The Journal of Negro History Volume V Part 43

Excellency.

"May it please Your Excellency I expect your Excellency will please to take my Case into consideration by granting me the Request of being paid for what I have lost by said Prisoner or the Yankee Boy, to be returned to me...."[33]

There were not wanting at this time or later instances of those convicted of crime buying their lives by enlistment for life. One case of a mulatto, a slave, may be here mentioned. A mulatto called Middleton was convicted at Montreal in 1781 of a felony (probably larceny) which carried the sentence of death. He was an expert mechanic of a cla.s.s of men much in demand in the army and he was given a pardon conditioned upon his enlisting for life. He chose the Second Batallion of Sir John Johnson's Royal American Regiment then in Quebec and was handed over by Sheriff Gray to the officers of that corps after having taken the oath of allegiance administered to all recruits.[34]

Many slaves were employed as boatmen, laborers, and the like, in the army. We find a letter from headquarters at Quebec to Captain Maurer who was at Montreal, dated October 6, 1783, which reads:

"Having had the Honor to communicate to His Excellency, the Commander-in-Chief, your intimation that applications have been made by the Proprietors of some Negro's Serving Capt. Harkimer's (Herkimer) Company of Batteau Men to have them restored to them and desiring to receive His Excellency's Pleasure therein, I am directed to signify to you His Excellency's Commands that all such Negro's to be given up on the Requisition of their owners, provided they produce sufficient Proofs of their Property and give full acknowledgments or Receipts for them which must be taken in the most ample manner to prevent future claims and to have the necessary recourse to those Persons who receive them should different applications be made for the above Negro's."[35]

Peace had come[36] and there was no more need for a large army. But it was some years before the Indians of the western country ceased from their practice of making prisoners.[37]

[Transcriber's Note: The following two tables were published as one large, wide table. They have been split into two tables, with the first column repeated, for clearer presentation in this e-book.]

RETURN OF NEGROES AND NEGRO WOMEN BROUGHT INTO THE PROVINCE BY PARTIES UNDER THE COMMAND AND DIRECTION OF LIEUT. COL. SIR JOHN JOHNSON, BART 1783

================+==============+=========+========+================+ | Former |Property | Rebel | By Whom | Names | Masters | of |Property| Brought In | | |Loyalists| | | ----------------+--------------+---------+--------+----------------+ Tom |Conyne |Loyalist | |Canada Indians | Charles[1] |Smyth | | Rebel | | Nero[2] |Col. Gordon | | ditto |Mohawk Indians | Jacob[3] | ditto | | ditto |Mohawk Indians | A Negro Wench[4]| ditto | | ditto |Mohawk Indians | Betty |Capt. Collins | | ditto |Mohawk Indians | Tom[5] |Col. Fisher | | ditto | ditto | Jack |Barney Wimple | | ditto |Royal Rt., N. Y.| Diana |Adam Fonda | | ditto | ditto | William[6] |Major Fonda | | ditto |Mohawk Indians | Combwood |J. Wimple | | ditto | ditto | Catharine |Dora Fonda | | ditto |Canada Indians | Simon[7] | | | | | Boatswain |Lewis Clemont | ditto | |Canada Indians | Jane | ditto | ditto | | ditto | d.i.c.k |Col. Butler | ditto | |Mohawk Rangers | Jack[8] |Wm. Bowen | ditto | |Royal Rt., N.Y. | Peggy |Mr. Young | ditto | | ditto | Mink[9] |Capt. Harkemaw| ditto | | | ----------------+--------------+---------+--------+----------------+

