8. IMPEDIMENTS TO HONEST INDUSTRY.

In this country ignorance and poverty are almost inseparable companions; and it is surely not strange that those should be poor whom we compel to be ignorant. The liberal professions are virtually sealed against the blacks, if we except the church, and even in that admission is rendered difficult by the obstacles placed in their way in acquiring the requisite literary qualifications;[[102]] and when once admitted, their administrations are confined to their own color. Many of our most wealthy and influential citizens have commenced life as ignorant and as pennyless as any negro who loiters in our streets. Had their complexion been dark, notwithstanding their talents, industry, enterprize and probity, they would have continued ignorant and pennyless, because the paths to learning and to wealth, would then have been closed against them. There is a conspiracy, embracing all the departments of society, to keep the black man ignorant and poor. As a general rule, admitting few if any exceptions, the schools of literature and of science reject him—the counting house refuses to receive him as a bookkeeper, much more as a partner—no store admits him as a clerk—no shop as an apprentice. Here and there a black man may be found keeping a few trifles on a shelf for sale; and a few acquire, as if by stealth, the knowledge of some handicraft; but almost universally these people, both in town and country, are prevented by the customs of society from maintaining themselves and their families by any other than menial occupations.

[Footnote [102]: Of the truth of this remark, the trustees of the Episcopal Theological Seminary at New-York, lately (June, 1839) afforded a striking illustration. A young man, regularly acknowledged by the Bishop as a candidate for orders, and in consequence of such acknowledgment entitled, by an express statute of the seminary, to admission to its privileges, presented himself as a pupil. But God had given him a dark complexion, and therefore the trustees, regardless of the statute, barred the doors against him, by a formal and deliberate vote. As a compromise between conscience and prejudice, the professors offered to give him private instruction—to do in secret what they were ashamed to do openly—to confer as a favor, what he was entitled to demand as a right. The offer was rejected.

It is worthy of remark, that of the trustees who took an active part against the colored candidate, one is the PRESIDENT of the New York Colonization Society; another a MANAGER, and a third, one of its public champions; and that the Bishop of the diocese, who wished to exclude his candidate from the theological school of which he is both a trustee and a professor, lately headed a recommendation in the newspapers for the purchase of a packet ship for Liberia, as likely to "render far more efficient than heretofore, the enterprize of colonization.">[

In 1836, a black man of irreproachable character, and who by his industry and frugality had accumulated several thousand dollars, made application in the City of New York for a carman's license, and was refused solely and avowedly on account of his complexion! We have already seen the effort of the Ohio legislature, to consign the negroes to starvation, by deterring others from employing them. Ignorance, idleness, and vice, are at once the punishments we inflict upon these unfortunate people for their complexion; and the crimes with which we are constantly reproaching them.

9. LIABILITY TO BE SEIZED, AND TREATED AS SLAVES.

An able-bodied colored man sells in the southern market for from eight hundred to a thousand dollars; of course he is worth stealing. Colonizationists and slaveholders, and many northern divines, solemnly affirm, that the situation of a slave is far preferable to that of a free negro; hence it would seem an act of humanity to convert the latter into the former. Kidnapping being both a lucrative and a benevolent business, it is not strange it should be extensively practised. In many of the States this business is regulated by law, and there are various ways in which the transmutation is legally effected. Thus, in South Carolina, if a free negro "entertains" a runaway slave, it may be his own wife or child, he himself is turned into a slave. In 1827, a free woman and her three children underwent this benevolent process, for entertaining two fugitive children of six and nine years old. In Virginia all emancipated slaves remaining twelve months in the State, are kindly restored to their former condition. In Maryland a free negro who marries a white woman, thereby acquires all the privileges of a slave—and generally, throughout the slave region, including the District of Columbia, every negro not known to be free, is mercifully considered as a slave, and if his master cannot be ascertained, he is thrown into a dungeon, and there kept, till by a public sale a master can be provided for him. But often the law grants to colored men, known to be free, all the advantages of slavery. Thus, in Georgia, every free colored man coming into the State, and unable to pay a fine of one hundred dollars, becomes a slave for life; in Florida, insolvent debtors, if black, are SOLD for the benefit of their creditors; and in the District of Columbia a free colored man, thrown into jail on suspicion of being a slave and proving his freedom, is required by law to be sold as a slave, if too poor to pay his jail fees. Let it not be supposed that these laws are all obsolete and inoperative. They catch many a northern negro, who, in pursuit of his own business, or on being decoyed by others ventures to enter the slave region; and who, of course, helps to augment the wealth of our southern brethren. On the 6th of March, 1839, a report by a Committee was made to the House of Representatives of the Massachusetts Legislature, in which are given the names of seventeen free colored men who had been enslaved at the south. It also states an instance in which twenty-five colored citizens, belonging to Massachusetts, were confined at one time in a southern jail, and another instance in which 75 free colored persons from different free States were confined, all preparatory to their sale as slaves according to law.

The facts disclosed in this report induced the Massachusetts Legislature to pass a resolution protesting against the kidnapping laws of the slave States, "as invading the sacred rights of citizens of this commonwealth, as contrary to the Constitution of the United States, and in utter derogation of that great principle of the common law which presumes every person to be innocent until proved to be guilty;" and ordered the protest to be forwarded to the Governors of the several States.

But it is not at the south alone that freemen may be converted into slaves "according to law." The Act of Congress respecting the recovery of fugitive slaves, affords most extraordinary facilities for this process, through official corruption and individual perjury. By this Act, the claimant is permitted to select a justice of the peace, before whom he may bring or send his alleged slave, and even to prove his property by affidavit. Indeed, in almost every State in the Union, a slaveholder may recover at law a human being as his beast of burden with far less ceremony than he could his pig from the possession of his neighbor. In only three States is a man, claimed as a slave, entitled to a trial by jury. At the last session of the New York Legislature a bill allowing a jury trial in such cases was passed by the lower House, but rejected by a democratic vote in the Senate, democracy in that State, being avowedly only skin deep, all its principles of liberty, equality, and human rights depending on complexion.

Considering the wonderful ease and expedition with which fugitives may be recovered by law, it would be very strange if mistakes did not sometimes occur. How often they occur cannot, of course, be known, and it is only when a claim is defeated, that we are made sensible of the exceedingly precarious tenure by which a poor friendless negro at the north holds his personal liberty. A few years since, a girl of the name of Mary Gilmore was arrested in Philadelphia, as a fugitive slave from Maryland. Testimony was not wanting in support of the claim; yet it was most conclusively proved that she was the daughter of poor Irish parents—having not a drop of negro blood in her veins—that the father had absconded, and that the mother had died a drunkard in the Philadelphia hospital, and that the infant had been kindly received and brought up in a colored family. Hence the attempt to make a slave of her. In the spring of 1839, a colored man was arrested in Philadelphia, on a charge of having absconded from his owner twenty-three years before. This man had a wife and family depending upon him, and a home where he enjoyed their society; and yet, unless he could find witnesses who could prove his freedom for more than this number of years, he was to be torn from his wife, his children, his home, and doomed for the remainder of his days to toil under the lash. Four witnesses for the claimant swore to his identity, although they had not seen him before for twenty-three years! By a most extraordinary coincidence, a New England Captain, with whom this negro had sailed twenty-nine years before, in a sloop from Nantucket, happened at this very time to be confined for debt in the same prison with the alleged slave, and the Captain's testimony, together with that of some other witnesses, who had known the man previous to his pretended elopement, so fully established his freedom, that the Court discharged him.