History of the Negro Race in America from 1619 to 1880
Chapter 36 : orders, and that at all times, be ready to show ourselves, "Your Lords.h.i.+ps

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

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

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

So in nine years there had been no Negro slaves imported into the colony; that in 1696 fourteen had been sold to the colonists for between thirty pounds and thirty-five pounds apiece; that this was the only time a vessel direct from the coast of Africa had touched in this colony; that the supply of Negro slaves came from Barbadoes, and that the colonists who would purchase slaves were supplied by the offspring of those already in the plantation; and that the colonists preferred white servants to black slaves. The best that can be said of Gov.

Cranston's letter is, it was very respectful in tone. The following table was one of the enclosures of the letter. It is given in full on account of its general interest:--

"A list of the number of freemen and militia, with the servants, white and black, in the respective towns; as also the number of inhabitants in Her Majesty's colony of Rhode Island, &c., December the 5th, 1708.

+-------------+-------+--------+---------+---------+-----------+ | | | | | | TOTAL | | TOWNS. |FREEMEN|MILITIA.| WHITE | BLACK | NUMBER OF | | | | |SERVANTS.|SERVANTS.|INHABITANTS| +-------------+-------+--------+---------+---------+-----------+ | Newport | 190 | 358 | 20 | 220 | 2,203 | | Providence | 241 | 283 | 6 | 7 | 1,446 | | Portsmouth | 98 | 104 | 8 | 40 | 628 | | Warwick | 80 | 95 | 4 | 10 | 480 | | Westerly | 95 | 100 | 5 | 20 | 570 | | New Sh.o.r.eham| 38 | 47 | -- | 6 | 208 | | Kingstown | 200 | 282 | -- | 85 | 1,200 | | Jamestown | 33 | 28 | 9 | 32 | 206 | | Greenwich | 40 | 65 | 3 | 6 | 240 | +-------------+-------+--------+---------+---------+-----------+ | Total | 1,015 | 1,362 | 56 | 426 | 7,181 | +-------------+-------+--------+---------+---------+-----------+

"It is to be understood that all men within this colony, from the age of sixteen to the age of sixty years, are of the militia, so that all freemen above and under said ages are inclusive in the abovesaid number of the militia.

"As to the increase or decrease of the inhabitants within five years last past, we are not capable to give an exact account, by reason there was no list ever taken before this (the militia excepted), which hath increased since the 14th of February, 1704-5 (at which time a list was returned to your Lords.h.i.+ps), the number of 287.

"SAMUEL CRANSTON, _Governor_.

"NEWPORT, ON RHODE ISLAND, December the 5th, 1708."[459]

The Board of Trade replied to Gov. Cranston, under date of "Whitehall, January 16th, 1709-10.," saying they should be glad to hear from him "in regard to Negroes," etc.[460]

The letter of inquiry from the Board of Trade imparted to slave-dealers an air of importance and respectability. The inst.i.tution was not near so bad as it had been thought to be; the royal family were interested in its growth; it was a gainful enterprise; and, more than all, as a matter touching the conscience, the Bible and universal practice had sanctified the inst.i.tution. To attempt to repeal the Act of 1652 would have been an occasion unwisely furnished for anti-slavery men to use to a good purpose. The bill was a dead letter, and its enemies concluded to let it remain on the statute-book of the colony.

The experiment of levying an impost-tax upon Negro slaves imported into the colony had proved an enriching success. After 1709 the slave-trade became rather brisk. As the population increased, public improvements became necessary,--there were new public buildings in demand, roads to be repaired, bridges to be built, and the poor and afflicted to be provided for. To do all this, taxes had to be levied upon the freeholders. A happy thought struck the leaders of the government. If men _would_ import slaves, and the freemen of the colony _would_ buy them, they should pay a tax as a penalty for their sin.[461] And the people easily accommodated their views to the state of the public treasury.

