FOOTNOTES:

FOOTNOTES:[16]Bourne, "Spain in America," 271.[17]California Miscellany, I, 9.[18]Bancroft, "History of California," I, 175;Place Notices, I, 151.[19]Hittell, "History of California," II, 115.[20]Garrison, "Westward Extension," 26.[21]Cong. Globe, 29 Cong., 2 Sess., 509.[22]Garrison, "Westward Extension," 254-268, 284-314.Cong. Globe, 29 Cong., 2d Sess., 178, 453, 455; 30 Cong., 1st Sess., 875, 989, 910, 1002-1005, 1062, 1081; 2d Sess., 216, 381.[23]Tuthill, "Hist. of California," 312, 316.[24]Proclamation To the Inhabitants of California.It having come to the knowledge of the Commander in Chief of the District that certain persons have been and still are imprisoning and holding to service Indians against their will and without any legal contract for service. It is thereby ordered that all persons so holding or detaining Indians shall release them, and permit them to return to their own homes. Unless they can make a contract with them which shall be binding upon both parties. The Indian population must not be regarded in the light of slaves, but it is deemed necessary that the Indians within the settlement shall have employment, with the right of choosing their own master and employment. Having made such a choice they must abide by it, unless they can obtain permission in writing to leave, or the Justice in their complaint shall consider they have just cause to annull the contract and permit them to obtain another employee. All Indians must be required to obtain service and not be permitted to wander about the country in idleness in a dissolute manner. If found doing so they will be liable to arrest and punishment by labor on the public works at the direction of the Magistrate. All officers, Civil or Military under my command are required to execute the terms of this order and take notice of every violation thereof.—Given at headquarters in Yerba Buena.—Signed, John Montgomery. Sept. 15, 1846. Published for the Government of all concerned. Washington A. Bartlett, Magistrate of San Francisco, Sept. 15, 1846.—California Star, Sept. 15, 1846.[25]California Laws, 1849-50, p. 408.[26]Ibid., p. 408.[27]Bancroft, "History of California," VI, p. 313.[28]Ibid., p. 313.[29]The Californian, March 16 and Nov. 4, 1848.[30]Bancroft, "History of California," p. 287.[31]Jour. Cal. Leg., 1850, 372-373.[32]Cong. Globe, 1849-50, App., pt. I, 149-157.[33]Tuthill, "History of California," p. 320.[34]Bancroft, "History of California," VI, pp. 252-253.[35]Ibid., p. 595.[36]Many Negroes were returned to slavery by the Courts. An owner of slaves in Mississippi brought them voluntarily into California before the adoption of the Constitution by the State. The slaves asserted their freedom and for some months were engaged in business for themselves. The owner under the provision of the Fugitive Slave Act of 1852 brought them before the Justice of Peace, who allowed the claim of the owners and ordered them into his custody. The slaves then petitioned for a writ of habeas corpus which came before the Supreme. Court and after hearing the case the Court ordered that the writ be dismissed and the slaves remanded to their owners.—California Reports, II, 424-426.The case of Alvin Coffey is equally as interesting. This account was given by a lifelong friend of the subject.Alvin Coffey was born in 1822, in Saint Louis, Missouri. He came to California with his sick master, a Mr. Duvall, who landed in San Francisco, September 1, 1849. They went to Sacramento, October 13, 1849. During the next eight months the slave earned for his master $5,000, working in the mines, and by washing for the miners and mining for himself after night, he earned $700 of his own. As the master continued in poor health he decided to return with Alvin to Missouri at the expiration of two years. When they reached Kansas City, Missouri, the master sold Alvin to Nelson Tindle, first taking from him the $5,000, earned for the master, and also the $700 earned for himself.Nelson Tindle took a great liking to Alvin and in a short time made him overseer over a number of slaves. Alvin, however, longed to return to California and, in order to earn his freedom, bought his time from his master and took contracts to build railroads. One day Nelson Tindle said to Alvin that he was too smart a man to be a slave and ought to try and purchase his freedom. Whereupon Alvin told him if he would let him return to California, he could easily earn enough money to effect the purchase. Alvin was permitted to return to California, and in a short time sent his master the $1,500 to pay for his freedom. Alvin then undertook to earn the money to pay for the freedom of his wife and daughters, who were slaves of Doctor Bassett, of Missouri. He earned the required sum and returned for his family. After paying for their freedom, he went with them to Canada, where he left his daughters to be educated. He and his wife Mahalia came to California. It cost him for the freedom of himself and family together with the trips to and from California about $7000. See Bancroft, "History of California," VI, p. 382.[37]Some of these cases are more than interesting. Daniel Rodgers came across the plains with his master from Little Rock, Arkansas, worked in the mines in Sonora, California, during the day for his master and at night for himself, earning and paying his master $1,100 for his freedom. Soon afterward the master returned with him to Little Rock and sold him. A number of the leading white gentlemen of Little Rock raised a sum of money, paid for his freedom and set him free. William Pollock and wife from North Carolina came to California with their master who located at Cold Springs, Coloma, California. He paid $1,000 for himself and $800 for his wife. The money was earned by washing for the miners at night and making doughnuts. They removed to Placerville, California, and afterward earned their living as caterers. In 1849, a slaveholder brought his slave to California. Not wishing to take the Negro back to his native State, Alabama, he concluded to sell him by auction. An advertisement was put in the papers, the boy was purchased for $1,000, by Caleb T. Fay, a strong abolitionist, who gave the boy his freedom.A Mississippi slaveholder brought several slaves from that State and promised to give them their freedom in two years. They all ran away save one, Charles Bates, when they learned that they were already free. The owner, finding mining did not pay, started east, taking Charles with him. On the Isthmus of Panama, Charles was persuaded to leave his master. He returned to California and to Stockton with his true friend. On the street one day he was recognized by a party who had lent money to Charles's master. The debtor got out an attachment for the former slave as chattel property, and according to the State law, the Negro was put up and sold at auction. A number of anti-slavery men bought the boy for $750 and gave him his freedom.—California Reports, I, 424-426.[38]Bancroft, "History of California," VI, p. 716.[39]Bancroft, "History of California," VI, p. 716.[40]Ibid., VI, p. 716.

[16]Bourne, "Spain in America," 271.

[17]California Miscellany, I, 9.

[18]Bancroft, "History of California," I, 175;Place Notices, I, 151.

[19]Hittell, "History of California," II, 115.

[20]Garrison, "Westward Extension," 26.

[21]Cong. Globe, 29 Cong., 2 Sess., 509.

[22]Garrison, "Westward Extension," 254-268, 284-314.Cong. Globe, 29 Cong., 2d Sess., 178, 453, 455; 30 Cong., 1st Sess., 875, 989, 910, 1002-1005, 1062, 1081; 2d Sess., 216, 381.

[23]Tuthill, "Hist. of California," 312, 316.

[24]Proclamation To the Inhabitants of California.It having come to the knowledge of the Commander in Chief of the District that certain persons have been and still are imprisoning and holding to service Indians against their will and without any legal contract for service. It is thereby ordered that all persons so holding or detaining Indians shall release them, and permit them to return to their own homes. Unless they can make a contract with them which shall be binding upon both parties. The Indian population must not be regarded in the light of slaves, but it is deemed necessary that the Indians within the settlement shall have employment, with the right of choosing their own master and employment. Having made such a choice they must abide by it, unless they can obtain permission in writing to leave, or the Justice in their complaint shall consider they have just cause to annull the contract and permit them to obtain another employee. All Indians must be required to obtain service and not be permitted to wander about the country in idleness in a dissolute manner. If found doing so they will be liable to arrest and punishment by labor on the public works at the direction of the Magistrate. All officers, Civil or Military under my command are required to execute the terms of this order and take notice of every violation thereof.—Given at headquarters in Yerba Buena.—Signed, John Montgomery. Sept. 15, 1846. Published for the Government of all concerned. Washington A. Bartlett, Magistrate of San Francisco, Sept. 15, 1846.—California Star, Sept. 15, 1846.

[24]

Proclamation To the Inhabitants of California.

It having come to the knowledge of the Commander in Chief of the District that certain persons have been and still are imprisoning and holding to service Indians against their will and without any legal contract for service. It is thereby ordered that all persons so holding or detaining Indians shall release them, and permit them to return to their own homes. Unless they can make a contract with them which shall be binding upon both parties. The Indian population must not be regarded in the light of slaves, but it is deemed necessary that the Indians within the settlement shall have employment, with the right of choosing their own master and employment. Having made such a choice they must abide by it, unless they can obtain permission in writing to leave, or the Justice in their complaint shall consider they have just cause to annull the contract and permit them to obtain another employee. All Indians must be required to obtain service and not be permitted to wander about the country in idleness in a dissolute manner. If found doing so they will be liable to arrest and punishment by labor on the public works at the direction of the Magistrate. All officers, Civil or Military under my command are required to execute the terms of this order and take notice of every violation thereof.—Given at headquarters in Yerba Buena.—Signed, John Montgomery. Sept. 15, 1846. Published for the Government of all concerned. Washington A. Bartlett, Magistrate of San Francisco, Sept. 15, 1846.—California Star, Sept. 15, 1846.

[25]California Laws, 1849-50, p. 408.

[26]Ibid., p. 408.

[27]Bancroft, "History of California," VI, p. 313.

[28]Ibid., p. 313.

[29]The Californian, March 16 and Nov. 4, 1848.

[30]Bancroft, "History of California," p. 287.

[31]Jour. Cal. Leg., 1850, 372-373.

[32]Cong. Globe, 1849-50, App., pt. I, 149-157.

[33]Tuthill, "History of California," p. 320.

[34]Bancroft, "History of California," VI, pp. 252-253.

[35]Ibid., p. 595.

[36]Many Negroes were returned to slavery by the Courts. An owner of slaves in Mississippi brought them voluntarily into California before the adoption of the Constitution by the State. The slaves asserted their freedom and for some months were engaged in business for themselves. The owner under the provision of the Fugitive Slave Act of 1852 brought them before the Justice of Peace, who allowed the claim of the owners and ordered them into his custody. The slaves then petitioned for a writ of habeas corpus which came before the Supreme. Court and after hearing the case the Court ordered that the writ be dismissed and the slaves remanded to their owners.—California Reports, II, 424-426.The case of Alvin Coffey is equally as interesting. This account was given by a lifelong friend of the subject.Alvin Coffey was born in 1822, in Saint Louis, Missouri. He came to California with his sick master, a Mr. Duvall, who landed in San Francisco, September 1, 1849. They went to Sacramento, October 13, 1849. During the next eight months the slave earned for his master $5,000, working in the mines, and by washing for the miners and mining for himself after night, he earned $700 of his own. As the master continued in poor health he decided to return with Alvin to Missouri at the expiration of two years. When they reached Kansas City, Missouri, the master sold Alvin to Nelson Tindle, first taking from him the $5,000, earned for the master, and also the $700 earned for himself.Nelson Tindle took a great liking to Alvin and in a short time made him overseer over a number of slaves. Alvin, however, longed to return to California and, in order to earn his freedom, bought his time from his master and took contracts to build railroads. One day Nelson Tindle said to Alvin that he was too smart a man to be a slave and ought to try and purchase his freedom. Whereupon Alvin told him if he would let him return to California, he could easily earn enough money to effect the purchase. Alvin was permitted to return to California, and in a short time sent his master the $1,500 to pay for his freedom. Alvin then undertook to earn the money to pay for the freedom of his wife and daughters, who were slaves of Doctor Bassett, of Missouri. He earned the required sum and returned for his family. After paying for their freedom, he went with them to Canada, where he left his daughters to be educated. He and his wife Mahalia came to California. It cost him for the freedom of himself and family together with the trips to and from California about $7000. See Bancroft, "History of California," VI, p. 382.

