In 1806, however, the British obtained final control of the Cape, and in 1846 put an end to their former policy of "hands off" by making a British province, called Kaffraria, of all the country lying between the Kei and the Keiskama Rivers. In 1865 this province was formally annexed to and incorporated in the English state, called Cape Colony, which had been set up on the Cape. From this time colony after colony was formed, annexed and incorporated by both British and Boers, the latter of whom had marched northward in "the Great Trek" of 1836. The Boers formed the Republic of Natal in 1838, but moved out in 1842, and Natal was annexed to the British Cape Colony in 1844. The Boers, continuing northward, next set up Transvaal and the Orange Free State. The constitution of the latter bears the date 1854, and of the former 1858.

Cape Colony, Natal, Transvaal and the Orange Free State, then, are the South African States which were set up by British and Boer—now five-sixths Negro and one-sixth European in population. An examination of the constitutions and laws of these republics, as they appear on the statute books and in practice, reveals that the relationship between European and native has not been the same in all of the states.

CAPE COLONY

Cape Colony, farthest south and the oldest of the four states, was founded upon the principle of political equality of all inhabitants, black and white. A proclamation of the Duke of Newcastle (1853) contained the following statement:

"It is the earnest desire of Her Majesty's Government that all her subjects at the Cape, without distinction of class or colour, should be united by one bond of loyalty, and we believe that the exercise of political rights by all alike will prove one of the best methods of attaining this object."[4]

At the first, every activity of the British colonizers seemed to be pointing toward the day when they would relinquish all direct governmental authority and turn it over into the hands of the natives. Districts were under the control of native boards elected by popular vote and sending representatives to the Grand Council. Black and white alike shared the privilege of franchise. Such social distinctions as were made were personal, not sanctioned by law.

NATAL

Natal is likewise a British colony, but from the first has adopted a policy toward the native entirely different from that of Cape Colony. Politically shrewd, she does not flatly deny the right of the native to vote, but by carefully worded legal phraseology so limits the voting class that, in effect, her policy is "No votes for natives." Under date of August 24, 1865, appears a law "disqualifying certain natives from exercising electoral franchise" (the italics are in all cases ours). The following extract is taken from this law:

"Be it therefore enacted by the Lieutenant-Governor of the Colony of Natal, etc., as follows:

"1. Every male native, resident in this Colony, or having the necessary property qualifications therein, whether subject to the operation of the native laws, customs and usages in force in this Colony or exempted therefrom save as in this law provided, shall be disqualified from becoming a duly registered elector, and shall not be entitled to vote at the election of a member of the Legislative Council for any electoral district of the Colony of Natal."[5]

Certain natives, however, may vote. The conditions of their voting are these:

"2. Any male native inhabitant of this Colony who shall show to the satisfaction of the Lieutenant-Governor that he has been resident in this Colony for a period of twelve years, ... and who shall possess the requisite property qualifications, and shall have been exempted from the operation of Native Law for a period of seven years, and who shall produce to the Lieutenant-Governor a certificate signed by three duly qualified electors of European origin ... a statement to the effect that the Justice or Magistrate endorsing said certificate has no reason to doubt the truth of said certificate, ... shall be entitled to petition the Lieutenant-Governor of Natal for a certificate to entitle him to be registered as a duly qualified elector....

"5. The Lieutenant-Governor may, at his discretion, grant or refuse to any native applying in manner aforesaid for such certificate entitling him to be registered as a duly qualified elector...."[6]

This franchise law was amended in 1863, as follows:

"6. No person belonging to a class which is placed by special legislation under the jurisdiction of Special Courts, or is subject to special laws and tribunals, shall be entitled to be placed on the Voters' List...."[7]

When it is understood that special laws for natives, and for natives only, are actually a part of the Natal Code, the effect of this amendment may be seen.

TRANSVAAL AND THE ORANGE FREE STATE

The two republics founded by the Boers have at least the virtue of frankness in their make-up; for, without the circumlocution of their neighbors in Natal, they flatly and expressly withhold from the native all rights of citizenship. The following extracts from Transvaal law are sufficient evidence of this fact:

From the Grondwet (or Constitution) of Transvaal (February, 1858):

"9. The people desire to permit no equality between coloured and white inhabitants, either in church or state.

. . . . . . . . . . . . . . . . . . . . . .

"31. ... No coloured person or half-castes shall be admitted to our meetings."

From a law of June 12, 1876:

"No person not regarded as belonging to the white population of the South African Republic shall be enrolled as a burgher possessing the franchise according to Article 9 of the Grondwet."[8]

A resolution of the Volksraad, June 18, 1885, runs thus:

"159. When a male person has been recognized as a burgher of this Republic, his wife shall thereby also be recognized and remain a burgheress of this Republic.

"All coloured people are excluded from this provision, and (in accordance with the Grondwet) they may never be given or granted rights of burghership...."

So much for Transvaal. The Constitution of the Orange Free State, adopted April 10, 1854, contains a provision restricting the right of suffrage by incorporating throughout the law the term all white persons. In short, the Boer plainly and bluntly disdains to use the diplomatic phraseology of the British statesman. He shuts the door of hope in the native's face, without apology or equivocation.

THE UNION OF SOUTH AFRICA

Such was the state of affairs in 1910, Cape Colony granting absolute citizenship to all inhabitants, Natal cleverly refusing it to natives, Transvaal and the Orange Free State flatly withholding it. In 1910, however, long-continued propaganda in favor of bringing the Boer and British states together, to be thenceforth under a common government, bore fruit, and the four republics united to form the Union of South Africa.

The day of the passage of the act of union (called the South Africa Act) was an ill one for the South African native. Cape Colony, the one benevolent and fair-minded state, could not help but be over-ruled by the three states whose policy toward the native was one of oppression and political non-representation. Hence the South Africa Act (1909) contains the following provisions:

"IV.—(26) The qualifications of a senator shall be as follows—He must . . . . . . . . . . . . . . . . . . . be a British subject of European descent.

. . . . . . . . . . . . . . . . . . . . . . . . . . . .

36. ... the qualifications of parliamentary voters, as existing in the several colonies, at the establishment of the Union, shall be the qualifications necessary to entitle persons in the corresponding provinces to vote for the election of members of the House of Assembly.

. . . . . . . . . . . . . . . . . . . . . . . . . . . .

44. The qualifications of a member of the House of Assembly shall be as follows—He must . . . . . . . . . . . . . . . . . . . . . . be a British subject of European descent."[9]

In other words, no native can be a member of the South African Parliament. Even if the natives of Cape Colony, who have the right of franchise under section 36 above; for they had it "at the establishment of the Union"—even if they should elect one of their number to represent them, such duly elected person could not be seated. Under the laws of the Union, then, the Cape Colony right of franchise has been nullified and "the Bantu and coloured people in the Provinces of Natal, Transvaal and Orange Free State are unrepresented in the Union Parliament, and those of the Cape Province are but indirectly represented. The five million coloured peoples in the Union have no direct representation, and the one million, five hundred thousand white people have all the representation and say."[10]

Now, although the natives are not eligible for election to the South African Parliament, they have a deliberative body, known as the South African Native National Congress, to which native representatives are sent from all districts. With no legislative authority, however, this body can only discuss legislative measures which have been proposed before the South African Parliament when such measures affect the natives, and it may use "all available constitutional methods" for or against the proposed measures. But of what avail to protest against a law when the persons to whom the protest must be made are those who have enacted the law? An appeal to the British government would be useless, for the British government has declared that the Union of South Africa is "self-governing."

Such, in brief, is the political status of the Negro in British South Africa, and the government of Great Britain, having set up "self-governing South Africa," has thus far refused to come to the rescue of the natives. As a member of the British Parliament said during the debate on the Union Bill, "it [the proposal for unification] is the unification of the white races to disfranchise the coloured races, and not to promote union between all races in South Africa." The passage of the Union Bill sounded the political death knell of the South African native.

