The Negroes were delivered to Thomas Knox on the 28th of June, and were conveyed "to Castle Island pr. Order of Court." The Board of War voted the "34 Negroes delivered" rations. Lieut.-Col. Paul Revere was instructed to "issue to the Negroes at Castle Island—1 lb. of Beef, 1 lb. of Rice pr. day." The following letter is not without interest:—

"WAR OFFICE, 28 June, 1779.

"LT.-COL. REVERE,

"Agreeable to a Resolve of Court we send to Castle Island and place under your care the following Negroes, viz.:

[19] Men, [10] Women, [5] Children,

lately brought into this Port in the Spanish retaken Ship Victoria. The Men are to be employed on the Fortifications there or elsewhere in the Harbor, in the most useful manner, and the Women and Children, according to their ability, in Cooking, Washing, etc. They are to be allowed for their subsistence One lb. of Beef, and one lb. of Rice per day each, which Commissary Salisbury will furnish upon your order, and this to continue until our further orders.

"By Order of the Board."

In accordance with the order of the Legislature, made on the 24th of June, the president of the Board of War, Samuel P. Savage, wrote a letter to the Massachusetts delegates in Congress, dated "War Office June 29th 1779," calling attention to the re-captured Negroes. The letter closed with the following:—

"Every necessary for the speedy discharge of these people, we have no doubt you will take, that as much expense as possible may be saved to those who call themselves their owners."

The writer was at pains to enumerate, in his letter, such slaves as he was enabled to locate.

"5 Men 4 Women 4 Boys 1 Girl belonging to Mr. Wm. Vryne. "9 Men 1 Woman belonging to Mr. Anthony Pawley. "1 Man belonging to Mr. Thomas Todd. "2 Men 3 Women belonging to Mr. Henry Lewis. "2 Men 2 Women belonging to Mr. William Pawley.

"One of the negroes is an elderly sensible man, calls himself James, and says he is free, which we have no reason to doubt the truth of. He also says that he with the rest of the Negroes were taken from a place called Georgetown."[598]

Pending the action of the lawful owners of these captives, the council instructed the commandant of Castle Island, Col. Paul Revere, to place out to service, in different towns, some of the Negroes, with the understanding that they should be delivered up to the authorities on their order. Some were delivered to gentlemen who desired them as servants. But in the fall of 1779 quite a number were still on the island, as may be seen by the following touching letter:—

"BOSTON, Oct'r. 12. 1779. A Return of y'e Negroes at Castle Island, Viz.:

"NEGRO MEN.

"1. ANTHONY. 6. BOBB. 11. JUNE. 2. PARTRICK. 7. ANTHONEY. 12. RHODICK. 3. PADDE. 8. ADAM. 13. JACK. 4. ISAAC. 9. JACK. 14. FULLER. 5. QUASH. 10. GYE. 15. LEWIS.

"The above men are stout fellows.

"NEGRO BOYS.

"No. 1. SMART. 2. RICHARD. "Boys very small.

"NEGRO WOOMEN. NEGRO GIRLS. "No. 1. KITTEY. No. 1. LYSETT. 2. LUCY. 2. SALLY 3. MILLEY. 3. MERCY. 4. LANDER. "Pretty large. Rather stout.

"_Gentlemen.

"The Scituation of these Negroes is pitiable with respect to Cloathing.

"I am, Gen't. "Your very hum. Serv't. "John Hancock._"[599]

"OCT. 12, 1779."

In the mean time some of the reputed owners of the Negroes at Castle Island had come from Charleston, S.C., to secure their property. When they arrived in Boston they secured the services of John Codman, Isaac Smith, and William Smith, who on the 15th of November, 1779, petitioned the Council for the "restitution" of slaves taken by a British privateer, and retaken by two armed vessels of Massachusetts. A committee was appointed to consider the petitions, and report what action should be taken in the matter. Two days later another petition was presented to the Council by one John Winthrop, "praying that certain negroes, who were brought into this state by the Hazard and Tyrannicide, may be delivered to him." It was referred to the committee appointed on the 15th of November. On the 18th of November, "Jabez Fisher, Esq., brought down a report of the Committee of both Houses on the petition of Isaac Smith, being by way of resolve, directing the Board of War to deliver so many of the negroes therein mentioned, as are now alive. Passed in Council, and sent down for concurrence." The order of the House is, "Read and concurred, as taken into a new draught. Sent up for concurrence."

It is printed among the resolves of November, 1779.

"XXXI. Resolve relinquishing this state's claim to a number of Negroes, passed November 18, 1779.

"Whereas a number of negroes were re-captured and brought into this State by the armed vessels Hazard and Tyrannicide, and have since been supported at the expense of this State, and as the original owners of said Negroes now apply for them:

"Therefore Resolved, That this Court hereby relinquish and give up any claim they may have upon the said owners for re-capturing said negroes: Provided they pay to the Board of War of this State the expence that has arisen for the support and clothing of the Negroes aforesaid."[600]

On the 12th of April, 1780, Massachusetts passed an Act providing more effectually "for the security, support, and exchange of prisoners of war brought into the State." It declares that

"All Prisoners of War, whether captured by the Army or Navy of the United States, or armed Ships or Vessels of any of the United States, or by the Subjects, Troops, Ships, or Vessels of War of this State, and brought into the same, or cast on shore by shipwreck on the coast thereof ... all such prisoners, so brought in or cast on shore (including Indians, Negroes, and Molatoes) be treated in all respects as prisoners of war to the United States, any law or resolve or this Court to the contrary notwithstanding."[601]

The above Act was passed in compliance with a resolution of Congress, Jan. 13, 1780; and it repealed an Act of 1777, that made no provisions for the capture of Negroes.

On the 23d of January, 1784, Gov. Hancock sent a message to the Legislature, transmitting correspondence received dining the adjournment of the Legislature from Oct 28, 1783, to Jan. 21, 1784. Calling the attention of the Legislature to this correspondence, he referred to a letter from "His Excellency the Governor of South Carolina, respecting the detention of some Negroes here, belonging to the subjects of that state. I have communicated it to the Judges of the Supreme Judicial Court—their observations upon it are with the Papers. I have made no reply to the letter, judging it best to have your decision upon it."[602] The same papers on the same day were read in the Senate, and a joint committee of both houses was appointed. The committee reported to both branches of the Legislature on the 23d of March, 1784, and the report was adopted. A request was made of the governor to furnish copies of the opinions of the judges, etc.

"CLXXI. Order requesting the Governor to write to Governor Guerard of South Carolina, inclosing the letter of the Judges of the Supreme Judicial Court, March, 23d, 1784.

"Ordered, that his Excellency the Governor be requested to write to His Excellency Benjamin Guerard, Governor of South Carolina, inclosing for the information of Governor Guerard, the letter of the Judges of the Supreme Judicial Court of this Commonwealth, with the copy in the said letter referred to, upon the subject of Governor Guerard's letter, dated the sixth October, 1783."

The papers referred to seem to have been lost, but extracts are here produced:—

"GOVERNOR GUERARD TO GOVERNOR HANCOCK, 6th October, 1783.

EXTRACT. "That such adoption is favoring rather of the Tyranny of Great Britain which occasioned her the loss of these States—that no act of British Tyranny could exceed the encouraging the negroes from the State owning them to desert their owners to be emancipated—that it seems arbitrary and domination—assuming for the Judicial Department of any one State, to prevent a restoration voted by the Legislature and ordained by Congress. That the liberation of our negroes disclosed a specimen of Puritanism I should not have expected from gentlemen of my Profession."

MEMORANDUM. "He had demanded fugitives, carried off by the British, captured by the North, and not given up by the interference of the Judiciary.' Governor Hancock referred the subject to the Judges."

"JUDGES CUSHING AND SARGENT TO GOVERNOR HANCOCK, Boston,

Dec. 20, 1783.

EXTRACT. "How this determination is an attack upon the spirit, freedom, dignity, independence, and sovereignty of South Carolina, we are unable to conceive. That this has any connection with, or relation to Puritanism, we believe is above y'r Excellency's comprehension as it is above ours. We should be sincerely sorry to do any thing inconsistent with the Union of the States, which is and must continue to be the basis of our Liberties and Independence; on the contrary we wish it may be strengthened, confirmed, and endure for ever."[603]

By the Treaty of Peace in 1783, Negroes were put in the same category with horses and other articles of property.[604]

"Negroes [says Mr. Hamilton], by the laws of the States, in which slavery is allowed, are personal property. They, therefore, on the principle of those laws, like horses, cattle and other movables, were liable to become booty—and belonged to the enemy, [captor] as soon as they came into his hands. Belonging to him, he was free either to apply them to his own use, or set them at liberty. If he did the latter, the grant was irrevocable, restitution was impossible. Nothing in the laws of nations or in those of Great Britain, will authorize the resumption of liberty, once granted to a human being."[605]

On the 6th of May, 1783, Gen. Washington wrote Sir Guy Carleton:—

"In the course of our conversation on this point, I was surprised to hear you mention, that an embarkation had already taken place, in which a large number of negroes had been carried away. Whether this conduct is consonant to, or how far it may be deemed an infraction of the treaty, is not for me to decide. I cannot, however, conceal from you, that my private opinion is, that the measure is totally different from the letter and spirit of the treaty. But waiving the discussion of the point, and leaving its decision to our respective sovereigns; I find it my duty to signify my readiness, in conjunction with your Excellency, to enter into any agreement, or take any measures, which may be deemed expedient, to prevent the future carrying away of any negroes, or other property of the American inhabitants."[606]

In his reply, dated New York, May 12, 1783, Sir Guy Carleton says,—

"I enclose a copy of an order, which I have given out to prevent the carrying away any negroes or other property of the American inhabitants."[607]

It is clear, that notwithstanding the Act of the Massachusetts Legislature, and in the face of the law of Congress on the question of recaptures, Gen. Washington, the Congress of the United Colonies, and subsequently of the United States, regarded Negroes as property from the beginning to the end of the war. The following treaties furnish abundant proof that Negroes were regarded as property during the war, by the American government:—

"PROVISIONAL ARTICLES BETWEEN THE UNITED STATES OF AMERICA AND HIS BRITANNIC MAJESTY.