The case of Alvin Coffey is equally as interesting. This account was given by a lifelong friend of the subject.

Alvin Coffey was born in 1822, in Saint Louis, Missouri. He came to California with his sick master, a Mr. Duvall, who landed in San Francisco, September 1, 1849. They went to Sacramento, October 13, 1849. During the next eight months the slave earned for his master $5,000, working in the mines, and by washing for the miners and mining for himself after night, he earned $700 of his own. As the master continued in poor health he decided to return with Alvin to Missouri at the expiration of two years. When they reached Kansas City, Missouri, the master sold Alvin to Nelson Tindle, first taking from him the $5,000, earned for the master, and also the $700 earned for himself.

Nelson Tindle took a great liking to Alvin and in a short time made him overseer over a number of slaves. Alvin, however, longed to return to California and, in order to earn his freedom, bought his time from his master and took contracts to build railroads. One day Nelson Tindle said to Alvin that he was too smart a man to be a slave and ought to try and purchase his freedom. Whereupon Alvin told him if he would let him return to California, he could easily earn enough money to effect the purchase. Alvin was permitted to return to California, and in a short time sent his master the $1,500 to pay for his freedom. Alvin then undertook to earn the money to pay for the freedom of his wife and daughters, who were slaves of Doctor Bassett, of Missouri. He earned the required sum and returned for his family. After paying for their freedom, he went with them to Canada, where he left his daughters to be educated. He and his wife Mahalia came to California. It cost him for the freedom of himself and family together with the trips to and from California about $7000. See Bancroft, "History of California," VI, p. 382.

[37]Some of these cases are more than interesting. Daniel Rodgers came across the plains with his master from Little Rock, Arkansas, worked in the mines in Sonora, California, during the day for his master and at night for himself, earning and paying his master $1,100 for his freedom. Soon afterward the master returned with him to Little Rock and sold him. A number of the leading white gentlemen of Little Rock raised a sum of money, paid for his freedom and set him free. William Pollock and wife from North Carolina came to California with their master who located at Cold Springs, Coloma, California. He paid $1,000 for himself and $800 for his wife. The money was earned by washing for the miners at night and making doughnuts. They removed to Placerville, California, and afterward earned their living as caterers. In 1849, a slaveholder brought his slave to California. Not wishing to take the Negro back to his native State, Alabama, he concluded to sell him by auction. An advertisement was put in the papers, the boy was purchased for $1,000, by Caleb T. Fay, a strong abolitionist, who gave the boy his freedom.A Mississippi slaveholder brought several slaves from that State and promised to give them their freedom in two years. They all ran away save one, Charles Bates, when they learned that they were already free. The owner, finding mining did not pay, started east, taking Charles with him. On the Isthmus of Panama, Charles was persuaded to leave his master. He returned to California and to Stockton with his true friend. On the street one day he was recognized by a party who had lent money to Charles's master. The debtor got out an attachment for the former slave as chattel property, and according to the State law, the Negro was put up and sold at auction. A number of anti-slavery men bought the boy for $750 and gave him his freedom.—California Reports, I, 424-426.

A Mississippi slaveholder brought several slaves from that State and promised to give them their freedom in two years. They all ran away save one, Charles Bates, when they learned that they were already free. The owner, finding mining did not pay, started east, taking Charles with him. On the Isthmus of Panama, Charles was persuaded to leave his master. He returned to California and to Stockton with his true friend. On the street one day he was recognized by a party who had lent money to Charles's master. The debtor got out an attachment for the former slave as chattel property, and according to the State law, the Negro was put up and sold at auction. A number of anti-slavery men bought the boy for $750 and gave him his freedom.—California Reports, I, 424-426.

[38]Bancroft, "History of California," VI, p. 716.

[39]Bancroft, "History of California," VI, p. 716.

[40]Ibid., VI, p. 716.

To determine the sources of the Negroes first brought into California their treatment by the whites and the methods employed to obtain their freedom no documents are more valuable than the manumission papers found in the archives of that State. These throw much light also on the personal history of Negroes, many of whom later became useful citizens of that State.

