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
STATES.--AN ACT PREVENTING THE PRACTICE OF HOLDING PERSONS
IN SLAVERY.--ADVERTISEMENT FROM "THE CONTINENTAL
JOURNAL."--A LAW PASSED IN VIRGINIA LIMITING THE RIGHTS OF
SLAVES.--LAW DEMANDING 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.

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."

From "The Continental Journal," March 1, 1781:--

"_To be_ SOLD, an extraordinary likely NEGRO WENCH, 17 years
old, she can be warranted to be strong, healthy and
good-natured, _has no notion of Freedom_, has been always
used to a Farmer's Kitchen and dairy, and is not known to
have any failing, but being with Child, which is the only
cause of her being sold."

It is evident, from the wording of the last advertisement quoted, that the Negroes were sniffing the air of freedom that occasionally blew from the victorious battle-fields, where many of their race had distinguished themselves by the most intrepid valor. They began to get "_notions of freedom_," and this depreciated their market value.

Dr. William Gordon, the steadfast, earnest, and intelligent friend of the Negro, was deposed as chaplain of both branches of the Legislature on account of his vehement protest against the adoption of the fifth article of the constitution by that body. But his zeal was not thereby abated. He continued to address able articles to the public, and wrought a good work upon the public conscience.

In Virginia, notwithstanding Negroes were among the State's most gallant defenders, a law was passed in October, 1776, "declaring tenants of lands or slaves in taille to hold the same in fee simple." Under the circumstances, after the war had begun, and after the declaration by the State of national independence, it was a most remarkable law.

"That any person who now hath, or hereafter may have, any
estate in fee taille, general or special, in any lands or
slaves in possession, or in the use or trust of any lands or
slaves in possession, or who now is or hereafter may be
entitled to any such estate taille in reversion or
remainder, after the determination of any estate for life or
lives, or of any lesser estate, whether such estate taille
hath been or shall be created by deeds, will, act of
assembly, or by any other ways or means, shall from
henceforth, or from the commencement of such estate taille,
stand _ipso facto_ seized, possessed, or entitled of, in, or
to such lands or slaves, or use in lands or slaves, so held
or to be held as aforesaid, in possession, reversion, or
remainder, in full and absolute fee simple, in like manner
as if such deed, will, act of assembly, or other instrument,
had conveyed the same to him in fee simple; any words,
limitations, or conditions, in the said deed, will, act of
assembly, or other instrument, to the contrary
notwithstanding."[625]

But the valor of the Negro soldier had great influence upon the public mind, and inspired the people in many of the States to demand public recognition of deserving Negroes. It has been noted already, that in South Carolina, if a Negro, having been captured by the enemy, made good his escape back into the State, he was emancipated; and, if wounded in the line of duty, was rewarded with his freedom. Rhode Island purchased her Negroes for the army, and presented them with fifty dollars bounty and a certificate of freedom at the close of the war. Even Virginia, the mother of slavery, remembered, at the close of the war, the brave Negroes who had fought in her regiments. In October, 1783, the following Act was passed emancipating all slaves who had served in the army with the permission of their masters. It is to be regretted, however, that _all_ slaves who had served in the army were not rewarded with their freedom.

"I. WHEREAS it hath been represented to the present general
assembly, that during the course of the war, many persons in
this state had caused their slaves to enlist in certain
regiments or corps raised within the same, having tendered
such slaves to the officers appointed to recruit forces
within the state, as substitutes for free persons, whose lot
or duty it was to serve in such regiments or corps, at the
same time representing to such recruiting officers that the
slaves so enlisted by their direction and concurrence were
freemen; and it appearing further to this assembly, that on
the expiration of the term of enlistment of such slaves that
the former owners have attempted again to force them to
return to a state of servitude, contrary to the principles
of justice, and to then own solemn promise.

"II. And whereas it appears just and reasonable that all
persons enlisted as aforesaid, who have faithfully served
agreeable to the terms of their enlistment, and have thereby
of course contributed towards the establishment of American
liberty and independence, should enjoy the blessings of
freedom as a reward for their toils and labours; _Be it
therefore enacted_, That each and every slave who by the
appointment and direction of his owner, hath enlisted in any
regiment or corps raised within this state, either on
continental or state establishment, and hath been received
as a substitute for any free person whose duty or lot it was
to serve in such regiment or corps, and hath served
faithfully during the term of such enlistment, or hath been
discharged from such service by some officer duly authorized
to grant such discharge, shall from and after the passing of
this act, be fully and compleatly emancipated, and shall be
held and deemed free in as full and ample a manner as if
each and every of them were specially named in this act; and
the attorney-general for the commonwealth, is hereby
required to commence an action, _in forma pauperis_, in
behalf of any of the persons above described who shall after
the passing of this act be detained in servitude by any
person whatsoever; and if upon such prosecution it shall
appeal that the pauper is entitled to his freedom in
consequence of this act, a jury shall be empanelled to
assess the damages for his detention."[626]

New York enlisted her Negro soldiers under a statutory promise of freedom. They were required to serve three years, or until regularly discharged. Several other States emancipated a few slaves who had served faithfully in the army; and the recital of the noble deeds of black soldiers was listened to with great interest, had an excellent effect upon many white men after the war, and went far towards mollifying public sentiment on the slavery question.

If Massachusetts were ever moved by the valor of her black soldiers to take any action recognizing their services, the record has not been found up to the present time. After commemorating the 5th of March for a long time, as a day on which to inflame the public zeal for the cause of freedom, her Legislature refused to mark the grave of the first martyr of the Revolution, Crispus Attucks!

Slavery flourished during the entire Revolutionary period. It enjoyed the silent acquiescence of the pulpit, the support of the public journals, the sanction of the courts, and the endorsement of the military establishment. In a free land (?), under the flag of the government Negroes fought, bled, sacrificed, and died to establish, slavery held undisputed sway. The colonial government, built by the cruel and voracious avarice of Britain, crumbled under the master-stroke of men who desired political and religious liberty more than jewelled crowns; but the slave institution stood unharmed by the shock of embattled arms. The colonists asked freedom for themselves and children, but forged chains for Negroes and their children. And while a few individual Negro slaves were made a present of themselves at the close of the war, on account of their gallant service, hundreds of thousands of their brethren were still retained in bondage

FOOTNOTES:

[622] See Slavery in Mass., p. 178.

[623] House Journal, pp. 19, 25.

[624] Mass. Archives; Revolutionary Resolves, vol. vii. p. 133.

[625] Hening, vol. ix. p. 226.

[626] Hening, vol. xi pp. 308, 309.