ... "alle ... leibeigenen Menschen ... sollen

unter Allen Interessenten pro rato der Ackerzahl gemein seyn."

MS. in possession of S. W. Pennypacker, Philadelphia.

[214] Watson, (MS.) Annals, 530. The same spirit is apparent much

later. "There generally appeared an uneasiness in their minds

respecting them, tho all are not so fully convinced of the

Iniquity of the practice as to get over the difficulty which

they apprehend would attend their giving them their liberty"

... MS. Abstract Rec. Gwynedd Monthly Meeting, 278 (1770).

"Perhaps thou wilt say, 'I do not buy any negroes: I only use

those left me by my father.' But is it enough to satisfy your

own conscience?" Benezet, _Notes on the Slave Trade_, 8.

[215] _Votes and Proceedings_, II, 110; _The Friend_, XXVIII, 293,

and following; A. C. Thomas, "The Attitude of the Society

of Friends toward Slavery in the Seventeenth and Eighteenth

Centuries, Particularly in Relation to Its Own Members," in

_Amer. Soc. Church History_, VIII, 273, 274.

[216] "Ralph Sandiford C^r for Cash receiv'd of Benj^a Lay for 50

of his Books which he intends to give away ... 10" (sh.) MS.

Benjamin Franklin's Account Book, Feb. 28, 1732-1733.

[217] Sandiford, _Mystery of Iniquity_, 43; Vaux, _Memoirs of the

Lives of Benjamin Lay and Ralph Sandiford_; _The Friend_, L,

170; Thomas, _Attitude_, 274; Franklin, _Works_ (ed. Sparks),

X, 403.

[218] _Cf. American Weekly Mercury_, Nov. 2, 1738, for notice in

which the Friends' Meeting denounces his _All Slave-Keepers

... Apostates_ (1737). _Cf._ anecdotes related by Vaux;

Bettle, _Notices_, 375, 376; _The Friend_, L, 170; Thomas,

_Attitude_, 274.

[219] Bettle, _Notices_, 378-382; Thomas, _Attitude_, 245, 275-279;

Tyler, _Literary History of the American Revolution_, II,

339-347; _The Friend_, LIII, 190; Woolman, _Journal_.

[220] Vaux, _Memoirs of Benezet_; _The Friend_, LXXI, 369; Thomas,

274, 275; Bettle, 382-387; Benezet's own writings.

[221] Thomas, 273. There must have been a great many other reformers

of considerable influence, but of less fame, about whose

work little has come down. _Cf._ "Thos. Nicholson on Keeping

Negroes" (1767). MS. in Misc. Coll., Box 10, Negroes.

[222] _Cf._ MS. Chester Q. M. M., 14 6th mo., 1738; 8 6th mo., 1743.

[223] Needles, _Memoir_, 13.

[224] Bettle, 377.

[225] The MS. Chester Q. M. M., 8 8th mo., 1763, say ... "we are not

quite clear of dealing in Negro's, but care is taken mostly

to discourage it ...." Three years later they add ... "clear

of importing or purchasing Negro's." _Ibid._, 11 8th mo.,

1766. _Cf._ also _ibid._, 10 8th mo., 1767; MS. Chester M.

M. Miscellaneous Papers, 28 1st mo., 1765; MS. Darby M. M.

M., II, 11, 12, 16, 19, (1764), 24, 27, 31, 33, 35, 38, 40,

42, 45, 46, (1764-1765). These references concern the case of

Enoch Eliot, who, having purchased two negroes, was repeatedly

urged to set them free, and finally did so. MS. Abstract Rec.

Abington M. M., 28 7th mo., 1760; 25 8th mo., 1760. "One of

the fr^{ds} app^d to visit Jonathan Jones reports they all had

an oppertunity With him s^d Jonathan, and that he gave them

exspectation of not making any more purchases of that kind, as

also he is sorry for the purchace he did make" ... _Ibid._, 24

11th mo., 1760; also _ibid._, 24 11th mo., 1760; 20 9th mo.,

1762; 29 10th mo., 1764.

[226] MS. Yearly M. M., 23-29 9th mo., 1758, where Friends are

earnestly entreated to "sett them at Liberty, making a

Christian Provision for them according to their Ages etc"....