E. H. TaylortoDennis AvierySlave ReleaseTo all whom it may concern; This is to certify that Dennis Aviery has been my Slave in the State of Georgia for about the term of eight years but by virtue of money to me in hand paid he is free and Liberated from all allegiance to my authority. Coloma Eldorado county California Feb. 8, 1851WitnessGeorge SoallState of CaliforniaEldorado Co.S.S.On this eight day of February, A.D. 1851 personally appeared before me the recorder of said County. E. H. Taylor, satisfactory proved to me to be the person discribed in and who executed the foregoing instrument of liberating his negro slave by the oath of George Scall, a competent witness for that purpose by me duly sworn and the said E. H. Taylor acknowledged that he executed the same freely and voluntarily for the use and purposes therein mentioned. In testimony the thereof, I, John A. Reichart; Recorderfor the said county have hereunto signed my name, and affixed the seal of said office at Coloma this day of year first above writtenJohn A. ReichartRecorder of Eldorado countyFiled for Recording February, 8, 1851 at 9, oclock A.M.J. A. ReichartRecorder's office Record Book[42]Samuel GranthantoAleck LongState of CaliforniaEldorado CountyDeed of ManumissionKnow all men by these presents that I Samuel Grantham of the county and state aforesaid, acting by power of Attorney vested in me by S. Oliver Grantham of St Louis, State of Missouri, acting for and in behalf of said S. Oliver Granthan, and in consideration of the sum of four hundred dollars to me in hand paid the same to receive to the benefit of the said Oliver Grantham have this day liberated, set free and fully and effectually manumitted, Aleck Long. Heretofore a slave for life—the lawful property of the said Thomas Granthan. The description of said Aleck Long, being as follows to wit: about fifty-seven years old; five feet, ten inches in height, gray hair dark complexion with a scar on the inside of the left leg above the ankle.—The said Aleck Long to enjoy and possess now and from hence forth the full exercise of all rights, benefits and privileges of a free man of color free of all or any claim to servitude, slavery or service of the said S. A. Granthan, his heirs, Executors, and assigns and all other persons claiming or to claim forever.In Testimony of this seal of Manumission, I have this day signed my name and affixed my seal this 2nd day of March 1852.Samuel A. GranthanAttorney for State of CaliforniaCounty of Eldorado.Personally appeared before me William Palmer who makes oath and says that Samuel Granthan, whose name appears in the accompanying Seal of Manumission as a party thereto did freelyvoluntarily and of his own will execute to and subscribe the same for the uses and purpose therein contained.Witness my hand and seal this day of March, 1852. A.D. at 4. P.M.J. A. ReichartRecorder of Eldorado County CaliforniaGaven D. Hall(S.S.)Judge of Eldorado countyEldorado county Recorder's office, Record Book.[43]A. J. HoustisCounty Judge of Humboldt County[44]Free Papers of the SlaveWashington,—fromFranklin StewartState of California, County of Butte—Know all men by these presents that Franklin Stewart of the County and State aforesaid do, for and in consideration of seventeen years of faithful service of my slave Washington, rendered by him in the State of Arkansas and Missouri, hereby set free and emancipate him the said slave, his age about thirty-three years, color slight copper and relinquish all rights in the said slave Washington which I might be entitled to in law or equity.Given under my hand and seal this day 4th of May A.D. 1852 Eldorado county Recorder's officeRecord Book, "A"Taylor BartontoNegro BoBState of CaliforniaEldorado County S.S.EmancipationKnow all men to whom these presents shall come; That I, Taylor Barton lately a citizen of the State of Missouri and owner of slaves, do here by this instrument under my hand and seal giventhis ninth day of October, in the year of our Lord eighteen hundred and fifty one set free from bondage to me and all men my slave Bob, and do declare him forever hereafter his own man wherever he may go. Nevertheless I make this condition that the said Bob shall remain with me as my slave faithful and obedient unto me until the twenty-fifth day of December next, commonly known as Christmas.Witness my hand and seal on the day and date aforesaid this date.Taylor Barton(S.S.)William F. EmersonDecember, 25th 1851I do hereby, declare My Slave Bob, to be forever free from and after this date.Taylor Barton(S.S.)In the presence of I. G. Canfield,Justice of the Peace.Filed for RecordJanuary 5th 1852, at 4.p.m.John A. Reichart,Recorder of Eldorado County California.[45]EldoradoState of CaliforniaCounty of Mariposa.Know all men to whom these presents shall come that, I Thomas Thorn of the State and County aforesaid being the rightful owner of the Negro man Peter Green and entitled to his service as a slave during his life have this day released and do by these presents release him from any further service as a slave. And I do by these presents from myself, my heirs, Executors and Administrators declare him, the said Peter Green to be free to act for himself and no longer under bonds as a slave. Provided however that the said Peter Green, shall pay to me the sum of one thousand dollars, good lawful money or work for and serve me from the present time until one year from and after the first day of April next being until the first day of April A.D. 1854In Testimony whereof, I have here unto affixed my hand and Scroll for Seal at Quartzburge this day 5th of February A.D. one thousand eight hundred and fifty three.Thomas Thorn(SealIn the presence of Benjamine F. Ropp. P. Cadell, jr. Joseph A. Tiry I hereby notify that the above obligation has been complied with and that Peter Green was legally discharged.Given under my hand at Quarzburge this 7th day of August, A.D. 1855.James GivensJustice of the Peace.[46]This indenture made and entered into this 14th day August, A.D. 1860 between A. J. Houstis as county Judge of Humboldt County for and in behalf of a certain Indian boy called and known by the name of "Smoky" of the first part and Austin Wiley, of the said county of the second part. That Whereas the said Austin Wiley had in his possession and under his control a certain Indian boy named "Smoky" And whereas the said Austin Wiley avers that he with the assistance of James Frint obtained said Indian of their parents in Mattole valley of this county, by and with their consent. And whereas the said Austin Wiley does now apply to me as County Judge to bond and apprentice the said boy "Smoky" to him according to law to learn the art of household duties about his premises and in this respect to hold the relation of an apprentice until he shall arrive at the lawful majority, the age of twenty-five years, or for the term of seventeen years next following this indenture, the boy being now considered eight years of age. And whereas it appears to me that the second party in this agreement has obtained this boy in a lawful manner without fraud or oppression and that the boy "Smoky" therefore comes justly under the first provision of the law providing for apprenticeship approved April, 8th A.D. 1860.Now therefore I, A. J. Houstis, County Judge Aforesaid, in consideration of the premises and acting for and on behalf of the said Indian boy "Smoky" do by these presents bind and apprentice as above stated the said boy "Smoky" to Austin Wiley for and during the term of seventeen years next following this indenture entitling him according to law to have the care custody, control and earnings of said boy during said period and all other advantages and responsibilities growing out of this indenture and apprenticeship, that the law contemplates. And the said Austin Wiley, the second part in his agreement doth hereby agree, obligate and bind himself that he will truly and faithfully discharge all obligationson his part growing out of this indenture according to law. That he will suitably clothe and provide the necessaries of life for the said boy during his term of indenture. That he will in all respects treat him in a human manner. That he will not take him out of this state nor transfer him to any party not known in this agreement without the consent of legal authorities endorsed thereon and that in all respects she will carry out every provision of law that contemplates the safety, protection and well being of said boy.In witness whereof the parties of this indenture hereunto set their hand and seal this date first above written.A.J.HoustisCounty JudgeFirst partyAustin Wiley,Second partyState of CaliforniaHumboldt CountyAnd now comes Austin Wiley and deposes as follows:The statement made by me in the preamble to this indenture refering to the age of the Indian boy "Smoky" and the manner in which I obtained him are true to the best of my knowledge and beliefAustin WileySworn to and subscribed before me on this 14th day of August A.D. 1860A. J. HoustisCounty Judge of Humboldt County.State of California,}ss.County of Los Angeles.Before the Hon. Benjamin Hayes,Judge of the District Court ofthe 1st Judicial District, Stateof California, County of Los Angeles.[47]In the matter of Hannah and her children, Ann (and Mary, child of Ann), Lawrence, Nathaniel, Jane, Charles, Marion, Martha and an infant boy two weeks old, and of Biddy and her children Ellen, Ann and Harriet, on petition for Habeas Corpus.Now on this nineteenth day of January in the year of our Lord, one thousand eight hundred and fifty-six, the said persons above named are brought before me, in the custody of the Sheriff of said County, all except the said Hannah and infant boy two weeks old, (who are satisfactorily shown to be too infirm to be brought before me,) and except Lawrence (who is necessarily occupied in waiting on his said Mother, Hannah) and Charles (who is absent in San Bernardino County, but within the said Judicial District:) and said Robert Smith, Claimant also appears with his Attorney, Alonzo Thomas, Esq. And after hearing and duly considering the said petition for Habeas Corpus and the return of said Claimant thereto and all the proofs and allegations of the said parties and all the proceedings previously had herein, it appearing satisfactorily to the judge here, that all the said persons so suing in this case, to-wit: Hannah and her said children and Biddy and her said Children are persons of color, and that Charles, aged now six years, was born in the Territory of Utah of the United States, and Marion (aged four years,) Martha (aged two years) Mary, daughter of the said Ann and aged two years and the said infant boy aged two weeks, were born in the State of California and that the said Hannah, Ann, Lawrence, Nathaniel, Jane and Charles, as well as the said Biddy, Ellen, Ann and Harriet, have resided with the said Robert Smith for more than four years and since some time in the year of our Lord one thousand eight hundred and fifty-one, in the State of California; and it further appearing that the said Robert Smith left and removed from the State of Mississippi more than eight years ago with the intention of not returning thereto, but of establishing himself as a resident in Utah Territory, and more than four years ago left and removed from said Utah Territory, with the intention of residing and establishing himself in the State of California and has so resided in said last mentioned State since some time in the year of our Lord one thousand eight hundred and fifty-one. And it further appearing by satisfactory proof to the Judge here, that all the said persons of color are entitled to their freedom and are free and cannot be held in slavery or involuntary servitude, it is therefore adjudged that they are entitled to their freedom, and are free forever. And it further appearing to the satisfaction of the Judge here that the said Robert Smith intends and is about to remove from the state of California, where slavery does not exist, to the state ofTexas, where slavery of Negroes and persons of color does exist and is established by the municipal laws, and intends to remove said before mentioned persons of color to his own use, without the free will and consent of all or any of the said persons of color, whereby their liberty will be greatly jeopardized, and there is good reason to apprehend and believe that they may be sold into slavery or involuntary servitude, and the said Robert Smith is persuading and enticing and seducing, said persons of color to go out of the State of California and to be taken and removed therefrom with the false promise held out to them that they will be as free in the State of Texas as in the State of California. And it further appearing that none of said persons of color can read and write, and are almost entirely ignorant of the laws of the State of California, as well as those of the State of Texas, and of their rights, and that the said Robert Smith from his past relations to them as members of his family, possesses and exercises over them an undue influence in respect to the matter of their said removal insomuch that they have been in duress and not in possession and exercise of their free will so as to give a binding consent to any engagement or arrangement with him. And it further appearing that the said Hannah, is aged thirty-four years, and her daughter, Ann, seventeen years, and all her other children, to-wit: Lawrence, (aged from twelve to thirteen years) Nathaniel (aged from ten to eleven years), Jane, (aged eight years) Charles (aged six years) Marion (aged four years) Martha, (aged two years) and said infant boy of Hannah aged two weeks, as well as Mary (aged two years), daughter of said Ann, are under the age of fourteen years and so under the laws of the State of California are not competent to choose a Guardian for themselves; and it further appearing that the said Biddy is aged thirty-eight years, and the said Ellen is aged seventeen years, and the other children of said Biddy, to-wit: Ann (aged from twelve to thirteen) and Harriet (aged eight years) are under the age of fourteen years, and so by the laws of the State of California are not competent to choose a Guardian for themselves. It further appearing that the said infant boy two weeks of age of Hannah is of tender age and must be kept with his said mother Hannah, the same is accordingly ordered, and said infant boy is entrusted to his said mother hereby, and is ordered to appear with him before the Judge here at the Court House in the City of Los Angeles on next Monday January 1, 1856 at 10 o'clock A.M. ofsaid day if her health shall so permit and if not, as soon thereafter as may be practicable of which the Sheriff of Los Angeles is hereby notified to notify her the said Hannah and whereof the said Robert Smith, being now in the Court has notice, it appearing that she resides in his house and is under his control. And the said Mary, child of Ann appearing to be of tender age, is entrusted to the said Ann to be brought before the Judge here at the time and place aforesaid to be dealt with according to law of which the said Ann and the said Robert Smith have notice here, and the said Martha being of tender years is entrusted to the said Ann, her sister, to be brought before the Judge here at the time and place aforesaid to be dealt with according to law of which the said Ann and the said Robert Smith here have notice and the said Hannah and Ann are appointed Special Guardians respectively of the children so hereby entrusted to them, and notified that it is their duty to obey all lawful orders of the Judge here or of some competent Court touching the premises. And the further hearing of this case as to the said Hannah and infant boy and her child, Lawrence and her children Charles and Mary and Martha is adjourned until said last mentioned time at the Court House of the City of Los Angeles, and it is further ordered that the said Nathaniel (aged from ten to twelve years) Jane (aged eight years) Marion (aged four years) all children of said Hannah, and said child Ann (aged from twelve to thirteen years) and Harriet (aged eight years) are committed to the custody of the Sheriff of Los Angeles County, David W. Alexander, Esq., as especial Guardian until the further order of the Judge here or of other Judge or Court of competent Jurisdiction to appoint General Guardians of aforesaid Children last mentioned, and the said Sheriff will leave in full liberty and discharge the said Biddy and her child Ellen (aged Seventeen years) and the said Ann only being required to obey the said order herinbefore made to appear before the Judge here in manner and form as aforesaid. And it further appearing that the said Charles is absent in San Bernardino County, within said Judicial District. It is ordered that Robert Clift, Esq. Sheriff of said County be and he is hereby appointed Special Guardian of said Charles and as such duly authorized and required to take said Charles in his custody and him safely keep in such manner that said Charles shall not be removed out of the State of California, but shall abide the further order of the Judge here or other Judge or Court of competent Jurisdictiontouching his Guardianship. And it is further ordered and adjudged that all the costs accrued in the case up to the present date and in executing the present order of the Judge here as to the production of the said Hannah and her said infant two weeks old and said Lawrence, Martha and Mary before the Judge here as aforesaid shall be paid by the Said Robert Smith.Given under my hand as Judge of the first Judicial District of the State of California on this 19th day of January, A. D. 1856, at the City of Los Angeles.Benjamin Hayes,District Judge.On this 19th day of January appears the said Robert Smith by his attorney, Alonzo Thomas, Esq., and moves the Judge hereto the costs in this case which is taken under advisement until Monday next at 10 o'clock, A.M.Benjamin Hayes,District Judge.On this Monday, January 21st, 1856 the said Smith and the said parties so ordered to appear as aforesaid do not appear and this cause is continued until tomorrow at 10 o'clock, A.M.Benjamin Hayes,District Judge.

E. H. TaylortoDennis Aviery

Slave Release

To all whom it may concern; This is to certify that Dennis Aviery has been my Slave in the State of Georgia for about the term of eight years but by virtue of money to me in hand paid he is free and Liberated from all allegiance to my authority. Coloma Eldorado county California Feb. 8, 1851WitnessGeorge Soall

State of CaliforniaEldorado Co.

S.S.

On this eight day of February, A.D. 1851 personally appeared before me the recorder of said County. E. H. Taylor, satisfactory proved to me to be the person discribed in and who executed the foregoing instrument of liberating his negro slave by the oath of George Scall, a competent witness for that purpose by me duly sworn and the said E. H. Taylor acknowledged that he executed the same freely and voluntarily for the use and purposes therein mentioned. In testimony the thereof, I, John A. Reichart; Recorderfor the said county have hereunto signed my name, and affixed the seal of said office at Coloma this day of year first above written

John A. ReichartRecorder of Eldorado county

Filed for Recording February, 8, 1851 at 9, oclock A.M.J. A. ReichartRecorder's office Record Book[42]

Samuel GranthantoAleck LongState of CaliforniaEldorado County

Deed of Manumission

Know all men by these presents that I Samuel Grantham of the county and state aforesaid, acting by power of Attorney vested in me by S. Oliver Grantham of St Louis, State of Missouri, acting for and in behalf of said S. Oliver Granthan, and in consideration of the sum of four hundred dollars to me in hand paid the same to receive to the benefit of the said Oliver Grantham have this day liberated, set free and fully and effectually manumitted, Aleck Long. Heretofore a slave for life—the lawful property of the said Thomas Granthan. The description of said Aleck Long, being as follows to wit: about fifty-seven years old; five feet, ten inches in height, gray hair dark complexion with a scar on the inside of the left leg above the ankle.—The said Aleck Long to enjoy and possess now and from hence forth the full exercise of all rights, benefits and privileges of a free man of color free of all or any claim to servitude, slavery or service of the said S. A. Granthan, his heirs, Executors, and assigns and all other persons claiming or to claim forever.

