[35] The Richmond Enquirer, Jan. 11, 1839.

[36] Ibid., Jan. 11, 1839.

[37] Ibid., Jan. 19, 1832.

[38] Ibid., Jan. 24, 1832.

[39] The Richmond Enquirer, Jan. 25, 1832.

[40] Ibid., Jan. 26, 1832.

[41] The Richmond Enquirer, Jan. 27, 1832.

[42] Ibid., Nov. 18, 1831.

[43] The Journal of the House of Delegates, 1831, p. 10.

[44] Ibid., p. 112.

[45] Ibid., 1831, p. 125.

[46] Ibid., 1831, p. 131.

[47] The Richmond Enquirer, Jan. and Feb., 1832.

[48] The Journal of the House of Delegates, 1831, Appendix, Bill No. 7.

[49] Ibid., Bill No. 13.

[50] Hurd, Law of Freedom and Bondage, II, 9.

[51] The Laws of Maryland, 1831-32, c. 281.

[52] Ibid., c. 328.

[53] See Article IV, Sec. 1.

[54] Revised Code of Maryland, Chap. 52 and 237.7

[55] The Laws of Tenn., 1831, Chaps. 102 and 103.

[56] Cobb's Digest of the Laws of Georgia, 1005.

[57] Revised Statutes of North Carolina, c. 109 and 111.

[58] Hurd, Law of Freedom and Bondage, II, 146.

[59] Ibid., II, 162.

[60] Laws of Louisiana, 1830, p. 90, Sec. 1.

[61] Annual Laws of Alabama, 1832, p. 12.



DOCUMENTS

The publication of the list of names of Negroes who served in some of the Reconstruction conventions and legislatures elicited a number of comments which furnish desirable information. It is earnestly hoped that any one in a position to supply other missing information will follow the example of our friends whose correspondence we give below.

February 24th, 1920.

MR. CARTER G. WOODSON, 1216 You St., N.W., Washington, D.C.

Sir:

In the Journal of Negro History for Jan., 1920, in giving the names of Negroes who were members of the reconstruction convention to frame a constitution for North Carolina in 1867-68, you omit Cumberland county. Permit me to say that the late Bishop James W. Hood represented that county and played a most prominent part and afterward became Ass't Superintendent of Public Instruction of the State. I was a boy at the time but I remember it. That you may know that I am not an adventurer, I enclose you a sketch of myself which was prepared by request for other purposes and show that I speak somewhat from authority. You will kindly return the same. At the same time you are at liberty to use any part of it that may suit your purpose should you so desire.

With very great respect, I am

Respectfully, (Signed) GEO. C. SCURLOCK

The sketch of this participant in the Reconstruction follows:

Mr. George C. Scurlock, from the year 1874 was a prominent figure in the Republican party in North Carolina. In the year above stated, when he had barely reached his majority, he was nominated for member of the Board of Education, at a time when all the schools, white and colored, were under the same board. His opponent was one of the most prominent Democrats in the city and a majority of the electorate was white. So popular was Mr. Scurlock that he defeated his Democratic opponent at the polls by a handsome majority and served out his term to the satisfaction of his constituents.

In 1876 he was a delegate to the State Convention that nominated the late Judge Settle for Governor and canvassed the State for him. He was again a delegate to the State Convention in each succeeding four years up to and including the year 1896. In the latter year he headed the delegation. In the campaign of that year, at the request of the State Executive Committee, he canvassed 21 counties in the State for McKinley and Hobart, all of which were carried for the Republican ticket. So pleased was the Committee with the canvass he was making, he was highly commended in letters from the Chairman while still canvassing.

In 1890 he was urged by leading Republicans of his district, including such men as ex-Governor Brogden, to become the Republican candidate for Congress. Long before the convention convened it was evident that he was the strongest man in the field. When the convention met and was organized, ex-Governor Brogden took the platform and in a ringing speech paying a high tribute to the subject of this sketch, placed him in nomination. Before the end of the roll call of counties his nomination was made unanimous. In his canvass for election he had the hearty support of the State organization and many of the leading colored and white Republicans in and without his district and State. In 1892 he was unanimously chosen as a delegate to the Republican National Convention, which met in Minneapolis.

As far back as 1883 he was appointed a clerk in one of the Departments at Washington by Secretary Teller. He held this position until under a Democratic administration he was for partisan reasons asked to resign. President Harrison, recognizing his ability, appointed him Postmaster of his city, Fayetteville.

For more than 20 years he was a leader in the party and so recognized by the late Judge Buxton and such men as the late ex-Congressman O. H. Dockery, and Judges Boyd and Pritchard, now on the bench. Outside his State his ability as an organizer and canvasser was recognized by Hon. J.S. Clarkson and the late William E. Chandler and M.S. Quay.

In a letter of April 8, 1919, Bishop N.H. Heard says:

I was born and raised in Elbert County, Georgia (born a slave), June 25th, 1850. I taught school in '69, 70, '71, and '72. Was a candidate for the Legislature of Georgia in 1872. Attorney General Amos J. Ackerman, of Grant's Cabinet, was in the convention that nominated me, and he canvassed and voted for me. In 1873 I went to Abbeville County, S.C., and taught '73, '74, and '75. Was Deputy U.S. Marshall in 1876 and elected to the South Carolina Legislature.

Mr. M.N. Work has discovered the following:

In the ten years 1876-1886, Negroes were elected to the South Carolina Legislature as Democrats. The Columbia (South Carolina) State in its issue of December 24, 1918, advised that an effort be made to have Negroes enroll in Democratic precinct clubs and participate in the primaries of the State along with white men. As a precedent for this, it was pointed out that: "In 1876 when the Democrats redeemed the State from misrule, they appealed to the Negroes to join their party, and a minority of Negroes, more numerous, perhaps than is generally supposed, wore the 'red shirt.' Many of them did valuable service in behalf of respectable government. During the ten years following that time, until the primary election took the place of the convention system in all but two or three of the counties, the Democratic Negroes were given political recognition. From Barnwell, Colleton, Orangeburg, and Charleston Negro Democrats were elected to the legislature and in a number of counties other Negroes were elected to such offices as coroner and county commissioner.

"With the extension of the primary system a racial line came to be drawn in the Democratic organization and it was made very nearly impossible for a Negro to participate in it. An exception in the party law provided that Negroes who voted for General Hampton in 1876 and who continued to vote the Democratic ticket in succeeding years be allowed to vote in the primaries, but the rules applying to these cases were in a form so rigid that they reduced the Negro Democratic vote."[1]

FOOTNOTES:

[1] Columbia State, December 24, 1918.

A SUMMARY OF NEGRO MEMBERS OF SOME RECONSTRUCTION LEGISLATURES

[Transcriber's Note: The following two tables were published as one large, wide table. They have been split into two tables, with the first column repeated, for clearer presentation in this e-book.]

======================================================= 1868-69 1870-71 1871-72 Whites Negroes Whites Negroes Whites Negroes - - - -+ Alabama Senate 32 1 29 4 29 4 House 74 26 73 27 86 14 Arkansas Senate 23 1 22 2 .. .. House 73 7 71 9 .. .. Georgia Senate 41 3 42 2 .. .. House 145 30 149 26 .. .. Mississippi Senate .. .. 29 4 .. .. House .. .. 77 30 76 39 N. Carolina Senate 47 3 47 9 45 5 House 102 18 101 1 108 12 S. Carolina Senate 24 9 22 11 .. .. House 48 76 49 75 .. .. Texas Senate .. .. 28 2 .. .. House .. .. 82 8 .. .. Virginia Senate .. .. .. .. .. House 119 18 116 21 .. .. -+ - - -

======================================================= 1873-74 1874-75 1876 Whites Negroes Whites Negroes Whites Negroes - - - -+ Alabama Senate 29 4 27 6 27 6 House 73 27 71 29 77 23 Arkansas Senate 22 2 .. .. .. .. House 71 9 .. .. .. .. Georgia Senate .. .. .. .. .. House .. .. .. .. .. Mississippi Senate 28 9 .. .. 32 5 House 60 55 .. .. 100 16 N. Carolina Senate 46 4 46 4 .. House 107 13 107 13 113 7 S. Carolina Senate .. .. .. .. .. House .. .. .. .. 70 54 Texas Senate .. .. .. .. .. House .. .. .. .. .. Virginia Senate 37 3 37 3 37 3 House 115 17 112 17 112 13 -+ - - -

There were Negro members of the North Carolina legislature to 1899 and of the Virginia legislature to 1891 as follows:

North Carolina Virginia Senators Representatives Senator Representatives 1879 2 6 1876-77 3 12 1881 1 4 1877-78 3 4 1883 3 5 1878-79 3 4 1885 2 2 1883-84 3 8 1887 3 3 1884-85 1 7 1889 2 1885-86 1 1 1891 1 1886-87 1 1 1893 1 1887-88 1 7 1895 1 1888-89 1 7 1897 1 1889-90 1 4 1899 1 1 1890-91 1 3



SPEECH OF WILLIAM H. GRAY BEFORE THE ARKANSAS CONSTITUTIONAL CONVENTION, 1868[1]

William H. Gray, a Negro, and delegate to the convention from Phillips County, rose and spoke as follows:

