The Journal of Negro History, Volume 3, 1918

23

Tuthill, "Hist. of California," 312, 316.

24

Proclamation To the Inhabitants of California.

It having come to the knowledge of the Commander in Chief of the District that certain persons have been and still are imprisoning and holding to service Indians against their will and without any legal contract for service. It is thereby ordered that all persons so holding or detaining Indians shall release them, and permit them to return to their own homes. Unless they can make a contract with them which shall be binding upon both parties. The Indian population must not be regarded in the light of slaves, but it is deemed necessary that the Indians within the settlement shall have employment, with the right of choosing their own master and employment. Having made such a choice they must abide by it, unless they can obtain permission in writing to leave, or the Justice in their complaint shall consider they have just cause to annull the contract and permit them to obtain another employee. All Indians must be required to obtain service and not be permitted to wander about the country in idleness in a dissolute manner. If found doing so they will be liable to arrest and punishment by labor on the public works at the direction of the Magistrate. All officers, Civil or Military under my command are required to execute the terms of this order and take notice of every violation thereof.—Given at headquarters in Yerba Buena.—Signed, John Montgomery. Sept. 15, 1846. Published for the Government of all concerned. Washington A. Bartlett, Magistrate of San Francisco, Sept. 15, 1846.—California Star, Sept. 15, 1846.

25

California Laws, 1849-50, p. 408.

26

Ibid., p. 408.

27

Bancroft, "History of California," VI, p. 313.

28

Ibid., p. 313.

29

The Californian, March 16 and Nov. 4, 1848.

30

Bancroft, "History of California," p. 287.

31

Jour. Cal. Leg., 1850, 372-373.

32

Cong. Globe, 1849-50, App., pt. I, 149-157.

33

Tuthill, "History of California," p. 320.

34

Bancroft, "History of California," VI, pp. 252-253.

35

Ibid., p. 595.

36

Many Negroes were returned to slavery by the Courts. An owner of slaves in Mississippi brought them voluntarily into California before the adoption of the Constitution by the State. The slaves asserted their freedom and for some months were engaged in business for themselves. The owner under the provision of the Fugitive Slave Act of 1852 brought them before the Justice of Peace, who allowed the claim of the owners and ordered them into his custody. The slaves then petitioned for a writ of habeas corpus which came before the Supreme. Court and after hearing the case the Court ordered that the writ be dismissed and the slaves remanded to their owners.—California Reports, II, 424-426.

The case of Alvin Coffey is equally as interesting. This account was given by a lifelong friend of the subject.

Alvin Coffey was born in 1822, in Saint Louis, Missouri. He came to California with his sick master, a Mr. Duvall, who landed in San Francisco, September 1, 1849. They went to Sacramento, October 13, 1849. During the next eight months the slave earned for his master $5,000, working in the mines, and by washing for the miners and mining for himself after night, he earned $700 of his own. As the master continued in poor health he decided to return with Alvin to Missouri at the expiration of two years. When they reached Kansas City, Missouri, the master sold Alvin to Nelson Tindle, first taking from him the $5,000, earned for the master, and also the $700 earned for himself.

Nelson Tindle took a great liking to Alvin and in a short time made him overseer over a number of slaves. Alvin, however, longed to return to California and, in order to earn his freedom, bought his time from his master and took contracts to build railroads. One day Nelson Tindle said to Alvin that he was too smart a man to be a slave and ought to try and purchase his freedom. Whereupon Alvin told him if he would let him return to California, he could easily earn enough money to effect the purchase. Alvin was permitted to return to California, and in a short time sent his master the $1,500 to pay for his freedom. Alvin then undertook to earn the money to pay for the freedom of his wife and daughters, who were slaves of Doctor Bassett, of Missouri. He earned the required sum and returned for his family. After paying for their freedom, he went with them to Canada, where he left his daughters to be educated. He and his wife Mahalia came to California. It cost him for the freedom of himself and family together with the trips to and from California about $7000. See Bancroft, "History of California," VI, p. 382.

37

Some of these cases are more than interesting. Daniel Rodgers came across the plains with his master from Little Rock, Arkansas, worked in the mines in Sonora, California, during the day for his master and at night for himself, earning and paying his master $1,100 for his freedom. Soon afterward the master returned with him to Little Rock and sold him. A number of the leading white gentlemen of Little Rock raised a sum of money, paid for his freedom and set him free. William Pollock and wife from North Carolina came to California with their master who located at Cold Springs, Coloma, California. He paid $1,000 for himself and $800 for his wife. The money was earned by washing for the miners at night and making doughnuts. They removed to Placerville, California, and afterward earned their living as caterers. In 1849, a slaveholder brought his slave to California. Not wishing to take the Negro back to his native State, Alabama, he concluded to sell him by auction. An advertisement was put in the papers, the boy was purchased for $1,000, by Caleb T. Fay, a strong abolitionist, who gave the boy his freedom.

