"Nor should history forget to record that, as in the army at Cambridge, so also in this gallant band, the free negroes of the colony had their representatives."[578]

Two Negro soldiers especially distinguished themselves, and rendered the cause of the colonists great service. Major Pitcairn was a gallant officer of the British marines. He led the charge against the redoubt, crying exultingly, "The day is ours!" His sudden appearance and his commanding air at first startled the men immediately before him. They neither answered nor fired, probably not being exactly certain what was next to be done. At this critical moment, a Negro soldier stepped forward, and, aiming his musket directly at the major's bosom, blew him through.[579] Who was this intrepid black soldier, who at a critical moment stepped to the front, and with certain aim brought down the incarnate enemy of the colonists? What was his name, and whence came he to battle? His name was Peter Salem, a private in Col Nixon's regiment of the Continental Army.

"He was born in Framingham [Massachusetts], and was held as a slave, probably until he joined the army: whereby, if not before, he became free. ... Peter served faithfully as a soldier, during the war."[580]

Perhaps Salem was then a slave: probably he thought of the chains and stripes from whence he had come, of the liberty to be purchased in the ordeals of war, and felt it his duty to show himself worthy of his position as an American soldier. He proved that his shots were as effective as those of a white soldier, and that he was not wanting in any of the elements that go to make up the valiant soldier. Significant indeed that a Negro was the first to open the hostilities between Great Britain and the colonies,—the first to pour out his blood as a precious libation on the altar of a people's rights; and that here, at Bunker Hill, when the crimson and fiery tide of battle seemed to be running hard against the small band of colonists, a Negro soldier's steady musket brought down the haughty form of the arch-rebel, and turned victory to the weak! England had loaded the African with chains, and doomed him to perpetual bondage in the North-American colonies; and when she came to forge political chains, in the flames of fratricidal war, for an English-speaking people, the Negro, whom she had grievously wronged, was first to meet her soldiers, and welcome them to a hospitable grave.

Bunker-hill Monument has a charm for loyal Americans; and the Negro, too, may gaze upon its enduring magnificence. It commemorates the deeds, not of any particular soldier, but all who stood true to the principles of equal rights and free government on that memorable "17th of June."

"No name adorns the shaft; but ages hence, though our alphabets may become as obscure as those which cover the monuments, of Nineveh and Babylon, its uninscribed surface (on which monarchs might be proud to engrave their titles) will perpetuate the memory of the 17th of June. It is the monument of the day, of the event, of the battle of Bunker Hill; of all the brave men who shared its perils,—alike of Prescott and Putnam and Warren, the chiefs of the day, and the colored man, Salem, who is reported to have shot the gallant Pitcairn, as he mounted the parapet. Cold as the clods on which it rests, still as the silent heavens to which it soars, it is yet vocal, eloquent, in their undivided praise."[581]

The other Negro soldier who won for himself rare fame and distinguished consideration in the action at Bunker Hill was Salem Poor. Delighted with his noble bearing, his superior officers could not refrain from calling the attention of the civil authorities to the facts that came under their personal observation. The petition that set forth his worth as a brave soldier is still preserved in the manuscript archives of Massachusetts:—

"To the Honorable General Court of the Massachusetts Bay.

"The subscribers beg leave to report to your Honorable House (which we do in justice to the character of so brave a man), that, under our own observation, we declare that a negro man called Salem Poor, of Col. Frye's regiment, Capt. Ames' company, in the late battle at Charlestown, behaved like an experienced officer, as well as an excellent soldier. To set forth particulars of his conduct would be tedious. We would only beg leave to say, in the person of this said negro centres a brave and gallant soldier. The reward due to so great and distinguished a character, we submit to the Congress.

"Jona. Brewer, Col.	Eliphalet Bodwell, Sgt.
Jona. Brewer, Col.	Eliphalet Bodwell, Sgt.
Thomas Nixon, Lt.-Col.	Josiah Foster, Lieut.
Wm. Prescott, Colo.	Ebenr. Varnum, 2d Lieut.
Ephm. Corey, Lieut.	Wm. Hudson Ballard, Cpt.
Joseph Baker, Lieut.	William Smith, Cap.
Joshua Row, Lieut.	John Morton, Sergt.[?]
Jonas Richardson, Capt.	Lieut. Richard Welsh.

"Cambridge, Dec. 5, 1775.

"In Council, Dec. 21, 1775.—Read, and sent down.

