History of the Negro Race in America Volume I Part 38

CHAPTER XIX.

THE COLONY OF RHODE ISLAND.

1647-1775.

COLONIAL GOVERNMENT IN RHODE ISLAND, MAY, 1647.--AN ACT Pa.s.sED TO ABOLISH SLAVERY IN 1652, BUT WAS NEVER ENFORCED.--AN ACT SPECIFYING WHAT TIMES INDIAN AND NEGRO SLAVES SHOULD NOT APPEAR IN THE STREETS.--AN IMPOST-TAX ON SLAVES (1708).--PENALTIES IMPOSED ON DISOBEDIENT SLAVES.--ANTI-SLAVERY SENTIMENT IN THE COLONIES RECEIVES LITTLE ENCOURAGEMENT.--CIRCULAR LETTER FROM THE BOARD OF TRADE TO THE GOVERNOR OF THE ENGLISH COLONIES RELATIVE TO NEGRO SLAVES.--GOVERNOR CRANSTON'S REPLY.--LIST OF MILITIA-MEN, INCLUDING WHITE AND BLACK SERVANTS.--ANOTHER LETTER FROM THE BOARD OF TRADE.--AN ACT PREVENTING CLANDESTINE IMPORTATIONS AND EXPORTATION OF Pa.s.sENGERS, NEGROES, OR INDIAN SLAVES.--MASTERS OF VESSELS REQUIRED TO REPORT THE NAMES AND NUMBER OF Pa.s.sENGERS TO THE GOVERNOR.--VIOLATION OF THE IMPOST-TAX LAW ON SLAVES PUNISHED BY SEVERE PENALTIES.--APPROPRIATION BY THE GENERAL a.s.sEMBLY, JULY 5, 1715, FROM THE FUND DERIVED FROM THE IMPOST-TAX, FOR THE PAVING OF THE STREETS OF NEWPORT.--AN ACT Pa.s.sED DISPOSING OF THE MONEY RAISED BY IMPOST-TAX.--IMPOST-LAW REPEALED, MAY, 1732.--AN ACT RELATING TO FREEING MULATTO AND NEGRO SLAVES Pa.s.sED 1728.--AN ACT Pa.s.sED PREVENTING MASTERS OF VESSELS FROM CARRYING SLAVES OUT OF THE COLONY, JUNE 17, 1757.--EVE OF THE REVOLUTION.--AN ACT PROHIBITING IMPORTATION OF NEGROES INTO THE COLONY IN 1774.--THE POPULATION OF RHODE ISLAND IN 1730 AND 1774.

Individual Negroes were held in bondage in Rhode Island from the time of the formation of the colonial government there, in May, 1647, down to the close of the eighteenth century. Like her sister colonies, she early took the poison of the slave-traffic into her commercial life, and found it a most difficult political task to rid herself of it. The inst.i.tution of slavery was never established by statute in this colony; but it was so firmly rooted five years after the establishment of the government, that it required the positive and explicit prohibition of law to destroy it. On the 19th of May, 1652, the General Court pa.s.sed the following Act against slavery. It is the earliest positive prohibition against slavery in the records of modern nations.

"Whereas, there is a common course practiced amongst English men to buy negers, to that end they may have them for service or slaves forever; for the preventinge of such practices among us, let it be ordered, that no blacke mankind or white being forced by covenant bond, or otherwise, to serve any man or his a.s.sighnes longer than ten yeares, or until they come to bee twentie-four yeares of age, if they bee taken in under fourteen, from the time of their cominge within the liberties of this Collonie. And at the end or terme of ten yeares to sett them free, as the manner is with the English servants. And that man that will not let them goe free, or shall sell them away elsewhere, to that end that they may bee enslaved to others for a long time, hee or they shall forfeit to the Collonie forty pounds."[450]

The above law was admirable, but there was lacking the public sentiment to give it practical force in the colony. It was never repealed, and yet slavery flourished under it for a century and a half. Mr. Bancroft says, "The law was not enforced, but the principle lived among the people."[451] No doubt the principle lived among the people; but, practically, they did but little towards emanc.i.p.ating their slaves until the Revolutionary War cloud broke over their homes.

There is more in the statement Mr. Bancroft makes than the casual reader is likely to discern.

The men who founded Rhode Island, or Providence Plantation as it was called early, were of the highest type of Christian gentlemen. They held advanced ideas on civil government and religious liberty. They realized, to the full, the enormity of the sinfulness of slavery; but while they hesitated to strike down what many men p.r.o.nounced a necessary social evil, it grew to be an inst.i.tution that governed more than it could be governed. The inst.i.tution was established. Slaves were upon the farms, in the towns, and in the families, of those who could afford to buy them. The population of the colony was small; and to manumit the slaves in whom much money was invested, or to suddenly cut off the supply from without, was more than the colonists felt able to perform. The spirit was willing, but the flesh was weak.

