FOOTNOTES:

FOOTNOTES:[1]So far at all events as appears from any records that I have seen it is just possible however that "La Liberté, le neigre" mentioned in de Meulles' Census of Acadia in 1696 was a black slave, notwithstanding his name.[2]From 1720 on, Annapolis Royal had a fairly firm government and settlement but it was not until Halifax was founded that it became certain that the country would remain English.[3]This and most of the facts, dates, etc., in this chapter are taken from the Rev. Dr. T. Watson Smith's fascinating articleThe Slave in Canadain theNova Scotia Historical Society's Collections, Vol. X, Halifax, 1899.[4](1762) 2 George III, c. 1 (N. S.),Statutes at Large, Nova Scotia, Halifax, 1805, p. 77.[5]It is referred to in a letter from Ward Chipman to Chief Justice Blowers to be mentioned later. See post, p.[6]This Act was continued in 1784 by (1784) 24 George III, c. 14 (N. S.).Statutes at Large, Nova Scotia, p. 238.[7]"Halifax currency" was at this time nine-tenths of Sterling £10 currency = £9 sterling and the 5/ dollar being 4/6 sterling.[8]It will be remembered that in the Treaty of Peace it was agreed by Article VII "His Britanic Majesty shall with all convenient speed and without causing any destruction or carrying away any negroes or other property of the American inhabitants withdraw his armies, garrisons and fleets from the said United States...."Sir Guy Carleton claimed that the Negroes who had taken refuge in the British lines at once lost their status of slavery and became free. They were "not Negroes or other property of the American," a rather technical not to say finely drawn distinction butin favorem libertatis; and in any event Britain would not betray the helpless who had put their faith in her.[9]Washington did make a claim; but the United States had not carried out its part of the contract and Britain would not and never did pay. Jones'Loyalist History of New York, Vol. 2. p. 256, says that the number of Negroes who found shelter in the British lines was 2000 at least; probably this is an underestimate. Hay'sHistorical Readingat p. 249 gives the number of Negroes who came into Nova Scotia with their Masters at least 3000—and of free Negroes 1522 at Shelburne, 182 at St. John River. 270 at Guysborough, 211 in Annapolis County, and a smaller number at other places. 1200 were sent to Sierre Leone in 1792.[10]See ante, p. —. The Negro population in 1784 estimated at about 3000 was included in the 28,347 ofDisbanded Troops and Loyalists called New Inhabitants, Can. Arch., Report for 1885, p. 10. There were some free Negroes in various companies of the British forces in one capacity or another.[11]The Negroes sent were Abraham, James, Lymas, Cyrus, John, Isaac, Quako, January, Priscella, Rachel, Venus, Daphne, Ann, Dorothy and four children Celia, William, Venus, Eleanora—reserving Matthew and Susannah at home. All these had been christened, February 11, 1784. "Isaac is a thorough good carpenter and master sawyer, perfectly capable of overseeing and conducting the rest and strictly honest; Lymas is a rough carpenter and sawyer; Quako is a field negro has met with an accident in his arm which will require some indulgence. The other men are sawyers and John also a good axeman. Abraham has been used to cattle and to attend in the house, &c. All the men are expert in boats. The women are stout and able and promise well to increase their numbers. Venus is useful in the hospital, poultry yard, gardens, etc. Upon the whole they are a most useful lot of Negroes."John Wentworth, last Royalist Governor of New Hampshire and afterwards Sir John Wentworth, Lieutenant Governor of Nova Scotia, doubtless believed himself to be a good man and a good Christian.The story of Eve and Sukeinfrais told by Archdeacon Raymond, 3 N. B. Mag., 1899, p. 221.[12]He went to England in 1796 (it was said, for a visit) resigned his position in Nova Scotia, was Knighted and appointed Recorder of Fort St. George, Bombay, India.[13]A collateral ancestor of my own, the Reverend Archibald Riddell, had the advantage of a similar proceeding a century before. Being apprehended for taking part in the uprising of the Covenanters in Scotland he was given (or sold) with others to a Scottish Laird who chartered a vessel and proceeded to take his human chattels to America for sale. The plague broke out on the ship, the Laird and his wife died of it as did some of the crew. When the ship reached New Jersey, there being no master, the "slaves" escaped up country. The Laird's son-in-law and personal representative came to America and claimed Riddell and others. The governor called a jury to determine whether they were slaves and the jury promptly found in their favor. Riddell preached in New Jersey until the Revolution of 1688 made it safe for him to return to Scotland. Juries in such cases are liable to what Blackstone calls "pious perjury." All this practice was based upon the common law proceedings when a claim was made of villenage. When a person claimed to be the lord of a villein who had run away and remained outside the manor unto which he was regardant, he sued out a writ of neif, that is, de nativo habendo. The sheriff took the writ and if the nativus admitted that he was villein to the lord who claimed him, he was delivered by the sheriff to the lord of the manor; but if he claimed to be free, the sheriff should not seize him but the Lord was compelled to take out aPoneto have the matter tried before the Court of Common Pleas or the Justices in Eyre, that is, the assizes. Or the alleged villein might himself sue out a writ of libertate probanda: and until trial of the case the lord could not seize the alleged villein. The curious will find the whole subject dealt with in Fitzherbert'sNatura Brevium, pp. 77 sqq.[14]This is very much like the Chloe Cooley case in Upper Canada. I do not know what form the prosecution could possibly take if the Negro was in fact a slave. See Chapter V, note 5 ante.[15]It is said that August 1797 was the date of the last public slave sale at Montreal, that of Emmanuel Allen for £36.The last advertisement for sale by auction of a slave in the Maritime Provinces seems to be that inThe Royal Gazette and Nova Scotia Advertiserof September 7, 1790, where William Millet of Halifax offers for sale by auction September 9 "A stout likely negro man and sundry other articles."In 1802 the census showed that there were 451 Blacks in Halifax; in 1791 there were 422.Dr. T. Watson Smith says in a paper "Slavery in Canada" republished in "Canadian History," No. 12, December, 1900, at p. 321."About 1806, so Judge Marshall has stated, a master and his slave were taken before Chief Justice Blowers on a writ of habeas corpus. When the case and the question of slavery in general had been pretty well argued on each side, the Chief Justice decided that slavery had no legal place in Nova Scotia."I have not been able to trace such a decision and cannot think that it has been correctly reported. Dr. Smith is wholly justified in his statement "there is good ground for the opinion that this baneful system was never actually abolished in the present Canadian Provinces until the vote of the British Parliament and the signature of King William IV in 1833 rendered it illegal throughout the British Empire."[16]J. Allen Jack, Q. C., D. C., L., of St. John, New Brunswick, gives a full account of this case from which (and similar sources) most of the facts are taken. In a paper read before the Royal Society of Canada May 26, 1898,Trans. R. S. Can., 1898, pp. 137 sqq., Dr. Jack conjectures that Nancy Morton is the Negro female slave conveyed by bill of sale registered in the office of the Register of Deeds, St. John's, N. B. Slaves were treated as realty as regards fieri facias under the Act of 1732 (see ante, p. —) and at least "savoured of the realty." The bill of sale registered January 31, 1791, was dated November 13, 1778, and was executed by John Johnson of the Township of Brooklyn in King's County, Long Island, Province of New York. It conveyed with a covenant to warrant and defend title to Samuel Duffy, Innkeeper for £40 currency (say $100) "a certain negro female about fourteen years of age and goes by the name of Nancy," pp. 141, 142. However that may be, Stair Agnew bought Nancy from William Bailey of the County of York in the Province of New Brunswick for £40 with full warranty of title as a slave.[17]He was born in Boston in 1753, the son of John Chipman, a member of the Bar. Graduating at Harvard, he joined the Boston Bar and practised in that City until 1776. After the Peace he went to England and in 1784 sailed for New Brunswick of which he was appointed Solicitor General. After a quarter of a century of successful practice he was appointed 1808 a puisne judge of the Supreme Court. He died in February, 1826.His services to Nancy Morton were given without fee or hope of reward.[18]That of Mr. Chipman is given inTrans. R. Soc. Can., 1898, pp. 155-184.[19]It will be seen that the return sets up that Jones bought and owned the slave and the case was argued on that hypothesis, but the historians say that Captain Stair Agnew was the owner. The point is not of importance.[20]Mos regit legem, Mos pro lege, Leges moribus servient, Consuetudo est optimus interpres legum, custom is the life of the law, custom becomes law, &c., &c. That slavery was necessary and therefore legal in the American Colonies was admitted in the Somerset case.[21]The modern lawyer, in my opinion, would find no difficulty in coming to the same conclusion as the Chief Justice.Mr. Chipman in his interesting correspondence with Chief Justice Blowers (Trans. R. Soc. Can., 1898, pp. 148 sqq.) admits that if his opponents had hit upon the Nova Scotia Statute of 1762 as revised in 1783 "the conclusiveness of their reasoning on their principles would have been considered as demonstrated." He adds: "In searching your laws upon this occasion I found this clause but carefully avoided mentioning it," which raises a curious question in legal ethics.[22]The reconveyance to Bailey, a quit claim deed, is witnessed by George Leonard and Thomas Wetmore and is dated February 22, 1800. The indenture by which Nancy bound herself for fifteen years is dated February 23, 1800.If Dr. Jack is right in his conjecture the argument took place when she was 36 and she would receive her freedom when she was 51. Agnew challenged Judge Allen for some reflection upon him by the Judge; the challenge was declined and Agnew then challenged Street who accepted—and they fought a bloodless duel. Street later in 1821 fought a duel with George Ludlow Wetmore over words which passed on leaving the Court. Wetmore was struck in the head and died in a few hours. Street was tried and aquitted. One result of this case was that Mr. Justice Upham freed his slaves. His wife had six inherited from her father and he himself had some, one a girl born in the East Indies whom he had bought from her master in New York, the master of a ship, afterwards married a soldier in Colonel Allen's regiment.[23]What is believed to be the last advertisement for the sale of a slave in any maritime province is in the New BrunswickRoyal Gazetteof October 16, 1809 when Daniel Brown offered for sale Nancy a Negro woman, guaranteeing a good title. The latest offer of a reward for the apprehension of a runaway slave is said to be in the same paper for July 10, 1816.[24]For this act the perpetrator was excluded by his masonic lodge; being brought to trial before the Supreme Court in August 1792 he was "honourably acquitted" and afterwards he was reinstated by his lodge.[25]Seldom mentioned and never much boasted of in the United States.[26]The wordCamouflagemay be new. The practice antedated humanity.[27]There is a record of 371 arriving at St. John from Halifax on May 25, 1815, by theRomulus, who had taken refuge on board the British Men of War in the Chesapeake. The Negro settlement at Loch Lomond was founded by them.At the Census of 1824, 1421 "persons of color" were found in New Brunswick. The Very Rev. Archdeacon Raymond, an excellent authority, thinks most of these "were at one time slaves or the children of slaves," but many were not slaves in New Brunswick.Those that were brought by Admiral Cochrane to Halifax became a great burden to the community. It was proposed in 1815 by the British Government to remove them to a warmer climate, but this scheme does not seem to have been carried out. By a census taken in 1816 there was found to be 684 in Halifax and elsewhere in Nova Scotia. In the winter of 1814-15 they had suffered rather severely from small pox and were vaccinated to prevent its spread. Some were placed on Melville Island.[28]Presumably because he had the greatest number of serfs in the world and was, therefore, the best judge of slaves.[29]Of course, Britain refused to give up a single fugitive. She could not betray a trust even of the humblest. She knew that in "the land of the free and the home of the brave" for the Negro returned to his master, to be brave was to incur torture and death and death alone could make him free.[30]The Act (1833) 3, 4 William III, c. 73 (Imp.), passed the House of Commons August 7 and received the Royal Assent August 28, 1833; and there were no slaves in all the British world after August, 1838.