"Perez Morton, Dep'y Sec'y."[582]

How many other Negro soldiers behaved with cool and determined valor at Bunker Hill, it is not possible to know. But many were there; they did their duty as faithful men, and their achievements are the heritage of the free of all colors under our one flag. Col. Trumbull, an artist as well as a soldier, who was stationed at Roxbury, witnessed the engagement from that elevation. Inspired by the scene, when it was yet fresh in his mind, he painted the historic picture of the battle in 1786. He represents several Negroes in good view, while conspicuous in the foreground is the redoubtable Peter Salem. Some subsequent artists—mere copyists—have sought to consign this black hero to oblivion, but 'tis vain. Although the monument at Bunker Hill "does not bear his name, the pencil of the artist has portrayed the scene, the pen of the impartial historian has recorded his achievement, and the voice of the eloquent orator has resounded his valor."

Major Samuel Lawrence "at one time commanded a company whose rank and file were all Negroes, of whose courage, military discipline, and fidelity he always spoke with respect. On one occasion, being out reconnoitring with this company, he got so far in advance of his command, that he was surrounded, and on the point of being made prisoner by the enemy. The men, soon discovering his peril, rushed to his rescue, and fought with the most determined bravery till that rescue was effectually secured. He never forgot this circumstance, and ever after took especial pains to show kindness and hospitality to any individual of the colored race who came near his dwelling."[583]

Gen. Lee, of the American army, was captured by Col. Harcourt of the British army. It was regarded as a very distressing event; and preparations were made to capture a British officer of the same rank, so an exchange could be effected. Col. Barton of the Rhode-Island militia, a brave and cautious officer, was charged with the capture of Major-Gen. Prescott, commanding the royal army at Newport. On the night of the 9th of July, 1777, Col. Barton, with forty men, in two boats with muffled oars, evaded the enemy's boats, and, being taken for the sentries at Prescott's head-quarters, effected that officer's capture—a Negro taking him. The exploit was bold and successful.

"They landed about five miles from Newport, and three-quarters of a mile from the house, which they approached cautiously, avoiding the main guard, which was at some distance. The Colonel went foremost, with a stout, active negro close behind him, and another at a small distance; the rest followed so as to be near, but not seen.

"A single sentinel at the door saw and hailed the Colonel; he answered by exclaiming against, and inquiring for, rebel prisoners, but kept slowly advancing. The sentinel again challenged him, and required the countersign. He said he had not the countersign, but amused the sentry by talking about rebel prisoners, and still advancing till he came within reach of the bayonet, which, he presenting, the Colonel suddenly struck aside and seized him. He was immediately secured, and ordered to be silent, on pain of instant death. Meanwhile, the rest of the men surrounding the house, the negro, with his head, at the second stroke forced a passage into it, and then into the landlord's apartment. The landlord at first refused to give the necessary intelligence; but, on the prospect of present death he pointed to the General's chamber, which being instantly opened by the negro's head, the Colonel calling the General by name, told him he was a prisoner."[584]

Another account was published by a surgeon of the army, and is given here:—

"Albany, Aug. 3, 1777.—The pleasing information is received here that Lieut.-Col. Barton, of the Rhode-Island militia, planned a bold exploit for the purpose of surprising and taking Major-Gen. Prescott, the commanding officer of the royal army at Newport. Taking with him, in the night, about forty men, in two boats, with oars muffled, he had the address to elude the vigilance of the ships-of-war and guard-boats: and, having arrived undiscovered at the quarters of Gen. Prescott, they were taken for the sentinels; and the general was not alarmed till his captors were at the door of his lodging-chamber, which was fast closed. A negro man, named Prince, instantly thrust his beetle head through the panel door; and seized his victim while in bed.... This event is extremely honorable to the enterprising spirit of Col. Barton, and is considered as ample retaliation for the capture of Gen. Lee by Col. Harcourt. The event occasions great joy and exultation, as it puts in our possession an officer of equal rank with Gen. Lee, by which means an exchange may be obtained. Congress resolved that an elegant sword should be presented to Col. Barton for his brave exploit."[585]

Col. Barton evidently entertained great respect for the valor and trustworthiness of the Negro soldier whom he made the chief actor in a most hazardous undertaking. It was the post of honor; and the Negro soldier Prince discharged the duty assigned him in a manner that was entirely satisfactory to his superior officer, and crowned as one of the most daring and brilliant coups d'état of the American Revolution.

