servant, was to be completely changed after a period of thirty-eight years by the coming of the English. The Dutch were replaced in 1664 by the English who gave the institution a definite legal status."

The English were accustomed to profit by the labor of slaves and looked upon them with favor only so long as they were mild, submissive, and industrious. But the Dutch had proved poor masters as they allowed the slaves too much freedom to make them desirable chattel for the English who soon realized that the privileges they were allowed to enjoy would render them valueless. To better regulate the conduct of the slave class, the following proclamation was issued on the 22nd of March in 1680:

"Whereas, several inhabitants within this city have and do dayly harbour, entertain and countenance Indian and neger slaves in their houses, and to them sell and deliver wine, rum and other strong liqors, for which they receive money or goods which by the said Indian and negro slaves is pilfered, purloyned, and stolen from their several masters, by which the publick peace is broken, and the damage of the master is produced, etc., therefore they are prohibited, etc., and if neger or Indian slave make application for these forbidden articles, immediate information is to be given to his master or to the mayor or oldest alderman.' This regualtion failed to accomplish the desired results and is important in that it marked the first of a series of laws that grew in severity as they became more numerous.

9780

As the English grew more bitter and exacting the slave in turn grew more dissatisfied and sullen. Kindness to the slave class was discouraged in those few who still saw in the bondman the likeness of God, for just two months after the issuance of the proclamation stated above a "Bill was found by the grand jury of Albany, against Mees Hoogeboom for interring his negro in a private and suspicious manner. So it was that the simple act of burial was declared a violation of the peace and Mr. Hoogeboom was fined."

That the clause entitled "Bondslavery" in the Duke's Laws was rendered ineffective can be seen from a subsequent act which recites "that the baptizing of a Negro, Indian, Mulatto slave shall not be any cause or reason for the setting them or any of them at liberty. And be it enacted, etc., that all and every Negro, Indian, Mulatto and Mestee bastard child or children shall

follow the state and condition of the mother and be esteemed, reputed, taken, and adjudged a slave and slaves to all intents and purposes whatsoever. Provided always, etc., That no slave whatsoever in this colony shall at any time be admitted as a witness for or against any freeman in any case, matter or cause, civil or criminal, whatsoever. Taken from Bradford's Laws, p. 81.

80 History of New York, Wm. Dunlap, Vol. II.; Appendix, p. cxxviii, N. Y. 1839.

81 English MSS., Vol. XXXII, p. 71; also Calendar of Historical MSS., part II, p. 135.

It was a law that a slave must be buried by daylight, without pallbearers. and with not more than a dozen Negroes present as mourners.

The slightest misdemeanor on the part of a slave was the signal for his arrest and confinement in jail. And, if he should be so fortunate as to escape from his confinement and subsequently so unfortunate as to be recaptured he paid for his luckless venture by being "Tyed to a Cort's Arse and to Receive tenn Lashes or strips on the Bare back att Each Corner Round the Citty And to be Branded in the forehead with the Letter R.'

1782

In fact the inhuman treatment the slaves received at the hands of their masters was brought to the attention of the Lords of Trade in England who instructed Governor Dongan on the 29th of May 1686 to "pass a Law for the Restraining of Inhuman Severitys which by all masters or overseers may be used toward their Christian servants or Slaves, wherein provision is to be made that ye wilful killing of Indians and Negroes may be punished with death, and that a fit penalty be imposed for the maiming of them." No record is had that the instructions to Governor Dongan became law; in all probability the governor failed to exert his influence to secure the passage of such a bill, or the assembly refused to support the measure when presented. Be that as it may, two years later the Lords of Trade issued the same instructions to Governor Andros, who succeeded Governor Dongan." Yet shameful as it must seem, it is nevertheless true, that the worthy attempts of the Lords of Trade to mitigate the slaves' condition were of no avail.

When the slave failed to secure legal protection, he often attempted to free himself by flight from the hard usage he received. As has been noted, Canada offered liberty to those who were successful in effecting their escape. In fact so attractive had the woods of Canada become to the slaves of Albany that in 1705 an Act was passed to prevent Negro slaves from running away to the French."

The humane features of the system of slavery under the Dutch had softened the institution by a tendency to manumit faithful slaves and by allowing the bondman an opportunity to acquire an "interest in the soil." By 1709 the English had stripped all of these humane features from the institution and had added one harsh regulation. after another, until accounts of their cruel treatment reached the ears

82 Collection of the New York Historical Society for the year 1912, p. 34. 83 Documents Relative to the Colonial History of New York, Vol. III, p. 374. 84 P. 547, Ibid.

85 Documents Relative to the Colonial History of New York, p. 1168, Vol. IV. On the 24th of October, 1709, Queen Ann signified "her disallowance and disapprobation" of this act "by reason the Punishment to be inflicted on Negroes, etc., is such as never was allowed by or known in the Laws of this Kingdom."

Lords of Trade to Governor Hunter, p. 157, Vol. V.