[1]So far at all events as appears from any records that I have seen it is just possible however that "La Liberté, le neigre" mentioned in de Meulles' Census of Acadia in 1696 was a black slave, notwithstanding his name.

[1]So far at all events as appears from any records that I have seen it is just possible however that "La Liberté, le neigre" mentioned in de Meulles' Census of Acadia in 1696 was a black slave, notwithstanding his name.

[2]From 1720 on, Annapolis Royal had a fairly firm government and settlement but it was not until Halifax was founded that it became certain that the country would remain English.

[2]From 1720 on, Annapolis Royal had a fairly firm government and settlement but it was not until Halifax was founded that it became certain that the country would remain English.

[3]This and most of the facts, dates, etc., in this chapter are taken from the Rev. Dr. T. Watson Smith's fascinating articleThe Slave in Canadain theNova Scotia Historical Society's Collections, Vol. X, Halifax, 1899.

[3]This and most of the facts, dates, etc., in this chapter are taken from the Rev. Dr. T. Watson Smith's fascinating articleThe Slave in Canadain theNova Scotia Historical Society's Collections, Vol. X, Halifax, 1899.

[4](1762) 2 George III, c. 1 (N. S.),Statutes at Large, Nova Scotia, Halifax, 1805, p. 77.

[4](1762) 2 George III, c. 1 (N. S.),Statutes at Large, Nova Scotia, Halifax, 1805, p. 77.

[5]It is referred to in a letter from Ward Chipman to Chief Justice Blowers to be mentioned later. See post, p.

[5]It is referred to in a letter from Ward Chipman to Chief Justice Blowers to be mentioned later. See post, p.

[6]This Act was continued in 1784 by (1784) 24 George III, c. 14 (N. S.).Statutes at Large, Nova Scotia, p. 238.

[6]This Act was continued in 1784 by (1784) 24 George III, c. 14 (N. S.).Statutes at Large, Nova Scotia, p. 238.

[7]"Halifax currency" was at this time nine-tenths of Sterling £10 currency = £9 sterling and the 5/ dollar being 4/6 sterling.

[7]"Halifax currency" was at this time nine-tenths of Sterling £10 currency = £9 sterling and the 5/ dollar being 4/6 sterling.

[8]It will be remembered that in the Treaty of Peace it was agreed by Article VII "His Britanic Majesty shall with all convenient speed and without causing any destruction or carrying away any negroes or other property of the American inhabitants withdraw his armies, garrisons and fleets from the said United States...."Sir Guy Carleton claimed that the Negroes who had taken refuge in the British lines at once lost their status of slavery and became free. They were "not Negroes or other property of the American," a rather technical not to say finely drawn distinction butin favorem libertatis; and in any event Britain would not betray the helpless who had put their faith in her.

[8]It will be remembered that in the Treaty of Peace it was agreed by Article VII "His Britanic Majesty shall with all convenient speed and without causing any destruction or carrying away any negroes or other property of the American inhabitants withdraw his armies, garrisons and fleets from the said United States...."

Sir Guy Carleton claimed that the Negroes who had taken refuge in the British lines at once lost their status of slavery and became free. They were "not Negroes or other property of the American," a rather technical not to say finely drawn distinction butin favorem libertatis; and in any event Britain would not betray the helpless who had put their faith in her.

[9]Washington did make a claim; but the United States had not carried out its part of the contract and Britain would not and never did pay. Jones'Loyalist History of New York, Vol. 2. p. 256, says that the number of Negroes who found shelter in the British lines was 2000 at least; probably this is an underestimate. Hay'sHistorical Readingat p. 249 gives the number of Negroes who came into Nova Scotia with their Masters at least 3000—and of free Negroes 1522 at Shelburne, 182 at St. John River. 270 at Guysborough, 211 in Annapolis County, and a smaller number at other places. 1200 were sent to Sierre Leone in 1792.

[9]Washington did make a claim; but the United States had not carried out its part of the contract and Britain would not and never did pay. Jones'Loyalist History of New York, Vol. 2. p. 256, says that the number of Negroes who found shelter in the British lines was 2000 at least; probably this is an underestimate. Hay'sHistorical Readingat p. 249 gives the number of Negroes who came into Nova Scotia with their Masters at least 3000—and of free Negroes 1522 at Shelburne, 182 at St. John River. 270 at Guysborough, 211 in Annapolis County, and a smaller number at other places. 1200 were sent to Sierre Leone in 1792.