_Cf._ report about George Ragan: ... "as to his Buying and

selling a Negro, he saith he Cannot see the Evil thereof, and

therefore cannot make any satisfaction, and as he has been

much Laboured with by this m^g to bring him to a sight of his

Error, This m^g therefore agreeable to a minute of our Yearly

M^g can do no Less than so far Testify ag^st him ... as not to

Receive his Collections, neither is he to sit in our m^{gs}

for Discipline until he can see his Error" ... MS. Abst.

Abington M. M., 288 (1761). _Cf._ Michener, _Retrospect of

Early Quakerism_, 346, 347; _A Brief Statement of the rise and

Progress of the Testimony of the Religious Society of Friends,

against Slavery and the Slave Trade_, 21-24; Sharpless, _A

History of Quaker Government in Pennsylvania_, II, 229;

Needles, 13. For the fervid feeling at this time _cf._

_Journal of John Churchman_ (1756), in _Friends' Library_, VI,

236.

[227] Bettle, 378; Sharpless, II, 229. _Cf._ also _Journal of Daniel

Stanton_, in _Friends' Library_, XII, 167.

[228] MS. Abst. Abington M. M., 328, 336, 347, 351, 358, 368, 372,

398; MS. Min. Sadsbury M. M., 1737-8--1783, pp. 270, 290; MS.

Min. Radnor M. M., 1772-1782, pp. 63, 66, 71, 102, 103, 107,

etc.; MS. Min. Women's Q. M., Bucks Co., 26 8th mo., 1779; 30

8th mo., 1781; MS. Darby M. M. M., II, 87, 91, 93, (1769), 178

(1774), 180, 181, 184, 186, 190 (1775), 309, 312 (1780); MS.

Women's Min. Darby M. M., 2 2d mo., 1775; 30 3rd mo., 1775; 3

8th mo., 1780; 31 8th mo., 1780; MS. Extracts Buckingham M.

M., 128, 130, 136 (1767-1768); MS. Diary of Richard Barnard,

24 9th mo., 1774; 7 6th mo., 1780; MS. Journal of Joshua

Brown, 11th mo., 1775; above all the MS. Diary of James Moon,

_passim_. _Cf._ Sharpless, _Quakerism and Politics_, 159-178;

Whittier's introduction to John Woolman's _Journal_.

[229] Futhey and Cope, _History of Chester Co._, 423.

[230] _Cf._ Abst. Rec. Gwynedd M. M., 201, 204, 213, 218, 240, 270,

271, 273, 278, 280, 307, 311, 312, 316, 321, 322, 323, 336,

348, 374, 471; MS. Papers Middletown M. M., 1759-1786, pp.

386, 388, 389, 390; Franklin, _Works_, (ed. Sparks). VIII, 42.

[231] _Brief Statement_, 49.

[232] MS. Yearly M. M., 27 9th mo., 1776; _Brief Statement_, 24-27;

Needles, 13; Thomas, 245; Sharpless, _History of Quaker

Government in Pennsylvania_, II, 138, 139.

[233] _Brief Statement_, 31-35; Needles, 13; Sharpless, II, 226.

For some years the Meetings continued to make regular reports

on this subject. "7th No Slaves among us and such of their

Offspring as are under our Care are generally pretty well

provided for." MS. Rec. Warrington Q. M., 25 8th mo., 1788.

[234] In the absence of a plantation system slavery in Pennsylvania

never was profitable in the same sense as in Virginia or South

Carolina, and where white labor could be obtained slavery

could not compete. _Cf._ Franklin, _Works_, II, 314, 315

(1751). But as it was almost impossible to obtain sufficient

white labor, or at least to retain it, slavery as it existed

in Pennsylvania was profitable throughout the colonial period.

For the strong desire to import, see above, chap. I. For

the high prices paid in the first quarter of the nineteenth

century for the right to hold negroes to the age of 28, see

below, p. 94.

[235] This is my judgment after a careful investigation of the

Friends' records. Adam Smith, who had not seen these records,

but who wrote just when the work was being completed, thought

differently. _Wealth of Nations_ (ed. Rogers), I, 391.

[236] Other sects followed the example of the Friends, _cf._

Ebeling, IV, 220, but their work was mostly significant in

connection with the legislative work of the Assembly. For the

effects of the work of the Friends _cf._ Bowden, _History of

the Friends_, II, 221.

