FOOTNOTES:

FOOTNOTES:[397]Davidson,History of the Presbyterian Church in Kentucky, p. 336.[398]Minutes of Transylvania Presbytery, Vol. 1, p. 147.[399]Minutes of Transylvania Presbytery, Vol. 2, pp. 102-3.[400]Ibid., Vol. 2, pp. 163, 224.[401]Minutes W. Lexington Presbytery, Vol. 1, p. 38.[402]Ibid., p. 81.[403]Minutes of Kentucky Synod, Vol. 5, pp. 28, 31.[404]Minutes of Kentucky Synod, Vol. 5, pp. 50-52.[405]Address to Presbyterians of Kentucky, pp. 33-34.[406]Ibid., p. 34.[407]Davidson,History of the Presbyterian Church in Kentucky, p. 340.[408]Op. cit., p. 340.[409]Blanchard and Rice,Debate on Slavery, p. 88.[410]Spencer,History of the Baptists in Kentucky, Vol. 1, p. 186.[411]Niles' Register, May 24, 1845.[412]Ibid., June 28, 1845.[413]Ibid., June 8, 1844.[414]Ibid., May 17, 24, 31, 1845.[415]Niles' Register, September 27, 1845.[416]Collins,History of Kentucky, Vol. 1, p. 81.[417]Ibid., Vol. 1, p. 83.[418]Schurz, Carl,Henry Clay, Vol. 1, p. 31.[419]Colton,Works of Clay, Vol. 6, p. 153.[420]His attitude was perhaps best shown when, on a visit to Richmond, Indiana, in the fall of 1846, he was presented with a petition by a Quaker by the name of Mendenhall asking him to liberate all the slaves he owned. Clay made a rather lengthy speech to the gentleman on the general principles of the question and then, came down to the practical side of the problem:"Without any knowledge of the relation in which I stand to my slaves, or their individual condition, you, Mr. Mendenhall, and your associates, who have been active in getting up this petition, call upon me forthwith to liberate the whole of them. Now let me tell you, that some half a dozen of them, from age, decrepitude, or infirmity, are wholly unable to gain a livelihood for themselves, and are a heavy charge upon me. Do you think that I should conform to the dictates of humanity by ridding myself of that charge, and sending them forth into the world with the boon of liberty, to end a wretched existence in starvation? Another class is composed of helpless infants, with or without improvident mothers. Do you believe as a Christian, that I should perform my duty toward them by abandoning them to their fate? Then there is another class who would not accept their freedom if I would give it to them. I have for many years owned a slave that I wished would leave me, but he would not. What shall I do with that class?""What my treatment of my slaves is you can learn from Charles, who accompanies me on this journey, and who has traveled with me over the greater part of the United States, and in both the Canadas, and has had a thousand opportunities, if he had chosen to embrace them, to leave me. Excuse me, Mr. Mendenhall, for saying that my slaves are as well fed and clad, look as sleek and hearty, and are quite as civil and respectful in their demeanor, and as little disposed to wound the feelings of any one, as you are.""I shall, Mr. Mendenhall, take your petition into respectful and deliberate consideration; but before I come to a final decision, I should like to know what you and your associates are willing to do for the slaves in my possession, if I should think proper to liberate them. I own about fifty, who are probably worth about fifteen thousand dollars. To turn them loose upon society without any means of subsistence or support would be an act of cruelty. Are you willing to raise and secure the payment of fifteen thousand dollars for their benefit, if I should be induced to free them? The security of the payment of that sum would materially lessen the obstacle in the way of their emancipation."—Colton, Reed & McKinley,Works of Henry Clay, Vol. 6, pp. 388-390.This sums up in Clay's own words his treatment of the slaves that were under his control. It is not to be presumed in any case that general conditions in the State were like this. There were obvious reasons why Clay couldn't get one or two of his slaves to accept freedom when he offered it, for they realized that they were far better off under his own particular care than they could ever hope to be under an absolutely free status in society.[421]So consistent was Clay in deed as well as words in spite of all that the opposing forces had accomplished in the "State of Kentucky that when he died he left a will which did for his own slaves just what he would have had others do in his lifetime. As long as he lived he refused to emancipate his slaves but when he passed away he left a written document, the following portion of which forms the eminent climax to a career of continuous labors for the eventual good of the Kentucky slave owners as well as the slaves themselves."In the sale of any of my slaves, I direct that members of families shall not be separated without their consent."My will is, and I accordingly direct, that the issue of all my female slaves, which shall be born after the first day of January, 1850, shall be free at the respective ages, of the males at twenty-eight, and of the females at twenty-five; and that the three years next preceding their arrival at the age of freedom, they shall be entitled to their hire or wages for those years, or of the fair value of their services, to defray the expense of transporting them to one of the African colonies and of furnishing them with an outfit on their arrival there."And I further direct, that they be taught to read, to write, and to cipher, and that they be sent to Africa. I further will and direct, that the issue of any of the females, who are so to be entitled to their freedom, at the age of twenty-five, shall be free at their birth, and that they be bound out as apprentices to learn farming, or some useful trade, upon the condition also, of being taught to read, to write, and to cipher. And I direct also, that the age of twenty-one having been attained, they shall be sent to one of the African colonies, to raise the necessary funds for which purpose, if they shall not have previously earned them, they must be hired out for a sufficient length of time."I require and enjoin my executors and descendants to pay particular attention to the execution of this provision of my will. And if they should sell any of the females who or whose issue are to be free, I especially desire them to guard carefully the rights of such issue by all suitable stipulations and sanctions in the contract of sale. But I hope that it may not be necessary to sell any such persons who are to be entitled to their freedom, but that they may be retained in the possession of some of my descendants."—Colton, Reed & McKinley, Vol. 3, p. 153.[422]Birney, William,James G. Birney and his Times, p. 132.[423]Birney, William,James G. Birney and his Times, p. 133.[424]Ibid., p. 182. The interesting story of Birney and his troubles with his fellow townsmen does not come within the scope of this investigation and will be found treated at length in William Birney'sJames G. Birney and His Times.[425]Birney, William,James G. Birney and his Times, p. 185.[426]Ibid., p. 155.[427]Birney, William,James G. Birney and his Times, p. 156.[428]Quick to recognize this tendency, Clay referred to it in his Senate speech of February 7, 1839:"The proposition in Kentucky for gradual emancipation did not prevail, but it was sustained by a large and respectable minority. That minority had increased, and was increasing, until the abolitionists commenced their operations. The effect has been to dissipate all prospects whatever, for the present, of any scheme of gradual or other emancipation. The people of that state have been shocked and alarmed by these abolition movements, and the number who would now favor a system even of gradual emancipation is probably less than it was in the years 1798-9. At the session of the legislature held in 1837-8 the question of calling a convention was submitted to a consideration of the people by a law passed in conformity with the Constitution of that state. Many motives existed for the passage of the law, and among them that of emancipation had its influence. When the question was passed upon by the people at their last annual election, only about one fourth of the whole voters of the state supported a call of a convention. The apprehension of the danger of abolition was the leading consideration among the people for opposing the call. But for that, but for the agitation of the question of abolition in states whose population had no right, in the opinion of the people of Kentucky, to interfere in the matter, the vote for a convention would have been much larger, if it had not been carried.... Prior to the agitation of this subject of abolition, there was a progressive melioration in the condition of the slaves—schools of instruction were opened by humane and religious persons. These are now all checked, and a spirit of insubordination having shown itself in some localities, traceable, it is believed, to abolition movements and exertions, the legislative authority has found it expedient to infuse fresh vigor into the police and the laws which regulate the conduct of the slaves."—Colton, Reed & McKinley,Works of Henry Clay, Vol. 6, pp. 153-154.[429]Niles' Register, July 4, 1835.[430]Shaler, N. S.,Kentucky, p. 197.[431]Louisville Weekly Journal, September 26, 1849.[432]Niles' Register, May 9, 1849. Clay, Cassius,Memoirs, pp. 175-178. Collins,History of Kentucky, Vol. 1, p. 59.[433]Clay endeavored in his plan to be fair to all parties concerned, not only the Negro but the slave owner as well, as is well evident in the following paragraph, in which he sought to show the justice of his scheme to the holders of Negroes in the State:"That the system, will be attended with some sacrifices on the part of the slaveholders, which are to be regretted, need not be denied. What great and beneficent enterprise was ever accomplished without risk and sacrifice! But these sacrifices are distant, contingent, and inconsiderable. Assuming the year 1860 for the commencement of the system, all slaves born prior to that time would remain such during their lives, and the present loss of the slaveholder would be only the difference in value of the female slave whose offspring, if she had any, born after the first day of January, 1860, should be free at the age of twenty-five or should be slaves for life. In the meantime, if the right to remove or sell the slave out of the State should be exercised, that trifling loss would not be incurred. The slaveholder, after the commencement of the system, would lose the difference between the value of the slaves for life and slaves until the age of twenty-five years. He might also incur some inconsiderable expense in rearing from their birth the issue of those who were to be free at twenty-five, until they were old enough to be apprenticed out; but as it is probable that they would be most generally bound to him, he would receive some indemnity from their services until they attained their majority."[434]Collins,History of Kentucky, Vol. 1, p. 58.[435]Niles' Register, February 21, 1849.[436]We know how Clay felt about this matter, for he referred to it at length in his speech in the Senate on February 20, 3850, in the debate on the Compromise resolutions. Speaking particularly of his letter of emancipation he declared: "I knew at the moment that I wrote that letter in New Orleans, as well as I know at this moment, that a majority of the people of Kentucky would not adopt my scheme, or probably any project whatever of gradual emancipation. Perfectly well did I know it; but I was anxious that, if any of my posterity, or any human being who comes after me, should have occasion to look into my sentiments, and ascertain what they were on this great institution of slavery; to put them on record then; and ineffectual as I saw the project would be, I felt it was a duty which I owed to myself, to truth, to my country, and to my God, to record my sentiments. The State of Kentucky has decided as I anticipated she would do. I regret it; but I acquiesce in her decision." —Colton, Reed & McKinley,Works of Henry Clay, Vol. 3, p. 353[437]Collins,History of Kentucky, Vol. 1, p. 61.[438]Ibid., Vol. 1, p. 83.[439]Session Laws of 1863, p. 366.[440]Ibid., 1856, Vol. 1, p. 50.[441]Maysville Eagle, April 11, 1838.

