The Journal of Negro History, Volume 5, 1920

During the session of this Legislature two colored men were given clerkships at the capitol: young Bob Norton, whose father represented York, in that body, was given a place in the General Land Office, while Richard De Baptist, of Mecklenburg county, was given a desk in the 2nd Auditor's office. A white physician, Dr. David F. May, of Petersburg, was made Superintendent of the Central Lunatic Asylum, for colored people, his two assistants being colored physicians, Dr. J.C. Ferguson, of Richmond, and Dr. R.F. Tancil, of Alexandria. A number of colored men were put on as guards at the State Penitentiary. Capt. R.A. Paul, of Richmond, was made private messenger to the Governor. So numerous were the places filled by colored men, that that particular period, and the one that followed, have been indicated in the phrase, having a political bearing: "When they lived, they lived in clover: but, when they died, they died all over."

Those were thrilling times. I remember, a year or two later, when I had just become of age, I was elected a delegate to the State Convention, which was held in the old Richmond Theater on Broad St. There were over thirteen hundred delegates, only about a fifth being colored. The writer was elected the first assistant secretary of that gathering. That convention marked the passing of the "re-adjuster" party into the Republican, and, under the dominance of Senator Mahone, the slogan of the Convention was, "We are for Arthur, because Arthur is for us." I hope that what I have thus very hurriedly written may prove of some value to you in the preservation of the annals of Virginia as respects the black man.

Respectfully yours,(Signed)   George Freeman Bragg, Jr.

P.S. I want to correct a statement. There were two of us in the Lower House. Clinton Paige, and myself, were in the lower chamber, and Moseley on the Senate side. I began my first work of the ministry in Norfolk in 1887, and about that time the Hon. R.G.L. Paige was appointed Postmaster of Norfolk City. He really ran the office. I have spent many a pleasant moment with him in his office there. It will be interesting to state just here, that "Dick" Paige made his escape from Norfolk by way of the Under Ground Railroad, only a little fellow of nine or ten years of age, secreting himself in a vessel leaving that port. He was educated in Boston. After the civil war he returned to Norfolk.

Round about the same time that I took charge in Norfolk, John C. Asbury, now of Philadelphia, was practising law in Norfolk Co. and city. Norfolk county is one of the largest and richest counties in the State. Asbury was elected by the voters of that county Prosecuting Attorney, and to my own knowledge, he most acceptably filled the office during the term of four years, I think, for which he was elected. He was recognized as one of the able political leaders of that section. Captain Fields was elected and served as Commonwealth's Attorney of Newport News and Warwick county. Rev. J. M. Dawson was the county treasurer where the ancient capital Williamsburg is situated, while a Mr. Mitchell, for a number of years was the Collector of Customs for the historic port of Yorktown.

(Signed) G. F. B., Jr.

Phone 4512

E.W. Sherman, Vice PresidentGuaranty Mutual Life & Health Insurance Co774 E. Waldburg St., Savannah, GaFeb. 8th, 1920.

Prof. Monroe N. Work,

Tuskegee, Ala.

My dear Mr. Work:

I have perused with considerable interest your review of the political history of the Reconstruction period. I have gotten from the review quite a bit of useful information. In my opinion, this particular part of your research work should be in the hands of every Negro in America that every Negro child might know something of the early exploits of colored men.

As a pointer for further work I want to state that succeeding Phil. Joiner of Dougherty County, Georgia, Ishmael London represented that county. J.H. Watson of Albany could furnish detail information. Jack Horne of Pulaski County was Clerk of the Court of Pulaski County and Richard White was Clerk of Chatham County Court during the period under discussion. Mrs. Hannah Benefield or Mr. Edward Cary of Hawkinsville will give authentic information regarding the former and P.A. Denegall will furnish information regarding "Dick" White.

We are pleased to follow you in your statistical ramblings because we love to connect you with us here and to recall your presence among us. We cherish very deeply your memory and applaud your efforts for racial uplift.

The madam joins me in wishing for you a long and useful career—a happy and prosperous one.

Respectfully,(Signed)   E. W. Sherman.February 14, 1920.

Mr. J. H. Watson,

Albany, Georgia.

Dear Sir:

As you may already know, I have been for a considerable time collecting information about the colored persons who were members of State Legislatures during the reconstruction period. A list of these members as far as I have been able to collect them was published in the January number of the "Journal of Negro History."