"It appears to me, the gentleman has read the history of his country to little purpose. When the Constitution was framed, in every State but South Carolina free Negroes were allowed to vote. Under British rule this class was free, and he interpreted that 'we the people' in the preamble of the Constitution, meant all the people of every color. The mistake of that period was that these free Negroes were not represented in propria persona in that constitutional convention, but by the Anglo-Saxon. Congress is now correcting that mistake. The right of franchise is due the Negroes bought by the blood of forty thousand of their race shed in three wars. The troubles now on the country are the result of the bad exercise of the elective franchise by unintelligent whites, the 'poor whites' of the South. I could duplicate every Negro who cannot read and write, whose name is on the list of registered voters, with a white man equally ignorant. The gentleman can claim to be a friend of the Negro, but I do not desire to be looked upon in the light of a client. The Government has made a solemn covenant with the Negro to vest him with the right of franchise if he would throw his weight in the balance in favor of the Union and bare his breast to the storm of bullets; and I am convinced that it would not go back on itself. There are thirty-two million whites to four million blacks in the country, and there need be no fear of Negro domination. The State laws do not protect the Negro in his rights, as they forbade their entrance into the State. (Action of loyal convention of '64). I am not willing to trust the rights of my people with the white men, as they have not preserved those of their own race, in neglecting to provide them with the means of education. The Declaration of Independence declared all men born free and equal, and I demand the enforcement of that guarantee made to my forefathers, to every one of each race, who had fought for it. The constitution which this ordinance would reenact it not satisfactory, as it is blurred all over with the word 'white.' Under it one hundred and eleven thousand beings who live in the State have no rights which white men are bound to respect. My people might be ignorant, but I believe, with Jefferson, that ignorance is no measure of a man's rights. Slavery has been abolished, but it left my people in a condition of peonage or caste worse than slavery, which had its humane masters. White people should look to their own ancestry; they should recollect that women were disposed of on the James River, in the early settlement of the country, as wives, at the price of two hundred pounds of tobacco. When we have had eight hundred years as the whites to enlighten ourselves, it will be time enough to pronounce them incapable of civilization and enlightenment. The last election showed that they were intelligent enough to vote in a solid mass with the party that would give them their rights, and that too in face of the influence of the intelligence and wealth of the State, and in face of threats to take the bread from their very mouths. I have no antipathy toward the whites; I would drop the curtain of oblivion on the sod which contains the bones of my oppressed and wronged ancestors for two hundred and fifty years. Give us the franchise, and if we do not exercise it properly, you have the numbers to take it away from us. It would be impossible for the Negro to get justice in a State whereof he was not a full citizen. The prejudice of the entire court would be against him. I do not expect the Negro to take possession of the government; I want the franchise given him as an incentive to work to educate his children. I do not desire to discuss the question of the inferiority of races. Unpleasant truths must then be told; history tells us of your white ancestors who lived on the acorns which dropped from the oaks of Didona, and then worshipped the tree as a God. I call upon all men who would see justice done, to meet this question fairly, and fear not to record their votes."

In the session of January 29th, he said:

"Negroes vote in Ohio and Massachusetts, and in the latter State are elected to high office by rich men. He had found more prejudice against his race among the Yankees; and if they did him a kind act, they did not seem to do it with the generous spirit of Southern men. He could get nearer the latter; he had been raised with them. He was the sorrier on this account that they had refused him the rights which would make him a man, as the former were willing to do. He wanted this a white man's government, and wanted them to do the legislating as they had the intelligence and wealth; but he wanted the power to protect himself against unfriendly legislation. Justice should be like the Egyptian statue, blind and recognizing no color."

Concerning intermarriage between whites and Negroes, Mr. Bradley, a delegate to the convention, having offered to insert in the constitution, a clause "forbidding matrimony between a white person and a person of African descent," on which point nearly all of the members spoke pro and con in that and the following days, Mr. Gray said:

"It was seldom such outrages were committed at the North, where there are no constitutional provisions of the kind proposed. He saw no necessity of inserting any in the present constitution. As for his people, their condition now would not permit any such marriages. If it was proposed to insert a provision of the kind, he would move to amend by making it an offence punishable with death for a white man to cohabit with a Negro woman." At another time he observed on the same subject, that "there was no danger of intermarriage, as the greatest minds had pronounced it abhorrent to nature. The provision would not cover the case, as the laws must subsequently define who is a Negro; and he referred to the law of North Carolina, declaring persons Negroes who have only one-sixteenth of Negro blood. White men had created the difficulty, and it would not be impossible to draw the line which the gentleman desired established."

FOOTNOTES:

[1] Annual Cyclopedia, 1868, pp. 34-35.

Mr. Monroe N. Work, who compiled the records of the Negro in politics during the Reconstruction period, has received the following interesting letters containing some valuable facts:

1425 MCCULLOH ST., BALTIMORE, MD., Feb. 9, 1920.

My dear Mr. Work:

Referring to the "Journal of Negro History" for Jan., 1920, in the letter of the State Librarian of Virginia, page 119, occur these words: "For the 1881-2 session the almanac has no list of members."

It so happens that the writer was present, and was an employee of that particular session of the Virginia Legislature, and therefore takes pleasure in supplying the necessary information.

The speaker of the House of Representatives was the Hon. I.C. Fowler, and the President protem (the Lieutenant Governor, John F. Lewis, being President) of the Senate was the Hon. H.C. Wood. The Governor of the State at that time was the Hon. William E. Cameron, from my home town, Petersburg. It was quite a memorable session, and I could almost write a book, with respect to matters as they pertained to the Negro. The Hon. William Mahone was United States Senator, and although a boy, I was much trusted by Senator Mahone; and in many important conferences held in the old "Whig" building, I was quite active in helping to prevent none but "the faithful" from entering.

Upon the assembling of the Legislature, I was appointed one of the six pages in the House. The other five were white boys. Very soon afterwards, I was promoted to the postmastership of the House. On the Senate side, there were two colored boys as pages, a son of ex-Senator Moseley of Goochland Co., and a son of the late R.G.L. Paige, representative from Norfolk county.

There were three colored men in the Senate Chamber, and two of them were really able and scholarly men, and were among the leading debaters in that chamber. One was Dr. Dan Norton, from the Yorktown District, another was Senator William N. Stevens, representing the senatorial district of Sussex and Greensville counties. Senator Stevens was a speaker of much elegance and grace, and was always listened to with respect and admiration. Then there was Senator J. Richard Jones, representing Charlotte and Mecklenburg counties.

In the Lower House, there were thirteen colored representatives; the names of two I can not just recall, but the others I will mention.

Norfolk county, R.G.L. Paige. Princess Anne county, Littleton Owens. York county, Robert Norton. City of Petersburg, Armstead Green. Dinwiddie county, Alfred W. Harris. Powhatan county, Neverson Lewis. Brunswick county, Guy Powell. Cumberland county, Shed Dungee. Prince Edward county, Batt Greggs. Amelia and Nottoway, Archie Scott. Mecklenburg county, Ross Hamilton.

Paige and Harris were thoroughly educated men, while Ross Hamilton possessing only limited literary qualifications, was a most remarkable man, and one of the parliamentary authorities of that body. In the preceding session, of which Hamilton was a member, he got to himself great fame by the introduction of the measure known and referred to as the "Ross Hamilton bill." It had to do with the settlement of the Virginia debt, the great issue on which Mahone rode into power.

Paige and Harris were among the principal leaders of the House, and certainly, few were the men in that house whether democrats or republicans, who could outrank them in oratory or public debate.

Mr. Harris introduced the measure which provided for the present state Normal school, at Petersburg, carrying with it an appropriation of one hundred thousand dollars. I had the great pleasure of bearing the bill to the Speaker's desk.

During the session of this Legislature two colored men were given clerkships at the capitol: young Bob Norton, whose father represented York, in that body, was given a place in the General Land Office, while Richard De Baptist, of Mecklenburg county, was given a desk in the 2nd Auditor's office. A white physician, Dr. David F. May, of Petersburg, was made Superintendent of the Central Lunatic Asylum, for colored people, his two assistants being colored physicians, Dr. J.C. Ferguson, of Richmond, and Dr. R.F. Tancil, of Alexandria. A number of colored men were put on as guards at the State Penitentiary. Capt. R.A. Paul, of Richmond, was made private messenger to the Governor. So numerous were the places filled by colored men, that that particular period, and the one that followed, have been indicated in the phrase, having a political bearing: "When they lived, they lived in clover: but, when they died, they died all over."

Those were thrilling times. I remember, a year or two later, when I had just become of age, I was elected a delegate to the State Convention, which was held in the old Richmond Theater on Broad St. There were over thirteen hundred delegates, only about a fifth being colored. The writer was elected the first assistant secretary of that gathering. That convention marked the passing of the "re-adjuster" party into the Republican, and, under the dominance of Senator Mahone, the slogan of the Convention was, "We are for Arthur, because Arthur is for us." I hope that what I have thus very hurriedly written may prove of some value to you in the preservation of the annals of Virginia as respects the black man.

Respectfully yours, (Signed) GEORGE FREEMAN BRAGG, JR.

P.S. I want to correct a statement. There were two of us in the Lower House. Clinton Paige, and myself, were in the lower chamber, and Moseley on the Senate side. I began my first work of the ministry in Norfolk in 1887, and about that time the Hon. R.G.L. Paige was appointed Postmaster of Norfolk City. He really ran the office. I have spent many a pleasant moment with him in his office there. It will be interesting to state just here, that "Dick" Paige made his escape from Norfolk by way of the Under Ground Railroad, only a little fellow of nine or ten years of age, secreting himself in a vessel leaving that port. He was educated in Boston. After the civil war he returned to Norfolk.

Round about the same time that I took charge in Norfolk, John C. Asbury, now of Philadelphia, was practising law in Norfolk Co. and city. Norfolk county is one of the largest and richest counties in the State. Asbury was elected by the voters of that county Prosecuting Attorney, and to my own knowledge, he most acceptably filled the office during the term of four years, I think, for which he was elected. He was recognized as one of the able political leaders of that section. Captain Fields was elected and served as Commonwealth's Attorney of Newport News and Warwick county. Rev. J. M. Dawson was the county treasurer where the ancient capital Williamsburg is situated, while a Mr. Mitchell, for a number of years was the Collector of Customs for the historic port of Yorktown.

(Signed) G. F. B., Jr.

Phone 4512

E.W. SHERMAN, Vice President Guaranty Mutual Life & Health Insurance Co. 774 E. Waldburg St., Savannah, Ga.

Feb. 8th, 1920.

PROF. MONROE N. WORK, Tuskegee, Ala.

My dear Mr. Work:

I have perused with considerable interest your review of the political history of the Reconstruction period. I have gotten from the review quite a bit of useful information. In my opinion, this particular part of your research work should be in the hands of every Negro in America that every Negro child might know something of the early exploits of colored men.

As a pointer for further work I want to state that succeeding Phil. Joiner of Dougherty County, Georgia, Ishmael London represented that county. J.H. Watson of Albany could furnish detail information. Jack Horne of Pulaski County was Clerk of the Court of Pulaski County and Richard White was Clerk of Chatham County Court during the period under discussion. Mrs. Hannah Benefield or Mr. Edward Cary of Hawkinsville will give authentic information regarding the former and P.A. Denegall will furnish information regarding "Dick" White.