[397]Davidson,History of the Presbyterian Church in Kentucky, p. 336.

[398]Minutes of Transylvania Presbytery, Vol. 1, p. 147.

[399]Minutes of Transylvania Presbytery, Vol. 2, pp. 102-3.

[400]Ibid., Vol. 2, pp. 163, 224.

[401]Minutes W. Lexington Presbytery, Vol. 1, p. 38.

[402]Ibid., p. 81.

[403]Minutes of Kentucky Synod, Vol. 5, pp. 28, 31.

[404]Minutes of Kentucky Synod, Vol. 5, pp. 50-52.

[405]Address to Presbyterians of Kentucky, pp. 33-34.

[406]Ibid., p. 34.

[407]Davidson,History of the Presbyterian Church in Kentucky, p. 340.

[408]Op. cit., p. 340.

[409]Blanchard and Rice,Debate on Slavery, p. 88.

[410]Spencer,History of the Baptists in Kentucky, Vol. 1, p. 186.

[411]Niles' Register, May 24, 1845.

[412]Ibid., June 28, 1845.

[413]Ibid., June 8, 1844.

[414]Ibid., May 17, 24, 31, 1845.

[415]Niles' Register, September 27, 1845.

[416]Collins,History of Kentucky, Vol. 1, p. 81.

[417]Ibid., Vol. 1, p. 83.

[418]Schurz, Carl,Henry Clay, Vol. 1, p. 31.

[419]Colton,Works of Clay, Vol. 6, p. 153.

[420]His attitude was perhaps best shown when, on a visit to Richmond, Indiana, in the fall of 1846, he was presented with a petition by a Quaker by the name of Mendenhall asking him to liberate all the slaves he owned. Clay made a rather lengthy speech to the gentleman on the general principles of the question and then, came down to the practical side of the problem:"Without any knowledge of the relation in which I stand to my slaves, or their individual condition, you, Mr. Mendenhall, and your associates, who have been active in getting up this petition, call upon me forthwith to liberate the whole of them. Now let me tell you, that some half a dozen of them, from age, decrepitude, or infirmity, are wholly unable to gain a livelihood for themselves, and are a heavy charge upon me. Do you think that I should conform to the dictates of humanity by ridding myself of that charge, and sending them forth into the world with the boon of liberty, to end a wretched existence in starvation? Another class is composed of helpless infants, with or without improvident mothers. Do you believe as a Christian, that I should perform my duty toward them by abandoning them to their fate? Then there is another class who would not accept their freedom if I would give it to them. I have for many years owned a slave that I wished would leave me, but he would not. What shall I do with that class?""What my treatment of my slaves is you can learn from Charles, who accompanies me on this journey, and who has traveled with me over the greater part of the United States, and in both the Canadas, and has had a thousand opportunities, if he had chosen to embrace them, to leave me. Excuse me, Mr. Mendenhall, for saying that my slaves are as well fed and clad, look as sleek and hearty, and are quite as civil and respectful in their demeanor, and as little disposed to wound the feelings of any one, as you are.""I shall, Mr. Mendenhall, take your petition into respectful and deliberate consideration; but before I come to a final decision, I should like to know what you and your associates are willing to do for the slaves in my possession, if I should think proper to liberate them. I own about fifty, who are probably worth about fifteen thousand dollars. To turn them loose upon society without any means of subsistence or support would be an act of cruelty. Are you willing to raise and secure the payment of fifteen thousand dollars for their benefit, if I should be induced to free them? The security of the payment of that sum would materially lessen the obstacle in the way of their emancipation."—Colton, Reed & McKinley,Works of Henry Clay, Vol. 6, pp. 388-390.This sums up in Clay's own words his treatment of the slaves that were under his control. It is not to be presumed in any case that general conditions in the State were like this. There were obvious reasons why Clay couldn't get one or two of his slaves to accept freedom when he offered it, for they realized that they were far better off under his own particular care than they could ever hope to be under an absolutely free status in society.

"Without any knowledge of the relation in which I stand to my slaves, or their individual condition, you, Mr. Mendenhall, and your associates, who have been active in getting up this petition, call upon me forthwith to liberate the whole of them. Now let me tell you, that some half a dozen of them, from age, decrepitude, or infirmity, are wholly unable to gain a livelihood for themselves, and are a heavy charge upon me. Do you think that I should conform to the dictates of humanity by ridding myself of that charge, and sending them forth into the world with the boon of liberty, to end a wretched existence in starvation? Another class is composed of helpless infants, with or without improvident mothers. Do you believe as a Christian, that I should perform my duty toward them by abandoning them to their fate? Then there is another class who would not accept their freedom if I would give it to them. I have for many years owned a slave that I wished would leave me, but he would not. What shall I do with that class?"

"What my treatment of my slaves is you can learn from Charles, who accompanies me on this journey, and who has traveled with me over the greater part of the United States, and in both the Canadas, and has had a thousand opportunities, if he had chosen to embrace them, to leave me. Excuse me, Mr. Mendenhall, for saying that my slaves are as well fed and clad, look as sleek and hearty, and are quite as civil and respectful in their demeanor, and as little disposed to wound the feelings of any one, as you are."