In Testimony of this seal of Manumission, I have this day signed my name and affixed my seal this 2nd day of March 1852.

Samuel A. GranthanAttorney for State of California

County of Eldorado.

Personally appeared before me William Palmer who makes oath and says that Samuel Granthan, whose name appears in the accompanying Seal of Manumission as a party thereto did freelyvoluntarily and of his own will execute to and subscribe the same for the uses and purpose therein contained.

Witness my hand and seal this day of March, 1852. A.D. at 4. P.M.J. A. ReichartRecorder of Eldorado County California

Gaven D. Hall(S.S.)Judge of Eldorado county

Eldorado county Recorder's office, Record Book.[43]

A. J. HoustisCounty Judge of Humboldt County[44]

Free Papers of the Slave

Washington,—fromFranklin StewartState of California, County of Butte—

Know all men by these presents that Franklin Stewart of the County and State aforesaid do, for and in consideration of seventeen years of faithful service of my slave Washington, rendered by him in the State of Arkansas and Missouri, hereby set free and emancipate him the said slave, his age about thirty-three years, color slight copper and relinquish all rights in the said slave Washington which I might be entitled to in law or equity.

Given under my hand and seal this day 4th of May A.D. 1852 Eldorado county Recorder's officeRecord Book, "A"

Taylor BartontoNegro BoBState of CaliforniaEldorado County S.S.

Emancipation

Know all men to whom these presents shall come; That I, Taylor Barton lately a citizen of the State of Missouri and owner of slaves, do here by this instrument under my hand and seal giventhis ninth day of October, in the year of our Lord eighteen hundred and fifty one set free from bondage to me and all men my slave Bob, and do declare him forever hereafter his own man wherever he may go. Nevertheless I make this condition that the said Bob shall remain with me as my slave faithful and obedient unto me until the twenty-fifth day of December next, commonly known as Christmas.

Witness my hand and seal on the day and date aforesaid this date.

Taylor Barton(S.S.)

William F. EmersonDecember, 25th 1851

I do hereby, declare My Slave Bob, to be forever free from and after this date.

Taylor Barton(S.S.)

In the presence of I. G. Canfield,Justice of the Peace.Filed for RecordJanuary 5th 1852, at 4.p.m.

John A. Reichart,Recorder of Eldorado County California.[45]

Eldorado

State of CaliforniaCounty of Mariposa.

Know all men to whom these presents shall come that, I Thomas Thorn of the State and County aforesaid being the rightful owner of the Negro man Peter Green and entitled to his service as a slave during his life have this day released and do by these presents release him from any further service as a slave. And I do by these presents from myself, my heirs, Executors and Administrators declare him, the said Peter Green to be free to act for himself and no longer under bonds as a slave. Provided however that the said Peter Green, shall pay to me the sum of one thousand dollars, good lawful money or work for and serve me from the present time until one year from and after the first day of April next being until the first day of April A.D. 1854

In Testimony whereof, I have here unto affixed my hand and Scroll for Seal at Quartzburge this day 5th of February A.D. one thousand eight hundred and fifty three.

Thomas Thorn(Seal

In the presence of Benjamine F. Ropp. P. Cadell, jr. Joseph A. Tiry I hereby notify that the above obligation has been complied with and that Peter Green was legally discharged.

Given under my hand at Quarzburge this 7th day of August, A.D. 1855.

James GivensJustice of the Peace.[46]

This indenture made and entered into this 14th day August, A.D. 1860 between A. J. Houstis as county Judge of Humboldt County for and in behalf of a certain Indian boy called and known by the name of "Smoky" of the first part and Austin Wiley, of the said county of the second part. That Whereas the said Austin Wiley had in his possession and under his control a certain Indian boy named "Smoky" And whereas the said Austin Wiley avers that he with the assistance of James Frint obtained said Indian of their parents in Mattole valley of this county, by and with their consent. And whereas the said Austin Wiley does now apply to me as County Judge to bond and apprentice the said boy "Smoky" to him according to law to learn the art of household duties about his premises and in this respect to hold the relation of an apprentice until he shall arrive at the lawful majority, the age of twenty-five years, or for the term of seventeen years next following this indenture, the boy being now considered eight years of age. And whereas it appears to me that the second party in this agreement has obtained this boy in a lawful manner without fraud or oppression and that the boy "Smoky" therefore comes justly under the first provision of the law providing for apprenticeship approved April, 8th A.D. 1860.

Now therefore I, A. J. Houstis, County Judge Aforesaid, in consideration of the premises and acting for and on behalf of the said Indian boy "Smoky" do by these presents bind and apprentice as above stated the said boy "Smoky" to Austin Wiley for and during the term of seventeen years next following this indenture entitling him according to law to have the care custody, control and earnings of said boy during said period and all other advantages and responsibilities growing out of this indenture and apprenticeship, that the law contemplates. And the said Austin Wiley, the second part in his agreement doth hereby agree, obligate and bind himself that he will truly and faithfully discharge all obligationson his part growing out of this indenture according to law. That he will suitably clothe and provide the necessaries of life for the said boy during his term of indenture. That he will in all respects treat him in a human manner. That he will not take him out of this state nor transfer him to any party not known in this agreement without the consent of legal authorities endorsed thereon and that in all respects she will carry out every provision of law that contemplates the safety, protection and well being of said boy.

In witness whereof the parties of this indenture hereunto set their hand and seal this date first above written.

A.J.HoustisCounty JudgeFirst partyAustin Wiley,Second party

State of CaliforniaHumboldt County

And now comes Austin Wiley and deposes as follows:

The statement made by me in the preamble to this indenture refering to the age of the Indian boy "Smoky" and the manner in which I obtained him are true to the best of my knowledge and belief

Austin Wiley

Sworn to and subscribed before me on this 14th day of August A.D. 1860

A. J. HoustisCounty Judge of Humboldt County.

Before the Hon. Benjamin Hayes,Judge of the District Court ofthe 1st Judicial District, Stateof California, County of Los Angeles.[47]

In the matter of Hannah and her children, Ann (and Mary, child of Ann), Lawrence, Nathaniel, Jane, Charles, Marion, Martha and an infant boy two weeks old, and of Biddy and her children Ellen, Ann and Harriet, on petition for Habeas Corpus.

Now on this nineteenth day of January in the year of our Lord, one thousand eight hundred and fifty-six, the said persons above named are brought before me, in the custody of the Sheriff of said County, all except the said Hannah and infant boy two weeks old, (who are satisfactorily shown to be too infirm to be brought before me,) and except Lawrence (who is necessarily occupied in waiting on his said Mother, Hannah) and Charles (who is absent in San Bernardino County, but within the said Judicial District:) and said Robert Smith, Claimant also appears with his Attorney, Alonzo Thomas, Esq. And after hearing and duly considering the said petition for Habeas Corpus and the return of said Claimant thereto and all the proofs and allegations of the said parties and all the proceedings previously had herein, it appearing satisfactorily to the judge here, that all the said persons so suing in this case, to-wit: Hannah and her said children and Biddy and her said Children are persons of color, and that Charles, aged now six years, was born in the Territory of Utah of the United States, and Marion (aged four years,) Martha (aged two years) Mary, daughter of the said Ann and aged two years and the said infant boy aged two weeks, were born in the State of California and that the said Hannah, Ann, Lawrence, Nathaniel, Jane and Charles, as well as the said Biddy, Ellen, Ann and Harriet, have resided with the said Robert Smith for more than four years and since some time in the year of our Lord one thousand eight hundred and fifty-one, in the State of California; and it further appearing that the said Robert Smith left and removed from the State of Mississippi more than eight years ago with the intention of not returning thereto, but of establishing himself as a resident in Utah Territory, and more than four years ago left and removed from said Utah Territory, with the intention of residing and establishing himself in the State of California and has so resided in said last mentioned State since some time in the year of our Lord one thousand eight hundred and fifty-one. And it further appearing by satisfactory proof to the Judge here, that all the said persons of color are entitled to their freedom and are free and cannot be held in slavery or involuntary servitude, it is therefore adjudged that they are entitled to their freedom, and are free forever. And it further appearing to the satisfaction of the Judge here that the said Robert Smith intends and is about to remove from the state of California, where slavery does not exist, to the state ofTexas, where slavery of Negroes and persons of color does exist and is established by the municipal laws, and intends to remove said before mentioned persons of color to his own use, without the free will and consent of all or any of the said persons of color, whereby their liberty will be greatly jeopardized, and there is good reason to apprehend and believe that they may be sold into slavery or involuntary servitude, and the said Robert Smith is persuading and enticing and seducing, said persons of color to go out of the State of California and to be taken and removed therefrom with the false promise held out to them that they will be as free in the State of Texas as in the State of California. And it further appearing that none of said persons of color can read and write, and are almost entirely ignorant of the laws of the State of California, as well as those of the State of Texas, and of their rights, and that the said Robert Smith from his past relations to them as members of his family, possesses and exercises over them an undue influence in respect to the matter of their said removal insomuch that they have been in duress and not in possession and exercise of their free will so as to give a binding consent to any engagement or arrangement with him. And it further appearing that the said Hannah, is aged thirty-four years, and her daughter, Ann, seventeen years, and all her other children, to-wit: Lawrence, (aged from twelve to thirteen years) Nathaniel (aged from ten to eleven years), Jane, (aged eight years) Charles (aged six years) Marion (aged four years) Martha, (aged two years) and said infant boy of Hannah aged two weeks, as well as Mary (aged two years), daughter of said Ann, are under the age of fourteen years and so under the laws of the State of California are not competent to choose a Guardian for themselves; and it further appearing that the said Biddy is aged thirty-eight years, and the said Ellen is aged seventeen years, and the other children of said Biddy, to-wit: Ann (aged from twelve to thirteen) and Harriet (aged eight years) are under the age of fourteen years, and so by the laws of the State of California are not competent to choose a Guardian for themselves. It further appearing that the said infant boy two weeks of age of Hannah is of tender age and must be kept with his said mother Hannah, the same is accordingly ordered, and said infant boy is entrusted to his said mother hereby, and is ordered to appear with him before the Judge here at the Court House in the City of Los Angeles on next Monday January 1, 1856 at 10 o'clock A.M. ofsaid day if her health shall so permit and if not, as soon thereafter as may be practicable of which the Sheriff of Los Angeles is hereby notified to notify her the said Hannah and whereof the said Robert Smith, being now in the Court has notice, it appearing that she resides in his house and is under his control. And the said Mary, child of Ann appearing to be of tender age, is entrusted to the said Ann to be brought before the Judge here at the time and place aforesaid to be dealt with according to law of which the said Ann and the said Robert Smith have notice here, and the said Martha being of tender years is entrusted to the said Ann, her sister, to be brought before the Judge here at the time and place aforesaid to be dealt with according to law of which the said Ann and the said Robert Smith here have notice and the said Hannah and Ann are appointed Special Guardians respectively of the children so hereby entrusted to them, and notified that it is their duty to obey all lawful orders of the Judge here or of some competent Court touching the premises. And the further hearing of this case as to the said Hannah and infant boy and her child, Lawrence and her children Charles and Mary and Martha is adjourned until said last mentioned time at the Court House of the City of Los Angeles, and it is further ordered that the said Nathaniel (aged from ten to twelve years) Jane (aged eight years) Marion (aged four years) all children of said Hannah, and said child Ann (aged from twelve to thirteen years) and Harriet (aged eight years) are committed to the custody of the Sheriff of Los Angeles County, David W. Alexander, Esq., as especial Guardian until the further order of the Judge here or of other Judge or Court of competent Jurisdiction to appoint General Guardians of aforesaid Children last mentioned, and the said Sheriff will leave in full liberty and discharge the said Biddy and her child Ellen (aged Seventeen years) and the said Ann only being required to obey the said order herinbefore made to appear before the Judge here in manner and form as aforesaid. And it further appearing that the said Charles is absent in San Bernardino County, within said Judicial District. It is ordered that Robert Clift, Esq. Sheriff of said County be and he is hereby appointed Special Guardian of said Charles and as such duly authorized and required to take said Charles in his custody and him safely keep in such manner that said Charles shall not be removed out of the State of California, but shall abide the further order of the Judge here or other Judge or Court of competent Jurisdictiontouching his Guardianship. And it is further ordered and adjudged that all the costs accrued in the case up to the present date and in executing the present order of the Judge here as to the production of the said Hannah and her said infant two weeks old and said Lawrence, Martha and Mary before the Judge here as aforesaid shall be paid by the Said Robert Smith.