"Agreed upon by and between Richard Oswald, Esquire the Commissioner of His Britannic Majesty, for treating of Peace with the Commissioners of the United States of America, in behalf of his said Majesty, on one part, and John Adams, Benjamin Franklin, John Jay and Henry Laurens, four of the Commissioners of the said States, etc., etc., etc.

"Article VII. * * * All prisoners on both sides shall be set at liberty, and His Britannic Majesty shall with all convenient speed, and without causing any destruction, or carrying away any 'negroes or other property' of the American inhabitants, withdraw all his armies, garrisons and fleets from the said United States, and from every port, place and harbour within the same.* * *

"Done at Paris, Nov 30, 1782.

"RICHARD OSWALD, [L.S.] "JOHN ADAMS, [L.S.] "B. FRANKLIN, [L.S.] "JOHN JAY, [L.S.] "HENRY LAURENS, [L.S.]"[608]

"DEFINITE TREATY OF PEACE, BETWEEN THE UNITED STATES OF AMERICA AND HIS BRITANNIC MAJESTY.

"Article VII. * * * And His Britannic Majesty shall, with all convenient speed, and without causing any destruction, or carrying away any 'negroes or other property' of the American inhabitants, withdraw all his armies, etc., etc., etc.* * *

"Done at Paris, Sept. 3, 1783.

"D HARTLEY. [L.S.] "JOHN ADAMS, [L.S.] "B. FRANKLIN, [L.S.] "JOHN JAY, [L.S.]"[609]

"TREATY OF PEACE AND AMITY, BETWEEN HIS BRITANNIC MAJESTY AND THE UNITED STATES OF AMERICA,

"[Ratified and confirmed by and with the advice and consent of the Senate, Feb. 11, 1815.]

"Article I. * * * Shall be restored without delay, and without causing any destruction, or carrying away any of the artillery or other public property originally captured in the said forts or places, and which shall remain therein upon the exchange of the ratifications of this treaty, or any 'slaves or other private property.' * * * *

"Done, in triplicate, at Ghent, Dec. 24, 1814.

"GAMBIER, [L.S.] "HENRY GOULBURN, [L.S.] "WILLIAM ADAMS, [L.S.] "JOHN OUINCY ADAMS, [L.S.] "J.A. BAYARD, [L.S.] "H. CLAY, [L.S.] "JONA. RUSSELL, [L.S.] "ALBERT GALLATIN. [L.S.]"[610]

It was not a difficult matter to retake Negroes captured by the enemy, and then treat them as prisoners of war. But no officer in the American army, no member of Congress, had the moral courage to proclaim that property ceased in a man the moment he donned the uniform of a Revolutionary soldier, and that all Negro soldiers captured by the enemy should be treated as prisoners of war. So, all through the war with Britain, the Negro soldier was liable to be claimed as property; and every bayonet in the army was at the command of the master to secure his property, even though it had been temporarily converted into an heroic soldier who had defended the country against its foes. The unprecedented spectacle was to be witnessed, of a master hunting his slaves under the flag of the nation. And at the close of hostilities many Negro soldiers were called upon to go back into the service of their masters; while few secured their freedom as a reward for their valor. The following letter of Gen. Washington, addressed to Brig.-Gen. Rufus Putnam, afterwards printed at Marietta, O., from his papers, indicates the regard the Father of his Country had for the rights of the master, though those rights were pushed into the camp of the army where many brave Negroes were found; and it also illustrates the legal strength of such a claim:—

"HEAD QUARTERS, Feb. 2, 1783.

"SIR,—Mr. Hobby having claimed as his property a negro man now serving in the Massachusetts Regiment, you will please to order a court of inquiry, consisting of five as respectable officers as can be found in your brigade, to examine the validity of the claim, the manner in which the person in question came into service, and the propriety of his being discharged or retained in service. Having inquired into the matter, with all the attending circumstances, they will report to you their opinion thereon; which you will report to me as soon as conveniently may be.

"I am, Sir, with great respect, "Your most obedient servant, "G. WASHINGTON.

"P.S.—All concerned should be notified to attend.

"Brig.-Gen. PUTNAM."

Enlistment in the army did not work a practical emancipation of the slave, as some have thought. Negroes were rated as chattel property by both armies and both governments during the entire war. This is the cold fact of history, and it is not pleasing to contemplate. The Negro occupied the anomalous position of an American slave and an American soldier. He was a soldier in the hour of danger, but a chattel in time of peace.

FOOTNOTES:

[588] Felt says, in History of Salem, vol. ii. p. 278: "Sept. 17 [1776]. At this date two slaves, taken on board of a prize, were to have been sold here; but the General Court forbid the sale, and ordered such prisoners to be treated like all others."

[589] Resolves, p. 14. Quoted by Dr. Moore from the original documents.

[590] Mr. Motley, "Rise of Dutch Republic," vol. i. p. 151, says that in the sixteenth century, in wars between European states, the captor had a property in his prisoner, which was assignable.

[591] Law of Fiefdom and Bondage, vol. i. p. 158.

[592] Mr. Hurd says, "In ascribing slavery to the law of nations it is a very common error to use that term not in the sense of universal jurisprudence—the Roman jus gentium-but in the modern sense of public international law, and to give the custom of enslaving prisoners of war, in illustration: as if the legal condition of other slaves who had never been taken in war were not equally jure gentium according to the Roman jurisprudence" See Mr. Webster's speech, 7th March, 1830; Works, vol. v. p. 329.

[593] Dawson's Stony Point, pp. 111, 118.

[594] Dr. Moore thinks this the wrong name. The resolve proves it.

[595] House Journal, p. 60.

[596] Ibid, pp. 63, 64.

[597] Resolves, p. 51.

[598] Mass. Archives, vol. cli., pp. 202-294.

[599] The indefatigable Dr. George H. Moore copied the letter from the original manuscript. The portions in Italics are in the handwriting of Hancock. I have been placed under many obligations to my friend Dr. Moore.

[600] Resolves, p. 131.

[601] Laws, 1780, chap. v. pp. 283, 284.

[602] Journal, vol. iv. pp. 308, 309.

[603] From Mr. Bancroft's MSS., America, 1783, vol. ii. Quoted by Dr. Moore.

[604] Sparks's Washington, vol. viii. p. 428, note.

[605] Works of Hamilton, vol. vii. p. 191.

[606] Sparks's Washington, vol. viii. pp. 431,432.

[607] Sparks's Washington, vol. viii, Appendix, p. 544.

[608] U.S. Statutes at large, vol. viii, pp. 54, 57.

[609] Ibid., pp. 80, 83.

[610] U.S. Statutes at large, vol. viii. p. 218.



CHAPTER XXIX.

THE NEGRO INTELLECT.—BANNEKER THE ASTRONOMER.[611].—FULLER THE MATHEMATICIAN.—DERHAM THE PHYSICIAN.

STATUTORY PROHIBITION AGAINST THE EDUCATION OF NEGROES.—BENJAMIN BANNEKER, THE NEGRO ASTRONOMER AND PHILOSOPHER.—HIS ANTECEDENTS.—YOUNG BANNEKER AS A FARMER AND INVENTOR.—THE MILLS OF ELLICOTT & Co.—BANNEKER CULTIVATES HIS MECHANICAL GENIUS AND MATHEMATICAL TASTES.—BANNEKER'S FIRST CALCULATION OF AN ECLIPSE SUBMITTED FOR INSPECTION IN 1789.—HIS LETTER TO MR. ELLICOTT.—THE TESTIMONY OF A PERSONAL ACQUAINTANCE OF BANNEKER AS TO HIS UPRIGHT CHARACTER.—HIS HOME BECOMES A PLACE OF INTEREST TO VISITORS.—RECORD OF HIS BUSINESS TRANSACTIONS.—MRS MASON'S VISIT TO HIM.—SHE ADDRESSES HIM IN VERSE.—BANNEKER REPLIES BY LETTER TO HER.—PREPARES HIS FIRST ALMANAC FOR PUBLICATION IN 1792.—TITLE OF HIS ALMANAC.—BANNEKER'S LETTER TO THOMAS JEFFERSON.—THOMAS JEFFERSON'S REPLY.—BANNEKER INVITED TO ACCOMPANY THE COMMISSIONERS TO RUN THE LINES OF THE DISTRICT OF COLUMBIA.—BANNEKER'S HABITS OF STUDYING THE HEAVENLY BODIES.—MINUTE DESCRIPTION GIVEN TO HIS SISTERS IN REFERENCE TO THE DISPOSITION OF HIS PERSONAL PROPERTY AFTER DEATH..—HIS DEATH..—REGARDED AS THE MOST DISTINGUISHED NEGRO OF HIS TIME.—FULLER THE MATHEMATICIAN, OR "THE VIRGINIA CALCULATOR".—FULLER OF AFRICAN BIRTH, BUT STOLEN AND SOLD AS A SLAVE INTO VIRGINIA.—VISITED BY MEN OF LEARNING.—HE WAS PRONOUNCED TO BE A PRODIGY IN THE MANIPULATION OF FIGURES.—HIS DEATH.—DERHAM THE PHYSICIAN.—SCIENCE OF MEDICINE REGARDED AS THE MOST INTRICATE PURSUIT OF MAN.—DAILY LIFE OF JAMES DERHAM.—HIS KNOWLEDGE OF MEDICINES, HOW ACQUIRED.—HE BECOMES A PROMINENT PHYSICIAN IN NEW ORLEANS.—DR. RUSH GIVES AN ACCOUNT OF AN INTERVIEW WITH HIM.—WHAT THE NEGRO RACE PRODUCED BY THEIR GENIUS IN AMERICA.

From the moment slavery gained a foothold in North America until the direful hour that witnessed its dissolution amid the shock of embattled arms, learning was the forbidden fruit that no Negro dared taste. Positive and explicit statutes everywhere, as fiery swords, drove him away hungry from the tree of intellectual life; and all persons were forbidden to pluck the fruit for him, upon pain of severe penalties. Every yearning for intellectual food was answered by whips and thumb-screws.