His economic condition is equally as disheartening. When the Union was set up, native employees of the government in the railway, post office, telegraph and civil service systems were discharged in large numbers and their places were given to Europeans. Enforced labor of natives is statutory in Natal, and a tax upon natives, from which they are exempted upon certification that they have worked for a certain number of months during the year, is levied throughout Cape Colony. The most iniquitous feature of the economic status of the native South African, however, is that which resulted from the passage, in 1913, of the Natives' Land Act "to take effective measures to restrict the purchase and lease of land by natives" by setting apart certain areas in which natives were not permitted to acquire land. It assigned approximately 21,500,000 acres of land to the 5,000,000 natives, reserving 275,000,000 acres for the 1,500,000 white inhabitants. Natives who were living within the area set aside for white inhabitants had to sell their grain and stock and either move their families to an area assigned to natives or hire themselves out to white men. This condition has existed, moreover, since 1913. Recently, however, the Natives' Land Act has been declared to be without effect, because its provisions conflict with those of the original South Africa Act; but, as Mr. Molema remarks, the South Africa Act is easily amended. There is nothing in the past record of the Union to indicate that an amendment to cover the Natives' Land Act will not be incorporated in the Constitution, thus making the natives' serfdom permanent.

Since the native South African is a political and economic nonentity, it is not surprising to note that, socially, he is on one side of a great gulf fixed between him and his white neighbors. The South African native is indeed a social outcast. Portions of the following extract, describing social relations in South Africa, should ring familiarly in American ears:

"The peculiar colour-prejudice of South Africa ... finds expression everywhere—in the streets, in the public buildings, in the public conveyances, in the press, nay, in the church itself. Thus, if a black man were to try to get into an hotel, let his education be what it will, he would be refused admission; but supposing he did manage to enter somehow, if he appeared at table, all the whites would leave it.... All over South Africa whites will not mix with blacks in railway compartments, tramcars or post-carts....

"Bantu children and European children are provided with separate schools.

"... On that lavatory you see written 'Gentlemen,' and there only white men may go. On that other lavatory you see written 'Amadoda' (men), and this is meant for black men.

"One would expect that the distinction would not go the length of the church, but it does so with sober earnestness....

"The average white man in South Africa would never think of shaking hands with a black man. The ordinary terms of courtesy are purposely avoided by him, and such a prefix as 'Mr.' or 'Mrs.' in association with a black man's or woman's name never escapes his lips....

"'A single case of marriage between white and black by Christian rites will fill the newspapers with columns of indignant protest, but illicit intercourse, even permanent concubinage, will pass unnoticed.'"[11]

The American Negro, it may be said, habitually thinks of himself as the most unfortunate of God's creatures, but his South African brother is still more unfortunate. Separate schools, separate churches, separate waiting-rooms, "jim crow cars"—with these the American Negro is familiar. With few exceptions, however, he may work independently, unlike the South African native, and at his own calling. He may acquire as much property as he can pay for. If he will "go North" for his education, he may sit at the feet of the best scholars his country produces. Direct representation in state legislative bodies is not unknown to him, and direct representation from some districts to the National Congress seems to be at hand. The trend of the American Negro is upward, but the South African native remains on an unchanging plane of misery and oppression. For the American Negro, in spite of discrimination, lynching and riot, the star of hope shines with ever-increasing luster, but its beams, at the present time, seem scarcely to reach his South African brother. The British protectorate of self-governing South Africa has not been a boon to the South African native, for the home government has abandoned him to the hands of his oppressors.

D. A. LANE, JR.

FOOTNOTES:

[1] The facts concerning South Africa herein given are obtained from select constitutional documents in the appendix of The Bantu, by S. M. Molema. This book was published by W. Green and Son, Ltd., Edinburgh, 1920.

[2] Molema, The Bantu, p. 220.

[3] Ibid., p. 237.

[4] Molema, The Bantu, p. 241.

[5] Molema, The Bantu (appendix), p. 378.

[6] Ibid.

[7] Ibid., p. 378.

[8] Molema, The Bantu, p. 368.

[9] Molema, The Bantu (appendix), p. 384.

[10] Molema, The Bantu, pp. 245-246.

[11] Molema, The Bantu, pp. 264-266.



THE BAPTISM OF SLAVES IN PRINCE EDWARD ISLAND

Somewhat early in the history of Christianity the thought became manifest that it was at least questionable for one to hold a fellow-Christian in slavery. This went so far that at length it became "fireside law" that the baptism of a pagan slave ipso facto effected his emancipation. There was no foundation for this view in positive law, but it appears from time to time in non-legal and quasi-legal writings.

For example, The Mirror of Justice, written in Norman French in Plantagenet times, about the end of the thirteenth century, has it: "Serfs devenent francs en plusours maneres, ascuns par baptesme sicom est de ceux Sarrazins qe sont pris de Christiens ou achatez e amenes par de sa la meer de Grece e tenent cum lur serfs ..."; i.e., "Slaves become free in various ways—some by baptism, as is the case with those Saracens who are captured by Christians or purchased and brought from beyond the Sea of Greece and held as their slaves." The Mirror, while received as high authority even by so learned and capable a lawyer as Sir Edward Coke, Lord Chief Justice of England, is now quite discredited, the latest editor, Sir Frederick Maitland, going so far as to say of the author, "The right to lie he exercises unblushingly."

Nevertheless the book, while nearly, if not quite, worthless as an authority as to what the law actually was, is very valuable as showing what an intelligent layman at the time thought it was. The fear that baptism set a slave free was undoubtedly present among both the French and the English planters in America, including the West Indies; and this fear had much to do with their determined objection to missionary effort among the slave population. The Code Noir relieved the fears of the French in this regard; but I find no legislation on the matter in the English Settlements until 1781.

Prince Edward Island (formerly the Island of St. John) had a number of slaves, as had the other British North American Colonies; and in 1781 the Legislature of the Province passed an act respecting them (21 George III, c. 15 (P. E. I.)). This act, with the others passed in the same session, was transmitted by Governor Walter Patterson to the Home Government in a dispatch, March 1, 1781, to Lord Stormont (Earl of Mansfield), in which he says: "There will be no need to trouble your Lordship with more than the titles of the above-recited acts to show the reasons which induced me to consent to their becoming laws." From a perusal of the act it will at once be seen that the statute went far beyond the title and fixed the status of slavery upon "all Negro and Mulatto servants" then on the island, or thereafter to be imported (being slaves), and provided that they should continue to be slaves until freed by the owner. The act reads:

"AN ACT declaring that baptism of slaves shall not exempt them from bondage.

"WHEREAS some Doubts have arisen whether Slaves by becoming Christians, or being admitted to Baptism, should, by Virtue thereof, be made free:

"1. Be it therefore enacted by the Governor, Council and Assembly, That all Slaves, whether Negroes or Mulattos, residing at present on this Island, or that may hereafter be imported or brought therein, shall be deemed Slaves, notwithstanding his, her or their Conversion to Christianity; nor shall the Act of Baptism performed on any such Negro or Mulatto alter his, her or their Condition.

"2. And be it further enacted, That all Negro and Mulatto Servants who are now on this Island, or may hereafter be imported or brought therein (being Slaves), shall continue such, unless freed by his, her or their respective Owners.

"3. And be it further enacted by the Authority aforesaid, That all Children born of Women Slaves shall belong to and be the property of the Masters or Mistresses of such Slaves."

This statute had absolutely no effect to stay the evolution of a strong public opinion against the institution of slavery. The latest recorded sale of a slave was in 1802, and slavery gradually died out as a fact, although it was possible in law until the Imperial Act of 1833, freeing all slaves under the British flag.

Before the culminating emancipation act, however, the Provincial Legislature had repealed the obnoxious statute of 1781. The act of 1825, 5 George IV, c. 7 (P. E. I.), reads:

"AN ACT, to repeal an Act, made and passed in the twenty-first year of His late Majesty's Reign, intituled 'An Act declaring that BAPTISM OF SLAVES shall not exempt them from BONDAGE.'

"WHEREAS by the aforesaid Act Slavery is sanctioned and permitted within this Island, and it is highly necessary that an Act so entirely in variance with the laws of England and the Freedom of the Country should be forthwith repealed, and Slavery forever hereafter abolished in this Colony.