For a half-century there was nothing done by the General Court to check or suppress the slave-trade, though the Act of 1652 remained the law of the colony. The trade was not extensive. No vessels from Africa touched at Newport or Providence. The source of supply was Barbadoes; and, occasionally, some came by land from other colonies. Little was said for or against slavery during this period. It was a question difficult to handle. The sentiment against it was almost unanimous. It was an evil; but how to get rid of it, was the most important thing to be considered. During this period of perplexity, there was an ominous silence on slavery. The conservatism of the colonists produced the opposite in the Negro population. They began to think and talk about their "rights." The Act of 1652 had begun to bear fruit. At the expiration of ten years' service, slaves began to demand their freedom-papers. This set the entire Negro cla.s.s in a state of expectancy. Their eagerness for liberty was interpreted by the more timid among the whites as the signal for disorder. A demand was made for legislation that would curtail the personal liberties of the Negroes in the evenings. It is well to produce the Act of Jan. 4, 1703, that the reader may see the similarity of the laws pa.s.sed in the New-England colonies against Negroes:--

"An Act to restrict negroes and Indians for walking in unseasonable times in the night, and at other times not allowable.

"Voted, Be it enacted by this a.s.sembly and the authority thereof, and it is hereby enacted, If any negroes or Indians, either freemen, servants, or slaves, do walk in the streets of the town of Newport, of any other town in this Collony, after nine of the clock of the night, without a certificate from their masters, or some English person of said family with them, or some lawfull excuse for the same, that it shall be lawfull for any person to take them up and deliver them to a Constable, to be secured, or see them secured, till the next morning, and then to be brought before some Justice of the Peace in said town, to be dealt withall, according to the recited Act, which said Justice shall cause said person or persons so offending, to be whipped at the publick whipping post in said town, not exceeding fifteen stripes upon their naked backs, except their incorrigible behavior require more. And all free negroes and free Indians to be under the same penalty, without a lawful excuse for their so being found walking in the streets after such unseasonable time of night.

"And be it further enacted, All and every house keeper, within said town or towns or Collony, that shall entertain men's servants, either negroes or Indians, without leave of their masters or to whom they do belong, after said set time of the night before mentioned, and being convicted of the same before any one Justice of the Peace, he or they shall pay for each his defect five s.h.i.+llings in money, to be for the use of the poor in the town where the person lives; and if refused to be paid down, to be taken by distraint by a warrant to any one Constable, in said town; any Act to the contrary notwithstanding."[452]

It is rather remarkable that this Act should prohibit free Negroes and free Indians from walking the streets after nine o'clock. In this particular this bill had no equal in any of the other colonies. This act seemed to be aimed with remarkable precision at the Negroes as a cla.s.s, both bond and free. The influence of free Negroes upon the slaves had not been in harmony with the condition of the latter; and the above Act was intended as a reminder, in part, to free Negroes and Indians. It went to show that there was but little meaning in the word "free," when placed before a Negro's name. No such restriction could have been placed upon the personal rights of a white colonist; for, under the democratical government of the colony, a subject was greater than the government. No law could stand that was inimical to his rights as a freeman. But the free Negro had no remedy at law. He was literally between two conditions, bondage and freedom.

Attention has been called to the fact, that the Act of 1652 was never enforced. In April, 1708, an Act, laying an impost-tax upon slaves imported into the colony, was pa.s.sed which really gave legal sanction to the slave-trade.[453] The following is the Act referred to:--

"And it is further enacted by the authority aforesaid, that whereas, by an act of a.s.sembly, in February last past, concerning the importing negroes, one article of said act, expressing that three pounds money shall be paid into the treasury for each negro imported into this colony; but upon exporting such negro in time limited in said act, said three pounds were to be drawn out of the treasury again by the importer:

"It is hereby enacted, that said sum for the future, shall not be drawn out, but there continued for the use in said act expressed; any act to the contrary, notwithstanding."[454]

The Act referred to as having pa.s.sed "in February last past," cannot be found.[455] But, from the one quoted above, it is to be inferred that two objects were aimed at, viz.: First, under the codes of Ma.s.sachusetts and Virginia, a drawback was allowed to an importer of a Negro who exported him within a stated time: the Rhode-Island Act of "February" had allowed importers this privilege. Second, notwithstanding the loud-sounding Act of 1652, this colony was not only willing to levy an impost-tax upon all slaves imported, but, in her greed for "blood money," even denied the importer the mean privilege, in exporting his slave, of drawing his rebate! The consistency of Rhode Island must have been a jewel that the other colonies did not covet.