[237] _Votes and Proceedings_, 1767-1776, p. 696.

[238] 1 _Pa. Arch._, VII, 79; _Journal of House of Rep._, 1776-1781,

p. 311.

[239] _Col. Rec._, XII, 99; _Pa. Packet_, Sept. 16, 1779; _Journals

of House, 1776-1781_, pp. 392, 394, 399, 412, 424, 435;

_Packet_, Mar. 13, 1779; Dec. 25, 1779; Jan. 1, 1780;

_Gazette_, Dec. 29, 1779; Vaux, _Memoirs of Benezet_, 92. The

distribution of the vote seems to have had no political, no

religious, and probably no economic significance. The measure

was popular in and out of the Assembly. _Packet_, Dec. 25,

1779; _Jour. of House, 1776-1781_, p. 435. An earlier bill

had been published in the _Packet_, Mar. 4, 1779. It is very

interesting. The bill as finally drafted became the first act

for the abolition of slavery in the United States. Accordingly

its authors had to do much original and constructive work.

In the course of the work their ideas underwent some change,

and the transition is easily seen in comparing the first bill

of 1779 with the act as passed in 1780. In some respects the

first is more liberal than the second; in other respects

less so. Thus at first it was intended to make the children

of slaves servants until twenty-one only. (_Packet_, Mar. 4,

1779). "A Citizen" discussing this objected that the master

would receive inadequate compensation for rearing negro

children, and urged that the age limit be made twenty-eight

or even thirty. (_Packet_, Mar. 13, 1779), and so pay for the

unproductive years, which was but just. The law made the age

twenty-eight. On the other hand it was at first proposed to

continue the prohibition of intermarriage and the permission

to bind out idle free negroes. (_Packet_, Mar. 4, 1779). Both

these provisions were omitted from the law.

[240] _Stat. at L._, X, 67-73; 2 Sergeant and Rawle, 305-309. Many

of the Friends thought that negroes ought not to be held after

they were twenty-one. _Cf._ MS. Rec. Pa. Soc. Abol. Sl., I,

23. Very many masters lost their negroes through failing to

register them, through ignorance of the provision requiring

registry, or through carelessness in complying with it. _Cf._

Rush, _Considerations upon the Present Test-Law_, (2nd ed.), 7

(note); _Journals of House, 1776-1781_, p. 537, and following;

4 _Pa. Arch._, III, 822. _Cf._ Christopher Marshall's

Remembrancer, F, Oct. 10, 1780: ... "gott our Negro Recorded."

_Cf. York Herald_, Apr. 26, 1797. The limit was extended

to Jan. 1, 1783, in favor of the citizens of Washington and

Westmoreland counties, previously under the jurisdiction of

Virginia. _Stat. at L._, X, 463. Runaways from other states

were of course not made free by this provision. _Cf._ sect.

VIII of act.

[241] The repeal of this section was proposed the next year, but

failed by three votes. _Cf. Journals of House, 1776-1781_,

p. 605. It was finally repealed in 1847.

[242] Sect. X of act.

[243] For the view that it was drafted by William Lewis, _cf. Pa.

Mag._, XIV, 14; Robert E. Randall, _Speech on the Laws of the

State relative to Fugitive Slaves_, 6; Horace Binney, _Leaders

of the Old Bar of Philadelphia_, 25. There can be little

doubt, however, that full credit should be given to Bryan.

"He framed and executed the 'act'" ... Obituary notice in the

_Gazette_, Feb. 2, 1791. _Cf._ inscription on his tomb-stone,

copy in Inscriptions in the Burying Ground of the Second

Presbyterian Church Phila. (MS. H. S. P.); _Mem. Hist. Soc.

Pa._, I, 408-410; Konkle, _Life and Times of Thomas Smith_,

105.

[244] Vermont had forbidden slavery by her constitution of 1777.

Poore, II, 1859.

[245] Its significance in this respect is remarked by Bowden,

_History of the Friends_, II, 220. Connecticut and Rhode

Island provided for abolition in 1784, New York in 1799, New

Jersey in 1804. The same was accomplished in Massachusetts

in 1780, and in New Hampshire in 1792, by construction of

the constitution. Among many instances where Pennsylvania

pointed to her great act with pride, _cf. Acts of Assembly,

1819-20_, p. 199; 4 _Pa. Arch._, VI, 242, 290. Albert

Gallatin, writing to Charles Brown, Mar. 1, 1838, says: "It is

indeed a great subject of pride ... that as one of the United

States she was the first to abolish slavery" ... _Writings_

(ed. Adams), II, 523, 524.