But, notwithstanding the state of almost instinctive ignorance in which slavery held the Negro, there were those who occasionally astounded the world with the brightness of their intellectual genius. There were some Negroes whose minds ran the gauntlet of public proscription on one side and repressive laws on the other, and safely gained eminence in astronomy, mathematics, and medicine.

BANNEKER THE ASTRONOMER.

BENJAMIN BANNEKER, the Negro astronomer and philosopher, was born in Maryland, on the 9th of November, 1731. His maternal grandmother was a white woman, a native of England, named Molly Welsh. She came to Maryland in a shipload of white emigrants, who, according to the custom of those days, were sold to pay their passage. She served her master faithfully for seven years, when, being free, she purchased a small farm, at a nominal price. Soon after she bought two Negro slaves from a ship that had come into the Chesapeake Bay, and began life anew. Both of these Negroes proved to be men of more than ordinary fidelity, industry, and intelligence. One of them, it was said, was the son of an African king. She gave him his freedom, and then married him. His name was Banneker.[612] Four children were the fruit of this union; but the chief interest centres in only one,—a girl, named Mary. Following the example of her mother, she also married a native of Africa: but both tradition and history preserve an unbroken silence respecting his life, with the single exception that, embracing the Christian religion, he was baptized "Robert Banneker;" and the record of his death is thus preserved, in the family Bible: "Robert Banneker departed this life, July 'ye 10th 1759." Thus it is evident that he took his wife's surname. Benjamin Banneker was the only child of Robert and Mary Banneker.

Young Benjamin was a great favorite with his grandmother, who taught him to read. She had a sincere love of the Sacred Scriptures, which she did not neglect to inculcate into the youthful heart of her grandson. In the neighborhood,—at that time an almost desolate spot,—a school was conducted where the master admitted several Colored children, with the whites, to the benefits of his instructions. It was a "pay school," and thither young Banneker was sent at a very tender age. His application to his studies was equalled by none. When the other pupils were playing, he found great pleasure in his books. How long he remained in school, is not known.

His father purchased a farm of one Richard Gist, and here he spent the remnant of his days.

When young Banneker had obtained his majority, he gave attention to the various interests of farm-life. He was industrious, intelligent in his labors, scrupulously neat in the management of his grounds, cultivated a valuable garden, was gentle in his treatment of stock,—horses, cows, etc.,—and was indeed comfortably situated. During those seasons of leisure which come to agriculturists, he stored his mind with useful knowledge. Starting with the Bible, he read history, biography, travels, romance, and such works on general literature as he was able to borrow. His mind seemed to turn with especial satisfaction to mathematics, and he acquainted himself with the most difficult problems.

He had a taste also for mechanics. He conceived the idea of making a timepiece, a clock, and about the year 1770 constructed one. With his imperfect tools, and with no other model than a borrowed watch, it had cost him long and patient labor to perfect it, to make the variation necessary to cause it to strike the hours, and produce a concert of correct action between the hour, the minute, and the second machinery. He confessed that its regularity in pointing out the progress of time had amply rewarded all his pains in its construction.[613]

In 1773 Ellicott & Co. built flour-mills in a valley near the banks of the Patapsco River. Banneker watched the mills go up; and, when the machinery was set in motion, looked on with interest, as he had a splendid opportunity of observing new principles of mechanism. He made many visits to the mills, and became acquainted with their proprietors; and, till the day of his death, he found in the Ellicotts kind and helpful friends.

After a short time the Ellicotts erected a store, where, a little later, a post-office, was opened. To this point the farmers and gentlemen, for miles around, used to congregate. Banneker often called at the post-office, where, after overcoming his natural modesty and diffidence, he was frequently called out in conversations covering a variety of topics. His conversational powers, his inexhaustible fund of information, and his broad learning (for those times and considering his circumstances), made him the connoisseur of that section. At times he related, in modest terms, the difficulties he was constrained to encounter in order to acquire the knowledge of books he had, and the unsatisfied longings he still had for further knowledge. His fame as a mathematician was already established, and with the increasing facilities of communication his accomplishments and achievements were occupying the thought of many intelligent people.

"By this time he had become very expert in the solution of difficult mathematical problems, which were then, more than in this century, the amusement of persons of leisure, and they were frequently sent to him from scholars residing in different parts of our country who wished to test his capacity. He is reported to have been successful in every case, and, sometimes, he returned with his answers, questions of his own composition conveyed in rhyme."

The following question was propounded to Mr. George Ellicott, and was solved by Benjamin Hallowell of Alexandria.

"A Cooper and Vintner sat down for a talk, Both being so groggy, that neither could walk, Says Cooper to Vintner, 'I'm the first of my trade, There's no kind of vessel, but what I have made, And of any shape, Sir,—just what you will,— And of any size, Sir,—from a ton to a gill!' 'Then,' says the Vintner, 'you're the man for me,— Make me a vessel, if we can agree. The top and the bottom diameter define, To bear that proportion as fifteen to nine; Thirty-five inches are just what I crave, No more and no less, in the depth, will I have; Just thirty-nine gallons this vessel must hold,— Then I will reward you with silver or gold,— Give me your promise, my honest old friend?' 'I'll make it to-morrow, that you may depend!' So the next day the Cooper his work to discharge, Soon made the new vessel, but made it too large:— He took out some staves, which made it too small, And then cursed the vessel, the Vintner and all. He beat on his breast, 'By the Powers!'—he swore, He never would work at his trade any more! Now my worthy friend, find out, if you can, The vessel's dimensions and comfort the man!

"BENJAMIN BANNEKER."

The greater diameter of Banneker's tub must be 24.746 inches; the less diameter, 14.8476 inches.

He was described by a gentleman who had often met him at Ellicott's Mills as "of black complexion, medium stature, of uncommonly soft and gentlemanly manners and of pleasing colloquial powers."

Fortunately Mr. George Ellicott was a gentleman of exquisite literary taste and critical judgment. He discovered in Banneker the elements of a cultivated gentleman and profound scholar. He threw open his library to this remarkable Negro, loaded him with books and astronomical instruments, and gave him the emphatic assurance of sympathy and encouragement. He occasionally made Banneker a visit, when he would urge upon him the importance of making astronomical calculations for almanacs. Finally, in the spring of 1789, Banneker submitted to Mr. Ellicott his first projection of an eclipse. It was found to contain a slight error; and, having kindly pointed it out, Mr. Ellicott received the following reply from Banneker:—

LETTER OF BENJAMIN BANNEKER TO GEORGE ELLICOTT.

"Sir,—I received your letter at the hand of Bell but found nothing strange to me In the Letter Concerning the number of Eclipses, the according to authors the Edge of the penumber only touches the Suns Limb in that Eclips, that I left out of the Number—which happens April 14th day, at 37 minutes past 7 o'clock in the morning, and is the first we shall have; but since you wrote to me, I drew in the Equations of the Node which will cause a small Solar Defet, but as I did not intend to publish, I was not so very peticular as I should have been, but was more intent upon the true method of projecting; a Solar Eclips—It is an easy matter for us when a Diagram is laid down before us, to draw one in resemblance of it, but it is a hard matter for young Tyroes in Astronomy, when only the Elements for the projection is laid down before him to draw his diagram with any degree of Certainty.

"Says the Learned LEADBETTER, the projection, I shall here describe, is that mentioned by Mr. Flamsted. When the sun is in Cancer, Leo, Virgo, Libra, Scorpio or, Sagitary, the Axes of the Globe must lie to the right hand of the Axes of the Ecliptic, but when the sun is in Capricorn, Aquarius, Pisces, Aries, Taurus, or Gemini, then to the left.

"Says the wise author FERGUSON, when the sun is in Capercorn, Aquarius, Pisces, Aries, Taurus, and Gemeni, the Northern half of the Earths Axes lies to the right hand of the Axes of the Ecliptic and to the left hand, whilst the Sun is on the other six signs.

"Now Mr. Ellicott, two such learned gentlemen as the above mentioned, one in direct opposition to the other, stagnates young beginners, but I hope the stagnation will not be of long duration, for this I observe that Leadbetter counts the time on the path of Vertex 1, 2, 3 &c. from the right to the left hand or from the consequent to the antecedent,—But Ferguson on the path of Vertex counts the time 1, 2, 3 &c. from the left to the right hand, according to the order of numbers, so that that is regular, shall compensate for irregularity. Now sir if I can overcome this difficulty I doubt not being able to calculate a Common Almanac—Sir no more

"But remain your faithful friend, "B. BANNEKER.

"Mr. GEORGE ELLICOTT, Oct. 13th, 1789."

His mother, an active, intelligent, slight-built Mulatto, with long black hair, had exercised a tender but positive influence over him. His character, so far as is known, was without blemish, with the single exception of an occasional use of ardent spirits. He found himself conforming too frequently to the universal habit of the times, social drinking. Liquors and wines were upon the tables and sideboards of the best families, and wherever Banneker went it confronted him. He felt his weakness in this regard, and resolved to abstain from the use of strong drink. Some time after returning from a visit to Washington, in company with the commissioners who laid out the District of Columbia, he related to his friends that during the entire absence from home he had abstained from the use of liquors; adding, "I feared to trust myself even with wine, lest it should steal away the little sense I have." On a leaf of one of his almanacs, appears the following in his own handwriting:—

"Evil communications corrupt good manners, I hope to live to hear, that good communication corrects 'bad manners.'"

He had a just appreciation of his own strength. He hated vice of every kind; and, while he did not connect himself to any church, he was deeply attached to the Society of Friends. He was frequently seen in their meeting-house. He usually occupied the rear bench, where he would sit with uncovered head, leaning upon his staff, wrapt in profound meditation. The following letter addressed to Mr. J. Saurin Norris shows that his character was upright:—

"In the year 1800, I commenced my engagements in the store of Ellicott's Mills, where my first acquaintance with Benjamin Banneker began. He often came to the store to purchase articles for his own use; and, after hearing him converse, I was always anxious to wait upon him. After making his purchases, he usually went to the part of the store where George Ellicott was in the habit of sitting to converse with him about the affairs of our Government and other matters. He was very precise in conversation and exhibited deep reflection. His deportment whenever I saw him, appeared to be perfectly upright and correct, and he seemed to be acquainted with every thing of importance that was passing in the country.