The battle of Rhode Island, fought on the 29th of August, 1778, was one of the severest of the Revolution. Newport was laid under siege by the British. Their ships-of-war moved up the bay on the morning of the action, and opened a galling fire upon the exposed right flank of the American army; while the Hessian columns, stretching across a chain of the "highland," attempted to turn Gen. Greene's flank, and storm the advanced redoubt. The heavy cannonading that had continued since nine in the morning was now accompanied by heavy skirmishing; and the action began to be general all along the lines. The American army was disposed in three lines of battle; the first extended in front of their earthworks on Butt's Hill, the second in rear of the hill, and the third as reserve a half-mile in the rear of the advance line. At ten o'clock the battle was at white heat. The British vessels kept up a fire that greatly annoyed the Americans, but imparted courage to the Hessians and British infantry. At length the foot columns massed, and swept down the slopes of Anthony's Hill with the impetuosity of a whirlwind. But the American columns received them with the intrepidity and coolness of veterans. The loss of the enemy was fearful.

"Sixty were found dead in one spot. At another, thirty Hessians were buried in one grave. Major-Gen. Greene commanded on the right. Of the four brigades under his immediate command, Varnum's, Glover's, Cornell's and Greene's, all suffered severely, but Gen. Varnum's perhaps the most. A third time the enemy, with desperate courage and increased strength, attempted to assail the redoubt, and would have carried it but for the timely aid of two continental battalions despatched by Sullivan to support his almost exhausted troops. It was in repelling these furious onsets, that the newly raised black regiment, under Col. Greene, distinguished itself by deeds of desperate valor. Posted behind a thicket in the valley, they three times drove back the Hessians who charged repeatedly down the hill to dislodge them; and so determined were the enemy in these successive charges, that the day after the battle the Hessian colonel, upon whom this duty had devolved, applied to exchange his command and go to New York, because he dared not lead his regiment again to battle, lest his men should shoot him for having caused them so much loss."[586]

A few years later the Marquis de Chastellux, writing of this regiment, said,—

"The 5th [of January, 1781] I did not set out till eleven, although I had thirty miles' journey to Lebanon. At the passage to the ferry, I met with a detachment of the Rhode-Island regiment, the same corps we had with us all the last summer, but they have since been recruited and clothed. The greatest part of them are negroes or mulattoes; but they are strong, robust men, and those I have seen had a very good appearance.'"[587]

On the 14th of May, 1781, the gallant Col. Greene was surprised and murdered at Point's Bridge, New York, but it was not effected until his brave black soldiers had been cut to pieces in defending their leader. It was one of the most touching and beautiful incidents of the war, and illustrates the self-sacrificing devotion of Negro soldiers to the cause of American liberty.

At a meeting of the Congregational and Presbyterian Anti-Slavery Society, at Francestown, N.H., the Rev. Dr. Harris, himself a Revolutionary soldier, spoke thus complimentarily of the Rhode-Island Negro regiment:—

"Yes, a regiment of negroes, fighting for our liberty and independence,—not a white man among them but the officers,—stationed in this same dangerous and responsible position. Had they been unfaithful, or driven away before the enemy, all would have been lost. Three times in succession were they attacked, with most desperate valor and fury, by well disciplined and veteran troops, and three times did they successfully repel the assault, and thus preserve our army from capture. They fought through the war. They were brave, hardy troops. They helped to gain our liberty and independence."

From the opening to the closing scene of the Revolutionary War; from the death of Pitcairn to the surrender of Cornwallis; on many fields of strife and triumph, of splendid valor and republican glory; from the hazy dawn of unequal and uncertain conflict, to the bright morn of profound peace; through and out of the fires of a great war that gave birth to a new, a grand republic,—the Negro soldier fought his way to undimmed glory, and made for himself a magnificent record in the annals of American history. Those annals have long since been committed to the jealous care of the loyal citizens of the Republic black men fought so heroically to snatch from the iron clutches of Britain.

CHAPTER XXVIII.

LEGAL STATUS OF THE NEGRO DURING THE REVOLUTION.

1775-1783.

