The Journal of Negro History, Volume 5, 1920

This volume of this work deals with the period of the most dramatic history of the State. After discussing the frontier and the rise of railroads, the author directs his attention to the agitation and compromise of 1850, the origin of the Republican party, the Lincoln-Douglass Debates, the election of 1860, the appeal to arms, the war in Illinois, new abolitionists and copperheads, and the war in its relation to agriculture and the industrial revolution. The book is illustrated with such portraits as those of Abraham Lincoln, Stephen A. Douglass, Lyman Trumbull and Richard Yates. There are maps showing the foreign-born population in 1860, the presidential election in 1848, the vote for treasurer in 1854, the vote for congressmen in 1858, the vote on the constitution in 1862, the vote for congressmen-at-large in 1860, and the presidential election in 1868. The volume closes with an adequate bibliography and a useful index.

As a book on the Civil War is not uncommon, one does not ordinarily expect many things new from such a volume inasmuch as most of them cover familiar ground. In connecting the history of Illinois with the national drama of Civil War, however, the author has brought forward facts which, although belonging to local history, have a national significance and historians will make use of them, although they will not agree with him in all of his views. The scientific use which he has made of the newspaper material of that day is especially commendable. He has, moreover, shown that this history was as economic as political. Good farms and roads figured as conspicuously as efficient generals and wise statesmen.

There is some mention of the Negro as a human element. Sympathy for the race, "whether the southern slave or the northern victim of the black laws, was aroused by Uncle Tom's Cabin in 1852." Thereafter came the effort to secure for the blacks equal rights before the law but because of opposition to them in southern Illinois the black code could not be easily repealed, for race hatred often broke out in southern towns as in the case of Mound City, which in 1857 undertook to drive out all Negroes. The author mentions also such strivings of the Negroes as the efforts of the members of the race in Chicago to defend their rights by protesting against the oppression through local indignation meetings and the Colored National Convention in Cleveland in 1848. Their Chicago Literary Society condemned the Fugitive Slave Law, they organized to resist colonizationists and kidnappers, and at the outbreak of the war organized a military force to fight for their own freedom.

The National Encyclopedia of the Colored Race. Volume I. By Clement Richardson, Editor-in-Chief. The National Publishing Company, Montgomery, Alabama, 1919.

This is a fair effort at local and national biography with no pretense to scientific treatment. Some attention is given also to religious and educational institutions. Apparently almost any one financially able to aid the enterprise or sufficiently influential to have his sketch incorporated into the work appears in this volume. One man's achievements seemed to count for about as much as those of another and the law of proportion was disregarded. There are farmers, business men, ministers, physicians, dentists, lawyers and the like, many of whom are well known and others who have made no impression upon the world except to complete a course in an institution of learning and to use the knowledge thus acquired in making a living. The world has never heard of some of them and they will, of course, thank the editor for this publicity.

The aim of this work, according to the editor, is to inform and inspire. He complains that the ordinary work of this kind has merely had information for its purpose. As the only sure hope the black American can entertain for immediate notice comes through committing crime, the editor here endeavors to treat the records of a large number of Negroes who, because of their color, would never have a hearing. The aim of the book too is not only to inform the white race but it is to introduce Negroes to one another. To be properly inspired they need to be better informed as to what the ambitious members of the race are doing in their various fields of endeavor. An effort is made to get away from former biographical works largely given to eulogy of individuals unduly advertised. The aim seems rather to idealize the life of obscure men, who have achieved merit in applying themselves to the ordinary duties of life. Referring to the failure to treat more extensively the biographical material of the whole race the editor states that such accounts cannot be secured in many instances for the reason that, some are indifferent to fame, experience a shrinking from publicity, or are too busy to give attention to matters of this kind. The defects of this book, however, cannot be excused on this ground.

On the whole, the book has a value. It is fairly well printed, is adequately illustrated, and is readable. Although much of the information given is not now uninteresting it will in the course of time serve as a valuable source book.

