[422] Birney, William, James G. Birney and his Times, p. 132.

[423] Birney, William, James G. Birney and his Times, p. 133.

[424] Ibid., p. 182. The interesting story of Birney and his troubles with his fellow townsmen does not come within the scope of this investigation and will be found treated at length in William Birney's James G. Birney and His Times.

[425] Birney, William, James G. Birney and his Times, p. 185.

[426] Ibid., p. 155.

[427] Birney, William, James G. Birney and his Times, p. 156.

[428] Quick to recognize this tendency, Clay referred to it in his Senate speech of February 7, 1839:

"The proposition in Kentucky for gradual emancipation did not prevail, but it was sustained by a large and respectable minority. That minority had increased, and was increasing, until the abolitionists commenced their operations. The effect has been to dissipate all prospects whatever, for the present, of any scheme of gradual or other emancipation. The people of that state have been shocked and alarmed by these abolition movements, and the number who would now favor a system even of gradual emancipation is probably less than it was in the years 1798-9. At the session of the legislature held in 1837-8 the question of calling a convention was submitted to a consideration of the people by a law passed in conformity with the Constitution of that state. Many motives existed for the passage of the law, and among them that of emancipation had its influence. When the question was passed upon by the people at their last annual election, only about one fourth of the whole voters of the state supported a call of a convention. The apprehension of the danger of abolition was the leading consideration among the people for opposing the call. But for that, but for the agitation of the question of abolition in states whose population had no right, in the opinion of the people of Kentucky, to interfere in the matter, the vote for a convention would have been much larger, if it had not been carried.... Prior to the agitation of this subject of abolition, there was a progressive melioration in the condition of the slaves—schools of instruction were opened by humane and religious persons. These are now all checked, and a spirit of insubordination having shown itself in some localities, traceable, it is believed, to abolition movements and exertions, the legislative authority has found it expedient to infuse fresh vigor into the police and the laws which regulate the conduct of the slaves."—Colton, Reed & McKinley, Works of Henry Clay, Vol. 6, pp. 153-154.

[429] Niles' Register, July 4, 1835.

[430] Shaler, N. S., Kentucky, p. 197.

[431] Louisville Weekly Journal, September 26, 1849.

[432] Niles' Register, May 9, 1849. Clay, Cassius, Memoirs, pp. 175-178. Collins, History of Kentucky, Vol. 1, p. 59.

[433] Clay endeavored in his plan to be fair to all parties concerned, not only the Negro but the slave owner as well, as is well evident in the following paragraph, in which he sought to show the justice of his scheme to the holders of Negroes in the State:

"That the system, will be attended with some sacrifices on the part of the slaveholders, which are to be regretted, need not be denied. What great and beneficent enterprise was ever accomplished without risk and sacrifice! But these sacrifices are distant, contingent, and inconsiderable. Assuming the year 1860 for the commencement of the system, all slaves born prior to that time would remain such during their lives, and the present loss of the slaveholder would be only the difference in value of the female slave whose offspring, if she had any, born after the first day of January, 1860, should be free at the age of twenty-five or should be slaves for life. In the meantime, if the right to remove or sell the slave out of the State should be exercised, that trifling loss would not be incurred. The slaveholder, after the commencement of the system, would lose the difference between the value of the slaves for life and slaves until the age of twenty-five years. He might also incur some inconsiderable expense in rearing from their birth the issue of those who were to be free at twenty-five, until they were old enough to be apprenticed out; but as it is probable that they would be most generally bound to him, he would receive some indemnity from their services until they attained their majority."

[434] Collins, History of Kentucky, Vol. 1, p. 58.

[435] Niles' Register, February 21, 1849.

[436] We know how Clay felt about this matter, for he referred to it at length in his speech in the Senate on February 20, 3850, in the debate on the Compromise resolutions. Speaking particularly of his letter of emancipation he declared: "I knew at the moment that I wrote that letter in New Orleans, as well as I know at this moment, that a majority of the people of Kentucky would not adopt my scheme, or probably any project whatever of gradual emancipation. Perfectly well did I know it; but I was anxious that, if any of my posterity, or any human being who comes after me, should have occasion to look into my sentiments, and ascertain what they were on this great institution of slavery; to put them on record then; and ineffectual as I saw the project would be, I felt it was a duty which I owed to myself, to truth, to my country, and to my God, to record my sentiments. The State of Kentucky has decided as I anticipated she would do. I regret it; but I acquiesce in her decision." —Colton, Reed & McKinley, Works of Henry Clay, Vol. 3, p. 353

[437] Collins, History of Kentucky, Vol. 1, p. 61.

[438] Ibid., Vol. 1, p. 83.

[439] Session Laws of 1863, p. 366.

[440] Ibid., 1856, Vol. 1, p. 50.

[441] Maysville Eagle, April 11, 1838.



BOOK REVIEWS

The Negro in Literature and Art. By BENJAMIN BRAWLEY. Duffield and Company, New York, 1918. Pp. 176. Price $1.25.

This is an effort to put in succinct form an estimate of the Negro's efforts in the creative world. The style of the book is largely biographical. The opening chapter deals with Negro genius. Then around such Negroes as Phyllis Wheatley, Paul Laurence Dunbar, Charles W. Chestnutt, W. E. B. DuBois, William Stanley Braithwaite, Meta Warrick Fuller, Henry O. Tanner, Frederick Douglass, and Booker T. Washington are grouped most of the facts as to the achievements of the Negroes in art, literature, and science. In the appendix there is a dissertation on the Negro in American fiction. A helpful bibliography and a short index are also added.

This book is unique in that it is the first work devoted exclusively to this aspect of Negro history. It undertakes "to treat somewhat more thoroughly than has ever before been attempted the achievement of the Negro in the United States along literary and artistic lines, judging this by absolute rather than by partial or limited standards." The work is the result of studies begun by the author years ago and published in booklet form in 1910 as The Negro in Literature and Art. The substance of this treatise is found also in Professor Brawley's A Short History of the American Negro. Certain articles included therein have already been published in the Springfield Republican, The Southern Workman, and the Dial. The appearance of this work in the new form is justified by the author on the ground that the constantly increasing material in this field has so changed his viewpoint that the time seemed ripe for a more intensive review.

The purpose of the author is a lofty one. Here we see the effort to inform the public that there is among Negroes a growing scholarship which must be reckoned with in determining the thought of this country. It is to convince the public that the Negro mind is functioning along all lines of thought known to other races of achievement. The purpose, too, is to set forth to Negroes examples of successful men and women in this field to serve them as an incentive to contribute to thought. Professor Brawley has, therefore, written an interesting book which should attract all persons desiring to understand those forces at work in the Negro mind and the manner in which they have found expression.

C. G. WOODSON

* * * * *

Negro Folk Songs. By NATALIE CURTIS BURLIN. Book I. New York and Boston, G. Schirmer. Pp. 42. Price 50 cents.

The unique features of Natalie Curtis Burlin's notation of Negro folk-songs, collected in the South, are their complete truth to the original folk-song, spirit and letter. The spontaneous part-singing of groups of Negroes is a rare phenomenon in folk-music, for most simple people sing only a unisono melody. Mrs. Curtis Burlin, unlike most former collectors, has recorded not only the melody and words, but the whole choral folk-song, as sung in the South, with all its different voices. To secure entire accuracy in so difficult a task, a phonograph was used and the work was mainly accomplished in all its wealth of octave at Hampton Institute, Virginia, under the auspices of which the collection was undertaken and for the benefit of which the publications are made. Not content with a by-ear approximation only of the folk-song, Mrs. Burlin gave especial care to the notation of every nuance of Negro singing—organic and rhythmic. The changing nuance syncopations that give such expressive accent to the different solo verses sung by the Negro "leader" have all been caught and put upon paper. Doctor Talcott Williams, of the New York School of Journalism, says that the example of this reverent and scholarly work marks a new era in the collecting of Negro folk-music in this country.

The words of the songs—true folk-poems—have been noted in dialect with the same truth to Negro rendering as the music. Furthermore, the syllables stressed in the music are stressed in the written poem as well; for in the mind of the Negro authors, words and music were one spontaneous creation, and it is the music that gives to the words the accent, instead of the words forming the basis of the accentuation of the music, as with us. This reproduction in verse of the original Negro rhythms which are full of unexpected emphasis and captivating syncopation forms a new departure in the manner of writing Negro poems and it is believed that modern poets and writers of vers libre will find interest in the richness and variety of Negro rhythms here shown.

Each song is prefaced by a few paragraphs of descriptive text and the dedications of the different records to men who have helped to advance the Negro summarize, in a sense, the progress of the race since emancipation.

The recording of Negro folk-songs was prefaced by Mrs. Burlin by a year's study of the native music of Africa. Doubleday, Page & Co. will bring out in the autumn her book entitled Songs From the Dark Continent, containing the results of careful study of native folk-lore and music told and sung by two African boys (one a Zulu and the other from the Ndan tribe) who had come directly to Hampton Institute from the Dark Continent. This book plainly proves the relationship of American Negro music to its parent stem in Africa, and reveals the poetic as well as musical gifts latent in the black race.

* * * * *

The Black Man's Part in the War. By SIR H. H. JOHNSTON. Simpkin Marshall, London, 1917.

