Читать книгу: «The Journal of Negro History, Volume 3, 1918», страница 30
Your letter of the 11th was duly recd, and I should have given it a less tardy answer, but for a succession of particular demands on my attention, and a wish to assist my recollections, by consulting both manuscript & printed sources of information on the subjects of your enquiry. Of these, however, I have not been able to avail myself, but very partially.
As to the intention of the framers of the Constitution in the clause relating to "the migration and importation of persons &c" the best key may perhaps be found in the case which produced it. The African trade in slaves had long been odious to most of the States, and the importation of slaves into them had been prohibited. Particular States however continued the importation, and were extremely adverse to any restriction on their power to do so. In the Convention the former States were anxious, in framing a new constitution, to insert a provision for an immediate and absolute stop to the trade. The latter were not only averse to any interference on the subject; but solemnly declared that their constituents would never accede to a constitution containing such an article. Out of this conflict grew the middle measure providing that Congress should not interfere until the year 1808; with an implication, that after that date, they might prohibit the importation of slaves into the States then existing, & previous thereto, into the States not then existing. Such was the tone of opposition in the States of S. Carolina & Georgia, & such the desire to gain their acquiescence in a prohibitory power, that on a question between the epochs of 1800 & 1808, the States of N. Hampshire, Massatts, & Connecticut, (all the eastern States in the convention); joined in the vote for the latter, influenced by the collateral motive of reconciling those particular States to the power over commerce & navigation; against which they felt, as did some other States, a very strong repugnance. The earnestness of S. Carolina & Georgia was further manifested by their insisting on the security in the V. article against any amendment to the Constitution affecting the right reserved to them, & their uniting with the small states who insisted on a like security for their equality in the Senate.
But some of the States were not only anxious for a constitutional provision against the introduction of Slaves. They had scruples against admitting the term "Slaves" into the Instrument. Hence the descriptive phrase "migration or importation of persons"; the term migration allowing those who were scrupulous of acknowledging expressly a property in human beings, to view imported persons as a species of emigrants, whilst others might apply the term to foreign malefactors sent or coming into the country. It is possible tho' not recollected, that some might have had an eye to the case of freed blacks, as well as malefactors.
But whatever may have been intended by the term "migration" or the term "persons", it is most certain, that they referred, exclusively, to a migration or importation from other countries into the U. States; and not to a removal, voluntary or involuntary, of Slaves or freemen, from one to another part of the U. States. Nothing appears or is recollected that warrants this latter intention. Nothing in the proceedings of the State conventions indicate such a construction there. Had such been in the construction it is easy to imagine the figure it would have made in many of the states, among the objections to the constitution, and among the numerous amendments to it proposed by the state conventions, not one of which amendments refers to the clause in question.... It falls within the scope of your enquiry, to state the fact, that there was a proposition in the convention, to discriminate between the old and new States, by an article in the Constitution declaring that the aggregate number of representatives from the states thereafter to be admitted, should never exceed that of the states originally adopting the Constitution. The proposition happily was rejected. The effect of such a descrimination, is sufficiently evident.569
Speaking about the meaning of migration, Walter Lowrie of Pennsylvania said in the United States Senate:
In the Constitution it is provided that "the migration or importation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year 1808, but a tax," etc. In this debate it seems generally to be admitted, by gentlemen on the opposite side, that these two words are not synonomous; but what their meaning is, they are not so well agreed. One gentlemen tells us, it was intended to prevent slaves from being brought in by land; another gentleman says, it was intended to restrain Congress from interfering with emigration from Europe.