The last section of the Act of 1703 was directed against "house keepers," who were to be fined for entertaining Negro or Indian slaves after nine o'clock. In 1708 another Act was pa.s.sed, supplemental to the one of 1703, and added stripes as a penalty for non-payment of fines. Many white persons in the larger towns had grown rather friendly towards the slaves; and, even where they did not speak out in public against the enslavement of human beings, their hearts led them to the performance of many little deeds of kindness. They discovered many n.o.ble attributes in the Negro character, and were not backward in expressing their admiration. When summoned before a justice, and fined for entertaining Negroes after nine o'clock, they paid the penalty with a willingness and alacrity that alarmed the slave-holding caste. This was regarded as treason. Some could not pay the fine, and, hence, went free. The new Act intended to remedy this.

It was as follows:--

"An Act to prevent the entertainment of Negroes, &c.

"Whereas, there is a law in this colony to suppress any persons from entertaining of negro slaves or Indian servants that are not their own, in their houses, or unlawfully letting them have strong drink, whereby they were d.a.m.nified, such persons were to pay a fine of five s.h.i.+llings, and so by that means go unpunished, there being no provision made [of]

what corporeal punishment they should have, if they have not wherewith to pay:

"Therefore, it is now enacted, that any such delinquent that shall so offend, if he or she shall not have or procure the sum of ten s.h.i.+llings for each defect, to be paid down before the authority before whom he or she hath been legally convicted, he or she shall be by order of said authority, publicly whipped upon their naked back, not exceeding ten stripes; any act to the contrary, notwithstanding. "[456]

It is certain that what little anti-slavery sentiment there was in the British colonies in North America during the first century of their existence received no encouragement from Parliament. From the beginning, the plantations in this new world in the West were regarded as the hotbeds in which slavery would thrive, and bring forth abundant fruit, to the great gain of the English government. All the appointments made by the crown were expected to be in harmony with the plans to be carried out in the colonies. From the settlement of Jamestown down to the breaking out of the war, and the signing of the Declaration of Independence, not a single one of the royal governors ever suffered his sense of duty to the crowned heads to be warped by local views on "the right of slavery." The Board of Trade was untiring in its attention to the colonies. And no subject occupied greater s.p.a.ce in the correspondence of that colossal inst.i.tution than slavery. The following circular letter, addressed to the governors of the colonies, is worthy of reproduction here, rather than in the Appendix. It is a magnificent window, that lets the light in upon a dark subject. It gives a very fair idea of the profound concern that the home government had in foreign and domestic slavery.

"CIRCULAR LETTER FROM THE BOARD OF TRADE TO THE GOVERNORS OF THE ENGLISH COLONIES, RELATIVE TO NEGRO SLAVES.

"APRIL 17, 1708.

"Sir: Some time since, the Queen was pleased to refer to us a pet.i.tion relating to the trade of Africa, upon which we have heard what the Royal African Company, and the separate traders had to offer; and having otherwise informed ourselves, in the best manner we could, of the present state of that trade, we laid the same before Her Majesty. The consideration of that trade came afterwards into the house of commons, and a copy of our report was laid before the house; but the session being then too far spent to enter upon a matter of so great weight, and other business intervening, no progress was made therein. However, it being absolutely necessary that a trade so beneficial to the kingdom should be carried on to the greatest advantage, there is no doubt but the consideration thereof will come early before the Parliament at their next meeting; and as the well supplying of the plantations and colonies with sufficient numbers of negroes at reasonable prices, is in our opinion the chief point to be considered in regard to that trade, and as. .h.i.therto we have not been able to know how they have been supplied by the company, or by separate traders, otherwise than according to the respective accounts given by them, which for the most part are founded upon calculations made from their exports on one side and the other, and do differ so very much, that no certain judgment can be made upon those accounts.

"Wherefore, that we may be able at the next meeting of the Parliament to lay before both houses when required, an exact and authentic state of that trade, particularly in regard to the several plantations and colonies: we do hereby desire and strictly require you, that upon the receipt hereof, you do inform yourself from the proper officers or otherwise, in the best manner you can, what number of negroes have been yearly imported directly from Africa into Jamaica, since the 24th of June, 1698, to the 25th of December, 1707, and at what rate per head they have been sold each year, one with another, distinguis.h.i.+ng the numbers that have been imported on account of the Royal African Company, and those which have been imported by separate traders; as likewise the rates at which such negroes have been sold by the company and by separate traders. We must recommend it to your care to be as exact and diligent therein as possibly you can, and with the first opportunity to transmit to us such accounts as aforesaid, that they may arrive here in due time, as also duplicates by the first conveyance.

"And that we may be the better able to make a true judgment of the present settlement of that trade, we must further recommend it to you to confer with some of the princ.i.p.al planters and inhabitants within your government touching that matter, and to let us know how the negro trade was carried on, and the island of Jamaica supplied with negroes till the year 1698, when that trade was laid open by act of Parliament; how it has been carried on, and negroes supplied since that time, or in what manner they think the said trade may best be managed for the benefit of the plantations.