The Negro was Chattel or Real Property.—His Legal Status during his New Relation as a Soldier—Resolution introduced in the Massachusetts House of Representatives to prevent the selling of Two Negroes captured upon the High Seas—The Continental Congress appoints a Committee to consider what should be done with Negroes taken by Vessels of War in the Service of the United Colonies.—Confederation of the New States.—Spirited Debate in Congress respecting the Disposal of Recaptures.—The Spanish Ship "Victoria" captures an English Vessel having on Board Thirty-four Negroes taken from South Carolina.—The Negroes recaptured by Vessels belonging to the State of Massachusetts.—They are delivered to Thomas Knox, and conveyed to Castle Island.—Col. Paul Revere has Charge of the Slaves on Castle Island—Massachusetts passes a Law providing for the Security, Support, and Exchange of Prisoners brought into the State.—Gen Hancock receives a Letter from the Governor of South Carolina respecting the Detention of Negroes—In the Provincial Articles between the United States of America and His Britannic Majesty, Negroes were rated as Property.—And also in the Definite Treaty of Peace between the United States of America and His Britannic Majesty.—And also in the Treaty of Peace of 1814, between His Britannic Majesty and the United States, Negroes were designated as Property.—Gen. Washington's Letter to Brig-Gen Rufus Putnam in regard to a Negro in his Regiment claimed by Mr. Hobby.—Enlistment in the Army did not always work a Practical Emancipation.

Return to Table of Contents

WHEN the Revolutionary War began, the legal status of the Negro slave was clearly defined in the courts of all the colonies. He was either chattel or real property. The question naturally arose as to his legal status during his new relation as a soldier. Could he be taken as property, or as a prisoner of war? Was he booty, or was he entitled to the usage of civilized warfare,—a freeman, and therefore to be treated as such?

The Continental Congress, Nov. 25, 1775, passed a resolution recommending the several colonial legislatures to establish courts that should give jurisdiction to courts, already in existence, to dispose of "cases of capture." In fact, and probably in law, Congress exercised power in cases of appeal. Moreover, Congress had prescribed a rule for the distribution of prizes. But, curiously enough, Massachusetts, in 1776, passed an Act declaring, that, in case captures were made by the forces of the colony, the local authorities should have complete jurisdiction in their distribution; but, when prizes or captives were taken upon colonial territory by the forces of the United Colonies, the distributions should be made in accordance with the laws of Congress. This was but a single illustration of the divided sovereignty of a crude government. That there was need of a uniform law upon this question, there could be no doubt, especially in a war of the magnitude of the one that was then being waged.

On the 13th of September, 1776, a resolution was introduced into the Massachusetts House of Representatives, "to prevent the sale of two negro men lately brought into this state, as prisoners taken on the high seas, and advertised to be sold at Salem, the 17th inst., by public auction."[588] The resolve in full is here given:—

"In The House Of Representatives, Sept. 13, 1776:

"Whereas this House is credibly informed that two negro men lately brought into this State as prisoners taken on the High Seas are advertised to be sold at Salem, the 17th instant, by public auction,

"Resolved, That the selling and enslaving the human species is a direct violation of the natural rights alike vested in all men by their Creator, and utterly inconsistent with the avowed principles on which this and the other United States have carried their struggle for liberty even to the last appeal, and therefore, that all persons connected with the said negroes be and they hereby are forbidden to sell them or in any manner to treat them otherways than is already ordered for the treatment of prisoners of war taken in the same vessell or others in the like employ and if any sale of the said negroes shall be made, it is hereby declared null and void.

"Sent up for concurrence.

"Sam^l. Freeman, Speaker, P.T.

"In Council, Sept. 14, 1776. Read and concurred as taken into a new draught. Sent down for concurrence.

"John Avery, Dpy. Secy.

"In the House of Representatives, Sept. 14, 1776. Read and non-concurred, and the House adhere to their own vote. Sent up for concurrence.

"J. Warren, Speaker.

"In Council, Sept. 16, 1776. Read and concurred as now taken into a new draft. Sent down for concurrence.

"John Avery, Dpy. Secy.

"In the House of Representatives, Sept. 16, 1779. Read and concurred.

"J. Warren, Speaker.

"Consented to.

"Jer. Powell,	Jabez Fisher,
W. Sever,	B. White,
B. Greenleaf,	Moses Gill,
Caleb Cushing,	Dan'l Hopkins,
B. Chadbourn,	Benj. Austin,
John Whetcomb,	Wm. Phillips,
Eldad Taylor,	D. Sewall,
S. Holten,	Dan'l Hopkins."

On the Journal of the House, p. 106, appears the following record,—

"David Sewall, Esq., brought down the resolve which passed the House yesterday, forbidding the sale of two negroes, with the following vote of Council thereon, viz In Council, Sept. 14, 1776. Read and concurred, as taken into a new draught. Sent down for concurrence. Read and non-concurred, and the House adhere to their own vote. Sent up for concurrence."