These constructions cannot both be right. The gentlemen who have preceded me on the same side, have advanced a number of pertinent arguments to settle the proper meaning of these words. I, sir, shall not repeat them. Indeed, to me, there is nothing more dry and uninteresting, than discussions to explain the meaning of single words. In the present case, I will only refer to the authority of Mr. Madison and Judge Wilson, who were both members of the Convention, and who gave their construction to these words, long before this question was agitated. Mr. Madison observes, that, to say this clause was intended to prevent emigration does not deserve an answer. And Judge Wilson says, expressly, it was intended to place the new States under the control of Congress, as to the introduction of slaves. The opinion of this latter gentleman is entitled to peculiar weight. After the Convention had labored for weeks on the subject of representation and direct taxes—when those great men were like to separate without obtaining their object, Judge Wilson submitted the provision on this subject, which now stands as a part of your Constitution. Sir, there is no man, from any part of the nation, who understood the system of our Government better than him; not even excepting Virginia, from whence the gentleman from Georgia (Mr. Walker) tells us, we have all our great men.570
Madison wrote on the same question that year in a letter to Monroe:
I have been truly astonished at some of the doctrines and declarations to which the Missouri question has led; and particularly so at the interpretation put on the terms "migration or importation &c." Judging from my own impressions I shd. deem it impossible that the memory of any one who was a member of the Genl. Convention, could favor an opinion that the terms did not exclusively refer to migration & importation, into the U. S. Had they been understood in that Body in the sense now put on them, it is easy to conceive the alienation they would have there created in certain States: and no one can decide better than yourself the effect they would had in the State conventions, if such a meaning had been avowed by the advocates of the Constitution. If a suspicion had existed of such a construction, it wd. at least have made a conspicuous figure among the amendments proposed to the Instrument.571
There was very little objection to the provision for the return of fugitive slaves. On the twenty-ninth of August, it was agreed that:
"If any Person bound to service or labor in any of the United States shall escape into another State, He or She shall not be discharged from such services or labor in consequence of any regulations subsisting in the State to which they escape; but shall be delivered up to the person justly claiming their service or labor."
which passed in the affirmative (Ayes—11; noes—0.)
It was moved and seconded to strike out the two last clauses of the 17 article572
On the same day when the question came up again:
Mr. Butler moved to insert after art: XV. "If any person bound to service or labor in any of the U—States shall escape into another State, he or she shall not be discharged from such service or labor, in consequence of any regulation subsisting in the State to which they escape, but shall be delivered up to the person justly claiming their service or labor," which was agreed to nem: con:573
The Committee of Style reported:
No person legally held to service or labour in one state, escaping into another, shall in consequence of regulations subsisting therein be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labour may be due.574
On the thirteenth of September,
On motion of Mr. Randolph the word "servitude" was struck out, and "service" (unanimously) inserted, the former being thought to express the condition of slaves, & the latter the obligations of free persons.575
Two days later:
Art. IV. sect 2. parag: 3. the term "legally" was struck out, and "under the laws thereof" inserted (after the word "State,") in compliance with the wish of some who thought the term (legal) equivocal, and favoring the idea that slavery was legal in a moral view–576
The Constitution provided then:
No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law of Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.577
SOME UNDISTINGUISHED NEGROES
Patrick Snead.—Among the most interesting of all fugitive slaves who escaped into Canada was Patrick Snead of Savannah, Georgia. He was as white as his master, but was born a slave. Upon the death of his first master he fell into the hands of one of the sons who died when Snead was about fifteen. His next master was a rather reckless man. Snead's master always promised the slave's mother to give him his freedom as soon as the boy could take care of himself, but this was never done. Snead was sent to school a little by his mother so that he could spell quite well. He had no religious training but was allowed to attend a Sunday school for colored children. Upon approaching manhood Snead was put to the cooper's trade, which he learned in five years.
Up to this time Snead had fared well, but at length his master fell sick and died without freeing the slave according to his promise. Snead was then sold to pay the fees of his master's physician, who later sold him to a wholesale merchant for $500. In the service of this merchant Snead proved to be a much smarter man than many of those who worked with him. In later years, however, he had to work so hard as to injure his health to the extent that he suffered considerably. Moreover, Snead was never allowed any money and was restricted in his social contact with the people of his group in other parts of the community.