Attention has been called already to the impost Act of 1708. On the 27th of February, 1712, the General a.s.sembly pa.s.sed "_An Act for preventing clandestine importations and exportations of pa.s.sengers, or negroes, or Indian slaves into or out of this colony_," etc. The Act is quite lengthy. It required masters of vessels to report to the governor the names and number of all pa.s.sengers landed into the colony, and not to carry away any person without a pa.s.s or permission from the governor, upon pain of a fine of fifty pounds current money of New England. Persons desiring to leave the colony had to give public notice for ten days in the most public place in the colony; and it specifies the duties of naval officers, and closes with the following in reference to Negro slaves, calling attention to the impost Act of 1708.--

"It was then and there enacted, that for all negroes imported into this colony, there shall be 3 current money, of New England, paid into the general treasury of this colony for each negro, by the owner or importer of said negro; reference being had unto the said act will more fully appear.

"But were laid under no obligation by the said act, to give an account to the Governor what negroes they did import, whereby the good intentions of said act were wholly frustrated and brought to no effect, and by the clandestinely hiding and conveying said negroes out of the town into the country, where they lie concealed:

"For the prevention of which for the future, it is hereby enacted by the authority aforesaid, that from and after the publication of this act, all masters of vessels that shall come into the harbor of Newport, or into any port of this government, that hath imported any negroes or Indian slaves, shall, before he puts on sh.o.r.e in any port of this government, or in the town of Newport, any negroes or Indian slaves, or suffers any negroes or Indian slaves to be put on sh.o.r.e by any person whatsoever, from on board his said vessel, deliver unto the naval officer in the town of Newport, a fair manifest under his hand, which shall specify the full number of negroes and Indian slaves he hath imported in his said vessel, of what s.e.x, with their names, the names of their owners, or of those they are consigned to; to the truth of which manifest so given in, the said master shall give his corporal oath, or solemn engagement unto the said naval officer, who is hereby empowered to administer the same unto him, which said manifest being duly sworn unto, the said naval officer shall make a fair entry thereof in a book, which shall be prepared for that use, whereunto the said mister shall set his hand....

"And when the said master hath delivered his said manifest and sworn to it, as abovesaid, and before he hath landed on sh.o.r.e, or suffer to be landed, any negroes or Indian slaves as aforesaid, he, the said master, shall pay to the naval officer the sum of 3 current money, of New England, for each negro; and the sum of forty s.h.i.+llings of the like money for each Indian that shall be by him imported into this colony, or that shall be brought into this colony in the vessel whereof he is master.

"But if he hath not ready money to pay down, as aforesaid, he shall then give unto the said naval officer a bill, as the law directs, to pay unto him the full sum above mentioned, for each and every negro and Indian imported as above said, which bill shall run payable in ten days from the entering the manifest as above said; and if at the end of the ten days, the said master shall refuse to pay the full contents of his bill, that then the said naval officer shall deliver the said bill unto the Governor, or in his absence, to the next officer of the peace, as aforesaid who shall immediately proceed with the said master in the manner above said, by committing of him to Her Majesty's jail, where he shall remain without bail or mainprize, until he hath paid unto the naval officer, for the use of this colony, double the sum specified in his said bill, and all charges that shall accrue thereby; which money shall be paid out by the said naval officer, as the General a.s.sembly of this colony shall order the same.

"And it is further enacted, that the naval officer who now is, and who ever shall be for the future put into said office, shall at his entering into the said office, take his engagement to the faithful performance of the above said acts. And for his encouragement, shall have such fees as are hereafter mentioned at the end of this act.

"And for the more effectual putting in execution those acts, and that none may plead ignorance:

"It is enacted by the authority aforesaid, that all masters of vessels trading to this government, shall give bond, with sufficient surety in the naval office, for the sum of 50, current money of New England."[462]

We have omitted a large portion of the bill, because of its length; but have quoted sufficient to give an excellent idea of the marvellous caution taken by the good Christians of Rhode Island to get every cent due them on account of the slave trade, which their prohibition did not prohibit. It was a carefully drawn bill for those days.