We are pleased to follow you in your statistical ramblings because we love to connect you with us here and to recall your presence among us. We cherish very deeply your memory and applaud your efforts for racial uplift.

The madam joins me in wishing for you a long and useful career—a happy and prosperous one.

Respectfully, (Signed) E. W. SHERMAN.

February 14, 1920.

MR. J. H. WATSON, Albany, Georgia.

Dear Sir:

As you may already know, I have been for a considerable time collecting information about the colored persons who were members of State Legislatures during the reconstruction period. A list of these members as far as I have been able to collect them was published in the January number of the "Journal of Negro History."

Mr. E.W. Sherman of Savannah, Georgia, after reading my article, wrote to me that Phil Joiner, Dougherty County, was succeeded by Ishmael London. He stated that you could give me further information concerning this. Will you not, as Mr. Sherman suggests, send to me the names of all of the colored men whom you know to have represented Dougherty County in the Georgia Legislature and as near as you can, the date that they were members of the Legislature.

Thanking you in advance for your courtesy and appreciating an early reply, I am

Yours very truly, M. N. WORK, Editor Negro Year Book.

ALBANY, GEORGIA. February 21, 1920.

PROF. MONROE WORK, Tuskegee Inst., Tuskegee, Ala. Dear Sir:—

Replying to your letter of the 14th inst., I beg to state that I cannot give you the dates as I was quite a boy and do not remember, but Phil Joiner served one term, was followed by Israel London, who served two terms, and who was followed by Howard Bunts, who served one term. In Thomas County, Rev. Jack Carter was a member, but I do not remember the dates.

Yours very truly, Signed— J.H. WATSON.

CARNEGIE PUBLIC LIBRARY P. A. Denegall, Librarian Savannah, Georgia.

February 24, 1920.

PROF. MONROE WORK, Tuskegee, Alabama.

Dear Sir:

I am in receipt of yours of 14th inst., seeking information relative to the occupancy of the clerkship of Chatham Superior Court, by the late Richard W. White, during reconstruction period.

In reply I beg to say, that at the period, about which you desire information, I was too young a boy to have any adequate or understanding knowledge of the political affairs or status of that period, so that I have no first hand knowledge of the matter upon which you desire information. All I know about the late Mr. White's clerkship is only what I gleaned in conversation with my father, and as he paid no special attention to dates, simply telling me of things taking place during reconstruction, I have only by that means, knowledge of some things without the dates of their occurance.

I am very sorry I cannot give you the information you desire, I should be glad to do so if I could.

May I add that I have read your article in the January "Journal of Negro History" on "Some Negro members of reconstruction conventions and legislatures." I note that the name of the late Prof. John McIntosh, late principal of Mape St. School of this city is omitted from the list of colored members of Georgia legislature. He was a member of the Georgia House of Representatives, representing Liberty County in the "80's" a few years after his graduation from Atlanta University. As far as I know he was the most thoroughly educated colored man to have had the privilege of being a member of the Georgia Legislature. I knew him intimately. We were pupils at Beach Institute, this city at the same time, later fellow students at Atlanta University. Again regretting that I am not able to give the desired information, I am

Very truly yours, Signed— P. A. DENEGALL.

SAYBROOK, CONN. February 14, 1920.

MR. MONROE N. WORK, Tuskegee Institute Alabama.

My dear Sir:

I have read with keen interest the facts presented by you in the Journal of Negro History for January 1920 on "Some Negro Members of Reconstruction Conventions etc."

I have known intimately Gen. Samuel Smalls and his family in Beaufort, S.C. and Miss Olive Rainey and her mother, daughter and wife of Joseph H. Rainey; Miss Mamie Hayne of S.C. daughter of Henry E. Hayne.

One daughter of Gen. Smalls still lives in the paternal home in Beaufort, where are the books and personal possessions of her distinguished father. She was companion and house-keeper for him in his late years; she is doubtless able to furnish much valuable information.

Brothers of Henry E. Hayne still live, though they do not identify themselves with the Negro race. The daughter does, however, and has friends of her father's generation who could help in building up a Hayne's history.

Among the relatives is the mother of my husband and a large family of relatives, the older ones of whom lived thro' Reconstruction Days in South Carolina.

Miss Rainey and her mother live in Springfield, Massachusetts.

My own family on the maternal side is descended from George Houston, member of the Alabama Legislature 1868-70.

I have long felt that the last opportunity to collect data concerning this interesting period in our history, is while this present generation lives; the next generation will have no interest in it.

If I can assist you in collecting facts from these people who knew intimately the men of whom you write, I should be glad to do so.

I feel that the best way to do this would be for you to send me a set of questionnaires which I might send to these friends with letters.

I am trying thro' the Department of Archives and History of Alabama and the Congressional Library to locate material which will illuminate the life of George Houston.

If what I have written is of interest to you, then I am glad that I have written. And can I be of assistance, I shall be glad to make further contribution if possible.

Sincerely, (Signed) HELEN JAMES CHISHOLM, MRS. FRANK P. CHISHOLM.



CORRESPONDENCE

The following letter written primarily to correct certain errors has been productive of much good in bringing to light a number of facts which the public should know:

140 COTTAGE STREET, NEW HAVEN, CONN., February 23, 1920.

DR. CARTER G. WOODSON, 1216 You Street, Washington.

My dear Dr. Woodson:

I find the latest number of your Journal most interesting and permanently valuable, like those that have preceded. I think that the publication is gaining a position in its particular field which promises to make it an accepted authority on historical questions. This makes it the more essential for manifest errors to be carefully guarded against and eliminated from contributed articles.

I observe on page 5 the designation "Tillston College" of The American Missionary Association; the correct name is Tillotson College, for the institution at Austin, Texas. The footnote gives Brawley as authority. I do not have this book at hand but have a suspicion that the erroneous spelling is found there also.

Another statement in the same article which seems to me erroneous in a more serious matter is found at the bottom of page 4, where it is assumed that in 1863 "only 5 per cent of the Negro population was literate." In your book on The Education of the Negro Prior to 1861 you have stated very solid reasons for believing 10 per cent to be about the right estimate. This accords also with the U.S. Census figures of 1870, set forth in a table of which I sent you a copy. Is it not a matter of vital significance to our American history which of these statements is to be accepted? Yesterday I saw posted on the wall of a New Haven church the statement of 5 per cent. It used to be considered allowable to make wild statements on this subject when presenting the claims of Southern education. Indeed I have known the statement to be made in such a connection, that none of the Negroes could read or write before the war. I yield to no one in my estimate of the importance of the work of Northern teachers and Northern schools in the education of the colored people. But their value is not magnified by such exaggerated and reckless over-statement. Rather is it brought under serious question and damaging suspicion.

You have done and are still doing most valuable work in the interest of historical accuracy, and to clear away the fogs of misconstruction and misapprehension concerning the Negro people which have prevailed for at least a hundred years. I could wish that you might see your way as an editor to insist on alteration in a manuscript containing such a misstatement, or at least add an editorial comment on the point.

Wishing for your Journal continued and increasing circulation and popular support, I remain,

Faithfully, yours, G. S. DICKERMAN.

The editor made the following reply:

February 28 1920.

DR. G. S. DICKERMAN, 140 Cottage Street, New Haven, Conn.

My dear Dr. Dickerman:

I have your interesting letter in which you make a strong plea for accuracy in the writing of history that the Negro may receive justice at the hands of those represented as treating the records of the race scientifically. You insist that, prior to the emancipation of the race, more than five per cent of the Negro population was literate, and refer to my Education of the Negro Prior to 1861 to support you in that statement. You must observe, however, that I maintain that ten per cent of the adult Negroes had the rudiments of education. It might, therefore, be possible for some one to prove that less than ten per cent of the whole Negro population was at that time able to read and write.

Thanking you for your interest in this work, I am

Yours very truly, C. G. WOODSON, Director.

The tables to which Dr. Dickerman refers were sent to the editor with a letter, both of which follow:

140 COTTAGE STREET, NEW HAVEN, CONN., July 14, 1917.

DR. CARTER G. WOODSON, 1216 You Street, N.W. Washington, D.C.

Dear Dr. Woodson:

In preparing a chapter on The History of Negro Education for Dr. Jones, of the Phelps Stokes Foundation, I made a study of the Ninth Census and prepared a table of figures which I suggested for publication in a foot note. But my manuscript was so long that it was thought best to eliminate about a third of it and this table with much besides.

I have therefore thrown this Census study into form for publication in an article by itself. If you like you may have it for Journal of Negro History. Of course the Census is not infallible and the Ninth Census has been especially charged with inaccuracy. But it certainly has some meaning, and I think the confirmation of your conclusions is worth noticing.

If you do not wish to use the article please return it to the above address.

Very truly yours, G. S. DICKERMAN.

THE NINTH CENSUS ON NEGRO ILLITERACY

The treatise of Dr. Carter Godwin Woodson on The Education of the Negro Prior to 1861 offers an impressive array of evidence to show that there were many more Negroes than have usually been supposed who had some literary knowledge while still under slavery. Other evidence bearing on a subject of so great importance cannot but have interest for historians of that period.