[10]See ante, p. —. The Negro population in 1784 estimated at about 3000 was included in the 28,347 ofDisbanded Troops and Loyalists called New Inhabitants, Can. Arch., Report for 1885, p. 10. There were some free Negroes in various companies of the British forces in one capacity or another.

[10]See ante, p. —. The Negro population in 1784 estimated at about 3000 was included in the 28,347 ofDisbanded Troops and Loyalists called New Inhabitants, Can. Arch., Report for 1885, p. 10. There were some free Negroes in various companies of the British forces in one capacity or another.

[11]The Negroes sent were Abraham, James, Lymas, Cyrus, John, Isaac, Quako, January, Priscella, Rachel, Venus, Daphne, Ann, Dorothy and four children Celia, William, Venus, Eleanora—reserving Matthew and Susannah at home. All these had been christened, February 11, 1784. "Isaac is a thorough good carpenter and master sawyer, perfectly capable of overseeing and conducting the rest and strictly honest; Lymas is a rough carpenter and sawyer; Quako is a field negro has met with an accident in his arm which will require some indulgence. The other men are sawyers and John also a good axeman. Abraham has been used to cattle and to attend in the house, &c. All the men are expert in boats. The women are stout and able and promise well to increase their numbers. Venus is useful in the hospital, poultry yard, gardens, etc. Upon the whole they are a most useful lot of Negroes."John Wentworth, last Royalist Governor of New Hampshire and afterwards Sir John Wentworth, Lieutenant Governor of Nova Scotia, doubtless believed himself to be a good man and a good Christian.The story of Eve and Sukeinfrais told by Archdeacon Raymond, 3 N. B. Mag., 1899, p. 221.

[11]The Negroes sent were Abraham, James, Lymas, Cyrus, John, Isaac, Quako, January, Priscella, Rachel, Venus, Daphne, Ann, Dorothy and four children Celia, William, Venus, Eleanora—reserving Matthew and Susannah at home. All these had been christened, February 11, 1784. "Isaac is a thorough good carpenter and master sawyer, perfectly capable of overseeing and conducting the rest and strictly honest; Lymas is a rough carpenter and sawyer; Quako is a field negro has met with an accident in his arm which will require some indulgence. The other men are sawyers and John also a good axeman. Abraham has been used to cattle and to attend in the house, &c. All the men are expert in boats. The women are stout and able and promise well to increase their numbers. Venus is useful in the hospital, poultry yard, gardens, etc. Upon the whole they are a most useful lot of Negroes."

John Wentworth, last Royalist Governor of New Hampshire and afterwards Sir John Wentworth, Lieutenant Governor of Nova Scotia, doubtless believed himself to be a good man and a good Christian.

The story of Eve and Sukeinfrais told by Archdeacon Raymond, 3 N. B. Mag., 1899, p. 221.

[12]He went to England in 1796 (it was said, for a visit) resigned his position in Nova Scotia, was Knighted and appointed Recorder of Fort St. George, Bombay, India.

[12]He went to England in 1796 (it was said, for a visit) resigned his position in Nova Scotia, was Knighted and appointed Recorder of Fort St. George, Bombay, India.

[13]A collateral ancestor of my own, the Reverend Archibald Riddell, had the advantage of a similar proceeding a century before. Being apprehended for taking part in the uprising of the Covenanters in Scotland he was given (or sold) with others to a Scottish Laird who chartered a vessel and proceeded to take his human chattels to America for sale. The plague broke out on the ship, the Laird and his wife died of it as did some of the crew. When the ship reached New Jersey, there being no master, the "slaves" escaped up country. The Laird's son-in-law and personal representative came to America and claimed Riddell and others. The governor called a jury to determine whether they were slaves and the jury promptly found in their favor. Riddell preached in New Jersey until the Revolution of 1688 made it safe for him to return to Scotland. Juries in such cases are liable to what Blackstone calls "pious perjury." All this practice was based upon the common law proceedings when a claim was made of villenage. When a person claimed to be the lord of a villein who had run away and remained outside the manor unto which he was regardant, he sued out a writ of neif, that is, de nativo habendo. The sheriff took the writ and if the nativus admitted that he was villein to the lord who claimed him, he was delivered by the sheriff to the lord of the manor; but if he claimed to be free, the sheriff should not seize him but the Lord was compelled to take out aPoneto have the matter tried before the Court of Common Pleas or the Justices in Eyre, that is, the assizes. Or the alleged villein might himself sue out a writ of libertate probanda: and until trial of the case the lord could not seize the alleged villein. The curious will find the whole subject dealt with in Fitzherbert'sNatura Brevium, pp. 77 sqq.

[13]A collateral ancestor of my own, the Reverend Archibald Riddell, had the advantage of a similar proceeding a century before. Being apprehended for taking part in the uprising of the Covenanters in Scotland he was given (or sold) with others to a Scottish Laird who chartered a vessel and proceeded to take his human chattels to America for sale. The plague broke out on the ship, the Laird and his wife died of it as did some of the crew. When the ship reached New Jersey, there being no master, the "slaves" escaped up country. The Laird's son-in-law and personal representative came to America and claimed Riddell and others. The governor called a jury to determine whether they were slaves and the jury promptly found in their favor. Riddell preached in New Jersey until the Revolution of 1688 made it safe for him to return to Scotland. Juries in such cases are liable to what Blackstone calls "pious perjury." All this practice was based upon the common law proceedings when a claim was made of villenage. When a person claimed to be the lord of a villein who had run away and remained outside the manor unto which he was regardant, he sued out a writ of neif, that is, de nativo habendo. The sheriff took the writ and if the nativus admitted that he was villein to the lord who claimed him, he was delivered by the sheriff to the lord of the manor; but if he claimed to be free, the sheriff should not seize him but the Lord was compelled to take out aPoneto have the matter tried before the Court of Common Pleas or the Justices in Eyre, that is, the assizes. Or the alleged villein might himself sue out a writ of libertate probanda: and until trial of the case the lord could not seize the alleged villein. The curious will find the whole subject dealt with in Fitzherbert'sNatura Brevium, pp. 77 sqq.

[14]This is very much like the Chloe Cooley case in Upper Canada. I do not know what form the prosecution could possibly take if the Negro was in fact a slave. See Chapter V, note 5 ante.

[14]This is very much like the Chloe Cooley case in Upper Canada. I do not know what form the prosecution could possibly take if the Negro was in fact a slave. See Chapter V, note 5 ante.

[15]It is said that August 1797 was the date of the last public slave sale at Montreal, that of Emmanuel Allen for £36.The last advertisement for sale by auction of a slave in the Maritime Provinces seems to be that inThe Royal Gazette and Nova Scotia Advertiserof September 7, 1790, where William Millet of Halifax offers for sale by auction September 9 "A stout likely negro man and sundry other articles."In 1802 the census showed that there were 451 Blacks in Halifax; in 1791 there were 422.Dr. T. Watson Smith says in a paper "Slavery in Canada" republished in "Canadian History," No. 12, December, 1900, at p. 321."About 1806, so Judge Marshall has stated, a master and his slave were taken before Chief Justice Blowers on a writ of habeas corpus. When the case and the question of slavery in general had been pretty well argued on each side, the Chief Justice decided that slavery had no legal place in Nova Scotia."I have not been able to trace such a decision and cannot think that it has been correctly reported. Dr. Smith is wholly justified in his statement "there is good ground for the opinion that this baneful system was never actually abolished in the present Canadian Provinces until the vote of the British Parliament and the signature of King William IV in 1833 rendered it illegal throughout the British Empire."

[15]It is said that August 1797 was the date of the last public slave sale at Montreal, that of Emmanuel Allen for £36.

