Judge Nelson had gained some acquaintance with slavery in his own home town, for, when first he took up his residence in Cooperstown, in 1824, there were a number of slaves in the village. Some of the earliest settlers had negroes in bondage. Among these was James Averell, Jr., who worked his tannery by slave labor. One of his slaves, known as Tom Bronk, was for many years well known in Cooperstown as the servant of the former owner's son, William Holt Averell, and lived to a great age. The clumsily written bill of sale by which Tom Bronk became the property of James Averell, Jr., is still in existence:
Know all men by these Presents, that I, George Henry Livingston, of the town of Sharon, County of Schoharie and State of New York, for and in Consideration of the Sum of three hundred Dollars Lawful money of the State of New York to me in hand paid by James Averill Jr of the town and County of Otsego and State Aforesaid At or before the Sealing and delivery of these Presents, the Receipt whereof, I the said George Henry Livingston do hereby acknowledge, have granted, bargained and sold, and by these presents, do grant, bargain and sell, unto the said James Averill Jr, his Executors, Administrators, and assigns, one negro man About thirty Six years of age and known by the name of Tom to have and to hold the said negro man Tom to the said James Averill Jr. his Executors, Administrators, and assigns forever; and I the said George Henry Livingston for myself, my heirs Executors, and Administrators the Said negro man unto the said James Averill Jr. his Executors, administrators, and assigns, against me the said George Henry Livingston, my Executors, and Administrators, and against all and every other person or persons Whomsoever Shall and will warrent. And forever Defend by these presents. And also warrent the said negro man to be Sound and in health. According to the best of my knowledge in witness whereof I have hereunto set my hand and Seal the Second Day of October in the year of our Lord one thousand Eight hundred Fifteen.
Signed, Sealed, and Delivered
In Presence of
ZACHARIAH HUGER
KOERL VAN SCHAYCK
GEORGE X HENRY LIVINGSTON.
his mark
A group of settlers who came from the Barbadoes brought with them slaves, who were afterward freed, and the tombstone of Joseph Stewart, in the Cooper family plot in Christ churchyard, emphasizes, in capital letters, the fact that, although born a slave, he was for twenty years a free servant of Judge Cooper. These instances, and an advertisement in the Otsego Herald in 1799, show that slavery was not uncommon here in the early days:
A YOUNG WENCH—For Sale—She is a good cook, and ready at all kinds of housework. None can exceed her if she is kept from liquor. She is 24 years of age—no husband nor children. Price $200; inquire of the printer.
The act which entirely abolished slavery in the State of New York did not take effect until July 4th, 1827, on which occasion about sixty Cooperstown negroes marched with a flying banner and martial music to the Presbyterian church, where Hayden Waters, a village darkey, delivered an address that was heard not only by his colored brethren, but by a large assemblage of white citizens.
Justice Nelson's concurrence in the Dred Scott decision did not necessarily register his approval of slavery, but only his interpretation of the law as it then existed. He never owned any slaves, and was regarded by the negroes in Cooperstown as a powerful friend of their race. A favorite servant of his household for some years was a free negro named Jenny York, who had been a slave in her youth. She was a unique character, famous as a cook, having an unusually keen appreciation of a cook's perquisites. Choice provisions and delicacies disappeared through systematic dole at Judge Nelson's kitchen door, or sometimes being reserved against a holiday, reappeared to furnish a banquet in the servants' hall, to which Jenny's many dusky friends were bidden. The current story is that, when Jenny died, the negroes of the village chose for her grave an epitaph which, at their request, Judge Nelson caused to be inscribed upon her tomb exactly as they had worded it. This inscription may still be seen upon a tombstone that faces the street at the eastern end of Christ churchyard, in the part which was reserved for the burial of negroes. Jenny was sincerely mourned at the time of her death, but with the passing of the years no tears are shed at her grave but those of sympathetic laughter. A just appreciation of the delicate balance of mercy and justice in her unusual epitaph requires some definite knowledge of both the virtues and weaknesses of Jenny York. The enigmatical eulogy reads as follows:
JENNY YORK
DIED FEB. 22, 1837.
AET. 50 YEA.