"I recollect to have seen his Almanacs in my father's house, and believe they were the only ones used in the neighborhood at the time. He was a large man inclined to be fleshy, and was far advanced in years, when I first saw him, I remember being once at his house, but do not recollect any thing about the comforts of his establishment, nor of the old clock, about which you enquired. He was fond of, and well qualified, to work out abstruse questions in arithmetic. I remember, he brought to the store, one which he had composed himself, and presented to George Ellicott for solution. I had a copy which I have since lost; but the character and deportment of the man being so wholly different from any thing I had ever seen from one of his color, his question made so deep an impression on my mind I have ever since retained a perfect recollection of it, except two lines, which do not alter the sense. I remember that George Ellicott, was engaged in making out the answer, and cannot now say that he succeeded, but have no doubt he did. I have thus, briefly given you my recollections of Benjamin Banneker. I was young when he died, and doubtless many incidents respecting him, have, from the time which has since elapsed, passed from my recollection:

"CHARLES W. DORSEY, of Elkridge."

After the death of his mother, Banneker dwelt alone until the day of his death, having never married, his manners were gentle and engaging, his benevolence proverbial. His home became a place of great interest to visitors, whom he always received cordially, and treated hospitably all who called.

"We found the venerable star-gazer," says the author of the Memoir of Susanna Mason, "under a wide spreading pear tree, leaden with delicious fruit; he came forward to meet us, and bade us welcome to his lowly dwelling. It was built of logs, one story in height, and was surrounded by an orchard. In one corner of the room, was suspended a clock of his own construction, which was a true hearald of departing hours. He was careful in the little affairs of life as well as in the great matters. He kept record of all his business transactions, literary and domestic. The following extracts from his Account Book exhibit his love for detail.

"'Sold on the 2nd of April, 1795, to Buttler, Edwards & Kiddy, the right of an Almanac, for the year 1796, for the sum of 80 dollars, equal to L30.

"'On the 30th of April, 1795, lent John Ford five dollars. L1 17s. 6d.

"'12th of December, 1797, bought a pound of candles at 1s. 8d.

"'Sold to John Collins 2 qts. of dried peaches 6d. "1 qt. mead 4d.

"'On the 26th of March, came Joshua Sanks with 3 or 4 bushels of turnips to feed the cows.

"'13th of April, 1803, planted beans and sowed cabbage seed.'

"He took down from a shelf a little book, wherein he registered the names of those, by whose visits he felt particularly honored, and recorded my mother's name upon the list; he then, diffidently, but very respectfully, requested her acceptance of one of his Almanacs in manuscript."

Within a few days after this visit Mrs. Mason addressed him in a poetical letter, which found its way into the papers of the section, and was generally read. The subjoined portions are sufficient to exhibit the character of the effusion. The admonitory lines at the end doubtless refer to his early addiction to strong drink.

"An Address to BENJAMIN BANNEKER, an African Astronomer, who presented the Author with a Manuscript Almanac in 1796."

"Transmitted on the wings of Fame, Thine eclat sounding with thy name, Well pleased, I heard, ere 'twas my lot To see thee in thy humble cot. That genius smiled upon thy birth, And application called it forth; That times and tides thou could'st presage, And traverse the Celestial stage, Where shining globes their circles run, In swift rotation round the sun; Could'st tell how planets in their way, From order ne'er were known to stray. Sun, moon and stars, when they will rise, When sink below the upper skies, When an eclipse shall veil their light, And hide their splendor from our sight. . . . . . . . . . Some men whom private walks pursue, Whom fame ne'er ushered into view, May run their race, and few observe To right or left, if they should swerve, Their blemishes would not appear, Beyond their lives a single year.— But thou, a man exalted high, Conspicuous in the world's keen eye, On record now, thy name's enrolled, And future ages will be told,— There lived a man named BANNEKER, An African Astronomer!— Thou need'st to have a special care, Thy conduct with thy talent square, That no contaminating vice, Obscure thy lustre in our eyes."

During the following year Banneker sent the following letter to his good friend Mrs. Mason:—

"August 26th, 1797.

"DEAR FEMALE FRIEND:—

"I have thought of you every day since I saw you last, and of my promise in respect of composing some verses for your amusement, but I am very much indisposed, and have been ever since that time. I have a constant pain in my head, a palpitation in my flesh, and I may say I am attended with a complication of disorders, at this present writing, so that I cannot with any pleasure or delight, gratify your curiosity in that particular, at this present time, yet I say my will is good to oblige you, if I had it in my power, because you gave me good advice, and edifying language, in that piece of poetry which you was pleased to present unto me, and I can but love and thank you for the same; and if ever it should be in my power to be serviceable to you, in any measure, your reasonable requests, shall be armed with the obedience of,

"Your sincere friend and well-wisher, "BENJAMIN BANNEKER.

"MRS. SUSANNA MASON.

"N.B. The above is mean writing, done with trembling hands. B.B."

With the use of Mayer's Tables, Ferguson's Astronomy, and Leadbeater's Lunar Tables, Banneker had made wonderful progress in his astronomical investigations. He prepared his first almanac for publication in 1792. Mr. James McHenry became deeply interested in him, and, convinced of his talent in this direction, wrote a letter to the firm of Goddard & Angell, publishers of almanacs, in Baltimore. They became the sole publishers of Banneker's almanacs till the time of his death. In an editorial note in the first almanac, they say,—

"They feel gratified in the opportunity of presenting to the public, through their press, what must be considered as an extraordinary effort of genius; a complete and accurate Ephemeris for the year 1792, calculated by a sable descendant of Africa," etc.

And they further say,—

"That they flatter themselves that a philanthropic public, in this enlightened era, will be induced to give their patronage and support to this work, not only on account of its intrinsic merits, (it having met the approbation of several of the most distinguished astronomers of America, particularly the celebrated Mr. Rittenhouse,) but from similar motives to those which induced the editors to give this calculation the preference,—the ardent desire of drawing modest merit from obscurity, and controverting the long-established illiberal prejudice against the blacks."

The title of his almanac is given below as a matter of historic interest.

"Benjamin Banneker's Pennsylvania, Delaware, Virginia, and Maryland Almanac and Ephemeris, for the year of our Lord 1792, being Bissextile or leap year, and the sixteenth year of American Independence, which commenced July 4, 1776; containing the motions of the Sun and Moon, the true places and aspects of the Planets, the rising and setting of the Sun, and the rising, setting, and southing, place and age of the Moon, &c. The Lunations, Conjunctions, Eclipses, Judgment of the Weather, Festivals, and remarkable days."

He had evidently read Mr. Jefferson's Notes on Virginia; and touched by the humane sentiment there exhibited, as well as saddened by the doubt expressed respecting the intellect of the Negro, Banneker sent him a copy of his first almanac, accompanied by a letter which pleaded the cause of his race, and in itself, was a refutation of the charge that the Negro had no intellectual outcome.

"MARYLAND, BALTIMORE COUNTY, August 19, 1791.

"SIR,

"I am fully sensible of the greatness of the freedom I take with you on the present occasion; a liberty which seemed scarcely allowable, when I reflected on that distinguished and dignified station in which you stand, and the almost general prejudice which is so prevalent in the world against those of my complexion.

"It is a truth too well attested, to need a proof here, that we are a race of beings, who have long laboured under the abuse and censure of the world; that we have long been looked upon with an eye of contempt; and considered rather as brutish than human, and scarcely capable of mental endowments.

"I hope I may safely admit, in consequence of the report which has reached me, that you are a man far less inflexible in sentiments of this nature, than many others, that you are measurably friendly and well disposed towards us; and that you are willing to lend your aid and assistance for our relief from those many distresses, and numerous calamities, to which we are reduced.

"If this is founded in truth, I apprehend you will embrace every opportunity to eradicate that train of absurd and false ideas and opinions, which so generally prevail with respect to us: and that your sentiments are concurrent with mine, which are, that one universal Father hath given being to us all; that He hath not only made us all of one flesh, but that He hath also, without partiality, afforded us all the same sensations, and endowed us all with the same faculties; and that however variable we may be in society or religion, however diversified in situation or in colour, we are all of the same family, and stand in the same relation to Him.

"If these are sentiments of which you are fully persuaded, you cannot but acknowledge, that it is the indispensable duty of those, who maintain for themselves the rights of human nature, and who profess the obligations of Christianity, to extend their powers and influence to the relief of every part of the human race, from whatever burden or oppression they may unjustly labour under: and this, I apprehend, a full conviction of the truth and obligation of these principles should lead all to.

"I have long been convinced, that if your love for yourselves, and for those inestimable laws which preserved to you the rights of human nature, was founded on sincerity you could not but be solicitous, that every individual, of whatever rank or distinction, might with you equally enjoy the blessings thereof; neither could you rest satisfied short of the most active effusion of your exertions, in order to their promotion from any state of degradation, to which the unjustifiable cruelty and barbarism of men may have reduced them.

"I freely and cheerfully acknowledge, that I am of the African race, and in that colour which is natural to them, of the deepest dye; and it is under a sense of the most profound gratitude to the Supreme Ruler of the Universe, that I now confess to you, that I am not under that state of tyrannical thraldom, and inhuman captivity, to which too many of my brethren are doomed, but that I have abundantly tasted of the fruition of those blessings, which proceed from that free and unequalled liberty with which you are favoured; and which I hope you will willingly allow you have mercifully received, from the immediate hand of that Being from whom proceedeth every good and perfect gift.

"Suffer me to recall to your mind that time, in which the arms of the British crown were exerted, with every powerful effort, in order to reduce you to a state of servitude: look back, I entreat you, on the variety of dangers to which you were exposed; reflect on that period in which every human aid appeared unavailable, and in which even hope and fortitude wore the aspect of inability to the conflict, and you cannot but be led to a serious and grateful sense of your miraculous and providential preservation; you cannot but acknowledge, that the present freedom and tranquility which you enjoy, you have mercifully received, and that it is the peculiar blessing of heaven.

"This, Sir, was a time when you cleary saw into the injustice of a state of Slavery, and in which you had just apprehensions of the horrors of its condition. It was then that your abhorrence thereof was so excited, that you publicly held forth this true and invaluable doctrine, which is worthy to be recorded and remembered in all succeeding ages: 'We hold these truths to be self-evident, that all men are created equal; that they are endowed by their Creator with certain inalienable rights, and that among these are, life, liberty, and the pursuit of happiness.'