The last advertisement for sale by auction of a slave in the Maritime Provinces seems to be that inThe Royal Gazette and Nova Scotia Advertiserof September 7, 1790, where William Millet of Halifax offers for sale by auction September 9 "A stout likely negro man and sundry other articles."

In 1802 the census showed that there were 451 Blacks in Halifax; in 1791 there were 422.

Dr. T. Watson Smith says in a paper "Slavery in Canada" republished in "Canadian History," No. 12, December, 1900, at p. 321.

"About 1806, so Judge Marshall has stated, a master and his slave were taken before Chief Justice Blowers on a writ of habeas corpus. When the case and the question of slavery in general had been pretty well argued on each side, the Chief Justice decided that slavery had no legal place in Nova Scotia."

I have not been able to trace such a decision and cannot think that it has been correctly reported. Dr. Smith is wholly justified in his statement "there is good ground for the opinion that this baneful system was never actually abolished in the present Canadian Provinces until the vote of the British Parliament and the signature of King William IV in 1833 rendered it illegal throughout the British Empire."

[16]J. Allen Jack, Q. C., D. C., L., of St. John, New Brunswick, gives a full account of this case from which (and similar sources) most of the facts are taken. In a paper read before the Royal Society of Canada May 26, 1898,Trans. R. S. Can., 1898, pp. 137 sqq., Dr. Jack conjectures that Nancy Morton is the Negro female slave conveyed by bill of sale registered in the office of the Register of Deeds, St. John's, N. B. Slaves were treated as realty as regards fieri facias under the Act of 1732 (see ante, p. —) and at least "savoured of the realty." The bill of sale registered January 31, 1791, was dated November 13, 1778, and was executed by John Johnson of the Township of Brooklyn in King's County, Long Island, Province of New York. It conveyed with a covenant to warrant and defend title to Samuel Duffy, Innkeeper for £40 currency (say $100) "a certain negro female about fourteen years of age and goes by the name of Nancy," pp. 141, 142. However that may be, Stair Agnew bought Nancy from William Bailey of the County of York in the Province of New Brunswick for £40 with full warranty of title as a slave.

[16]J. Allen Jack, Q. C., D. C., L., of St. John, New Brunswick, gives a full account of this case from which (and similar sources) most of the facts are taken. In a paper read before the Royal Society of Canada May 26, 1898,Trans. R. S. Can., 1898, pp. 137 sqq., Dr. Jack conjectures that Nancy Morton is the Negro female slave conveyed by bill of sale registered in the office of the Register of Deeds, St. John's, N. B. Slaves were treated as realty as regards fieri facias under the Act of 1732 (see ante, p. —) and at least "savoured of the realty." The bill of sale registered January 31, 1791, was dated November 13, 1778, and was executed by John Johnson of the Township of Brooklyn in King's County, Long Island, Province of New York. It conveyed with a covenant to warrant and defend title to Samuel Duffy, Innkeeper for £40 currency (say $100) "a certain negro female about fourteen years of age and goes by the name of Nancy," pp. 141, 142. However that may be, Stair Agnew bought Nancy from William Bailey of the County of York in the Province of New Brunswick for £40 with full warranty of title as a slave.

[17]He was born in Boston in 1753, the son of John Chipman, a member of the Bar. Graduating at Harvard, he joined the Boston Bar and practised in that City until 1776. After the Peace he went to England and in 1784 sailed for New Brunswick of which he was appointed Solicitor General. After a quarter of a century of successful practice he was appointed 1808 a puisne judge of the Supreme Court. He died in February, 1826.His services to Nancy Morton were given without fee or hope of reward.

[17]He was born in Boston in 1753, the son of John Chipman, a member of the Bar. Graduating at Harvard, he joined the Boston Bar and practised in that City until 1776. After the Peace he went to England and in 1784 sailed for New Brunswick of which he was appointed Solicitor General. After a quarter of a century of successful practice he was appointed 1808 a puisne judge of the Supreme Court. He died in February, 1826.

His services to Nancy Morton were given without fee or hope of reward.

[18]That of Mr. Chipman is given inTrans. R. Soc. Can., 1898, pp. 155-184.

[18]That of Mr. Chipman is given inTrans. R. Soc. Can., 1898, pp. 155-184.

[19]It will be seen that the return sets up that Jones bought and owned the slave and the case was argued on that hypothesis, but the historians say that Captain Stair Agnew was the owner. The point is not of importance.

[19]It will be seen that the return sets up that Jones bought and owned the slave and the case was argued on that hypothesis, but the historians say that Captain Stair Agnew was the owner. The point is not of importance.

[20]Mos regit legem, Mos pro lege, Leges moribus servient, Consuetudo est optimus interpres legum, custom is the life of the law, custom becomes law, &c., &c. That slavery was necessary and therefore legal in the American Colonies was admitted in the Somerset case.

[20]Mos regit legem, Mos pro lege, Leges moribus servient, Consuetudo est optimus interpres legum, custom is the life of the law, custom becomes law, &c., &c. That slavery was necessary and therefore legal in the American Colonies was admitted in the Somerset case.

[21]The modern lawyer, in my opinion, would find no difficulty in coming to the same conclusion as the Chief Justice.Mr. Chipman in his interesting correspondence with Chief Justice Blowers (Trans. R. Soc. Can., 1898, pp. 148 sqq.) admits that if his opponents had hit upon the Nova Scotia Statute of 1762 as revised in 1783 "the conclusiveness of their reasoning on their principles would have been considered as demonstrated." He adds: "In searching your laws upon this occasion I found this clause but carefully avoided mentioning it," which raises a curious question in legal ethics.

[21]The modern lawyer, in my opinion, would find no difficulty in coming to the same conclusion as the Chief Justice.

Mr. Chipman in his interesting correspondence with Chief Justice Blowers (Trans. R. Soc. Can., 1898, pp. 148 sqq.) admits that if his opponents had hit upon the Nova Scotia Statute of 1762 as revised in 1783 "the conclusiveness of their reasoning on their principles would have been considered as demonstrated." He adds: "In searching your laws upon this occasion I found this clause but carefully avoided mentioning it," which raises a curious question in legal ethics.

[22]The reconveyance to Bailey, a quit claim deed, is witnessed by George Leonard and Thomas Wetmore and is dated February 22, 1800. The indenture by which Nancy bound herself for fifteen years is dated February 23, 1800.If Dr. Jack is right in his conjecture the argument took place when she was 36 and she would receive her freedom when she was 51. Agnew challenged Judge Allen for some reflection upon him by the Judge; the challenge was declined and Agnew then challenged Street who accepted—and they fought a bloodless duel. Street later in 1821 fought a duel with George Ludlow Wetmore over words which passed on leaving the Court. Wetmore was struck in the head and died in a few hours. Street was tried and aquitted. One result of this case was that Mr. Justice Upham freed his slaves. His wife had six inherited from her father and he himself had some, one a girl born in the East Indies whom he had bought from her master in New York, the master of a ship, afterwards married a soldier in Colonel Allen's regiment.

[22]The reconveyance to Bailey, a quit claim deed, is witnessed by George Leonard and Thomas Wetmore and is dated February 22, 1800. The indenture by which Nancy bound herself for fifteen years is dated February 23, 1800.

If Dr. Jack is right in his conjecture the argument took place when she was 36 and she would receive her freedom when she was 51. Agnew challenged Judge Allen for some reflection upon him by the Judge; the challenge was declined and Agnew then challenged Street who accepted—and they fought a bloodless duel. Street later in 1821 fought a duel with George Ludlow Wetmore over words which passed on leaving the Court. Wetmore was struck in the head and died in a few hours. Street was tried and aquitted. One result of this case was that Mr. Justice Upham freed his slaves. His wife had six inherited from her father and he himself had some, one a girl born in the East Indies whom he had bought from her master in New York, the master of a ship, afterwards married a soldier in Colonel Allen's regiment.

[23]What is believed to be the last advertisement for the sale of a slave in any maritime province is in the New BrunswickRoyal Gazetteof October 16, 1809 when Daniel Brown offered for sale Nancy a Negro woman, guaranteeing a good title. The latest offer of a reward for the apprehension of a runaway slave is said to be in the same paper for July 10, 1816.