The resolve, as it originally appeared, was dragged through a tedious debate, non-concurred in by the House, recommitted, remodelled, and sent back, when it finally passed.

"LXXXIII. Resolve forbidding the sale of two Negroes brought in as Prisoners; Passed September 14, [16th,] 1776.

"Whereas this Court is credibly informed that two Negro Men lately taken on the High Seas, on board the sloop Hannibal, and brought into this State as Prisoners, are advertized to be sold at Salem, the 17th instant, by public Auction:

"Resolved, That all Persons concerned with the said Negroes be, and they are hereby forbidden to sell them, or in any manner to treat them otherwise than is already ordered for the Treatment of Prisoners taken in like manner; and if any Sale of the said Negroes shall be made it is hereby declared null and void, and that whenever it shall appear that any Negroes are taken on the High Seas and brought as Prisoners into this State, they shall not be allowed to be Sold, nor treated any otherwise than as Prisoners are ordered to be treated who are taken in like Manner."[589]

It looked like a new resolve. The pronounced and advanced sentiment in favor of the equal rights of all created beings had been taken out, and it appeared now as a war measure, warranted upon military policy. This is the only chaplet that the most devout friends of Massachusetts can weave out of her acts on the Negro problem during the colonial period, to place upon her brow. It attracted wide-spread and deserved attention.

During the following month, on the 14th of October, 1776, the Continental Congress appointed a special committee, Messrs. Lee, Wilson, and Hall, "to consider what is to be done with Negroes taken by vessels of war, in the service of the United States." Here was a profound legal problem presented for solution. According to ancient custom and law, slaves came as the bloody logic of war. War between nations was of necessity international; but while this truth had stood through many centuries, the conversion of the Northern nations of Europe into organized society greatly modified the old doctrine of slavery. Coming under the enlightening influences of modern international law, war captives could not be reduced to slavery.[590] This doctrine was thoroughly understood, doubtless, in the North-American colonies as in Europe. But the almost universal doctrine of property in the Negro, and his status in the courts of the colonies, gave the royal army great advantage in the appropriation of Negro captives, under the plea that they were "property," and hence legitimate "spoils of war;" while, on the part of the colonists, to declare that captured Negroes were entitled to the treatment of "prisoners of war," was to reverse a principle of law as old as their government. It was, in fact, an abandonment of the claim of property in the Negro. It was a recognition of his rights as a soldier, a bestowal of the highest favors known in the treatment of captives of war.[591] But there was another difficulty in the way. Slavery had been recognized in the venerable memorials of the most remote nations. This condition was coeval with the history of all nations, but nowhere regarded as a relation of a local character. It grew up in social compacts, in organized communities of men, and in great and powerful states. It was recognized in private international law; and the relation of master and slave was guarded in their local habitat, and respected wherever found.[592] And this relation, this property in man, did not cease because the slave sought another nation, for it was recognized in all the commercial transactions of nations. Now, upon this principle, the colonists were likely to claim their right to property in slaves captured.

The confederation of the new States was effected on the 1st of March, 1781. Art. IX. gave the "United States in Congress assembled" the exclusive authority of making laws to govern the disposal of all captures made by land or water; to decide which were legal; how prizes taken by the land or naval force of the government should be appropriated, and the right to establish courts of competent jurisdiction in such case, etc. The first legislation under this article was an Act establishing a court of appeals on the 4th of June, 1781. It was discussed on the 25th of June, and again, on the 17th of July, took up a great deal of time, but was recommitted. The committee were instructed to prepare an ordinance regulating the proceedings of the admiralty cases, in the several States, in instances of capture; to codify all resolutions and laws upon the subject; and to request the States to enact such provisions as would be in harmony with the reserved rights of the Congress in such cases as were specified in the Ninth Article. Accordingly, on the 21st of September, 1781, the committee reported to Congress the results of their labor, in a bill on the subject of captures. Upon the question of agreeing to the following section, the yeas and nays were demanded by Mr. Mathews of South Carolina:—

"On the recapture by a citizen of any negro, mulatto, Indian, or other person from whom labor or service is lawfully claimed by another citizen, specific restitution shall be adjudged to the claimant, whether the original capture shall have been made on land or water, a reasonable salvage being paid by the claimant to the recaptor, not exceeding one-fourth part of the value of such labor or service, to be estimated according to the laws of the State of which the claimant shall be a citizen: but if the service of such negro, mulatto, Indian or other person, captured below high-water mark, shall not be legally claimed by a citizen of these United States, he shall be set at liberty."