Taking into consideration that the United Kingdom now rules 50,000,000 of Africans who are well represented in the battle line by the thousands of Negroes fighting to make democracy safe in the world of the white man, from which the blacks are excluded, this sympathetic writer here endeavors to give these soldiers of color credit for their unselfish services. The highest tribute which he pays them is that their loyalty is incontestable. The writer, therefore, makes an appeal in behalf of safeguarding their interests and reasonably preserving their independence after the war. Having in mind the new alignments of trade, he sees the Africans as the producers of the tropical products which white men will need. Their future loyalty in the competitive commercial world after the war is also necessary to the salvation of the English people in the tropics and at home.

The writer believes too that to secure this necessary loyalty the natives must be given political recognition. The rights of the black man as a citizen of the empire must be affirmed wherever the territories have been under British rule long enough to acquire a very British tone in language, education and ideals. He hopes also that the present tendency of the natives of the late German possessions to prefer the rule of the British to that of their former masters may be further accentuated by the efforts of Englishmen to treat these natives with more consideration. The writer advocates also a fair division of land where the two races are brought into contact with each other as in Rhodesia.

To strengthen the claims he makes for the recognition of the black man the writer has well illustrated his book with plates showing the advancement of Negroes to arouse interest in their behalf. The book is, of necessity, incomplete, as the war has not yet ended; but, on the whole, students of Negro life and history will find it profitable to read this broad enlightened working program for changing the white man's attitude toward a large part of the human family which not only has done him no great wrong, but has borne his burdens when he has been about to fall beneath the load.

* * * * *

History of the Civil War. By JAMES FORD RHODES, LL.D., D.Litt. McMillan Company, New York. 1861-1865. Pp. 454.

Mr. Rhodes has covered this ground in detail in his History of the United States in seven volumes. But this work is not an abridgment of the three volumes of that history dealing with the Civil War. Since writing his first history he has had access to much new material and many valuable treatments of certain periods of the Civil War. He has, therefore, considered it necessary to bring out this new volume that he may show the bearing of these new facts on his grasp of this period of our history.

Influenced by the dominant thought of the present war, Mr. Rhodes treats such conditions as unpreparedness, the privations of the war, lack of tea and coffee, the lack of bread and meat, the difficulty of transportation, conscription, high prices, loans, high taxation, and consequent distress. The Negroes are necessarily mentioned in the discussion of slavery in the territories, the attempted slavery compromises, Lincoln's handling of the question, the effect on them of the movements of the armies, and the efforts at emancipation leading up to the ratification of the Thirteenth Amendment. Mention is also made of the conduct of the slaves who accompanied the Confederates and of those who followed and fought with the Union army.

Mr. Rhodes is here at his best, that is, when writing on the Civil War. But this seems to be mere chance. He writes a good history of the Civil War because he happens to be a Unionist, and no one has yet proved that the Union cause was wrong. He is after all an impressionable historian, accepting almost anything he picks up, but embellishing it so well as to win the American public, whose scholarship has not yet performed the task of publishing an authentic history of the Civil War from the viewpoint of treating the records scientifically. When Rhodes elsewhere takes up the Negro in the Reconstruction he shows his lack of ability as an historian in accepting almost everything which he has heard or read about the Negro and in branding, therefore, as mistakes and failures all of the efforts to elevate the Negro to the dignity of citizenship and to deal with him as a human being.



NOTES

William Bernard Hartgrove, one of the five members who participated in the organization of the Association for the Study of Negro Life and History in Chicago in 1915, died at Albuquerque, New Mexico, on the twenty-fourth of April. In his death the Association lost a substantial supporter and friend. He was an unselfish, wide-awake and enterprising teacher, endeavoring always to be instrumental in the uplift of the Negro. During the last ten years of his life he devoted much of his time and means to the work of the National Association for the Advancement of Colored People, serving the local branch most of that period as secretary. When the Association for the Study of Negro Life and History was organized he was among the first to see its possibilities and to give it financial as well as moral support. He made himself useful in assisting the editor in his arduous duties during the days when the work was in the making. He contributed to the JOURNAL OF NEGRO HISTORY, moreover, a number of articles, among which are: The Story of Maria Louise Moore and Fannie M. Richards, The Negro Soldier in the American Revolution, and The Story of Josiah Henson.

* * * * *

Mention of the slave Archy in Miss Beasley's Slavery in California has called forth from a relative of his the following short sketch:

Archy's mother was named Maria. Maria had four children: Archy, Candace, Pompey and Quitman. (I am the daughter of Candace.) At the time Charles A. Stoval took Archy to California, Maria with her other children were with Simeon Stoval, the father of Chas. A. Stoval.

Chas. A. Stoval had been graduated in medicine and had returned home to begin practice, but his health having failed him, he went to California, taking my Uncle Archy with him. My grandmother Maria heard through the relatives of Stoval of Archy during the time Stoval remained in California. But near the close of the Civil War, Chas. A. Stoval returned to Mississippi and remained there until his death a few years later. After Stoval came back from California, my grandmother never heard any more of her son Archy, except when she once heard that he was with the Indians, who were treating him for some kind of sickness. Whether he died or whether this rumor was put out to keep the Stovals from trying to steal him and bring him back to Mississippi I have never been able to learn. My grandmother Maria continued to search for Archy, by writing several times to San Francisco, but without success. She died in 1884. Pompey and Quitman continued to live near Jackson, Miss., where Quitman died some time ago. Pompey was still alive when I last heard of him.

MRS. R. A. HUNT

* * * * *

German East Africa, by A. F. Calvert, has been published by Werner Laurie, London.

Messrs. Routledge, of London, will soon bring out a volume of Select Constitutional Documents Illustrating the History of South Africa.

Dr. H. K. W. Kumm's history of modern missionary work has appeared with imprint of MacMillan with the title African Missionary Heroes and Heroines.

Doubleday, Page and Company announce the appearance of Education and Life, by Doctor Francis Greenwood Peabody, of Harvard University. This is a short history of Hampton Institute during the last fifty years, prepared at the request of the trustees.



THE JOURNAL

OF

NEGRO HISTORY

VOL. III—OCTOBER, 1918—NO. 4



THE BEGINNINGS OF THE MISCEGENATION OF THE WHITES AND BLACKS

Although science has uprooted the theory, a number of writers are loath to give up the contention that the white race is superior to others, as it is still hoped that the Caucasian race may be preserved in its purity, especially so far as it means miscegenation with the blacks. But there are others who express doubt that the integrity of the dominant race has been maintained.[442] Scholars have for centuries differed as to the composition of the mixed breed stock constituting the Mediterranean race and especially about that in Egypt and the Barbary States. In that part of the dark continent many inhabitants have certain characteristics which are more Caucasian than negroid and have achieved more than investigators have been willing to consider the civilization of the Negro. It is clear, however, that although the people of northern Africa cannot be classed as Negroes, being bounded on the south by the masses of African blacks, they have so generally mixed their blood with that of the blacks that in many parts they are no nearer to any white stock than the Negroes of the United States.

This miscegenation, to be sure, increased toward the south into central Africa, but it has extended also to the north and east into Asia and Europe. Traces of Negro blood have been found in the Malay States, India and Polynesia. In the Arabian Peninsula it has been so extensive as to constitute a large group there called the Arabised Negroes. But most significant of all has been the invasion of Europe by persons of African blood. Professor Sergi leads one to conclude that the ancient Pelasgii were of African origin or probably the descendants of the race which settled northern Africa and southern Europe, and are therefore due credit for the achievements of the early Greek and Italian civilizations.[443]

There is much evidence of a further extension of this infusion in the Mediterranean world.

"Recent discoveries made in the vicinity of the principality of Monaco and others in Italy and western France," says MacDonald, "would seem to reveal ... the actual fact that many thousand years ago a negroid race had penetrated through Italy into France, leaving traces at the present day in the physiognomy of the peoples of southern Italy, Sicily, Sardinia and western France, and even in the western parts of the United Kingdom of Great Britain and Ireland. There are even at the present day some examples of the Keltiberian peoples of western Scotland, southern and western Wales, southern and western Ireland, of distinctly negroid aspect, and in whose ancestry there is no indication whatever of any connection with the West Indies or with Modern Africa. Still more marked is this feature in the peoples of southern and western France and of the other parts of the Mediterranean already mentioned."[444]

Because of the temperament of the Portugese this infusion of African blood was still more striking in their country. As the Portugese are a good-natured people void of race hate they did not dread the miscegenation of the races. One finds in southern Portugal a "strong Moorish, North African element" and also an "old intermixture with those Negroes who were imported thither from Northwest Africa to till the scantily populated southern provinces."[445] This miscegenation among the Portugese easily extended to the New World. Then followed the story of the Caramarii, the descendants of the Portugese, who after being shipwrecked near Bahia arose to prominence among the Tupinambo Indians and produced a clan of half-castes by taking to himself numerous native women.[446] This admixture served as a stepping stone to the assimilation of the Negroes when they came.