[23]What is believed to be the last advertisement for the sale of a slave in any maritime province is in the New BrunswickRoyal Gazetteof October 16, 1809 when Daniel Brown offered for sale Nancy a Negro woman, guaranteeing a good title. The latest offer of a reward for the apprehension of a runaway slave is said to be in the same paper for July 10, 1816.

[24]For this act the perpetrator was excluded by his masonic lodge; being brought to trial before the Supreme Court in August 1792 he was "honourably acquitted" and afterwards he was reinstated by his lodge.

[24]For this act the perpetrator was excluded by his masonic lodge; being brought to trial before the Supreme Court in August 1792 he was "honourably acquitted" and afterwards he was reinstated by his lodge.

[25]Seldom mentioned and never much boasted of in the United States.

[25]Seldom mentioned and never much boasted of in the United States.

[26]The wordCamouflagemay be new. The practice antedated humanity.

[26]The wordCamouflagemay be new. The practice antedated humanity.

[27]There is a record of 371 arriving at St. John from Halifax on May 25, 1815, by theRomulus, who had taken refuge on board the British Men of War in the Chesapeake. The Negro settlement at Loch Lomond was founded by them.At the Census of 1824, 1421 "persons of color" were found in New Brunswick. The Very Rev. Archdeacon Raymond, an excellent authority, thinks most of these "were at one time slaves or the children of slaves," but many were not slaves in New Brunswick.Those that were brought by Admiral Cochrane to Halifax became a great burden to the community. It was proposed in 1815 by the British Government to remove them to a warmer climate, but this scheme does not seem to have been carried out. By a census taken in 1816 there was found to be 684 in Halifax and elsewhere in Nova Scotia. In the winter of 1814-15 they had suffered rather severely from small pox and were vaccinated to prevent its spread. Some were placed on Melville Island.

[27]There is a record of 371 arriving at St. John from Halifax on May 25, 1815, by theRomulus, who had taken refuge on board the British Men of War in the Chesapeake. The Negro settlement at Loch Lomond was founded by them.

At the Census of 1824, 1421 "persons of color" were found in New Brunswick. The Very Rev. Archdeacon Raymond, an excellent authority, thinks most of these "were at one time slaves or the children of slaves," but many were not slaves in New Brunswick.

Those that were brought by Admiral Cochrane to Halifax became a great burden to the community. It was proposed in 1815 by the British Government to remove them to a warmer climate, but this scheme does not seem to have been carried out. By a census taken in 1816 there was found to be 684 in Halifax and elsewhere in Nova Scotia. In the winter of 1814-15 they had suffered rather severely from small pox and were vaccinated to prevent its spread. Some were placed on Melville Island.

[28]Presumably because he had the greatest number of serfs in the world and was, therefore, the best judge of slaves.

[28]Presumably because he had the greatest number of serfs in the world and was, therefore, the best judge of slaves.

[29]Of course, Britain refused to give up a single fugitive. She could not betray a trust even of the humblest. She knew that in "the land of the free and the home of the brave" for the Negro returned to his master, to be brave was to incur torture and death and death alone could make him free.

[29]Of course, Britain refused to give up a single fugitive. She could not betray a trust even of the humblest. She knew that in "the land of the free and the home of the brave" for the Negro returned to his master, to be brave was to incur torture and death and death alone could make him free.

[30]The Act (1833) 3, 4 William III, c. 73 (Imp.), passed the House of Commons August 7 and received the Royal Assent August 28, 1833; and there were no slaves in all the British world after August, 1838.

[30]The Act (1833) 3, 4 William III, c. 73 (Imp.), passed the House of Commons August 7 and received the Royal Assent August 28, 1833; and there were no slaves in all the British world after August, 1838.

The curse of Negro slavery affected the whole English speaking world; and that part of the world where it was commercially profitable resisted its abolition. The British part of this world does not need to assert any higher sense of justice and right than had those who lived in the Northern States; and it may well be that had Negro slave service been as profitable in Canada as in the Cotton States, the heinousness of the sin might not have been more manifest here than there. Nevertheless we must not too much minimize the real merit of those who sought the destruction of slavery. Slaves did not pay so well in Canada as in Georgia, but theypaid.

It is interesting to note the various ways in which slavery was met and finally destroyed. In Upper Canada, the existing slaves, 1793, remained slaves but all those born thereafter were free, subject to certain conditions of service. There was a statutory recognition of the existing status and provision for its destruction in the afterborn. This continued slavery though it much mitigated its severity and secured its downfall in time. But there were slaves in Upper Canada when the Imperial Act of 1833 came in force. The Act of 1793 was admittedly but a compromise measure; and beneficial as it was it was a paltering with sin.

In Lower Canada, there was no legislation, and slavery was never formally abolished until the Imperial Act of 1833; but the courts decided in effect if not in form that a master had no rights over his slave, and that is tantamount to saying that where there is no master there is no slave. The reasoning in these cases as in the Somerset case may not recommend itself to the lawyer but the effect is undoubtedly, "Slaves cannot live in Lower Canada."

In Nova Scotia, there was no decision that slavery did not exist. Indeed the course of procedure presupposed that it did exist, but the courts were astute to find means of making it all but impossible for the alleged master to succeed; and slavery disappeared accordingly.

In New Brunswick the decision by a divided court was in favor of the master; but juries were of the same calibre and sentiments in New Brunswick as in Nova Scotia and the same results were to be anticipated, if Nova Scotian means were used; and the slave owners gave way.

In the old land, judicial decision destroyed slavery on the British domain; but conscience and sense of justice and right impelled its destruction elsewhere by statute; and the same sense of justice and right impelled the Parliament of Great Britain to recompense the owners for their property thus destroyed. If there be any more altruistic act of any people in any age of the world's history I have failed to hear or read of it.

In the United States, slavery was abolished as a war measure. Lincoln hating slavery as he did would never have abolished it, had he not considered it a useful war measure. No compensation was paid, of course.[1]Everywhere slavery was doomed and in one way or another it has met a deserved fate.

William Renwick Riddell

Justice of the Supreme Court of Ontario,Osgood Hall, Toronto,February 5, 1920

FOOTNOTE:[1]I had with the late Hon. Warwick Hough of St. Louis, Missouri, who had been an officer in the Southern Army, several conversations on the subject of slavery. He gave it as his firm conviction that, had the South succeeded in the Civil War, it would shortly have itself abolished slavery and sought readmission to the Union. His proposition was that the power and influence of the planter class was waning, while the manufacturers, merchants and the like were increasing in number and influence and they would have for their own protection abolished slavery. I have not met a Northerner or a Canadian who agreed with this view; but a few Southerners have expressed to me their general concurrence with my friend's proposition.

[1]I had with the late Hon. Warwick Hough of St. Louis, Missouri, who had been an officer in the Southern Army, several conversations on the subject of slavery. He gave it as his firm conviction that, had the South succeeded in the Civil War, it would shortly have itself abolished slavery and sought readmission to the Union. His proposition was that the power and influence of the planter class was waning, while the manufacturers, merchants and the like were increasing in number and influence and they would have for their own protection abolished slavery. I have not met a Northerner or a Canadian who agreed with this view; but a few Southerners have expressed to me their general concurrence with my friend's proposition.

[1]I had with the late Hon. Warwick Hough of St. Louis, Missouri, who had been an officer in the Southern Army, several conversations on the subject of slavery. He gave it as his firm conviction that, had the South succeeded in the Civil War, it would shortly have itself abolished slavery and sought readmission to the Union. His proposition was that the power and influence of the planter class was waning, while the manufacturers, merchants and the like were increasing in number and influence and they would have for their own protection abolished slavery. I have not met a Northerner or a Canadian who agreed with this view; but a few Southerners have expressed to me their general concurrence with my friend's proposition.

Africa and the Discovery of America.Volume I. ByLeo Wiener, Professor of Slavic Languages and Literatures at Harvard University. Innes & Sons, Philadelphia, Pa., 1920. Pp. i-xix, 1-290.