"Be it therefore enacted by the Lieutenant Governor, Council and Assembly, That from and after the passing hereof the said Act, intituled 'An Act declaring that Baptism of Slaves shall not exempt them from Bondage,' and every Clause, Matter and thing therein contained, be, and the same is hereby, repealed.

"Provided always, That nothing herein contained shall have any effect until His Majesty's Pleasure shall be known."

The act was transmitted by the Lieutenant-Governor, Colonel John Ready, in a dispatch to Secretary of State George Canning, of date November 8, 1825, in which he says: "The preamble explains the reasons for passing this act." The bill received the Royal approval and became law. But it will be seen that, while the act of 1781 went further than its preamble, that of 1825 fell far short. It did not abolish slavery, but simply repealed the previous act.

WILLIAM RENWICK RIDDELL.

OSGOODE HALL, TORONTO, March 24, 1921.



DOCUMENTS

From the Proceedings of the American Convention of Abolition Societies may be obtained valuable information in the form of the reports as to slavery, the appeal of the anti-slavery groups to Congress, and their addresses to the citizens of the United States. There is unconsciously given in these documents most interesting facts as to what the Negro was doing and what was being done for him. The important documents falling within these three groups follow.

* * * * *

The Report of the Committee on the State of Slavery in the United States, being again considered, was amended and adopted as follows.

To the American Convention for the Abolition of Slavery, Ec.

The committee appointed (at the last session of the Convention) on the state of slavery in the United States, beg leave to report as follows:

Your committee were rather at a loss to perceive the precise design of the Convention, in the appointment of a committee on the state of slavery in the United States. But have thought proper to review the subject; first with reference to its progress; secondly in reference to the situation or treatment of slaves; and thirdly in reference to the prospect of its diminution or final removal.

First. In reference to the progress of slavery in the United States, your committee find that at the time of the first census under the Constitution in 1790, there were 694,280 slaves in the Union. These were with the exception of about 40,000, confined to a surface of about 212,000 square miles. In 1800, the number was 889,118 on a surface of 289,000 square miles or nearly so! In 1810, the number was increased to 1,191,364 and covered an extent of territory of about 431,000 square miles! At the time of the last census in 1820, the slaves in the United States and territories amounted to 1,538,178, and your committee have good reason to believe that the number at the present time or at the census of 1830, will be found to be about two millions, occupying a territory including Arkansas, of nearly 600,000 square miles!!

Your committee have been surprised at the result of their own enquiries, for they had fondly hoped that the dreadful evil was if not diminishing, at least advancing with less rapidity. From various estimates, on which your committee place much reliance, they are confirmed in the opinion, that the increase (independent of clandestine importations) must amount at the present time to at least near 50,000 per annum.

As this increase like that of population generally, is in its nature, a geometrical progression, it must continue to augment, as long as subsistence can be obtained. This view of the subject is truly alarming; but when we consider the extent of territory which is overspread by this foul blot on the map of our beloved country, the heart sickens at the prospect.

To behold 600,000 square miles of the best land in North America, teeming with slaves,—a surface greater, than that of many European kingdoms, held too by men who are constantly boasting of their love of liberty; sending up daily to Heaven, the sighs and groans of millions of broken hearts, while the sweat and tears and even the blood of thousands moisten its soil, must excite deep emotion in every breast, not dead to those feelings which become the patriot, or animate the Christian. But furthermore your committee are of opinion that if the scheme, of adding a large portion of Mexican territory, to our south-western border, should be consummated, the price of slaves will be so enhanced and the facilities of smuggling so much increased, that the African slave trade will be greatly augmented, as well as the practice of kidnapping in the more eastern parts of our own country. So that upon the whole, your committee are of opinion, that slavery is fearfully on the increase, and that every effort is making, by many of those interested in its continuance, to multiply its victims and extend its influence. This state of things calls loudly on every friend of his country, on every friend of man, to use every effort in his power, to arrest the torrent of misery and crime.

Secondly. On the treatment of slaves,—your committee have long indulged an opinion which they believe is common with their fellow-citizens, that slaves in this country are somewhat better treated than formerly. This opinion seems to prevail to an extent which your committee fear, is not sustained by facts. A writer in Niles's Register for 1818, says, speaking on this subject, "The favourable change which has occurred in the treatment of negro slaves in this state (Maryland) since the revolution, must be to every benevolent mind a source of very agreeable reflections, our oldest citizens well remember when it was very customary to inflict on the manacled and naked person of the slave, the most intolerable punishments for very trivial offences. Within the last twenty years it has been the practice to muster all the slaves on a farm once a week, and distribute to each his peck of corn, leaving him to walk several miles, to some neighbours hand mill, to grind it himself, under cover of night, when exhausted nature called for rest from the labours of the day; in many cases they received not an atom of animal food, and their usual bedding was a plank, or by particular kindness a single blanket."

The above writer does not specify any particulars in which the improvement spoken of is apparent, but we think all will admit that a very considerable improvement might be accomplished, and yet the treatment might be such as could not be called good. He adds however that "much remains to be done, which the obligation of humanity require."

Your committee are of opinion, that in consequence of what has been written, spoken, and done by the friends of abolition, much light has been diffused through the community even in the slave holding states, and many masters restrained by the force of public opinion, thus enlightened, have abstained from cruelties which they would otherwise have inflicted; yet we cannot but believe, that very much anguish of heart, and exquisite sufferings of body are endured by this unhappy race, even in Maryland: (and we believe they are used as well here, as in any other part of our country.)

The multitudes that are annually sold to the southern markets, by which parents and children are violently separated, and all the ties of consanguinity rent asunder, if no other indication of bad treatment were discovered; would itself speak volumes.

The treatment of slaves may be estimated with some degree of accuracy by the laws which are in force respecting them. The laws of the land are always understood to be intended for the protection of the subject, but with respect to negro slaves (in the slave states) they have an effect directly the reverse. So far from securing him in the enjoyment of happiness, his very life is placed at the mercy of any white man, (especially of his master or overseer) who may take the opportunity to kill him in the absence of any other free white person. Resistance to the will of the master, may be punished with stripes, and if the resistance amount to striking, may be punished by imprisonment and whipping; and for a third offence the slave may suffer death! It will be perceived that by the operation of those laws, a virtuous female slave, may suffer death for defending her chastity against the ruffian assaults of a debauchee. The manner in which those laws are administered in some of the states, frequently occasions great outrages upon the common charities of our nature. The discretion rested in a court of two or three freeholders, or a single magistrate, over the persons of the accused is often exercised with great severity. In Stroud's Slave Laws, we have an account of the burning to death of a negro woman, under a law of South Carolina, so late as 1820. (See page 124, in the note.)

It appears also that the mental improvement of the slave is a thing generally deprecated by the master, and in some cases provided against by law. (See Niles's Register, April 21, 1821.)

How deplorable must be the state of that community, which supposed its safety to depend on keeping one half of its members totally ignorant, and not even able to read the Holy Scripture.

How contrary to the nature of man? how offensive in the sight of that God who "has made of one blood all nations of men to dwell on all the face of the earth!"

It furthermore appears that in transporting slaves from one part of the nation to another, either in the domestic slave trade or in large bodies by removals of planters, &c. they are usually chained and handcuffed, or otherwise manacled, like the vilest criminals, &c. &c.

In considering the treatment of slaves, your committee deem it necessary to notice the amount and quality of labour required of them. In some cases this is known to be extremely severe, and attended with many aggravating circumstances. Such as scarcity of supplies which are sometimes insufficient, and frequently of very inferior quality: exposure to disease, and want of proper attention in the incipient states of sickness. The cultivation of rice one of the great staples of the Carolinas, is an instance to illustrate this point. Mr. Adams in his Geography says, "the cultivation is wholly by negroes. No work can be imagined more laborious or more prejudicial to health. They are obliged to stand in water often times mid-leg high, exposed to the scorching heat of the sun, and breathing an atmosphere poisoned by the unwholesome effluvia of an oozy bottom and stagnant water."

