By turning to the first chapter on Massachusetts, the reader will observe that the above is the Massachusetts law of 1641 with but a very slight alteration. We find no reference to slavery directly, and the word slave does not occur in this code at all. Article 7, under the head of "Capital Laws," reads as follows: "If any person forcibly stealeth or carrieth away any mankind he shall be put to death."
On the 27th of January, 1683, Col. Thomas Dongan was sent to New York as its governor, and charged with carrying out a long list of instructions laid down by his Royal Highness the Duke of York. Gov. Dongan arrived in New York during the latter part of August; and on the 13th of September, 1683, the council sitting at Fort James promulgated an order calling upon the people to elect representatives. On the 17th October, 1683, the General Assembly met for the first time at Fort James, in the city of New York. It is a great misfortune that the journals of both houses are lost. The titles of the Acts passed have been preserved, and so far we are enabled to fairly judge of the character of the legislation of the new assembly. On the 1st November, 1683, the Assembly passed "An Act for naturalizing all those of foreign nations at present inhabiting within this province and professing Christianity, and for encouragement for others to come and settle within the same."[230] This law was re-enacted in 1715, and provided, that "nothing contained in this Act is to be construed to discharge or set at liberty any servant, bondman or slave, but only to have relation to such persons as are free at the making hereof."[231]
So the mild system of domestic slavery introduced by the Dutch now received the sanction of positive British law. Most of the slaves in the Province of New York, from the time they were first introduced, down to 1664, had been the property of the West-India Company. As such they had small plots of land to work for their own benefit, and were not without hope of emancipation some day. But under the English government the condition of the slave was clearly defined by law and one of great hardships. On the 24th of October, 1684, an Act was passed in which slavery was for the first time regarded as a legitimate institution in the Province of New York under the English government.[232]
The slave-trade grew. New York began to feel the necessity of a larger number of slaves. In 1702 her "most gracious majesty," Queen Anne, among many instructions to the royal governor, directed that the people "take especial care, that God Almighty be devoutly and duly served," and that the "Royal African Company of England" "take especial care that the said Province may have a constant and sufficient supply of merchantable Negroes, at moderate rates."[233] It was a marvellous zeal that led the good queen to build up the Church of England alongside of the institution of human slavery. It was an impartial zeal that sought their mutual growth,—the one intended by our divine Lord to give mankind absolute liberty, the other intended by man to rob mankind of the great boon of freedom! But with the sanction of statutory legislation, and the silent acquiescence of the Church, the foundations of the institution of slavery were firmly laid in the approving conscience of a selfish public. Dazzled by prospective riches, and unscrupulous in the methods of accumulations, the people of the Province of New York clamored for more exacting laws by which to govern the slaves.[234] Notwithstanding Lord Cornbury had received the following instructions from the crown, "you shall endeavor to get a law passed for the restraining of any inhuman severity ... to find out the best means to facilitate and encourage the conversion of Negroes and Indians to the Christian religion," the Colonial Assembly (the same year, 1702) passed severe laws against the slaves. It was "An Act for regulating slaves," but was quite lengthy and specific. It was deemed "not lawful to trade with negro slaves," and the violation of this law was followed by fine and imprisonment. "Not above three slaves may meet together:" if they did they were liable to be whipped by a justice of the peace, or sent to jail. "A common whipper to be appointed," showed that the justices had more physical exercise than they cared for. "A slave not to strike a freeman," indicated that the slaves in New York as in Virginia were accounted as heathen. "Penalty for concealing slaves," and the punishment of Negroes for stealing, etc., were rather severe, but only indicated the temper of the people at that time.[235]
The recommendations to have Negro and Indian slaves baptized gave rise to considerable discussion and no little alarm. As was shown in the chapter on Virginia, the proposition to baptize slaves did not meet with a hearty indorsement from the master-class. The doctrine had obtained in most of the colonies, that a man was a freeman by virtue of his membership in a Christian church, and hence eligible to office. To escape the logic of this position, the dealer in human flesh sought to bar the door of the Church against the slave. But in 1706 "An Act to encourage the baptizing of Negro, Indian, and mulatto slaves," was passed in the hope of quieting the public mind on this question.