A Mississippi slaveholder brought several slaves from that State and promised to give them their freedom in two years. They all ran away save one, Charles Bates, when they learned that they were already free. The owner, finding mining did not pay, started east, taking Charles with him. On the Isthmus of Panama, Charles was persuaded to leave his master. He returned to California and to Stockton with his true friend. On the street one day he was recognized by a party who had lent money to Charles's master. The debtor got out an attachment for the former slave as chattel property, and according to the State law, the Negro was put up and sold at auction. A number of anti-slavery men bought the boy for $750 and gave him his freedom.—California Reports, I, 424-426.

38

Bancroft, "History of California," VI, p. 716.

39

Bancroft, "History of California," VI, p. 716.

40

Ibid., VI, p. 716.

41

These Documents were collected by Miss D. L. Beasley and M. N. Work.

42

Miscellany, p. 35.

43

Miscellany, p. 545.

44

This paper is from the collection of 105 in the Court House at Eureka. Austin Wiley, whose name appears in the document, was later appointed Superintendent of Indian Affairs for California; and during his term of office did much to bring to a satisfactory termination the trouble then existing between the settlers and the natives.

45

Miscellany, p. 541.

46

These are freedom papers as recorded in the California County Court records, and as they have been found by the California Archivist, Mr. Owen Coy.

47

This court record was obtained by Mr. W. N. Work.

48

Ford edition of Jefferson's Writings, III, p. 102.

49

"Rights of British America," Ford edition of Jefferson's Writings, I, p. 440.

50

"This clause," says Jefferson, in his Autobiography (I, p. 19), "was struck out in complaisance to South Carolina and Georgia, who had never attempted to restrain the importation of slaves, and who, on the contrary, still wished to continue it. Our northern brethren, also, I believe, felt a little tender under those censures; for though their people had very few slaves themselves, yet they had been pretty considerable carriers of them to others."

51

"Their amalgamation with the other color," said he, "produces a degradation to which no lover of excellence in the human character can innocently consent."—Ford edition of Jefferson's Writings, IX, p. 478.

52

Ford edition of Jefferson's Writings, III, p. 243.

53

Ibid., III, p. 250.

54

Ford edition of Jefferson's Writings, IX, p. 303.

55

Ibid., IX, p. 304.

56

Ford edition of Jefferson's Writings, IX, p. 303.

57

Ford edition of Jefferson's Writings, X, p. 290.

58

Transcriber's Note: Missing footnote text in original.

59

Ibid., X, p. 291.

60

Ford edition of Jefferson's Writings, X, p. 292.

61

To General Chastellux, who had proposed to publish in a French scientific paper certain extracts from Jefferson's Notes on Virginia, he wrote the following in 1785:

The strictures on slavery (in the Notes on Virginia) … I do not wish to have made public, at least till I know whether their publication would do most harm or good. It is possible, that in my own country, these strictures might produce an irritation, which would indispose the people towards (one of) the two great objects I have in view; that is, the emancipation of their slaves.—Ford edition of the Writings of Jefferson, III, p. 71.

62

Ford edition of Jefferson's Writings, III, p. 154.

63

Ibid., III, p. 192.

64

Ford edition of Jefferson's Writings, II, p. 247.

65

Ford edition of Jefferson's Writings, II, p. 249.

66

Ibid., III, p. 266.

67

Transcriber's Note: Missing footnote text in original.

68

Transcriber's Note: Missing footnote text in original.

69

Ford edition of Jefferson's Writings, III, p. 267.

70

Ford edition of Jefferson's Writings, III, p. 244.

71

Transcriber's Note: Missing footnote text in original.

72

Transcriber's Note: Missing footnote text in original.

73

Ibid., III, p. 245.

74

Ford edition of Jefferson's Writings, III, p. 245.

75

Ibid., III, p. 245.

76

Ibid., III, p. 246.

77

Ford edition of Jefferson's Writings, III, p. 246.

78

Ibid., III, p. 247.

79

Ibid., III, p. 247.

80

Ford edition of Jefferson's Writings, III, p. 249.

81

Ibid., III, p. 249.

82

Ford edition of Jefferson's Writings, III, p. 138.

83

Ibid., V, p. 377.

84

Ibid., V, p. 379.