The diligence of the public officers in the seaport town of Newport was richly rewarded. The slave-trade now had the sanction and regulation of colonial law. The demand for Negro laborers was not affected in the least, while traders did not turn aside on account of three pounds per head tax upon every slave sold into Rhode Island. On the 5th of July, 1715, the General a.s.sembly appropriated a portion of the fund derived from the impost-tax on imported Negroes to repairing the streets; and then strengthened and amplified the original law on impost-duties, etc. The following is the Act:--

"This a.s.sembly, taking into consideration that Newport is the metropolitan town in this colony, and that all the courts of judicature within this colony are held there; and also, that it is the chief market town in the government; and that it hath very miry streets, especially that leading from the ferry, or landing place, up to the colony house, so that the members of the courts are very much discommoded therewith, and is a great hindrance to the transporting of provisions, &c., in and out of the said towns, to the great loss of the inhabitants thereof:--

"Therefore, be it enacted by this present a.s.sembly, and by the authority thereof it is enacted, that the sum of 289 17s. 3d., now lying in the naval officer's hand, (being duties paid to this colony for importing of slaves), shall be, and is hereby granted to the town of Newport, towards paving the streets of Newport, from the ferry place, up to the colony house, in said Newport; to be improved by their directors, such as they shall, at their quarter meetings appoint for the same.

"And whereas, there was an act of a.s.sembly, made at Newport in the year 1701-2, for the better preventing of fraud, and cozen, in paying the duties for importing of negro and Indian slaves into this colony, and the same being found in some clauses deficient, for the effecting of the full intent and purpose thereof:--

"Therefore, it is hereby enacted by the authority aforesaid, that every master of s.h.i.+p, or vessel, merchant or other person or persons, importing or bringing into this colony any negro slave or slaves of what age soever, shall enter their number, names, and s.e.x in the naval office; and the master shall insert the same in the manifest of his lading, and shall pay to the naval officer in Newport, 3 per head, for the use of this colony, for every negro, male or female, so imported, or brought in. And every such master, merchant, or other person, refusing or neglecting to pay the said duty within ten days after they are brought ash.o.r.e in said colony, then the said naval officer, on knowledge thereof, shall enter an action and sue [for] the recovery of the same, against him or them, in an action of debt, in any of His Majesty's courts of record, within this colony.

"And if any master of s.h.i.+p or vessel, merchant or others, shall refuse or neglect to make entry, as aforesaid, of all negroes imported in such s.h.i.+p or vessel, or be convicted of not entering the full number, such master, merchant, or other person, shall forfeit and pay the sum of 6, for every one that he shall refuse or neglect to make entry, of one moiety thereof to His Majesty, for and towards the support of the government of this colony; and the other moiety to him or them that shall inform or sue for the same; to be recovered by the naval officer in manner as above said.

"And also, all persons that shall bring any negro or negroes into this colony, from any of His Majesty's provinces adjoining, shall in like manner enter the number, names and s.e.x, of all such negroes, in the above said office, under the penalty of the like forfeiture, as above said, and to be recovered in like manner by the naval officer, and shall pay into the said office within the time above limited, the like sum of 3 per head; and for default of payment, the same to be recovered by the naval officer in like manner as aforesaid.

"Provided always, that if any gentleman, who is not a resident in this colony, and shall pa.s.s through any part thereof, with a waiting man or men with him, and doth not reside in this colony six months, then such waiting men shall be free from the above said duty; the said gentleman giving his solemn engagement, that they are not for sale; any act or acts, clause or clauses of acts, to the contrary hereof, in any ways, notwithstanding.

"Provided, that none of the clauses in the aforesaid act, shall extend to any masters or vessels, who import negroes into this colony, directly from the coast of Africa.

"And it is further enacted by the authority aforesaid, that the money raised by the impost of negroes, as aforesaid, shall be disposed of as followeth, viz.:

"The one moiety of the said impost money to be for the use of the town of Newport, to be disposed of by the said town towards paving the streets of said town, and for no other use whatsoever, for and during the full time of seven years from the publication of this act, and that 60 of said impost money be for, and towards the erecting of a substantial bridge over Potowomut river, at or near the house of Ezekiel Hunt, in East Greenwich, and to no other use whatsoever.