The present volume is the first of a series in which Professor Wiener will show that Arabicised Negroes, chiefly Mandingoes, brought to America as slaves, profoundly influenced the culture of the Indians, and were an important, if not always direct factor in establishing themodus vivendibetween the Indians and the Europeans, which made practicable the colonization of the New World.

The book is packed with valuable data, newly discovered, and brought together for the first time. It should be read slowly, and read through at least twice before judgment is passed on it. With the first reading comes a shock. One learns that theJournal of the First Voyage, and theFirst Letter of Columbusare literary frauds, though containing material which came from Columbus's own pen, and that tobacco, manioc, yams, sweet potatoes and peanuts are not gifts of the Indian to the European. Yet with a more intimate study of the subject matter, the conviction increases that the author has built upon the bed-rock of fact, and that his position is unassailable.

It is impossible, within the limits of a review, to do more than to emphasise the most important of his discoveries. In his studies of theFirst Letter, and of theJournalsgiving account of the first and the second voyages of Columbus, Professor Wiener seeks to determine how much testimony they give pertaining to Indian names and things, after the elimination of all that is not Indian. The non-Indian elements are of two sorts; the names of the Islands, and the words for "gold," etc. Columbus, dominated by the fixed idea, that, sailing westward, he would find a short cut to India, China and Japan, began with the first sight of land, to be engrossed with the task of identifying each newly discovered country with some island or district of the Far East, named on his maps. He was an ignorant man, though he knew Ptolemy and Marco Polo by heart, credulous, uncritical, not consciously dishonest, but unready to correct false impressions caused by hisignorance and gullibility. His notes, as may be seen from a reproduction of a page of his manuscripts (facing p. 38), were in an execrable hand. The forger of theJournal of the First Voyagewas no puzzle expert, and made mistakes in deciphering scrawls. Thus, for example, the noteGiaua min.,i.e., Java minor, was readGuanahin, the same destined to masquerade asGuanahani, the Indian name of the first island sighted on October 12, 1492.

Perhaps the best specimen of such ghost-words in theJournalis the nameCarib. This is nothing but Marco Polo'sCambalu, the capital of the Grand Khan, successively misread as Canibal, Caniba, Cariba. So also, "canoe" is a ghost-word, traced to a misreading ofscaphasascanoasin the manuscript, or the Gothic text of the Latin version of the First Letter. It is interesting to learn thatmaize, in the formsmasa,maza, ultimately from Portuguesemararoca, is the African name for Guinea corn. The transference of the name from Guinea corn to Indian corn, "rests on a misunderstanding of a passage in Peter Martyr'sFirst Decade" (p. 123).

The question arises whether or not there had been a colony of Europeans, with African slaves in America, before the arrival of Columbus.

Fray Ramon Pane, Oviedo, and Las Casas giveconicoas the Indian word for "farm, plantation." This is clearly the Mandingokunke"farm." The Indian word for "golo," according to the Journal entry for January 13, 1493, iscaona. It is found also in the name ofCacique Caonabo, called in theJournal of the Second Voyage"master of mines,"—the name being explained in the Libretto as "lord of the house of gold." Now the words for "gold" in the Negro languages are mostly derived from Arabicdinār, which, through Hausazinaria, and Pulkanyera, reaches Vei askani. Evidentlycanoa, written alsoguani, is nothing but this Vei word. In "Cacique Caonabo," we have three Mande words in juxtaposition.Caciqueis not far removed fromkuntigi, Sosokundzi, "chief,"—caona, that iskani, is "gold," andboi, from Arabicbeii,bai, is "house." The chance that three such words should be identical in the dissimilar languages of Africa and America, isnil. The words are African, though represented as belonging to the spoken language of the New World. Moreover, Ramon Pane, in the account he wrote for Columbus of the Indian religion, gives as Indian words, the Mandetoto, "frog," and theMalinkekobo, "bug." What is more important, he imputes to the Indians, a knowledge of the terrible West African itch, orcraworaw, which he calls by the supposed Indian namecaracaracol. The critic faces a dilemma. Either Ramon Pane lied, or he told the truth. Either he fabricated stories of Indians, which he drew from books or manuscript relations by Spanish and Portuguese traders, who were writing about Negroes in Africa, or there had been in Hispaniola, a pre-Columbian colony of European adventurers, with their African slaves, who taught the Indians the Negro words for "farm, gold, frog, bug, itch," etc., and also African folk-lore. No other hypothesis is possible.

The documentary and philological history of tobacco smoking and the cultivation of edible roots, shows additional convincing evidence of the influence of Africa on the culture of America in the colonial period. Columbus never saw the Indians smoking tobacco. According to theJournal of the First Voyage, on October 15, 1492, an Indian brought him a ball of earth and certain precious dried leaves. On November 16, two Spaniards reported that the Indians, carrying firebrands and leaves, used them to "take incense." In theJournal of the Second Voyage, Columbus (this part of the Journal is definitely ascribed to him by his son) writes of Indians spreading powder on a table, and sniffing it through a forked reed, thereby becoming intoxicated. Now the first account is suspiciously like a book-story of Oriental hashish-taking.—the second has no implication of smoking at all, while the third describes nothing but the process of taking a sternutatory. Indeed this last account is clearly based on a book account, in which there was a play on the Arabic wordstubbāq"styptic" andtabaq"table." Ramon Pane, when he tells of Indians sniffing the powder, calls itcaboba, a mere Italianisation of the Arabicqasabah"reed," transferring the name of the inhaler to the drug. Smoking tobacco through a forked reed of the sort described, has been proved by trial, to be impossible. As late as 1535, Oviedo is unable to tell a straightforward story of Indians smoking tobacco, but he adds the significant fact that the Negroes in the WestIndiessmoked and cultivated tobacco. Negroes, by the way were first allowed to come to America in 1501,—two years later, Ovando, the governor of Hispaniola complained that they joined with the Indians to make trouble. By 1545, "smoking had become fairly universal in America" (p. 127). It cannot be argued that half acentury is too short a time for a new vice to become so widespread. Consider the case of banana culture. Oviedo says that the first bananas were introduced into America in 1516. Within twenty years, the fruit was universally cultivated, while the Spanish nameplatanohas survived in a large number of derivatives in the Indian languages.

As far as the linguistic history of the tobacco-words in the Indian languages is concerned, it leads back to an eastern origin. In Arabic,tubbāqmeans "styptic." Tobacco leaves were used as a styptic by the Indians of Brazil in the sixteenth century. The Low Latin equivalent of the Arabictubbāq"styptic," isbitumen, whence Portuguesebetume, and Frenchbetun,petun. "The French traders," says Professor Wiener, "at the end of the sixteenth century, carried the word and the Brazilian brand of tobacco to Canada, andpetunbecame imbedded in several Indian languages. The older Huron word for "tobacco" is derived from the Caribyuli, which itself is from a Mandingo word. Thus, while the Carib and Arawak influence is apparent in the direction from Florida, to the Huron country, the Brazilian influence proceeds up the St. Lawrence. The whole Atlantic triangle between these two converging lines was left uninfluenced by these two streams, and here, neither Carib nor Brazilian words for "tobacco," nor the moundbuilders' craft have been found. Here the "tobacco" words proceeded northward from Virginia, where the oldest form of the words is an abbreviated Span.tabaco, or Fr.tabao(p. 191). The Caribyuli"smoke," is found in Carib and Arawak, side by side with derivatives of Mandetama,tawa, which are also in the Algonkian languages. The fact that the Hurons, apparently the first Indians to plant tobacco, have no native word for the plant is significant. It shows that the Hurons learned to smoke from the Arawaks or Caribs, then already under Negro influence, and at a time prior to the introduction of the tobacco-plant into Canada by the French. When we consider, then, that tobacco is native to Africa, thattubbāqandpetunare the ancestors of the Indian names for the weed, that by 1503, Negroes in large numbers were living in America, deserting their masters to join the Indians, that the Negroes in America smoked and raised tobacco, the conclusion is inescapable that tobacco smoking was discovered and taught by them to the Indians and the Europeans.