=============+==================+=======+=============================+ | | Price | | Names | To Whom Sold | Sold | Where They Are | | | For | at Present | -------------+------------------+-------+-----------------------------+ | |Halifax| | | | Curry.| | Tom |Jacob Jordon |12-10 |Montreal with Mr. Jordon. | Charles |Rev. Mr. DeLisle | 20--- |Montreal with Mr. DeLisle. | Nero |John Mittleberger | 60--- |Montreal in Provost Gaol. | Jacob |Saml. Judah | 24--- |Quebec. | A Negro Wench| ditto | 60--- |Montreal with Mr. Judah. | Betty |John Gregory | 45--- |Montreal with Mr. Gregory. | Tom | Captn. Thomson | 25--- |Montreal with Mr. Tangen. | Jack | | |Montreal with Capt. Anderson.| Diana | | | ditto ditto | William |Mr. McDonell | 30--- |Quebec. | Combwood |Capt. Sherwood | 12-10 |St. James with Capt. | | | | Sherwood. | Catharine |John Grant | 12-10 |St. Genevieve with | | | | Capt. A. McDonell. | Simon | | |Niagara with A. Wimple. | Boatswain | | |Niagara with | | | | his former master. | Jane | | | ditto ditto | d.i.c.k | | | ditto with | | | | his former master. | Jack |Captn. J. McDonell| 70--- | ditto with Captn. McDonell. | Peggy | | | ditto with | | | | her former master. | Mink | | |Coteau du Lac with | | | | his former master. | -------------+------------------+-------+-----------------------------+

[1] Taken at Bells Town, making his escape out of a window in Col.

Gordon's House.

[2] Runed away some time ago from his late Master.

[3] Taken at the same place endeavoring to make his escape, also runed away from his late Master.

[4] Sold by Sir John Johnson in lieu of a Negro wench and child of his Property which Col. Gordon exchanged for this Wench.

[5] Sold by Capt. Thomson of Col. Butlers Rangers, to Sir Johnson who gave him to W Langen Since Dead.

[6] Taken at his masters house by Capt John the Mohawk, with Waggon & Horses which he got ready to convey his mistress to Schenectady.

[7] Sold by John Grant to Captn Alexander McDonell.

[8] Sold by Wm. Bowen his Former Master, to Captn John McDonell of Col. Butlers Rangers.

[9] Came in with Sir John Johnson, and are now employed in Captn Harkimers company of Batteau Men.

[Transcriber's Note: The following two tables were published as one large, wide table. They have been split into two tables, with the first column repeated, for clearer presentation in this e-book.]

============+============== +=========+========+======================+ | Former |Property | Rebel | By Whom | Names | Masters | of |Property| Brought In | | |Loyalists| | | ------------+-------------- +---------+--------+----------------------+ Tance |Adam Fonda | | Rebel | | Cato |Pruyne | | ditto | | Jack |Major Fonda | | ditto | | Jack | ditto | | ditto | | William |Sir J. Johnson |Loyalist | |Rl. Rt., N. Y. | Frank | ditto | ditto | | ditto | Farry | ditto | ditto | | ditto | Jack | ditto | ditto | | ditto | Abraham | ditto | ditto | | ditto | Tom[10] | ditto | ditto | | ditto | Sam | ditto | ditto | | ditto | Jacob a boy | ditto | ditto | | ditto | Tanoe a boy | ditto | ditto | | ditto | Phillis | ditto | ditto | | ditto | Betty | ditto | ditto | | ditto | Jade | ditto | ditto | | ditto | Jane | ditto | ditto | | ditto | Hager | ditto | ditto | | ditto | Nicholas |Col. Claus | ditto | |Mohawk Rangers | Tom | ditto | ditto | | ditto | Peter | ditto | ditto | | ditto | Maria | ditto | ditto | | ditto | A Negro man name unknown[11] | N. B. several others carried to Niagara by Indians and White Men[12] | Chas. Grandison Col. Warner | ------------+--------------+---------+--------+-----------------------+

============+==================+========+=============================+ | | Price | | Names | To Whom Sold | Sold | Where They Are | | | For | at Present | ------------+------------------+--------+-----------------------------+ Tance | | |Coteau du Lac. | Cato | | | ditto | Jack | | | ditto | Jack | | | ditto | William | | |With his Master. | Frank | | | ditto | Farry | | | ditto | Jack | | | ditto | Abraham | | | ditto | Tom[10] | | | ditto | Sam | | | ditto | Jacob a boy | | | ditto | Tanoe a boy | | | ditto | Phillis | | |With her master. | Betty | | | ditto | Jade | | | ditto | Jane | | | ditto | Hager | | | ditto | Nicholas | | |With his master. | Tom | | | ditto | Peter | | | ditto | Maria | | | ditto | ------------+------------------+--------+-----------------------------+

[10] Since dead--All these marks for Sir John Johnson Joyned him on the Mohawk.

