Part 5 (1/2)
_An Act directing the Emanc.i.p.ation of certain Slaves who had served as Soldiers in this State, and for the Emanc.i.p.ation of the Slave, Aberdeen._
”I. Whereas, it hath been represented to the present General a.s.sembly, that, during the course of the war, many persons in this State had caused their slaves to enlist in certain regiments or corps, raised within the same, having tendered such slaves to the officers appointed to recruit forces within the State, as subst.i.tutes for free persons whose lot or duty it was to serve in such regiments or corps, at the same time representing to such recruiting officers that the slaves, so enlisted by their direction and concurrence, were freemen; and it appearing further to this a.s.sembly, that on the expiration of the term of enlistment of such slaves, that the former owners have attempted again to force them to return to a state of servitude, contrary to the principles of justice, and to their own solemn promise;
”II. And whereas it appears just and reasonable that all persons enlisted as aforesaid, who have faithfully served agreeable to the terms of their enlistment, and have hereby of course contributed towards the establishment of American liberty and independence, should enjoy the blessings of freedom as a reward for their toils and labors.
”_Be it therefore enacted_, That each and every slave, who, by the appointment and direction of his owner, hath enlisted in any regiment or corps raised within this State, either on Continental or State establishment, and hath been received as a subst.i.tute for any free person whose duty or lot it was to serve in such regiment or corps, and hath served faithfully during the term of such enlistment, or hath been discharged from such service by some officer duly authorized to grant such discharge, shall, from and after the pa.s.sing of this act, be fully and completely emanc.i.p.ated, and shall be held and deemed free, in as full and ample a manner as if each and every one of them were specially named in this act; and the Attorney-general for the Commonwealth is hereby required to bring an action, _in forma pauperis_, in behalf of any of the persons above described who shall, after the pa.s.sage of this act, be detained in servitude by any person whatsoever; and if, upon such prosecution, it shall appear that the pauper is ent.i.tled to his freedom in consequence of this act, a jury shall be empaneled to a.s.sess the damages for his detention.
”III. And whereas it has been represented to this General a.s.sembly, that Aberdeen, a negro man slave, hath labored a number of years in the public service at the lead mines, and for his meritorious services is ent.i.tled to freedom;
”_Be it therefore enacted_, That the said slave Aberdeen, shall be, and he is hereby, emanc.i.p.ated and declared free in as full and ample a manner as if he had been born free.”
In 1786 an act was pa.s.sed to emanc.i.p.ate a negro slave who had acted as a spy for Lafayette. This practice was not perhaps wholly confined to the South. Although Ma.s.sachusetts abolished slavery in 1783, her territory was, it seems, still subject to slave hunts, and her negro soldiers to the insult of an attempt to re-enslave them. But Gen. Was.h.i.+ngton, though himself a slave-holder, regarded the rights of those who fought for liberty and national independence, with too much sacredness and the honor of the country with too much esteem, to permit them to be set aside, merely to accommodate those who had rendered the nation's cause no help or a.s.sistance. Gen. Putnam received the following letter, which needs no explanation:
”HEADQUARTERS, Feb. 2, 1783.
”SIR:--Mr. Hobby having claimed as his property a negro man now serving in the Ma.s.sachusetts Regiment, you will please to order a court of inquiry, consisting of five as respectable officers as can be found in your brigade, to examine the validity of the claim and the manner in which the person in question came into service. Having inquired into the matter, with all the attending circ.u.mstances, they will report to you their opinion thereon; which you will report to me as soon as conveniently may be.
”I am, Sir, with great respect, your most obedient servant,
”GEORGE WAs.h.i.+NGTON.
”P. S.--All concerned should be notified to attend.
”Brig.-Gen. Putnam.”
Not only did some of the negro soldiers who fought in the American Army receive unjust treatment at the close of the war, but those who served under the Royal standard, also shared a fate quite different from what they supposed it would be when the proclamations of Lord Dunmore, Clinton and Cornwallis, were inviting them to cast their lot with the British.
The high character of Thomas Jefferson induces me to reproduce his letter to Dr. Gordon, or rather that portion of it which refers to the treatment of the negroes who went with the British army. Mr. Jefferson says:
”From an estimate I made at that time, on the best information I could collect, I supposed the State of Virginia lost, under Lord Cornwallis' hand, that year, about thirty thousand slaves; and that, of these, twenty-seven thousand died of the small-pox and camp fever; the rest were partly sent to the West Indies, and exchanged for rum, sugar, coffee and fruit; and partly sent to New York, from whence they went, at the peace, either to Nova Scotia or to England. From this last place, I believe they have lately been sent to Africa. History will never relate the horrors committed by the British army in the Southern States of America.”