It appears therefore, that in the treatment of slaves in general, as well as in the legal provisions respecting them, the interest, convenience, security and inclinations of the master, constitute the only object in view; the comfort or even safety or health of the slave makes no part of the consideration, any further than it is supposed, to promote one or the other of the former. Finally after taking a rapid view of this part of the subject, your committee are led to doubt whether the evils of slavery are materially lessened in certain portions of our beloved country, notwithstanding all that has been done in favour of manumission, colonization and abolition of the slave trade, &c. &c. and what it might have been at this time, if no efforts had been made to arrest its progress, is beyond human wisdom to determine.

Thirdly, In reference to the diminution or the final extinction of slavery in the Union, your committee remark, that it seems to be the expectation of all, that it must at some period cease to exist, an evil so tremendous—a practice so completely at war with all the principles of justice, mercy and truth, so repugnant to all the best feelings of human nature, and fraught with such fearful consequences to society; cannot but excite in every reflecting mind a strong desire that it should be removed. In view of the divine government, which rules all with justice and righteousness, the human mind is naturally led to expect that such oppression and cruelty must have an end.

But how this revolution in society is to be brought about, perhaps no human foresight can yet divine. If our slave holding fellow citizens could be induced to establish schools for the instruction of the rising generation among the blacks, and thus qualify them for self government, which every principle of equity requires they should do, and to teach them by precept and example the importance of moral obligation; one of the greatest obstacles would be removed. If they would introduce among them a sacred regard for the social duties, arising from marriage, and from the relations subsisting between parents and children; they might with perfect safety and great advantage to the state, be emancipated. A few years of effort of this kind, would form a class of men from whom the nation would not only have nothing to fear; but on whom she could safely rely for aid in her greatest emergency. In their present condition of abject slavery what can be expected of them, but that they should lay hold on every apparent opportunity, of regaining their freedom, and ever retorting on the masters the evils they have suffered?

Facts uniformly sustain this position; what multitudes of slaves joined the enemy during his temporary invasions of our southern coasts in the late war, notwithstanding all the efforts of the whites to prevent it? While on the contrary none were found more efficient in repelling his attacks than the free blacks of the south. Such was their zeal and valour in defence of Louisiana, that General Jackson, the present Chief Magistrate of the Union; bestowed on them the following eulogium.

"TO THE MEN OF COLOUR."

"Soldiers! From the shores of Mobile I collected you to arms; I invited you to share in the perils, and to divide the glory of your white countrymen. I expected much from you, for I was not uninformed of those qualities which must render you formidable to an invading enemy. I knew that you could endure hunger and thirst, and all the hardships of war.—I knew that you loved the land of your nativity! and that like ourselves you had to defend all that is dear to man. But you surpass my hopes. I found in you united to those qualities, that noble enthusiasm which impels to great deeds." In a subsequent communication, the General in numerating the officers whose commands had distinguished themselves, makes honourable mention of the one who led these troops in the different actions of that memorable campaign. There are many circumstances which encourage the hope, that the time is drawing nigh when the African race shall enjoy the sweets of liberty. Their successful attempt at self government in St. Domingo, under so many disadvantages, the abolition of slavery in several of the South American provinces, and recently in Mexico, and the efforts of the British nation in their behalf, together with many other co-operating causes seem to indicate the interposition of Divine Providence in favour of the oppressed. In HIS Almighty hand, the most inefficient causes sometimes produce the most astonishing effects, and often the very means made use of to rivet the chains of oppression are so overruled by Him as to burst the bonds they were designed to perpetuate. We may therefore rest assured that He will in his own good time crown our labours with complete success, by bringing deliverance to the captive "and the opening of the prison doors to them that are bound." In the mean time let every friend of the cause remember that he has a duty to perform. Let the result be what it may, he is equally bound to oppose as far as possible, the growing evil.

It becomes us therefore to enquire how this may most effectually be done. Our opposition should be peaceable but firm. It should be the opposition of brothers not of enemies, it may be shewn by acts of kindness and forbearance, but it must be opposition and it must be shown. It may exhibit itself in peaceable efforts to protect the rights of free blacks, and instructing their offspring, or it may be shown by rational attempts to enlighten the public mind on the subject, or in encouragement of those publications that are so employed; or by memorials to congress and the state legislature, &c. &c.

Our means of considerable efficiency for exciting the public mind to the consideration of the injustice and impolicy of slavery, may probably be found in the persevering efforts now making on the part of many friends of abolition to encourage the creation and consumption of the products of free labour.

We cannot withhold the tribute of our respect and admiration from those patriotic females, who have associated for this purpose both in England and America, and heartily, recommend their example, as one worthy of universal imitation.[1]

WM. KESLEY, CHAIRMAN.

A TABLE SHEWING THE RECOMMENDATIONS AND REQUISITIONS OF THE CONVENTION OF 1796, AND OF FORMER CONVENTIONS, AND HOW FAR THEY HAVE HITHERTO BEEN COMPLIED WITH BY EACH SOCIETY.

I. To send delegates to a Convention to meet at Philadelphia in May, 1797.

New-York Society, complied. New-Jersey society, ditto. Pennsylvania society, ditto. Maryland society, (at Baltimore) ditto. Choptank society, (Maryland) ditto. Alexandria society, (Virginia) ditto. Virginia society, (at Richmond) ditto.

Rhode-Island, Connecticut, Washington (Pennsylvania,) Wilmington, (Delaware,) Delaware, Chester-town (Maryland,) Winchester, (Virginia) and Kentucky societies sent none.

II. To transmit certified copies of all the laws in the respective states relating to slavery; as well of those repealed as of those in force.

Connecticut transmitted in 1795. New-York, in 1797. New-Jersey, in 1796. Pennsylvania, in 1797. Maryland, in 1797. Virginia and Alexandria in 1797.

a copy of professor Tucker's dissertation on slavery, which contains the substance of all the laws of Virginia respecting slavery from its settlement till 1794. Copies of the laws since that period also sent.

Rhode Island, Delaware, and Kentucky societies have not yet transmitted.

III. To forward correct lists of the officers and other members of each respective society.

New-York complied in 1796 and 1797, number of members two hundred and fifty.

New-Jersey complied partially.

Pennsylvania complied in 1797. Members five hundred and ninety-one.

Wilmington complied in 1796. Members about sixty.

Maryland complied in 1797. Members two hundred and thirty-one.

Choptank complied in 1797. Members twenty-five.

Alexandria complied in 1797. Members sixty-two.

Virginia complied in 1796 and 1797. Members one hundred and forty-seven.

Rhode-Island, Connecticut, Washington, Delaware, Chester-town, Winchester and Kentucky societies have not yet sent lists of their members.

IV. An account of the proceedings of each society in relieving persons unlawfully held in bondage.

New-York. Since January 1796, have had complaints from ninety persons, Africans or of African descent—twenty-nine freed on the law prohibiting importation—seven as free born—two unsuccessful—heavy damages recovered in some instances—twenty-one cases now in suit—nineteen under consideration.

New-Jersey, Society. Many manumissions have been effected since January 1796, but no precise information is yet received to what number and under what circumstances.

Pennsylvania Society. It appears from the minutes of the acting committee of the society, that many hundreds of Africans have been liberated through their aid since the institution of the society.

Wilmington Society. Has sent a list of persons liberated by their agency up to 1796, amounting to eighty since 1788.

Maryland Society at Baltimore. A variety of suits were instituted against the unlawful holders of slaves last year, and in consequence many have been liberated—there are several suits now pending in law, which are expected to have the like favorable issue.

Choptank Society. This society has exerted itself in favor of the Africans, for seven years; and been the instrument of liberating more than sixty individuals, and has failed but in a single application to a court of justice in their behalf.

Alexandria Society. Twenty-six complaints made to the society—six persons relieved on the law against importation; five will probably be relieved, the other fourteen cases on which as well as on the above suits are pending are doubtful. A suit in Norfolk court and one in North Carolina now carrying on at the expense of this society.

Virginia Society. Nothing of material importance since the convention of 1796. Suits commenced before now pending in behalf of between twenty and thirty persons.

Rhode-Island, Connecticut, Washington, Delaware, Chester-town, Winchester, and Kentucky societies sent no account.

V. A Statement of the condition of the blacks in each State both bond and free, with respect to the property of the free, and the employment and moral conduct of all.

