Volume I Part 38 (1/2)
[466] Ibid., p. 330.
[467] Ibid., vol. iv. p. 209.
[468] R.I. Col. Recs., vol. iv. p. 454.
[469] Ibid., vol. iv. p. 471.
[470] Ibid., vol. iv. pp. 415, 416.
[471] R.I. Col. Recs., vol. v. pp. 72, 73.
[472] R.I. Col. Recs., vol vi. pp. 64, 65.
[473] R.I. Col. Recs., vol. vii. pp. 251, 252.
[474] American Annals, vol ii. pp. 107,155, 156, 184, and 265.
CHAPTER XX.
THE COLONY OF NEW JERSEY.
1664-1775.
NEW JERSEY Pa.s.sES INTO THE HANDS OF THE ENGLISH.--POLITICAL POWERS CONVEYED TO BERKELEY AND CARTERET.--LEGISLATION ON THE SUBJECT OF SLAVERY DURING THE EIGHTEENTH CENTURY.--THE COLONY DIVIDED INTO EAST AND WEST JERSEY--SEPARATE GOVERNMENTS.--AN ACT CONCERNING SLAVERY BY THE LEGISLATURE OF EAST JERSEY.--GENERAL APPREHENSION RESPECTING THE RISING OF NEGRO AND INDIAN SLAVES.--EAST AND WEST JERSEY SURRENDER THEIR RIGHTS OF GOVERNMENT TO THE QUEEN.--AN ACT FOR REGULATING THE CONDUCT OF SLAVES.--IMPOST-TAX OF TEN POUNDS LEVIED UPON EACH NEGRO IMPORTED INTO THE COLONY.--THE GENERAL COURT Pa.s.sES A LAW RECREATING THE TRIAL OF SLAVES.--NEGROES RULED OUT OF THE MILITIA ESTABLISHMENT UPON CONDITION.--POPULATION OF THE JERSEYS IN 1738 AND 1745.
The colony of New Jersey pa.s.sed into the control of the English in 1664; and the first grant of political powers, upon which the government was erected, was conveyed by the Duke of York to Berkeley and Carteret during the same year. In the ”Proprietary Articles of Concession,” the words _servants, slaves, and Christian servants_ occur. It was the intention of the colonists to draw a distinction between ”_servants for a term of years_,” and ”_servants for life_,”
between white servants and black slaves, between Christians and pagans.
When slavery was introduced into Jersey is not known.[475] There is no doubt but that it made its appearance there almost as early as in New Netherlands. The Dutch, the Quakers, and the English held slaves. But the system was milder here than in any of the other colonies. The Negroes were scattered among the families of the whites, and were treated with great humanity. Legislation on the subject of slavery did not begin until the middle of the eighteenth century, and it was not severe. Before this time, say three-quarters of a century, a few Acts had been pa.s.sed calculated to protect the slave element from the sin of intoxication. In 1675 an Act pa.s.sed, imposing fines and punishments upon any white person who should transport, harbor, or entertain ”apprentices, servants, or slaves.” It was perfectly natural that the Negroes should be of a nomadic disposition. They had no homes, no wives, no children,--nothing to attach them to a locality. Those who resided near the seacoast watched, with unflagging interest, the coming and going of the mysterious white-winged vessels. They hung upon the storied lips of every fugitive, and dreamed of lands afar where they might find that liberty for which their souls thirsted as the hart for the water-brook. Far from their native country, without the blessings of the Church, or the warmth of substantial friends.h.i.+p, they fell into a listless condition, a somnolence that led them to stagger against some of the regulations of the Province. Their wandering was not inspired by any subjective, inherent, generic evil: it was but the tossing of a weary, distressed mind under the dreadful influences of a hateful dream. And what little there is in the early records of the colony of New Jersey is at once a compliment to the humanity of the master, and the docility of the slave.
In 1676 the colony was divided into East and West Jersey, with separate governments. The laws of East Jersey, promulgated in 1682, contained laws prohibiting the entertaining of fugitive servants, or trading with Negroes. The law respecting fugitive servants was intended to destroy the hopes of runaways in the entertainment they so frequently obtained at the hands of benevolent Quakers and other enemies of ”indenture” and slavery. The law-makers acted upon the presumption, that as the Negro had no property, did not own himself, he could not sell any article of his own. All slaves who attempted to dispose of any article were regarded with suspicion. The law made it a misdemeanor for a free person to purchase any thing from a slave, and hence cut off a source of revenue to the more industrious slaves, who by their frugality often prepared something for sale.