"Here, was a time in which your tender feelings for yourselves had engaged you thus to declare; you were then impressed with proper ideas of the great violation of liberty, and the free possession of those blessings, to which you were entitled by nature; but, sir, how pitiable is it to reflect, that although you were so fully convinced of the benevolence of the Father of Mankind, and of his equal and impartial distribution of these rights and privileges which he hath conferred upon them, that you should at the same time counteract his mercies, in detaining by fraud and violence, so numerous a part of my brethren under groaning captivity and cruel oppression, that you should at the same time be found guilty of that most criminal act, which you professedly detested in others, with respect to yourselves.

"Your knowledge of the situation of my brethren is too extensive to need a recital here; neither shall I presume to prescribe methods by which they may be relieved, otherwise than by recommending to you and all others, to wean yourselves from those narrow prejudices which you have imbibed with respect to them, and as Job proposed to his friends, 'put your soul in their soul's stead;' thus shall your hearts be enlarged with kindness and benevolence towards them; and thus shall you need neither the direction of myself or others in what manner to proceed herein.

"And now, sir, although my sympathy and affection for my brethren hath caused my enlargement thus far, I ardently hope, that your candour and generosity will plead with you in my behalf, when I state that it was not originally my design; but having taken up my pen in order to present a copy of an almanac which I have calculated for the succeeding year, I was unexpectedly led thereto.

"This calculation is the production of my arduous study, in my advanced stage of life: for having long had unbounded desires to become acquainted with the secrets of nature, I have had to gratify my curiosity herein through my own assiduous application to astronomical study, in which I need not recount to you the many difficulties and disadvantages which I have had to encounter.

"And although I had almost declined to make my calculation for the ensuing year, in consequence of the time which I had allotted for it being taken up at the federal territory, by the request of Mr. Andrew Ellicott, yet I industriously applied myself thereto, and hope I have accomplished it with correctness and accuracy. I have taken the liberty to direct a copy to you, which I humbly request you will favourably receive; and although you may have the opportunity of perusing it after its publication, yet I desire to send it to you in manuscript previous thereto, that thereby you might not only have an earlier inspection, but that you might also view it in my own handwriting.

"And now, sir, I shall conclude, and subscribe myself, with the most profound respect,

"Your most obedient humble servant, "BENJAMIN BANNEKER."

Mr. Jefferson, who was Secretary of State under President Washington, sent the great Negro the following courteous reply:—

"PHILADELPHIA, Aug. 30, 1791.

"SIR,—I thank you sincerely for your letter of the 19th instant, and for the almanac it contained. Nobody wishes more than I do to see such proofs as you exhibit, that Nature has given to our black brethren talents equal to those of the other colors of men, and that the appearance of a want of them is owing only to the degraded condition of their existence, both in Africa and America. I can add, with truth, that no one wishes more ardently to see a good system commenced for raising the condition, both of their body and mind, to what it ought to be, as fast as the imbecility of their present existence, and other circumstances which cannot be neglected, will admit. I have taken the liberty of sending your almanac to Monsieur de Condorcet, Secretary of the Academy of Sciences, at Paris, and members of the Philanthropic Society, because I considered it a document to which your whole color had a right, for their justification against the doubts which have been entertained of them,

"I am, with great esteem, sir, "Your most obedient servant, "THO. JEFFERSON.

"MR. BENJAMIN BANNEKER, near Ellicott's

Lower Mills, Baltimore county."[614]

The only time Banneker was ever absent from his home any distance was when "the Commissioners to run the lines of the District of Columbia"—then known as the "Federal Territory"—invited him to accompany them upon their mission. Mr. Norris says:—

"Banneker's deportment throughout the whole of this engagement, secured their respect, and there is good authority for believing, that his endowments led the commissioners to overlook the color of his skin, to converse with him freely, and enjoy the clearness and originality of his remarks on various subjects. It is a fact, that they honored him with an invitation to a daily seat at their table; but this, with his usual modesty, he declined. They then ordered a side table laid for him, in the same apartment with themselves. On his return, he called to give an account of his engagements, at the house of one of his friends. He arrived on horseback, dressed in his usual costume;—full suit of drab cloth, surmounted by a broad brimmed beaver hat. He seemed to have been re-animated by the presence of the eminent men with whom he had mingled in the District, and gave a full account of their proceedings."

His habits of study were rather peculiar. At nightfall, wrapped in a great cloak, he would lie prostrate upon the ground, where he spent the night in contemplation of the heavenly bodies. At sunrise he would retire to his dwelling, where he spent a portion of the day in repose. But as he seemed to require less sleep than most people, he employed the hours of the afternoons in the cultivation of his garden, trimming of fruit-trees, or in observing the habits and flight of his bees. When his service and attention were not required out-doors, he busied himself with his books, papers, and mathematical instruments, at a large oval table in his house. The situation of Banneker's dwelling was one which would be admired by every lover of nature, and furnished a fine field for the observation of celestial phenomena. It was about half a mile from the Patapsco River, and commanded a prospect of the near and distant hills upon its banks, which have been so justly celebrated for their picturesque beauty. A never-failing spring issued from beneath a large golden-willow tree in the midst of his orchard.[615] The whole situation was charming, inspiring, and no doubt helped him in the solution of difficult problems.

There is no reliable data to enlighten us as to the day of his death; but it is the opinion of those who lived near him, and their descendants, that he died in the fall of 1804. It was a bright, beautiful day, and feeling unwell he walked out on the hills to enjoy the sunlight and air. During his walk he came across a neighbor, to whom he complained of being sick. They both returned to his house, where, after lying down upon his couch, he became speechless, and died peacefully. During a previous sickness he had charged his sisters, Minta Black and Molly Morten, that, so soon as he was dead, all the books, instruments, etc., which Mr. Ellicott had loaned him, should be taken back to the benevolent lender; and, as a token of his gratitude, all his manuscripts containing all his almanacs, his observations and writings on various subjects, his letter to Thomas Jefferson, and that gentleman's reply, etc., were given to Mr. Ellicott.[616] On the day of his death, faithful to the instructions of their brother, Banneker's sisters had all the articles moved to Mr. Ellicott's house; and their arrival was the first sad news of the astronomer's death. To the promptness of these girls in carrying out his orders is the gratitude of the friends of science due for the preservation of the results of Banneker's labors. During the performance of the last sad rites at the grave, two days after his death, his house was discovered to be on fire. It burnt so rapidly that it was impossible to save any thing: so his clock and other personal property perished in the flames. He had given to one of his sisters a feather-bed, upon which he had slept for many years; and she, fortunately and thoughtfully, removed it when he died, and prized it as the only memorial of her distinguished brother. Some years after, she had occasion to open the bed, when she discovered a purse of money—another illustration of his careful habits and frugality.

Benjamin Banneker was known favorably on two continents, and at the time of his death was the most intelligent and distinguished Negro in the United States.

FULLER THE MATHEMATICIAN.

One of the standing arguments against the Negro was, that he lacked the faculty of solving mathematical problems. This charge was made without a disposition to allow him an opportunity to submit himself to a proper test. It was equivalent to putting out a man's eyes, and then asserting boldly that he cannot see; of manacling his ankles, and charging him with the inability to run. But notwithstanding all the prohibitions against instructing the Negro, and his far remove from intellectual stimulants, the subject to whom attention is now called had within his own untutored intellect the elements of a great mathematician.

Thomas Fuller, familiarly known as the Virginia Calculator, was a native of Africa. At the age of fourteen he was stolen, and sold into slavery in Virginia, where he found himself the property of a planter residing about four miles from Alexandria. He did not understand the art of reading or writing, but by a marvellous faculty was able to perform the most difficult calculations. Dr. Benjamin Rush of Philadelphia, Penn., in a letter addressed to a gentleman residing in Manchester, Eng., says that hearing of the phenomenal mathematical powers of "Negro Tom," he, in company with other gentlemen passing through Virginia, sent for him. One of the gentlemen asked him how many seconds a man of seventy years, some odd months, weeks, and days, had lived, he gave the exact number in a minute and a half. The gentleman took a pen, and after some figuring told Tom he must be mistaken, as the number was too great." 'Top, massa!" exclaimed Tom, "you hab left out de leap-years!" And sure enough, on including the leap-years in the calculation, the number given by Tom was correct.

"He was visited by William Hartshorn and Samuel Coates," says Mr. Needles, "of this city (Philadelphia), and gave correct answers to all their questions such as, How many seconds there are in a year and a half? In two minutes he answered 47,304,000. How many seconds in seventy years, seventeen days, twelve hours? In one minute and a half, 2,110,500,800.[617]

That he was a prodigy, no one will question.[618] He was the wonder of the age. The following appeared in several newspapers at the time of his death:—

"DIED,—Negro Tom, the famous African calculator, aged 80 years. He was the property of Mrs. Elizabeth Cox, of Alexandria. Tom was a very black man. He was brought to this country at the age of fourteen, and was sold as a slave with many of his unfortunate countrymen. This man was a prodigy. Though he could neither read nor write, he had perfectly acquired the use of enumeration. He could give the number of months, days, weeks, hours, minutes, and seconds, for any period of time that a person chose to mention, allowing in his calculations for all the leap years that happened in the time. He would give the number of poles, yards, feet, inches, and barley-corns in a given distance—say, the diameter of the earth's orbit—and in every calculation he would produce the true answer in less time than ninety-nine out of a hundred men would take with their pens. And what was, perhaps, more extraordinary, though interrupted in the progress of his calculations, and engaged in discourse upon any other subject, his operations were not thereby in the least deranged; he would go on where he left off, and could give any and all of the stages through which the calculation had passed.

"Thus died Negro Tom, this untaught arithmetician, this untutored scholar. Had his opportunities of improvement been equal to those of thousands of his fellow-men, neither the Royal Society of London, the Academy of Science at Paris, nor even a Newton himself need have been ashamed to acknowledge him a brother in science."[619]



DERHAM THE PHYSICIAN.