He was later sold to another master, being given in exchange for a woman, two children and $100. He was still employed in the cooper's trade. Required to make only 18 barrels a week and capable of making more than twice as many, he began to receive an income of his own under the good treatment of his last master. During this period, however, his desire for liberty grew stronger and stronger because of the hardships of his people and then he heard of their opportunities in the free States and in Liberia. He, therefore, made his escape in July, 1851, and reached Canada in safety. After remaining two years in Canada he decided to enter the employ of the proprietor of the Cataract House on the American side of Niagara Falls. What happened then is best told in his own language. He says:
"Then a constable of Buffalo came in, on Sunday after dinner, and sent the barkeeper into the dining-room for me. I went into the hall, and met the constable,—I had my jacket in my hand, and was going to put it up. He stepped up to me. 'Here, Watson,' (this was the name I assumed on escaping,) 'you waited on me, and I'll give you some change.' His fingers were then in his pocket, and he dropped a quarter dollar on the floor. I told him, 'I have not waited on you—you must be mistaken in the man, and I don't want another waiter's money.' He approached,—I suspected, and stepped back toward the dining-room door. By that time he made a grab at me, caught me by the collar of my shirt and vest,—then four more constables, he had brought with him, sprung on me,—they dragged me to the street door—there was a jamb—I hung on by the doorway. The head constable shackled my left hand. I had on a new silk cravat twice around my neck; he hung on to this, twisting it till my toungue lolled out of my mouth, but he could not start me through the door. By this time the waiters pushed through the crowd,—there were three hundred visitors there at the time,—and Smith and Graves, colored waiters, caught me by the hands,—then the others came on, and dragged me from the officers by main force. They dragged me over chairs and everything, down to the ferry way. I got into the cars, and the waiters were lowering me down, when the constables came and stopped them, saying, 'Stop that murderer!'—they called me a murderer! Then I was dragged down the steps by the waiters, and flung into the ferry boat. The boatmen rowed me to within fifty feet of the Canada shore—into Canada water—when the head boatman in the other boat gave the word to row back. They did accordingly,—but they could not land me at the usual place on account of the waiters. So they had to go down to Suspension Bridge; they landed me, opened a way through the crowd—shackled me, pushed me into a carriage, and away we went. The head constable then asked me 'if I knew any person in Lockport.' I told him 'no,' Then, 'In Buffalo?' 'No.' 'Well then,' said he, 'let's go to Buffalo—Lockport is too far.' We reached Buffalo at ten o'clock at night, when I was put in jail. I told the jailer I wished he would be so good as to tell a lawyer—to come round to the jail. Mr.– came, and I engaged him for my lawyer. When the constables saw that pretending to know no one in Buffalo, I had engaged one of the best lawyers in the place, they were astonished. I told them that 'as scared as they thought I was, I wanted them to know that I had my senses about me.' The court was not opened until nine days; the tenth day my trial commenced. The object was, to show some evidence as if of murder, so that they could take me to Baltimore. On the eleventh day the claimant was defeated, and I was cleared at 10 A.M. After I was cleared, and while I was yet in the court room, a telegraphic despatch came from a Judge in Savannah, saying that I was no murderer, but a fugitive slave. However, before a new warrant could be got out, I was in a carriage and on my way. I crossed over into Canada, and walked thirty miles to the Clifton House."—Benjamin Drew, A North-Side View of Slavery, pp. 102-104.