Given under my hand as Judge of the first Judicial District of the State of California on this 19th day of January, A. D. 1856, at the City of Los Angeles.

Benjamin Hayes,District Judge.

On this 19th day of January appears the said Robert Smith by his attorney, Alonzo Thomas, Esq., and moves the Judge hereto the costs in this case which is taken under advisement until Monday next at 10 o'clock, A.M.

Benjamin Hayes,District Judge.

On this Monday, January 21st, 1856 the said Smith and the said parties so ordered to appear as aforesaid do not appear and this cause is continued until tomorrow at 10 o'clock, A.M.

Benjamin Hayes,District Judge.

FOOTNOTES:[41]These Documents were collected by Miss D. L. Beasley and M. N. Work.[42]Miscellany, p. 35.[43]Miscellany, p. 545.[44]This paper is from the collection of 105 in the Court House at Eureka. Austin Wiley, whose name appears in the document, was later appointed Superintendent of Indian Affairs for California; and during his term of office did much to bring to a satisfactory termination the trouble then existing between the settlers and the natives.[45]Miscellany, p. 541.[46]These are freedom papers as recorded in the California County Court records, and as they have been found by the California Archivist, Mr. Owen Coy.[47]This court record was obtained by Mr. W. N. Work.

[41]These Documents were collected by Miss D. L. Beasley and M. N. Work.

[42]Miscellany, p. 35.

[43]Miscellany, p. 545.

[44]This paper is from the collection of 105 in the Court House at Eureka. Austin Wiley, whose name appears in the document, was later appointed Superintendent of Indian Affairs for California; and during his term of office did much to bring to a satisfactory termination the trouble then existing between the settlers and the natives.

[45]Miscellany, p. 541.

[46]These are freedom papers as recorded in the California County Court records, and as they have been found by the California Archivist, Mr. Owen Coy.

[47]This court record was obtained by Mr. W. N. Work.

Jefferson, like a number of liberal-minded men of his time, execrated the slave trade and as the following extracts will show held it as a grievance against the British.

During the regal government we had, at one time, obtained a law which imposed such a duty on the importation of slaves as amounted nearly in a prohibition, when one inconsiderate assembly, placed under a peculiarity of circumstance, repealed the law. This repeal met a joyful sanction from the then reigning sovereign, and no devices, no expedients which could ever be attempted by subsequent assemblies (and they seldom met without attempting them) could succeed in getting the royal assent to a renewal of the duty. In the very first session held under the republican government, the assembly passed a law for the perpetual prohibition of the importation of slaves. This will, in some measure, stop the increase of this great political and moral evil, while the minds of our citizens may be ripening for a complete emancipation of human nature.[48]The abolition of domestic slavery is the great object of desire in those Colonies, where it was, unhappily, introduced in their infant state. But previous to the enfranchisement of the slaves we have, it is necessary to exclude all further importations from Africa. Yet our repeated attempts to effect this by prohibitions, and by imposing duties which might amount to a prohibition, have been hitherto defeated by his Majesty's negative: Thus preferring the immediate advantages of a few British corsairs to the lasting interests of the American States, and to the rights of human nature, deeply wounded by this infamous practice.[49]

The abolition of domestic slavery is the great object of desire in those Colonies, where it was, unhappily, introduced in their infant state. But previous to the enfranchisement of the slaves we have, it is necessary to exclude all further importations from Africa. Yet our repeated attempts to effect this by prohibitions, and by imposing duties which might amount to a prohibition, have been hitherto defeated by his Majesty's negative: Thus preferring the immediate advantages of a few British corsairs to the lasting interests of the American States, and to the rights of human nature, deeply wounded by this infamous practice.[49]

With the same thought as that of the views expressed above Jefferson incorporated into the original Declarationof Independence an indictment of George III as promoting the ruin of the colonies in encouraging the slave trade. He said:

He (George III) has waged cruel war against human nature itself, violating its most sacred rights of life and liberty in the persons of a distant people who never offended him, captivating and carrying them into slavery in another hemisphere, or to incur miserable death in their transportation thither. This piratical warfare, the opprobrium ofInfidelpowers, is the warfare of theChristian Kingof Great Britain. Determined to keep open a market whereMenshould be bought and sold, he has prostituted his negative for suppressing every legislative attempt to prohibit or to restrain this execrable commerce. And that this assemblage of horrors might want no fact of distinguished dye, he is now exciting those very people to rise in arms among us, and to purchase that liberty of which he has deprived them, by murdering the people upon whom he has obtruded them; thus paying off former crimes committed against theLibertiesof one people, with crimes which he urges them to commit against the lives of another.[50]

Influenced by the struggle for the rights of man, Jefferson seriously advocated freeing the Negroes, that they too might work out their own destiny on foreign soil. He did not think that it would be wise to leave the freedmen in this country controlled by white men by whom he believed they should not be assimilated.[51]The first time he had an opportunity, therefore, he made an effort in this direction. This was the case of his work in connection with the committee appointed to revise the laws of Virginia, the report of which he prepared.

Jefferson said:

The bill reported by the revisers of the whole (Virginia) code does not itself contain the proposition to emancipate all slaves born after the passing the act; but an amendment containing it was prepared, to be offered to the Legislature whenever the bill should be taken up, and further directing, that they should continue with their parents to a certain age, then to be brought up, at the public expense, to tillage, arts or sciences, according to their geniuses, till the females should be eighteen, and the males twenty-one years of age, when they should be colonized to such place as the circumstances of the time should render most proper, sending them out with arms, implements of household and of the handicraft arts; seeds, pairs of the useful domestic animals, &c., to declare them a free and independent people, and extend to them our alliance and protection, till they shall have acquired strength; and to send vessels at the same time to other parts of the world for an equal number of white inhabitants; to induce them to migrate hither, proper encouragements were to be proposed.[52]

Discussing the serious difficulties of the problem, he compared that of the Romans with the situation in the colonies:

This unfortunate difference of color, and perhaps of faculty, is a powerful obstacle to the emancipation of these people. Many of their advocates, while they wish to vindicate the liberty of human nature, are anxious also to preserve its dignity and beauty. Some of these, embarrassed by the question; "What further is to be done with them?" join themselves in opposition with those who are actuated by sordid avarice only. Among the Romans emancipation required but one effort. The slave, when made free, might mix with, without straining the blood of his master. But with us a second is necessary, unknown to history. When freed, he is to be removed beyond the reach of mixture.[53]

Writing to John Lynch in 1811, Jeff arson gave his ideas as to the possibility of successful African colonization.

You ask my opinion on the proposition of Mrs. Mifflin, to take measures for procuring, on the coast of Africa, an establishment to which the people of color of these States might, from time to timebe colonized, under the auspices of different governments. Having long ago made up my mind on this subject, I have no hesitation in saying that I have ever thought it the most desirable measure which could be adopted, for gradually drawing off this part of our population, most advantageously for themselves as well as for us. Going from a country possessing all the useful arts, they might be the means of transplanting them among the inhabitants of Africa, and would thus carry back to the country of their origin, the seeds of civilization which might render their sojournment and sufferings here a blessing in the end to that country.[54]Nothing is more to be wished than that the United States would themselves undertake to make such an establishment on the coast of Africa. Exclusive of motives of humanity, the commercial advantages to be derived from it might repay all its expenses. But for this, the national mind is not yet prepared. It may perhaps be doubted whether many of these people would voluntarily consent to such an exchange of situation, and very certain that few of those advanced to a certain age in habits of slavery, would be capable of self-government. This should not, however, discourage the experiment, not the early trial of it.[55]I received in the first year of my coming into the administration of the General Government, a letter from the Governor of Virginia (Colonel Monroe), consulting me, at the request of the Legislature of the State, on the means of procuring some such asylum, to which these people might be occasionally sent. I proposed to him the establishment of Sierra Leone, in which a private company in England had already colonized a number of negroes and particularly the fugitives from these States during the Revolutionary War; and at the same time suggested, if this could be obtained, some of the Portuguese possessions in South America, as next most desirable. The subsequent Legislature approving these ideas, I wrote, the ensuing year, 1802, to Mr. King, our Minister in London, to endeavor to negotiate with the Sierra Leone company a reception of such of these people as might be colonized thither. He opened a correspondence with Mr. Wedderbourne and Mr. Thornton, secretaries of the company, on the subject, and, in 1803, I received through Mr. King the result, which was that the colony was going on, but in a languishing condition; that the funds of the company were likely to fail, as they received no returns of profit tokeep them up; that they were, therefore, in treaty with their government to take the establishment off their hands; but that in no event should they be willing to receive more of these people from the United States, as it was exactly that portion of their settlers which had gone from hence, which, by their idleness and turbulence, had kept the settlement in constant danger of dissolution, which could not have been prevented but for the aid of the maroon negroes from the West Indies, who were more industrious and orderly than the others, and supported the authority of the government and its laws ... The effort which I made with Portugal, to obtain an establishment for them within their claims in South America, proved also abortive.[56]