Some of the statistics in the United States Census of 1870 are in point: Figures are there given for the colored men of voting age, that is for those over 21, who were unable to read and write. There are also given the total numbers of colored men of voting age in the several States. Subtracting the former from the latter will then give the number of those able to read and write. The results appear in the table presented below:

COLORED MALES 21 YEARS OF AGE AND UPWARD IN 1870; WITH REFERENCE TO THEIR ABILITY TO WRITE

========================================================== Unable to Able to Per Cent Total Write Write Able - - - - United States 1,032,475 862,243 170,232 16.5 Southern States 932,612 820,670 111,942 12.0 All other states 99,863 41,573 58,290 58.4 - - - - Alabama 97,823 91,017 6,806 6.9 Arkansas 26,789 23,681 3,108 11.6 District of Columbia 10,143 7,599 2,544 25.1 Florida 18,842 16,806 2,036 10.8 Georgia 107,962 100,551 7,411 6.9 Kentucky 44,322 37,889 6,432 14.5 Louisiana 86,911 76,612 10,301 11.7 Maryland 39,123 27,123 11,997 30.6 Mississippi 89,920 80,810 9,116 10.1 Missouri 23,886 18,002 5,880 24.6 North Carolina 78,012 68,669 9,350 12.0 South Carolina 85,475 70,830 14,645 17.1 Tennessee 64,131 55,938 8,193 12.8 Texas 51,575 47,235 4,340 8.4 Virginia 107,691 97,908 9,783 9.1 - - - -

This Census gives the figures for women of color over 21 years of age who were unable to write; but not the whole number of women of color over 21. If however we assume the proportion of all Negro males to all Negro females to hold the same for those over 21 we arrive at the conclusion that the whole number of women of color over 21 was 1,072,847 for the United States; of whom 946,332 were unable to write and 126,515 were able. That is, in 1870, there were approximately 126,515 women of color of 21 years of age and upward who were able to read and write. This number added to the 170,232, found for the number of literate men, gives a total of 296,747 Negroes of 21 years of age and upward who were able to read and write; which is 14 per cent of the whole number. There must have been a considerable increase between 1863 and 1870, but one can hardly suppose it to have been over 4 per cent, or 84,212, which substantiates the estimate of about 10 per cent of the Negroes as able to read and write at the date of emancipation. We may suppose that the number of those who were able to read, but did not add to this the accomplishment of writing, must have been much larger.

The existence of so large a body of Negroes who already had the rudiments of an education goes far to account for the rapid growth of schools as soon as the Negroes were made free, and especially for that eagerness that was shown for advanced learning which made an almost immediate demand for secondary schools and colleges at the more important centers of population throughout the South. The people had received, in some way or other, a love of education and a start in obtaining it under the old slave system, so that when the new chance came they were ready to make a good use of it.

G. S. DICKERMAN.



BOOK REVIEWS

The Centennial History of Illinois, Volume III. The Era of the Civil War 1848-1870. By ARTHUR CHARLES COLE. The Illinois Centennial Commission, Springfield, Illinois, 1919.

This volume of this work deals with the period of the most dramatic history of the State. After discussing the frontier and the rise of railroads, the author directs his attention to the agitation and compromise of 1850, the origin of the Republican party, the Lincoln-Douglass Debates, the election of 1860, the appeal to arms, the war in Illinois, new abolitionists and copperheads, and the war in its relation to agriculture and the industrial revolution. The book is illustrated with such portraits as those of Abraham Lincoln, Stephen A. Douglass, Lyman Trumbull and Richard Yates. There are maps showing the foreign-born population in 1860, the presidential election in 1848, the vote for treasurer in 1854, the vote for congressmen in 1858, the vote on the constitution in 1862, the vote for congressmen-at-large in 1860, and the presidential election in 1868. The volume closes with an adequate bibliography and a useful index.

As a book on the Civil War is not uncommon, one does not ordinarily expect many things new from such a volume inasmuch as most of them cover familiar ground. In connecting the history of Illinois with the national drama of Civil War, however, the author has brought forward facts which, although belonging to local history, have a national significance and historians will make use of them, although they will not agree with him in all of his views. The scientific use which he has made of the newspaper material of that day is especially commendable. He has, moreover, shown that this history was as economic as political. Good farms and roads figured as conspicuously as efficient generals and wise statesmen.

There is some mention of the Negro as a human element. Sympathy for the race, "whether the southern slave or the northern victim of the black laws, was aroused by Uncle Tom's Cabin in 1852." Thereafter came the effort to secure for the blacks equal rights before the law but because of opposition to them in southern Illinois the black code could not be easily repealed, for race hatred often broke out in southern towns as in the case of Mound City, which in 1857 undertook to drive out all Negroes. The author mentions also such strivings of the Negroes as the efforts of the members of the race in Chicago to defend their rights by protesting against the oppression through local indignation meetings and the Colored National Convention in Cleveland in 1848. Their Chicago Literary Society condemned the Fugitive Slave Law, they organized to resist colonizationists and kidnappers, and at the outbreak of the war organized a military force to fight for their own freedom.

* * * * *

The National Encyclopedia of the Colored Race. Volume I. By CLEMENT RICHARDSON, Editor-in-Chief. The National Publishing Company, Montgomery, Alabama, 1919.

This is a fair effort at local and national biography with no pretense to scientific treatment. Some attention is given also to religious and educational institutions. Apparently almost any one financially able to aid the enterprise or sufficiently influential to have his sketch incorporated into the work appears in this volume. One man's achievements seemed to count for about as much as those of another and the law of proportion was disregarded. There are farmers, business men, ministers, physicians, dentists, lawyers and the like, many of whom are well known and others who have made no impression upon the world except to complete a course in an institution of learning and to use the knowledge thus acquired in making a living. The world has never heard of some of them and they will, of course, thank the editor for this publicity.

The aim of this work, according to the editor, is to inform and inspire. He complains that the ordinary work of this kind has merely had information for its purpose. As the only sure hope the black American can entertain for immediate notice comes through committing crime, the editor here endeavors to treat the records of a large number of Negroes who, because of their color, would never have a hearing. The aim of the book too is not only to inform the white race but it is to introduce Negroes to one another. To be properly inspired they need to be better informed as to what the ambitious members of the race are doing in their various fields of endeavor. An effort is made to get away from former biographical works largely given to eulogy of individuals unduly advertised. The aim seems rather to idealize the life of obscure men, who have achieved merit in applying themselves to the ordinary duties of life. Referring to the failure to treat more extensively the biographical material of the whole race the editor states that such accounts cannot be secured in many instances for the reason that, some are indifferent to fame, experience a shrinking from publicity, or are too busy to give attention to matters of this kind. The defects of this book, however, cannot be excused on this ground.

On the whole, the book has a value. It is fairly well printed, is adequately illustrated, and is readable. Although much of the information given is not now uninteresting it will in the course of time serve as a valuable source book.

* * * * *

The Man Next Door. By A. B. JACKSON, M.D. Neaula Publishing Company, Philadelphia, Pa., 1919. Pp. 253.

This is another work on the much mooted question, the Negro problem. There was in the mind of the author some doubt as to whether or not he should make an apology for adding another such work to the many volumes written in this field. Observing, however, that the discussions of the race problem have in the past done some good as well as harm, he here endeavors to present an up-to-date discussion from a new point of view in order to conform with the exigencies of the day. The aim is to direct special attention to the failure to recognize the Negro as a human asset with untold economic possibilities. He believes that the matter of race values and interdependency of all races must find "a definite and assuredly positive place in the various policies of any nation which is made up of several race groups." In one sense the author believes that "racial conflict, strife and differences inspiring as they do, struggle, jealousy, and ambition, are essential to the progress of the whole group of mankind." He insists, however, that struggle should be a friendly rivalry out of which shall be woven a strong and everlasting national fabric consistent with impressing and assuring the perpetuation of the various policies which guarantee national honor and uplift.

The author believes that the one great hope for the Negro is to make himself an economic asset to his country. When this is accomplished, there will be little doubt as to the possibility of his securing full recognition as a citizen. He does not deplore the presence of obstacles but rather thinks that the salvation of the race will be in developing in the midst of this struggle the power to overcome these obstacles. It is suggested that the discussion of these matters should be dispassionate and efforts for adjustment should be based upon reason rather than upon sentiment. To show exactly how this can be done the author has directed his attention to such questions as citizenship, and patriotism, the producer and the consumer, the Negro and his church, and educational assets. The question is further treated under such captions as race consciousness, health and economics, tuberculosis a great waste, rent and ownership, and business development. The book closes with observations on racial grouping, political status, and the follies of prejudice.

* * * * *

Darkwater. By W. E. B. DUBOIS. Harcourt, Brace and Howe, New York, 1920. Pp. 276.

This work is a collection of essays by the well-known author of Souls of Black Folk, The Philadelphia Negro, The Suppression of the African Slave Trade, and The Negro. The aim of the work is to show that the Negro problem is essentially connected with the problem of work or wages or education and government which, when solved, will mean also the solution of the race problem. To give his point of view, the author, therefore, describes his childhood, training, and outlook on the world as a Negro. To show the "vast emotional content of the social problem, he has inserted between the chapters, bits of poetry and fancy which interpret the bewilderment, the disappointment, the longing and the faith of millions of men. The work ends with a brief philosophy of duty and death and a story and a hymn looking toward human unity.

This book, therefore, follows the trend of thought characteristic of Dr. DuBois. As in the beautifully written essays entitled Souls of Black Folk he has here put himself forward as a person representative of millions of black men seriously suffering from social proscription. Although his contention that the race problem is interwoven with the economic problems of the country is presented as the reason for directing more attention to this problem, the author does not treat the race question from an economic point of view. This has been the defect of the historical works which Dr. DuBois has written. He is at best a popular essayist with a bit of poetic genius. In all of his discussions of the race problem his mind has not as yet been adequate to the task of scientific treatment of the question. The Suppression of the African Slave Trade is a literary compilation or digest of State and national legislation to curb an evil, but it does not exhibit any relief or a unifying influence. The Philadelphia Negro is an ordinary report on social conditions which a local secretary of the Urban League could now compile in almost any large city in about three or six months and his The Negro is merely a summary of a number of popular works setting forth such history of Africa as a few travellers have been able to learn from the outside. It is hoped, therefore, that Dr. DuBois will take his task more seriously that he may finally write a scholarly economic treatise in this long neglected field.



NOTES

The next annual meeting of the Association for the Study of Negro Life and History will convene in Washington, D. C., next November. All institutions interested in the teaching of Negro life and history will be invited to send representatives to this meeting to confer as to the best methods of prosecuting studies in this neglected field. The session will cover two days to be devoted to addresses by the best thinkers of the country. The official program will appear within a few weeks.

* * * * *

The illustrated textbook in Negro history by Dr. C. G. Woodson has been further delayed by disturbances among the printers. It is hoped that it will appear before the end of the year.

A. B. Caldwell, of Atlanta, has published Volume III (South Carolina edition) of what he calls the History of the American Negro.