Through all time the science of medicine has been regarded as ranking among the most intricate and delicate pursuits man could follow. Our Saviour was called "the Great Physician," and St. Luke "the beloved physician." No profession brings a man so near to humanity, and no other class of men have a higher social standing than those who are consecrated to the "art of healing." Such a position demands of a man not only profound research in the field of medicine, but the rarest intellectual and social gifts and accomplishments. For a Negro to gain such a position in the nineteenth century would require merit of unusual order. But in the eighteenth century, when slavery had cast its long, dark shadows over the entire life of the nation, for a Negro, born and reared a slave, to obtain fame in medicine second to none on the continent, was an achievement that justly challenged the admiration of the civilized world.

Dr. James Derham was born a slave in Philadelphia in 1762. His master was a physician. James was taught to read and write, and early rendered valuable assistance to his master in compounding medicines. Endowed with more than average intelligence, he took a great liking to the science of medicine, and absorbed all the information that came within his observation. On the death of his master he was sold to the surgeon of the Sixteenth British Regiment, at that time stationed in Philadelphia. At the close of the war he was sold to Dr. Robert Dove of New Orleans, a humane and intelligent man, who employed him as his assistant in a large business. He grew in a knowledge of his profession every day, was prompt and faithful in the discharge of the trusts reposed in him, and thereby gained the confidence of his master. Dr. Dove was so much pleased with him, that he offered him his freedom upon very easy terms, requiring only two or three years' service. At the end of the time designated, Dr. Derham entered into the practice of medicine upon his own account. He acquired the English, French, and Spanish languages so as to speak them fluently, and built up a practice in a short time worth three thousand dollars a year.[620] He married, and attached himself to the Episcopal Church, in 1788, and at twenty-six years of age was regarded as one of the most eminent physicians in New Orleans.

Dr. Rush of Philadelphia, in "The American Museum" for January, 1789, gave an interesting account of this distinguished "Negro physician." Says Dr. Rush,—

"I have conversed with him upon most of the acute and epidemic diseases of the country where he lives. I expected to have suggested some new medicines to him, but he suggested many more to me. He is very modest and engaging in his manners. He speaks French fluently, and has some knowledge of the Spanish."[621]

Phillis Wheatley has been mentioned already. So, in the midst of darkness and oppression, the Negro race in America, without the use of the Christian church, schoolhouse, or printing-press, produced a poetess, an astronomer, a mathematician, and a physician, who, had they been white, would have received monuments and grateful memorials at the hands of their countrymen. But even their color cannot rob them of the immortality their genius earned.

FOOTNOTES:

[611] William Wells Brown, William C Nell, and all the Colored men whose efforts I have seen, have made a number of very serious mistakes respecting Banneker's parentage, age, accomplishments, etc. He was of mixed blood. His mother's name was not Molly Morton, but one of his sisters bore that name.

I have used the Memoirs of Banneker, prepared by J.H.B. Latrobe and J. Saurin Norris, and other valuable material from the Maryland Historical Society.

[612] In the most remote records the name was written Banneky.

[613] J. Saurin Norris's sketch.

[614] Jefferson's Works, vol. iii. p. 291.

[615] See Norris, paper on Banneker.

[616] All of Banneker's literary remains were published by J.H.B. Latrobe in the Maryland Historical Society, and in the Maryland Colonization Journal in 1845. The Memoir of Banneker was somewhat marred by a too precipitous and zealous attempt to preach the doctrine of colonization.

[617] Needles's Hist. Memoir of the Penn. Society for Promoting the Abolition of Slavery, p 32.

[618] J.P. Brissot de Warville's Travels in the U.S., vol. i p. 243.

[619] Columbian Centinal of Boston, Dec. 29, 1790.

[620] Brissot de Warville's New Travels in the U.S., ed. 1794, vol. i. p. 242.

[621] For an account of Fuller and Derham, see De la Litterature des Negres, ou Recherches sur leurs Facultes intellectuelles, leurs Qualites morales et leur Litterature; suivies de Notices sur la Vie et les Ouvrages des Negres qui se sont distingues dans les Sciences, les Lettres et les Arts. Par H. GREGOIRE, ancien Eveque de Blois, membre du Senat conservateur, de l'Institut national, de la Societe royale des Sciences de Goettingue, etc. Paris: MDCCCVIII.



CHAPTER XXX.

SLAVERY DURING THE REVOLUTION.

1775-1783.

PROGRESS OF THE SLAVE-TRADE.—A GREAT WAR FOR THE EMANCIPATION OF THE COLONIES, FROM POLITICAL BONDAGE.—CONDITION OF THE SOUTHERN STATES DURING THE WAR.—THE VIRGINIA DECLARATION OF RIGHTS.—IMMEDIATE LEGISLATION AGAINST SLAVERY DEMANDED.—ADVERTISEMENT FROM "THE INDEPENDENT CHRONICLE."—PETITION OF MASSACHUSETTS STATES.—AN ACT PREVENTING THE PRACTICE OF HOLDING PERSONS IN SLAVERY.—ADVERTISEMENT FROM "THE CONTINENTAL JOURNAL."—A LAW PASSED IN VIRGINIA LIMITING THE RIGHTS OF SLAVES.—LAW DEMANDING ALL SLAVES WHO SERVED IN THE ARMY.—NEW YORK PROMISES HER NEGRO SOLDIERS FREEDOM.—A CONSCIENTIOUS MINORITY IN FAVOR OF THE ABOLITION OF THE SLAVE TRADE.—SLAVERY FLOURISHES DURING THE ENTIRE REVOLUTIONARY PERIOD.

The thunder of the guns of the Revolution did not drown the voice of the auctioneer. The slave-trade went on. A great war for the emancipation of the colonies from the political bondage into which the British Parliament fain would precipitate them did not depreciate the market value of human flesh. Those whose hearts were not enlisted in the war skulked in the rear, and gloated over the blood-stained shekels they wrung from the domestic slave-trade. While the precarious condition of the Southern States during the war made legislation in support of the institution of slavery impolitic, there were, nevertheless, many severe laws in force during this entire period. In the New England and Middle States there was heard an occasional voice for the oppressed; but it was generally strangled at the earliest moment of its being by that hell-born child, avarice. On the 21st of September, 1776, William Gordon of Roxbury, Mass., wrote,—

The Virginians begin their Declaration of Rights with saying,'that all men are born equally free and independent, and have certain inherent natural rights, of which they cannot, by any compact, deprive themselves or their posterity; among which are the enjoyment of life and liberty.' The Congress declare that they 'hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain inalienable rights, that among these are life, liberty and pursuit of happiness.' The Continent has rung with affirmations of the like import. If these, Gentlemen, are our genuine sentiments, and we are not provoking the Deity, by acting hypocritically to serve a turn, let us apply earnestly and heartily to the extirpation of slavery from among ourselves. Let the State allow of nothing beyond servitude for a stipulated number of years, and that only for seven or eight, when persons are of age, or till they are of age: and let the descendants of the Africans born among us, be viewed as free-born; and be wholly at their own disposal when one-and-twenty, the latter part of which age will compensate for the expense of infancy, education, and so on."

No one gave heed. Two months later, Nov. 14, there appeared in "The Independent Chronicle" of Boston a plan for gradual emancipation; and on the 28th of the same month, in the same paper there appeared a communication demanding specific and immediate legislation against slavery. But all seemed vain: there were few moral giants among the friends of "liberty for all;" and the comparative silence of the press and pulpit gave the advocates of human slavery an easy victory.

Boston, the home of Warren, and the city that witnessed the first holy offering to liberty, busied herself through all the perilous years of the war in buying and selling human beings. The following are but a few of the many advertisements that appeared in the papers of the city of Boston during the war:—[622]

From "The Independent Chronicle," Oct. 3, 1776:—

"To be SOLD A stout, hearty, likely NEGRO GIRL, fit for either Town or Country. Inquire of Mr. Andrew Gillespie, Dorchester, Octo., 1., 1776."

From the same, Oct. 10:—

"A hearty NEGRO MAN, with a small sum of Money to be given away."

From the same, Nov. 28:—

"To SELL—A Hearty likely NEGRO WENCH about 12 or 13 Years of Age, has had the Small Pox, can wash, iron, card, and spin, etc., for no other Fault but for want of Employ."

From the same, Feb. 27, 1777:—

"WANTED a NEGRO GIRL between 12 and 20 Years of Age, for which a good Price will be given, if she can be recommended."

From "The Continental Journal," April 3, 1777:—

"To be SOLD, a likely Negro Man, twenty-two years old, has had the small-pox, can do any sort of business; sold for want of employment."

To be SOLD, a large, commodious Dwelling House, Barn, and Out-houses, with any quantity of land from 1 to 50 acres, as the Purchaser shall choose within 5 miles of Boston. Also a smart well-tempered NEGRO BOY of 14 years old, not to go out of this State and sold for 15 years only, if he continues to behave well."

From "The Independent Chronicle," May 8, 1777:—

"To be SOLD, for want of employ, a likely strong NEGRO GIRL, about 18 years old, understands all sorts of household business, and can be well recommended."

The strange and trying vicissitudes through which the colonies had passed exposed their hypocrisy, revealed the weakness of their government, and forced them to another attempt at the extirpation of slavery. The valorous conduct of the Negro soldiers in the army had greatly encouraged their friends and emboldened their brethren, who still suffered from the curse of slavery. The latter were not silent when an opportunity presented to claim the rights they felt their due. On the 18th of March, 1777, the following petition was addressed, by the slaves in Boston, to the Legislature:—

"PETITION OF MASSACHUSETTS SLAVES.

"The petition of a great number of negroes, who are detained in a state of slavery in the very bowels of a free and Christian country, humbly showing,—

"That your petitioners apprehend that they have, in common with all other men, a natural and inalienable right to that freedom, which the great Parent of the universe hath bestowed equally on all mankind, and which they have never forfeited by any compact or agreement whatever. But they were unjustly dragged by the cruel hand of power from their dearest friends, and some of them even torn from the embraces of their tender parents,—from a populous, pleasant and plentiful country, and in violation of the laws of nature and of nations, and in defiance of all the tender feelings of humanity, brought hither to be sold like beasts of burthen, and, like them, condemned to slavery for life—among a people possessing the mild religion of Jesus—a people not insensible of the sweets of national freedom, nor without a spirit to resent the unjust endeavors of others to reduce them to a state of bondage and subjection.