The delegates from North Carolina, Delaware, New Jersey, and Connecticut, refrained from voting; South Carolina voted in the negative: but it was carried by twenty-eight yeas, against two nays. After a spirited debate, continuing through several days, and having received several amendments, it finally passed on Dec. 4, 1781, as follows:—

"On the recapture by a citizen of any negro, mulatto, Indian, or other person, from whom labor or service is lawfully claimed by a State or a citizen of a State, specific restitution shall be adjudged to the claimant, whether the original capture shall have been made on land or water, and without regard to the time of possession by the enemy, a reasonable salvage being paid by the claimant to the recaptor, not exceeding 1-4th of the value of such labor or service, to be estimated according to the laws of the State under which the claim shall be made.

"But if the service of such negro, mulatto, Indian, or other person, captured below high water mark, shall not be legally claimed within a year and a day from the sentence of the Court, he shall be set at liberty."

It should be carefully observed that the above law refers only to recaptures. It would be interesting to know the views the committee entertained in reference to slaves captured by the ministerial army. Nothing was said about this interesting feature of the case. Why Congress did not claim proper treatment of the slaves captured by the enemy while in the service of the United Colonies, is not known. Doubtless its leaders saw where the logic of such a position would lead them. The word "another" was left out of the original measure, and was made to read, in the one that passed, "a State or citizen;" as if it were feared that, by implication, a Negro would be recognized as a citizen.

By the proclamation of Sir Henry Clinton, already mentioned in the preceding chapter, Negroes were threatened with sale for "the public service;" and Mr. Jefferson in his letter to Mr. Gordon (see preceding chapter), says the enemy sold the Negroes captured in Virginia into the West Indies. After the capture of Stony Point by Gen. Wayne, concerning two Negroes who fell into his hands, he wrote to Lieut.-Col. Meigs from New Windsor on the 25th of July, 1779, as follows:—

"The wish of the officers to free the three Negroes after a few Years Service meets my most hearty approbation but as the Chance of War or other Incidents may prevent the officer [owner] from Compling with the Intention of the Officers it will be proper for the purchaser or purchasers to sign a Condition in the Orderly Book.

" ... I wou'd cheerfully join them in their Immediate Manumission—if a few days makes no material difference I could wish the sale put off until a Consultation may be had, & the opinion of the Officers taken on this Business."[593]

In June, 1779, a Spanish ship called "Victoria" sailed from Charleston, S.C., for Cadiz. During the first part of her voyage she was run down by a British privateer; but, instead of being captured, she seized her assailant, and found on board thirty-four Negroes, whom the English vessel had taken from plantations in South Carolina. The Spaniards got the Negroes on board their ship, disabled the English vessel, and then dismissed her. Within a few days she was taken by two British letters-of-marque, and headed for New York. During her passage thither she was re-captured by the "Hazard" and "Tyrannicide," armed vessels in the service of Massachusetts, and taken into the port of Boston. By direction of the Board of War she was ordered into the charge of Capt. Johnson, and was unloaded on the 21st of June. The Board of War reported to the Legislature that there were thirty-four Negroes "taken on the high seas and brought into the state." On the 23d of June [1780] the Legislature ordered "that Gen. Lovell, Capt. Adams, and Mr. Cranch, be a committee to consider what is proper to be done with a number of negroes brought into port in the prize ship called the[594] Lady Gage."[595] On the 24th of June, "the committee appointed to take into consideration the state and circumstances of a number of negroes lately brought into the port of Boston, reported a resolve directing the Board of War to inform our delegates in Congress of the state of facts relative to them, to put them into the barracks on Castle Island, and cause them to be supplied and employed."[596] The resolve passed without opposition.

"CLXXX. Resolve on the Representation of the Board of War respecting a number of negroes captured and brought into this State. Passed June 24, 1779.

"On the representation made to this Court by the Board of War respecting a number of negroes brought into the Port of Boston, on board the Prize Ship Victoria:

"Resolved, that the Board of War be and they are hereby directed forthwith to write to our Delegates in Congress, informing them of the State of Facts relating to said Negroes, requesting them to give information thereof to the Delegates from the State of South Carolina, that so proper measures may be taken for the return of said Negroes, agreeable to their desire.

