FOOTNOTES:
[91] The first part of this act is copied almost word for word from an act of the Long Parliament in 1651. That act, however, was not enforced. It applied only to shipping. The Act of 1660 added the "enumerating" clause (XVIII).
[92] Question having arisen in regard to the definition of English-built ships and English mariners, these terms were defined in section V of the Act of 1662 (14 Car. II, c. 11). The portion of the section relating to mariners follows: "And whereas it is required by the said Act that in sundry cases the Master and three fourths of the Mariners are to be English, it is to be understood that any of His Majesties Subjects of England, Ireland, and His Plantations are to bee accounted English, and no others. ..."—Statutes of the Realm, V, 395.
[93] The sugar from the English colonies also paid duties on admission into English ports (lower than these here prescribed for foreign sugars); but such duties were to be rebated, according to this section IX, upon reëxportation.
[94] The name "New England" still applied to all English America north of Delaware Bay.
[95] This was the first charter provision for appeal from a colonial court to England. The question had arisen just before in connection with the New England colonies. Cf. American History and Government, § 99.
[96] This was the first provision for a direct English veto upon colonial laws.
[97] All italics are by the editor. The Pennsylvania charter distinctly recognized the right of Parliament to tax the colonists. These clauses, with those regarding appeals and the royal veto, were added to Penn's draft by the King's Attorney-General.
[98] This grant was also in the "Laws Agreed upon in England," XXXV.
[99] That act decreed that, in order to vote, a man must own "fifty acres of land, ... twelve acres thereof, or more, cleared and improved; or be otherwise worth fifty pounds lawful money" above all indebtedness.
[100] By the law of England, the property of a suicide, like that of a man convicted of a felony, escheated to the crown. The other half of this same paragraph abolished another ancient legal cruelty.
[101] This provision (adopted also from the "Laws Agreed upon in England") is the first attempt in a constitution to establish a regular method of amendment. The attempt to exclude a portion of the document from amendment, so common for long afterward, begins here also (next paragraph).
[102] Five years later came an Indian uprising in which at least 300 colonists lost their lives.
[103] As governor of Virginia, Berkeley is disposed to side with the colony against the English policy. Cf. 19, note, below.
[104] Even as negroes were packed, the slaver of that time rarely carried a hundred slaves.
[105] Italicized by the editor. Cf. 11, above, and the note.
[106] This is a gross overstatement on Berkeley's part. Cf. American History and Government, § 96. It is notable, however, that even a courtier, like Berkeley, as a colonial governor, takes the point of view of his province against English policy. Cf. ib., § 118.
[107] Then why no Virginia ships before 1660?
[108] Cf. No. 35, above.
[109] Queen Anne.
[110] A reference to the expulsion of James II.
[111] Paid a fine for refusing to serve.
[112] James Hamilton, an aged Pennsylvania lawyer.
[113] The "New Style" chronology was adopted by England in 1752.
[114] Georgia was not included. Franklin seems originally to have contemplated a union of the northern colonies only.
[115] In Franklin's comments upon the sections of this plan (Works, Smyth edition, III, 208 ff.), he adds to this section: " ... it being proposed by the gentlemen of the Council of New York ... to alter the plan in this particular, and to give the governors and council of the several provinces a share in the choice of the grand council [or at least a veto upon the selections], it was said,....
"That it is essential to English liberty, that the subject should not be taxed but by his own consent, or the consent of his elected representatives.
"That taxes to be laid and levied by this proposed constitution will be proposed and agreed to by the representatives of the people, if the plan in this particular be preserved.
"But if the proposed alteration should take place, it seemed as if matters may be so managed as that the crown shall finally have the appointment, not only of the president-general, but of a majority of the grand Council....
"And so the people in all the colonies would in effect be taxed by their governors.
[Some three pages more of like argument.]
"Upon the whole the commissioners were of opinion that the choice was most properly placed in the representatives of the people."
