We, the undersigned, inhabitants of the West India Islands St. Thomas and St. John, beg leave most respectfully to present to the Rigsdag of Denmark, this Petition, praying that just and equitable compensation may be granted us for the loss we have sustained in our property, in consequence of the ordinance of the Governor General, bearing date 3d July, 1848, by which he took upon himself to abolish Negro Slavery in the Danish Colonies, and which act received the Royal sanction on the 22d September of the same year.
If, notwithstanding the heavy loss thus sustained, we have hitherto been silent, it should be attributed to the hope we had entertained, that the government, without being called upon to do so, would have taken steps to obtain compensation for us; and to the sentiments of sympathy with which we beheld the struggle of the mother country in the trying situation in which the revolt of the Duchies, and war with many powerful enemies had placed her, a struggle which required all her resources, both intellectual and material, of which she could dispose; and thus it would have been inopportune had we at that time obtruded ourselves on the notice of the government. But now, that the clouds which obscured the political horizon have been dissipated, now, that a glorious war is concluded, and peace sheds its blessings over Denmark, we can no longer defer our just demand for compensation, lest our silence should be construed into acquiescence with the act, by which we have been despoiled of our property, or interpreted as an abandonment of our claims. We had as good a title of property to our negroes, as to our land, houses, or any other property we possess; this right was established not only by law, but the government had moreover ever encouraged the subjects to acquire such property as being advantageous to the state. For this purpose the government granted loans to the colonists upon reduced interest from the so dominated "negro loan." The government bought and sold such property, took it in mortgage, levied duties upon their importation, and imposed a yearly capitation tax, consequently not a shadow of doubt could exist of the legality of such property; and if it was a fault to become possessors of such property, it must be laid to the charge of the government which had fostered and encouraged it. The highest tribunal of the land, the King's High Court, acknowledged this right in its fullest sense, so that a negro slave, even on the free soil of Denmark, continued to be the property of his master so thoroughly, that the latter in direct opposition to the slave's will, could oblige him to return to the West Indies. That the negro's ability to work, and personal qualities, enhanced his value, is a fact too palpable to stand in need of proof; the numberless legal appraisements upon oath, the sales which took place daily between man and man, as well as the normal value, which according to the Ordinance of the first of May, 1840, was determined every year by the government, after a previous hearing of the Burgher Council, and the respective authorities, render this matter incontestable.
This ordinance admits the owner's right to full compensation, for only on condition of paying the full value of the services which the master could have from the slave, had the slave the right to demand his freedom; but without such remuneration, his master could not be deprived of him.
The forementioned ordinance, the common law, and in particular the eighty-seventh section of the constitution, lay down as an invariable rule, that no subject can be compelled to cede his property, unless the general good of the commonwealth requires it, and then only on receiving full compensation.
Those civilized nations in whose colonies slavery has been abolished, have neither raised any question nor doubt as to the legality of the principle of compensation. Thus England, France and Sweden have granted compensation. The first £ 25 12 2 sterling at an average per head; the second 490 francs per head, which is, however, considered but part of the whole sum; and the third in the following manner: first class, under fifteen years, $80 per head, second class, from fifteen to sixty years, $240 per head; third class, over sixty years, $40 per head.
With regard to emancipation without compensation, the following language was held to the King of Sweden: "Your most gracious Majesty, in your high wisdom, will never allow such violation of justice as emancipation without compensation would be; such a thing has never anywhere occurred."
The Dutch government has declared that it will not abolish slavery without indemnifying the owners, and for this reason it has not given any formal sanction to the liberty which the Dutch governor of St. Martin's (with the consent of the planters) found himself compelled to concede to the negroes, when emancipation was proclaimed in the French part of the same island, but left matters in statu quo. Once, however, there existed an instance of emancipation without compensation. The National Convention of France, in the year 1793, did, disregarding the sacred rights of property, proclaim the abolition of slavery; but ten years afterwards, on the 28th of May, 1802, that act was declared by the corps legislatif, to be an act of spoliation, and as such illegal; consequently slavery was re-established by decree of the First Consul, and continued for half a century, and would in all probability be still in full vigor, at least for some time, had it not been for the revolution of February. For us, we have the most implicit reliance on the honor of the Danish Government, and the Danish people, and we feel persuaded that they will not follow the example of the National Convention. In Denmark, love of justice and respect for the sacredness of the rights of property are too deeply implanted in the soil to be easily rooted out. The proverbial honesty of Denmark is as firm as the courage, loyalty, and gallantry of which her sons have so lately given such signal proof.