THE JOURNAL

OF

NEGRO HISTORY

VOL. V—JULY, 1920—NO. 3



THE SLAVE IN CANADA

PREFACE

When engaged in a certain historical inquiry, I found occasion to examine the magnificent collection of the Canadian Archives at Ottawa, a collection which ought not to be left unexamined by anyone writing on Canada. In that inquiry I discovered the proceedings in the case of Chloe Cooley set out in Chapter V of the text. This induced me to make further researches on the subject of slavery in Upper Canada. The result was incorporated in a paper, The Slave in Upper Canada, read before the Royal Society of Canada in May 1919, and subsequently published in the JOURNAL OF NEGRO HISTORY for October, 1919. Some of the Fellows of the Royal Society of Canada and the editor of the JOURNAL OF NEGRO HISTORY have asked me to expand the paper. The present work is the result.

I have spent many happy hours in the Canadian Archives and have read all and copied most of the documents referred to in this book; but I cannot omit to thank the officers at Ottawa for their courtesy in forwarding my labor of love, in furnishing me with copies, photographic and otherwise, and in unearthing interesting facts. It will not be considered invidious if I mention William Smith, Esq., I.S.O. and Miss Smillie, M.A., as specially helpful. My thanks are also due to Messrs. Herrington, K.C., of Napanee, F. Landon, M.A., of London, Mrs. Hallam and Mrs. Seymour Corley of Toronto, General Cruikshank of Ottawa, the Very Reverend Dean Raymond of Victoria, as well as to many others of whose labors I have taken advantage. This general acknowledgment will, I trust, be accepted in lieu of special and particular acknowledgment from time to time.

The chapter on the Maritime Provinces is almost wholly taken from the Reverend Dr. T. Watson Smith's paper on Slavery in Canada in the Nova Scotia Historical Society's Collections, Vol. X, Halifax, 1899.



CHAPTER I

BEFORE THE CONQUEST

That slavery existed in Canada before its conquest by Britain in 1759-60, there can be no doubt, although curiously enough it has been denied by some historians and essayists.[1] The first Negro slave of which any account is given was brought to Quebec by the English in 1628. He was a young man from Madagascar and was sold in Quebec for 50 half crowns.[2] Sixty years thereafter in 1688, Denonville, the Governor and DeChampigny, the Intendant of New France, wrote to the French Secretary of State, complaining of the dearness and scarcity of labor, agricultural and domestic, and suggesting that the best remedy would be to have Negro slaves. If His Majesty would agree to that course, some of the principal inhabitants would have some bought in the West Indies on the arrival of the Guinea ships. The minister replied in 1689 in a note giving the King's consent but drawing attention to the danger of the slaves coming from so different a climate dying in Canada and thereby rendering the experiment of no avail.[3]

The Indians were accustomed to make use of slaves, generally if not universally of those belonging to other tribes: and the French Canadians frequently bought Indian slaves from the aborigines. These were called "Panis."[4] It would seem that a very few Indians were directly enslaved by the inhabitants: but the chief means of acquiring Panis was purchase from les sauvages.

The property in slaves was well recognized in International Law. We find that in the Treaty of Peace and Neutrality in America signed at London, November 16, 1686,[5] between the Kings of France and England, which James II had arranged shortly after attaining the throne, Article 10 provides that the subjects of neither nation should take away the savage inhabitants, or their slaves or the goods which the savages had taken belonging to the subjects of either nation, and that they should give no assistance or protection to such raids and pillage. In 1705 it was decided that Negroes in America were "moveables," meubles, corresponding in substance to what is called "personal property" in the English law.[6] This decision was on the Coutume de Paris, the law of New France.

The Panis and Negro slaves were not always obedient. Jacques Raudot, the Intendant, April 13, 1709, made an ordinance on "the Subject of Negroes and Savages called Panis." In this he recited the advantage the colony would acquire by certainty of ownership of the savages called Panis "whose nation is far removed from this country" and that certainty could only be brought about through the Indians who capture them in their homes and deal for the most part with the English of Carolina, but who sometimes in fact sell them to the Canadians who are often defrauded of considerable sums through an idea of liberty inspired in the Panis by those who do not buy,[7] so that almost daily they leave their masters under the pretext that there are no slaves in France—that is not wholly true since in the islands of this Continent all the Negroes bought as such are regarded as slaves."

The further recital says that all the colonies should be on the same footing, and that the Panis were as necessary for the Canadians for the cultivation of the land and other work as the Negroes were for the islands, that it was necessary to assure the property in their purchases those who have bought and those who should buy in the future. Then comes the enactment "Nous sous le bon plaisir de Sa Majeste ordonnons, que tous les Panis et Negres qui ont ete achetes et qui le seront dans la suite, appartiendront en pleine propriete a ceux qui les ont achetes comme etant leurs esclaves." "We with the consent of His Majesty enact that all the Panis and Negroes who heretofore have been or who hereafter shall be bought shall be the absolute property as their slaves of those who bought them."[8]

This ordinance was not a dead letter. On February 8, 1734, Gilles Hocquart, the Intendant at Quebec issued an ordinance in which he recited that in 1732 Captain Joanne of the Navy brought a Carib slave of his to Canada and employed him as a sailor; that he had deserted when Captain Joanne was ready to embark for the West Indies; and that the master had seen and recognized him a short time theretofore in the Parish of St. Augustine but on reclaiming him certain evil-disposed persons had facilitated his escape. The ordinance directed all captains and officers of the militia to give their assistance to the master in recovering the Carib slave and forbade all persons to conceal him or facilitate his escape on pain of fine or worse.[9]

Slavery thereafter tended to expand. The Edict of October 1727 concerning the American islands and colonies and therefore including Canada in the preamble spoke of the islands and colonies being in a condition to support a considerable navigation and commerce by the consumption and trade of Negroes, goods and merchandise, and the measures taken to furnish the necessary Negroes, goods and merchandise. It was decreed that only such Negroes, goods, and merchandise should be received by the islands and colonies as should be brought in French bottoms. Very explicit and rigid regulations were made to that end.

Some of these slaves were too vindictive to be good servants. There is given by Abbe Gosselin in a paper in the Transactions, Royal Society of Canada for 1900, an account of a mutiny of part of the garrison at Niagara incited by a Panis probably in the service of an officer at the post. Some of the mutineers were sentenced to death but made their escape while the Panis, Charles, was sent to Martinique with a request to the authorities to make him a slave and to take every precaution that he should not escape to Canada or even to the English colonies. A female slave of color belonging to Mme. de Francheville who had been bought in the English Colonies set fire to her mistress' home the night of the 10-11 April 1734, thus causing a conflagration which destroyed a part of the city of Montreal. The unfortunate slave was apprehended and tried for the crime then and for long after a capital felony. Being found guilty, she was hanged June, 1734.

The increase in the number of slaves made necessary some regulation concerning their liberation. September 1, 1736, Gilles Hocquart, the Intendant already mentioned, made an ordinance concerning the formalities requisite in the enfranchisement of slaves. Reciting that he had been informed that certain persons in Canada had freed their slaves without any other formality than verbally giving them their liberty, and the necessity of fixing in an invariable manner the status of slaves who should be enfranchised, he ordered that for the future all enfranchisements should be by notarial act and that all other attempted enfranchisements should be null and void.

Slaves unable to secure their freedom by legal means, however, undertook sometimes to effect the same by flight. A royal decree of July 23, 1745, recited the escape of three male and one female Negro slaves from the English West India Island of Antigua to the French Island of Guadeloupe and there sold. There followed a decision of the Superior Council of Guadeloupe that the proceeds of the sale belonged to the King of France and Negro slaves belonging to the enemy when they came into a French colony became at once the property of His Majesty. To make clear the course to pursue for the future, the decree declared that Negro slaves who escape from enemy colonies into French colonies and all they bring with them belong to His Majesty alone in the same way as enemy ships and goods wrecked on his coasts.

With all of this security the ownership of slaves became common. In the Registers of the Parish of La Longue Pointe is found the certificate of the burial, March 13, 1755, of the body of Louise, a female Negro slave, aged 27 days, the property of M. Deschambault. In the same Parish is found the certificate of baptism of Marie Judith, a Panis, about 12 years of age belonging to Sieur Preville of the same Parish, November 4, 1756. On January 22, 1757, one Constant a Panis slave of Sieur de Saint Blain, officer of Infantry, is sentenced by de Monrepos, Lieutenant-Governor civil and criminal in the Jurisdiction of Montreal,[10] to the pillory in a public place on a market day and then to perpetual banishment from the jurisdiction.

The conquest of Canada begun at Quebec in 1759 and completed by the surrender to Amherst of Montreal by de Vaudreuil in 1760 had some bearing on slavery. One of the Articles of Capitulation, the 47th, provided that "the Negroes and Panis of both Sexes shall remain in the possession of the French and Canadians to whom they belong; they shall be at liberty to keep them in their service in the Colony or to sell them: and they may also continue to bring them up in the Roman religion."[11]

Having now reached the end of the French period, it will be well to say a word as to the rights of the slaves. There is nowhere any intimation that there was any difference in that regard between the Negro and the Panis. The treatment of the latter by their fellow Indians depended upon the individual master. The Panis had no rights which his Indian master was bound to respect. Remembering the persistence of customs among uncivilized peoples, one may conclude that the description given of slavery among the Chinook Indians about a century later will probably not be far from the mark concerning the Indians of the earlier time and their slaves.

Paul Kane, the celebrated explorer and artist,[12] in a paper read before the Canadian Institute[13] in 1857 said: "Slavery is carried on to a great extent along the North-West Coast and in Vancouver Island and the Chinooks.... The inhabitants still retain a large number of slaves. These are usually procured from the Chastay Tribe who live near the Umqua, a river south of the Columbia emptying into the Pacific. They are sometimes seized by war-parties but are often bought from their own people.... Their slavery is of the most abject description: the Chinook men and women treat them with great severity and exercise the power of life and death at pleasure."

Kane gives shocking instances of this. He tells of a chief who sacrificed five slaves to a colossal wooden idol he had set up and says that the unfortunate slaves were not considered entitled even to burial but their bodies were cast out to the crows and vultures.