[246] 1 Dallas 469; 14 Sergeant and Rawle 443-446; 1 _Pa. Arch._,

VIII, 720.

[247] _Pa. Mag._, XV, 372, 373. The selling-price elsewhere was

greater since it included the price of the posterity.

[248] Brissot de Warville, _Mémoire sur les Noirs de l'Amérique

Septentrionale_, 19.

[249] _Minutes of Assembly, 1787-1788_, pp. 104, 134, 135, 137,

159, 164, 177, 197; _Packet_, Mar. 13, 1788; _Diary of Jacob

Hiltzheimer_, 144.

[250] _Laws of Pennsylvania_ (Carey and Bioren), III, 268-272.

Despite this many negroes continued to be sold out of the

state, and in 1795 the Pa. Soc. Abol. Sl. was asking for a

more stringent law. _Cf._ MS. Rec. of Soc., IV, 191. Also

MS. Supreme Court Papers, nos. 3, 4, (1795). As late as 1796

the author of the _Reise von Hamburg nach Philadelphia_

says: "Häufig kommen, in Philadelphia vorzüglich ... grosze

Transporte von Sclaven von Africa vorüber," p. 24.

[251] 1 Dallas 491, 492; 2 Dallas 224-228; 3 Sergeant and Rawle

396-402; 2 Yeates 234, 449; 3 _id._ 259-261; 4 _id._ 115, 116;

6 Binney 206-211; MS. Sup. Ct. Papers, I, 1; MS. Rec. Pa. Soc.

Abol. Sl., I, 197.

[252] 2 Rawle, 204-206; 1 Penrose and Watts 93. _Cf. Min. of

Assembly, 1785-1786_, pp. 168, 169.

[253] 14 Sergeant and Rawle 442; Brissot, _Mémoire_, 20.

[254] Brissot, _Mémoire_, 21. _Cf._ the severe censure in _Why

Colored People in Philadelphia Are Excluded from the Street

Cars_ (1866), 23.

[255] Art. IX, sect. 1.

[256] _Journal of the House, 1792-1793_, pp. 39, 55.

[257] MS. Docket Supreme Court of Pennsylvania, XXVII, 379. The suit

was on a writ "de homine replegiando." _Cf._ Stroud, _Sketch

of the Laws Relating to Slavery in the Several States of the

United States of America_ (2d ed.), 227 (note); MS. Docket

of the High Court of Errors and Appeals, 1780-1808, p. 126;

_Pa. Gazette_, Feb. 3, 1802; Report of Pa. Soc. Abol. Sl. in

_Minutes Sixth Convention Abol. Soc., Phila., 1800_, p. 7.

It was the different decision of an exactly similar question

that abolished slavery in Massachusetts. _Cf._ Littleton _v._

Tuttle, 4 Massachusetts 128.

[258] _Journal of Senate, 1792-1793_, pp. 150, 151; _1798-1799_, p.

149; _J. of H., 1799-1800_, pp. 76, 123, 153, 160, 172, 190;

_J. of S., 1799-1800_, p. 223; _J. of S., 1800-1801_, pp. 134,

135; _J. of H., 1802-1803_, p. 218; _J. of H., 1811-1812_, pp.

24, 216; 4 _Pa. Arch._, IV, 757, for Governor Snyder's message.

[259] _J. of H., 1796-1797_, pp. 283, 308, 354, 355; _J. of H.,

1797-1798_, pp. 75, 269; _J. of H., 1798-1799_, pp. 20, 354;

_J. of H., 1799-1800_, pp. 23, 76, 93, 123, 153, 160, 162,

172, 176, 190, 236, 303, 304, 306, 309, 310, 313, 314, 330,

358, 376; _J. of S., 1799-1800_, pp. 144, 223, 235. The bill

passed the House 54 to 15. _J. of S., 1800-1801_, p. 175; _J.

of S., 1801-1802_, p. 24.

[260] _J. of H., 1802-1803_, pp. 361, 362; _1804-1805_, p. 61; _Pa.