86

of Queen Ann who immediately protested against it. The protests of the Queen, like the instructions to the previous Governors, were little heeded by the colonist and in 1712 some of the slaves were moved. to violence as a protest against their treatment." The English were surprised at the manner in which the slaves had manifested their resentment and were of the impression that the adoption of more rigid laws would render the slave unable to strike back. With this idea in mind acts were passed during the third session of the Fifth Assembly to better regulate the conduct of the slaves."

88

That the tendency to reward faithful slaves by granting them their freedom was no longer encouraged can be seen by the following statutes:

"Be it further enacted, That no Negro, Indian, or Mulatto, that shall hereafter be made Free, shall enjoy, hold, or possess any Houses, Lands, Tenements, or Hereditaments within this Colony, but the same shall escheat to her Majesty, her Heirs and Successors.

. Be it further enacted that any Master or Mistress setting at Liberty any Negro, Indian or Mulatto Slave, shall enter into sufficient Security unto her Majesty, her Heirs and Successors, with two Sureties, not less than the Sum of two hundred pounds, to pay yearly and every year to such Negro, Indian or Mulatto Slave during their Lives, the Sum of twenty pounds lawful Money of this Colony, And if such Negro, Indian or Mulatto Slave shall be made Free by the will or Testament of any Person deceased, that then the Executors of such Person shall enter into the Security, as above, immediately upon prov

88 Ibid.

For a picture of the slave market at the foot of Wall Street in 1709 see Booth, Vol. I, p. 27, and Hurd's Bondage and Freedom, Vol. I, p. 281. 87 See Attempts at Freedom.

88 Bradford's Laws of New York, 1691 to 1724, pp. 40, 45, 46, 60, 61, 64, 65, 76, 81, 82, 83, 84, 91, 95, 135, 187, 286.

A penalty for trading with slaves; 2. The right of the owner of slaves to punish them; 3. That not over three slaves were to meet together; 4. The appointing of a common whipper for those masters who might not care to punish their slaves; 5. A slave not allowed to strike a Christian; 6. Penalty for concealing of slaves; 7. Penalty for Master or Mistress not bringing their Negroes to condign punishment; 8. Penalty for not discovering slaves so entertained; 9. Penalty on free Negroes for entertaining slaves; 10., Negroes not to hold Lands; 11. Penalty on Negroes for murder; burning of house, barn, etc.; 12. How Negro slaves shall be tried; 13. Negro Slaves may have a jury; 14. Slaves not to carry guns; 15. Penalty on magistrates for neglect of their duty; the Expense of prosecuting slaves to be defrayed by each county; how that charge was to be defrayed in the city of New York; 17. Slaves not to give evidence against whites; 18. Slaves not to travel; 19. Not to possess land, not to buy strong liquiors; 20. To prevent running away; 21. To be appraised, how; 22. To prevent Conspiracy; 23. How to be punished when they steal; 24. Their crimes not to be forgiven; 25. The evidence of Negroes allowed against each other; 26. How the expenses of their execution were to be defrayed; 27. How they might be set free; 28. Duty on imported Negroes; 29. Slaves not to be made free by baptizing; 30. Nonresidents to givesecurity.

ing the said Will or Testament, which if refused to be given, the said Manumission to be void and of none effect.

9780

Governor Hunter clearly set out the disposition of the colonists in a letter to the Lords of Trade on March 14, 1713, when he stated that the Negro Act was "much mitigated in its severities by the council's amendments" though "your Lordships will think it too severe, but after the late barbarous attempt of some of the slaves nothing less could please the people.' From year to year sections of the "Negro Act" of 1712 were reenacted and frequently additional restrictive statutes were added. In 1724 an act was passed by the General Assembly for "Settling and Regulating the Militia" which concluded with the provision that nothing contained within the Act "shall be construed or taken to allow any Indian or Negro Slave to be listed, or do any Duty belonging to the Militia in this Province unless it be to be Drummers, Trumpeters or Pioneers."" On December 21, 1730, Governor Montgomerie in a letter to the Lords of Trade stated that "because some doubts have arizen, upon the construing some of those Acts" concerning Negroes, "it was thought necessary to repeal all those heretofore made, and substitute "in their place a new act just passed which would remove further doubts and encourage the Magistrates to exert themselves when occasion requires.'" Governor Montgomerie's simple statement to the Lords of Trade referred to a series of the most severe and inhuman enactment that the human mind could devise.93

So This clause is altered by an act passed in the fifth year of the reign of King George. Bradford's Laws of New York, 1691 to 1724; p. 83.

York.