[116] Franklin's comment was (see note above): "Governors have sometimes wantonly exercised the power of ... continuing the sessions of Assemblies, merely to harass the members and compel a compliance; and sometimes dissolve them on slight disgusts." This provision may have been suggested to Franklin by the fact that in his own colony the legislative sittings were independent of the governor's will (No. 103, b, above).
[XX. HARSH PHASES OF COLONIAL SOCIETY][117]
115. Legal Punishment in Virginia, 1662-1748
Hening's Statutes, II, 75. The following statute was enacted in March, 1662. It was reënacted, in similar words, in 1705 and in 1748 (ib. 367-368 and 507-508), and was in force at the opening of the Revolution.
Whereas many offences are punishable by the laws of England and of this country with corporall punishments, for executeing whereof noe such provision hath been made as the said laws doe require; Be it therefore enacted, that, in every county, the court cause to be sett up a pillory, a pair of stocks, and a whipping post, neere the courthouse, and a ducking-stoole in such a place as they shall think convenient ... And the courts not causeing the said pillory and whipping post, stocks and ducking stoole to be erected within six months, after the date of this act shall be fined five thousand pounds of tobacco to the use of the publique.
116. White Servants in 1774
William Eddes, Letters from America.
These Letters, written in 1774, were printed in London in 1792. Eddes was a customs official at Annapolis.
Persons in a state of servitude are under four distinct denominations: negroes, who are the entire property of their respective owners: convicts, who are transported from the mother country for a limited term: indented servants, who are engaged for five years previous to their leaving England; and free-willers, who are supposed, from their situation, to possess superior advantages....
Persons convicted of felony, and in consequence transported to this continent, if they are able to pay the expense of passage, are free to pursue their fortune agreeably to their inclinations or abilities. Few, however, have means to avail themselves of this advantage. These unhappy beings are, generally, consigned to an agent, who classes them suitably to their real or supposed qualifications; advertises them for sale, and disposes of them, for seven years, to planters, to mechanics, and to such as choose to retain them for domestic service.
The generality of the inhabitants in this province are very little acquainted with those fallacious pretences, by which numbers are continually induced to embark for this continent. On the contrary, they too generally conceive an opinion that the difference is merely nominal between the indented servant and the convicted felon: nor will they readily believe that people, who had the least experience in life, and whose characters were unexceptionable, would abandon their friends and families, and their ancient connexions, for a servile situation, in a remote appendage to the British Empire. From this persuasion they rather consider the convict as the more profitable servant, his term being for seven, the latter only for five years; and, I am sorry to observe, that there are but few instances wherein they experience different treatment. Negroes being a property for life, the death of slaves, in the prime of youth or strength, is a material loss to the proprietor; they are, therefore, almost in every instance, under more comfortable circumstances than the miserable European, over whom the rigid planter exercises an inflexible severity. They [white servants] are strained to the utmost to perform their allotted labour....
The situation of the free-willer is, in almost every instance more to be lamented than either that of the convict or the indented servant; the deception which is practised on those of this description being attended with circumstances of greater duplicity and cruelty. ... They are told, that their services will be eagerly solicited, in proportion to their abilities; that their reward will be adequate to the hazard they encounter by courting fortune in a distant region; and that the parties with whom they engage will readily advance the sum agreed on for their passage; which, being averaged at about nine pounds sterling, they will speedily be enabled to repay, and to enjoy, in a state of liberty, a comparative situation of ease and affluence. ... It is, therefore, an article of agreement with these deluded victims, that if they are not successful in obtaining situations, on their own terms, within a certain number of days after their arrival in the country, they are then to be sold, in order to defray the charges of passage....
117. Runaway Servants and Apprentices
From "Newspaper Extracts," 1770-1771, in New Jersey Archives, First Series, XXVII. The editor of this volume is responsible for the italics.
Trenton Goal, December 28, 1769.
This is to give notice, there was committed to my custody, by William Clayton, Esq., as a runaway apprentice on the 24th day of October last, Thomas Sandaman. This is to inform his master or sheriff that he run away from, that they come and pay charges and take him away, or he will be sold to pay cost and charges, on Saturday the 20th day of January, 1770, by me
Peter Hankinson, Goaler.