85

Ford edition of Jefferson's Writings, V, p. 377.

86

Ibid., IX, p. 246.

87

Ford edition of Jefferson's Writings, IX, p. 261.

88

Ibid., X, p. 344.

89

Ford edition of Jefferson's Writings, II, p. 26.

90

Ibid., III, p. 325.

91

Ibid., III, p. 409.

92

Ibid., III, p. 471.

93

Ibid., IV, p. 410

94

Ford edition of Jefferson's Writings, IV, p. 82.

95

Ford edition of Jefferson's Writings, IV, p. 127.

96

Ford edition of Jefferson's Writings, IV, p. 185.

97

Ibid., IV, pp. 181-185.

98

Ibid., IV, p. 342.

99

Ibid., IV, p. 343.

100

Ibid., V, p. 31.

101

Ford edition of Jefferson's Writings, V, p. 66.

102

Ibid., V, p. 67.

103

Ibid., IX, p. 329.

104

Ibid., IX, p. 477.

105

Ibid., IX, p. 479.

106

Ford edition of Jefferson's Writings, V, p. 6.

107

This refers to "Avenia; or, A Tragical Poem on the Oppression of the Human Species," an antislavery work printed in Philadelphia in 1805.—Note in the Ford edition.

108

Ford edition of Jefferson's Writings, VIII, p. 351.

109

Ibid., V, p. 296.

110

Ibid., V, p. 296.

111

Ibid., VI, p. 349.

112

Ford edition of Jefferson's Writings, VII, p. 168.

113

Ibid., VII, p. 167.

114

Ibid., VIII, p. 340.

115

Ford edition of Jefferson's Writings, VIII, p. 104.

116

Ibid., VIII, p. 162.

117

Ford edition of Jefferson's Writings, VIII, pp. 161, 163.

118

Ibid., VIII, p. 119.

119

Ford edition of Jefferson's Writings, VIII, p. 492.

120

Ibid., IX, p. 477.

121

Ford edition of Jefferson's Writings, IX, p. 478.

122

Ibid., IX, p. 477.

123

Ibid., IX, p. 478.

124

Ibid., IX, p. 479.

125

Ford edition of Jefferson's Writings, IX, p. 515.

126

Ibid., X, p. 76.

127

Ibid., X, p. 76.

128

Ford edition of Jefferson's Writings, X, p. 157.

129

Ibid., X, p. 158.

130

Jefferson MSS. Rayner, 164.

131

Ford edition of Jefferson's Writings, I, p. 5.

132

Ibid., I, p. 51.

133

Ford edition of Jefferson's Writings, VII, p. 310.

134

Ibid., X, p. 200.

135

Ibid., X, p. 292.

136

Ibid., X, p. 293.

137

In 1817 Jefferson had written Thomas Humphreys:

I have not perceived the growth of this disposition (to emancipate the slaves and settle them elsewhere) in the rising generation, of which I once had sanguine hopes. No symptoms inform me that it will take place in my day. I leave it, therefore, to time, and not at all without hope that the day will come, equally desirable and welcome to us as to them. Perhaps the proposition now on the carpet at Washington to provide an establishment on the coast of Africa for voluntary emigrations of people of color may be the corner stone of this future edifice.—Ford edition of Jefferson's Writings, X, p. 77.

138

Ford edition of Jefferson's Writings, X, p. 344.

139

Ibid., X, p. 385.

140

The Philanthropist, July 28, 1837.

141

Ibid.

142

The Philanthropist, June 2, 1837.

143

Cincinnati Morning Herald, June 1, 1844.

144

The Leisure Hour, 1853, II, p. 54.

145

Tyson, Banneker, The Afric-American Astronomer, p. 10.

146

The Atlantic Monthly, XI, p. 80

147

In another particular this same sketch differs from several others, namely, in locating young Banneker at "an obscure and distant country school" with no mention of the oft-repeated assertion that the school was one attended by both white and colored children. The author of the last-mentioned sketch was evidently not sure of these two statements, and therefore did not include them. In fact, he appears not to have been quite sure of the propriety of submitting any sketch at all of this "free man of color" to the distinguished body constituting the Maryland Historical Society, for there was a clear note of apology in his opening declaration that "A few words may be necessary to explain why a memoir of a free man of color, formerly a resident of Maryland, is deemed of sufficient interest to be presented to the Historical Society." But he justified his effort on the grounds that "no questions relating to our country (are) of more interest than those connected with her colored population"; that that interest had "acquired an absorbing character"; that the presence of the colored population in States where slavery existed "modified their institutions in important particulars," and effected "in a greater or less degree the character of the dominant race"; and "for this reason alone," he said, "the memoir of a colored man, who had distinguished himself in an abstruse science, by birth a Marylander, claims consideration from those who have associated to collect and preserve facts and records relating to the men and deeds of the past."—J. H. B. Latrobe in Maryland Historical Society Publications, I, p. 8.

