Kitabı oku: «The Journal of Negro History, Volume 3, 1918», sayfa 25

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.⁴⁵⁵

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.⁴⁵⁶ 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 trade of 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.'"⁴⁵⁷

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.⁴⁵⁸ 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."⁴⁵⁹

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, should intermarry 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.⁴⁶⁰ 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.⁴⁶¹

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.⁴⁶²

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 a tract of land there bore the name of "Mulatto Hall."⁴⁶³ 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."⁴⁶⁴

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."⁴⁶⁵ In 1722 a woman was punished for abetting a clandestine marriage between a white woman and a Negro. In the Pennsylvania 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.⁴⁶⁶

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 woman should 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.⁴⁶⁷

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.⁴⁶⁸ 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."⁴⁶⁹

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."⁴⁷⁰ 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.⁴⁷¹ 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.⁴⁷² 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.⁴⁷³ 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 offspring was restricted in the slave States but that of selling them remained.⁴⁷⁴

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."⁴⁷⁵ 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 men⁴⁷⁶ and overseers.⁴⁷⁷ Goodell reports a well-authenticated account 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."⁴⁷⁸ 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.⁴⁷⁹

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,⁴⁸⁰ 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 slavery period support the contention that race admixture was common.⁴⁸¹

So extensive did it become that the most prominent white men in the country did not escape. Benjamin Franklin seems to have made no secret of his associations with Negro women.⁴⁸² Russell connects many of these cases with the master class in Virginia.⁴⁸³ There are now in Washington Negroes who call themselves the descendants of two Virginians who attained the presidency of the United States.

The abolitionists made positive statements about the mulatto offspring of Thomas Jefferson. Goodell lamented the fact that Jefferson in his will had to entreat the legislature of Virginia to confirm his bequest of freedom to his own reputed enslaved offspring that they might remain in the State of their nativity, where their families and connections were.⁴⁸⁴ Writing in 1845, the editor of the Cleveland American expressed regret that notwithstanding all the services and sacrifices of Jefferson in the establishment of the freedom of this country, his own son then living in Ohio was not allowed to vote or bear witness in a court of justice. The editor of the Ohio Star said: "We are not sure whether this is intended as a statement of actual fact, or of what might possibly and naturally enough be true." The Cincinnati Herald inquired: "Is this a fact? If so, it ought to be known. Perhaps 'the Democracy' might be induced to pass a special act in his favor." The Cleveland American, therefore, added: "We are credibly informed that a natural son of Jefferson by the celebrated 'Black Sal,' a person of no little renown in the politics of 1800 and thereafter, is now living in a central county of Ohio. We shall endeavor to get at the truth of the matter and make public the result of our inquiries."⁴⁸⁵

A later report of miscegenation of this kind was recorded by Jane Grey Swisshelm in her Half a Century, where she states that a daughter of President John Tyler "ran away with the man she loved in order that she might be married, but for this they must reach foreign soil. A young lady of the White House could not marry the man of her choice in the United States. The lovers were captured and she was brought to His Excellency, her father, who sold her to a slave-trader. From that Washington slave-pen she was taken to New Orleans by a man who expected to get twenty-five hundred dollars for her on account of her great beauty.⁴⁸⁶

Carter G. Woodson

GERRIT SMITH'S EFFORT IN BEHALF OF THE NEGROES IN NEW YORK

During the first half of the nineteenth century, the condition of the free Negroes in the Southern States became more and more critical. The doctrine of the rights of man, which had swept over the world in the latter part of the eighteenth century had had its effect on the colonists and resulted in the manumission of many slaves. These freedmen taking advantage of their economic and educational opportunities became an ever increasing menace to the social institutions that had no foundation except that of slavery. Ambitious, often aggressive, they were a constant source of dissatisfaction because of the unhappy comparison of their lot with that of the slaves. They, moreover, encouraged the slaves to improve their condition and to escape to the North. This situation was rendered still more critical for the reason that the South, considering slavery indispensable to its economic life, was already being lashed into a frenzy to gain new slave territory and to strengthen the institution by every possible method of oppression of the blacks. Measures inimical to the economic progress of freedmen were enacted.⁴⁸⁷ Many who had been manumitted were seized and again reduced to slavery. Educational opportunities were restricted or denied. Legally they were without voice and hence could secure no redress when wronged.⁴⁸⁸

This economic poverty, insecurity of personal liberty, and absolutely negative political status, impelled the freedmen to find better conditions in the North. The reaction against plantation life and the glittering attractions of the large city with the prospect of earning money less arduously no doubt account for their influx into the industrial centers.⁴⁸⁹ These free blacks migrated in great numbers especially to New York and Philadelphia. The Colonization Society attempted to solve the problem by effecting the colonization of the free Negroes somewhere either within or without the United States. Many friends of the Negroes and even some of the Negroes themselves thought favorably of the idea and a few small colonies were formed in the Western States and in Liberia.⁴⁹⁰

Among the anti-slavery men who at first saw no fault in the aims of the Colonization Society was Gerrit Smith. The son of a slave owner in the State of New York, he was acquainted with slavery in the milder form in which it existed in the North. It was just two years before his birth that the legislature of New York passed its act of emancipation providing that all children after the year 1799 should be free, the males on reaching the age of twenty-eight years and the female twenty-five. His father, Peter Smith, was a slaveholder and the owner of extensive lands in the counties of northern New York; and even before his death the management of these vast properties devolved upon his son.