In 1694 ”_an Act concerning slaves_” was pa.s.sed by the Legislature of East Jersey. It provided, among other things, for the trial of ”_negroes and other slaves, for felonies punishable with death, by a jury of twelve persons before three justices of the peace; for theft, before two justices; the punishment by whipping_.” Here was the grandest evidence of the high character of the white population in East Jersey. In every other colony in North America the Negro was denied the right of ”trial by jury,” so sacred to Englishmen. In Virginia, Maryland, Ma.s.sachusetts, Connecticut,--in all the colonies,--the Negro went into court convicted, went out convicted, and was executed, upon the frailest evidence imaginable. But here in Jersey the only example of justice was shown toward the Negro in North America. ”Trial by jury” implied the right to be sworn, and give competent testimony. A Negro slave, when on trial for his life, was accorded the privilege of being tried by twelve honest white colonists before _three_ justices of the peace. This was in striking contrast with the conduct of the colony of New York, where Negroes were arrested upon the incoherent accusations of dissolute whites and terrified blacks. It gave the Negroes a new and an anomalous position in the New World. It banished the cruel theory of Virginia, New York, and Connecticut, that the Negro was a pagan, and therefore should not be sworn in courts of justice, and threw open a wide door for his entrance into a more hopeful state than he had, up to that time, dared to antic.i.p.ate. It allowed him to infer that his life was a little more than that of the brute that perisheth; that he could not be dragged by malice through the forms of a trial, without jury, witness, counsel, or friend, to an ignominious death, that was to be regretted only by his master, and his regrets to be solaced by the Legislature paying ”the price;” that the law regarded him as a man, whose life was too dear to be committed to the disposition of irascible men, whose prejudices could be mollified only in extreme cruelty or cold-blooded murder. It had much to do toward elevating the character of the Negro in New Jersey. It first fired his heart with the n.o.ble impulse of grat.i.tude, and then led him to _hope_. And how much that little word means! It causes the soul to spread its white pinions to every favoring breeze, and hasten on to a propitious future. And then the fact that Negroes had rights acknowledged by the statutes, and respectfully accorded them by the courts, had its due influence upon the white colonists. The men, or cla.s.s of men, who have rights not challenged, command the respect of others. The fact clothes them with dignity as with a garment. And then, by the inevitable logic of the position of the courts of East Jersey, the colonists were led to the conclusion that the Negroes among them had other rights. And, as it has been said already, they received better treatment here than in any other colony in the country.
In West Jersey happily the word ”slave” was omitted from the laws.
Only servants and runaway servants were mentioned, and the selling of rum to Negroes and Indians was strictly forbidden.
The fear of insurrection among Indians and Negroes was general throughout all of the colonies. One a savage, and the other untutored, they knew but two manifestations,--grat.i.tude and revenge. It was deemed a wise precaution to keep these unfortunate people as far removed from the exciting influences of rum as possible. Chapter twenty-three of a law pa.s.sed in West Jersey in 1676, providing for publicity in judicial proceedings, concludes as follows:--
”That all and every person and persons inhabiting the said province, shall, as far as in us lies, be free from oppression and slavery.”[476]
In 1702 the proprietors of East and West Jersey surrendered their rights of government to the queen. The Province was immediately placed with New York, and the government committed to the hands of Lord Cornbury.[477] In 1704 ”_An Act for regulating negroe, Indian and mulatto slaves within the province of New Jersey_,” was introduced, but was tabled and disallowed. The Negroes had just cause for the fears they entertained as to legislation directed at the few rights they had enjoyed under the Jersey government. Their fellow-servants over in New York had suffered under severe laws, and at that time had no privilege in which they could rejoice. In 1713 the following law was pa.s.sed:--
”_An act for regulating slaves._ (1 Nev. L., c. 10.) Sect.
1. Against trading with slaves. 2. For arrest of slaves being without pa.s.s. 3. Negro belonging to another province, not having license, to be whipped and committed to jail. 4.