"I shall, Mr. Mendenhall, take your petition into respectful and deliberate consideration; but before I come to a final decision, I should like to know what you and your associates are willing to do for the slaves in my possession, if I should think proper to liberate them. I own about fifty, who are probably worth about fifteen thousand dollars. To turn them loose upon society without any means of subsistence or support would be an act of cruelty. Are you willing to raise and secure the payment of fifteen thousand dollars for their benefit, if I should be induced to free them? The security of the payment of that sum would materially lessen the obstacle in the way of their emancipation."—Colton, Reed & McKinley,Works of Henry Clay, Vol. 6, pp. 388-390.

This sums up in Clay's own words his treatment of the slaves that were under his control. It is not to be presumed in any case that general conditions in the State were like this. There were obvious reasons why Clay couldn't get one or two of his slaves to accept freedom when he offered it, for they realized that they were far better off under his own particular care than they could ever hope to be under an absolutely free status in society.

[421]So consistent was Clay in deed as well as words in spite of all that the opposing forces had accomplished in the "State of Kentucky that when he died he left a will which did for his own slaves just what he would have had others do in his lifetime. As long as he lived he refused to emancipate his slaves but when he passed away he left a written document, the following portion of which forms the eminent climax to a career of continuous labors for the eventual good of the Kentucky slave owners as well as the slaves themselves."In the sale of any of my slaves, I direct that members of families shall not be separated without their consent."My will is, and I accordingly direct, that the issue of all my female slaves, which shall be born after the first day of January, 1850, shall be free at the respective ages, of the males at twenty-eight, and of the females at twenty-five; and that the three years next preceding their arrival at the age of freedom, they shall be entitled to their hire or wages for those years, or of the fair value of their services, to defray the expense of transporting them to one of the African colonies and of furnishing them with an outfit on their arrival there."And I further direct, that they be taught to read, to write, and to cipher, and that they be sent to Africa. I further will and direct, that the issue of any of the females, who are so to be entitled to their freedom, at the age of twenty-five, shall be free at their birth, and that they be bound out as apprentices to learn farming, or some useful trade, upon the condition also, of being taught to read, to write, and to cipher. And I direct also, that the age of twenty-one having been attained, they shall be sent to one of the African colonies, to raise the necessary funds for which purpose, if they shall not have previously earned them, they must be hired out for a sufficient length of time."I require and enjoin my executors and descendants to pay particular attention to the execution of this provision of my will. And if they should sell any of the females who or whose issue are to be free, I especially desire them to guard carefully the rights of such issue by all suitable stipulations and sanctions in the contract of sale. But I hope that it may not be necessary to sell any such persons who are to be entitled to their freedom, but that they may be retained in the possession of some of my descendants."—Colton, Reed & McKinley, Vol. 3, p. 153.

"In the sale of any of my slaves, I direct that members of families shall not be separated without their consent.

"My will is, and I accordingly direct, that the issue of all my female slaves, which shall be born after the first day of January, 1850, shall be free at the respective ages, of the males at twenty-eight, and of the females at twenty-five; and that the three years next preceding their arrival at the age of freedom, they shall be entitled to their hire or wages for those years, or of the fair value of their services, to defray the expense of transporting them to one of the African colonies and of furnishing them with an outfit on their arrival there.

"And I further direct, that they be taught to read, to write, and to cipher, and that they be sent to Africa. I further will and direct, that the issue of any of the females, who are so to be entitled to their freedom, at the age of twenty-five, shall be free at their birth, and that they be bound out as apprentices to learn farming, or some useful trade, upon the condition also, of being taught to read, to write, and to cipher. And I direct also, that the age of twenty-one having been attained, they shall be sent to one of the African colonies, to raise the necessary funds for which purpose, if they shall not have previously earned them, they must be hired out for a sufficient length of time.

"I require and enjoin my executors and descendants to pay particular attention to the execution of this provision of my will. And if they should sell any of the females who or whose issue are to be free, I especially desire them to guard carefully the rights of such issue by all suitable stipulations and sanctions in the contract of sale. But I hope that it may not be necessary to sell any such persons who are to be entitled to their freedom, but that they may be retained in the possession of some of my descendants."—Colton, Reed & McKinley, Vol. 3, p. 153.

[422]Birney, William,James G. Birney and his Times, p. 132.

[423]Birney, William,James G. Birney and his Times, p. 133.

[424]Ibid., p. 182. The interesting story of Birney and his troubles with his fellow townsmen does not come within the scope of this investigation and will be found treated at length in William Birney'sJames G. Birney and His Times.

[425]Birney, William,James G. Birney and his Times, p. 185.

[426]Ibid., p. 155.

[427]Birney, William,James G. Birney and his Times, p. 156.

[428]Quick to recognize this tendency, Clay referred to it in his Senate speech of February 7, 1839:"The proposition in Kentucky for gradual emancipation did not prevail, but it was sustained by a large and respectable minority. That minority had increased, and was increasing, until the abolitionists commenced their operations. The effect has been to dissipate all prospects whatever, for the present, of any scheme of gradual or other emancipation. The people of that state have been shocked and alarmed by these abolition movements, and the number who would now favor a system even of gradual emancipation is probably less than it was in the years 1798-9. At the session of the legislature held in 1837-8 the question of calling a convention was submitted to a consideration of the people by a law passed in conformity with the Constitution of that state. Many motives existed for the passage of the law, and among them that of emancipation had its influence. When the question was passed upon by the people at their last annual election, only about one fourth of the whole voters of the state supported a call of a convention. The apprehension of the danger of abolition was the leading consideration among the people for opposing the call. But for that, but for the agitation of the question of abolition in states whose population had no right, in the opinion of the people of Kentucky, to interfere in the matter, the vote for a convention would have been much larger, if it had not been carried.... Prior to the agitation of this subject of abolition, there was a progressive melioration in the condition of the slaves—schools of instruction were opened by humane and religious persons. These are now all checked, and a spirit of insubordination having shown itself in some localities, traceable, it is believed, to abolition movements and exertions, the legislative authority has found it expedient to infuse fresh vigor into the police and the laws which regulate the conduct of the slaves."—Colton, Reed & McKinley,Works of Henry Clay, Vol. 6, pp. 153-154.

[428]Quick to recognize this tendency, Clay referred to it in his Senate speech of February 7, 1839:

"The proposition in Kentucky for gradual emancipation did not prevail, but it was sustained by a large and respectable minority. That minority had increased, and was increasing, until the abolitionists commenced their operations. The effect has been to dissipate all prospects whatever, for the present, of any scheme of gradual or other emancipation. The people of that state have been shocked and alarmed by these abolition movements, and the number who would now favor a system even of gradual emancipation is probably less than it was in the years 1798-9. At the session of the legislature held in 1837-8 the question of calling a convention was submitted to a consideration of the people by a law passed in conformity with the Constitution of that state. Many motives existed for the passage of the law, and among them that of emancipation had its influence. When the question was passed upon by the people at their last annual election, only about one fourth of the whole voters of the state supported a call of a convention. The apprehension of the danger of abolition was the leading consideration among the people for opposing the call. But for that, but for the agitation of the question of abolition in states whose population had no right, in the opinion of the people of Kentucky, to interfere in the matter, the vote for a convention would have been much larger, if it had not been carried.... Prior to the agitation of this subject of abolition, there was a progressive melioration in the condition of the slaves—schools of instruction were opened by humane and religious persons. These are now all checked, and a spirit of insubordination having shown itself in some localities, traceable, it is believed, to abolition movements and exertions, the legislative authority has found it expedient to infuse fresh vigor into the police and the laws which regulate the conduct of the slaves."—Colton, Reed & McKinley,Works of Henry Clay, Vol. 6, pp. 153-154.

[429]Niles' Register, July 4, 1835.

[430]Shaler, N. S.,Kentucky, p. 197.