"The tobacco-pipe in America," says Professor Wiener, "beganits career as a Mandingo amulet" (p. 184). This statement will distress the American archæologists, but the arguments in support of it cannot be overcome. A counter-claim of pre-Columbian antiquity for pipes found in the mounds cannot be made, since it is so clearly shown that the mounds are not prehistoric, but were fortifications erected along the lines of communication from Florida to the Huron country, to protect the overland trade established in the beginning of the sixteenth century.

In theJournal of the First Voyage, we find mention ofajesandniames, as name of edible roots, but the account hopelessly confuses reports of yams, sweet potatoes and manioc. Neither yams nor sweet potatoes are native to America, and both bear in America, only African names. Oviedo indeed, says distinctly, that thenameis "a foreign fruit, and not native to these Indies,"—also, that "it came with that evil lot of Negroes, ... of whom there is a greater number than is necessary, on account of their rebellions" (pp. 203-4). Now in Africa the yam (Dioscorea), cultivated before the coming of the Europeans, is known by names derived from Arabicarumandgambah,e.g., Eweadě,adže, Mandingonyambe, Malinkenyeme ku,—whence the supposed Indian names,aje,age,niame,igname, used indiscriminately of any edible roots. The African names of the manioc have come from Arabic'uruq"roots," notably in the Congo languages,yōka,yēke,edioko, pluralmadioka, whence, as the plant was introduced into America, it was known there asvuca,mandioca. As to sweet potatoes and peanuts, the former were cultivated in Asia before the discovery of America, while the latter, mentioned by Ibn Batutah as an article of food in Africa, took to the New World, their African namesmandube,gooberandpinder(compare Mozambiquemanduwe, Basundenguba, Nyombopinda). Professor Wiener's conclusion is that manioc culture was taught to the Brazilian Indians before 1492 by Portuguese castaways, who knew of the economic importance of the plant in Africa, while the peanut, spreading north and south from the Antilles, may also have reached America a few years before Columbus.

The numerous full-page illustrations are extremely helpful in aiding the reader to a clear understanding of difficult points in the discussion.

The book is epoch-making. To all seekers of the truth, the coming of the second volume, in which Professor Wiener will dealexhaustively with the Negro element in Indian culture, will be an eagerly anticipated event.

Phillips Barry, A.M., S.T.B.

Cambridge Massachusetts

A Comparative Study of the Bantu and Semi-Bantu Languages.BySir Harry H. Johnston, G.C.M.G., K.C.B., D.Sc. (Cambs). Oxford: at the Clarendon Press, 1919, pp. 815, 2 sketch maps.

The author of this monumental work, in the opinion of the reviewer, is in himself a composite of many of the capacities, which, combined or singly in her subjects have made the greatness of Britain. He has been a great colonial administrator, a distinguished African explorer; he is a talented artist, and has recently astonished the literary world by producing what H. G. Wells declares to be one of the best first novels he has ever read. The contributions of Sir Harry Johnston to the sciences of botany, zoology, and anthropology are truly prodigious. It is in the last named field that his major interests have lain, and a succession of important works have established him as the foremost authority upon the ethnology of Africa and upon the anthropology of the Negro race.

This ponderous volume on the Bantu and Semi-Bantu languages is the first part of a work which represents the fruit of many years of study of multitudinous African languages and dialects. The major portion of the book consists of illustrative vocabularies of 366 Bantu and 87 Semi-Bantu languages and dialects with an extensive bibliography. A competent criticism of this portion of the work can be made by no one but a philologist with a special knowledge of African languages. The present reviewer does not possess these qualifications. Nevertheless it is obvious to any student of Africa that the publication of this work places a mine of useful information at the disposal of the linguist, the grammarian, and the missionary, and will also be invaluable to the student of African ethnology and to the physical anthropologist.

The first chapter sketches the history of research into the Bantu laguages. The contributions of various philosophists are appraised.

The second chapter on the distribution and character of the Bantu languages is of greatest interest to the layman and to the general anthropologist. We are informed that the Bantulanguages "constitute a very distinct type of speech which, as contrasted with others amongst the group of Negro tongues, is remarkable as a rule for Italian melodiousness, simplicity and frequency of its vowel sounds, and the comparative ease with which its exemplars can be acquired and spoken by Europeans" (p. 15). "This one Negro language family now covers the whole of the southern third of Africa, with the exception of very small areas in the southwest (still inhabited sparsely by Hottentot and Bushman tribes) and a few patches of the inner Congo basin" (p. 15). Throughout Africa, north of the Bantu border line, the traveller meets with numerous languages widely different and mutually incomprehensible whereas with a knowledge of one Bantu language it is not difficult to understand the structure and even the vocabulary of others. The importance of this language family in Africa is therefore obvious. The author defines clearly the special and peculiar characteristics of Bantu languages. There follows an interesting discussion of the origin and spread of these languages. Probably the parent speech was spoken originally in the very heart of Africa, somewhere between the basins of the Upper Nile, the Bahr-al-ghazal, the Mubangi, and the Upper Benue. The archaic Bantu seem first to have moved eastward, toward the Mountain Nile and the Great Lakes. Probably they remained in the Nile Valley north of the Albert Nyanza "till at least as late as three or four hundred years before Christ—late enough to have been in full possession of goats and oxen and to have received the domestic fowl from Egypt or Abyssinia. They then embarked upon their great career of conquering and colonizing the southern third of Africa" (p. 22).

The original Bantu invaders found before them in Central and South Africa other peoples—Negroes of different types, pygmies, Bushmen, and Hottentots. "The first great Bantu migrations undoubtedly emanated from the vicinity of the Victoria Nyanza and the north Tanganyika, and were directed round and not through the Congo forests" (p. 24). On the basis of linguistic, ethnological and anthropological evidence Sir Harry is led to deduce that at a critical period in their career the Negro speakers of the early Bantu languages were brought under the influence of a semi-Caucasian race from the north or northeast. This contact gave rise to the many handsome-featured pale-skinned castes and ruling clans in so many of the Bantu peoples.

The following statement is of great anthropological importance: "The Bantu-speaking peoples of Africa, ... donotconstitute a race apart from the other negroes or offer any homogeneity of physical type. But on the whole they represent so much the average negro type that 'Bantu' is still in favor as a physical definition among craniologists. In reality, they are just fifty millions of Negroes whose speech belongs to one of the many language families of 'Negro type'; only in this case the language family instead of being confined in its range to a hundred villages or two hundred square miles, is spread over the southern third of Africa—say over 3,500,000 square miles—from the Cameroons, the Northern Congo, the Nyanzas, and the Mombasa coast to Cape Colony and Natal" (p. 25), Bantu languages are spoken by peoples of diverse physical types.

"Yet about the Bantu speech and the culture which accompanies it (ordinarily) there is a suggestion, strengthened by the association of these languages with metal working (iron more especially), with agriculture, cultivated plants, and cattle-keeping, that adds to the impression derived from their legends, their religious beliefs, games, and weapons. It is thought that the Bantu language family was finally moulded by some non-Negro incomers of possibly Hamitic affinities, akin at any rate in physique and culture, if not in language, to the dynastic Egyptians, the Galas, and perhaps most of all to those 'Ethiopians' of mixed Egyptian and Negro-Nubian stock that down to one thousand years ago inhabited the Nile basin south of Wadi Halfa and north of Kordofan." (Pp. 25-26.)

Sir Harry attributes most of the higher cultural elements associated with the Bantu languages to the non-Negro invaders. He believes that the Bantu invasions of southern and central Africa cannot be referred back much earlier than the second century B. C., and that the differentiation of the more than two hundred forms of Bantu speech occurred subsequently and rapidly.

To the student of African ethnography this volume is a great disappointment in one respect. The sketch map showing the distribution of Bantu and Semi-Bantu languages is absurdly inadequate. The writer of this review had confidently expected an authoritative large-scale map showing the distribution of linguistic families, dialects, and tribes. It is to be hoped that such a map will form a part of the completed work.