Amongst the French such an extreme of barbarity did not obtain. Their law was based upon the civil law, that is, the law of Rome, which in its developed form recognized the slave as a human being. The Roman world was full of slaves. Not only were there slaves born but debtors sometimes sold themselves[14] or their children. The criminal might be enslaved. In early pagan times the slave had no rights. He was a chattel disposable according to the will of his master who had jus vitae necisque, who could slay, mutilate, scourge at pleasure.[15] In the course of time this extreme power was restrained. Hadrian forbade the killing of slaves, Marius allowed the slave to lay an information against his master. The prefect at Rome and the presidents of the provinces took cognizance of crimes against the slave; and Constantine allowed a master to go free on killing his slave in chastisement only if he used rods or whips, but not if he used sticks, stones or javelins or tortured him to death.[16] Hard as was his lot, the unhappy slave had at least some rights in the later civil law, few and slight as they were, and these he had under the Coutume de Paris, the law of French Canada.

FOOTNOTES:

[1] For example in Garneau's Histoire du Canada (1st Edit) Vol. 2, p. 447 after speaking of correspondence of 1688-9 referred to in the text he says of the answer of the authorities in Paris:

"C'etait assez pour faire echouer une enterprise, qui aurait greffe sur notre societe la grande et terrible plaie qui paralyse la force d'une portion si considerable de l'Union Americaine, l'esclavage, cette plaie inconnue sous notre ciel du Nord"—"That was effective to strand a scheme which would have engrafted upon our society that great and terrible plague which paralyses the energies of so considerable a part of the American Union, Slavery, that plague unknown under our northern sky."

[2] He was sold by David Kertk or Kirke the first English Conqueror of Quebec. England held her conquest only from 1629 to 1632, if it be permissible to call Kirke's possession that of England when he was repudiated by his country.

Relations des Jesuites, 1632, p. 12: do. do. 1633, p. 25. Much of the information which follows concerning slavery in Quebec is taken from a paper in the Memoirs of the Historical Society of Montreal, 1859, De L'esclavage en Canada, written by M. Jacques Viger and Sir L.H. Lafontaine. I have made an independent investigation and am satisfied that the facts are truly stated. This general acknowledgment will prevent the necessity of particular reference.

In a local history of Montreal Memoirs de la Societe Historique de Montreal 1869, p. 200, there is a reference to Panis slaves in Montreal in 1670.

[3] "Mais il est bon de leur faire remarquer qu'il est a craindre que ces negres, venant d'un climat si different, no perissent en Canada et le projet serait alors inutile." "Il est a craindre" that the prospect of "le projet" being "inutile" was more alarming than that of "ces negres" perishing in frozen Canada.

[4] The name Pani or Panis, Anglicized into Pawnee, was used generally in Canada as synonymous with "Indian Slave" because these slaves were usually taken from the Pawnee tribe. It is held by some that the Panis were a tribe wholly distinct from the tribe known among the English as Pawnees—e.g., Drake's History of the Indians of North America. Those who would further pursue this matter will find material in the Wisconsin Historical Collections, Vol. XVIII, p. 103 (note); Vigor and Lafontaine, L'Esclavage en Canada cited above n. 2; Michigan Pioneer and Historical Collections, Vol. XXVII, p. 613 (n); Vol. XXX, pp. 402, 596; Vol. XXXV, p. 548; Vol. XXXVII, p. 541. From Vol XXX, p. 546, we learn that Dr. Anthon, father of Prof. Anthon of Classical Text-book fame, had a "Panie Wench" who, when the family had the smallpox "had them very severe" along with Dr. Anthon's little girl and his "aeltest boy"—"however they got all safe over it and are not disfigured." Thwaites, an exceedingly careful writer, in his edition of Long's Travels, Cleveland, 1904, says in a note on page 117; "Indian Slavery among the French was first practised in the Illinois Country." He gives no authority and I know of none.

[5] Referred to in Chalmers' Collection of Treaties between Great Britain and Other Powers, London, 1790, p. 328: Pap. Off. B. 25.

[6] We shall see later in this work that by the English law, the "villein" was real property and in the same case as land: also that when Parliament came to legislate so as to make lands in the American Colonies liable for debts, "Negroes" were included in "hereditaments" and therefore "real estate."

[7] Thus early do we find the Abolitionist getting in his fiendish work—the enemy of society, of God and man!

[8] This ordinance is quoted (Mich. Hist. Coll., XII, p. 511, 517) and its language ascribed to a (non-existent) "wise and humane statute of Upper Canada of May 31, 1798"—a curious mistake, perhaps in copying or printing.

In Kingsford's History of Canada, Vol. 2, p. 507, we are told: "In 1718, several young men were prosecuted on account of their relations with Albany carried on through Lake Champlain. One of them, M. de la Decouverte, had made himself remarkable by bringing back a Negro slave and some silver ware. One of the New York Livingstones resided in Montreal and was generally the intermediary in these transactions. The author adds in a note: "This negro must have been among the first brought to Canada."

[9] "A peine d'amende arbitraire et de plus grande peine si le cas y escheoit."

[10] Canada was at this time divided into three Jurisdictions or Districts—those of Quebec, Trois Rivieres and Montreal.

[11] There are trifling variations in the English text in the several versions in the Capitulations and Extracts of Treaties relating to Canada, 1797; Knox's Journal, Vol. 2, p. 423: Documents relative to the Colonial History of the State of New York, Vol. 10, p. 1107. That in the text is from Shortt & Doughty's Constitutional Documents 1759-1791, Canadian Archives Publication, Ottawa, 1907. There is no substantial difference in terminology and none at all in meaning. I give the French version, as to which there is no dispute: "Les Negres et panis des deux Sexes resteront En leur qualite d'Esclaves, en la possession des francois et Canadiens a qui Ils apartiement; Il leur Sera libre de les garder a leur Service dans la Colonie od de les vendre, Et Ils pourront aussi Continuer a les faire Elever dans la Religion Romaine."

[12] The Province of Ontario is the proud possessor of many of Paul Kane's sketches.

[13] Now the Royal Canadian Institute. The paper appears in Series II of the Transactions, Vol. 2, p. 20 (1857).

The use by the Indians of Slaves is noted very early: for example in Galinee's Narrative of the extraordinary voyage of LaSalle and others in 1669-70 the travellers are shown to have obtained from the Indians, slaves as guides. See pp. 21, 27, 43 of Coyne's edition, 4 Ont. Hist. Soc. Papers (1903). These Indians were accustomed to take their slaves to the Dutch. Ibid., p. 27.

Still there is not very much in the old authors about slavery among the Indians: the references are incidental and fragmentary and the institution is taken for granted. Thus in Lescarbot's History of New France, published in 1609, the only reference which I recall is on pp. 270, 449 of The Champlain Society's edition, Toronto, 1914; speaking of the Micmacs the author says: " ... the conquerors keep the women and children prisoners ... herein they retain more humanity than is sometimes shown by Christians. For in any case, one should be satisfied to make them slaves as do our savages or to make them purchase their liberty."

[14] It will be remembered that the ancient law of Rome, the Twelve Tables, authorized creditors to take an insolvent debtor, kill him and divide his body amongst them, a real execution against the person more trenchant if not more effective than the capias ad satisfaciendum dear to the English lawyer.

[15] Everyone has shuddered at the awful picture drawn by Juvenal in his Sixth Satire of the fashionable Roman dame who had eight husbands in five years and who ordered her slave to immediate crucifixion. When her husband mildly ventured to suggest that there should at least be some evidence of guilt and that no time should be considered long where the life of a man is in question he was snubbed, just as the Roman lady who was expostulated with for taking her bath in the presence of man slaves asked "An servus homo?" The horrible but pithy dialogue reads:

"Pone crucem servo." "Meruit quo crimine servus Supplicium? Quis testis adest? Quis detulit? Audi Nulla umquam de morte hominis cunctatio longa est" "O demens, ita servus homo est? Nil fecerit, esto Hoc volo, sic jubeo, sit pro ratione voluntas." —Juvenal, Sat., VI, ll. 219-223.

"The cross for the slave!" "What is the charge? What is the evidence? Who laid the information? Hear what he has to say—No delay is ever great where the death of a man is in question." "You driveller! So a slave is a man! Have it your own way—he did nothing. I wish it, that is my order, my wish is a good enough reason."

The natural death for a Roman slave was on the cross or under the scourge.

[16] Constantine also by his Constitution No. 319 provided for slaves becoming free: the Constitution referred to in the text is No. 326. The best short account of slave legislation in Rome which I have seen is in a paper read by the late Vice Chancellor Proudfoot of the Ontario Court of Chancery, February 7, 1891, before the Canadian Institute. Trans. Can. Ins., Series IV, Vol. 2, p. 173. Many of the judgments of Vice Chancellor Proudfoot (venerabile nomen) show a profound knowledge and appreciation of the Civil Law.

The following is taken from Prof. Sherman's great work Roman Law in the Modern World, Boston, 1917. The learned author has laid philosophical lawyers of all countries under heavy obligations by this splendid book, as noted for its lucidity as for its learning.

Vol. I, 69. "To inflict unnatural cruelty upon—and finally to kill—a slave was prohibited by Augustus Claudius and Antoninus Pius. Moreover, because by natural law all men were born free and equal (see Digest, 50, 17, 32) the Emperor often restored to slaves the status of a freeborn person."

I, 146. "Constantine ... abolished crucifixion as a punishment; encouraged the emancipation of slaves...."

I, 150. " ... It is regrettable that Christianity did not change other parts of the Roman law of persons which ought to have been reformed. The chief example of this failure is slavery, which the law of Justinian fully recognized. The inertia of past centuries as to slavery was too great to be overcome. St. Paul's attitude towards slavery was to recognize the status quo, and he did not counsel wholesale emancipation. But Christianity continued the progress of the pagan law along the lines of mercy and kindness, e.g., to poison a slave or brand him was treated in later Imperial Roman law as homicide, and manumission was made easier; but the Church did not recognize the marriage of slaves until over 300 years after Justinian's death."

II, 434, "In Roman law ... the slave was a thing or chattel—nothing more legally. Slaves could no hold property—slaves could not marry, their actual unions were never legally recognized."