"And that Major Thomas Frye and Capt. John Eldredge be the persons appointed to order and oversee the building of said bridge, and to render an account thereof, to the a.s.sembly, and the said Major Frye and Capt. Eldredge to be paid for their trouble and pains, out of the remaining part of said impost money, and the remainder of said impost money to be disposed of as the a.s.sembly shall from time to time see fit."[463]

And in October, 1717, the following order pa.s.sed the a.s.sembly:--

"It is ordered by this a.s.sembly, that the naval officer pay out of the impost money on slaves, 100, to the overseer that oversees the paving of the streets of Newport, to be improved for paying the charges of paving said streets."[464]

The fund accruing from the impost-duty on slaves was regarded with great favor everywhere, especially in Newport. It had cleaned her streets and lightened the burdens of taxation which rested so grievously upon the freeholders. There was no voice lifted against the iniquitous traffic, and the conscience of the colony was at rest. In June, 1729, the following Act was pa.s.sed:--

"An Act disposing of the money raised in this colony on importing negro slaves into this colony.

"Forasmuch as there is an act of a.s.sembly made in this colony the 27th day of February, A.D. 1711, laying a duty of 3 per head on all slaves imported into this colony, as is in said act is expressed; and several things of a public nature requiring a fund to be set apart for carrying them on:--

"Be it therefore enacted by the General a.s.sembly, and by the authority of the same it is enacted and declared, that henceforward all monies that shall be raised in this colony by the aforesaid account, on any slaves imported into this colony, shall be employed, the one moiety thereof for the use of the town of Newport, towards paving and amending the streets thereof, and the other moiety, for, and towards the support, repairing and mending the great bridges on the main, in the country roads, and for no other use whatsoever; any thing in the aforesaid act to the contrary, in anywise notwithstanding."[465]

It is wonderful how potential the influence of money is upon mankind.

The sentiments of the good people had been scattered to the winds; and they had found a panacea for the violated convictions of the wrong of slavery in the reduction of their taxes, new bridges, and cleansed streets. Conscience had been bribed into acquiescence, and the iniquity thrived. There were those who still endeavored to escape the vigilance of the naval officers, and save the three pounds on each slave. But the diligence and liberality of the authorities were not to be outdone by the skulking stinginess of Negro-smugglers. On the 18th of June, 1723, the General a.s.sembly pa.s.sed the following order:--

"Voted, that Mr. Daniel Updike, the attorney general, be, and he hereby is ordered, appointed and empowered to gather in the money due to this colony, for the importation of negroes, and to prosecute, sue and implead such person or persons as shall refuse to pay the same; and that he be allowed five s.h.i.+llings per head, for every slave that shall be hereafter imported into this colony, out of the impost money; and that he be also allowed ten per cent. more for all such money as he shall recover of the outstanding debts; and in all respects to have the like power as was given to the naval officer by the former act."[466]

The above ill.u.s.trates the spirit of the times. There was a mania for this impost-tax upon stolen Negroes, and the law was to be enforced against all who sought to evade its requirements. But the a.s.sembly had a delicate sense of equity, as well as an inexorable opinion of the precise demands of the law in its letter and spirit. On the 19th of June, 1716, the following was pa.s.sed:--

"It is ordered by this a.s.sembly, that the duty of two sucking slaves imported into this colony by Col. James Vaughan, of Barbadoes, be remitted to the said James Vaughan."[467]

It was not below the dignity of the Legislature of the colony of Rhode Island to pa.s.s a bill of relief for Col. Vaughan, and refund to him the six pounds he had paid to land his two sucking Negro baby slaves!

In June, 1731, the naval officer, James Cranston, called the attention of the a.s.sembly to the case of one Mr. Royall,--who had imported forty-five Negroes into the colony, and after a short time sold sixteen of them into the Province of Ma.s.sachusetts Bay, where there was also an impost-tax,--and asked directions. The a.s.sembly replied as follows:--

"Upon consideration whereof, it is voted and ordered, that the duty to this colony of the said sixteen negroes transported into the Ma.s.sachusetts Bay, as aforesaid, be taken off and remitted; but that he collect the duty of the other twenty-nine."[468]

But the zeal of the colony in seeking the enforcement of the impost-law created a strong influence against it from without; and by order of the king the entire law was repealed in May, 1732.[469]