There immigrated later into Brazil other settlers who, mixing eagerly with the Amerindians, gave rise to a race called Mamelucos who began to mix maritally with the imported Negro women. The French and Dutch too in caring for their offspring by native women promoted the same. "They educated them, set them free, lifted them above servitude, and raised them socially to the level of the whites"[447] so that today generally speaking there are no distinctions in society or politics in Brazil. Commenting on this condition in Brazil, Agassiz said: "This hybrid class, although more marked here because the Indian is added, is very numerous in all cities; perhaps, the fact, so honorable to Brazil, that the free Negro has full access to all privileges of any free citizen, rather tends to increase than to dimmish that number." After emancipation in Brazil in 1888, the already marked tendency toward this fusion of the slave and the master classes gradually increased.[448]

The Spaniards mixed less freely with the Negroes than did the Portugese but mixed just the same. At first they seriously considered the inconveniences which might arise from miscegenation under frontier conditions and generally refrained from extensive intermingling. But men are but men and as Spanish women were far too few in the New World at that time, the other sex of their race soon yielded to the charms of women of African blood. The rise of the mixed breeds too further facilitated the movement. Spaniards who refused to intermingle with the blacks found it convenient to approach the hybrids who showed less color. In the course of time, therefore, the assimilation of the blacks was as pronounced in some of the Spanish colonies as in those which originally exhibited less race antipathy. There are millions of Hispanicized Negroes in Latin America. Many of the mixed breeds, however, have Indian rather than Negro blood.[449]

Miscegenation had its best chance among the French. Not being disinclined to mingle with Negroes, the French early faced the problem of the half caste, which was given consideration in the most human of all slave regulations, the Code Noir.[450] It provided that free men who had children from their concubinage with women-slaves (if they consented to such concubinage) should be punished by a fine of two thousand pounds of sugar. But if the offender was the master himself, in addition to the fine, the slave should be taken from him, sold for the benefit of the hospital and never be allowed to be freed; excepting, that, if the man was not married to another person at the time of his concubinage, he was to marry the woman slave, who, together with her children, should thereby become free. Masters were forbidden to constrain slaves to marry against their will. Many Frenchmen like those in Haiti married their Negro mistresses, producing attractive half caste women who because of their wealth were sought by gentlemen in preference to their own women without dot.

Among the English the situation was decidedly different. There was not so much need for the use of Negro women by Englishmen in the New World, but there was the same tendency to cohabit with them. In the end, however, the English, unlike the Latins, disowned their offspring by slave women, leaving these children to follow the condition of their mother. There was, therefore, not so much less miscegenation among the English but there remained the natural tendency so to denounce these unions as eventually to restrict the custom, as it is today, to the weaker types of both races, the offspring of whom in the case of slave mothers became a commodity in the commercial world.

There was extensive miscegenation in the English colonies, however, before the race as a majority could realize the apparent need for maintaining its integrity. With the development of the industries came the use of the white servants as well as the slaves. The status of the one differed from that of the other in that the former at the expiration of his term of service could become free whereas the latter was doomed to servitude for life. In the absence of social distinctions between these two classes of laborers there arose considerable intermingling growing out of a community of interests. In the colonies in which the laborers were largely of one class or the other not so much of this admixture was feared, but in the plantations having a considerable sprinkling of the two miscegenation usually ensued.

The following, therefore, was enacted in Maryland in 1661 as a response to the question of the council to the lower house as to what it intended should become of such free women of the English or other Christian nations as married Negroes or other slaves.[451] The preamble reads: "And forasmuch as divers freeborn English women, forgetful of their free condition, and to the disgrace of our nation, do intermarry with negro slaves,[452] by which also divers suits may arise, touching the issue of such women, and a great damage doth befall the master of such negroes, for preservation whereof for deterring such free-born women from such shameful matches, be it enacted: That whatsoever free-born woman shall intermarry with any slave, from and after the last day of the present assembly, shall serve the master of such slave during the life of her husband; and that all the issues of such free-born women, so married, shall be slaves as their fathers were." "And be it further enacted: That all the issues of English, or other free-born women, that have already married negroes, shall serve the master of their parents, till they be thirty years of age and no longer."[453]

According to A. J. Calhoun, however, all planters of Maryland did not manifest so much ire because of this custom among indentured servants. "Planters, said he, "sometimes married white women servants to Negroes in order to transform the Negroes and their offspring into slaves.[454] This was in violation of the ancient unwritten law that the children of a free woman, the father being a slave, follow the status of their mother and are free. The custom gave rise to an interesting case. "Irish Nell," one of the servants brought to Maryland by Lord Baltimore, was sold by him to a planter when he returned to England. Following the custom of other masters who held white women as servants, he soon married her to a Negro named Butler to produce slaves. Upon hearing this, Baltimore used his influence to have the law repealed but the abrogation of it was construed by the Court of Appeals not to have any effect on the status of her offspring almost a century later when William and Mary Butler sued for their freedom on the ground that they descended from this white woman. The Provincial Court had granted them freedom but in this decision the Court of Appeals reversed the lower tribunal on the ground that "Irish Nell" was a slave before the measure repealing the act had been passed. This case came up again 1787 when Mary, the daughter of William and Mary Butler, petitioned the State for freedom. Both tribunals then decided to grant this petition.[455]

The act of repeal of 1681, therefore, is self explanatory. The preamble reads: "Forasmuch as, divers free-born English, or white women, sometimes by the instigation, procurement or connivance of their masters, mistresses, or dames, and always to the satisfaction of their lascivious and lustful desires, and to the disgrace not only of the English, but also of many other Christian nations, do intermarry with Negroes and slaves, by which means, divers inconveniences, controversies, and suits may arise, touching the issue or children of such free-born women aforesaid; for the prevention whereof for the future, Be it enacted: That if the marriage of any woman-servant with any slave shall take place by the procurement of permission of the master, such woman and her issue shall be free." It enacted a penalty by fine on the master or mistress and on the person joining the parties in marriage.[456]

The effect of this law was merely to prevent masters from prostituting white women to an economic purpose. It did not prevent the miscegenation of the two races. McCormac says: "Mingling of the races in Maryland continued during the eighteenth century, in spite of all laws against it. Preventing marriages of white servants with slaves only led to a greater social evil, which caused a reaction of public sentiment against the servant. Masters and society in general were burdened with the care of illegitimate mulatto children, and it became necessary to frame laws compelling the guilty parties to reimburse the masters for the maintenance of these unfortunate waifs."[457] To remedy this laws were passed in 1715 and 1717 to reduce to the status of a servant for seven years any white man or white woman who cohabited with any Negro, free or slave. Their children were made servants for thirty-one years, a black thus concerned was reduced to slavery for life and the maintenance of the bastard children of women servants was made incumbent upon masters. If the father of an illegitimate child could be discovered, he would have to support his offspring. If not this duty fell upon the mother who had to discharge it by servitude or otherwise.[458]

As what had been done to prevent the admixture was not sufficient, the Maryland General Assembly took the following action in 1728:

"Whereas by the act of assembly relating to servants and slaves, there is no provision made for the punishment of free mulatto women, having bastard children by negroes and other slaves, nor is there any provision made in the said act for the punishment of free negro women, having bastard children by white men; and forasmuch as such copulations are as unnatural and inordinate as between white women and negro men, or other slaves.

"Be it enacted, That from and after the end of this present session of assembly, that all such free mulatto women, having bastard children, either within or after the time of their service, (and their issue,) shall be subject to the same penalties that white women and their issue are, for having mulatto bastards, by the act, entitled, An act relating to servants and slaves.

"And be it further enacted, by the authority aforesaid, by and with the advice and consent aforesaid, that from and after the end of this present session of assembly, that all free negro women, having bastard children by white men, (and their issue,) shall be subject to the same penalties that white women are, by the act aforesaid, for having bastards by negro men."[459]

Virginia which faced the same problem did not lag far behind Maryland. In 1630 the Governor and Council in Court ordered Hugh Davis to be soundly whipped before an assembly of Negroes and others for abusing himself to the dishonor of God and shame of a Christian by defiling his body in lying with a Negro, which he was to acknowledge next Sabbath day. In 1662 the colony imposed double fines for fornication with a Negro, but did not restrict intermarriage until 1691.[460] The words of the preamble give the reasons for this action. It says:

"And for the prevention of that abominable mixture and spurious issue which hereafter may increase in this dominion, as well by negroes, mulattoes, and Indians intermarrying with English, or other white women, as by their unlawful accompanying with one another, Be it enacted by the authoritie aforesaid, and it is hereby enacted, That for the time to come, whatsoever English or other white man or woman being free shall intermarry with a negro, mulatto, or Indian man or woman bond or free shall within three months after such marriage be banished and removed from this dominion forever, and that the justices of each respective countie within this dominion make it their perticular care, that this act be put in effectuall execution."