He soon became deeply interested in the uplift of the slaves and endeavored to improve their condition by gradual emancipation looking forward to colonization. As early as 1834, his diary shows a growing belief in the universal right to liberty. Years ripened this belief and also developed his anti-land-monopolist principles, both of which reached fruition in his act of 1846, by which he gave away thousands of acres of land. He severed his connection with the Colonization Society when that body overtly declared that it was not a society for the abolition of slavery nor for the improvement of the blacks nor for the suppression of the slave trade, and he threw his energy into the work of abolition as fervently, if not as drastically, as Garrison.⁴⁹¹

Anti-land-monopolist as he was, Gerrit Smith believed that the life of the small free farmer was calculated to develop thrift and self respect in the character of the colored freedmen that he saw crowded in sections of the large cities. For although enjoying greater security of personal liberty, the mass of colored people in New York State had not made much economic progress, even to the extent of possessing property valued at two hundred and fifty dollars, which in that State would have entitled them to the right to vote.⁴⁹² He said that he had for years indulged the thought that when he had sold enough land to pay his debts, he would give away the remainder to the poor. He was an Agrarian, who wanted every man desirous to own a farm to have one. He, therefore, felt that it was safe to make a beginning in the work of distributing land to individuals. He had theretofore given tracts of land to public institutions and a few small parcels to individuals, but had not entered upon the larger task of making large donations of land to the poor.

He then planned to transfer three thousand parcels of land of forty to sixty acres each during the following three years. To whom among the poor he should make these deeds, was a question he could not hastily solve. He was sure, however, that, inasmuch as his home and the land were both in the State of New York, it would be very suitable to select his beneficiaries from among the people of that State. But for a long time, he was at a loss to decide, whether to take his beneficiaries generally from the meritorious poor or only from the deserving Negroes. He said, "I could not put a bounty on color. I shrank from the least appearance of doing so, and if I know my heart, it was equally compassionate toward such white and black men as are equal sufferers."⁴⁹³ In the end, however, he concluded to confine his gifts to Negroes.

He would not have come to this conclusion he said, if the land he had to give away had been several times as much as it was, nor if the Negroes, the poorest of the poor, had not been the most deeply wronged class of the citizens. "That they are so," said he, "is evident, if only from the fact, that the cruel, killing, Heaven-defying prejudice of which they are victims, has closed against them the avenues to riches and respectability—to happiness and usefulness. That they are so, is also evident from the fact, that, whilst white men in this State, however destitute of property, are allowed to vote for Civil Rulers, every colored man in it who does not own landed estate to the value of two-hundred and fifty dollars, is excluded from the exercise of this natural and indispensably protective right."⁴⁹⁴ He confessed that he was influenced by the consideration that there was great encouragement to improve the condition of the Negroes, because every amelioration in it contributed to loosen the bands of the enslaved portion of their outraged and afflicted race.

He, therefore, requested Reverend Theodore S. Wright, Reverend Charles B. Ray, and Dr. J. McCune Smith, three representative Negroes of New York City, to make out a list of the Negroes who should receive from him parcels of land. His only restrictions upon them in making this selection were that they should choose no person younger than twenty-one and no person older than sixty; that they accept no person who was in easy circumstances as to property; and no one who was already the owner of land, and no drunkards.⁴⁹⁵ He further promised to pay all taxes as well as purchase money and interest due to the State of New York hoping that none of the parcels would be sold for the nonpayment of taxes.⁴⁹⁶ The total number of colonists were to be one thousand nine hundred and eighty-five, to be distributed as follows: in the county of Suffolk, 127; Queens, 215; Kings, 197; New York, 861; Richmond, 832; Rockland, 331; Westchester, 115; Dutchess, 150; Sullivan, 5; Ulster, 106; Orange, 136; and Putnam, 10. Although this distribution was suggested the actual grants seem to have been made in the counties of Franklin, Essex, Hamilton, Fulton, Oneida, Delaware, Madison and Ulster.

On September 9, 1846, he wrote again to three gentlemen of color, saying that a thousand of the deeds were already in the hands of the committee for distribution. He had saved them the expense of securing the certificate of the County Clerk by having the acknowledgment of the execution taken by a Supreme Court judge. The only expense left for the beneficiaries to bear was the recording of the deed. The letter closed with a request that the three gentlemen prepare and send out a circular among the persons receiving the deeds, making known to them the conditions and reasons which actuated him in bestowing the land. This was done and the recipients were exhorted to profit by the chance to become land owners and thereby secure their right to vote.

These lands, as Smith realized and admitted, were not all arable but many of them had considerable timber. Such property today would be considered valuable, but in those days of plentitude it passed as undesirable. Some of his enemies accused him of making for himself a reputation for generosity by giving away useless land. There is no evidence, however, that such accusations were made by the Negroes.⁴⁹⁷ But be that as it may, the experiment was a failure. It was not successful because of the intractability of the land, the harshness of the climate, and in a great measure, the inefficiency of the settlers. They had none of the qualities of farmers. Furthermore, having been disabled by infirmities and vices they could not as beneficiaries answer the call of the benefactor. Peterboro, the town opened to Negroes in this section did maintain a school and served as a station of the underground railroad but the agricultural results expected of the enterprise never materialized.⁴⁹⁸ The main trouble in this case was the impossibility of substituting something foreign for individual enterprise.

The failure of the enterprise did not cause this philanthropist to cease his activities in behalf of freedom and justice to the Negroes. He continued a staunch abolitionist, demanding unconditional emancipation of the slaves and leaving undone nothing which might effect this change. He was once intimately associated with John Brown, who at one time left his home and purchased from Smith a farm in the Negro colony in order to live with the blacks and help them to improve their economic condition. Smith lived until 1874, long enough to see the Negroes freed and many of them making elsewhere that economic progress which was the dream of his earlier years.

Zita Dyson