White Women Enslaved.—"A New Hampshire gentleman went down into Louisiana, many years ago, to take a plantation. He pursued the usual method; borrowing money largely to begin with, paying high interest, and clearing off his debt, year by year, as his crops were sold. He followed another custom there; taking a Quadroon wife: a mistress, in the eye of the law, since there can be no legal marriage between the whites and persons of any degree of color: but, in nature and in reason, the woman he took home was his wife. She was a well-principled, amiable, well-educated woman; and they lived happily together for twenty years. She had only the slightest possible tinge of color. Knowing the law, that the children of slaves are to follow the fortunes of the mother, she warned her husband that she was not free, an ancestress having been a slave, and the legal act of manumission having never been performed. The husband promised to look to it: but neglected it. At the end of twenty years, one died, and the other shortly followed, leaving daughters; whether two or three, I have not been able to ascertain with positive certainty; but I have reason to believe three, of the ages of fifteen, seventeen, and eighteen; beautiful girls, with no perceptible mulatto tinge. The brother of their father came down from New Hampshire to settle the affairs; and he supposed, as every one else did, that the deceased had been wealthy. He was pleased with his nieces, and promised to carry them back with him into New Hampshire, and (as they were to all appearance perfectly white) to introduce them into the society which by education they were fitted for. It appeared, however, that their father had died insolvent. The deficiency was very small: but it was necessary to make an inventory of the effects, to deliver to the creditors. This was done by the brother,—the executor. Some of the creditors called on him, and complained that he had not delivered in a faithful inventory. He declared he had. No: the number of slaves was not accurately set down: he had omitted the daughters. The executor was overwhelmed with horror, and asked time for thought. He went round among the creditors, appealing to their mercy: but they answered that these young ladies were 'a first-rate article,' too valuable to be relinquished. He next offered, (though he had himself six children, and very little money,) all he had for the redemption of his nieces; alleging that it was more than they would bring in the market for house or field labor. This was refused with scorn. It was said that there were other purposes for which the girls would bring more than for field or house labor. The uncle was in despair, and felt strongly tempted to wish their death, rather than their surrender to such a fate as was before them. He told them, abruptly, what was their prospect. He declares that he never before beheld human grief; never before heard the voice of anguish. They never ate, nor slept, nor separated from each other, till the day when they were taken into the New Orleans slave market. There they were sold, separately, at high prices, for the vilest of purposes: and where each is gone, no one knows. They are for the present, lost. But they will arise to the light in the day of retribution."—Harriet Martineau, Views on Slavery and Emancipation, pp. 8-9.
The White Slave.—"A slaveholder, living in Virginia, owned a beautiful slave woman, who was almost white. She became the mother of a child, a little boy, in whose veins ran the blood of her master, and the closest observer could not detect in its appearance any trace of African descent. He grew to be two or three years of age, a most beautiful child and the idol of his mother's heart, when the master concluded, for family reasons, to send him away. He placed him in the care of a friend living in Guilford County, North Carolina, and made an agreement that he should receive a common-school education, and at a suitable age be taught some useful trade. Years passed; the child grew to manhood, and having received a good common-school education, and learned the shoemaker's trade, he married an estimable young white woman, and had a family of five or six children. He had not the slightest knowledge of the taint of African blood in his veins, and no one in the neighborhood knew that he was the son of an octoroon slave woman. He made a comfortable living for his family, was a good citizen, a member of the Methodist Church, and was much respected by all who knew him. In course of time his father, the Virginian slaveholder, died, and when the executors came to settle up the estate, they remembered the little white boy, the son of the slave woman, and knowing that by law—such law!—he belonged to the estate, and must be by this time a valuable piece of property, they resolved to gain possession of him. After much inquiry and search they learned of his whereabouts, and the heir of the estate, accompanied by an administrator, went to Guilford County, North Carolina, to claim his half-brother as a slave. Without making themselves known to him, they sold him to a negro trader, and gave a bill of sale, preferring to have a sum in ready money instead of a servant who might prove very valuable, but who would, without doubt, give them a great deal of trouble. He had been free all his life, and they knew he would not readily yield to the yoke of bondage. All this time the victim was entirely unconscious of the cruel fate in store for him.