Gazette_, Feb. 1, 1804; _J. of H., 1811-1812_, pp. 58, 67,

216; _J. of. S., 1820-1821_, p. 33; _Phila. Gazette_, Mar.

6, 1821; _J. of S., 1820-1821_, pp. 105, 308, 469, 531, 532,

535, 536. For the provisions of such a bill--the abolition

of slavery and of servitude until twenty-eight--compensation

of owners--permission for negroes to remain slaves if they

so desired--_cf. House Report_ no. 399 (1826); _J. of H.,

1825-1826_, pp. 370, 375, 396, 497, 498. Also _J. of S.,

1841_, vol. I, 249, 294.

[261] The numbers were 1790, _3737_; 1800, _1706_; 1810, _795_;

1820, _211_; 1830, _67_; 1840, _64_ (?). The U. S. Census

Reports do not mention any after 1840, but it is said that

James Clark of Donegal Township, Lancaster County, held a

slave in 1860. _Cf._ W. J. McKnight, _Pioneer Outline History

of Northwestern Pennsylvania_, 311. It is necessary to remark

that the U. S. Census reported _386_ as the number of slaves

in 1830. As this was in increase of 175 over the number

reported in 1820, it aroused consternation in Pennsylvania and

amazement elsewhere, so that a committee of the Senate was

immediately appointed to investigate. Their account showed

that there had been no increase but a substantial diminution

in numbers; and that the U. S. officers had been grossly

careless, if not positively ignorant in their work. _J. of S.,

1832-1833_, vol. I, 141, 148, 482-487; _Hazard's Register_,

IV, 380; IX, 270-272, 395; XI, 158, 159; _African Repository

and Colonial Journal_, VII, 315.

[262] _Cf. J. of S., 1821-1822_, pp. 214, 215.

[263] _Minutes Tenth American Convention Abol. Sl., Phila., 1805_,

p. 13.

[264] _Stat. at L._, X, 71.

[265] Respublica _v._ Richards, 2 Dallas 224-228; Commonwealth _v._

Smyth, 1 Browne 113, 114; _Laws of Assembly, 1847_, p. 208.

This law was affirmed by the courts in 1849. Kauffman _v._

Oliver 10 _Pa. State Rep._ (Barr), 517-518. It was at times

contested by the citizens of other states, as in the famous

episode of J. H. Wheeler's slaves in 1855. _Cf. Narrative of

Facts in the Case of Passmore Williamson_. In this case the

Federal District Court held that Pa. had no jurisdiction over

the right of transit. In 1860 a negress was brought from Va.

to Pa. She was at once told that she was free; but when her

master returned she went back with him. _Phila. Inquirer_,

Aug. 29, 1860.

[266] _J. of H., 1821-1822_, pp. 628, 637, 950; _J. of S.,

1821-1822_, pp. 325, 330, 331. For a vivid description _cf._

Parrish, _Remarks on the Slavery of the Black People_ (1806),

21.

[267] If the mother had absconded before she became pregnant.

Commonwealth _v._ Holloway (1816), 2 Sergeant and Rawle 305.

_Cf. Niles's Weekly Register_, X, 400.

BIOGRAPHICAL NOTE.

Edward Raymond Turner was born May 28, 1881, in Baltimore, Maryland,

where he obtained his earlier education. After receiving the degree of

Bachelor of Arts at St. Johns College, Annapolis, 1904, he taught in

the Baltimore schools. He entered the Johns Hopkins University in 1907,

and was Fellow in History 1909-1910.

Transcriber's Note

A reference to p. 111 in note 87 on p. 29 seems incorrect. The

final page of this text is p. 88.

The following likely printer's errors were corrected:

p. 7 The Manufac[t]urer Added.

p. 26 Cf / _Cf_ Italic.

p. 27 n. 30 _Col. Rec._[,] I, 61; Added.

p. 47 n. 40 [_in Mem./in _Mem.] Hist. Soc. Pa._ Font error.

End of Project Gutenberg's Slavery in Pennsylvania, by Edward Raymond Turner

Slavery in Pennsylvania A Dissertation Submitted to the Board of University Studies of the Johns Hopkins University in Conformity with the Requirements for the Degree of Doctor of Philosophy, 1910 · 第 5 / 5 章