New-York. The number of people of color in the state of New-York not known—exceeds two thousand—in the city names of one thousand collected—of these more than half are free, employed as servants, labourers, sailors, mechanics, &c.—a few are small traders—condition tolerable—many in town and country freeholders—several worth from three hundred to thirteen hundred dollars—various associations among the free blacks for mutual support, benefit and improvement—one has a lot for a burying ground and the site of a church worth fifteen hundred dollars. In a state of progressive improvement.

New-Jersey. Condition, as to enjoyments of life and respectability, much the same as in New-York.

Pennsylvania. Complied with in 1796. See the minutes of the convention of that year—page 20 and 21.

Maryland at Baltimore & Choptank. The condition of the blacks from the information this society has received is greatly ameliorated, and some few of the free are enabled to provide for themselves without manual labor—moral conduct equal to that of the whites in like circumstances—minute information not yet obtained.

Alexandria. Generally slaves—their treatment less rigourous than formerly—moral conduct of the free generally good—as labourers preferred to the whites.

From Rhode-Island, Connecticut, Washington, Wilmington, Delaware, Chester-town, Virginia, Winchester and Kentucky Societies,—none sent.

VI. Reports of trials and adjudications relative to Africans.

New-York. A bill for the gradual abolition of slavery brought into the Legislature at their last session, but postponed till the next session.

New-Jersey. A bill brought into the last session of the Legislature for a gradual abolition of slavery which is postponed to the next session as in New-York.

Pennsylvania. A bill for the total abolition of slavery was brought into and read in the House of Representatives near the close of the last session of the Legislature, but lies over to the next session.

Maryland at Baltimore. No attempt has been made since the Convention of 1796.

Alexandria. Have drawn up and mean to present to the next Legislature, a remonstrance against a late law of the State which is peculiarly severe against Africans.

Rhode-Island, Connecticut, Washington, Wilmington, Delaware, Chester-town, Choptank, Virginia, Winchester, and Kentucky societies transmitted no information.

VIII. The progress made in extending to Africans the benefits of instruction.

New-York. House and lot for a school purchased by the society since January 1796—school has existed many years—more flourishing now than ever—property of the society for its accommodation worth upwards of three thousand five hundred dollars—annual expense of the school one thousand dollars—has a master, usher and mistress—scholars taught reading, penmanship, arithmetic, English grammar and geography—girls (additionally) needle work—number one hundred and twenty-two—boys sixty three girls fifty-nine—improve fast and behave as well as any other children—evening school in the winter for free blacks, adults—taught by the master and usher of the society's school—number, forty-four—usher a black man.

New-Jersey. Nothing done by the society—a bill is now pending before the Legislature providing for the instruction of all children in the state, which, if carried, will include the Africans as well as the whites.

Pennsylvania. Within the city and liberties of Philadelphia there are at present seven schools for the education of people of colour; at which perhaps near three hundred scholars of both sexes usually attend—two other schools are about to be opened for the same purpose.

Maryland at Baltimore. Several children of Africans and other people of color now under a course of instruction—an academy (of which no notice was given to the last convention) will be opened the ensuing season, and suitable teachers provided.

Alexandria. A Sunday school opened by this society in December, 1795, for the reception of Africans and their descendants—the number of scholars who usually attend is one hundred and eight—they are instructed in reading, penmanship and arithmetic.

From Rhode-Island, Connecticut, Washington, Wilmington, Delaware, Chester-town, Choptank, Virginia, Winchester, and Kentucky societies—no information received.

IX. To establish periodical discourses on the subject of slavery and the means of its abolition.

Connecticut. No information this year—there have been seven or eight discourses delivered before the society, the greater part of which have been printed and circulated extensively.

New-York. The first annual discourse delivered before this society the twelfth of April, 1797.

Pennsylvania. Not deemed necessary in this state, where the general sentiments of the people are, in a great degree, congenial with those of the society.

Maryland. Complied with.

Rhode-Island, New-Jersey, Washington, Wilmington, Delaware, Chestertown, Choptank, Alexandria, Virginia, Winchester, and Kentucky Societies transmitted no information on the subject.

X. To keep accurate registers of all deeds of manumission executed within the precincts of each society.

New-York. Attended to by this society from the first, so far as depended on itself.

Pennsylvania. A register of manumissions kept by the acting committee.

Maryland at Baltimore, and Choptank. The society preserve a register—and all manumissions are matter of record in the county courts.

Alexandria. A register is kept by the society, manumissions are recorded in the court of Common Pleas.

Virginia. Deeds of emancipation are recorded in the county courts.

From Rhode-Island, Connecticut, New-Jersey, Washington, Wilmington, Delaware, Chester-town, Winchester and Kentucky societies—no information.

XI. To distribute suitable publications tending to promote the design of the institutions.

New-York. Attended to partially.

New-Jersey. Attended to generally.

Pennsylvania. Faithfully attended to.

Alexandria. Attended to, and a new publication is soon to be made on the subject of slavery.

From Rhode-Island, Connecticut, Washington, Wilmington, Delaware, Maryland, Chester-town, Choptank, Virginia, Winchester, and Kentucky societies—no information.

XII. To endeavour to free negroes from St. Domingo retained here as slaves, contrary to the decree of the National Convention of France.

Pennsylvania. Acted on as cases have occurred—from the other societies—no information.

XIII. To discourage the use of articles manufactured by slaves.

No particular measures on this subject are represented as being adopted by any of the societies.

XIV. To distribute the address to the free people of color from the convention of 1796.

New-York, New-Jersey, Pennsylvania, Maryland, and Alexandria societies,—done.

Choptank society. Not received till late by this society.

Virginia society. Done in part.

From Rhode-Island, Connecticut, Washington, Wilmington, Delaware, Chester-town, Winchester, and Kentucky societies—no information.

XV. To send copies of the constitutions of the respective societies.

Connecticut. Sent.

New-York. Sent the original in 1796, and the revised one in 1797.

New-Jersey. Sent in 1796.

Pennsylvania. ditto.

Wilmington. ditto.

Maryland. ditto.

Alexandria. Sent in 1797.

Virginia. Sent in 1796.

Rhode-Island, Washington, Delaware, Chester-town, Choptank, Winchester, and Kentucky societies sent none.[2]



A PLAN FOR THE GENERAL EMANCIPATION OF SLAVES.

"We hold these truths to be self-evident, that all men are created equal; that they are endowed by their Creator with certain unalienable rights; among these are life, liberty, and the pursuit of happiness that to secure these rights, governments were instituted, deriving their just powers from the consent of the governed." (Declaration of Independence.)

These self-evident truths, thus solemnly promulgated, and always admitted in theory; at least in relation to ourselves; are well-known to be partially denied or disregarded, in most sections of the union, in relation to the descendents of the African race. That a nation professing the justice of its laws, should contain a population, amounting to nearly one-seventh of the whole, who know little of the operation of those laws, except as instruments of oppression, is one of those political phenomena, which prove how little the patriot's boast, or the creator's declamation is guided by the light of truth.

It must be admitted that it would neither be politic nor safe, for the present system of slavery in the United Sates to be long continued, without providing some wise and certain means of eventual emancipation.

Slavery with its present degrading characteristics, is a state of actual hostility between master and slave, in which "a revolution of the wheel of fortune, in exchange of situation, is among possible events; and this may become probably by supernatural interference! The Almighty has no attribute which can take part with us in such a contest."—Jefferson.

It is a truth generally acknowledged, that Slavery is an evil, not only by those whom principle, or education have taught to proscribe the practice, but by men of reflection, even in the very vortex of slavery. To condemn then, what few, if any, will presume to defend is rendered unnecessary; and the ingenuity of the philanthropist would be more judiciously exercised in devising a practicable remedy for this deep-rooted disease, than in heaping reproaches upon these, who, by the conduct of their ancestors, are placed in the condition of masters of slaves. Few of those who from their childhood, have been placed in situations far removed from the scenes which slavery exhibits, can fully appreciate the difficulties, the vexations, and the anxieties, incident to the life of a slaveholder. To devise a plan, then, by which the condition, both of the master and slave may be meliorated, is a desideratum in the policy of this country:—A plan which will promote the immediate interest of the master, in the same ratio, that the slave is made to rise in the scale of moral and intellectual improvement; and which will eventuate in the ultimate enfranchisement of the long injured and degraded descendants of Africa. The evils of slavery being generally acknowledged, and its impolicy fully evinced, the important question which remains to be solved, will naturally present itself: What are the means by which this evil is to be removed, consistently with the safety of the master, and the happiness of the slave? Perhaps to some, this question, considered on the ground of absolute justice, may appear of easy solution: Immediate, universal emancipation.