—The Pennsylvania Journal, No. 1413, January 4, 1770.
Three Pounds Reward
Run-away on Friday the 12th Inst. from the Subscriber at Hunterdon County, in New-Jersey, an Apprentice, named David Cox, about Twenty Years of Age, a Carpenter and Joiner by Trade, but its likely he may pass for a Mill-Wright, as he has two Brothers of that Trade, that works near Albany. He is about 5 Feet 10 Inches high, large boned, knock kneed, of a dark Complexion, down Look, black Eyes, black Hair, and wears it tied. Had on when he went away, a grey coloured Coat and Jacket, pretty much worn, with Horn Buttons on them, new Leather Breeches, with black Horn Buttons, Russia Shirt, black Yarn Stockings, new Shoes, also a rusty Castor Hat, wears it cocked: It is also suspected he has stole his Indentures, and will very likely show them for a Pass, as he is near of Age. Whoever apprehends said Apprentice, and secures him in any Goal, so that his Master may have Notice thereof, shall have the above Reward, paid by me.
James Taylor.
N. B. Perhaps he may change his Cloaths, that he may not be discovered.
—The N. Y. Gazette, or Weekly Post Boy, No. 1412, January 22, 1770.
New Jersey, November 24, 1769.
Run-away the 22d September, from the Subscriber, living in Monmouth County, in the Township of Shrewsbury, in the Province of East New-Jersey; an indented Servant Man, named Walter Clark, born in the Jerseys, about Twenty-four Years of Age, a Black-Smith by trade, and understands farming Business; he is about six Feet high, has black curled Hair, and keeps his Mouth much open: He took several Suits of Apparel with him, all of a brownish Colour, some Broad Cloth, and some thin Stuff; also one striped double-breasted Jacket. Whoever takes up the above said Servant and delivers him to me the Subscriber, shall have Three Pounds Reward, and reasonable Charges paid, by me.
Benjamin Jackson.
—The N. Y. Journal or General Advertiser, No. 1412, January 25, 1770.
Run away from the subscriber, living near Morris-Town, in New-Jersey, on Christmas-day last, a servant man, named Thomas Clay, a Cooper by trade, near 50 years of age, about 5 feet 10 inches high, brown curled hair, will drink to excess, and then is noisy, likes to sing songs; had on, when he went away, a blue great coat, and jacket of the same, leather breeches, and felt hat. Whoever takes up and secures said servant, so that his master may have him again, shall have Three Pounds Reward, and reasonable charges, paid by
Daniel Gerard, junior.
—Pennsylvania Gazette, No. 2146, February 8, 1770.
Burlington, December 3, 1770.
This Day was committed to the Goal of this City, a certain Thomas Gearn, upon suspicion of being a runaway Servant; he says that he belongs to William Withers, living in Cecil County, Maryland, and that he left his said Master about 14 or 15 Weeks ago. Said Servant is about 20 Years of Age, and says when he left his Master he had an Iron Collar on his Neck, but soon got it off. Whoever owns the said Thomas Gearn, is desired to come or send; pay Charges immediately, and take him away.
—Ephraim Phillips, Goaler.
Gloucester County Goal, September 12, 1771.
Taken up on suspicion, as a runaway servant and now confined here, a young man about 5 feet 6 inches high, marked with the small-pox, has on a blue coat, homespun shirt, and check trousers, says his name is Hugh M'Cage, and that he belongs to one William or John Miller, living near Lancaster. His master, if any he has, is desired to fetch him away, and pay charges; otherwise he will be sold out in 3 weeks from the date hereof.
Richard Johnson, Goaler.
—Pennsylvania Gazette, Sept. 12, 1771.
[These advertisements all relate to White men. Like entries continue through the early Revolutionary days, often in the same column with flaming expressions of the spirit of political liberty, in a manner somewhat amazing to a modern reader. This one volume of newspaper extracts for the years 1770-1771, has seventy-seven such advertisements of run-away White servants for New Jersey alone,—many times as many as there were for runaway Negroes.]