The Rigsdag of Denmark will not on account of the burden, shrink from the demands of justice; it will not allow it to be said that it refused to satisfy a claim, the justness of which has never been doubted by any civilized nation, nor will it suffer a number of its fellow citizens to be illegally bereft of their property without compensation. The Rigsdag of Denmark will not leave it in the power of the world to say, that it was liberal at the expense of others, or that it denied compensation to the weak, because they had only the right, but not the power to enforce it. In reviewing the means that present themselves, the burden will not be so considerable or so heavy, when we take into consideration that the state possesses many plantations, in respect of which to their former complement of slaves, there will of course be no question of compensation, and that it also holds mortgages on many properties, where the compensation can be written off, without any real loss in many cases; on the other hand, the realm, by fulfilling its duty in settling a lawful claim, will gain by the disbursement of the compensation, which will as may reasonably be expected, not alone increase the prosperity of the colonies, but their inhabitants will attach themselves more closely to Denmark.
We do not entertain any doubt but that the Rigsdag will grant us the compensation to which we have the most incontestable right, and which cannot be controverted by such futile arguments, as, that the owners have lost nothing by the government depriving them of their property, as the stock of labor is the same, and to be had for an equitable hire. If it even in reality were the case, that the expenses were not greater, and the work not less than before the emancipation, while, alas! the contrary is the case, it would, nevertheless, be a species of argument in itself contrary to common sense, in a degree, that it would scarcely require any refutation at the bar of the enlightened Rigsdag, as it might with just as much reason be said, that all the rest of the property of people could be taken away whenever the government managed matters in such a way, that the properties could be rented at so moderate a rate, that the expenses did not exceed, what those of the keeping of the property yearly had amounted to. It will be clearly evident that the owner notwithstanding, loses his essential rights, for the property would no longer be at his disposal, or under his control, he would be dependent upon others not only as to renting of that kind of property of which he had formerly been possessed, but he would not be able to sell, mortgage, or dispose of it in any manner whatever, either in favor of himself, his children, or other heirs; in short, property would to him, entirely lose its money value, and the capital vested in it would be sunk as is now the case with us. Many a slave owner derived his living from the yearly income which the hire of his slaves produced, but now the state has bereft him of his property, and hurled him, widows and orphans into the most abject poverty and misery, while that act, as yet without compensation, has more or less generally affected those who possessed that class of property, and in numberless instances produced pecuniary embarrassment; while the slave owners who are proprietors of plantations have not alone lost the capital invested in their slaves, but the subversion of the ancient normal order in the colonies, but in addition thereto, they are exposed to the imminent risk of seeing their estates, buildings, and fabrics eventually reduced to no value whatever. Most assuredly the circumstances which precede the emancipation, cannot be brought forward in support of the necessity thereof. Such a delusion cannot hold good. It is notorious that the so called insurrection which was begun in the jurisdiction of Fredericksted, at St. Croix on the 3d of July, 1848, would have been put down, if the forces, although reduced as they had been, had been called out and made use of by the government of that island. This is borne out by the sentence of 5th of February, in this year, rendered against the governor-general by the commission, which sentence expressly states that the declaration of emancipation partly originated in a desire to procure the treasury an exemption from compensation, or what is the same thing, it was intended to serve as a means to deprive the proprietors of their lawful rights. Furthermore, it is quite evident, that even the most trifling commotion would not have occurred, if the Captain-General of Puerto Rico's offer of assistance on perceiving the impending dangers had been accepted. Neither is it less certain that the normal order could have been re-established subsequently. His Majesty's government by presenting to royal assent the emancipation of the negro slaves, which the governor-general had taken upon himself to grant, has adopted the act as its own. It has also from the very beginning been considered that the insurrection could not be viewed as sufficient foundation for the act. This is clearly to be seen from the wording of the royal mandate on which the emancipation is made a concession "to the lively" wishes of the negroes. That his late Majesty King Christian VIII., of glorious and blessed memory, had by rescript of 28th July 1847, given freedom to all children born of slaves in the Danish West India possessions, and at the same time ordained that slavery should finally cease in twelve years, cannot be pleaded as a reason that proprietors of slaves are to sustain loss and receive no compensation, for the question remained open, and had been only glanced at by said rescript. It is much to be lamented that the emancipation in the manner it took place, and with the circumstances with which it was accompanied, induced the slave population, although erroneously, to believe that they had overawed the government, and to receive the emancipation not as