But however pleasing the prospect may be to the philanthropist, of getting clear of one of the evils of slavery, yet a full examination of local circumstances, must convince us that this would be, to cut, rather than untie the Gordian knot.

Reformation on a large scale, is commonly slow. Habits long established, are not easily and suddenly changed. But were it possible to induce the inhabitants of the slaveholding states, to proclaim liberty to the captives, and to let loose at once the whole tide of black population, it may reasonably be questioned whether such a measure would not produce as much evil as it would cure. Besides, such a measure, if it were practicable, would fall short of simple justice. We owe to that injured race, an immense debt, which the liberation of their bodies alone would not liquidate. It has been the policy of the slaveholder to keep the man whom he has doomed to interminable servitude, in the lowest state of mental degradation: to withhold from him as much as possible the means of improving the talents which nature has given him. In short, to reduce him as near to the condition of a machine as a rational being could be. Every inducement—every excitement, to the exertion and development of native talent and genius, is wanting in the slave.—Hence, to throw such a being, thus degraded, thus brutalized, upon society, and then expect him to exercise those rights which are the birthright of every son and daughter of Adam, with advantage to himself, or to the community upon which he is thrown, is to suppose that the laws established for the government of universal nature, should in this case be changed. As well might we expect a man to be born in the full maturity of his mental faculties, or an infant to run before it had learned the use of its limbs.

A plan, then, for universal emancipation, to be practicable, must be gradual. The slave must be made to pass through a state of pupilage and monority, to fit him for the enjoyment and exercise of rational liberty.

"If then the extremes of emancipation, and perpetual, unlimited slavery be dangerous," and impolitic, "the safe and advisable measure must be between them." And this brings us again the question, How can we get clear of the evils of slavery, with safety to the master, and advantage to the slave? For the solution of this difficult problem, the following outlines of a plan for a gradual, but general and universal emancipation is proposed. Let the slaves be attached to the soil,—give them an interest in the land they cultivate. Place them in the same situation as their masters, as the peasantry of Russia, in relation to their landlords. Let wise and salutary laws be enacted, in the several slave holding states, for their general government. These laws should provide for the means of extending to the children of every slave, the benefits of school learning. The practice of arbitrary punishment for the most trivial offences, should be abolished.

An important step towards the accomplishment of this plan, would be, to prohibit by law the migration, or transportation of slaves from one state to another:—and also to provide, that no slave should be sold, out of the county, or town in which his master resides, without his own consent. Provision should then be made for the introduction of a system of general instruction on each farm or plantation; each slave who has a family should be furnished with a hut, and a portion of land to cultivate for his own use; for which he would pay to the landlord an annual rent. For each day he was employed by the master or landlord, he should be allowed a stipulated price: out of the proceeds of his stipulated wages, those things necessary for his comfortable maintenance, should be deducted; if furnished by the master.

The time given him to cultivate his allotment of ground should be deducted from his annual hire. A wise and equitable system of laws, adapted to the condition of blacks, should be established for their government. Then a character would be formed among them; acts of diligence and fidelity would meet their appropriate reward, and negligence and crime would be followed by their merited chastisement. The execution of this plan, in its fullest extent, would be followed by increased profits to the landholder.

It would be productive of incalculable advantage to the slave, both in his civil, and moral condition:—And thus the interest of the master, and the melioration of the condition of the slave, would be gradually and reciprocally advanced in the progress of this experiment. Although legislative provisions would greatly facilitate the adoption of this plan, it is not necessary for individuals to wait the movement of government. Any one may introduce it on his own plantation, and reap many of its most important advantages.

The plan now proposed is not new. It is not a Utopian and visionary theory, unsupported by experience. It has been successfully tried in the Island of Barbadoes, by the late Joshua Steele; and the result exceeded his most sanguine expectations. "The first principles, of his plan," says Mr. Dickson, "are the plain ones, of treating the slaves as human creatures: moving them to action by the hope of reward, as well as the fear of punishment: giving them out of their own labours, wages and land, sufficient to afford them the plainest necessaries:—And protecting them against the capricious violence, too often of ignorant, unthinking, or unprincipled, and perhaps drunken men and boys, invested with arbitrary powers, as their managers, and 'drivers.' His plan is founded in nature, and has nothing in it of rash innovation. It does not hurry forward a new order of things;—it recommends no fine projects of ticklish experiments; but, by a few safe and easy steps, and a few simple applications of English law, opens the way for the gradual introduction of a better system." "To advance above three hundred debased field Negroes, who had never before moved without the whip, to a state nearly resembling that of contented, honest and industrious servants; and after paying them for their labour, to triple, in a few years, the annual net clearance of his estates—these were great achievements, for an aged man, in an untried field of improvement, preoccupied by inveterate vulgar prejudices. He has indeed accomplished all that was really doubtful or difficult in the undertaking; and perhaps all that is at present desirable, either to owner or slave. For he has ascertained as a fact, what was before only known to the learned as a theory, and to practical men as a paradox:—that the paying of slaves for their labour, does actually produce a very great profit to their owners."[3]

TO THE AMERICAN CONVENTION FOR PROMOTING THE ABOLITION OF SLAVERY, AND IMPROVING THE CONDITION OF THE AFRICAN RACE.

The Committee appointed to take into consideration the subject of the Internal Slave Trade, and report such facts as they may deem suitable for publication, in relation to it,

Respectfully Report—That they consider the subject as one of the greatest magnitude and importance that can gain the attention of this Convention. That such a trade should be permitted to be practised by the Laws of the United States of America, is a matter of the deepest regret, and can only be reconciled by a consideration of the frailty of all human institutions. From the short time afforded the Committee they have been unable as fully to consider the subject as they desired, but from the enquiry they have been able to make, the following appears to be at present the principal markets for the sale of human beings in the United States, viz. the Territories of Florida and Arkansas, the states of Georgia, Alabama, Mississippi, and Louisiana; these states and territories are supplied with their victims of oppression and cruelty, from the states of Delaware, Maryland, the District of Columbia, Eastern and Northern parts of Virginia, Kentucky and Tennessee. The principal depots where men, women, and children are collected, frequently kept in irons and exhibited for sale are—Patty Cannon's house, situated on the confines of Delaware and Maryland; a large establishment in the city of Baltimore; the Jail of Baltimore County; one at Saddler's Cross Roads, and the Jail in the city of Washington a public tavern in the same place, and several places in the town of Alexandria; and in most of the towns of Virginia, and in the city of Charleston, S. C. In addition to the evils of legalized Slavery, we may add, as growing out of the trade, acts of kidnapping not less cruel than those committed on the Coast of Africa. Individuals are well known, who have made a business of decoying free people of Color on board their vessels, and of selling them for Slaves; two instances came particularly under observation in one of our principal sea ports, (and we believe they are numerous in other places,) one a boy of about 12 years of age, was decoyed on board a vessel and taken to one of the above places of deposite, from thence sent in their chain of communication to the home of the purchaser. Another instance occurred by the next trip of the vessel, of a woman being taken in the same manner, who on attempting to leave the cabin was knocked down, gagged, and severely whipped, to intimidate, and make her acknowledge herself a slave. She was taken to the same place of deposite, but apprehending it was to be searched, they removed her with two others, free persons, (one of them stolen within twelve miles of the place,) to the woods, where they were chained, with but little clothing, and exposed day and night in the open air; one of the persons so confined released himself from the tree to which he was attached and with an axe extricated the others. The woman above alluded to has since arrived and gave the information, and in addition says, they have pits to conceal their captives when close pursuit is apprehended, which they cover with earth and leaves. It may be asked, as the persons are known, why not bring them to justice? We may reply, that notwithstanding we could bring some of the persons last alluded to, to identify their kidnappers, yet their evidence, on account of their color, is not allowed to be received in the Courts of Slaveholding States. Many other instances have occured: and many instances of persons who were entitled to their freedom after serving a limited time, being sold into irredeemable Slavery in other states are deplorably numerous; the covert manner of doing which is generally such as to elude detection. It is suggested whether Legislative enactments requiring that persons so situated, should be required to be registered every time they change masters would not obviate in some measure this evil—humane persons could then trace individuals so circumstanced, and bring offenders to justice:—all which is respectfully submitted.