[431]Louisville Weekly Journal, September 26, 1849.

[432]Niles' Register, May 9, 1849. Clay, Cassius,Memoirs, pp. 175-178. Collins,History of Kentucky, Vol. 1, p. 59.

[433]Clay endeavored in his plan to be fair to all parties concerned, not only the Negro but the slave owner as well, as is well evident in the following paragraph, in which he sought to show the justice of his scheme to the holders of Negroes in the State:"That the system, will be attended with some sacrifices on the part of the slaveholders, which are to be regretted, need not be denied. What great and beneficent enterprise was ever accomplished without risk and sacrifice! But these sacrifices are distant, contingent, and inconsiderable. Assuming the year 1860 for the commencement of the system, all slaves born prior to that time would remain such during their lives, and the present loss of the slaveholder would be only the difference in value of the female slave whose offspring, if she had any, born after the first day of January, 1860, should be free at the age of twenty-five or should be slaves for life. In the meantime, if the right to remove or sell the slave out of the State should be exercised, that trifling loss would not be incurred. The slaveholder, after the commencement of the system, would lose the difference between the value of the slaves for life and slaves until the age of twenty-five years. He might also incur some inconsiderable expense in rearing from their birth the issue of those who were to be free at twenty-five, until they were old enough to be apprenticed out; but as it is probable that they would be most generally bound to him, he would receive some indemnity from their services until they attained their majority."

"That the system, will be attended with some sacrifices on the part of the slaveholders, which are to be regretted, need not be denied. What great and beneficent enterprise was ever accomplished without risk and sacrifice! But these sacrifices are distant, contingent, and inconsiderable. Assuming the year 1860 for the commencement of the system, all slaves born prior to that time would remain such during their lives, and the present loss of the slaveholder would be only the difference in value of the female slave whose offspring, if she had any, born after the first day of January, 1860, should be free at the age of twenty-five or should be slaves for life. In the meantime, if the right to remove or sell the slave out of the State should be exercised, that trifling loss would not be incurred. The slaveholder, after the commencement of the system, would lose the difference between the value of the slaves for life and slaves until the age of twenty-five years. He might also incur some inconsiderable expense in rearing from their birth the issue of those who were to be free at twenty-five, until they were old enough to be apprenticed out; but as it is probable that they would be most generally bound to him, he would receive some indemnity from their services until they attained their majority."

[434]Collins,History of Kentucky, Vol. 1, p. 58.

[435]Niles' Register, February 21, 1849.

[436]We know how Clay felt about this matter, for he referred to it at length in his speech in the Senate on February 20, 3850, in the debate on the Compromise resolutions. Speaking particularly of his letter of emancipation he declared: "I knew at the moment that I wrote that letter in New Orleans, as well as I know at this moment, that a majority of the people of Kentucky would not adopt my scheme, or probably any project whatever of gradual emancipation. Perfectly well did I know it; but I was anxious that, if any of my posterity, or any human being who comes after me, should have occasion to look into my sentiments, and ascertain what they were on this great institution of slavery; to put them on record then; and ineffectual as I saw the project would be, I felt it was a duty which I owed to myself, to truth, to my country, and to my God, to record my sentiments. The State of Kentucky has decided as I anticipated she would do. I regret it; but I acquiesce in her decision." —Colton, Reed & McKinley,Works of Henry Clay, Vol. 3, p. 353

[437]Collins,History of Kentucky, Vol. 1, p. 61.

[438]Ibid., Vol. 1, p. 83.

[439]Session Laws of 1863, p. 366.

[440]Ibid., 1856, Vol. 1, p. 50.

[441]Maysville Eagle, April 11, 1838.

The Negro in Literature and Art.ByBenjamin Brawley. Duffield and Company, New York, 1918. Pp. 176. Price $1.25.

This is an effort to put in succinct form an estimate of the Negro's efforts in the creative world. The style of the book is largely biographical. The opening chapter deals with Negro genius. Then around such Negroes as Phyllis Wheatley, Paul Laurence Dunbar, Charles W. Chestnutt, W. E. B. DuBois, William Stanley Braithwaite, Meta Warrick Fuller, Henry O. Tanner, Frederick Douglass, and Booker T. Washington are grouped most of the facts as to the achievements of the Negroes in art, literature, and science. In the appendix there is a dissertation on the Negro in American fiction. A helpful bibliography and a short index are also added.

This book is unique in that it is the first work devoted exclusively to this aspect of Negro history. It undertakes "to treat somewhat more thoroughly than has ever before been attempted the achievement of the Negro in the United States along literary and artistic lines, judging this by absolute rather than by partial or limited standards." The work is the result of studies begun by the author years ago and published in booklet form in 1910 asThe Negro in Literature and Art. The substance of this treatise is found also in Professor Brawley'sA Short History of the American Negro. Certain articles included therein have already been published in theSpringfield Republican,The Southern Workman, and theDial. The appearance of this work in the new form is justified by the author on the ground that the constantly increasing material in this field has so changed his viewpoint that the time seemed ripe for a more intensive review.

The purpose of the author is a lofty one. Here we see the effort to inform the public that there is among Negroes a growing scholarship which must be reckoned with in determining the thought of this country. It is to convince the public that the Negro mind is functioning along all lines of thought known to other races of achievement. The purpose, too, is to set forth to Negroes examples of successful men and women in this field to serve them as an incentive to contribute to thought. Professor Brawley has, therefore, written an interesting book which should attract all persons desiring to understand those forces at work inthe Negro mind and the manner in which they have found expression.

C. G. Woodson

Negro Folk Songs.ByNatalie Curtis Burlin. Book I. New York and Boston, G. Schirmer. Pp. 42. Price 50 cents.

The unique features of Natalie Curtis Burlin's notation of Negro folk-songs, collected in the South, are their complete truth to the original folk-song, spirit and letter. The spontaneous part-singing of groups of Negroes is a rare phenomenon in folk-music, for most simple people sing only a unisono melody. Mrs. Curtis Burlin, unlike most former collectors, has recorded not only the melody and words, but the wholechoralfolk-song, as sung in the South, with all its different voices. To secure entire accuracy in so difficult a task, a phonograph was used and the work was mainly accomplished in all its wealth of octave at Hampton Institute, Virginia, under the auspices of which the collection was undertaken and for the benefit of which the publications are made. Not content with a by-ear approximation only of the folk-song, Mrs. Burlin gave especial care to the notation of every nuance of Negro singing—organic and rhythmic. The changing nuance syncopations that give such expressive accent to the different solo verses sung by the Negro "leader" have all been caught and put upon paper. Doctor Talcott Williams, of the New York School of Journalism, says that the example of this reverent and scholarly work marks a new era in the collecting of Negro folk-music in this country.

The words of the songs—true folk-poems—have been noted in dialect with the same truth to Negro rendering as the music. Furthermore, the syllables stressed in the music are stressed in the written poem as well; for in the mind of the Negro authors, words and music were one spontaneous creation, and it is themusicthat gives to the words the accent, instead of the words forming the basis of the accentuation of the music, as with us. This reproduction in verse of the original Negro rhythms which are full of unexpected emphasis and captivating syncopation forms a new departure in the manner of writing Negro poems and it is believed that modern poets and writers of vers libre will find interest in the richness and variety of Negro rhythms here shown.

Each song is prefaced by a few paragraphs of descriptive text and the dedications of the different records to men who have helped to advance the Negro summarize, in a sense, the progress of the race since emancipation.

The recording of Negro folk-songs was prefaced by Mrs. Burlin by a year's study of the native music of Africa. Doubleday, Page & Co. will bring out in the autumn her book entitledSongs From the Dark Continent, containing the results of careful study of native folk-lore and music told and sung by two African boys (one a Zulu and the other from the Ndan tribe) who had come directly to Hampton Institute from the Dark Continent. This book plainly proves the relationship of American Negro music to its parent stem in Africa, and reveals the poetic as well as musical gifts latent in the black race.