Nothing is more to be wished than that the United States would themselves undertake to make such an establishment on the coast of Africa. Exclusive of motives of humanity, the commercial advantages to be derived from it might repay all its expenses. But for this, the national mind is not yet prepared. It may perhaps be doubted whether many of these people would voluntarily consent to such an exchange of situation, and very certain that few of those advanced to a certain age in habits of slavery, would be capable of self-government. This should not, however, discourage the experiment, not the early trial of it.[55]

I received in the first year of my coming into the administration of the General Government, a letter from the Governor of Virginia (Colonel Monroe), consulting me, at the request of the Legislature of the State, on the means of procuring some such asylum, to which these people might be occasionally sent. I proposed to him the establishment of Sierra Leone, in which a private company in England had already colonized a number of negroes and particularly the fugitives from these States during the Revolutionary War; and at the same time suggested, if this could be obtained, some of the Portuguese possessions in South America, as next most desirable. The subsequent Legislature approving these ideas, I wrote, the ensuing year, 1802, to Mr. King, our Minister in London, to endeavor to negotiate with the Sierra Leone company a reception of such of these people as might be colonized thither. He opened a correspondence with Mr. Wedderbourne and Mr. Thornton, secretaries of the company, on the subject, and, in 1803, I received through Mr. King the result, which was that the colony was going on, but in a languishing condition; that the funds of the company were likely to fail, as they received no returns of profit tokeep them up; that they were, therefore, in treaty with their government to take the establishment off their hands; but that in no event should they be willing to receive more of these people from the United States, as it was exactly that portion of their settlers which had gone from hence, which, by their idleness and turbulence, had kept the settlement in constant danger of dissolution, which could not have been prevented but for the aid of the maroon negroes from the West Indies, who were more industrious and orderly than the others, and supported the authority of the government and its laws ... The effort which I made with Portugal, to obtain an establishment for them within their claims in South America, proved also abortive.[56]

In this extract Jefferson goes a step further in presenting a scheme for financing the project, giving even the exact amount which he thought would suffice.

In the disposition of these unfortunate people, there are two rational objects to be distinctly kept in view. First. The establishment of a colony on the coast of Africa, which may introduce among the aborigines the arts of cultivated life and the blessings of civilization and science. By doing this, we may make to them some retribution for the long course of injuries we have been committing on their population. And considering that these blessings will descend to thenati natorum et qui nascentur ab illis, we shall in the long run have rendered them perhaps more good than evil. To fulfil this object, the colony of Sierra Leone promises well, and that of Mesurado adds to our prospect of success. Under this view the Colonization Society is to be considered as a missionary society, having in view, however, objects more humane, more justifiable, and less aggressive on the peace of other nations than the others of that appelation. The second object, and the most interesting to us, as coming home to our physical and moral characters, to our happiness and safety, is to provide an asylum to which we can, by degrees, send the whole of that population from among us, and establish them under our patronage and protection, as a separate, free and independent people, in some country and climate friendly to human life and happiness. That any place on the coast of Africa should answer the latter purpose, I have ever deemed entirely impossible. And without repeating the other arguments which havebeen urged by others, I will appeal to figures only, which admit no controversy.[57]There is, I think, a way in which (the removal of the slaves to another country) can be done; that is by emancipating the after-born, leaving them, on due compensation, with their mothers, until their services are worth their maintenance, and then putting them to industrious occupations until a proper age for deportation. This was the result of my reflections on the subject five and forty years ago, and I have never yet been able to conceive any other practicable plan. It was sketched in theNotes of Virginia. The estimated value of the new-born infant is so low (say twelve dollars and fifty cents) that it would probably be yielded by the owner gratis, and would thus reduce the six hundred millions of dollars, the first head of expense, to thirty-seven millions and a half; leaving only the expenses of nourishment while with the mother, and of transportation.[58]From what fund are these expenses to be furnished? Why not from that of the lands which have been ceded by the very States now needing this relief? And ceded on no consideration, for the most part, but that of the general good of the whole. These cessions already constitute one-fourth of the States of the Union. It may be said that these lands have been sold; are not the property of the citizens composing these States; and the money long ago received and expended. But an equivalent of lands in the territories since acquired may be appropriated to that object, or so much, at least, as may be sufficient; and the object, although more important to the slave States, is highly so to the others also, if they were serious in their arguments on the Missouri question. The slave States, too, if more interested, would also contribute more by their gratutious liberation, thus taking on themselves alone the first and heaviest item of expense.[59]

There is, I think, a way in which (the removal of the slaves to another country) can be done; that is by emancipating the after-born, leaving them, on due compensation, with their mothers, until their services are worth their maintenance, and then putting them to industrious occupations until a proper age for deportation. This was the result of my reflections on the subject five and forty years ago, and I have never yet been able to conceive any other practicable plan. It was sketched in theNotes of Virginia. The estimated value of the new-born infant is so low (say twelve dollars and fifty cents) that it would probably be yielded by the owner gratis, and would thus reduce the six hundred millions of dollars, the first head of expense, to thirty-seven millions and a half; leaving only the expenses of nourishment while with the mother, and of transportation.[58]

From what fund are these expenses to be furnished? Why not from that of the lands which have been ceded by the very States now needing this relief? And ceded on no consideration, for the most part, but that of the general good of the whole. These cessions already constitute one-fourth of the States of the Union. It may be said that these lands have been sold; are not the property of the citizens composing these States; and the money long ago received and expended. But an equivalent of lands in the territories since acquired may be appropriated to that object, or so much, at least, as may be sufficient; and the object, although more important to the slave States, is highly so to the others also, if they were serious in their arguments on the Missouri question. The slave States, too, if more interested, would also contribute more by their gratutious liberation, thus taking on themselves alone the first and heaviest item of expense.[59]

As the proper place for the colonization of emancipated blacks seemed quite a problem, almost any seemingly desirable place was recommended. Santo Domingo proved to be attractive after the bloody scenes of the revolution had passed away.

In the plan sketched in theNotes on Virginia, no particular place of asylum was specified; because it was thought possible that in the revolutionary state of America, then commenced, events might open to us some one within practicable distance. This has now happened. Santo Domingo has become independent, and with a population of that color only; and if the public papers are to be credited, their Chief offers to pay their passage, to receive them as free citizens, and to provide them employment. This leaves, then, for the general confederacy, no expense but that of nurture with the mother for a few years, and would call, of course, for a very moderate appropriation of the vacant lands.... In this way no violation of private right is proposed.[60]

In hisNotes on VirginiaJefferson discusses all of the phases of slavery as they appeared to him at that time. He took up the justification of the institution of slavery among the Romans, the enslavement of the Indian and the Negroes, the cause of the increase in slaves, and the effects of the same on both the masters and the enslaved.[61]

An inhuman practice once prevailed in this country, of making slaves of the Indians. This practice commenced with the Spaniards with the first discovery of America.[62]Under the mild treatment our slaves experience, and their wholesome, though coarse food, this blot in our country increase as fast, or faster than the whites.[63]We know that among the Romans, about the Augustan age especially, the condition of their slaves was much more deplorablethan that of the blacks on the continent of America. The two sexes were confined in separate apartments, because to raise a child cost the master more than to buy one. Cato, for a very restricted indulgence to his slaves in this particular, took from them a certain price. But in this country the slaves multiply as fast as the free inhabitants.... The same Cato, on a principle of economy, always sold his sick and superannuated slaves. He gives it as a standing precept to a master visiting his farm, to sell his old oxen, old wagons, old tools, old and diseased servants, and everything else become useless.... The American slaves cannot enumerate this among the injuries and insults they receive. It was the common practice to expose in the island Æsculapius, in the Tiber, diseased slaves whose cure was likely to become tedious. The Emperor Claudius, by an edict, gave freedom to such of them as should recover, and first declared that if any person chose to kill rather than expose them, it should be deemed homicide. The exposing them is a crime of which no instance has existed with us; and were it to be followed by death, it would be punished capitally. We are told of a certain Vedius Pollio, who, in the presence of Augustus, would have given a slave as food to his fish for having broken a glass. With the Romans, the regular method of taking the evidence of their slaves was under torture. Here it has been thought better never to resort to their evidence. When a master was murdered, all his slaves, in the same house, or within hearing, were condemned to death. Here punishment falls on the guilty only, and as precise proof is required against his as against a freeman. Yet notwithstanding these and other discouraging circumstances among the Romans, their slaves were often their rarest artists. They excelled, too, in science, insomuch as to be usually employed as tutors to their master's children. Epictetus, Terence, and Phoedrus, were slaves. But they were of the race of whites. It is not their condition then, but nature which has produced the distinction. Whether further observation will or will not verify the conjecture, that nature has been less bountiful to them in the endowments of the head, I believe that in those of the heart she will be found to have done them justice.[64]That disposition to theft with which they have been branded, must be ascribed to their situation, and not to any depravity of the moral sense. The man in whose favor no laws of property exist, probably feels himself less bound to respect those made in favor ofothers. When arguing for ourselves, we lay it down as a fundamental, that laws, to be just, must give a reciprocation of right; that, without this, they are mere arbitrary rules of conduct, founded in force, and not in conscience; and it is a problem which I give to the master to solve, whether the religious precepts against the violation of property were not framed for him as well as his slave? And whether the slave may not as justifiably take a little from one who has taken all from him, as he may slay one who would slay him? That a change in the relations in which a man is placed should change his ideas of moral right or wrong, is neither new, nor peculiar to the color of the blacks. Homer tells us it was so two thousand six hundred years ago.[65]The whole commerce between master and slave is a perpetual exercise of the most boisterous passions, the most unremitting despotism on the one part, and degrading submissions on the other. Our children see this, and learn to imitate it; for man is an imitative animal. This quality is the germ of all education in him. From his cradle to his grave he is learning to do what he sees others do. If a parent could find no motive either in his philanthropy or his self-love, for restraining the intemperance of passion towards his slave, it should always be a sufficient one that his child is present. But, generally, it is not sufficient. The parent storms, the child looks on, catches the lineaments of wrath, puts on the same airs in the circle of smaller slaves, gives a loose to the worst of passions, and thus nursed, educated, and daily exercised in tyranny, cannot but be stamped by it with odious peculiarities. The man must be a prodigy who can retain his manners and morals undepraved by such circumstances. And with what execrations should the statesman be loaded, who, permitting one-half the citizens thus to trample on the rights of the other, transforms those into despots, and these into enemies, destroys the morals of the one part, and theamor patriaeof the other. For if a slave can have a country in this world, it must be any other in preference to that in which he is born to live and labor for another; in which he must lock up the faculties of his nature, contribute as far as depends on his inhuman race, or entail his own miserable condition on the endless generations proceeding from him.[66]Can the liberties of a nation be thought secure when we have removed their only firm basis, a conviction in the minds of the peoplethat these liberties are of the gift of God? That they are not to be violated but with his wrath? Indeed, I tremble for my country when I reflect that God is just; that his justice cannot sleep forever; that considering numbers, nature and natural means only, a revolution of the wheel of fortune, an exchange of situation is among possible events; that it may become probable by supernatural interference! The Almighty has no attribute which can take side with us in such a contest.[67]With the morals of the people, their industry also is destroyed. For in a warm climate, no man will labor for himself who can make another labor for him. This is so true that of the proprietors of slaves a very small proportion indeed are ever seen to labor.[68]It is impossible to be temperate and to pursue this subject through the various considerations of policy, or morals, of history, natural and civil. We must be contented to hope they will force their way into every one's mind.... The way, I hope, is preparing, under the auspices of heaven, for a total emancipation, and that this is disposed, in the order of events, to be with the consent of the masters, rather than by their extirpation.[69]