"We further desire you will inform us what number of s.h.i.+ps, if any, are employed from Jamaica to the coast of Africa in the negro trade, and how many separate traders are concerned therein.

"Lastly, whatever accounts you shall from time to time send us touching these matters of the negro trade, we desire that the same may be distinct, and not intermixed with other matters; and that for the time to come, you do transmit to us the like half yearly accounts of negroes, by whom imported and at what rates sold; the first of such subsequent accounts, to begin from Christmas, 1707, to which time those now demanded, are to be given. So we bid you heartily farewell,

"Your very loving friends, "STAMFORD, HERBERT, PH. MEADOWS, I. PULTENEY, R. MONCKTON.

"P.S. We expect the best account you can give us, with that expedition which the shortness of the time requires.

"Memorandum. This letter, mutatis mutandis, was writ to the Governors of Barbadoes, the Leeward Islands, Bermuda, New York, New Jersey, Maryland, the President of the Council of Virginia, the Governor of New Hamps.h.i.+re and the Ma.s.sachusetts Bay, the Deputy Governor of Pennsylvania, the Lords proprietors of Carolina, the Governors and Companies of Connecticut and Rhode Island."[457]

The good Queen of England was interested in the traffic in human beings; and although the House of Commons was too busy to give attention to "a matter of so great weight," the "Board of Trade" felt that it was "absolutely necessary that a trade so beneficial to the kingdom should be carried on to the greatest advantage." England never gave out a more cruel doc.u.ment than the above circular letter. To read it now, under the glaring light of the nineteenth century, will almost cause the English-speaking people of the world to doubt even "the truth of history." Slavery did not exist at sufferance. It was a crime against the weak, ignorant, and degraded children of Africa, systematically perpetrated by an organized Christian government, backed by an army that grasped the farthest bounds of civilization, and a navy that overshadowed the oceans.

The reply of the governor of Rhode Island was not as encouraging as their lords.h.i.+ps could have wished.

GOVERNOR CRANSTON'S REPLY.

"May it please your Lords.h.i.+ps: In obedience to your Lords.h.i.+ps' commands of the 15th of April last, to the trade of Africa.

"We, having inspected into the books of Her Majesty's custom, and informed ourselves from the proper officers thereof, by strict inquiry, can lay before your Lords.h.i.+ps no other account of that trade than the following, viz:

"1. That from the 24th of June, 1698, to the 25th of December, 1707, we have not had any negroes imported into this colony from the coast of Africa, neither on the account of the Royal African Company, or by any of the separate traders.

"2. That on the 30th day of May, 1696, arrived at this port from the coast of Africa, the brigantine Seaflower, Thomas Windsor, master, having on board her forty-seven negroes, fourteen of which he disposed of in this colony, for betwixt 30 and 35 per head; the rest he transported by land for Boston, where his owners lived.

"3. That on the 10th of August, the 19th and 28th of October, in the year 1700, sailed from this port three vessels, directly for the coast of Africa; the two former were sloops, the one commanded by Nicho's Hillgroue, the other by Jacob Bill; the last a s.h.i.+p, commanded by Edwin Carter, who was part owner of the said three vessels, in company with Thomas Bruster, and John Bates, merchants, of Barbadoes, and separate traders from thence to the coast of Africa; the said three vessels arriving safe to Barbadoes from the coast of Africa, where they made the disposition of their negroes.

"4. That we have never had any vessels from the coast of Africa to this colony, nor any trade there, the brigantine above mentioned, excepted.

"5. That the whole and only supply of negroes to this colony, is from the island of Barbadoes; from whence is imported one year with another, betwixt twenty and thirty; and if those arrive well and sound, the general price is from 30 to 40 per head.

"According to your Lords.h.i.+ps' desire, we have advised with the chiefest of our planters, and find but small encouragement for that trade to this colony; since by the best computation we can make, there would not be disposed in this colony above twenty or thirty at the most, annually, the reasons of which are chiefly to be attributed to the general dislike our planters have for them, by reason of then turbulent and unruly tempers.

"And that most of our planters that are able and willing to purchase any of them, are supplied by the offspring of those they have already, which increase daily; and that the inclination of our people in general, is to employ white servants before Negroes.

"Thus we have given our Lords.h.i.+ps a true and faithful account of what hath occurred, relating to the trade of Africa from this colony; and if, for the future, our trade should be extended to those parts, we shall not fail transmitting accounts thereof according to your Lords.h.i.+ps'

orders, and that at all times, be ready to show ourselves,

"Your Lords.h.i.+ps' obedient servant, "SAMUEL CRANSTON, _Governor_.

"NEWPORT, ON RHODE ISLAND, December 5, 1708."[458]