The Black Man's Part in the War.BySir H. H. Johnston. Simpkin Marshall, London, 1917.

Taking into consideration that the United Kingdom now rules 50,000,000 of Africans who are well represented in the battle line by the thousands of Negroes fighting to make democracy safe in the world of the white man, from which the blacks are excluded, this sympathetic writer here endeavors to give these soldiers of color credit for their unselfish services. The highest tribute which he pays them is that their loyalty is incontestable. The writer, therefore, makes an appeal in behalf of safeguarding their interests and reasonably preserving their independence after the war. Having in mind the new alignments of trade, he sees the Africans as the producers of the tropical products which white men will need. Their future loyalty in the competitive commercial world after the war is also necessary to the salvation of the English people in the tropics and at home.

The writer believes too that to secure this necessary loyalty the natives must be given political recognition. The rights of the black man as a citizen of the empire must be affirmed wherever the territories have been under British rule long enough to acquire a very British tone in language, education and ideals. He hopes also that the present tendency of the natives of the late German possessions to prefer the rule of the British to that of their former masters may be further accentuated by the efforts of Englishmen to treat these natives with more consideration. The writer advocates also a fair division of land where the two races are brought into contact with each other as in Rhodesia.

To strengthen the claims he makes for the recognition of the black man the writer has well illustrated his book with plates showing the advancement of Negroes to arouse interest in their behalf. The book is, of necessity, incomplete, as the war has not yet ended;but, on the whole, students of Negro life and history will find it profitable to read this broad enlightened working program for changing the white man's attitude toward a large part of the human family which not only has done him no great wrong, but has borne his burdens when he has been about to fall beneath the load.

History of the Civil War.ByJames Ford Rhodes, LL.D., D.Litt. McMillan Company, New York. 1861-1865. Pp. 454.

Mr. Rhodes has covered this ground in detail in hisHistory of the United Statesin seven volumes. But this work is not an abridgment of the three volumes of that history dealing with the Civil War. Since writing his first history he has had access to much new material and many valuable treatments of certain periods of the Civil War. He has, therefore, considered it necessary to bring out this new volume that he may show the bearing of these new facts on his grasp of this period of our history.

Influenced by the dominant thought of the present war, Mr. Rhodes treats such conditions as unpreparedness, the privations of the war, lack of tea and coffee, the lack of bread and meat, the difficulty of transportation, conscription, high prices, loans, high taxation, and consequent distress. The Negroes are necessarily mentioned in the discussion of slavery in the territories, the attempted slavery compromises, Lincoln's handling of the question, the effect on them of the movements of the armies, and the efforts at emancipation leading up to the ratification of the Thirteenth Amendment. Mention is also made of the conduct of the slaves who accompanied the Confederates and of those who followed and fought with the Union army.

Mr. Rhodes is here at his best, that is, when writing on the Civil War. But this seems to be mere chance. He writes a good history of the Civil War because he happens to be a Unionist, and no one has yet proved that the Union cause was wrong. He is after all an impressionable historian, accepting almost anything he picks up, but embellishing it so well as to win the American public, whose scholarship has not yet performed the task of publishing an authentic history of the Civil War from the viewpoint of treating the records scientifically. When Rhodes elsewhere takes up the Negro in the Reconstruction he shows his lack of ability as an historian in accepting almost everything which he has heard or read about the Negro and in branding, therefore, as mistakes and failures all of the efforts to elevate the Negro to the dignity of citizenship and to deal with him as a human being.

William Bernard Hartgrove, one of the five members who participated in the organization of the Association for the Study of Negro Life and History in Chicago in 1915, died at Albuquerque, New Mexico, on the twenty-fourth of April. In his death the Association lost a substantial supporter and friend. He was an unselfish, wide-awake and enterprising teacher, endeavoring always to be instrumental in the uplift of the Negro. During the last ten years of his life he devoted much of his time and means to the work of the National Association for the Advancement of Colored People, serving the local branch most of that period as secretary. When the Association for the Study of Negro Life and History was organized he was among the first to see its possibilities and to give it financial as well as moral support. He made himself useful in assisting the editor in his arduous duties during the days when the work was in the making. He contributed to theJournal Of Negro History, moreover, a number of articles, among which are:The Story of Maria Louise Moore and Fannie M. Richards,The Negro Soldier in the American Revolution, andThe Story of Josiah Henson.

Mention of the slave Archy in Miss Beasley'sSlavery in Californiahas called forth from a relative of his the following short sketch:

Archy's mother was named Maria. Maria had four children: Archy, Candace, Pompey and Quitman. (I am the daughter of Candace.) At the time Charles A. Stoval took Archy to California, Maria with her other children were with Simeon Stoval, the father of Chas. A. Stoval.

Chas. A. Stoval had been graduated in medicine and had returned home to begin practice, but his health having failed him, he went to California, taking my Uncle Archy with him. My grandmother Maria heard through the relatives of Stoval of Archy during the time Stoval remained in California. But near the close of the Civil War, Chas. A. Stoval returned to Mississippi and remained there until his death a few years later. After Stoval came back from California, my grandmother never heard any more ofher son Archy, except when she once heard that he was with the Indians, who were treating him for some kind of sickness. Whether he died or whether this rumor was put out to keep the Stovals from trying to steal him and bring him back to Mississippi I have never been able to learn. My grandmother Maria continued to search for Archy, by writing several times to San Francisco, but without success. She died in 1884. Pompey and Quitman continued to live near Jackson, Miss., where Quitman died some time ago. Pompey was still alive when I last heard of him.

Mrs. R. A. Hunt

German East Africa, by A. F. Calvert, has been published by Werner Laurie, London.

Messrs. Routledge, of London, will soon bring out a volume ofSelect Constitutional Documents Illustrating the History of South Africa.

Dr. H. K. W. Kumm's history of modern missionary work has appeared with imprint of MacMillan with the titleAfrican Missionary Heroes and Heroines.

Doubleday, Page and Company announce the appearance ofEducation and Life, by Doctor Francis Greenwood Peabody, of Harvard University. This is a short history of Hampton Institute during the last fifty years, prepared at the request of the trustees.

Although science has uprooted the theory, a number of writers are loath to give up the contention that the white race is superior to others, as it is still hoped that the Caucasian race may be preserved in its purity, especially so far as it means miscegenation with the blacks. But there are others who express doubt that the integrity of the dominant race has been maintained.[442]Scholars have for centuries differed as to the composition of the mixed breed stock constituting the Mediterranean race and especially about that in Egypt and the Barbary States. In that part of the dark continent many inhabitants have certain characteristics which are more Caucasian than negroid and have achieved more than investigators have been willing to consider the civilization of the Negro. It is clear, however, that although the people of northern Africa cannot be classed as Negroes, being bounded on the south by the masses of African blacks, they have so generally mixed their blood with that of the blacks that in many parts they are no nearer to any white stock than the Negroes of the United States.

This miscegenation, to be sure, increased toward thesouth into central Africa, but it has extended also to the north and east into Asia and Europe. Traces of Negro blood have been found in the Malay States, India and Polynesia. In the Arabian Peninsula it has been so extensive as to constitute a large group there called the Arabised Negroes. But most significant of all has been the invasion of Europe by persons of African blood. Professor Sergi leads one to conclude that the ancient Pelasgii were of African origin or probably the descendants of the race which settled northern Africa and southern Europe, and are therefore due credit for the achievements of the early Greek and Italian civilizations.[443]

There is much evidence of a further extension of this infusion in the Mediterranean world.