Some of your Committee have been the unwilling witnesses of gangs of men, women and children, being driven off in chains from some of the above places to be sold like cattle. The shrieks and groans of the wretched victims, would have melted any heart but that of a Slave Trader, steeled by avarice or petrified by cruelty: and as if in utter defiance of the laws of God and man:—the Sabbath is the day generally chosen for receiving and sending off the unfortunate objects of their cupidity and so blunted has public opinion become from the long existence of this unhallowed traffic, that individuals in the city of Alexandria, publicly advertise their having prepared their prisons and furnished themselves with every accommodation for selling men, women, and innocent children, to any purchaser.

The number transported by sea from the single port of Baltimore by a noted trader of that place is believed to exceed several hundreds per annum. How long, may we ask, is our land to be polluted with such abominations? Is there no fear of the awful vengeance of him who has declared, "Is not this the fast that I have chosen, to loose the bonds of wickedness, and that ye let the oppressed go free, and that ye break every yoke?" If cruelty to the Israelites, (and their acts of oppression was mildness, in comparison with ours,) what may we not expect, we who have received the blessings of divine revelation, who proclaim the goodness of God, in having freed us from the political bondage of Great Britain.

Respectfully submitted, on behalf of the Committee,

—THOMAS SHIPLEY, Chairman.[4]

TO THE AMERICAN CONVENTION, &c.

The Committee appointed at the last Convention to procure information of the cultivation of Sugar, Cotton, &c. by free labor, &c.

Respectfully Report—That they have given some attention to the subject of their appointment, but have not been as successful as could have been desired. They have been enabled to procure some general information, relative to the production of sugar and cotton by the labor of emancipated slaves, and other free persons of color, in the West Indian Islands and on the American Continent; but have not had it in their power to obtain such particulars concerning it as will shew the extent of the pecuniary advantages which this mode of proceeding undoubtedly possesses over that of cultivating the land by slave labor.

We are credibly informed that the article of sugar is now produced by free labor, in two or more of the West Indian Islands, of a quality fully equal to that of any other, and is, also, brought into the market upon quite as favourable terms. Coffee is also produced in abundance in the island of Hayti, and some parts of South America, by free labor. These productions, unstained by slavery, may now be had in the cities of New York and Philadelphia, and likewise at Wilmington in Delaware.

In the Territory of Florida, we learn, that a company, composed principally of citizens of the United States, have purchased a large tract of land, with the view of cultivating the sugar cane and other tropical productions, by the labor of free men. Samples of the sugar made by this company have been shewn to some of the members of your committee, and have been pronounced to be of a good quality. In Louisiana, likewise, we are informed that sundry persons are engaged in producing sugar in the same way, but we have not ascertained to what extent they have carried their experiments.

Sundry cotton planters in the states of North Carolina and Alabama, have, for several years cultivated their lands by free hands. They have disposed of considerable quantities of cotton in New York and New England, and we are informed appear well satisfied to continue the practice of employing free laborers to the total exclusion of that of slaves.

A gentleman in Rhode Island has manufactured some of this cotton separately into coarse muslins, which may also be had as above stated. A few of the citizens of Pennsylvania and Delaware, have likewise purchased some of this cotton, and manufactured it into calicoes and other fabrics. We presume, however, that this has not been done to any considerable extent; neither have we ascertained the degree of encouragement held out to those engaged in the enterprise.

The article of tobacco, has, for some years, been successfully cultivated in the state of Ohio, where it is known that slavery does not exist; and we learn that it can be afforded in the Baltimore market at a lower price than that produced in the state of Maryland, by the labor of Slaves, after defraying the expenses of transportation some hundreds of miles further than the latter. But we are informed that even in the Province of Upper Canada, sundry colored persons from Kentucky, have made a settlement, and have raised large quantities of this article which has been disposed of to advantage in some of our Atlantic ports.

But the most particular account your committee have obtained respecting the experiment of free, contrasted with slave labor, has been obtained from Ward's Mexico, a work lately published in London. The author was an Envoy of the British Government, and the most entire reliance may be placed on his statement, which, as in every other fair experiment completely proves the advantages of cultivation by freemen. It appears, from his account, that the experiment was tried in consequence of the difficulty of procuring slaves during the war, and the great mortality which always took place on the first introduction of the slaves, from a change of climate. Being desirous to produce a race of free laborers, a large number of slaves were manumitted and encouraged to intermarry with the native Indians, which they soon did to a great extent, and so beneficial was the plan found to the master's interest, that in the year 1808 on most of the largest estates, there was not a slave to be found. From a personal inspection the author above alluded to declares that their tasks were performed with great precision and rapidity, (vol. 1, p. 67, 68.). A most important improvement appears also to have taken place; the whip being banished from the field and the females released from the field labor. From 360 to 450 tons of sugar are produced by 150 free laborers, while in Cuba, where the soil is superior in fertility the same number produce but 180 tons.

Should the Convention think proper the committee are willing to continue the further investigation of the subject.

Respectfully submitted, B. LUNDY, Chairman.[5]

TO THE AMERICAN CONVENTION,—The committee appointed to procure information in relation to the culture of sugar, cotton, &c. on this continent by free labor.,

Respectfully State—That owing to the inadequacy of the means to make the requisite investigations, your committee has not been able since the last session of the Convention to acquire much information of any farther general facts. The following notice of the cultivation of sugar in Mexico, to which your committee then briefly advertised has been obtained through the medium of the London Anti-Slavery Monthly Reporter for August, 1829. It is an extract of a letter from Mr. Ward, Mexican Envoy of the British Government to the Right Honourable George Canning, viz.

Mexico, March 13, 1826.

"SIR,—The possibility of introducing a system of free labour into the West India Islands having been so much discussed in England, I conceived that it might not be uninteresting to His Majesty's Government to receive some details respecting the result of the experiment in this country, where it certainly has had a fair trial.

"I accordingly took advantage of Mr. Morier's prolonged stay here to visit the Valley of Cuernavaca, and Cuantla Amilpas, which supplies a great part of the federation with sugar and coffee, although not a single slave is at present employed in their cultivation.

"I have the honour to inclose a sketch of the observations which I was enabled to make upon this journey, together with such details as I have thought best calculated to show both the scale upon which these estates are worked, and the complete success with which the abolition of the slavery has, in this instance been attended.

"The valley which extends almost uninterruptedly from Cuernavaca to Cuantla Amilpas and Juncar (covering a space of about forty miles,) is situated on the road to Acapulco, at the foot of the first range of mountains by which the descent from the Table Land towards the south-west commences, about fifty miles from the Capital.

"It is about 2,000 feet lower than the Table Land of Mexico. The difference of temperature is proportionably great, so that two days are sufficient to transport the traveller into the very midst of Tierra Caliente.

"It is believed that the sugar-cane was first planted there about one hundred years ago; from that time the number of sugar-estates has gone on increasing, until there is now hardly an acre of ground on the whole plain which is not turned to account.

"The cultivation was originally carried on entirely by slaves, who were purchased at Vera Cruz, at from 300 to 400 dollars each.

"It was found, however, that this system was attended with considerable inconvenience, it being impossible to secure a sufficient supply of slaves during a war. The losses likewise, at all times, were great, as many of the slaves were unable to support the fatigue and changes of temperature, to which they were exposed on the journey from Vera Cruz to Curnavaca, and perished, either on the road, or soon after their arrival.