"And it is further Resolved, that the Board of War be and they hereby are directed to put the said Negroes, in the mean time, into the barracks on Castle Island in the Harbor of Boston, and cause them to be supplied with such Provision and Clothing as shall be necessary for their comfortable support, putting them under the care and direction of some Prudent person or Persons, whose business it shall be to see that the able-bodied men may be usefully employed during their stay in carrying on the Fortifications on said Island, or elsewhere within the said Harbor; and that the Women be employed according to their ability in Cooking, Washing, etc. And that the said Board of War keep an exact Account of their Expenditures in supporting said Negroes."[597]

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

"War Office, 28 June, 1779.

"Lt.-Col. Revere,

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

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

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

"By Order of the Board."

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

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

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

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

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

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

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

              "NEGRO MEN.

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

   "The above men are stout fellows.

              "NEGRO BOYS.

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

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

"Gentlemen.

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

"I am, Gen^t.

"Your very hum. Serv^t.

"John Hancock."[599]

"Oct. 12, 1779."

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

It is printed among the resolves of November, 1779.

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

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

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

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

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

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

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

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

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

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

"Governor Guerard To Governor Hancock, 6th October, 1783.

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

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

"Judges Cushing And Sargent To Governor Hancock, Boston, Dec. 20, 1783.

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

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

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

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

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

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

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

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

"Provisional Articles Between the United States of America and His Britannic Majesty.

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

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

"Done at Paris, Nov 30, 1782.

"Richard Oswald, [l.s.]

"John Adams, [l.s.]

"B. Franklin, [l.s.]

"John Jay, [l.s.]

"Henry Laurens, [l.s.]"[608]

"Definite treaty of peace, between the united states of america and his britannic majesty.

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

"Done at Paris, Sept. 3, 1783.

"D Hartley. [l.s.]

"John Adams, [l.s.]

"B. Franklin, [l.s.]

"John Jay, [l.s.]"[609]

"Treaty of peace and amity, between his britannic majesty and the united states of america,

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

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

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

"Gambier, [l.s.]

"Henry Goulburn, [l.s.]

"William Adams, [l.s.]

"John Ouincy Adams, [l.s.]

"J.A. Bayard, [l.s.]

"H. Clay, [l.s.]

"Jona. Russell, [l.s.]

"Albert Gallatin. [l.s.]"[610]

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

"Head Quarters, Feb. 2, 1783.

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

"I am, Sir, with great respect,

"Your most obedient servant,

"G. Washington.

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

"Brig.-Gen. Putnam."

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

CHAPTER XXIX.

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

Statutory Prohibition against the Education of Negroes.—Benjamin Banneker, the Negro Astronomer and Philosopher.—His Antecedents—Young Banneker as a Farmer and Inventor—The Mills of Ellicott & Co.—Banneker cultivates his Mechanical Genius and Mathematical Tastes.—Banneker's first Calculation of an Eclipse submitted for Inspection in 1789.—His Letter to Mr Ellicott.—The Testimony of a Personal Acquaintance of Banneker as to his Upright Character.—His Home becomes a Place of Interest to Visitors.—Record of his Business Transactions.—Mrs. Mason's Visit to him.—She addresses him in Verse.—Banneker replies by Letter to her.—Prepares his First Almanac for Publication in 1792.—Title of his Almanac—Banneker's Letter to Thomas Jefferson.—Thomas Jefferson's Reply.—Banneker invited to accompany the Commissioners to run the Lines of the District of Columbia.—Banneker's Habits of studying the Heavenly Bodies.—Minute Description given to his Sisters in Reference to the Disposition of his Personal Property after Death.—His Death.—Regarded as the most Distinguished Negro of his Time.—Fuller the Mathematician, or "The Virginia Calculator."—Fuller of African Birth, but stolen and sold as a Slave into Virginia.—Visited by Men of Learning.—He was pronounced to be a Prodigy in the Manipulation of Figures.—His Death.—Derham the Physician.—Science of Medicine regarded as the most Intricate Pursuit of Man.—Early Life of James Derham.—His Knowledge of Medicine, how acquired.—He becomes a Prominent Physician in New Orleans.—Dr. Rush gives an Account of an Interview with him.—What the Negro Race produced by their Genius in America.

Return to Table of Contents

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

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

BANNEKER THE ASTRONOMER.

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

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

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

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

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

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

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

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

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

"Benjamin Banneker.

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

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

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

LETTER OF BENJAMIN BANNEKER TO GEORGE ELLICOTT.