"His wife had been prostrated by a fever then prevalent in the neighborhood, and he had waited upon her and watched by her bedside, until he was worn out with exhaustion and loss of sleep. Several neighbor women coming in one evening to watch with the invalid, he surrendered her to their care, and retired to seek the rest he so much needed. That night the slave-dealer came with a gang of ruffians, burst into the house and seized their victim as he lay asleep, bound him, after heroic struggles on his part, and dragged him away. When he demanded the cause of his seizure, they showed him the bill of sale they had received, and informed him that he was a slave. In this rude, heartless manner the intelligence that he belonged to the African race was first imparted to him, and the crushing weight of his cruel destiny came upon him when totally unprepared. His captors hurried him out of the neighborhood, and took him toward the Southern slave markets. To get him black enough to sell without question, they washed his face in tan ooze, and kept him tied in the sun, and to complete his resemblance to a mulatto, they cut his heir short and seared it with a hot iron to make it curly. He was sold in Georgia or Alabama, to a hard master, by whom he was cruelly treated.
"Several months afterward he succeeded in escaping, and made his way back to Guilford County, North Carolina. Here he learned that his wife had died a few days after his capture, the shock of that calamity having hastened her death, and that his children were scattered among the neighbors. His master, thinking that he would return to his old home, came in pursuit of him with hounds, and chased him through the thickets and swamps. He evaded the dogs by wading in a mill-pond, and climbing a tree, where he remained several days. Dr. George Swain, a man of much influence in the community, had an interview with him, and, hearing the particulars of his seizure, said he thought the proceedings were illegal. He held a consultation with several lawyers, and instituted proceedings in his behalf. But the unfortunate victim of man's cruelty did not live to regain his freedom. He had been exposed and worried so much, trailed by dogs and forced to lie in swamps and thickets, that his health was broken down and he died before the next term of court."—Levi Coffin, Reminiscences, pp. 29-31.
A Slave of Royal Blood.—"Among the many persons of color whom I visited at Philadelphia, was a woman of singular intelligence and good breeding. A friend was with me. She received us with the courtesy and easy manners of a gentlewoman. She appeared to be between thirty and forty years of age—of pure African descent, with a handsome expressive countenance and a graceful person. Her mother, who had been stolen from her native land at an early age, was the daughter of a king, and is now, in her eighty-fifth year, the parent stem of no less than 182 living branches. When taken by the slavers, she had with her a piece of gold as an ornament, to denote her rank. Of this she was of course deprived; and a solid bar of the same metal, which her parent sent over to America for the purchase of her freedom, shared the same fate. Christiana Gibbons, who is thus the granddaughter of a prince of the Ebo tribe, was bought when about fifteen years of age, by a woman who was struck by her interesting appearance, and emancipated her. Her benefactress left her, at her death, a legacy of 8,000 dollars. The whole of this money was lost by the failure of a bank, in which her legal trustee (a man of the name of James Morrison, since dead) had placed it in his own name. She had other property, acquired by her own industry, and affording a rent of 500 dollars a year. Her agent, however, Colonel Myers, though indebted to her for many attentions and marks of kindness during sickness, had neglected to remit her the money from Savannah, in Georgia, where the estate is situated; and, when I saw her, she was living, with her husband and son, on the fruits of her labor.
"She had not been long resident in Philadelphia, whither she had come to escape the numerous impositions and annoyances to which she was exposed in Georgia. Her husband was owner of a wharf in Savannah, worth eight or ten thousand dollars. It is much feared that the greater part of this property will be lost, or not recovered without great difficulty. I was induced to call upon her, in consequence of a letter I had received from Mr. Kingsley, of whom I have before spoken. He had long been acquainted with her, and spoke of her to me in the highest terms; wishing that I should see what he considered a 'good specimen of the race.'
"We found her, indeed, a very remarkable woman; though it is probable that there are many among the despised slaves as amiable and accomplished as herself. Such, at least, was the account she gave us of their condition, that we felt convinced of the superiority possessed by many, in moral worth and intellectual acuteness, above their oppressors."—E. S. Abdy, Journal of a Residence and Tour in the United States of America from April, 1833, to October, 1834, pp. 346-348.