"Several of the great proprieters were induced by these circumstances to give liberty to a certain number of their slaves annually, and by encouraging marriages between them and the Indians of the country, to propagate a race of free labourers, who might be employed when a supply of Slaves was no longer to be obtained.

"This plan proved so eminently successful that on some of the largest estates there was not a single slave in the year 1808.

"The policy of the measure became still more apparent on the breaking out of the revolution in 1810.

"The planters who had not adopted the system of gradual emancipation before that period saw themselves abandoned, and were forced, in many instances, to give up working their estates, as their slaves took advantage of the approach of the insurgents to join them en masse; while those who had provided themselves with a mixed cast of free labourers, retained even during the worst times, a sufficient number of men to enable them to continue to cultivate their lands, although upon a smaller scale."

The same work for September 1829, speaking of free and slave labour, remarks.

"The controversy is fast tending to its termination. The march of events will scarcely leave room much longer, either for misrepresentation or misapprehension. The facilities already given in Bengal by Lord W. Bentinck, to the investment of British capital and the development of British skill in the cultivation of the soil; the almost certainty that those fiscal regulations which have hitherto depressed the growth of sugar in Bengal, and prevented the large increase of its imports into this country, will soon be repealed; the prospect of an early removal of the other restrictions which still fetter the commerce of our Eastern possessions: the rapidly increasing population and prosperity of Haiti; the official statements of Mr. Ward, as to the profitable culture of sugar by free labour in Mexico; and the rapid extension of the manufacture of beet root sugar in France; a prelude as we conceive, to its introduction into this country, and especially into Ireland; all these circumstances combined, afford a promise which can scarcely fail of seeing a death blow inflicted on the culture of sugar by slave-labour, which all the misrepresentations of all the slave holders in the world, with all their clamourous partisans in this country cannot avert, or even long retard."

Since their views have been directed to the subject, your committee are fully satisfied that its further investigation will be highly important; and that at no very distant period, the results of very interesting experiments nearer home may be obtained.

Respectfully Submitted, B. LUNDY, Chairman.[6]

Baltimore, December 1, 1829.

AN ACT TO PROHIBIT THE CARRYING ON THE SLAVE-TRADE, FROM THE UNITED STATES TO ANY FOREIGN PLACE OR COUNTRY.

Section I. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled. That no citizen or citizens of the United States, or foreigner, or any other person coming into, or residing within the same, shall, for himself or any other person whatsoever, either as master, factor or owner, build, fit, equip, load or otherwise prepare any ship or vessel, within any port or place of the said United States; nor shall cause any ship or vessel to sail from any port or place within the same, for the purpose of carrying on any trade or traffic in slaves, to any foreign country; or for the purpose of procuring, from any foreign kingdom, place or country, the inhabitants of such kingdom, place or country, to be transported to any foreign country, port or place whatever, to be sold or disposed of, as slaves: And if any ship or vessel shall be so fitted out, as aforesaid, for the said purposes, or shall be caused to sail, so as aforesaid, every such ship or vessel, her tackle, furniture, apparel and other appurtenances, shall be forfeited to the United States; and shall be liable to be seized, prosecuted and condemned, in any of the circuit courts or district court for the district, where the said ship or vessel may be found and seized.

Section II. And be it further enacted, That all and every person, so building, fitting out, equipping, loading, or otherwise preparing, or sending away, any ship or vessel, knowing, or intending, that the same shall be employed in such trade or business, contrary to the true intent and meaning of this act, or any ways aiding or abetting therein, shall severally forfeit and pay the sum of two thousand dollars, one moiety thereof, to the use of the United States, and the other moiety thereof, to the use of him or her, who shall sue for the prosecute the same.

Section III. And be it further enacted, That the owner, master or factor of each and every foreign ship or vessel, clearing out for any of the coasts or kingdoms of Africa, or suspected to be intended for the Slave-trade, and the suspicion being declared to the officer of the customs, by any citizen, on oath or affirmation, and such information being to the satisfaction of the said officer, shall first give bond with sufficient sureties, to the Treasurer of the United States, that none of the natives of Africa, or any other foreign country or place, shall be taken on board the said ship or vessel, to be transported, or sold as slaves, in any other foreign port or place whatever, within nine months thereafter.

Section IV. And be it further enacted, That if any citizen or citizens of the United States shall, contrary to the true intent and meaning of this act, take on board, receive or transport any such persons, as above described, in this act, for the purpose of selling them as slaves, as aforesaid, he or they shall forfeit and pay, for each and every person, so received on board, transported, or sold as aforesaid, the sum of two hundred dollars, to be recovered in any court of the United States, proper to try the same, the one moiety thereof, to the use of the United States, and the other moiety to the use of such person or persons, who shall sue for and prosecute the same.

FREDERICK AUGUSTUS MUHLENBERG, Speaker of the House of Representatives. JOHN ADAMS, Vice President of the United States, and President of the Senate.

Approved—March the twenty second, 1794,

Go. Washington, President of the United States.

AN ACT IN ADDITION TO THE ACT, ENTITLED, "AN ACT TO PROHIBIT THE CARRYING ON THE SLAVE-TRADE FROM THE UNITED STATES TO ANY FOREIGN PLACE OR COUNTRY."

Section I. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That it shall be unlawful for any citizen of the United States, or other person residing within the United States, directly or indirectly to hold or have any right or property in any vessel employed or made use of in the transportation or carrying of slaves from one foreign country or place to another, and any right or property belonging as aforesaid, shall be forfeited, and may be libelled and condemned for the use of the person who shall sue for the same—and such person transgressing the prohibition aforesaid, shall also forfeit and pay a sum of money equal to double the value of the right or property in such vessel which he held as aforesaid, and shall also forfeit a sum of money equal to double the value of the interest which he may have had in the slaves which at any time may have been transported or carried in such vessel after the passing of this act, and against the form thereof.

Section II. And be it further enacted, That it shall be unlawful for any citizen of the United States or other person residing therein, to serve on board any vessel of the United States employed or made use of in the transportation or carrying the slaves from one foreign country or place to another, and any such citizens or other person voluntarily serving as aforesaid shall be liable to be indicted therefor, and on conviction thereof, shall be liable to a fine not exceeding two thousand dollars, and be imprisoned not exceeding two years.

Section III. And be it further enacted, That if any citizen of the United States shall voluntarily serve on board of any foreign ship or vessel which shall hereafter be employed in the Slave-trade, he shall on conviction thereof, be liable to, and suffer the like forfeitures, pains, disabilities and penalties as he would have incurred had such ship or vessel been owned or employed in whole or in part by any person residing within the United States.

Section IV. And be it further enacted, That it shall be lawful for any of the commissioned vessels of the United States, to seize and take any vessel employed in carrying on the trade, business or traffic contrary to the true intent and meaning of this or the said act to which this is in addition, and such vessel, together with her tackle, apparel and guns, and the goods or effects other than slaves which shall be found on board, shall be forfeited and may be proceeded against in any of the District or Circuit Courts, and shall be condemned for the use of the officers and crew of the vessel making the seizure, and be divided in the proportion directed in the case of prize; and all persons interested in such vessel, or in the enterprise or voyage in which such vessel shall be employed at the time of such capture, shall be precluded from all right or claim to the slaves found on board such vessels as afore said, and from all damages or retribution on account thereof, and it shall moreover be the duty of the commanders of such commissioned vessels to apprehend and take into custody every person found on board of such vessel so seized and taken, being of the officers or crew thereof, and him or them convey as soon as conveniently may be, to the civil, authority of the United States in some one of the Districts thereof, to be proceeded against in due course of law.

Section V. And be it further enacted, That the District and Circuit Courts of the United States shall have cognizance of all acts and offences against the prohibitions herein contained.

Section VI. Provided nevertheless, and be it further enacted, That nothing in this act contained, shall be construed to authorize the bringing into either of the United States any person or persons, the importation of whom is by the existing laws of such state prohibited.

Section VII. And be it further enacted, That the forfeitures which shall hereafter be incurred under this or the said act to which this is in addition not otherwise disposed of, shall accrue and be one moiety thereof to the use of the informer, and the other moiety to the use of the United States, except where the prosecution shall be first instituted on behalf of the United States, in which case, the whole shall be to their use.