The Man Next Door. By A. B. Jackson, M.D. Neaula Publishing Company, Philadelphia, Pa., 1919. Pp. 253.

This is another work on the much mooted question, the Negro problem. There was in the mind of the author some doubt as to whether or not he should make an apology for adding another such work to the many volumes written in this field. Observing, however, that the discussions of the race problem have in the past done some good as well as harm, he here endeavors to present an up-to-date discussion from a new point of view in order to conform with the exigencies of the day. The aim is to direct special attention to the failure to recognize the Negro as a human asset with untold economic possibilities. He believes that the matter of race values and interdependency of all races must find "a definite and assuredly positive place in the various policies of any nation which is made up of several race groups." In one sense the author believes that "racial conflict, strife and differences inspiring as they do, struggle, jealousy, and ambition, are essential to the progress of the whole group of mankind." He insists, however, that struggle should be a friendly rivalry out of which shall be woven a strong and everlasting national fabric consistent with impressing and assuring the perpetuation of the various policies which guarantee national honor and uplift.

The author believes that the one great hope for the Negro is to make himself an economic asset to his country. When this is accomplished, there will be little doubt as to the possibility of his securing full recognition as a citizen. He does not deplore the presence of obstacles but rather thinks that the salvation of the race will be in developing in the midst of this struggle the power to overcome these obstacles. It is suggested that the discussion of these matters should be dispassionate and efforts for adjustment should be based upon reason rather than upon sentiment. To show exactly how this can be done the author has directed his attention to such questions as citizenship, and patriotism, the producer and the consumer, the Negro and his church, and educational assets. The question is further treated under such captions as race consciousness, health and economics, tuberculosis a great waste, rent and ownership, and business development. The book closes with observations on racial grouping, political status, and the follies of prejudice.

Darkwater. By W. E. B. DuBois. Harcourt, Brace and Howe, New York, 1920. Pp. 276.

This work is a collection of essays by the well-known author of Souls of Black Folk, The Philadelphia Negro, The Suppression of the African Slave Trade, and The Negro. The aim of the work is to show that the Negro problem is essentially connected with the problem of work or wages or education and government which, when solved, will mean also the solution of the race problem. To give his point of view, the author, therefore, describes his childhood, training, and outlook on the world as a Negro. To show the "vast emotional content of the social problem, he has inserted between the chapters, bits of poetry and fancy which interpret the bewilderment, the disappointment, the longing and the faith of millions of men. The work ends with a brief philosophy of duty and death and a story and a hymn looking toward human unity.

This book, therefore, follows the trend of thought characteristic of Dr. DuBois. As in the beautifully written essays entitled Souls of Black Folk he has here put himself forward as a person representative of millions of black men seriously suffering from social proscription. Although his contention that the race problem is interwoven with the economic problems of the country is presented as the reason for directing more attention to this problem, the author does not treat the race question from an economic point of view. This has been the defect of the historical works which Dr. DuBois has written. He is at best a popular essayist with a bit of poetic genius. In all of his discussions of the race problem his mind has not as yet been adequate to the task of scientific treatment of the question. The Suppression of the African Slave Trade is a literary compilation or digest of State and national legislation to curb an evil, but it does not exhibit any relief or a unifying influence. The Philadelphia Negro is an ordinary report on social conditions which a local secretary of the Urban League could now compile in almost any large city in about three or six months and his The Negro is merely a summary of a number of popular works setting forth such history of Africa as a few travellers have been able to learn from the outside. It is hoped, therefore, that Dr. DuBois will take his task more seriously that he may finally write a scholarly economic treatise in this long neglected field.

NOTES

The next annual meeting of the Association for the Study of Negro Life and History will convene in Washington, D. C., next November. All institutions interested in the teaching of Negro life and history will be invited to send representatives to this meeting to confer as to the best methods of prosecuting studies in this neglected field. The session will cover two days to be devoted to addresses by the best thinkers of the country. The official program will appear within a few weeks.

The illustrated textbook in Negro history by Dr. C. G. Woodson has been further delayed by disturbances among the printers. It is hoped that it will appear before the end of the year.