[11] Sold by a Soldier of the 8th Regt to Lieut Harkemer of the Corps of Rangers, who sold him to Ensign Sutherland of the Rl Rt N. Y.

[12] Sent a Prisoner to Fort Chambly--The Indians still claim the allowance promised them by ye Commandr in Chief.

JOHN JOHNSON, Lieut Col Comm.

FOOTNOTES:

[1] See this Treaty which was concluded at Paris, February 10, 1763 "au Nom de la Tres Sainte & indivisible Trinite, Pere, Fils & Saint Esprit"--Shortt & Doughty, _Const.i.tutional Doc.u.ments_, 1759-1791, pp.

73 sqq.

[2] What we now call Lake Nip.i.s.sing.

[3] See the Proclamation, Shortt & Doughty, _Const. Docs._, pp. 119, sqq.

[4] Per Hargrave, _arguendo_, Somerset _v._ Stewart (1772), Lofft 1, at p. 4; the speech in the State Trials Report was never actually delivered.

[5] (1772) Lofft, 12 Geo. III, 1; (1772) 20 St. Trials 1.

[6] These words are not in Lofft or in the State Trials, but will be found in Campbell's _Lives of the Chief Justices_, Vol. II, p. 419, where the words are added: "Every man who comes into England is ent.i.tled to the protection of the English law, whatever oppression he may heretofore have suffered and whatever may be the color of his skin. _Quamvis ille niger, quamvis tu candidus esses_ and certainly Vergil's verse was never used to a n.o.bler purpose. Verg. E. 2, 19.

William Cowper in _The Task_, written 1783-1785, imitated this in his well-known lines:

"Slaves cannot breathe in England; if their lungs Receive our air, that moment they are free.

They touch our country and their shackles fall."

[7] I use the spelling in Lofft. The State Trials and Lord Campbell have "Somersett" and "Steuart."

[8] This was in direct opposition to the opinion of Sir Philip Yorke, Attorney General (afterwards Lord Chancellor Lord Hardwicke) and Sir Charles Talbot, Solicitor General (afterwards Lord Chancellor Lord Talbot) who had pledged themselves to the British planters for all the legal consequences of Slaves coming over to England. The law of Scotland agreed with that of England.

[9] See _e.g._, Vinogradoff, _Villeinage in England_, pa.s.sim. Hallam's _Middle Ages_ (ed. 1827), Vol. 3, p. 256; Pollock and Maitland, _History of English Law_, Vol. 1, pp. 395, sqq. Holdsworth's _History of English Law_, Vol. 2, pp. 33, 63, 131; Vol. 3, pp. 167, 377-393.

[10] See Pollock and Maitland's _History Eng. Law_, Vol. 1, pp. 1-13, 395, 415; Holdsworth's _Hist. Eng. Law_, Vol. 2, pp. 17, 27, 30-33, 131, 160, 216.

[11] "So spake the fiend and with necessity, The tyrant's plea, excused his devilish deeds."

Paradise Lost, Bk. 4, ll. 393, 394.

Milton a true lover of freedom well knew the peril of an argument based upon supposed necessity. Necessity is generally but another name for greed or worse.

[12] For example, the Statute of (1732) 5 Geo. II, c. 7, enacted, sec.

4, "that from and after the said 29th September, 1732, the Houses, Lands, Negroes and other Hereditaments and real Estates situate or being within any of the said (British) Plantations (in America) shall be liable" to be sold under execution. Note that the Negroes are "Hereditaments and Real estate," as were the villeins--a rule wholly different from that of the French law.

[13] His Commission is dated November 28, 1763, Shortt & Doughty, _Const.i.tutional Doc.u.ments_, 1759-1761, pp. 126, sqq.

[14] _Canadian Archives, Murray Papers_, Vol. II, p. 15: the Quebec Act mentioned immediately below is (1774) 14 George III, c. 83.

In 1774 the well known Quebec Act reintroduced the former French Canadian law in civil matters while it retained the English law in criminal matters; but the change made no difference in the condition of the slave.

[15] The three which follow I owe to the interesting paper of Mr. E.