boon, but rather as a trophy. The bad impression which such a management of matters has caused, will ever remain, and render the march of administration difficult, for defiance has taken the place which only should have been ceded to gratitude. It ought here to be observed that a succession of ordinances had gradually loosed the ties which existed between the master and the slave. What heretofore had been esteemed as a favor on the master's part, was by law converted into an obligation, and the slave was not only rendered more and more independent of his master, but his sentiments of attachment to him were destroyed. Thus the law made it obligatory on the master to cede a negro his freedom when he could pay his full value; a favor which hardly any one had thought of refusing; thus the law bound the master to give his slaves certain little extras for Christmas, a favor which no one had thought of denying, and thus the law compelled the planter to give his negroes the Saturday free; a boon, which hitherto frequently had been granted as a recompense for diligent work during the week. But from the moment that the law converted into an obligation, that which hitherto had been received as a favor, indifference usurped the place of gratitude. Thus, by consecutive innovations, the state of things became precarious, the relations insecure, impatience sprung up, and the seeds of the tumultuous scenes which ensued and served as a pretext for emancipation, were sown. Here we must observe, that though it were admitted that the pretended insurrection at St. Croix rendered emancipation an act of necessity, it cannot, at all events, in any manner be cited with regard to St. Thomas or St. John, where no kind of disturbance existed among the slave population, Thus, entertaining the intimate conviction that our right to compensation is as conformable to reason, as it ought to be sacred and inviolable, and in solemnly protesting against our being bereft of our property without full compensation, we submit this our representation to the Rigsdag of Denmark, with the most unlimited confidence in its justice. We have the consoling hope and encouraging persuasion that the representatives of a people who, by the bill of indemnity of 30th June, 1850, have gone ahead of, and set a brilliant example to other nations, by the acknowledgment of the principle of equity, that "all citizens ought equally to share the losses which the scourge of war had brought upon individuals," will not deny a principle of justice, which every European nation has hitherto not neglected to comply with towards its colonies.
St. Thomas and St. John, June, 1851.
To the Rigsdag of Denmark.
An Extract from the Will of Robert Pleasants Dated February 6, 1800, and Admitted to Probate in Henrico County, Virginia, April 6, 1801
"From a full conviction that slavery is an evil of great magnitude and no less repugnant to the Divine command of doing to others as we would they should do unto us that it is inconsistent with the true interest and prosperity of my country, I did confirm freedom to all the Negroes that by law, I had property in by a Deed of Emancipation bearing date the first of the 8th month, 1782, duly acknowledged and admitted to record in the Clerk's office of Henrico County, three boys excepted names Moses, Nat and James, who at that time lived with their mothers in Goochland County and were forgotten but have since been emancipated, but as it is still necessary that those who are ancient and incapable of getting a living (being over forty-five years of age at the time of emancipation) should be supported, I now desire and direct it to be done and that the young ones may have learning sufficient to enable them to transact the common affairs of life for that purpose I have had a Schoolhouse put on my land called Gravely hills tract containing by estimation 350 acres the use and profits whereof I give for that purpose forever, or so long as the Monthly Meeting of Friends in this County may think it necessary for the benefit of the children and descendants of those who have been emancipated by me, or other black children whom they may think proper to admit; reserving only to my heirs hereafter named the priviledge of cutting timber occasionally for building, of which there appears to be more than perhaps may ever be necessary for the use of the School and the Tenants who are now on it, or hereafter may settle thereon and reserving also a privilege for my old servant Philip and his Wife Dilcy to settle on and occupy such part thereof as they may choose (not interfering with the school) during their natural lives, they not committing Waste or taking others to work the land under colour of this gift except it should be necessary for their support reserving also to the women Effee, Sarah, Dilcy and Elcy to continue or live on rent free during their natural lives on the same conditions or restrictions expressed in my grant to Philip and Dilcy and I further direct that in case those of my heirs who may claim a right to the service of the young blacks under this will should neglect or refuse to give them learning either at the above mentioned School or by some other way or means, I hereby declare them free one year before their time of servitude expires and to be sent to school at the expense of my estate for that time. And Whereas a suit was instituted several years ago in my name as the Heir at Law of my Father and only acting executor to him and my Brother Jonathan Pleasants for the relief of a number of Negroes by them directed to be free at a certain age, but wrongfully held in Bondage which suit was lately determined in their favor, but considering that many of them have been brought up in ignorance and may need the care, advice and perhaps assistance too of friends I do request my beloved friends to be nominated Executors by this Will to extend such care towards them as the nature of the case may call for or require."