If any free English woman should have a bastard child by any Negro or mulatto, she should pay the sum of fifteen pounds sterling, within one month after such bastard child should be born, to the church wardens of the parish where she should be delivered of such child, and in default of such payment she should be taken into the possession of the said church wardens and disposed of for five years, and such bastard child should be bound out as a servant by the church wardens until he or she should attain the age of thirty years, and in case such English woman that should have such bastard child be a servant, she should be sold by the church wardens (after her time is expired that she ought by law to serve her master) for five years, and the money she should be sold for divided as before appointed, and the child should serve as aforesaid.[461]

It was further provided in 1753 that if any woman servant should have a bastard child by a Negro or mulatto, over and above the year's service due to her master or owner, she should immediately upon the expiration of her time, to her then present master, or owner, pay down to the church wardens of the parish wherein such child should be born for the use of the said parish, fifteen pounds current money of Virginia, or be sold for five years to the use aforesaid; and if a free Christian white woman should have such bastard child by a Negro, or mulatto, for every such offence, she should within one month after her delivery of such bastard child, pay to the church wardens for the time being, of the parish wherein such child should be born, for the use of the said parish, fifteen pounds current money of Virginia, or be by them sold for five years to the use aforesaid; and in both the said cases, the church wardens should bind the said child to be a servant until it should be of thirty-one years of age.

And for a further prevention of that "abominable mixture, and the spurious issue, which may hereafter increase in this his majesty's colony and dominion as well by English, and other white men and women, intermarrying with Negroes or mulattoes, as by their unlawful coition with them" it was enacted that whatsoever English, or other white man or woman, being free, should intermarry with a Negro, or mulatto man or woman bond or free, should by judgment of the county court, be committed to prison and there remain during the space of six months, without bail or main-prize, and should forfeit and pay ten pounds current money of Virginia, to the use of the parish as aforesaid. It was further enacted that no minister of the Church of England, or other minister or person whatsoever, within that colony and dominion, should thereafter presume to marry a white man with a Negro, or mulatto woman, or to marry a white woman with a Negro or mulatto man, upon pain of forfeiting and paying for every such marriage, the sum of ten thousand pounds of tobacco.[462]

It developed later that these laws did not meet all requirements, for there were in subsequent years so many illegitimate children born of such mothers that they became a public charge.[463] Those of Negro blood were bound out by law. According to Russell, "In 1727 it was ordered that David James a free negro boy, be bound to Mr. James Isdel 'who is to teach him to read ye bible distinctly also ye trade of a gunsmith that he carry him to ye Clark's office & take Indenture to that purpose.' "By the Warwick County court it was 'ordered that Malacai, a mulatto boy, son of mulatto Betty be, by the Church Wardens of this Parish bound to Thomas Hobday to learn the art of a planter according to law.' By order of the Norfolk County court, about 1770, a free negro was bound out 'to learn the trade of a tanner.'"[464]

In making more stringent regulations for servants and slaves, North Carolina provided in 1715 that if a white servant woman had a child by a Negro, mulatto or Indian, she must serve her master two years extra and should pay to the Church wardens immediately on the expiration of that time six pounds for the use of the parish or be sold four years for the use aforesaid.[465] A clergyman found guilty of officiating at such a marriage should be fined fifty pounds. This law, according to Bassett, did not succeed in preventing such unions. Two ministers were indicted within two years for performing such a marriage ceremony. "In one case the suit was dropped, in the other case the clergyman went before the Chief Justice and confessed as it seems of his own accord.... In 1727 a white woman was indicted in the General Court because she had left her husband and was cohabiting with a negro slave.... So far as general looseness was concerned this law of 1715 had no force. Brickell, who was a physician, says that white men of the colony suffered a great deal from a malignant kind of venereal disease which they took from the slaves."[466]

By the law of 1741 therefore the colony endeavored to prevent what the General Assembly called "that abominable mixture and spurious issue, which hereafter may increase in this government, by white men and women intermarrying with Indians, Negroes, mustees, or mulattoes." It was enacted that if any man or woman, being free, should intermarry with an Indian, Negro, mustee or mulatto man or woman, or any person of mixed blood, to the third generation, bond or free, he should, by judgment of the county court forfeit and pay the sum of fifty pounds, proclamation money, to the use of the parish.[467] It was also provided that if any white servant woman should during the time of her servitude, be delivered of a child, begotten by any Negro, mulatto or Indian, such servant, over and above the time she was by this act to serve her master or owner for such offence, should be sold by the Church wardens of the parish, for two years, after the time by indenture or otherwise had expired.[468]

The miscegenation of the whites and blacks extended so widely that it became a matter of concern to the colonies farther north where the Negro population was not considerable. Seeking also to prevent this "spurious mixt issue" Massachusetts enacted in 1705 that a Negro or mulatto man committing fornication with an "English woman, or a woman of any other Christian nation," should be sold out of the province." "An English man, or man of any other Christian nation committing fornication with a Negro or mulatto woman," should be whipped, and the woman sold out of the province. None of her Majesty's English or Scottish subjects, nor of any other Christian nation within that province should contract matrimony with any Negro or mulatto, under a penalty imposed on the person joining them in marriage. No master should unreasonably deny marriage to his Negro with one of the same nation; any law, usage or custom to the contrary notwithstanding.[469]

There was much social contact between the white servants and the Negroes in Pennsylvania, where the number of the latter greatly increased during the first quarter of the nineteenth century. Turner says a white servant was indicted for this offence in Sussex County in 1677 and a tract of land there bore the name of "Mulatto Hall."[470] According to the same writer Chester County seemed to have a large number of these cases and laid down the principle that such admixture should be prohibited,

"For that hee," referring to a white man, "Contrary to his Masters Consent hath ... got wth child a certaine molato wooman Called Swart anna." "David Lewis Constable of Haverford Returned a Negro man of his And a white woman for having a Bastard Childe ... the Negroe said she Intised him and promised him to marry him: she being examined, Confest the same: the Court ordered that she shall receive Twenty one lashes on her bare Backe ... and the Court ordered the negroe never more to meddle with any white woman more uppon paine of his life."[471]

Advertising for Richard Molson in Philadelphia in 1720, his master said, "He is in company with a white woman named Mary, who is supposed now goes for his wife"; "and a white man named Garrett Choise, and Jane his wife, which said white people are servants to some neighbors of the said Richard Tilghman."[472] In 1722 a woman was punished for abetting a clandestine marriage between a white woman and a Negro. In the Pennsylvania Gazette, June 1, 1749, appeared the notice of the departure of Isaac Cromwell, a mulatto, who ran away with an English servant woman named Anne Greene.[473]

The Assembly, therefore, upon a petition from inhabitants inveighing against this custom enacted a prohibitory law in 1725. This law provided that no minister, pastor or magistrate or other person whatsover who according to the laws of that province usually joined people in marriage should upon any pretence whatever join in marriage any Negro with any white person on the penalty of one hundred pounds. And it was further enacted that if any white man or woman should cohabit or dwell with any Negro under pretense of being married, such white man or woman should be put out of service as above directed until they come to the age of thirty-one years; and if any free Negro man or woman should intermarry with a white man or woman, such Negro should become a slave during life to be sold by order of the justice of the quarter sessions of the respective county; and if any free Negro man or woman should commit fornication or adultery with any white man or woman, such Negro or Negroes should be sold as a servant for seven years and the white man or woman should be punished as the law directs in cases of adultery or fornication.[474]

This law seemed to have very little effect on the miscegenation of the races in certain parts. In Chester County, according to the records of 1780, mulattoes constituted one fifth of the Negro population.[475] Furthermore, that very year when the State of Pennsylvania had grown sufficiently liberal to provide for gradual emancipation the law against the mingling of the races was repealed. Mixed marriages thereafter became common as the white and the blacks in the light of the American Revolution realized liberty in its full meaning. Thomas Branagan said:

"There are many, very many blacks who ... begin to feel themselves consequential, ... will not be satisfied unless they get white women for wives, and are likewise exceedingly impertinent to white people in low circumstances.... I solemnly swear, I have seen more white women married to, and deluded through the arts of seduction by negroes in one year in Philadelphia, than for eight years I was visiting (West Indies and the Southern States). I know a black man who seduced a young white girl ... who soon after married him, and died with a broken heart. On her death he said that he would not disgrace himself to have a negro wife and acted accordingly, for he soon after married a white woman. ... There are perhaps hundreds of white women thus fascinated by black men in this city, and there are thousands of black children by them at present."[476]

A reaction thereafter set in against this custom during the first decade of the nineteenth century, when fugitives in the rough were rushing to that State, and culminated in an actual campaign against it by 1820. That year a petition from Greene County said that many Negroes had settled in Pennsylvania and had been able to seduce into marriage "the minor children of the white inhabitants."[477] This county, therefore, asked that these marriages be made an offence against the laws of the State. Such a marriage was the cause of a riot in Columbia in 1834 and in 1838 the members of the Constitutional Convention engaged in a heated discussion of the custom.[478] Petitions were frequently sent to the legislature asking that this admixture be penalized by law, but no such action was ever taken. Relying upon public opinion, however, the advocates of racial integrity practically succeeded. Marriages of whites and blacks eventually became so odious that they led to disturbances as in the case of the riot of 1849, one of the causes of which was that a white man was living with a Negro wife.[479] This was almost ineffective, however, in the prevention of race admixture. Clandestine intermingling went on and tended to increase in enormous proportions. The conclusive proof of this is that in 1860 mulattoes constituted one third of the Negro population of Pennsylvania.