A. B. Caldwell, of Atlanta, has published Volume III (South Carolina edition) of what he calls the History of the American Negro.

The Journal of Negro History

Vol. V—July, 1920—No. 3

THE SLAVE IN CANADA

Preface

When engaged in a certain historical inquiry, I found occasion to examine the magnificent collection of the Canadian Archives at Ottawa, a collection which ought not to be left unexamined by anyone writing on Canada. In that inquiry I discovered the proceedings in the case of Chloe Cooley set out in Chapter V of the text. This induced me to make further researches on the subject of slavery in Upper Canada. The result was incorporated in a paper, The Slave in Upper Canada, read before the Royal Society of Canada in May 1919, and subsequently published in the Journal of Negro History for October, 1919. Some of the Fellows of the Royal Society of Canada and the editor of the Journal of Negro History have asked me to expand the paper. The present work is the result.

I have spent many happy hours in the Canadian Archives and have read all and copied most of the documents referred to in this book; but I cannot omit to thank the officers at Ottawa for their courtesy in forwarding my labor of love, in furnishing me with copies, photographic and otherwise, and in unearthing interesting facts. It will not be considered invidious if I mention William Smith, Esq., I.S.O. and Miss Smillie, M.A., as specially helpful. My thanks are also due to Messrs. Herrington, K.C., of Napanee, F. Landon, M.A., of London, Mrs. Hallam and Mrs. Seymour Corley of Toronto, General Cruikshank of Ottawa, the Very Reverend Dean Raymond of Victoria, as well as to many others of whose labors I have taken advantage. This general acknowledgment will, I trust, be accepted in lieu of special and particular acknowledgment from time to time.

The chapter on the Maritime Provinces is almost wholly taken from the Reverend Dr. T. Watson Smith's paper on Slavery in Canada in the Nova Scotia Historical Society's Collections, Vol. X, Halifax, 1899.

CHAPTER I

Before the Conquest

That slavery existed in Canada before its conquest by Britain in 1759-60, there can be no doubt, although curiously enough it has been denied by some historians and essayists.367 The first Negro slave of which any account is given was brought to Quebec by the English in 1628. He was a young man from Madagascar and was sold in Quebec for 50 half crowns.368 Sixty years thereafter in 1688, Denonville, the Governor and DeChampigny, the Intendant of New France, wrote to the French Secretary of State, complaining of the dearness and scarcity of labor, agricultural and domestic, and suggesting that the best remedy would be to have Negro slaves. If His Majesty would agree to that course, some of the principal inhabitants would have some bought in the West Indies on the arrival of the Guinea ships. The minister replied in 1689 in a note giving the King's consent but drawing attention to the danger of the slaves coming from so different a climate dying in Canada and thereby rendering the experiment of no avail.369

The Indians were accustomed to make use of slaves, generally if not universally of those belonging to other tribes: and the French Canadians frequently bought Indian slaves from the aborigines. These were called "Panis."370 It would seem that a very few Indians were directly enslaved by the inhabitants: but the chief means of acquiring Panis was purchase from les sauvages.

The property in slaves was well recognized in International Law. We find that in the Treaty of Peace and Neutrality in America signed at London, November 16, 1686,371 between the Kings of France and England, which James II had arranged shortly after attaining the throne, Article 10 provides that the subjects of neither nation should take away the savage inhabitants, or their slaves or the goods which the savages had taken belonging to the subjects of either nation, and that they should give no assistance or protection to such raids and pillage. In 1705 it was decided that Negroes in America were "moveables," meubles, corresponding in substance to what is called "personal property" in the English law.372 This decision was on the Coutume de Paris, the law of New France.