"Whereas divers of her Majesty's good Subjects, Inhabitants of this Colony, now are, and have been willing that such Negroe, Indian, and Mulatto Slaves, who belong to them, and desire the same, should be baptized, but are deterred and hindered therefrom by reason of a groundless Opinion that hath spread itself in this Colony, that by the baptizing of such Negro, Indian, or Mulatto Slave, they would become Free, and ought to be set at liberty. In order therefore to put an end to all such Doubts and scruples as have, or hereafter at any time may arise about the same—
"Be it enacted, &c., that the baptizing of a Negro, Indian, or Mulatto Slave shall not be any cause or reason for the setting them or any of them at liberty.
"And be it, &c., that all and every Negro, Indian, Mulatto and Mestee bastard child and children, who is, are, and shall be born of any Negro, Indian, or Mestee, shall follow the state and condition of the mother and be esteemed, reputed, taken and adjudged a slave and slaves to all intents and purposes whatsoever.
"Provided always, and be it, &c., That no slave whatsoever in this colony shall at any time be admitted as a witness for or against any freeman in any case, matter or cause, civil or criminal, whatsoever."[236]
So when the door of the Christian Church was opened to the Negro, he was to appear at the sacred altar with his chains on. Though emancipated from the bondage of Satan, he nevertheless remained the abject slave of the Christian colonists. Claiming spiritual kinship with Christ, the Negro could be sold at the pleasure of his master, and his family hearthstone trodden down by the slave-dealer. The humane feature of the system of slavery under the simple Dutch government, of allowing slaves to acquire an interest in the soil, was now at an end. The tendency to manumit faithful slaves called forth no approbation. The colonists grew cold and hard-fisted. They saw not God's image in the slave,—only so many dollars. There were no strong men in the pulpits of the colony who dared brave the avaricious spirit of the times. Not satisfied with colonial legislation, the municipal government of the city of New York passed, in 1710,[237] an ordinance forbidding Negroes, Indians, and Mulatto slaves from appearing "in the streets after nightfall without a lantern with a lighted candle in it."[238] The year before, a slave-market was erected at the foot of Wall Street, where slaves of every description were for sale. Negroes, Indians, and Mulattoes; men, women, and children; the old, the middle-aged, and the young,—all, as sheep in shambles, were daily declared the property of the highest cash-bidder. And what of the few who secured their freedom? Why, the law of 1712 declared that no Negro, Indian, or Mulatto that shall hereafter be set free "shall hold any land or real estate, but the same shall escheat."[239] There was, therefore, but little for the Negro in either state,—bondage or freedom. There was little in this world to allure him, to encourage him, to help him. The institution under which he suffered was one huge sepulchre, and he was buried alive.
The poor grovelling worm turns under the foot of the pedestrian. The Negro winched under his galling yoke of British colonial oppression.
A misguided zeal and an inordinate desire of conquest had led the Legislature to appropriate ten thousand pounds sterling toward an expedition to effect the conquest of Canada. Acadia had just fallen into the hands of Gov. Francis Nicholson without firing a gun, and the news had carried the New Yorkers off their feet. "On to Canada!" was the shibboleth of the adventurous colonists; and the expedition started. Eight transports, with eight hundred and sixty men, perished amid the treacherous rocks and angry waters of the St. Lawrence. The troops that had gone overland returned in chagrin. The city was wrapped in gloom: the Legislature refused to do any thing further; and here the dreams of conquest vanished. The city of New York was thrown on the defensive. The forts were repaired, and every thing put in readiness for an emergency. Like a sick man the colonists started at every rumor. On account of bad faith the Iroquois were disposed to mischief.