Persons who professed seriously to consider the future of slavery, therefore, saw that miscegenation and especially the general connection of white men with their female slaves introduced a mulatto race whose numbers would become dangerous, if the affections of their white parents were permitted to render them free.[480] The Americans of the future would thereby become a race of mixed breeds rather than a white and a black population. As the lust of white persons for those of color was too strong to prevent this miscegenation, the liberty of emancipating their mulatto offspring was restricted in the slave States but that of selling them remained.[481]

These laws eventually, therefore, had their desired effect. They were never intended to prevent the miscegenation of the races but to debase to a still lower status the offspring of the blacks who in spite of public opinion might intermarry with the poor white women and to leave women of color without protection against white men, who might use them for convenience, whereas white women and black men would gradually grow separate and distinct in their social relations. Although thereafter the offspring of blacks and whites did not diminish, instead of being gradually assimilated to the type of the Caucasian they tended to constitute a peculiar class commonly called people of color having a higher social status than that of the blacks but finally classified with all other persons of African blood as Negroes.

While it later became a capital offence in some of the slave States for a Negro man to cohabit with a white woman, Abdy who toured this country from 1833 to 1834 doubted that such laws were enforced. "A man," said he, "was hanged not long ago for this crime at New Orleans. The partner of his guilt—his master's daughter—endeavored to save his life, by avowing that she alone was to blame. She died shortly after his execution."[482] With the white man and the Negro woman the situation was different. A sister of President Madison once said to the Reverend George Bourne, then a Presbyterian minister in Virginia: "We Southern ladies are complimented with the name of wives; but we are only the mistresses of seraglios." The masters of the female slaves, however, were not always the only persons of loose morals. Many women of color were also prostituted to the purposes of young white men[483] and overseers.[484] Goodell reports a well-authenticated account of a respectable Christian lady at the South who kept a handsome mulatto female for the use of her genteel son, as a method of deterring him, as she said, "from indiscriminate and vulgar indulgences."[485] Harriet Martineau discovered a young white man who on visiting a southern lady became insanely enamored of her intelligent quadroon maid. He sought to purchase her but the owner refused to sell the slave because of her unusual worth. The young white man persisted in trying to effect this purchase and finally informed her owner that he could not live without this attractive slave. Thereupon the white lady sold the woman of color to satisfy the lust of her friend.[486]

The accomplishment of this task of reducing the free people of color to the status of the blacks, however, was not easy. In the first place, so many persons of color had risen to positions of usefulness among progressive people and had formed connections with them that an abrupt separation was both inexpedient and undesirable. Exceptions to the hard and fast rules of caste were often made to relieve the people of color. Moreover, the miscegenation of the races in the South and especially in large cities like Charleston and New Orleans had gone to the extent that from these centers eventually went, as they do now, a large number of quadroons and octoroons,[487] who elsewhere crossed over to the other race.

White men ashamed of the planters who abused helpless black women are now trying to minimize the prevalence of this custom. Such an effort, however, means little in the face of the facts that one seventh of the Negroes in the United States had in their veins any amount of Caucasian blood in 1860 and according to the last census more than one fifth of them have this infusion. Furthermore the testimony of travelers in this country during the slavery period support the contention that race admixture was common.[488]

So extensive did it become that the most prominent white men in the country did not escape. Benjamin Franklin seems to have made no secret of his associations with Negro women.[490] Russell connects many of these cases with the master class in Virginia.[491] There are now in Washington Negroes who call themselves the descendants of two Virginians who attained the presidency of the United States.

The abolitionists made positive statements about the mulatto offspring of Thomas Jefferson. Goodell lamented the fact that Jefferson in his will had to entreat the legislature of Virginia to confirm his bequest of freedom to his own reputed enslaved offspring that they might remain in the State of their nativity, where their families and connections were.[492] Writing in 1845, the editor of the Cleveland American expressed regret that notwithstanding all the services and sacrifices of Jefferson in the establishment of the freedom of this country, his own son then living in Ohio was not allowed to vote or bear witness in a court of justice. The editor of the Ohio Star said: "We are not sure whether this is intended as a statement of actual fact, or of what might possibly and naturally enough be true." The Cincinnati Herald inquired: "Is this a fact? If so, it ought to be known. Perhaps 'the Democracy' might be induced to pass a special act in his favor." The Cleveland American, therefore, added: "We are credibly informed that a natural son of Jefferson by the celebrated 'Black Sal,' a person of no little renown in the politics of 1800 and thereafter, is now living in a central county of Ohio. We shall endeavor to get at the truth of the matter and make public the result of our inquiries."[493]

A later report of miscegenation of this kind was recorded by Jane Grey Swisshelm in her Half a Century, where she states that a daughter of President John Tyler "ran away with the man she loved in order that she might be married, but for this they must reach foreign soil. A young lady of the White House could not marry the man of her choice in the United States. The lovers were captured and she was brought to His Excellency, her father, who sold her to a slave-trader. From that Washington slave-pen she was taken to New Orleans by a man who expected to get twenty-five hundred dollars for her on account of her great beauty.[494]

CARTER G. WOODSON

FOOTNOTES:

[442] MacDonald, Trade, Politics and Christianity in Africa and the East, Chapter on inter-racial marriage, p. 239; and THE JOURNAL OF NEGRO HISTORY, pp. 329, 334-344.

[443] Report of First Race Congress, 1911, p. 330; MacDonald, Trade, Politics, and Christianity, p. 235; and Contemporary Review, August, 1911.

[444] Report of First Races Congress, 1911, p. 330.

[445] Johnston, The Negro in the New World, p. 98.

[446] Ibid., p. 78.

[447] Ibid., pp. 98-99.

[448] Authorities consider the Amerindians the most fecund stock in the country, especially when mixed with an effusion of white or black blood. Agassiz, A Journey in Brazil in 1868.

[449] Johnston, The Negro in the New World, p. 135.

[450] Code Noir.

[451] Brackett, The Negro in Maryland, pp. 32-33.

[452] Benjamin Banneker's mother was a white woman who married one of her own slaves. See Tyson, Benjamin Banneker, p. 3.

[453] Archives of Maryland, Proceedings of the General Assembly, 1637-1664, pp. 533-534.

[454] Calhoun, A Social History of the American Family, p. 94.

[455] Harris and McHenry Reports, I, pp. 374, 376; II, pp. 26, 38, 214, 233.

[456] Hurd, Law of Freedom and Bondage, VI, pp. 249-250.

[457] McCormac, White Servitude in Maryland, p. 70.

[458] Act of Assembly, Oct., 1727.

[459] Dorsey, The General Public Statutory Law and Public Local Law of State of Maryland, from 1692-1839, p. 79.

[460] Bullagh, White Servitude in the Colony of Virginia, pp. 72, 73.

[461] Hening, The Statutes at Large, I, pp. 146, 532. II, 170; III, pp. 86-88, 252.

[462] Hening, Statutes at Large, VI, pp. 360-362.

[463] Meade, Old Churches and Families of Virginia, I, p. 366.

[464] Russell, Free Negro in Virginia, pp. 138-139.

[465] Bassett, Slavery and Servitude in North Carolina, p. 83.

[466] Ibid., pp. 58-59. See also Natural History of North Carolina, p. 48; and Hawk's History of North Carolina, II, pp. 126-127.

[467] Potter, Revised Laws of North Carolina, I, p. 130.

[468] Ibid., I, p. 157.

[469] Massachusetts Charters, etc., p. 747; Hurd, Law of Freedom and Bondage, VI, p. 262.

[470] Turner, The Negro in Pennsylvania, pp. 29-30.

[471] Ibid., p. 30.

[472] The American Weekly Mercury (Philadelphia), August 20, 1720.

[473] The Pennsylvania Gazette, June 1, 1749.

[474] Statutes at Large, IV, p. 62.

[475] Turner, The Negro in Pennsylvania, p. 31.

[476] Branagan, Serious Remonstrances, pp. 68, 69, 70, 71, 73, 74, 75, 102; Somerset Whig, March 12, 1818, and Union Times, August 15, 1834.

[477] Journal of Senate, 1820-1821, p. 213; and American Daily Advertiser, January 23, 1821.

[478] Proceedings and Debates of the Convention of 1838, X, p. 230.

[479] The Spirit of the Times, October 10, 11, 12, 13, 17, 19, 1849.

[480] Harriet Martineau, Views of Slavery and Emancipation, p. 10.

[481] Hart, Slavery and Abolition, p. 182; Censuses of the United States.

[482] Abdy, North America, I, p. 160.

[483] Child, Anti-slavery Catechism, p. 17; 2 Howard Mississippi Reports, p. 837.

[484] Kemble, Georgian Plantation, pp. 140, 162, 199, 208-210; Olmstead, Seaboard States, pp. 599-600; Rhodes, United States, I, pp. 341-343.

[485] Goodell, Slave Code, pp. 111-112.

[486] Harriet Martineau, Views of Slavery and Emancipation, p. 13.

[487] Featherstonaugh, Excursion, p. 141; Buckingham, Slave States, I, p. 358.