The heroism of the negro soldier has ever been eulogized by the true statesmen of our country, whenever the question of the American patriots was the theme. And I find no better eulogy to p.r.o.nounce upon them than that Hon. Charles Pinckney, of South Carolina, delivered in the United States House of Representatives in 1820, and that of Hon. Wm.
Eustis, of Ma.s.sachusetts, during the same debate. Mr. Pinckney said:
”It is a remarkable fact, that notwithstanding, in the course of the Revolution, the Southern States were continually overrun by the British, and that every negro in them had an opportunity of leaving their owners, few did; proving thereby not only a most remarkable attachment to their owners, but the mildness of the treatment, from whence their affection sprang. They then were, as they still are, as valuable a part of our population to the union as any other equal number of inhabitants. They were in numerous instances the pioneers, and in all the laborers, of your armies. To their hands were owing the erection of the greatest part of the fortifications raised for the protection of our country; some of which, particularly Fort Moultrie, gave, at the early period of the inexperience and untried valor of our citizens, immortality to American arms; and, in the Northern States, numerous bodies of them were enrolled into, and fought, by the side of the whites, the battles of the Revolution.”--_Annals of Congress._
And said Mr. Eustis:
”At the commencement of the Revolutionary war, there were found in the Middle and Northern States, many blacks, and other people of color, capable of bearing arms; a part of them free, the greater part slaves. The freemen entered our ranks with the whites. The time of those who were slaves was purchased by the States; and they were induced to enter the service in consequence of a law by which, on condition of their serving in the ranks during the war, they were made freemen.
”The war over, and peace restored, these men returned to their respective States; and who could have said to them, on their return to civil life, after having shed their blood in common with the whites in the defence of the liberties of their country, 'You are not to partic.i.p.ate in the liberty for which you have been fighting?' Certainly no white man in Ma.s.sachusetts.”
Such is the historic story of the negro in the American Revolution, and it is a sad one as regards any benefit to his own condition by his connection with either side. But it is one of the most memorable of all history on exhibition of the fidelity of a race to the cause of the freedom of all men.
FOOTNOTES:
[1] ”Ran away from his master, William Brown, of Framingham, on the 30th of Sept. last, a Mullato Fellow, about 27 years of age, named _Crispus_, 6 feet 2 inches high, short, curl'd hair, his knees nearer together than common; had on a light coloured Bearskin Coat, plain brown Fustain Jacket, or brown All Wool one, new Buck skin breeches, blue Yarn Stockings, and a checked woolen s.h.i.+rt. Whoever shall take up said Runaway, and convey him to his abovesaid master, shall have _ten pounds_, old Tenor Reward, and all necessary charges paid. And all Masters of Vessels and others, are hereby cautioned against concealing or carrying off said Servant on Penalty of the Law. Boston, October 2, 1750.”--_Boston Gazette._
[2] Mr. Sparks appends to this letter the following note: ”At a meeting of the general officers, previously to the arrival of the committee from Congress in camp, it was unanimously resolved, that it was not expedient to enlist slaves in the new army; and by a large majority, negroes of every description were excluded from enlistment. When the subject was referred to the Committee in conference, the resolve was not adhered to, and probably for the reason here mentioned by Was.h.i.+ngton. Many black soldiers were in the service during all stages of the war.”--Spark's Was.h.i.+ngton, Vol. III. pp. 218-219.
[3] Dunmore after destroying Norfolk, sailed with his fleet of men-of-war and more than fifty transports, on board of which were many armed negroes and Royal troops, to the mouth of the Piankatank river, and took possession of Gwynn's Island, where he landed his troops and entrenched. Here he was attacked by Gen. Lewis' men from the opposite sh.o.r.e. One of Dunmore's s.h.i.+ps was badly damaged by cannon b.a.l.l.s, and he drew off and sailed up the Potomoc river, and occupied St. Georgia's Island, after having burned a mansion at the mouth of Aqua Creek. He was here attacked by a militia force and retired. Misfortune followed him; disease, s.h.i.+pwreck and want of provisions. He soon made sail, and with his negroes reached England, where he remained.
[4] At the first onset, a large body of the Virginia militia, under a charge of the British infantry with fixed bayonets, threw down their arms and fled. A considerable part of the North Carolina militia followed their unworthy example. But the Continentals evinced the most unyielding firmness, and pressed forward with unusual ardor. Never did men acquit themselves more honorably. They submitted only when forsaken by their brethren in arms, and when overpowered by numbers.