Chapter XVII: The Colony of Delaware

1636-1775.

THE TERRITORY OF DELAWARE SETTLED IN PART BY SWEDES AND
DANES, ANTERIOR TO THE YEAR 1678.--THE DUKE OF YORK
TRANSFERS THE TERRITORY OF DELAWARE TO WILLIAM PENN.--PENN
GRANTS THE COLONY THE PRIVILEGE OF SEPARATE
GOVERNMENT.--SLAVERY INTRODUCED ON THE DELAWARE AS EARLY AS
1636.--COMPLAINT AGAINST PETER ALRICKS FOR USING OXEN AND
NEGROES BELONGING TO THE COMPANY.--THE FIRST LEGISLATION ON
THE SLAVERY QUESTION IN THE COLONY.--AN ENACTMENT OF A LAW
FOR THE BETTER REGULATION OF SERVANTS.--AN ACT RESTRAINING
MANUMISSION.

Anterior to the year 1638, the territory now occupied by the State of Delaware was settled in part by Swedes and Danes. It has been recorded of them that they early declared that it was "not lawful to buy and keep slaves."[429] But the Dutch claimed the territory. When New Netherlands was ceded to the Duke of York, Delaware was occupied by his representatives. On the 24th of August, 1682, the Duke transferred that territory to William Penn.[430] But in 1703 Penn surrendered the old form of government, and gave the Delaware counties the privilege of a separate administration under the _Charter of Privileges_. Delaware inaugurated a legislature, but remained under the Council and Governor of Pennsylvania. But slavery made its appearance on the Delaware as early as 1636.[431]

"At this early period there appears to have been slavery on
the Delaware. As one Coinclisse was 'condemned, on the 3d of
February, to serve the company with the blacks on South
River for wounding a soldier at Fort Amsterdam. He was also
to pay a fine to the fiscal, and damages to the wounded
soldier.' On the 22d, a witness testifying in the case of
Governor Van Twiller, (the governor of New Neitherlands
before Kieft,) who was charged with neglect and
mismanagement of the company's affairs, said that 'he had
in his custody for Van Twiller, at Fort Hope and Nassau,
twenty-four to thirty goats, and that _three negroes bought
by the director_ in 1636, were since employed in his private
service.' Thus it will be seen that slavery was introduced
on the Delaware as early as 1636, though probably not in
this State, as the Dutch at that time had no settlement
here."[432]

And on the 15th of September, 1657, complaint was made that Peter Alricks had "used the company's oxen and negroes;" thus showing that there were quite a number of Negroes in the colony at the time mentioned. In September, 1661, there was a meeting between Calvert, D'Hinoyossa, Peter Alricks, and two Indian chiefs, to negotiate terms of peace. At this meeting the Marylanders agreed to furnish the Dutch annually three thousand hogsheads of tobacco, provided the Dutch would "supply them with negroes and other commodities."[433] Negroes were numerous, and an intercolonial traffic in slaves was established.

The first legislation on the slavery question in the colony of Delaware was had in 1721. "_An Act for the trial of Negroes_" provided that two justices and six freeholders should have full power to try "negro and mulatto slaves" for heinous offences. In case slaves were executed, the Assembly paid the owner two-thirds the value of such slave. It forbade convocations of slaves, and made it a misdemeanor to carry arms. During the same year an Act was passed punishing adultery and fornication. In case of children of a white woman by a slave, the county court bound them out until they were thirty-one years of age. In 1739 the Legislature passed an Act for the better regulation of servants and slaves, consisting of sixteen articles. It provided that no indentured servant should be sold into another government without the approval of at least one justice. Such servant could not be assigned over except before a justice. If a person manumitted a slave, good security was required: if he failed to do this, the manumission was of no avail. If free Negroes did not care for their children, they were liable to be bound out. In 1767 the Legislature passed another Act restraining manumission. It recites:--

"SECTION 2. _And be it enacted by the honorable John Penn,
esq. with his Majesty's royal approbation, Lieutenant
Governor and Commander in Chief of the counties of
New-Castle, Kent and Sussex, upon Delaware, and province of
Pennsylvania, under the honorable Thomas Penn and Richard
Penn, esquires, true and absolute proprietaries of the said
counties and province, by and with the advice and consent of
the Representatives of the freemen of the said counties, in
General Assembly met, and by the authority of the same_,
That if any master or mistress shall, by will or otherwise,
discharge or set free any Mulatto or Negro slave or slaves;
he or she, or his or her executors or administrators, at the
next respective County Court of Quarter Sessions, shall
enter into a recognizance with sufficient sureties, to be
taken in the name of the Treasurer of the said county for
the time being, in the sum of Sixty Pounds for each slave so
set free, to indemnify the county from any charge they or
any of them may be unto the same, in case of such Negro or
Mulattoe's being sick, or otherwise rendered incapable to
support him or herself; and that until such recognizance be
given, no such Negro or Mulatto shall be deemed free."[434]

The remainder of the slave code in this colony was like unto those of the other colonies, and therefore need not be described. Negroes had no rights, ecclesiastical or political. They had no property, nor could they communicate a relation of any character. They had no religious or secular training, and none of the blessings of home life. Goaded to the performance of the most severe tasks, their only audible reply was an occasional growl. It sent a feeling of terror through their inhuman masters, and occasioned them many ugly dreams.

FOOTNOTES:

[429] Dr. Stevens in his History of Georgia, vol. i. p. 288, says, "In the Swedish and German colony, which Gustavus Adolphus planted in Delaware, and which in many points resembled the plans of the Trustees, negro servitude was disallowed." But he gives no authority, I regret.

[430] See Laws of Delaware, vol. i. Appendix, pp. 1-4.

[431] Albany Records, vol. ii, p. 10.

[432] Vincent's History of Delaware, p. 159.

[433] Ibid., p. 381.

[434] Laws of Delaware, vol. i. p. 436.