II, 436, "With the advent of Greek culture and Christianity the harsh manners of ancient Rome became greatly altered."

II, 828, "One feature of the Lex Aquilia is ... that it granted an action in damages for the unlawful killing of ... the slave of another man." Inst., 413, pr; Gaius 3, 210.

II. 829, " ... the owner had his option either of suing the culprit for damages under the lex Aquilia or of causing him to be criminally prosecuted." Inst., 4, 3, 11 Gaius 3, 213.

II, 935, "A free person called as a witness could not be subjected to torture, but a slave could be tortured."



CHAPTER II

THE EARLY BRITISH PERIOD

When Canada passed under the British flag by conquest there was for a time confusion as to the law in force. During the military regime from 1760 to 1764 the authorities did the best they could and applied such law as they thought the best for the particular case. There was no dislocation in the common affairs of the country. When Canada was formally ceded to Britain by the Treaty of Paris, 1763,[1] it was not long before there was issued a royal proclamation creating among other things a "Government of Quebec" with its western boundary a line drawn from the "South end of Lake Nipissim"[2] to the point at which the parallel of 45 deg. north latitude crosses the River St. Lawrence. In all that vast territory the English law, civil and criminal, was introduced.[3] It is important now to see what was the law of England at the time respecting slavery.

The dictum of Lord Chief Justice Holt: "As soon as a slave enters England he becomes free,"[4] was succeeded by the decision of the Court of King's Bench to the same effect in the celebrated case of Somerset v. Stewart,[5] when Lord Mansfield is reported to have said: "The air of England has long been too pure for a slave and every man is free who breathes it."[6]

James Somerset,[7] a Negro slave of Charles Stewart in Jamaica, "purchased from the African coast in the course of the slave trade as tolerated in the plantations," had been brought by his master to England "to attend and abide with him and to carry him back as soon as his business should be transacted." The Negro refused to go back, whereupon he was put in irons and taken on board the ship Ann and Mary lying in the Thames and bound for Jamaica. Lord Mansfield granted a writ of habeas corpus requiring Captain Knowles to produce Somerset before him with the cause of the detainer. On the motion, the cause being stated as above indicated, Lord Mansfield referred the matter to the full court of King's Bench; whereupon, on June 22, 1772, judgment was given for the Negro.[8] The basis of the decision and the theme of the argument were that the only kind of slavery known to English law was villeinage, that the Statute of Tenures enacted in 1660, expressly abolished villeins regardant to a manor and by implication villeins in gross. The reasons for the decision would hardly stand fire at the present day. The investigation of Paul Vinogradoff and others have conclusively established that there was not a real difference in status between the so-called villein regardant and villein in gross, and that in any case the villein was not properly a slave but rather a serf.[9] Moreover, the Statute of Tenures deals solely with tenure and not with status.

But what seems to have been taken for granted, namely that slavery, personal slavery, had never existed in England and that the only unfree person was the villein, who, by the way, was real property, is certainly not correct. Slaves were known in England as mere personal goods and chattels, bought and sold, at least as late as the middle of the twelfth century.[10] However weak the reasons given for the decision, its authority has never been questioned and it is good law. But it is good law for England, for even in the Somerset case it was admitted that a concurrence of unhappy circumstances had rendered slavery necessary[11] in the American colonies; and Parliament had recognized the right of property in slaves there.[12] Consequently so long as the slaves, Panis or Negro, remained in the colony they were not enfranchised by the law of the conqueror but retained their servile status.

The early records show the use of slaves. General James Murray, who became Governor of the Quebec Fortifications and adjoining territory immediately after the fall of Quebec and in 1763 the first Captain General and Governor in Chief of the new Province of Quebec,[13] writing from Quebec, November 2, 1763, to John Watts in New York speaks thus of the promoting of agriculture in the Province:

"I must most earnestly entreat your assistance, without servants nothing can be done, had I the inclination to employ soldiers which is not the case, they would disappoint me, and Canadians will work for nobody but themselves. Black Slaves are certainly the only people to be depended upon, but it is necessary, I imagine they should be born in one or other of our Northern Colonies, the Winters here will not agree with a Native of the torrid zone, pray therefore if possible procure for me two Stout Young Fellows, who have been accustomed to Country Business, and as I shall wish to see them happy, I am of opinion there is little felicity without a Communication with the Ladys, you may buy for each a clean young wife, who can wash and do the female offices about a farm. I shall begrudge no price, so hope we may, by your goodness succeed."[14]

From time to time slavery makes its appearance in official correspondence. Moreover, there are still subsisting records which show the prevalence of slavery in the province.[15] In January, 1763, there took place at Longueuil the marriage of Marie, slave of baroness de Longueuil, with Jacques Cesar, slave of M. Ignace Gamelin. From 1763 to 1769 there are found records of the baptism of the children of slaves in the registers of the Parish of Lachine. In the first issue of the Gazette of Montreal, June 3, 1778, there is an advertisement by the widow Dufy Desaulniers, offering a reward of six dollars for the return to her of a female slave who had run away on the 14th. She was thirty-five years old and she was dressed in striped calico of the ordinary cut and was of "tolerable stoutness."

Alexander Henry writing from Montreal, October 5, 1778, to the Governor Sir Frederick Haldimand, says that he had obtained a Judgment in the Court of Common Pleas against one Gillelande in the colonies who owed him a considerable sum of money. "Hearing that a Negro of his had deserted from him," said Henry, "and was lurking in this Province I obtained an execution upon that judgment and got the negro apprehended—who is still in gaol." General Powell who was the Commander there sent to Mr. Gray the Sheriff desiring him to postpone the sale until such time as the Governor should be made acquainted with the matter. Mr. Gray thereafter informed Mr. Henry that he mentioned the affair to Sir Frederic Haldimand, who likewise ordered the sheriff to postpone the sale until the Governor could confer with the Attorney-General. The Attorney-General thereafter informed Mr. Henry that he had spoken to the Governor, who was of the opinion that the civil law should take its course.... Mr. Gray thought he should have some definite authority to sell.... He said: "There are some gentlemen from the Upper Countries[16] whom I presume will give more for him than any person resident here and ... they are now on their return." He asked that an order for sale should be sent before the departure of these gentlemen.[16] The higher price which the gentlemen from the "Upper Countries" would pay indicates the objection of those in the old settled parts of the province to Slavery.

An official report made in 1778 by James Monk, Attorney General at Quebec, to the Governor, Sir Guy Carleton, (afterwards Lord Dorchester) gives a sufficiently full account of an occurrence the subject of much controversy and correspondence showing the significance of slavery at that time. The Attorney General examined the several papers, making a case of complaint, by Joseph Despin of St. Francois Merchant a trader against Major de Barner Commanding a Regiment of Light Infantry Chasseurs of Brunswick Troops. Despin complained to Brigadier General Ehrenkrook, Commander of the Brunswick Troops at Trois Rivieres, that Major de Barner by his orders or otherwise at Midnight of the first of the previous June, occasioned forcibly to be taken from said Despin a Negro-woman slave, Despin's property and suffered her to be carried out of the province. He therefore prayed Brigadier General Ehrenkrook, that Major de Barner might either return to him the said slave with damages or pay to Despin the value thereof.

Upon this complaint an inquiry was made. In the course of this inquiry Joseph Despin did not support his complaint and charge with those legal proofs which could entitle him to recover from Major de Earner thereupon; "or induce a Court of Justice to consider Major de Barner as having either given any others for the taking of, or even had any knowledge touching the intended escape of the Slave." The complaint of Despin was then deemed very justly dismissed.

Upon the dismission of this complaint Major de Barner requested of the Governor satisfaction and punishment upon the accuser, and a notary, one Robin, who prepared notarial acts, in an unbecoming affrontive manner. This request was made under three heads: first, that Despin might be exemplarily punished, not merely for a false dishonoring accusation of Major de Barner, a commanding officer and injurious to his whole battalion, but punishment for the personal insults to Major de Barner and his character; second, that Despin might pay the expenses of preparing and making out writings; and third, that the said Robin, the notary, may be equally punished for using expressions in his acts hurtful and indecent to persons of honor and character.

The Attorney General asserted that there is reason to conclude from the several testimonies appearing in the case, that Despin had lost his slave by means of some soldiers belonging to the Battalion of Chasseurs which Major de Barner Commanded, though not in the least by the orders or with the knowledge or consent of Major de Barner as charged.

One of the most extraordinary stories of the time is told by William Dummer Powell afterwards Chief Justice of Upper Canada, but in 1780[17] and later practising as a barrister in Montreal. "Meeting in the Street of Montreal an armed Party escorting to the Provost Guard several female prisoners and Children," says Mr. Powell, "curiosity was excited and upon engaging the Non-Commissioned Officer commanding the Escort, Mr. Powell was informed that they were Prisoners of war, taken in the Kentucky Country and brought into Detroit by a Detachment of the Garrison and now arrived from thence. Further Enquiry after procuring necessary relief to the first wants of the party, drew from Mrs. Agnes La Force the following Narrative:

"That her husband was a loyal Subject in the Province of North Carolina,[18] having a good Plantation well stocked and a numerous family. That his political Sentiments exposed him to so much Annoyance from the governing Party, that he determined to retire into the wilderness, that he accordingly mustered his whole family, consisting of several Sons and their Wives and Children, and Sons-in-law with their Wives and Children, a numerous band of select and valuable Slaves Male and female, and a large Stock of Cattle, with which they proceeded westward, intending to retire into Kentucky.

"That after" the accidental death of the father they pursued their route to the westward and settled with their Slaves in the wilderness about five hundred miles from any civil establishment. After a residence of three years, a party of regular Troops and Indians from the British Garrison at Detroit appeared in the plain and summoned them to surrender.[18] "Relying upon British faith," says Mr. Powell, "they open'd their Gate on condition of Protection to their Persons and property from the Indians; but they had no sooner surrendered and received that promise than her sons and sons-in-law had to resort to arms to resist the Insults of the Indians to their wives and Slaves.[19] Several lives were lost and the whole surviving Party was marched into Detroit, about six hundred Miles, where the Slaves were distributed among the Captors and the rest marched or boated eight hundred miles further to Montreal and driven into the Provot Prison as Cattle into a Pound."[19]

This story will be credited with difficulty but accident some time after put into the hands of Mr. Powell a document of undeniable credit, which, however, was unnecessary: for on Mr. Powell's representation of the case to Sir F. Haldimand the most peremptory orders to the Commandant at Detroit to find out the slaves of Mrs. La Force in whose ever possession they might be and transmit them to their mistress at Montreal. But Detroit was too far distant from headquarters and interests prompting to disobedience of such an order too prevalent for it to produce any effect; and the commandant acknowledged in answer to a reiterated order that the slaves could not be produced, although their names and those of their new masters were correctly ascertained and the following list transmitted with the order.