An inhuman practice once prevailed in this country, of making slaves of the Indians. This practice commenced with the Spaniards with the first discovery of America.[62]

Under the mild treatment our slaves experience, and their wholesome, though coarse food, this blot in our country increase as fast, or faster than the whites.[63]

We know that among the Romans, about the Augustan age especially, the condition of their slaves was much more deplorablethan that of the blacks on the continent of America. The two sexes were confined in separate apartments, because to raise a child cost the master more than to buy one. Cato, for a very restricted indulgence to his slaves in this particular, took from them a certain price. But in this country the slaves multiply as fast as the free inhabitants.... The same Cato, on a principle of economy, always sold his sick and superannuated slaves. He gives it as a standing precept to a master visiting his farm, to sell his old oxen, old wagons, old tools, old and diseased servants, and everything else become useless.... The American slaves cannot enumerate this among the injuries and insults they receive. It was the common practice to expose in the island Æsculapius, in the Tiber, diseased slaves whose cure was likely to become tedious. The Emperor Claudius, by an edict, gave freedom to such of them as should recover, and first declared that if any person chose to kill rather than expose them, it should be deemed homicide. The exposing them is a crime of which no instance has existed with us; and were it to be followed by death, it would be punished capitally. We are told of a certain Vedius Pollio, who, in the presence of Augustus, would have given a slave as food to his fish for having broken a glass. With the Romans, the regular method of taking the evidence of their slaves was under torture. Here it has been thought better never to resort to their evidence. When a master was murdered, all his slaves, in the same house, or within hearing, were condemned to death. Here punishment falls on the guilty only, and as precise proof is required against his as against a freeman. Yet notwithstanding these and other discouraging circumstances among the Romans, their slaves were often their rarest artists. They excelled, too, in science, insomuch as to be usually employed as tutors to their master's children. Epictetus, Terence, and Phoedrus, were slaves. But they were of the race of whites. It is not their condition then, but nature which has produced the distinction. Whether further observation will or will not verify the conjecture, that nature has been less bountiful to them in the endowments of the head, I believe that in those of the heart she will be found to have done them justice.[64]

That disposition to theft with which they have been branded, must be ascribed to their situation, and not to any depravity of the moral sense. The man in whose favor no laws of property exist, probably feels himself less bound to respect those made in favor ofothers. When arguing for ourselves, we lay it down as a fundamental, that laws, to be just, must give a reciprocation of right; that, without this, they are mere arbitrary rules of conduct, founded in force, and not in conscience; and it is a problem which I give to the master to solve, whether the religious precepts against the violation of property were not framed for him as well as his slave? And whether the slave may not as justifiably take a little from one who has taken all from him, as he may slay one who would slay him? That a change in the relations in which a man is placed should change his ideas of moral right or wrong, is neither new, nor peculiar to the color of the blacks. Homer tells us it was so two thousand six hundred years ago.[65]

The whole commerce between master and slave is a perpetual exercise of the most boisterous passions, the most unremitting despotism on the one part, and degrading submissions on the other. Our children see this, and learn to imitate it; for man is an imitative animal. This quality is the germ of all education in him. From his cradle to his grave he is learning to do what he sees others do. If a parent could find no motive either in his philanthropy or his self-love, for restraining the intemperance of passion towards his slave, it should always be a sufficient one that his child is present. But, generally, it is not sufficient. The parent storms, the child looks on, catches the lineaments of wrath, puts on the same airs in the circle of smaller slaves, gives a loose to the worst of passions, and thus nursed, educated, and daily exercised in tyranny, cannot but be stamped by it with odious peculiarities. The man must be a prodigy who can retain his manners and morals undepraved by such circumstances. And with what execrations should the statesman be loaded, who, permitting one-half the citizens thus to trample on the rights of the other, transforms those into despots, and these into enemies, destroys the morals of the one part, and theamor patriaeof the other. For if a slave can have a country in this world, it must be any other in preference to that in which he is born to live and labor for another; in which he must lock up the faculties of his nature, contribute as far as depends on his inhuman race, or entail his own miserable condition on the endless generations proceeding from him.[66]

Can the liberties of a nation be thought secure when we have removed their only firm basis, a conviction in the minds of the peoplethat these liberties are of the gift of God? That they are not to be violated but with his wrath? Indeed, I tremble for my country when I reflect that God is just; that his justice cannot sleep forever; that considering numbers, nature and natural means only, a revolution of the wheel of fortune, an exchange of situation is among possible events; that it may become probable by supernatural interference! The Almighty has no attribute which can take side with us in such a contest.[67]

With the morals of the people, their industry also is destroyed. For in a warm climate, no man will labor for himself who can make another labor for him. This is so true that of the proprietors of slaves a very small proportion indeed are ever seen to labor.[68]

It is impossible to be temperate and to pursue this subject through the various considerations of policy, or morals, of history, natural and civil. We must be contented to hope they will force their way into every one's mind.... The way, I hope, is preparing, under the auspices of heaven, for a total emancipation, and that this is disposed, in the order of events, to be with the consent of the masters, rather than by their extirpation.[69]

During the early part of Jefferson's public career he did not have a good opinion of the Negro and his possibilities. This is his attitude as expressed in hisNotes on Virginiain 1782, whenever he referred to the Negro. Ignorant of the fact that science shows that no race is superior to another, Jefferson considered the blacks inferior to the Indians, believed that they lacked literary ability, the finer senses of other races and although exhibiting a little aptitude in music were both physically and mentally inferior to the whites.

It will probably be asked, why not retain and incorporate the blacks into the State, and thus save the expense of supplying by importation of white settlers, the vacancies they will leave? Deep-rooted prejudices entertained by the whites; ten thousand recollections, by the blacks, of the injuries they have sustained; new provocations; the real distinctions which nature has made; and many other circumstances will divide us into parties, and produce convulsions,which will probably never end but in the extermination of the one or the other race.[70]To these objections, which are political may be added others, which are physical and moral. Whether the black of the negro resides in the reticular membrane between the skin and scarf-skin, or in the scarf-skin itself; whether it proceeds from the color of the blood, the color of the bile, or from that of some other secretion, the difference is fixed in nature, and is as real as if its seat and cause were better known to us. And is this difference of no importance? Is it not the foundation of a greater or less suffusions of color in the one, preferable to that eternal monotony, which reign in the countenances, that immovable veil of black which covers all the emotions of the other race? Add to these, flowing hair, a more elegant symmetry of form, their own judgment in favor of the whites, declared by their preference of them, as uniformly as is the preference of the Oranootan for the black woman over those of his own species. The circumstance of superior beauty, is thought worthy attention in the propagation of our horses, dogs, and other domestic animals; why not in that of man? Besides those of color, figure, and hair, there are other physical distinctions proving a difference of race. They have less hair on the face and body. They secrete less by the kidneys, and more by the glands of the skin, which gives them a very strong and disagreeable odor. This greater degree of transpiration renders them more tolerant of heat, and less of cold than the whites. Perhaps, too, a difference of structure in the pulmonary apparatus, which a late ingenious experimentalist (Crawford) has discovered to be the principal regulator of animal heat, may have disabled them from extricating, in the act of inspiration, so much of that fluid from the outer air, or obliged them in expiration, to part with more of it.[71]They seem to require less sleep. A black, after hard labor through the day, will be induced by the slightest amusements to sit up till midnight, or later, though knowing he must be out with the first dawn of the morning.[72]In general, their existence appears to participate more sensation than reflection. To this must be ascribed their disposition to sleep when abstracted from their diversions, and unemployed in labor. An animal whose body is at rest, and who does not reflect, must be disposed to sleep of course.[73]Their griefs are transient. Those numberless afflictions, which render it doubtful whether Heaven has given life to us in mercy or in wrath, are less felt, and sooner forgotten with them.[74]Comparing them by their faculties of memory, reason, and imagination, it appears to me that in memory they are equal to the whites; in reason much inferior, as I think one could scarcely be found capable of tracing and comprehending the investigations of Euclid; and that in imagination they are dull, tasteless, and anomalous. It would be unfair to follow them to Africa for this investigation. We will consider them here, on the same stage with the whites, and where the facts are not apocryphal on which a judgment is to be formed. It will be right to make great allowances for the difference of condition, of education, of conversation, of the sphere in which they move. Many millions of them have been brought to, and born in America. Most of them, indeed, have been confined to tillage, to their own homes, and their own society; yet many of them have been so situated that they might have availed themselves of the conversation of their masters; many of them have been brought up to the handicraft arts, and from that circumstance have always been associated with the whites. Some have been liberally educated, and all have lived in countries where the arts and sciences are cultivated to a considerable degree, and have had before their eyes samples of the best works from abroad. The Indians, with no advantages of this kind, will often carve figures on their pipes not destitute of design and merit. They will crayon out an animal, a plant, or a country, so as to prove the existence of a germ in their minds which only wants cultivation. They astonish you with strokes of the most sublime oratory; such as prove their reason and sentiment strong, their imagination glowing and elevated. But never yet could I find that a black had uttered a thought above the level of plain narration; never saw ever an elementary trait of painting or sculpture.[75]In music they are more generally gifted than the whites, with accurate ears for tune and time, and they have been found capable of imagining a small catch. Whether they will be equal to the composition of a more extensive run of melody, or of complicated harmony, is yet to be proved.[76]Misery is often the parent of the most affecting touches in poetry. Among the blacks is misery enough, God knows, but nopoetry. Their love is ardent, but it kindles the senses only, not the imagination. Religion, indeed, has produced a Phyllis Wheatley; but it could not produce a poet. The compositions published under her name are below the dignity of criticism. The heroes of the Dunciad are to her, as Hercules to the author of that poem.[77]Ignatius Sancho has approached nearer to merit in composition (than Phyllis Wheatley); yet his letters do more honor to the heart than the head. They breathe the purest effusions of friendship and general philanthropy, and show how great a degree of the latter may be compounded with strong religious zeal. He is often happy in the turn of his compliments, and his style is easy and familiar, except when he affects a Shandean fabrication of words. But his imagination is wild and extravagant, escapes incessantly from every restraint of reason and taste, and, in the course of its vagaries, leaves a tract of thought as incoherent and eccentric, as is the course of a meteor through the sky. His subjects should often have led him to a process of sober reasoning; yet we find him always substituting sentiment for demonstration. Upon the whole, though we admit him to the first place among those of his own color who have presented themselves to the public judgment, yet when compare him with the writers of the race among whom he lived and particularly with the epistolary class in which he has taken his own stand, we are compelled to enroll him at the bottom of the column. This criticism supposes the letters published under the name to be genuine, and to have received amendment from no other hand; points which would not be of easy investigation.[78]The improvement of the blacks in body and mind, in the first instance of their mixture with the whites, has been observed by every one, and proves that their inferiority is not the effect merely of their condition in life.[79]The opinion that they are inferior in the faculties of reason and imagination, must be hazarded with great diffidence. To justify a general conclusion, requires many observations, even where the subject may be submitted to the anatomical knife, to optical glasses, to analysis by fire or by solvents. How much more then where it is a faculty, not a substance, we are examining; where it eludes the research of all the senses; where the conditions of its existence are various and variously combined; where the effects of those whichare present or absent bid defiance to calculation; let me all too, as a circumstance of great tenderness, where our conclusion would degrade a whole race of men from the rank in the scale of beings which their Creator may perhaps have given them. To our reproach it must be said, that though for a century and a half we have had under our eyes the races of black and or red men, they have never yet been viewed by us as subjects of natural history. I advance it, therefore, as a suspicion only, that the blacks, whether originally a distinct race, or made distinct by time and circumstances, are inferior to the whites in the endowments both of body and mind. It is not against experience to suppose that different species of the same genus, or varieties of the same species, may possess different qualifications. Will not a lover of natural history, then, one who views the gradations in all the races of animals with the eye of philosophy, excuse an effort to keep those in the department of man as distinct as nature has formed them?[80]