"Your Honors need not to be informed that a life of slavery like that of your petitioners, deprived of every social privilege, of every thing requisite to render life even tolerable, is far worse than non-existence.

"In imitation of the laudable example of the good people of these States, your petitioners have long and patiently waited the event of petition after petition, by them presented to the legislative body of this State, and cannot but with grief reflect that their success has been but too similar.

"They cannot but express their astonishment that it has never been considered, that every principle from which America has acted, in the course of her unhappy difficulties with Great Britain, bears stronger than a thousand arguments in favor of your humble petitioners. They therefore humbly beseech Your Honors to give their petition its due weight and consideration, and cause an act of the legislature to be passed, whereby they may be restored to the enjoyment of that freedom, which is the natural right of all men, and their children (who were born in this land of liberty) may not be held as slaves after they arrive at the age of twenty-one years. So may the inhabitants of this State (no longer chargeable with the inconsistency of acting themselves the part which they condemn and oppose in others) be prospered in their glorious struggles for liberty, and have those blessings secured to them by Heaven, of which benevolent minds cannot wish to deprive their fellow men.

"And your petitioners, as in duty bound, shall ever pray:—

LANCASTER HILL, PETER BESS, BRISTER SLENFEN, PRINCE HALL, JACK PIERPONT, [his X mark.] NERO FUNELO, [his X mark.] NEWPORT SUMNER, [his X mark.]"

The following entry, bearing the same date, was made:—

"A petition of Lancaster Hill, and a number of other Negroes praying the Court to take into consideration their state of bondage, and pass an act whereby they may be restored to the enjoyment of that freedom which is the natural right of all men. Read and committed to Judge Sargent, Mr. Dalton, Mr. Appleton, Col. Brooks, and Mr. Story."

There is no record of the action of the committee, if any were ever had; but at the afternoon session of the Legislature, Monday, June 9, 1777, a bill was introduced to prevent "the Practice of holding persons in Slavery." It was "read a first time, and ordered to be read again on Friday next, at 10 o'clock A.M." Accordingly, on the 13th of June, the bill was "read a second time, and after Debate thereon, it was moved and seconded, That the same lie upon the Table, and that Application be made to Congress on the subject thereof; and the Question being put, it passed in the affirmative, and Mr. Speaker, Mr. Wendell, and Col. Orne, were appointed a Committee to prepare a letter to Congress accordingly, and report." The last action, as far as indicated by the journal, was had on Saturday, June 14, when "the Committee appointed to prepare a Letter to Congress, on the subject of the Bill for preventing the Practice of holding Persons in Slavery, reported." It was "Read and ordered to lie."[623] And so it did "lie," for that was the end of the matter.

Judge Sargent, who was chairman of the committee appointed on the 18th of March, 1777, was doubtless the author of the following bill:—

"STATE OF MASSACHUSETTS BAY. IN THE YEAR OF OUR LORD, 1777.

"AN ACT for preventing the practice of holding persons in Slavery.

"WHEREAS, the practice of holding Africans and the children born of them, or any other persons, in Slavery, is unjustifiable in a civil government, at a time when they are asserting their natural freedom; wherefore, for preventing such a practice for the future, and establishing to every person residing within the State the invaluable blessing of liberty.

"Be it Enacted, by the Council and House of Representatives, in General Court assembled, and by the authority of the same,—That all persons, whether black or of other complexion, above 21 years of age, now held in Slavery, shall, from and after the —— day of —— next, be free from any subjection to any master or mistress, who have claimed their servitude by right of purchase, heirship, free gift, or otherwise, and they are hereby entitled to all the freedom, rights, privileges and immunities that do, or ought of right to belong to any of the subjects of this State, any usage or custom to the contrary notwithstanding.

"And be it Enacted, by the authority aforesaid, that all written deeds, bargains, sales or conveyances, or contracts without writing, whatsoever, for conveying or transferring any property in any person, or to the service and labor of any person whatsoever, of more than twenty-one years of age, to a third person, except by order of some court of record for some crime, that has been, or hereafter shall be made, or by their own voluntary contract for a term not exceeding seven years, shall be and hereby are declared null and void.

"And WHEREAS, divers persons now have in their service negroes, mulattoes or others who have been deemed their slaves or property, and who are now incapable of earning their living by reason of age or infirmities, and may be desirous of continuing in the service of their masters or mistresses,—be it therefore Enacted, by the authority aforesaid, that whatever negro or mulatto, who shall be desirous of continuing in the service of his master or mistress, and shall voluntarily declare the same before two justices of the County in which said master or mistress resides, shall have a right to continue in the service, and to a maintenance from their master or mistress, and if they are incapable of earning their living, shall be supported by the said master or mistress, or their heirs, during the lives of said servants, any thing in this act to the contrary notwithstanding.

"Provided, nevertheless, that nothing in this act shall be understood to prevent any master of a vessel or other person from bringing into this State any persons, not Africans, from any other part of the world, except the United States of America, and selling their service for a term of time not exceeding five years, if twenty-one years of age, or, if under twenty-one, not exceeding the time when he or she so brought into the State shall be twenty-six years of age, to pay for and in consideration of the transportation and other charges said master of vessel or other person may have been at, agreeable to contracts made with the persons so transported, or their patents or guardians in their behalf, before they are brought from their own country."[624]

On the back of the bill the following indorsement was written by some officer of the Legislature: "Ordered to lie till the second Wednesday of the next Session of the General Court." This might have ended the struggle for the extinction of slavery in Massachusetts, had not the people at this time made an earnest demand for a State constitution. As the character of the constitution was discussed, the question of slavery divided public sentiment. If it were left out of the constitution, then the claims of the master would forever lack the force of law; if it were inserted as part of the constitution, it would evidence the insincerity of the people in their talk about the equality of the rights of man, etc. The Legislature—Convention of 1777-78—prepared, debated, and finally approved and submitted to the people, a draught of a constitution for the State, on the 28th of February, 1778. The framers of the constitution seemed to lack the courage necessary to declare in favor of the freedom of the faithful blacks who had rendered such efficient aid to the cause of the colonists. The prevailing sentiment of the people demanded an article in the constitution denying Negroes the right of citizens. It may be fortunate for the fame of the Commonwealth that the record of the debates on the article denying Negroes the right of suffrage has not been preserved. The article is here given:—

"V. Every male inhabitant of any town in this State, being free, and twenty-one years of age, excepting Negroes, Indians and Mulattoes, shall be intitled to vote for a Representative or Representatives, as the case may be," etc.

By this article three classes of inhabitants were excluded from the rights, blessings, and duties of citizenship; and the institution of slavery was recognized as existing by sanction of law. But the constitution was rejected by the people, by an overwhelming majority; not, however, on account of the fifth article, but because the instrument was obnoxious to them on general principles.

The defeat of the constitution did not temper public sentiment on the question of Negro slavery, for the very next year the domestic trade seemed to receive a fresh impetus. The following advertisements furnish abundant proof of the undiminished vigor of the enterprise.

From "The Continental Journal," Nov. 25, 1779:—

"To be SOLD A likely NEGRO GIRL, 16 years of Age, for no fault, but want of employ."

From the same, Dec. 16, 1779:—

"To be SOLD, A Strong likely NEGRO GIRL," etc.

From "The Independent Chronicle," March 9, 1780:—

"To be SOLD, for want of employment, an exceeding likely NEGRO GIRL, aged sixteen."

From the same, March 30 and April 6, 1780:—

"To be SOLD, very Cheap, for no other Reason than for want of Employ, an exceeding Active NEGRO BOY, aged fifteen. Also, a likely NEGRO GIRL, aged seventeen."

From "The Continental Journal," Aug. 17, 1780:—

"To be SOLD, a likely NEGRO BOY."

From the same, Aug. 24 and Sept. 7:—

"To be SOLD or LETT, for a term of years, a strong, hearty, likely NEGRO GIRL."

From the same, Oct. 19 and 26, and Nov. 2:—

"To be SOLD, a likely NEGRO BOY, about eighteen years of Age, fit for to serve a Gentleman, to tend horses or to work in the Country."

From the same, Oct. 26, 1780:—

"To be SOLD, a likely NEGRO BOY, about 13 years old, well calculated to wait on a Gentleman. Inquire of the Printer."

"To be SOLD, a likely young COW and CALF. Inquire of the Printer."

"Independent Chronicle," Dec. 14, 21, 28, 1780:—

"A NEGRO CHILD, soon expected, of a good breed, may be owned by any Person inclining to take it, and Money with it."

"Continental Journal," Dec. 21, 1780, and Jan. 4, 1781:—

"To be SOLD, a hearty, strong NEGRO WENCH, about 29 years of age, fit for town or country."

From "The Continental Journal," March 1, 1781:—

"To be SOLD, an extraordinary likely NEGRO WENCH, 17 years old, she can be warranted to be strong, healthy and good-natured, has no notion of Freedom, has been always used to a Farmer's Kitchen and dairy, and is not known to have any failing, but being with Child, which is the only cause of her being sold."

It is evident, from the wording of the last advertisement quoted, that the Negroes were sniffing the air of freedom that occasionally blew from the victorious battle-fields, where many of their race had distinguished themselves by the most intrepid valor. They began to get "notions of freedom," and this depreciated their market value.

Dr. William Gordon, the steadfast, earnest, and intelligent friend of the Negro, was deposed as chaplain of both branches of the Legislature on account of his vehement protest against the adoption of the fifth article of the constitution by that body. But his zeal was not thereby abated. He continued to address able articles to the public, and wrought a good work upon the public conscience.

In Virginia, notwithstanding Negroes were among the State's most gallant defenders, a law was passed in October, 1776, "declaring tenants of lands or slaves in taille to hold the same in fee simple." Under the circumstances, after the war had begun, and after the declaration by the State of national independence, it was a most remarkable law.