148

Ford edition of Jefferson's Writings, V, p. 379.

149

In the memoir of Banneker, above mentioned, read before the Maryland Historical Society in 1845, and in another memoir of Banneker, read before the same Society by Mr. J. Saurin Norris, in 1854, the estate purchased by Mollie Welsh is referred to as "a small farm near the present site of Baltimore," and "purchased at a merely nominal price." See Norris's Memoir, p. 3.

150

Norris Memoir, p. 4; Williams's History of the Negro Race, p. 386.

151

Tyson, Banneker, p. 10.

152

It is elsewhere given as 7,000, but the earlier record seems to be the correct one.

153

Atlantic Monthly, XI, p. 81.

154

Latrobe, Memoir, Maryland Historical Society Publications, I, p. 7.

155

Ibid., I, p. 7.

156

Banneker would frequently, in answering questions submitted to him, accompany the answers with questions of his own in rhyme. The following is an example of such a question submitted by him to another noted mathematician, his friend and neighbor, Mr. George Ellicott:

A cooper and Vintner sat down for a talk,

Both being so groggy, that neither could walk,

Says Cooper to Vintner, "I'm the first of my trade,

There's no kind of vessel, but what I have made,

And of any shape, Sir,—just what you will,—

And of any size, Sir,—from a ton to a gill!"

"Then," says the Vintner, "you're the man for me,—

Make me a vessel, if we can agree.

The top and the bottom diameter define,

To bear that proportion as fifteen to nine,

Thirty-five inches are just what I crave,

No more and no less, in the depth, will I have;

Just thirty-nine gallons this vessel must hold,—

Then I will reward you with silver or gold,—

Give me your promise, my honest old friend?"

"I'll make it tomorrow, that you may depend!"

So the next day the Cooper his work to discharge,

Soon made the new vessel, but made it too large;—

He took out some staves, which made it too small,

And then cursed the vessel, the Vintner and all.

He beat on his breast, "By the Powers!"—he swore,

He never would work at his trade any more.

Now my worthy friend, find out, if you can,

The vessel's dimensions and comfort the man!

Benjamin Banneker.

We are indebted to Benjamin Hallowell, of Alexandria, for the solution of this problem. The greater diameter of Banneker's tub must be 24.745 inches; the less diameter 14.8476 inches. See Maryland Historical Society Publications, I, p. 20.

157

The Atlantic Monthly, XI, p. 81.

158

The Atlantic Monthly, XI, p. 81.

159

Atlantic Monthly, XI, p. 82.

160

Southern Literary Messenger, XXIII, p. 65.

161

Tyson's Banneker, p. 24.

162

Tyson, Banneker, p. 26.

163

J. H. B. Latrobe's Memoir, Maryland Historical Society Publications, I, p. 8.

164

Atlantic Monthly, XI, p. 82.

165

Tyson, Banneker, p. 51.

166

Mr. McHenry was not only one of the most prominent men of Baltimore, but was several times honored with positions of trust. He was Senator from Maryland in 1781; and as one of the Commissioners to frame the Constitution of the United States, he signed that instrument in 1787. He was also a member of the cabinet of President John Adams as Secretary of War in 1797.—Tyson, Banneker, pp. 50, 51, 52.

167

Maryland Historical Society Publications, I, 1844-48, I, p. 79.

168

A copy of Banneker's letter to Thomas Jefferson and the statesman's reply were published in the Journal of Negro History, III, p. 69.

169

Catholic World, XXXVIII, December, 1883.

170

Washington Star, October 15, 1916.

171

Georgetown Weekly Ledger, March 12, 1791.

172

Tyson, Banneker, p. 37.

173

Tyson, Banneker, pp. 70-71.

174

Tyson, Banneker, pp. 35-60.

175

Records of the Columbia Historical Society, XX, pp. 117-119.

176

The Atlantic Monthly, XI, p. 84.

177

Tyson, Banneker, p. 31.

178

Ibid., p. 31.

179

Catholic World, XVIII, p. 354.

180

Norris's Memoir, Maryland Historical Society Publications, II, p. 75.

181

Federal Gazette and Baltimore Daily Advertiser, October 28, 1806.

182

Norris's Memoir, Maryland Historical Society Publications, II, p. 64.