List of slaves formerly the property of Mrs. Agnes La Force and in possession of others:

Negro Scipio in possession of Simon Girty[20] do Tim " " " Mr. Le Duc. do Ishener " " " do do do Stephen " " " Captn. Graham. do Joseph " " " Captn. Elliot. do Peggy " " " do do do Job " " " Mr. Baby do Hannah " " " Mr. Fisher. do Candis " " " Capt. McKee. do Bess —Grace Rachel—and Patrick-Indians" —— 13

The case of Mrs. La Force and some similar cases led Haldimand to require Sir John Johnson, the Superintendent of Indian Affairs, to report. He wrote from Quebec, July 16, 1781, "Several complaints having been made upon the subject of selling negroes brought into this Province (Quebec) by scouting parties—who allege a Right to Freedom and others belonging to Loyalists who are obliged to relinquish their properties or reclaim them by paying the money for which they were sold, I must desire that you upon the most minute enquiry give in to Brigadier General Maclean a Return of all Negroes who have been brought into the Province by Parties in any Respect under your Directions whether Troops or Indians, specifying their names, their former masters, whether Loyalists or Rebels, by whom brought in and to whom sold, at what price and where they are at present. I shall direct Cols. Campbell and Clans to do the same by which it will be in my Power to reduce the Grievances now complained of and to make such arrangements as will prevent them in future."

Johnson sent a return of Negroes to Maclean and Maclean July 26, 1781, and they sent it on to Haldimand: Clans and Campbell made returns direct to Haldimand in August of the same year. Fortunately the covering letters are extant as are the reports. There is also one Negro, Abraham, reported in a Return of Rebel Prisoners in and about Montreal as having been taken June 18, 1781; and, therefore, about a year after Mrs. La Force's capture.[21]

"Of the fifty or more slaves named in this list," says Dr. T. W. Smith, "nearly half were sold at Montreal, a few being carried by the Indians and Whites to Niagara. The others were handed to their former owners. 'Charles' 'taken at Balls Town making his escape out of a window in Col. Gordon's house' was sold to the Rev. David C. DeLisle, the Episcopal rector at Montreal, for L20 Halifax currency; Samuel Judah, Montreal, paid L24 for 'Jacob' also a slave of Col. Gordon, a rebel master, but for a Negro girl of the same owner he gave L60; Nero, another of Col. Gordon's slaves, captured by a Mohawk Indian, Patrick Langan sold to John Mittleberger of Montreal for L60; 'Tom' was sold by Captain Thompson of Col. Butler's Rangers for L25 to Sir John Johnson who gave him to Mr. Langan; and William Bowen, a Loyalist owner, sold his recovered slave 'Jack' for L70 to Captain John McDonell of the Rangers. 'William,' who was also sold for L30 to Mr. McDonell and afterwards carried to Quebec, had been taken from his master's house by Mohawk Indians under Captain John the Mohawk with a wagon and horses which he had got ready to convey his mistress Mrs. Fonda wife of Major Fonda to Schenectady ... another Negro man, name unknown, was sold 'by a soldier of the 8th Regiment to Lieutenant Herkimer of the Corps of Rangers, who disposed of him to Ensign Sutherland of the Royal Regiment of New York.'"

Negroes were not the only victims of Indian raids. In 1782 Powell had another experience, which is indicative of the practices of the Indians during the Revolutionary War.[22] In his letter to the Commissary of Prisoners at Quebec he wrote:

Montreal, 22 August, 1782.,

"Sir

I should make an Apology for the Liberty I take but that I consider it a public Duty.

When you were here some time since, I am informed that mention was made to you of a young female slave bought of the Indians by a Mr. Campbell, a Publican of this Town, and that when you learned that she was the Daughter of decent family in Pensilvania[23] captured by the Indians at 10 years of age, your Humanity opposed itself to the barbarous Claim of her Master and you Promised that she should be returned to her Parents by the first Flag with Prisoners.

"In consequence of such a Promise," continued he, "the Child had been taught to expect a speedy release from her Bondage, and, finding that her Name was in the List permitted by his Excellency to cross the Lines with a flag from St. Johns,[24] she imagined that there could be no Obstacle to her Return; but, being informed that Mr. Campbell had threatened to give her back to the Indians, she eloped last Evening, and took refuge in my House from whence a female Prisoner, (sometime a nurse to my children) was to sett off this Morning for the Neighborhood of the Child's Parents. Upon Application from Mr. Campbell to Brigadr. Genl. De Speht setting forth that He had furnished her with money, an order was obtained for the delivery of the Child to her Master and there was no time for any other Accommodation than an undertaking on my part to reimburse Mr. Campbell the Price he paid for her to the Indians. This I am to do on his producing a Certificate from some Military Gentleman, whom he says was present at the Sale. I have no objection to an Act of Charity of this Nature, but all Political Considerations aside, I am of opinion that the national Honor is interested, that this Redemption should not be the Act of an Individual. As Commissary of Prisoners I have stated the Case to you, Sir, that you may determine upon the propriety of reimbursing me, or not, the sum I may be obliged to pay on this occasion.

"That all may be fairly stated I should observe that the Child was never returned a Prisoner,[25] nor has drawn Provisions as such—although there can be no doubt of her political character, having been captured by our Savages."

The reply to this communication was:

"I am favored with your's by Saturday's post and have since layed it before His Excellency the Commander in Chief, and I have the Pleasure to inform you that he approves much of your Conduct and feels himself obliged for your very humane Interposition to rescue the poor unfortunate Sarah Cole from the Clutches of the miscreant Campbell; and I am further to inform you that your letter has been transmitted by his Secretary to the Judges at Montreal, not only to make Campbell forfeit the money he says he paid for the Girl, but if possible to punish and make him an example to prevent such inhuman conduct for the Future; but in any Event you shall be indemnified for the very generous Engagement you entered into."

It has been established that Mr. Powell had redeemed his word the day it was given and paid Mr. Campbell Twelve Guineas[26] on production of a string of Wampum delivered by the Indians with the girl and the money paid by Campbell. A cartel went forward August 22, 1782, and in the list of prisoners sent south appears the name "Sarah Coal."[27] Haldimand gave Mr. Justice Mabane, the man of all work of his administration, instructions to see to it that Campbell did not profit by his inhumanity and also to take such steps that the practice should not prevail for the future.[27]

A petition presented to Haldimand in 1783, however, discloses another transaction with the Indians.[28] Jacob Adams presented the petition December 13 of that year from Carleton Island. He said:

"I have taken a Yankee Boy (by name Francis Cole)[29] with a party of Messesagee Indians—afterwards when I arrived at Carleton Island with the said party of Indians and said Yankee Boy, the Commanding Officer (Captain Aubrey) demanded the Prisoners Vizt. this Boy and an old man[30] the Indians refus'd giving them up on which Capt. Aubrey gave me Liberty to purchase them and so I did by paying sixteen Gallons Rum for the Boy which cost me at this place twenty shillings, York Currency, pr. Gallon,[31] and he the said Yankee Boy was to serve me the term of four years (with his own lawfull consent) for my redeeming him. As for the old man I likewise bought him for two Gallons Rum but Capt. Aubrey requested I should send him Prisoner to Your Excellency. I acted accordingly. I likewise gave a shirt apiece to each of the two Chiefs who belonged to said party in like manner I lost twenty-four shillings York Currency by four Keggs which the above Rum was put into.[32]

"Now, may it please Yr Excellency this said Yankee Boy remained very peaceably and quietly with me for the space of two months during which Time I took him several Journeys to Fort Stanwix and Oswego and whilst I was absent he got acquainted with some of the soldiers on this Island who persuaded him to get off from me and accordingly he got off in the manner following: when Lieut. Peppin of the 5th Regiment and his Party were embarking on board the Haldimand to go to Niagara, he privately got on board and remained there Incog. for one Day and a Night on which I made an application to Mr. Peppin to make a search for him and accordingly he did and found him and likewise brought him before the Commanding Officer who asked the Boy his Reasons for Running away from me: he replied He did not chuse to live with me on which Capt. Aubreay has sent him down as Prisoner to Yr. Excellency.

"May it please Your Excellency I expect your Excellency will please to take my Case into consideration by granting me the Request of being paid for what I have lost by said Prisoner or the Yankee Boy, to be returned to me...."[33]

There were not wanting at this time or later instances of those convicted of crime buying their lives by enlistment for life. One case of a mulatto, a slave, may be here mentioned. A mulatto called Middleton was convicted at Montreal in 1781 of a felony (probably larceny) which carried the sentence of death. He was an expert mechanic of a class of men much in demand in the army and he was given a pardon conditioned upon his enlisting for life. He chose the Second Batallion of Sir John Johnson's Royal American Regiment then in Quebec and was handed over by Sheriff Gray to the officers of that corps after having taken the oath of allegiance administered to all recruits.[34]

Many slaves were employed as boatmen, laborers, and the like, in the army. We find a letter from headquarters at Quebec to Captain Maurer who was at Montreal, dated October 6, 1783, which reads:

"Having had the Honor to communicate to His Excellency, the Commander-in-Chief, your intimation that applications have been made by the Proprietors of some Negro's Serving Capt. Harkimer's (Herkimer) Company of Batteau Men to have them restored to them and desiring to receive His Excellency's Pleasure therein, I am directed to signify to you His Excellency's Commands that all such Negro's to be given up on the Requisition of their owners, provided they produce sufficient Proofs of their Property and give full acknowledgments or Receipts for them which must be taken in the most ample manner to prevent future claims and to have the necessary recourse to those Persons who receive them should different applications be made for the above Negro's."[35]