"Recent discoveries made in the vicinity of the principality of Monaco and others in Italy and western France," says MacDonald, "would seem to reveal ... the actual fact that many thousand years ago a negroid race had penetrated through Italy into France, leaving traces at the present day in the physiognomy of the peoples of southern Italy, Sicily, Sardinia and western France, and even in the western parts of the United Kingdom of Great Britain and Ireland. There are even at the present day some examples of the Keltiberian peoples of western Scotland, southern and western Wales, southern and western Ireland, of distinctly negroid aspect, and in whose ancestry there is no indication whatever of any connection with the West Indies or with Modern Africa. Still more marked is this feature in the peoples of southern and western France and of the other parts of the Mediterranean already mentioned."[444]

Because of the temperament of the Portugese this infusion of African blood was still more striking in their country. As the Portugese are a good-natured people void of race hate they did not dread the miscegenation of the races. One finds in southern Portugal a "strong Moorish, North African element" and also an "old intermixture with thoseNegroes who were imported thither from Northwest Africa to till the scantily populated southern provinces."[445]This miscegenation among the Portugese easily extended to the New World. Then followed the story of the Caramarii, the descendants of the Portugese, who after being shipwrecked near Bahia arose to prominence among the Tupinambo Indians and produced a clan of half-castes by taking to himself numerous native women.[446]This admixture served as a stepping stone to the assimilation of the Negroes when they came.

There immigrated later into Brazil other settlers who, mixing eagerly with the Amerindians, gave rise to a race called Mamelucos who began to mix maritally with the imported Negro women. The French and Dutch too in caring for their offspring by native women promoted the same. "They educated them, set them free, lifted them above servitude, and raised them socially to the level of the whites"[447]so that today generally speaking there are no distinctions in society or politics in Brazil. Commenting on this condition in Brazil, Agassiz said: "This hybrid class, although more marked here because the Indian is added, is very numerous in all cities; perhaps, the fact, so honorable to Brazil, that the free Negro has full access to all privileges of any free citizen, rather tends to increase than to dimmish that number." After emancipation in Brazil in 1888, the already marked tendency toward this fusion of the slave and the master classes gradually increased.[448]

The Spaniards mixed less freely with the Negroes than did the Portugese but mixed just the same. At first they seriously considered the inconveniences which might arise from miscegenation under frontier conditions and generally refrained from extensive intermingling. But men are but men and as Spanish women were far too few in theNew World at that time, the other sex of their race soon yielded to the charms of women of African blood. The rise of the mixed breeds too further facilitated the movement. Spaniards who refused to intermingle with the blacks found it convenient to approach the hybrids who showed less color. In the course of time, therefore, the assimilation of the blacks was as pronounced in some of the Spanish colonies as in those which originally exhibited less race antipathy. There are millions of Hispanicized Negroes in Latin America. Many of the mixed breeds, however, have Indian rather than Negro blood.[449]

Miscegenation had its best chance among the French. Not being disinclined to mingle with Negroes, the French early faced the problem of the half caste, which was given consideration in the most human of all slave regulations, theCode Noir.[450]It provided that free men who had children from their concubinage with women-slaves (if they consented to such concubinage) should be punished by a fine of two thousand pounds of sugar. But if the offender was the master himself, in addition to the fine, the slave should be taken from him, sold for the benefit of the hospital and never be allowed to be freed; excepting, that, if the man was not married to another person at the time of his concubinage, he was to marry the woman slave, who, together with her children, should thereby become free. Masters were forbidden to constrain slaves to marry against their will. Many Frenchmen like those in Haiti married their Negro mistresses, producing attractive half caste women who because of their wealth were sought by gentlemen in preference to their own women without dot.

Among the English the situation was decidedly different. There was not so much need for the use of Negro women by Englishmen in the New World, but there was the same tendency to cohabit with them. In the end, however, the English, unlike the Latins, disowned their offspring by slave women, leaving these children to follow thecondition of their mother. There was, therefore, not so much less miscegenation among the English but there remained the natural tendency so to denounce these unions as eventually to restrict the custom, as it is today, to the weaker types of both races, the offspring of whom in the case of slave mothers became a commodity in the commercial world.

There was extensive miscegenation in the English colonies, however, before the race as a majority could realize the apparent need for maintaining its integrity. With the development of the industries came the use of the white servants as well as the slaves. The status of the one differed from that of the other in that the former at the expiration of his term of service could become free whereas the latter was doomed to servitude for life. In the absence of social distinctions between these two classes of laborers there arose considerable intermingling growing out of a community of interests. In the colonies in which the laborers were largely of one class or the other not so much of this admixture was feared, but in the plantations having a considerable sprinkling of the two miscegenation usually ensued.

The following, therefore, was enacted in Maryland in 1661 as a response to the question of the council to the lower house as to what it intended should become of such free women of the English or other Christian nations as married Negroes or other slaves.[451]The preamble reads: "And forasmuch as divers freebornEnglishwomen, forgetful of their free condition, and to the disgrace of our nation, do intermarry with negro slaves,[452]by which also divers suits may arise, touching the issue of such women, and a great damage doth befall the master of such negroes, for preservation whereof for deterring such free-born women from such shameful matches,be it enacted: That whatsoever free-born woman shall intermarry with anyslave, from and after the last day of the present assembly, shall serve the master of such slave during the life of her husband; and that all the issues of such free-born women, so married, shall be slaves as their fathers were." "And be it further enacted: That all the issues ofEnglish, or other free-born women, that have already married negroes, shall serve the master of their parents, till they be thirty years of age and no longer."[453]

According to A. J. Calhoun, however, all planters of Maryland did not manifest so much ire because of this custom among indentured servants. "Planters, said he, "sometimes married white women servants to Negroes in order to transform the Negroes and their offspring into slaves.[454]This was in violation of the ancient unwritten law that the children of a free woman, the father being a slave, follow the status of their mother and are free. The custom gave rise to an interesting case. "Irish Nell," one of the servants brought to Maryland by Lord Baltimore, was sold by him to a planter when he returned to England. Following the custom of other masters who held white women as servants, he soon married her to a Negro named Butler to produce slaves. Upon hearing this, Baltimore used his influence to have the law repealed but the abrogation of it was construed by the Court of Appeals not to have any effect on the status of her offspring almost a century later when William and Mary Butler sued for their freedom on the ground that they descended from this white woman. The Provincial Court had granted them freedom but in this decision the Court of Appeals reversed the lower tribunal on the ground that "Irish Nell" was a slave before the measure repealing the act had been passed. This case came up again 1787 when Mary, the daughter of William and Mary Butler, petitioned the State for freedom. Both tribunals then decided to grant this petition.[455]

The act of repeal of 1681, therefore, is self explanatory. The preamble reads: "Forasmuch as, divers free-bornEnglish, or white women, sometimes by the instigation, procurement or connivance of their masters, mistresses, or dames, and always to the satisfaction of their lascivious and lustful desires, and to the disgrace not only of theEnglish, but also of many other Christian nations, do intermarry with Negroes and slaves, by which means, divers inconveniences, controversies, and suits may arise, touching the issue or children of such free-born women aforesaid; for the prevention whereof for the future,Be it enacted: That if the marriage of any woman-servant with any slave shall take place by the procurement of permission of the master, such woman and her issue shall be free." It enacted a penalty by fine on the master or mistress and on the person joining the parties in marriage.[456]

The effect of this law was merely to prevent masters from prostituting white women to an economic purpose. It did not prevent the miscegenation of the two races. McCormac says: "Mingling of the races in Maryland continued during the eighteenth century, in spite of all laws against it. Preventing marriages of white servants with slaves only led to a greater social evil, which caused a reaction of public sentiment against the servant. Masters and society in general were burdened with the care of illegitimate mulatto children, and it became necessary to frame laws compelling the guilty parties to reimburse the masters for the maintenance of these unfortunate waifs."[457]To remedy this laws were passed in 1715 and 1717 to reduce to the status of a servant for seven years any white man or white woman who cohabited with any Negro, free or slave. Their children were made servants for thirty-one years, a black thus concerned was reduced to slavery for life and the maintenance of the bastard children of women servants was made incumbent upon masters. If the father of an illegitimate child could be discovered, he wouldhave to support his offspring. If not this duty fell upon the mother who had to discharge it by servitude or otherwise.[458]