[488] Writing of conditions in this country prior to the American Revolution, Anne Grant found only two cases of miscegenation in Albany before this period but saw it well established later by the British soldiers. Johann Schoepf—witnessed this situation in Charleston in 1784. J. P. Brissot saw this tendency toward miscegenation as a striking feature of society among the French in the Ohio Valley in 1788. The Duke of Saxe-Weimar-Eisenach was very much impressed with the numerous quadroons and octoroons of New Orleans in 1825 and Charles Gayarre portrayed the same conditions there in 1830. Frederika Bremer frequently met with this class while touring the South in 1850. See Grant, Memoirs of An American Lady, p. 28; Schoepf, Travels in the Confederation, II, p. 382; Brissot, Travels, II, p. 61; Saxe-Weimar, Travels, II, p. 69; Grace King, New Orleans, pp. 346-349; Frederika Bremer, Homes of the New World, I, pp. 325, 326, 382, 385.

[489] The American Journal of Sociology, XXII, p. 98.

[490] Ibid., XXII, p. 98.

[491] See Russell, Free Negro in Virginia, p. 127.

[492] Goodell, Slave Code, p. 376.

[493] The Liberator, December 19, 1845.

[494] Swisshelm, Half a Century, p. 129.



GERRIT SMITH'S EFFORT IN BEHALF OF THE NEGROES IN NEW YORK

During the first half of the nineteenth century, the condition of the free Negroes in the Southern States became more and more critical. The doctrine of the rights of man, which had swept over the world in the latter part of the eighteenth century had had its effect on the colonists and resulted in the manumission of many slaves. These freedmen taking advantage of their economic and educational opportunities became an ever increasing menace to the social institutions that had no foundation except that of slavery. Ambitious, often aggressive, they were a constant source of dissatisfaction because of the unhappy comparison of their lot with that of the slaves. They, moreover, encouraged the slaves to improve their condition and to escape to the North. This situation was rendered still more critical for the reason that the South, considering slavery indispensable to its economic life, was already being lashed into a frenzy to gain new slave territory and to strengthen the institution by every possible method of oppression of the blacks. Measures inimical to the economic progress of freedmen were enacted.[495] Many who had been manumitted were seized and again reduced to slavery. Educational opportunities were restricted or denied. Legally they were without voice and hence could secure no redress when wronged.[496]

This economic poverty, insecurity of personal liberty, and absolutely negative political status, impelled the freedmen to find better conditions in the North. The reaction against plantation life and the glittering attractions of the large city with the prospect of earning money less arduously no doubt account for their influx into the industrial centers.[497] These free blacks migrated in great numbers especially to New York and Philadelphia. The Colonization Society attempted to solve the problem by effecting the colonization of the free Negroes somewhere either within or without the United States. Many friends of the Negroes and even some of the Negroes themselves thought favorably of the idea and a few small colonies were formed in the Western States and in Liberia.[498]

Among the anti-slavery men who at first saw no fault in the aims of the Colonization Society was Gerrit Smith. The son of a slave owner in the State of New York, he was acquainted with slavery in the milder form in which it existed in the North. It was just two years before his birth that the legislature of New York passed its act of emancipation providing that all children after the year 1799 should be free, the males on reaching the age of twenty-eight years and the female twenty-five. His father, Peter Smith, was a slaveholder and the owner of extensive lands in the counties of northern New York; and even before his death the management of these vast properties devolved upon his son.

He soon became deeply interested in the uplift of the slaves and endeavored to improve their condition by gradual emancipation looking forward to colonization. As early as 1834, his diary shows a growing belief in the universal right to liberty. Years ripened this belief and also developed his anti-land-monopolist principles, both of which reached fruition in his act of 1846, by which he gave away thousands of acres of land. He severed his connection with the Colonization Society when that body overtly declared that it was not a society for the abolition of slavery nor for the improvement of the blacks nor for the suppression of the slave trade, and he threw his energy into the work of abolition as fervently, if not as drastically, as Garrison.[499]

Anti-land-monopolist as he was, Gerrit Smith believed that the life of the small free farmer was calculated to develop thrift and self respect in the character of the colored freedmen that he saw crowded in sections of the large cities. For although enjoying greater security of personal liberty, the mass of colored people in New York State had not made much economic progress, even to the extent of possessing property valued at two hundred and fifty dollars, which in that State would have entitled them to the right to vote.[500] He said that he had for years indulged the thought that when he had sold enough land to pay his debts, he would give away the remainder to the poor. He was an Agrarian, who wanted every man desirous to own a farm to have one. He, therefore, felt that it was safe to make a beginning in the work of distributing land to individuals. He had theretofore given tracts of land to public institutions and a few small parcels to individuals, but had not entered upon the larger task of making large donations of land to the poor.

He then planned to transfer three thousand parcels of land of forty to sixty acres each during the following three years. To whom among the poor he should make these deeds, was a question he could not hastily solve. He was sure, however, that, inasmuch as his home and the land were both in the State of New York, it would be very suitable to select his beneficiaries from among the people of that State. But for a long time, he was at a loss to decide, whether to take his beneficiaries generally from the meritorious poor or only from the deserving Negroes. He said, "I could not put a bounty on color. I shrank from the least appearance of doing so, and if I know my heart, it was equally compassionate toward such white and black men as are equal sufferers."[501] In the end, however, he concluded to confine his gifts to Negroes.

He would not have come to this conclusion he said, if the land he had to give away had been several times as much as it was, nor if the Negroes, the poorest of the poor, had not been the most deeply wronged class of the citizens. "That they are so," said he, "is evident, if only from the fact, that the cruel, killing, Heaven-defying prejudice of which they are victims, has closed against them the avenues to riches and respectability—to happiness and usefulness. That they are so, is also evident from the fact, that, whilst white men in this State, however destitute of property, are allowed to vote for Civil Rulers, every colored man in it who does not own landed estate to the value of two-hundred and fifty dollars, is excluded from the exercise of this natural and indispensably protective right."[502] He confessed that he was influenced by the consideration that there was great encouragement to improve the condition of the Negroes, because every amelioration in it contributed to loosen the bands of the enslaved portion of their outraged and afflicted race.

He, therefore, requested Reverend Theodore S. Wright, Reverend Charles B. Ray, and Dr. J. McCune Smith, three representative Negroes of New York City, to make out a list of the Negroes who should receive from him parcels of land. His only restrictions upon them in making this selection were that they should choose no person younger than twenty-one and no person older than sixty; that they accept no person who was in easy circumstances as to property; and no one who was already the owner of land, and no drunkards.[503] He further promised to pay all taxes as well as purchase money and interest due to the State of New York hoping that none of the parcels would be sold for the nonpayment of taxes.[504] The total number of colonists were to be one thousand nine hundred and eighty-five, to be distributed as follows: in the county of Suffolk, 127; Queens, 215; Kings, 197; New York, 861; Richmond, 832; Rockland, 331; Westchester, 115; Dutchess, 150; Sullivan, 5; Ulster, 106; Orange, 136; and Putnam, 10. Although this distribution was suggested the actual grants seem to have been made in the counties of Franklin, Essex, Hamilton, Fulton, Oneida, Delaware, Madison and Ulster.

On September 9, 1846, he wrote again to three gentlemen of color, saying that a thousand of the deeds were already in the hands of the committee for distribution. He had saved them the expense of securing the certificate of the County Clerk by having the acknowledgment of the execution taken by a Supreme Court judge. The only expense left for the beneficiaries to bear was the recording of the deed. The letter closed with a request that the three gentlemen prepare and send out a circular among the persons receiving the deeds, making known to them the conditions and reasons which actuated him in bestowing the land. This was done and the recipients were exhorted to profit by the chance to become land owners and thereby secure their right to vote.

These lands, as Smith realized and admitted, were not all arable but many of them had considerable timber. Such property today would be considered valuable, but in those days of plentitude it passed as undesirable. Some of his enemies accused him of making for himself a reputation for generosity by giving away useless land. There is no evidence, however, that such accusations were made by the Negroes.[505] But be that as it may, the experiment was a failure. It was not successful because of the intractability of the land, the harshness of the climate, and in a great measure, the inefficiency of the settlers. They had none of the qualities of farmers. Furthermore, having been disabled by infirmities and vices they could not as beneficiaries answer the call of the benefactor. Peterboro, the town opened to Negroes in this section did maintain a school and served as a station of the underground railroad but the agricultural results expected of the enterprise never materialized.[506] The main trouble in this case was the impossibility of substituting something foreign for individual enterprise.

The failure of the enterprise did not cause this philanthropist to cease his activities in behalf of freedom and justice to the Negroes. He continued a staunch abolitionist, demanding unconditional emancipation of the slaves and leaving undone nothing which might effect this change. He was once intimately associated with John Brown, who at one time left his home and purchased from Smith a farm in the Negro colony in order to live with the blacks and help them to improve their economic condition. Smith lived until 1874, long enough to see the Negroes freed and many of them making elsewhere that economic progress which was the dream of his earlier years.

ZITA DYSON

FOOTNOTES:

[495] See the session laws of the State Legislatures, and Woodson's Education of the Negro Prior to 1861, pp. 151-178.

[496] Goodell, Slave Code, and Hurd, The Law of Freedom and Bondage, II, pp. 1-218.

[497] Woodson, A Century of Negro Migration, Chapter II.

[498] The JOURNAL OF NEGRO HISTORY, I, p. 276; II, p. 209.

[499] Frothingham, Gerrit Smith, pp. 94-143.

[500] Hurd, Law of Freedom and Bondage, II, p. 56.

[501] Frothingham, Gerrit Smith, p. 103.