Mr. E.W. Sherman of Savannah, Georgia, after reading my article, wrote to me that Phil Joiner, Dougherty County, was succeeded by Ishmael London. He stated that you could give me further information concerning this. Will you not, as Mr. Sherman suggests, send to me the names of all of the colored men whom you know to have represented Dougherty County in the Georgia Legislature and as near as you can, the date that they were members of the Legislature.

Thanking you in advance for your courtesy and appreciating an early reply, I am

Yours very truly,M. N. Work,Editor Negro Year Book.Albany, Georgia.    February 21, 1920

Prof. Monroe Work,

Tuskegee Inst.,

Tuskegee, Ala.

Dear Sir:—

Replying to your letter of the 14th inst., I beg to state that I cannot give you the dates as I was quite a boy and do not remember, but Phil Joiner served one term, was followed by Israel London, who served two terms, and who was followed by Howard Bunts, who served one term. In Thomas County, Rev. Jack Carter was a member, but I do not remember the dates.

Yours very truly,Signed—          J.H. Watson.Carnegie Public LibraryP. A. Denegall, LibrarianSavannah, GeorgiaFebruary 24, 1920.

Prof. Monroe Work,

Tuskegee, Alabama.

Dear Sir:

I am in receipt of yours of 14th inst., seeking information relative to the occupancy of the clerkship of Chatham Superior Court, by the late Richard W. White, during reconstruction period.

In reply I beg to say, that at the period, about which you desire information, I was too young a boy to have any adequate or understanding knowledge of the political affairs or status of that period, so that I have no first hand knowledge of the matter upon which you desire information. All I know about the late Mr. White's clerkship is only what I gleaned in conversation with my father, and as he paid no special attention to dates, simply telling me of things taking place during reconstruction, I have only by that means, knowledge of some things without the dates of their occurance.

I am very sorry I cannot give you the information you desire, I should be glad to do so if I could.

May I add that I have read your article in the January "Journal of Negro History" on "Some Negro members of reconstruction conventions and legislatures." I note that the name of the late Prof. John McIntosh, late principal of Mape St. School of this city is omitted from the list of colored members of Georgia legislature. He was a member of the Georgia House of Representatives, representing Liberty County in the "80's" a few years after his graduation from Atlanta University. As far as I know he was the most thoroughly educated colored man to have had the privilege of being a member of the Georgia Legislature. I knew him intimately. We were pupils at Beach Institute, this city at the same time, later fellow students at Atlanta University. Again regretting that I am not able to give the desired information, I am

Very truly yours,Signed—          P. A. Denegall.Saybrook, Conn.February 14, 1920.

Mr. Monroe N. Work,

Tuskegee Institute

Alabama.

My dear Sir:

I have read with keen interest the facts presented by you in the Journal of Negro History for January 1920 on "Some Negro Members of Reconstruction Conventions etc."

I have known intimately Gen. Samuel Smalls and his family in Beaufort, S.C. and Miss Olive Rainey and her mother, daughter and wife of Joseph H. Rainey; Miss Mamie Hayne of S.C. daughter of Henry E. Hayne.

One daughter of Gen. Smalls still lives in the paternal home in Beaufort, where are the books and personal possessions of her distinguished father. She was companion and house-keeper for him in his late years; she is doubtless able to furnish much valuable information.

Brothers of Henry E. Hayne still live, though they do not identify themselves with the Negro race. The daughter does, however, and has friends of her father's generation who could help in building up a Hayne's history.

Among the relatives is the mother of my husband and a large family of relatives, the older ones of whom lived thro' Reconstruction Days in South Carolina.

Miss Rainey and her mother live in Springfield, Massachusetts.

My own family on the maternal side is descended from George Houston, member of the Alabama Legislature 1868-70.

I have long felt that the last opportunity to collect data concerning this interesting period in our history, is while this present generation lives; the next generation will have no interest in it.

If I can assist you in collecting facts from these people who knew intimately the men of whom you write, I should be glad to do so.

I feel that the best way to do this would be for you to send me a set of questionnaires which I might send to these friends with letters.

I am trying thro' the Department of Archives and History of Alabama and the Congressional Library to locate material which will illuminate the life of George Houston.

If what I have written is of interest to you, then I am glad that I have written. And can I be of assistance, I shall be glad to make further contribution if possible.

Sincerely,(Signed)   Helen James Chisholm,Mrs. Frank P. Chisholm.