Proceedings of a Reconstruction Meeting[531]
On April 19, 1867, a general meeting of the citizens of Mobile was held relative to the new measures of reconstruction. Among the vice-presidents were men of all classes and color—as civil judges, bishops, clergy, physicians, citizens, etc., etc., of whom five were colored men. The only colored speaker on the occasion said:
"Fellow-Citizens: I feel my incapacity to-night to speak, after hearing the eloquence of those preceding me. I received an invitation from the white citizens of Mobile to speak for the purpose of reconciling our races—the black to the white—to extend the hand of fellowship. You have heard the resolutions. You are with us, and I believe are sincere in what they promise. It is my duty to accept the offer of reconstruction when it is extended in behalf of peace to our common country. Let us remove the past from our bosoms, and reconcile ourselves and positions together. I am certain that my race cannot be satisfied unless granted all the rights allowed by the law and by that flag. The resolutions read to you to-night guarantee every thing. Can you expect any more? If you do, I would like to know where you are going to get it. I am delighted in placing myself upon this platform, and in doing this I am doing my duty to my God and my country. We want to do what is right. We believe white men will also do what is right."
The next speaker was a late Confederate officer during the war. He said:
"It is the first time for seven long years that we sit—and at first we sat with diffidence—under the 'old flag' and I connot deny that my feelings are rather of a strange nature. Looking back to the past, I remembered the day (the 10th day of January, 1861) when I hauled down that flag from its proud staff in Fort St. Philip, and thought then that another flag would soon spread its ample folds over the Southern soil.
"But that flag is no more. It has gone down in a cloud of glory—no more to float even over the deserted graves of our departed heroes—one more of the bright constellations in the broad canopy of that firmament where great warriors are made demigods.
"But I did not come here to-night to tell you, men of Alabama, that my heart was with you—for you well know that as far as that heart can go, it never will cease beating for what is held dear and sacred to you. But I came here to speak to those of our new fellow-citizens, who are not seeking the light of truth.
"It is said that two races now stand in open antagonism to each other—that the colored man is the natural enemy of the white man, and, hereafter, no communion of interests, feelings and past associations, can fill the gulf which divides them.
"But who is it that says so? Is it the Federal soldier who fought for the freedom of that race? Is it even the political leader whose eloquence stirred up the North and West to the rescue of that race? No; it is none of these. It is not even the intelligent and educated men of that class, for I now stand on the very spot where one of them, Mr. Trenier, disclaimed those disorganizing principles, and eloquently vindicated the cause of truth and reason.
"Why, then, should there be any strife between us? Why should not our gods be their gods—our happiness be their happiness? Has anything happened which should break up concert of action, harmony, and concord in the great—the main objects of life—the pursuit of happiness?
"Where can that happiness spring from? Is it from the midst of a community divided against itself, or from one blessed with peace and harmony?
"In what particular have our relations changed? In what case have our interests in the general welfare been divided? Is not today the colored man as essential to our prosperity as he was before?
"Is not our soil calling for the energetic efforts of his sinewy arms? Can we, in fact, live without him? But while we want his labor he wants our lands, our capital, our industry, our influence in the commerce and finances of the world.
"And if, coming down from those higher functions in society, we descend to our domestic relations, where do we find that those relations are changed?
"Does not the intelligent freedman know that neither he nor we are accountable to God for the condition in which we were respectively born?
"Does he not know that, for generations past, the institution of slavery had been forced upon us by the avarice, the love of power of the North? Does he not know that to-day we have in him the same implicit faith and reliance we had before?"[532]
Footnotes:
[513] Boston Evening Post, Aug. 3, 1761. This issue carries an advertisement for such Negroes.
[514] Ford, "Washington's Writing," II, 211.