[502] Frothingham, Gerrit Smith, 104.

[503] Letter of Gerrit Smith to Theodore S. Wright, Charles B. Ray, and J. McCune Smith.

[504] Ibid.

[505] Special Report of the U. S. Commissioner of Education on the Schools of the District of Columbia, 1871, p. 367; The African Repository, X. p. 312.

[506] Frothingham, Gerrit Smith, p. 73.



THE BUXTON SETTLEMENT IN CANADA

The Buxton, or Elgin Association Settlement, in Kent county, western Ontario, was in many respects the most important attempt made before the Civil War to found a Negro refugee colony in Canada. In population, material wealth and general organization it was outstanding, and the firm foundation upon which it was established is shown by the fact that today, more than half a century after emancipation, it is still a prosperous and distinctly Negro settlement.

The western peninsula of Ontario, lying between Lakes Huron and Erie, was long the Mecca of the fugitive slave. Bounded on the east by the State of New York, on the west by Michigan, and on the south by Ohio and northwestern Pennsylvania, this was the part of Canada most easily reached by the fugitive; and Niagara, Cleveland, Detroit and other lake ports saw thousands of refugees cross narrow strips of water to "shake the lion's paw" and find freedom in the British queen's dominions. During the forties and fifties there was a constant stream of refugees into Canada. As many as thirty in a day would cross the Detroit River at Fort Malden alone. Many of these went to the cities and towns, but others found greater happiness in the separate Negro communities which grew up here and there.

The history of the Buxton settlement, one of these, is closely linked with the name of Rev. William King. King was a native of Londonderry, Ireland, a graduate of Glasgow College, who had emigrated to the United States and become rector of a college in Louisiana. Later he returned to Scotland, studied theology in the Free Church College, Edinburgh, and in 1846 was sent out to Canada as a missionary of the Free Church of Scotland. While he was living in Louisiana he became, through marriage, the owner of fifteen slaves of an estimated value of $9,000. For a time he placed them on a neighboring plantation and gave them the proceeds of their labor but that did not satisfy his conscience and in 1848 he brought them to Canada, thereby automatically giving them their freedom. His effort on their behalf did not end here. Having brought them to this new country, he felt it a duty to look after them, to educate and make of them useful citizens. The same thing, he believed, could be done for others in like circumstance.

The first effort to secure a tract of land for the refugees was made by the Rev. Mr. King as the representative of the Presbyterian Church. This application was before the Executive Council of the Canadian Government in September, 1848, but was not successful. Steps were at once taken to organize a non-sectarian body to deal with the government and this new body took the name of the Elgin Association in honor of the then governor-general of the Canadas who seems to have been well disposed toward the refugees. The Elgin Association was legally incorporated "for the settlement and moral improvement of the colored population of Canada, for the purpose of purchasing crown or clergy reserve lands in the township of Raleigh and settling the same with colored families resident in Canada of approved moral character."[507] Rev. Dr. Connor was the first president; Rev. Dr. Willis, of Knox College, Toronto, first vice-president, and Rev. William King, second vice-president. J. T. Matthews was the secretary, J. S. Howard, treasurer, while the original directors were E. A. T. McCord, Walter McFarland, Peter Freland, Charles Bercsy, W. R. Abbott, John Laidlaw, E. F. Whittesend and James Brown. These are the names that appear upon the petition to the government for lands, the original of which is in the Dominion Archives.

There were difficulties in securing the land. Decided opposition to the whole project made itself manifest in Kent county.[508] In Chatham, the county town, a meeting of protest was held. The plans of the Elgin Association were condemned and a resolution was passed setting forth objections to selling any of the public domain "to foreigners, the more so when such persons belong to a different branch of the human family and are black." A vigilance committee was appointed to watch the operations of the Elgin Association while the various township councils interested were requested to advance the necessary funds for carrying on the campaign. That there was some dissent, however, even in Chatham is shown by the fact that one Henry Gouins was allowed to speak in favor of the Association. The vigilance committee soon issued a small pamphlet, made up chiefly of the speeches and resolutions of the public meeting. The name of Edwin Larwill, member of Parliament for the county of Kent, appears as one of those most active in opposition to the settlement plan. Larwill had a record for hostility to the colored people though at election times he was accustomed to parade as their friend. In 1856 he introduced in the House of Assembly a most insulting resolution[509] calling for a report from the government on "all negro or colored, male or female quadroon, mulatto, samboes, half breeds or mules, mongrels or conglomerates" in public institutions. Larwill was at once called to account for his action and a resolution was introduced calling upon him to retract.

The opposition of Larwill and his supporters failed to impede the progress of the Association and a tract of about 9000 acres, lying to the south of Chatham and within a mile or two of Lake Erie, was purchased. This was surveyed and divided into small farms of fifty acres each, roads were cut through the dense forest and the first settlers began the arduous work of clearing. The colonists were allowed to take up fifty acres each at a price of $2.50 per acre, payable in ten annual instalments.[510] Each settler was bound within a certain period to build a house at least as good as the model house set up by the Association, to provide himself with necessary implements and to proceed with the work of clearing land. The model house after which nearly all the dwellings were copied was 18 by 24 feet, 12 feet in height and with a stoop running the length of the front. Some of the settlers were ambitious enough to build larger and better houses but there were none inferior to the model. The tract of country upon which the settlers were located was an almost unbroken forest. The ground was level, heavily timbered with oak, hickory, beech, elm, etc. Part of the soil was a deep rich black loam. Trees two to four feet in diameter were common and the roads cut through to open up settlement were hardly more than wide lanes. Rev. Mr. King thought that one reason for the colony's success was the fact that so many of the settlers were good axe men. Their industry was remarkable and some of the more industrious paid for their land in five or six years and took up more to clear.[511]

There are several contemporary references to the sobriety and morality of the colonists. The New York Tribune correspondent in 1857 was able to report that liquor was neither made nor sold in the colony and that drunkenness was unknown. There was no illegitimacy and there had been but one arrest for violation of the Canadian laws in the seven years of the colony's history. Though the Presbyterian church gave special attention to the Buxton colony this did not hinder the growth of other sects, Methodists and Baptists both being numerous, though the best of feeling seems to have prevailed and many who retained their own connection were fairly regular attendants at Mr. King's services.

The Tribune article gives an interesting description of the homes. The cabins, though rough and rude, were covered with vines and creepers with bright flowers and vegetable gardens round about. Despite the pioneer conditions there abounded comfort and plenty of plain homemade furniture. Pork, potatoes and green corn were staple items of the menu. Of King's former slaves the Tribune reports that three had died, nine were at Buxton, one was married and living in Chatham and two others in Detroit were about to return. The Tribune reports on one case as typical of what was being achieved by the colony. A colored man, fourteen years before a slave in Missouri and who had been at Buxton six years, reported that he had 24 acres out of his plot cleared, fenced and under cultivation. On six acres more the trees were felled. He had paid four installments on his farm, owned a yoke of oxen, a wagon and a mare and two colts. His fourteen-year-old boy was at school and was reading Virgil. In the home, besides bed and bedding, chairs and tables, there was a rocking chair and a large, new safe. Water was brought to the visitor in a clean tumbler, set upon a plate. A neighboring cabin had carpet on the floor and some crude prints on the walls. All the cabins had large brick fireplaces. Rev. Mr. King's own house, built of logs with high steep roof, dormer windows and a porch the whole length, was somewhat larger than the others.[512]

What these people actually accomplished at Buxton amid conditions so different from what they had known in the past is altogether remarkable. Some had known little of farm work before coming to the colony while all of them must have found the Canadian climate something of a hardship even in the summer. Outside of the farm work they showed ability as mechanics and tradesmen. One who visited them in the fifties says:[513]

"The best country tavern in Kent is kept by Mr. West, at Buxton. Mr. T. Stringer is one of the most enterprising tradesmen in the county, and he is a Buxtonian, a colored man. I broke my carriage near there. The woodwork, as well as the iron, was broken. I never had better repairing done to either the woodwork or the ironwork of my carriage, I never had better shoeing than was done to my horses, in Buxton, in Feb., 1852, by a black man, a native of Kentucky—in a word, the work was done after the pattern of Charles Peyton Lucas. They are blessed with able mechanics, good farmers, enterprising men, and women worthy of them and they are training the rising generation to principles such as will give them the best places in the esteem and the service of their countrymen at some day not far distant."

A few years sufficed to remove most of the prejudice that had shown itself in the opposition of the Larwill faction at Chatham at the inception of the colony. When Rev. S. R. Ward visited the colony in the early fifties he found that instead of lowering land values of adjoining property as some had predicted would result from establishing a Negro colony in Kent county, the Buxton settlement had actually raised the value of adjoining farms. The Buxton settlers were spoken of by the white people as good farmers, good customers and good neighbors. There were white children attending the Buxton school and white people in their Sunday church services.

Perhaps no finer testimony to the success of the whole undertaking is recorded than that of Dr. Samuel R. Howe who came to Canada for the Freedmen's Inquiry Committee.