93

Vol. V, pp. 356, 357, Documents Relative to the Colonial History of New

1 Bradford's Laws of New York, p. 286.

92 Vol. V, p. 905, Documents Relative to the Colonial History of New York. The laws mentioned were entitled, "An act for the more effectual preventing and punishing the Conspiracy and Insurrection of Negroes and other slaves; for the better regulating them, and for repealing the Acts therein mentioned, relating thereto," and were passed on the 29th of October, 1730. The preamble states that the necessity for such legislation was because "Many Mischiefs have been occasioned by too great Liberty allowed to Negro and other Slaves, and that some of the Acts relating thereto are expiréd, and others not fully answering the good Purposes thereby intended." Section I enacted that "Any person who would trade with a slave without the consent of his or her master or mistress did so on pain of forfeiting treble the Value of the Thing or Things traded for, and also the Sum of Five Pounds . to the master or mistress of such slave or slaves." Section II enacted that, Any person selling Rum or other strong drink to Negro or Indian slaves" were to be fined "the sum of Forty shillings for every such Offense." Section III enacted that, "Hereafter it shall be enacted lawful for any master or mistress to punish his, her, or their slave or slaves, for their Crimes and Offences, at Discretion, not extending to Life or Limb. Section IV enacted that "it shall not hereafter be lawful for above three slaves to meet together at any Time, nor at any other Place, than when it shall happen they meet in some servile Employment, for their Masters or Mistresses Profit and with their consent, upon Penalty of being whipt

upon the Naked Back, at the Discretion of any one justice of the Peace, not exceeding forty lashes for each offence.

Section V enacted that each town and manor could appoint a common whipper for their slaves, who was to be paid "by the Master or Mistress of Slaves, not exceeding the Sum of Three shillings per Head, for all such Slaves as shall be whipt." It was further enacted that "in Case any slaves shall presume to assault or strike any Christian or Jew, it shall be in the Power of any two Justices of the Peace to commit such Slave or Slaves to Prison, not exceeding fourteen Days for one act and to inflict such other corporal Punishment, not extending to Life or Limb, upon him, her, or them, so offending, as to the said Justices shall seem meet and reasonable."

Section VI enacted that any person or persons who "do hereafter employ,. harbour, conceal or entertain other men's Slave or Slaves, at their house, without the Consent of his or her or their Master or Mistress' would be fined "five Pounds for every twenty so concealed or entertained."

Section VII enacted that a penalty should be imposed upon any "Master who should forgive, make up, compound, compromise, or receive or take any other or less Consideration than is by this Act prescribed, shall forfeit double the Sum the said Person or Persons so entertaining ought to have forfeited.''

Section VIII enacted that a fine of forty shillings be imposed on such person or persons "knowing of such Entertainers of Slave or Slaves, and does not discover the said Slaves or Slave. .

Section XI enacted that since "Slaves are the Property of Christians or Jews and cannot, without great Loss or Detriment to their Masters or Mistresses,. be subjected in all Cases Criminal, to the strict Rules of the Laws of England," that the owners of slaves should make good the trespasses their slaves commit.

Section XII enacted that hereafter no Slave or Slaves shall be allowed as. Evidence or Evidences, in any Matter, Cause, or Thing whatsoever excepting in Cases of Plotting as Confederacy among themselves, either to run away, kill or destroy their Master, Mistress, or any other Person; or burning of Houses, Barns,. Barracks, or Stacks of Hay, or of Corn; or the killing of their Master or Mistresses Cattle or Horses; and that only against one another; in which Cases the Evidence of one Slave shall be allowed good against another Slave."

Section XII enacted that all slaves who should murder or otherwise kill, unless by Misadventure, or in the Execution of Justice, or conspire or attempt the Death of any of his Majesty's liege People, not being slaves; or shall attempt or commit any Rape, on any of the said subjects, not being Slaves, as aforesaid; or shall willfully murder any Negro, Indian, or Mulatto Slave, within this Colony; and shall therefore be convicted before three or more of his Majesty's Justices. of Peace, for the County where such Fract shall be committed, one whereof to be of the Quorum, who are hereby authorized to hear and determine the same, in Conjunction with Five of the Principal Freeholders of the County, without a Grand Jury, seven of whom agreeing shall put their Judgement in Execution,. according to this Act; or before any Court of Oyer and Terminer, or general Goal-Delivery; he, she, or they so offending shall suffer the Pains of Death, in such Manner and with such Circumstances, as the Aggravation or Enormity of their . . shall Crimes in the Judgement of the Justices of those Courts aforesaid merit and require.

It was further enacted that the master or mistress who desired to have his. or her slave tried by a jury of twelve (white) men could do so, providing he or ! she would agree to bear the expenses.

Section XX provided that it should not be lawful for any Slave or Slaves, to have or use any Gun, Pistol, Sword, Club, or any other Kind of Weapon whatsoever, but in the Presence or by the Direction of his, her, or their Master or Mistress, and in their own Ground, on Penalty of being whipt for the same, at the Discretion of the Justice of the Peace, before whom such Complaint shall come, or upon the View of the said Justice, not exceeding twenty lashes on the bare back, for every such Offence."

Section XXI imposed a penalty on officers that should neglect their duty.
Section XXII repealed all past Negro acts.

New York Laws of the Province from the year 1691 to 1751, inclusive, pp. 69, 72, 185, 193, 194, 195, 196, 197, 198, 199.