To these objections, which are political may be added others, which are physical and moral. Whether the black of the negro resides in the reticular membrane between the skin and scarf-skin, or in the scarf-skin itself; whether it proceeds from the color of the blood, the color of the bile, or from that of some other secretion, the difference is fixed in nature, and is as real as if its seat and cause were better known to us. And is this difference of no importance? Is it not the foundation of a greater or less suffusions of color in the one, preferable to that eternal monotony, which reign in the countenances, that immovable veil of black which covers all the emotions of the other race? Add to these, flowing hair, a more elegant symmetry of form, their own judgment in favor of the whites, declared by their preference of them, as uniformly as is the preference of the Oranootan for the black woman over those of his own species. The circumstance of superior beauty, is thought worthy attention in the propagation of our horses, dogs, and other domestic animals; why not in that of man? Besides those of color, figure, and hair, there are other physical distinctions proving a difference of race. They have less hair on the face and body. They secrete less by the kidneys, and more by the glands of the skin, which gives them a very strong and disagreeable odor. This greater degree of transpiration renders them more tolerant of heat, and less of cold than the whites. Perhaps, too, a difference of structure in the pulmonary apparatus, which a late ingenious experimentalist (Crawford) has discovered to be the principal regulator of animal heat, may have disabled them from extricating, in the act of inspiration, so much of that fluid from the outer air, or obliged them in expiration, to part with more of it.[71]

They seem to require less sleep. A black, after hard labor through the day, will be induced by the slightest amusements to sit up till midnight, or later, though knowing he must be out with the first dawn of the morning.[72]

In general, their existence appears to participate more sensation than reflection. To this must be ascribed their disposition to sleep when abstracted from their diversions, and unemployed in labor. An animal whose body is at rest, and who does not reflect, must be disposed to sleep of course.[73]

Their griefs are transient. Those numberless afflictions, which render it doubtful whether Heaven has given life to us in mercy or in wrath, are less felt, and sooner forgotten with them.[74]

Comparing them by their faculties of memory, reason, and imagination, it appears to me that in memory they are equal to the whites; in reason much inferior, as I think one could scarcely be found capable of tracing and comprehending the investigations of Euclid; and that in imagination they are dull, tasteless, and anomalous. It would be unfair to follow them to Africa for this investigation. We will consider them here, on the same stage with the whites, and where the facts are not apocryphal on which a judgment is to be formed. It will be right to make great allowances for the difference of condition, of education, of conversation, of the sphere in which they move. Many millions of them have been brought to, and born in America. Most of them, indeed, have been confined to tillage, to their own homes, and their own society; yet many of them have been so situated that they might have availed themselves of the conversation of their masters; many of them have been brought up to the handicraft arts, and from that circumstance have always been associated with the whites. Some have been liberally educated, and all have lived in countries where the arts and sciences are cultivated to a considerable degree, and have had before their eyes samples of the best works from abroad. The Indians, with no advantages of this kind, will often carve figures on their pipes not destitute of design and merit. They will crayon out an animal, a plant, or a country, so as to prove the existence of a germ in their minds which only wants cultivation. They astonish you with strokes of the most sublime oratory; such as prove their reason and sentiment strong, their imagination glowing and elevated. But never yet could I find that a black had uttered a thought above the level of plain narration; never saw ever an elementary trait of painting or sculpture.[75]

In music they are more generally gifted than the whites, with accurate ears for tune and time, and they have been found capable of imagining a small catch. Whether they will be equal to the composition of a more extensive run of melody, or of complicated harmony, is yet to be proved.[76]

Misery is often the parent of the most affecting touches in poetry. Among the blacks is misery enough, God knows, but nopoetry. Their love is ardent, but it kindles the senses only, not the imagination. Religion, indeed, has produced a Phyllis Wheatley; but it could not produce a poet. The compositions published under her name are below the dignity of criticism. The heroes of the Dunciad are to her, as Hercules to the author of that poem.[77]

Ignatius Sancho has approached nearer to merit in composition (than Phyllis Wheatley); yet his letters do more honor to the heart than the head. They breathe the purest effusions of friendship and general philanthropy, and show how great a degree of the latter may be compounded with strong religious zeal. He is often happy in the turn of his compliments, and his style is easy and familiar, except when he affects a Shandean fabrication of words. But his imagination is wild and extravagant, escapes incessantly from every restraint of reason and taste, and, in the course of its vagaries, leaves a tract of thought as incoherent and eccentric, as is the course of a meteor through the sky. His subjects should often have led him to a process of sober reasoning; yet we find him always substituting sentiment for demonstration. Upon the whole, though we admit him to the first place among those of his own color who have presented themselves to the public judgment, yet when compare him with the writers of the race among whom he lived and particularly with the epistolary class in which he has taken his own stand, we are compelled to enroll him at the bottom of the column. This criticism supposes the letters published under the name to be genuine, and to have received amendment from no other hand; points which would not be of easy investigation.[78]

The improvement of the blacks in body and mind, in the first instance of their mixture with the whites, has been observed by every one, and proves that their inferiority is not the effect merely of their condition in life.[79]

The opinion that they are inferior in the faculties of reason and imagination, must be hazarded with great diffidence. To justify a general conclusion, requires many observations, even where the subject may be submitted to the anatomical knife, to optical glasses, to analysis by fire or by solvents. How much more then where it is a faculty, not a substance, we are examining; where it eludes the research of all the senses; where the conditions of its existence are various and variously combined; where the effects of those whichare present or absent bid defiance to calculation; let me all too, as a circumstance of great tenderness, where our conclusion would degrade a whole race of men from the rank in the scale of beings which their Creator may perhaps have given them. To our reproach it must be said, that though for a century and a half we have had under our eyes the races of black and or red men, they have never yet been viewed by us as subjects of natural history. I advance it, therefore, as a suspicion only, that the blacks, whether originally a distinct race, or made distinct by time and circumstances, are inferior to the whites in the endowments both of body and mind. It is not against experience to suppose that different species of the same genus, or varieties of the same species, may possess different qualifications. Will not a lover of natural history, then, one who views the gradations in all the races of animals with the eye of philosophy, excuse an effort to keep those in the department of man as distinct as nature has formed them?[80]

He was impressed, however, with the integrity of the Negroes and paid them the following tribute:

Notwithstanding these considerations which must weaken their respect for the laws of property, we find among them numerous instances of the most rigid integrity, and as many as among their better instructed masters, of benevolence, gratitude, and unshaken fidelity.[81]

In later years it seems that Jefferson changed from his position of certainty as to the inferiority of the Negro to that of doubt. At one time he believed in the possibilities of the Negro and then again he receded from that position to take up the argument that the blacks lack the capacity with which the whites are endowed. Jefferson shows that he was either ill-informed or insincere. Writing to General Chastellux in 1785 concerning the future of the Negro Jefferson remarked:

I have supposed the black man, in his present state might not be in body and mind equal to the white man; but it would be hazardousto affirm, that, equally cultivated for a few generations, he would not become so.[82]

To Benjamin Banneker, the surveyor and astronomer, who was regarded by some as his friend, he addressed the following in 1791:

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 merely to the degraded condition of their existence, both in Africa and America.... I have taken the liberty of sending your Almanac to Monsieur de Condorcet, Secretary of the Academy of Sciences at Paris, and member of the Philanthropic Society, because I considered it as a document to which your color had a right for their justification against the doubts which have been entertained of them[83]

Jefferson's letter to the Marquis de Condorcet presented Banneker's attainments as evidence of the mental capacity of Negroes. He said:

We have now in the United States a Negro, the son of a black man born in Africa and a black woman born in the United States, who is a very respectable mathematician. I procured him to be employed under one of our chief directors in laying out the new Federal City on the Potomac and in the intervals of his leisure, while on that work, he made an almanac for the next year, which he sent me in his own handwriting, and which I enclose to you. I have seen very elegant solutions of geometrical problems by him. Add to this that he is a very worthy and respectable member of society. He is a free man. I shall be delighted to see these instances of moral eminence so multiplied as to prove that the want of talents observed in them, is merely the effect of their degraded condition, and not proceeding from any difference in the structure of the parts on which intellect depends[84]

In a letter to Banneker himself concerning the achievements of this astronomer and mathematician, Jefferson said:

Nobody wishes more ardently than I do 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.[85]

Back to Index Next