E. A. Hooton.

Harvard University

History of the United States from Hayes to McKinley, 1877-1896.ByJames Ford Rhodes, LL.D., D.Litt. Volume VIII, 1877-1896. The Macmillan Company, New York, 1919. Pp. 484.

This is supposed to be a continuation of Mr. RhodesHistory of the United States from the Compromise of 1850 to the Final Restoration of Home Rule at the South in 1877. As one, however, considers the treatment of the former work in comparison with this recent treatise, he must conclude that the author has not maintained the standard set in his earlier volumes which show deeper insight and a more scientific point of view. Persons who have looked forward to the continuation of Mr. Rhodes's comprehensive history from the transition period of Hayes' administration will certainly be disappointed in observing how he has failed in tracing the threads of history, which in our time, have become momentous. After reading the volume one is still at a loss as to what forces in our national life the author considers as being actually in the making during the period which the volume covers.

The work begins with a treatment of Hayes' administration setting forth facts which have appeared elsewhere in the author's studies in this particular period. As in other works, the author defends almost everything Hayes did and arraigns the Reconstruction Republicans who were opposed to him. He then presents in an unscientific way the brief discussion of economic questions bearing on railroad rates, wages, strikes, mobs and riots. Financial depression, the silver question and the valuable service of John Sherman are given considerable attention. Valuable facts are set forth in his discussion of civil service reform, the tariff commission and the Chinese question. Too much of the book, however, is devoted to merely political matter involving a detailed discussion of campaigns and elections at the expense of the economic, constitutional and diplomatic movements decidedly influencing the history of this country.

In this work the author pays very little attention to the Negro except as he leaves the impression that the race was justly deprived of the suffrage and of holding office. He makes reference to the complaint of the Republicans to show that in disfranchising the Negro in the South to make that section solidly Democratic that every white voter in the South thereafter possessed the political power of two white voters in the North. He mentions also the federal election laws and the Force Bill but finally concludes that the experimentof making the Negro a citizen was a failure. Here again Mr. Rhodes shows his lack of knowledge of human affairs in that he studies history only in the present tense. No man at present is wise enough to say whether we shall finally obtain more good than bad results from the Reconstruction, for we are too close to that part of our history to make a proper estimate of these events.

The Negro Year Book.Edited byMonroe N. Work, Director of Department of Records and Research, Tuskegee Normal and Industrial Institute. The Negro Year Book Publishing Company, Tuskegee Institute, Alabama, 1919. Pp. 523.

There has appeared for 1918-1919 a new edition of theNegro Year Bookto which students of Negro Life and History have learned to look for information concerning the Negro. This volume appears with a table of contents and a useful index to the numerous facts compiled. The volume not only covers the field of former editions but includes also much up to date material throwing light on Negro current history. The very first portion of the work is entitledFifty-three Years of Progress, 1866-1919. This is a statistical study of Negro schools, Negro ownership of property, and Negro enterprise. The reader will be interested in such information as illiteracy, music, painters, actors, occupations, agriculture, business, and the study of crime.

The Negro Year Book is a desirable step in the right direction. Mr. Work and his coworkers deserve unusual praise for this undertaking in a field where for a number of years yet to come the returns must necessarily be meagre. The work meets a long felt want of statistical information as to exactly what the Negro people are doing. These facts will serve not only as an inspiration to the race itself but to refute so much misinformation often circulated to do Negroes injury. It is earnestly hoped that the managers of this work will find it possible in the near future to publish an annual volume and to this end the public should give the movement unstinted support to make such an undertaking financially profitable.

The Carnegie Endowment for International Peace has published a monograph entitledNegro Migration during the Warby Mr. Emmett J. Scott, Secretary-Treasurer of Howard University. This is the first effort at a detailed treatment of the movement of the Negroes from the South to the North. It has such interesting chapters as the causes of the migration, stimulation of the movement, the call of the self-sufficient North, the draining of the black belt, efforts to check the movement, the effect of the migration on the South, the situation in the congested districts in the North and West, and remedies for relief. Persons who have an interest in this conspicuous event of our internal history will find it profitable to read this volume.

The Illinois Centennial Commission has published Volume V of theModern Commonwealth, a history of that State. On page 21 appears this paragraph:

"Half way between the native stock and the foreign born stands the Negro population, practically all of whom have drifted into the state since the Civil War. In 1870 there were only 28,762 Negroes in Illinois, but since that time they have been increasing steadily and, with the exception of the decade 1880-1890, at a more rapid rate than the white population. Especially rapid was the growth in the decade ending with 1870, when it was 277 per cent or almost four times the rate of increase of the white population. As a result of this influx of Negroes the proportion which they constitute of the total population has increased very steadily from 1.1 per cent in 1870 to 1.9 per cent in 1910. But the absolute number is still small, amounting only to 109,049 at the last census."

The American Negro Academy has published Number 20 of itsOccasional Paperscontaining a study ofAlexander Crummell, an Apostle of Negro Cultureby William H. Ferris. This dissertation sets forth not only the main facts of the life of the subject of the sketch but gives also some interesting history in connection with the founding of the American Negro Academy.

Major John R. Lynch, one of the most conspicuous figures of the Reconstruction period now living, has discovered certain errorsin the Reconstruction records published in the January number of the Journal of Negro History, and has written the editor the following letter to make the necessary corrections:

4352 Forestville Avenue,Chicago, May 17th, 1920.Editor, Journal of Negro History.In compliance with your request I write this to point out a few errors which appeared in the January 1920 issue of the Journal covering the Reconstruction period.Page 67 the name of Benjamin F. Turner appears as a member of the 43d Congress, and Jeremiah Haralson as a member of the 44th Congress. Turner was a member of the 42d but not of the 43d Congress.Haralson and Rapier were members of the 43d Congress, both having been elected in 1872.On page 73, Rubert Gleed should be Robert Gleed. A.R. Davis should be A. K. Davis, Dr. Stiles should be Dr. Stites, W.H. Fonte should be W. H. Foote.On page 74, H. M. Faley should be H. M. Foley. To the list of Colored men elected to that Legislature should be added the name of J. M. Wilson, of Marion County.On the same page is the statement: "John R. Lynch elected speaker of the House." This is incorrect. Lynch was elected speaker in January 1872, by the Legislature that was elected in November 1871. The man who was elected speaker in January 1870, by the Legislature that was elected in November 1869, was Judge Freeman E. Franklin, a white Republican from Yazoo County. Shortly after the adjournment of the first session of that Legislature speaker Franklin died. When the second session convened in January 1871 Hon. H. W. Warren, a white Republican from Leake County was elected speaker for the unexpired term.Respectfully yours,(Signed)John R. Lynch.

4352 Forestville Avenue,Chicago, May 17th, 1920.

Editor, Journal of Negro History.

In compliance with your request I write this to point out a few errors which appeared in the January 1920 issue of the Journal covering the Reconstruction period.

Page 67 the name of Benjamin F. Turner appears as a member of the 43d Congress, and Jeremiah Haralson as a member of the 44th Congress. Turner was a member of the 42d but not of the 43d Congress.

Haralson and Rapier were members of the 43d Congress, both having been elected in 1872.

On page 73, Rubert Gleed should be Robert Gleed. A.R. Davis should be A. K. Davis, Dr. Stiles should be Dr. Stites, W.H. Fonte should be W. H. Foote.

On page 74, H. M. Faley should be H. M. Foley. To the list of Colored men elected to that Legislature should be added the name of J. M. Wilson, of Marion County.

On the same page is the statement: "John R. Lynch elected speaker of the House." This is incorrect. Lynch was elected speaker in January 1872, by the Legislature that was elected in November 1871. The man who was elected speaker in January 1870, by the Legislature that was elected in November 1869, was Judge Freeman E. Franklin, a white Republican from Yazoo County. Shortly after the adjournment of the first session of that Legislature speaker Franklin died. When the second session convened in January 1871 Hon. H. W. Warren, a white Republican from Leake County was elected speaker for the unexpired term.

Respectfully yours,

(Signed)John R. Lynch.


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