The Panis and Negro slaves were not always obedient. Jacques Raudot, the Intendant, April 13, 1709, made an ordinance on "the Subject of Negroes and Savages called Panis." In this he recited the advantage the colony would acquire by certainty of ownership of the savages called Panis "whose nation is far removed from this country" and that certainty could only be brought about through the Indians who capture them in their homes and deal for the most part with the English of Carolina, but who sometimes in fact sell them to the Canadians who are often defrauded of considerable sums through an idea of liberty inspired in the Panis by those who do not buy,373 so that almost daily they leave their masters under the pretext that there are no slaves in France—that is not wholly true since in the islands of this Continent all the Negroes bought as such are regarded as slaves."

The further recital says that all the colonies should be on the same footing, and that the Panis were as necessary for the Canadians for the cultivation of the land and other work as the Negroes were for the islands, that it was necessary to assure the property in their purchases those who have bought and those who should buy in the future. Then comes the enactment "Nous sous le bon plaisir de Sa Majesté ordonnons, que tous les Panis et Nègres qui ont été achetés et qui le seront dans la suite, appartiendront en pleine proprieté à ceux qui les ont achetés comme étant leurs esclaves." "We with the consent of His Majesty enact that all the Panis and Negroes who heretofore have been or who hereafter shall be bought shall be the absolute property as their slaves of those who bought them."374

This ordinance was not a dead letter. On February 8, 1734, Gilles Hocquart, the Intendant at Quebec issued an ordinance in which he recited that in 1732 Captain Joanne of the Navy brought a Carib slave of his to Canada and employed him as a sailor; that he had deserted when Captain Joanne was ready to embark for the West Indies; and that the master had seen and recognized him a short time theretofore in the Parish of St. Augustine but on reclaiming him certain evil-disposed persons had facilitated his escape. The ordinance directed all captains and officers of the militia to give their assistance to the master in recovering the Carib slave and forbade all persons to conceal him or facilitate his escape on pain of fine or worse.375

Slavery thereafter tended to expand. The Edict of October 1727 concerning the American islands and colonies and therefore including Canada in the preamble spoke of the islands and colonies being in a condition to support a considerable navigation and commerce by the consumption and trade of Negroes, goods and merchandise, and the measures taken to furnish the necessary Negroes, goods and merchandise. It was decreed that only such Negroes, goods, and merchandise should be received by the islands and colonies as should be brought in French bottoms. Very explicit and rigid regulations were made to that end.

Some of these slaves were too vindictive to be good servants. There is given by Abbé Gosselin in a paper in the Transactions, Royal Society of Canada for 1900, an account of a mutiny of part of the garrison at Niagara incited by a Panis probably in the service of an officer at the post. Some of the mutineers were sentenced to death but made their escape while the Panis, Charles, was sent to Martinique with a request to the authorities to make him a slave and to take every precaution that he should not escape to Canada or even to the English colonies. A female slave of color belonging to Mme. de Francheville who had been bought in the English Colonies set fire to her mistress' home the night of the 10-11 April 1734, thus causing a conflagration which destroyed a part of the city of Montreal. The unfortunate slave was apprehended and tried for the crime then and for long after a capital felony. Being found guilty, she was hanged June, 1734.

The increase in the number of slaves made necessary some regulation concerning their liberation. September 1, 1736, Gilles Hocquart, the Intendant already mentioned, made an ordinance concerning the formalities requisite in the enfranchisement of slaves. Reciting that he had been informed that certain persons in Canada had freed their slaves without any other formality than verbally giving them their liberty, and the necessity of fixing in an invariable manner the status of slaves who should be enfranchised, he ordered that for the future all enfranchisements should be by notarial act and that all other attempted enfranchisements should be null and void.

Slaves unable to secure their freedom by legal means, however, undertook sometimes to effect the same by flight. A royal decree of July 23, 1745, recited the escape of three male and one female Negro slaves from the English West India Island of Antigua to the French Island of Guadeloupe and there sold. There followed a decision of the Superior Council of Guadeloupe that the proceeds of the sale belonged to the King of France and Negro slaves belonging to the enemy when they came into a French colony became at once the property of His Majesty. To make clear the course to pursue for the future, the decree declared that Negro slaves who escape from enemy colonies into French colonies and all they bring with them belong to His Majesty alone in the same way as enemy ships and goods wrecked on his coasts.