"That any person who now hath, or hereafter may have, any estate in fee taille, general or special, in any lands or slaves in possession, or in the use or trust of any lands or slaves in possession, or who now is or hereafter may be entitled to any such estate taille in reversion or remainder, after the determination of any estate for life or lives, or of any lesser estate, whether such estate taille hath been or shall be created by deeds, will, act of assembly, or by any other ways or means, shall from henceforth, or from the commencement of such estate taille, stand ipso facto seized, possessed, or entitled of, in, or to such lands or slaves, or use in lands or slaves, so held or to be held as aforesaid, in possession, reversion, or remainder, in full and absolute fee simple, in like manner as if such deed, will, act of assembly, or other instrument, had conveyed the same to him in fee simple; any words, limitations, or conditions, in the said deed, will, act of assembly, or other instrument, to the contrary notwithstanding."[625]

But the valor of the Negro soldier had great influence upon the public mind, and inspired the people in many of the States to demand public recognition of deserving Negroes. It has been noted already, that in South Carolina, if a Negro, having been captured by the enemy, made good his escape back into the State, he was emancipated; and, if wounded in the line of duty, was rewarded with his freedom. Rhode Island purchased her Negroes for the army, and presented them with fifty dollars bounty and a certificate of freedom at the close of the war. Even Virginia, the mother of slavery, remembered, at the close of the war, the brave Negroes who had fought in her regiments. In October, 1783, the following Act was passed emancipating all slaves who had served in the army with the permission of their masters. It is to be regretted, however, that all slaves who had served in the army were not rewarded with their freedom.

"I. WHEREAS it hath been represented to the present general assembly, that during the course of the war, many persons in this state had caused their slaves to enlist in certain regiments or corps raised within the same, having tendered such slaves to the officers appointed to recruit forces within the state, as substitutes for free persons, whose lot or duty it was to serve in such regiments or corps, at the same time representing to such recruiting officers that the slaves so enlisted by their direction and concurrence were freemen; and it appearing further to this assembly, that on the expiration of the term of enlistment of such slaves that the former owners have attempted again to force them to return to a state of servitude, contrary to the principles of justice, and to then own solemn promise.

"II. And whereas it appears just and reasonable that all persons enlisted as aforesaid, who have faithfully served agreeable to the terms of their enlistment, and have thereby of course contributed towards the establishment of American liberty and independence, should enjoy the blessings of freedom as a reward for their toils and labours; Be it therefore enacted, That each and every slave who by the appointment and direction of his owner, hath enlisted in any regiment or corps raised within this state, either on continental or state establishment, and hath been received as a substitute for any free person whose duty or lot it was to serve in such regiment or corps, and hath served faithfully during the term of such enlistment, or hath been discharged from such service by some officer duly authorized to grant such discharge, shall from and after the passing of this act, be fully and compleatly emancipated, and shall be held and deemed free in as full and ample a manner as if each and every of them were specially named in this act; and the attorney-general for the commonwealth, is hereby required to commence an action, in forma pauperis, in behalf of any of the persons above described who shall after the passing of this act be detained in servitude by any person whatsoever; and if upon such prosecution it shall appeal that the pauper is entitled to his freedom in consequence of this act, a jury shall be empanelled to assess the damages for his detention."[626]

New York enlisted her Negro soldiers under a statutory promise of freedom. They were required to serve three years, or until regularly discharged. Several other States emancipated a few slaves who had served faithfully in the army; and the recital of the noble deeds of black soldiers was listened to with great interest, had an excellent effect upon many white men after the war, and went far towards mollifying public sentiment on the slavery question.

If Massachusetts were ever moved by the valor of her black soldiers to take any action recognizing their services, the record has not been found up to the present time. After commemorating the 5th of March for a long time, as a day on which to inflame the public zeal for the cause of freedom, her Legislature refused to mark the grave of the first martyr of the Revolution, Crispus Attucks!

Slavery flourished during the entire Revolutionary period. It enjoyed the silent acquiescence of the pulpit, the support of the public journals, the sanction of the courts, and the endorsement of the military establishment. In a free land (?), under the flag of the government Negroes fought, bled, sacrificed, and died to establish, slavery held undisputed sway. The colonial government, built by the cruel and voracious avarice of Britain, crumbled under the master-stroke of men who desired political and religious liberty more than jewelled crowns; but the slave institution stood unharmed by the shock of embattled arms. The colonists asked freedom for themselves and children, but forged chains for Negroes and their children. And while a few individual Negro slaves were made a present of themselves at the close of the war, on account of their gallant service, hundreds of thousands of their brethren were still retained in bondage

FOOTNOTES:

[622] See Slavery in Mass., p. 178.

[623] House Journal, pp. 19, 25.

[624] Mass. Archives; Revolutionary Resolves, vol. vii. p. 133.

[625] Hening, vol. ix. p. 226.

[626] Hening, vol. xi pp. 308, 309.



CHAPTER XXXI.

SLAVERY AS A POLITICAL AND LEGAL PROBLEM.

1775-1800.

BRITISH COLONIES IN NORTH AMERICA DECLARE THEIR INDEPENDENCE.—A NEW GOVERNMENT ESTABLISHED.—SLAVERY THE BANE OF AMERICAS CIVILIZATION.—THE TORY PARTY ACCEPT THE DOCTRINE OF PROPERTY IN MAN.—THE DOCTRINE OF THE LOCAL CONSTITUTION IN THE SOUTH.—THE WAR PARTY THE DOMINANT POLITICAL ORGANIZATION IN THE NORTHERN STATES.—SLAVERY RECOGNIZED UNDER THE NEW GOVERNMENT.—ANTI SLAVERY AGITATION IN THE STATES.—ATTEMPTED LEGISLATION AGAINST SLAVERY.—ARTICLES OF CONFEDERATION.—THEIR ADOPTION IN 1778.—DISCUSSION CONCERNING THE DISPOSAL OF THE WESTERN TERRITORY.—MR. JEFFERSON'S RECOMMENDATION—AMENDMENT OF MR. SPAIGHT.—CONGRESS IN NEW YORK IN 1787.—DISCUSSION RESPECTING THE GOVERNMENT OF THE WESTERN TERRITORY.—CONVENTION AT PHILADELPHIA TO FRAME THE FEDERAL CONSTITUTION.—PROCEEDINGS OF THE CONVENTION.—THE SOUTHERN STATES STILL ADVOCATE SLAVERY.—SPEECHES ON THE SLAVERY QUESTION BY LEADING STATESMEN.—CONSTITUTION ADOPTED BY THE CONVENTION IN 1787.—FIRST SESSION OF CONGRESS UNDER THE FEDERAL CONSTITUTION HELD IN NEW YORK IN 1789.—THE INTRODUCTION OF A TARIFF BILL.—AN ATTEMPT TO AMEND IT BY INSERTING A CLAUSE LEVYING A TAX ON SLAVES BROUGHT BY WATER.—EXTINCTION OF SLAVERY IN MASSACHUSETTS.—A CHANGE IN THE PUBLIC OPINION OF THE MIDDLE AND EASTERN STATES ON THE SUBJECT OF SLAVERY.—DR. BENJAMIN FRANKLIN'S ADDRESS TO THE PUBLIC FOR PROMOTING THE ABOLITION OF SLAVERY.—MEMORIAL TO THE UNITED STATES CONGRESS.—CONGRESS IN 1790.—BITTER DISCUSSION ON THE RESTRICTION OF THE SLAVE TRADE.—SLAVE POPULATION.—VERMONT AND KENTUCKY ADMITTED INTO THE UNION.—A LAW PROVIDING FOR THE RETURN OF FUGITIVES FROM 'LABOR AND SERVICE.—CONVENTION OF FRIENDS HELD IN PHILADELPHIA.—AN ACT AGAINST THE FOREIGN SLAVE TRADE.—MISSOURI TERRITORY.—CONSTITUTION OF GEORGIA REVISED.—NEW YORK PASSES A BILL FOR THE GRADUAL EXTINCTION OF SLAVERY.—CONSTITUTION OF KENTUCKY REVISED.—SLAVERY AS AN INSTITUTION FIRMLY ESTABLISHED.

The charge that the mother-country forced slavery upon the British colonies in North America held good until the colonies threw off the yoke, declared their independence, and built a new government, on the 4th of July, 1776. After the promulgation of the gospel of human liberty, the United States of America could no longer point to England as the "first man Adam" of the accursed sin of slavery. Henceforth the American government, under the new dispensation of peace and the equality of all men, was responsible for the continuance of slavery, both as a political and legal problem

Slavery did not escheat to the English government upon the expiration of its authority in North America. It became the dreadful inheritance of the new government, and the eyesore of American civilization. Instead of expelling it from the political institutions of the country, it gradually became a factor of great power. Instead of ruling it out of the courts, it was clothed with the ample garments of judicial respectability.

The first article of the immortal Declaration of Independence was a mighty shield of beautifully wrought truths, that the authors intended should protect every human being on the American Continent.

"We hold these truths to be self-evident:—that all men are created equal, that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute a new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness."

It was to be expected, that, after such a declaration of principles, the United States would have abolished slavery and the slave-trade forever. While the magic words of the Declaration of Independence were not the empty "palaver" of a few ambitious leaders, yet the practices of the local and the national government belied the grand sentiments of that instrument. From the earliest moment of the birth of the United-States government, slavery began to receive political support and encouragement. Though it was the cruel and depraved offspring of the British government, it nevertheless was adopted by the free government of America. Political policy seemed to dictate the methods of a political recognition of the institution. And the fact that the slave-trade was prohibited by Congress at an early day, and by many of the colonies also, did not affect the institution in a local sense.

The Tory party accepted the doctrine of property in man, without hesitation or reservation. Their political fealty to the Crown, their party exclusiveness, and their earnest desire to co-operate with the Royal African Company in the establishment of the slave institution in America, made them, as per necessity, the political guardians of slavery. The institution once planted, property in man having been acquired, it was found to be a difficult task to uproot it. Moreover, the loss of the colonies to the British Crown did not imply death to the Tory party. It doubtless suffered organically; but its individual members did not forfeit their political convictions, nor suffer their interest in the slave-trade to abate. The new States were ambitious to acquire political power. The white population of the South was small when compared with that of the North; but the slave population, added to the former, swelled it to alarming proportions.