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

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

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

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

"But remain your faithful friend,

"B. Banneker.

"Mr. George Ellicott, Oct. 13th, 1789."

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

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

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

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

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

"Charles W. Dorsey, of Elkridge."

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

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

"'Sold on the 2nd of April, 1795, to Buttler, Edwards & Kiddy, the right of an Almanac, for the year 1796, for the sum of 80 dollars, equal to £30.

"'On the 30th of April, 1795, lent John Ford five dollars. £1 17s. 6d.

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

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

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

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

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

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

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

"Transmitted on the wings of Fame,
Thine eclat sounding with thy name,
Well pleased, I heard, ere 'twas my lot
To see thee in thy humble cot.
That genius smiled upon thy birth,
And application called it forth;
That times and tides thou could'st presage,
And traverse the Celestial stage,
Where shining globes their circles run,
In swift rotation round the sun;
Could'st tell how planets in their way,
Mspan>From order ne'er were known to stray.
Sun, moon and stars, when they will rise,
When sink below the upper skies,
When an eclipse shall veil their light,
And hide their splendor from our sight.

Some men whom private walks pursue,
Whom fame ne'er ushered into view,
May run their race, and few observe
To right or left, if they should swerve,
Their blemishes would not appear,
Beyond their lives a single year.—
But thou, a man exalted high,
Conspicuous in the world's keen eye,
On record now, thy name's enrolled,
And future ages will be told,—
There lived a man named Banneker,
An African Astronomer!—
Thou need'st to have a special care,
Thy conduct with thy talent square,
That no contaminating vice,
Obscure thy lustre in our eyes."

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

"August 26th, 1797.

"Dear Female Friend:—

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

"Your sincere friend and well-wisher,

"Benjamin Banneker.

"Mrs. Susanna Mason.

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

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

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

And they further say,—

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

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

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

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

"Maryland, Baltimore County, August 19, 1791.

"Sir,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

"Your most obedient humble servant,

"Benjamin Banneker."

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

"Philadelphia, Aug. 30, 1791.

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

"I am, with great esteem, sir,

"Your most obedient servant,

"Tho. Jefferson.

"Mr. Benjamin Banneker, near Ellicott's

Lower Mills, Baltimore county."[614]

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

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

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

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

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

FULLER THE MATHEMATICIAN.

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

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

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

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

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

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

DERHAM THE PHYSICIAN.

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

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

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

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

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

CHAPTER XXX.

SLAVERY DURING THE REVOLUTION.

1775-1783.

Progress of the Slave-Trade.—A Great War for the Emancipation of the Colonies from Political Bondage.—Condition of the Southern States during the War.—The Virginia Declaration of Rights.—Immediate Legislation against Slavery demanded.—Advertisement from "The Independent Chronicle."—Petition of Massachusetts Slaves.—An Act preventing the Practice of holding Persons in Slavery.—Advertisements from "The Continental Journal."—A Law passed in Virginia limiting the Rights of Slaves.—Law emancipating all Slaves who served in the Army.—New York promises her Negro Soldiers Freedom.—A Conscientious Minority in Favor of the Abolition of the Slave-Trade.—Slavery flourishes during the Entire Revolutionary Period.

Return to Table of Contents

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

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

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

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

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

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

From the same, Oct. 10:—

"A hearty Negro Man, with a small sum of Money to be given away."

From the same, Nov. 28:—

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

From the same, Feb. 27, 1777:—

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

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

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

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

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

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

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

"PETITION OF MASSACHUSETTS SLAVES.

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

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

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

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

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

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

Lancaster Hill,
Peter Bess,
Brister Slenfen,
Prince Hall,
Jack Pierpont, [his X mark.]
Nero Funelo, [his X mark.]
Newport Sumner, [his X mark.]"

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

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

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

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

"State of Massachusetts Bay. In the Year of our Lord, 1777.

"An Act for preventing the practice of holding persons in Slavery.

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

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

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

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

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

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

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

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

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

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

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

From the same, Dec. 16, 1779:—

"To be SOLD, A Strong likely Negro Girl," etc.

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

"To be SOLD, for want of employment, an exceeding likely Negro Girl, aged sixteen."

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

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

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

"To be SOLD, a likely Negro Boy."

From the same, Aug. 24 and Sept. 7:—

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

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

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

From the same, Oct. 26, 1780:—

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

"To be SOLD, a likely young Cow and Calf. Inquire of the Printer."

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

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

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

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