With all of this security the ownership of slaves became common. In the Registers of the Parish of La Longue Pointe is found the certificate of the burial, March 13, 1755, of the body of Louise, a female Negro slave, aged 27 days, the property of M. Deschambault. In the same Parish is found the certificate of baptism of Marie Judith, a Panis, about 12 years of age belonging to Sieur Preville of the same Parish, November 4, 1756. On January 22, 1757, one Constant a Panis slave of Sieur de Saint Blain, officer of Infantry, is sentenced by de Monrepos, Lieutenant-Governor civil and criminal in the Jurisdiction of Montreal,376 to the pillory in a public place on a market day and then to perpetual banishment from the jurisdiction.

The conquest of Canada begun at Quebec in 1759 and completed by the surrender to Amherst of Montreal by de Vaudreuil in 1760 had some bearing on slavery. One of the Articles of Capitulation, the 47th, provided that "the Negroes and Panis of both Sexes shall remain in the possession of the French and Canadians to whom they belong; they shall be at liberty to keep them in their service in the Colony or to sell them: and they may also continue to bring them up in the Roman religion."377

Having now reached the end of the French period, it will be well to say a word as to the rights of the slaves. There is nowhere any intimation that there was any difference in that regard between the Negro and the Panis. The treatment of the latter by their fellow Indians depended upon the individual master. The Panis had no rights which his Indian master was bound to respect. Remembering the persistence of customs among uncivilized peoples, one may conclude that the description given of slavery among the Chinook Indians about a century later will probably not be far from the mark concerning the Indians of the earlier time and their slaves.

Paul Kane, the celebrated explorer and artist,378 in a paper read before the Canadian Institute379 in 1857 said: "Slavery is carried on to a great extent along the North-West Coast and in Vancouver Island and the Chinooks.... The inhabitants still retain a large number of slaves. These are usually procured from the Chastay Tribe who live near the Umqua, a river south of the Columbia emptying into the Pacific. They are sometimes seized by war-parties but are often bought from their own people.... Their slavery is of the most abject description: the Chinook men and women treat them with great severity and exercise the power of life and death at pleasure."

Kane gives shocking instances of this. He tells of a chief who sacrificed five slaves to a colossal wooden idol he had set up and says that the unfortunate slaves were not considered entitled even to burial but their bodies were cast out to the crows and vultures.

Amongst the French such an extreme of barbarity did not obtain. Their law was based upon the civil law, that is, the law of Rome, which in its developed form recognized the slave as a human being. The Roman world was full of slaves. Not only were there slaves born but debtors sometimes sold themselves380 or their children. The criminal might be enslaved. In early pagan times the slave had no rights. He was a chattel disposable according to the will of his master who had jus vitæ necisque, who could slay, mutilate, scourge at pleasure.381 In the course of time this extreme power was restrained. Hadrian forbade the killing of slaves, Marius allowed the slave to lay an information against his master. The prefect at Rome and the presidents of the provinces took cognizance of crimes against the slave; and Constantine allowed a master to go free on killing his slave in chastisement only if he used rods or whips, but not if he used sticks, stones or javelins or tortured him to death.382 Hard as was his lot, the unhappy slave had at least some rights in the later civil law, few and slight as they were, and these he had under the Coutume de Paris, the law of French Canada.

CHAPTER II

The Early British Period

When Canada passed under the British flag by conquest there was for a time confusion as to the law in force. During the military regime from 1760 to 1764 the authorities did the best they could and applied such law as they thought the best for the particular case. There was no dislocation in the common affairs of the country. When Canada was formally ceded to Britain by the Treaty of Paris, 1763,383 it was not long before there was issued a royal proclamation creating among other things a "Government of Quebec" with its western boundary a line drawn from the "South end of Lake Nipissim"384 to the point at which the parallel of 45° north latitude crosses the River St. Lawrence. In all that vast territory the English law, civil and criminal, was introduced.385 It is important now to see what was the law of England at the time respecting slavery.