"Buxton is certainly a very interesting place," he wrote. "Sixteen years ago it was a wilderness. Now, good highways are laid out in all directions through the forest, and by their side, standing back 33 feet from the road, are about 200 cottages, all built in the same pattern, all looking neat and comfortable; around each one is a cleared place of several acres which is well cultivated. The fences are in good order, the barns seem well filled, and cattle and horses, and pigs and poultry, abound. There are signs of industry and thrift and comfort everywhere; signs of intemperance, of idleness, of want nowhere. There is no tavern and no groggery; but there is a chapel and a schoolhouse. Most interesting of all are the inhabitants. Twenty years ago most of them were slaves, who owned nothing, not even their children. Now they own themselves; they own their houses and farms; and they have their wives and children about them. They are enfranchised citizens of a government which protects their rights.... The present condition of all these colonists as compared with their former one is remarkable.... This settlement is a perfect success. Here are men who were bred in slavery, who came here and purchased land at the government price, cleared it, bought their own implements, built their own houses after a model and have supported themselves in all material circumstances and now support their schools in part.... I consider that this settlement has done as well as a white settlement would have done under the same circumstances."[514]

The Buxton settlement had its part in the John Brown affair. A letter written by John Brown, Jr., from Sandusky, Ohio, August 27, 1859, and addressed to "Friend Henrie," (Kagi), speaks of men in Hamilton, Chatham, Buxton, etc., suitable for the enterprise.

"At Dr. W's house (presumably in Hamilton) we formed an association," he says, "the officers consisting of chairman, treasurer and corresponding secretary, the business of which is to hunt up good workmen and raise the means among themselves to send them forward.... No minutes of the organization nor any of its proceedings are or will be preserved in writing. I formed similar associations in Chat—and also at B-x-t-n."

John Brown, Jr., also speaks of going to Buxton where he found "the man, the leading spirit in that affair."

"On Thursday night last" said he, "I went with him on foot 12 miles; much of the way through mere paths and sought out in the bush some of the choicest. Had a meeting after ten o'clock at night in his house. His wife is a heroine and he will be on hand as soon as his family can be provided for."[515]

Such is the earlier history of the experiment in Canada of taking bondmen and placing before them the opportunity not alone to make a living in freedom but also to rise in the social scale. How well these people took advantage of their opportunity is shown not only by the material progress they made but by the fact that they gained for themselves the respect of their white neighbors, a respect that continues today for their many descendants who still comprise the Buxton community in Kent county, Ontario.

FRED LANDON

PUBLIC LIBRARIAN, LONDON, CANADA, AND LECTURER IN AMERICAN HISTORY IN WESTERN UNIVERSITY, LONDON.

FOOTNOTES:

[507] Drew, A North-Side View of Slavery, 1856, p. 292.

[508] Documents in Canadian Archives Department.

[509] Toronto Weekly Globe, January 1, 1858.

[510] Drew, A North-Side View of Slavery, 1856, pp. 292-293.

[511] The slaves who had been freed by Mr. King formed the nucleus of the colony but others came as soon as the land was thrown open. The advances made by this colony during the first years of its existence were remarkable. The third annual report for the year 1852, showed a population of 75 families or 400 inhabitants, with 350 acres of land cleared and 204 acres under cultivation. A year later, the fourth annual report showed 130 families or 520 persons, with 500 acres of land cleared and 135 partially cleared, 415 acres being under cultivation in 1853. The live stock was given as 128 cattle, 15 horses, 30 sheep and 250 hogs. The day school had 112 children enrolled and the Sabbath School 80.

The fifth report, for the year 1854, showed 150 families in the colony or immediately adjoining it, 726 acres of land cleared, 174 acres partially cleared and 577 acres under cultivation. In the year there had been an increase of cleared land amounting to 226 acres and of land under cultivation of 162 acres. The livestock consisted of 150 cattle and oxen, 38 horses, 25 sheep and 700 hogs. The day school had 147 on the roll and the Sabbath School 120. A second day school was opened that year.

The sixth annual report (1855) shows 827 acres of land cleared and fenced and 216 acres chopped and to go under cultivation in 1856. There were 810 acres cultivated that year while the live stock consisted of 190 cattle and oxen, 40 horses, 38 sheep and 600 hogs. The day school had an enrollment of 150. Among the advances of this year was the erection of a saw and grist mill which supplied the colony with lumber and with flour and feed. The building of the saw mill meant added prosperity, for an estimate made in 1854 placed the value of the standing timber at $127,000.

A representative of the New York Tribune visited the colony in 1857 and his description of what he saw was reprinted in the Toronto Globe of November 20, 1857. The colony was then seven years old and had a population of about 200 families or 800 souls. More than 1,000 acres had been completely cleared while on 200 acres more the trees had been felled and the land would be put under cultivation the next spring. The acreage under cultivation in the season of 1857 he gives as follows: corn, 354 acres; wheat, 200 acres; oats, 70 acres; potatoes, 80 acres; other crops, 120 acres. The live stock consisted of 200 cows, 80 oxen, 300 hogs, 52 horses and a small number of sheep. The industries included a steam sawmill, a brickyard, pearl ash factory, blacksmith, carpenter and shoe shops as well as a good general store. There were two schools, one male and one female. The latter, which had been open only about a year, taught plain sewing and other domestic subjects. The two schools had a combined enrollment of 140 with average attendance of 58. It was being proposed to require a small payment in order to make the schools self-supporting. The Sabbath school had an enrollment of 112 and an average attendance of 52.—Drew, A North-Side View of Slavery, pp. 293-297.

[512] The New York Tribune.

[513] Ward, Autobiography of a Fugitive Negro, 1855, p. 214.

[514] Howe, Refugees from Slavery in Canada West, 1864, pp. 70-71.

[515] Toronto Weekly Globe, November 4, 1859.



FIFTY YEARS OF HOWARD UNIVERSITY[516]

PART II

The crisis in the financial affairs of the University, already mentioned, was the natural result of over confidence in the readiness of philanthropists to rally to the aid of a needy cause. This disappointment, however, was a valuable experience, for it became clear that philanthropists were not inclined to grant very generous aid to an institution established under the patronage of the Federal Government, especially in the face of the frequent and insistent appeals from less fortunate institutions serving the same people. It was an incorrect assumption, however, that the United States Treasury was paying the current expenses, for it must be remembered that no part of the original grants of the Freedmen's Bureau was or could be invested as permanent endowment or used for salaries, equipment or maintenance; and that during the first decade of the existence of the University no public funds were appropriated for these purposes. In spite of this, its reputation as a ward of the United States Government was, to its great disadvantage, accepted by philanthropists as justified.

When, in 1873, the Freedmen's Bureau was abolished, General Howard resigned from the presidency of the University to enter the army. Not desiring to accept his resignation immediately, however, the trustees granted him an indefinite leave of absence.[517] At the same meeting it was decided to revive the office of Vice-President, which had been discontinued and John M. Langston, then Dean of the Howard Law School, was elected to that position. "It had been hoped," says one, "that the experiment of placing an able colored man in this high position would stimulate his own race and the minds of white philanthropists to sustain the institution in its perilous struggles." But the lack of funds continued. Convinced that a permanent president must be at once secured, Mr. Langston resigned the vice-presidency in 1875.

An unfortunate combination of conditions that might well baffle the ablest administrators then obtained. The outlook was so gloomy that it was difficult to find a person both capable and willing to succeed to the position left vacant. Upon Mr. Langston's resignation, Reverend George Whipple, Secretary of the American Missionary Association was elected president but after due consideration declined the honor. On December 16, 1875, Edward P. Smith, a trustee of the University and a member of the Executive Committee, was elected. After serving a few weeks he departed on an expedition for the American Missionary Association to the west coast of Africa where he died, June 15, 1875. Meanwhile Senator Pomeroy acted as chairman of the board of trustees and Professor Frederick W. Fairfield served efficiently as acting president, having supervision over matters purely educational. This was the period of the most rigid retrenchment in expenses.

But Howard was to find a way out of this difficulty and move onward. The second epoch in the history of the University began when, on April 25, 1876, the Reverend Doctor William W. Patton was elected president. His administration, lasting over a term of twelve years, was a period of recovery and consolidation, and an era of good feeling. Dr. Patton came to his task equipped with just the qualities needed at that time. He possessed intense sympathy for the ideals for which the University stands; sufficient business ability to keep its finances safe; and a personality that inspired respect, confidence and love.

Carefully administering the affairs of the institution, Dr. Patton was able to restore confidence in the minds of the public and of Congress. This accomplished, he was justified in arguing for federal aid on the ground that through this means alone was it possible to make the best use of the large and expensive plant which the Government had already provided. The result was that for the year beginning July 1, 1879, Congress appropriated $10,000 toward current expenses. Since that date appropriations have been regularly made and have so increased that the institution now receives from the United States Government an annual allowance of over $100,000.

It was during the administration of Dr. Patton that Howard University rounded out its organization and developed as a university. Previously, however, the various departments particularly had made interesting history. An active faculty was organized in the Medical School, June 17, 1867, and the first session opened in November, 1868, in the same rented building already referred to as housing the first academic classes of the University.[518] Here lectures were given in the evening to a class of eight students. The permanent Medical Building was then in the course of erection. Under an able faculty and with excellent facilities it is not surprising that the Medical School has been able to maintain a very high standard of efficiency and that it now meets fully the requirements of the Association of American Medical Colleges.