As what had been done to prevent the admixture was not sufficient, the Maryland General Assembly took the following action in 1728:

"Whereas by the act of assembly relating to servants and slaves, there is no provision made for the punishment of free mulatto women, having bastard children by negroes and other slaves, nor is there any provision made in the said act for the punishment of free negro women, having bastard children by white men; and forasmuch as such copulations are as unnatural and inordinate as between white women and negro men, or other slaves."Be it enacted, That from and after the end of this present session of assembly, that all such free mulatto women, having bastard children, either within or after the time of their service, (and their issue,) shall be subject to the same penalties that white women and their issue are, for having mulatto bastards, by the act, entitled, An act relating to servants and slaves."And be it further enacted, by the authority aforesaid, by and with the advice and consent aforesaid, that from and after the end of this present session of assembly, that all free negro women, having bastard children by white men, (and their issue,) shall be subject to the same penalties that white women are, by the act aforesaid, for having bastards by negro men."[459]

"Be it enacted, That from and after the end of this present session of assembly, that all such free mulatto women, having bastard children, either within or after the time of their service, (and their issue,) shall be subject to the same penalties that white women and their issue are, for having mulatto bastards, by the act, entitled, An act relating to servants and slaves.

"And be it further enacted, by the authority aforesaid, by and with the advice and consent aforesaid, that from and after the end of this present session of assembly, that all free negro women, having bastard children by white men, (and their issue,) shall be subject to the same penalties that white women are, by the act aforesaid, for having bastards by negro men."[459]

Virginia which faced the same problem did not lag far behind Maryland. In 1630 the Governor and Council in Court ordered Hugh Davis to be soundly whipped before an assembly of Negroes and others for abusing himself to the dishonor of God and shame of a Christian by defiling his body in lying with a Negro, which he was to acknowledge next Sabbath day. In 1662 the colony imposed double fines for fornication with a Negro, but did not restrict intermarriage until 1691.[460]The words of the preamble give the reasons for this action. It says:

"And for the prevention of that abominable mixture and spurious issue which hereafter may increase in this dominion, as well by negroes, mulattoes, and Indians intermarrying with English, or other white women, as by their unlawful accompanying with one another,Be it enacted by the authoritie aforesaid, and it is hereby enacted, That for the time to come, whatsoever English or other white man or woman being free shall intermarry with a negro, mulatto, or Indian man or woman bond or free shall within three months after such marriage be banished and removed from this dominion forever, and that the justices of each respective countie within this dominion make it their perticular care, that this act be put in effectuall execution."

If any free English woman should have a bastard child by any Negro or mulatto, she should pay the sum of fifteen pounds sterling, within one month after such bastard child should be born, to the church wardens of the parish where she should be delivered of such child, and in default of such payment she should be taken into the possession of the said church wardens and disposed of for five years, and such bastard child should be bound out as a servant by the church wardens until he or she should attain the age of thirty years, and in case such English woman that should have such bastard child be a servant, she should be sold by the church wardens (after her time is expired that she ought by law to serve her master) for five years, and the money she should be sold for divided as before appointed, and the child should serve as aforesaid.[461]

It was further provided in 1753 that if any woman servant should have a bastard child by a Negro or mulatto, over and above the year's service due to her master or owner, she should immediately upon the expiration of her time, to her then present master, or owner, pay down to the church wardens of the parish wherein such child should be born for the use of the said parish, fifteen pounds current money of Virginia, or be sold for five years to the use aforesaid; and if a free Christian white woman shouldhave such bastard child by a Negro, or mulatto, for every such offence, she should within one month after her delivery of such bastard child, pay to the church wardens for the time being, of the parish wherein such child should be born, for the use of the said parish, fifteen pounds current money of Virginia, or be by them sold for five years to the use aforesaid; and in both the said cases, the church wardens should bind the said child to be a servant until it should be of thirty-one years of age.

And for a further prevention of that "abominable mixture, and the spurious issue, which may hereafter increase in this his majesty's colony and dominion as well by English, and other white men and women, intermarrying with Negroes or mulattoes, as by their unlawful coition with them" it was enacted that whatsoever English, or other white man or woman, being free, should intermarry with a Negro, or mulatto man or woman bond or free, should by judgment of the county court, be committed to prison and there remain during the space of six months, without bail or main-prize, and should forfeit and pay ten pounds current money of Virginia, to the use of the parish as aforesaid. It was further enacted that no minister of the Church of England, or other minister or person whatsoever, within that colony and dominion, should thereafter presume to marry a white man with a Negro, or mulatto woman, or to marry a white woman with a Negro or mulatto man, upon pain of forfeiting and paying for every such marriage, the sum of ten thousand pounds of tobacco.[462]

It developed later that these laws did not meet all requirements, for there were in subsequent years so many illegitimate children born of such mothers that they became a public charge.[463]Those of Negro blood were bound out by law. According to Russell, "In 1727 it was ordered that David James a free negro boy, be bound to Mr. James Isdel 'who is to teach him to read ye bible distinctly also ye tradeof a gunsmith that he carry him to ye Clark's office & take Indenture to that purpose.' "By the Warwick County court it was 'ordered that Malacai, a mulatto boy, son of mulatto Betty be, by the Church Wardens of this Parish bound to Thomas Hobday to learn the art of a planter according to law.' By order of the Norfolk County court, about 1770, a free negro was bound out 'to learn the trade of a tanner.'"[464]

In making more stringent regulations for servants and slaves, North Carolina provided in 1715 that if a white servant woman had a child by a Negro, mulatto or Indian, she must serve her master two years extra and should pay to the Church wardens immediately on the expiration of that time six pounds for the use of the parish or be sold four years for the use aforesaid.[465]A clergyman found guilty of officiating at such a marriage should be fined fifty pounds. This law, according to Bassett, did not succeed in preventing such unions. Two ministers were indicted within two years for performing such a marriage ceremony. "In one case the suit was dropped, in the other case the clergyman went before the Chief Justice and confessed as it seems of his own accord.... In 1727 a white woman was indicted in the General Court because she had left her husband and was cohabiting with a negro slave.... So far as general looseness was concerned this law of 1715 had no force. Brickell, who was a physician, says that white men of the colony suffered a great deal from a malignant kind of venereal disease which they took from the slaves."[466]

By the law of 1741 therefore the colony endeavored to prevent what the General Assembly called "that abominable mixture and spurious issue, which hereafter may increase in this government, by white men and women intermarrying with Indians, Negroes, mustees, or mulattoes." It was enacted that if any man or woman, being free, shouldintermarry with an Indian, Negro, mustee or mulatto man or woman, or any person of mixed blood, to the third generation, bond or free, he should, by judgment of the county court forfeit and pay the sum of fifty pounds, proclamation money, to the use of the parish.[467]It was also provided that if any white servant woman should during the time of her servitude, be delivered of a child, begotten by any Negro, mulatto or Indian, such servant, over and above the time she was by this act to serve her master or owner for such offence, should be sold by the Church wardens of the parish, for two years, after the time by indenture or otherwise had expired.[468]

The miscegenation of the whites and blacks extended so widely that it became a matter of concern to the colonies farther north where the Negro population was not considerable. Seeking also to prevent this "spurious mixt issue" Massachusetts enacted in 1705 that a Negro or mulatto man committing fornication with an "English woman, or a woman of any other Christian nation," should be sold out of the province." "An English man, or man of any other Christian nation committing fornication with a Negro or mulatto woman," should be whipped, and the woman sold out of the province. None of her Majesty's English or Scottish subjects, nor of any other Christian nation within that province should contract matrimony with any Negro or mulatto, under a penalty imposed on the person joining them in marriage. No master should unreasonably deny marriage to his Negro with one of the same nation; any law, usage or custom to the contrary notwithstanding.[469]

There was much social contact between the white servants and the Negroes in Pennsylvania, where the number of the latter greatly increased during the first quarter of the nineteenth century. Turner says a white servant was indicted for this offence in Sussex County in 1677 and atract of land there bore the name of "Mulatto Hall."[470]According to the same writer Chester County seemed to have a large number of these cases and laid down the principle that such admixture should be prohibited,

"For that hee," referring to a white man, "Contrary to his Masters Consent hath ... got wth child a certaine molato wooman Called Swart anna." "David Lewis Constable of Haverford Returned a Negro man of his And a white woman for having a Bastard Childe ... the Negroe said she Intised him and promised him to marry him: she being examined, Confest the same: the Court ordered that she shall receive Twenty one lashes on her bare Backe ... and the Court ordered the negroe never more to meddle with any white woman more uppon paine of his life."[471]

Advertising for Richard Molson in Philadelphia in 1720, his master said, "He is in company with a white woman named Mary, who is supposed now goes for his wife"; "and a white man named Garrett Choise, and Jane his wife, which said white people are servants to some neighbors of the said Richard Tilghman."[472]In 1722 a woman was punished for abetting a clandestine marriage between a white woman and a Negro. In thePennsylvania Gazette, June 1, 1749, appeared the notice of the departure of Isaac Cromwell, a mulatto, who ran away with an English servant woman named Anne Greene.[473]

The Assembly, therefore, upon a petition from inhabitants inveighing against this custom enacted a prohibitory law in 1725. This law provided that no minister, pastor or magistrate or other person whatsover who according to the laws of that province usually joined people in marriage should upon any pretence whatever join in marriage any Negro with any white person on the penalty of one hundred pounds. And it was further enacted that if any white man or woman should cohabit or dwell with any Negro under pretense of being married, such white man or womanshould be put out of service as above directed until they come to the age of thirty-one years; and if any free Negro man or woman should intermarry with a white man or woman, such Negro should become a slave during life to be sold by order of the justice of the quarter sessions of the respective county; and if any free Negro man or woman should commit fornication or adultery with any white man or woman, such Negro or Negroes should be sold as a servant for seven years and the white man or woman should be punished as the law directs in cases of adultery or fornication.[474]

This law seemed to have very little effect on the miscegenation of the races in certain parts. In Chester County, according to the records of 1780, mulattoes constituted one fifth of the Negro population.[475]Furthermore, that very year when the State of Pennsylvania had grown sufficiently liberal to provide for gradual emancipation the law against the mingling of the races was repealed. Mixed marriages thereafter became common as the white and the blacks in the light of the American Revolution realized liberty in its full meaning. Thomas Branagan said:

"There are many, very many blacks who ... begin to feel themselves consequential, ... will not be satisfied unless they get white women for wives, and are likewise exceedingly impertinent to white people in low circumstances.... I solemnly swear, I have seen more white women married to, and deluded through the arts of seduction by negroes in one year in Philadelphia, than for eight years I was visiting (West Indies and the Southern States). I know a black man who seduced a young white girl ... who soon after married him, and died with a broken heart. On her death he said that he would not disgrace himself to have a negro wife and acted accordingly, for he soon after married a white woman. ... There are perhaps hundreds of white women thus fascinated by black men in this city, and there are thousands of black children by them at present."[476]

A reaction thereafter set in against this custom during the first decade of the nineteenth century, when fugitives in the rough were rushing to that State, and culminated in an actual campaign against it by 1820. That year a petition from Greene County said that many Negroes had settled in Pennsylvania and had been able to seduce into marriage "the minor children of the white inhabitants."[477]This county, therefore, asked that these marriages be made an offence against the laws of the State. Such a marriage was the cause of a riot in Columbia in 1834 and in 1838 the members of the Constitutional Convention engaged in a heated discussion of the custom.[478]Petitions were frequently sent to the legislature asking that this admixture be penalized by law, but no such action was ever taken. Relying upon public opinion, however, the advocates of racial integrity practically succeeded. Marriages of whites and blacks eventually became so odious that they led to disturbances as in the case of the riot of 1849, one of the causes of which was that a white man was living with a Negro wife.[479]This was almost ineffective, however, in the prevention of race admixture. Clandestine intermingling went on and tended to increase in enormous proportions. The conclusive proof of this is that in 1860 mulattoes constituted one third of the Negro population of Pennsylvania.

Persons who professed seriously to consider the future of slavery, therefore, saw that miscegenation and especially the general connection of white men with their female slaves introduced a mulatto race whose numbers would become dangerous, if the affections of their white parents were permitted to render them free.[480]The Americans of the future would thereby become a race of mixed breeds rather than a white and a black population. As the lust of white persons for those of color was too strong to prevent this miscegenation, the liberty of emancipating their mulatto offspringwas restricted in the slave States but that of selling them remained.[481]

These laws eventually, therefore, had their desired effect. They were never intended to prevent the miscegenation of the races but to debase to a still lower status the offspring of the blacks who in spite of public opinion might intermarry with the poor white women and to leave women of color without protection against white men, who might use them for convenience, whereas white women and black men would gradually grow separate and distinct in their social relations. Although thereafter the offspring of blacks and whites did not diminish, instead of being gradually assimilated to the type of the Caucasian they tended to constitute a peculiar class commonly called people of color having a higher social status than that of the blacks but finally classified with all other persons of African blood as Negroes.

While it later became a capital offence in some of the slave States for a Negro man to cohabit with a white woman, Abdy who toured this country from 1833 to 1834 doubted that such laws were enforced. "A man," said he, "was hanged not long ago for this crime at New Orleans. The partner of his guilt—his master's daughter—endeavored to save his life, by avowing that she alone was to blame. She died shortly after his execution."[482]With the white man and the Negro woman the situation was different. A sister of President Madison once said to the Reverend George Bourne, then a Presbyterian minister in Virginia: "We Southern ladies are complimented with the name of wives; but we are only the mistresses of seraglios." The masters of the female slaves, however, were not always the only persons of loose morals. Many women of color were also prostituted to the purposes of young white men[483]and overseers.[484]Goodell reports a well-authenticatedaccount of a respectable Christian lady at the South who kept a handsome mulatto female for the use of her genteel son, as a method of deterring him, as she said, "from indiscriminate and vulgar indulgences."[485]Harriet Martineau discovered a young white man who on visiting a southern lady became insanely enamored of her intelligent quadroon maid. He sought to purchase her but the owner refused to sell the slave because of her unusual worth. The young white man persisted in trying to effect this purchase and finally informed her owner that he could not live without this attractive slave. Thereupon the white lady sold the woman of color to satisfy the lust of her friend.[486]

The accomplishment of this task of reducing the free people of color to the status of the blacks, however, was not easy. In the first place, so many persons of color had risen to positions of usefulness among progressive people and had formed connections with them that an abrupt separation was both inexpedient and undesirable. Exceptions to the hard and fast rules of caste were often made to relieve the people of color. Moreover, the miscegenation of the races in the South and especially in large cities like Charleston and New Orleans had gone to the extent that from these centers eventually went, as they do now, a large number of quadroons and octoroons,[487]who elsewhere crossed over to the other race.

White men ashamed of the planters who abused helpless black women are now trying to minimize the prevalence of this custom. Such an effort, however, means little in the face of the facts that one seventh of the Negroes in the United States had in their veins any amount of Caucasian blood in 1860 and according to the last census more than one fifth of them have this infusion. Furthermore the testimony of travelers in this country during the slaveryperiod support the contention that race admixture was common.[488]

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