367

For example in Garneau's Histoire du Canada (1st Edit) Vol. 2, p. 447 after speaking of correspondence of 1688-9 referred to in the text he says of the answer of the authorities in Paris:

"C'était assez pour faire échouer une enterprise, qui aurait greffé sur notre société la grande et terrible plaie qui paralyse la force d'une portion si considérable de l'Union Américaine, l'esclavage, cette plaie inconnue sous notre ciel du Nord"—"That was effective to strand a scheme which would have engrafted upon our society that great and terrible plague which paralyses the energies of so considerable a part of the American Union, Slavery, that plague unknown under our northern sky."

368

He was sold by David Kertk or Kirke the first English Conqueror of Quebec. England held her conquest only from 1629 to 1632, if it be permissible to call Kirke's possession that of England when he was repudiated by his country.

Relations des Jesuites, 1632, p. 12: do. do. 1633, p. 25. Much of the information which follows concerning slavery in Quebec is taken from a paper in the Memoirs of the Historical Society of Montreal, 1859, De L'esclavage en Canada, written by M. Jacques Viger and Sir L.H. Lafontaine. I have made an independent investigation and am satisfied that the facts are truly stated. This general acknowledgment will prevent the necessity of particular reference.

In a local history of Montreal Memoirs de la Société Historique de Montreal 1869, p. 200, there is a reference to Panis slaves in Montreal in 1670.

369

"Mais il est bon de leur faire remarquer qu'il est à craindre que ces nègres, venant d'un climat si différent, no périssent en Canada et le projet serait alors inutile." "Il est à craindre" that the prospect of "le projet" being "inutile" was more alarming than that of "ces nègres" perishing in frozen Canada.

370

The name Pani or Panis, Anglicized into Pawnee, was used generally in Canada as synonymous with "Indian Slave" because these slaves were usually taken from the Pawnee tribe. It is held by some that the Panis were a tribe wholly distinct from the tribe known among the English as Pawnees—e.g., Drake's History of the Indians of North America. Those who would further pursue this matter will find material in the Wisconsin Historical Collections, Vol. XVIII, p. 103 (note); Vigor and Lafontaine, L'Esclavage en Canada cited above n. 2; Michigan Pioneer and Historical Collections, Vol. XXVII, p. 613 (n); Vol. XXX, pp. 402, 596; Vol. XXXV, p. 548; Vol. XXXVII, p. 541. From Vol XXX, p. 546, we learn that Dr. Anthon, father of Prof. Anthon of Classical Text-book fame, had a "Panie Wench" who, when the family had the smallpox "had them very severe" along with Dr. Anthon's little girl and his "æltest boy"—"however they got all safe over it and are not disfigured." Thwaites, an exceedingly careful writer, in his edition of Long's Travels, Cleveland, 1904, says in a note on page 117; "Indian Slavery among the French was first practised in the Illinois Country." He gives no authority and I know of none.

371

Referred to in Chalmers' Collection of Treaties between Great Britain and Other Powers, London, 1790, p. 328: Pap. Off. B. 25.

372

We shall see later in this work that by the English law, the "villein" was real property and in the same case as land: also that when Parliament came to legislate so as to make lands in the American Colonies liable for debts, "Negroes" were included in "hereditaments" and therefore "real estate."

373

Thus early do we find the Abolitionist getting in his fiendish work—the enemy of society, of God and man!

374

This ordinance is quoted (Mich. Hist. Coll., XII, p. 511, 517) and its language ascribed to a (non-existent) "wise and humane statute of Upper Canada of May 31, 1798"—a curious mistake, perhaps in copying or printing.

In Kingsford's History of Canada, Vol. 2, p. 507, we are told: "In 1718, several young men were prosecuted on account of their relations with Albany carried on through Lake Champlain. One of them, M. de la Découverte, had made himself remarkable by bringing back a Negro slave and some silver ware. One of the New York Livingstones resided in Montreal and was generally the intermediary in these transactions. The author adds in a note: "This negro must have been among the first brought to Canada."

375

"A peine d'amende arbitraire et de plus grande peine si le cas y escheoit."

376

Canada was at this time divided into three Jurisdictions or Districts—those of Quebec, Trois Rivières and Montreal.

377

There are trifling variations in the English text in the several versions in the Capitulations and Extracts of Treaties relating to Canada, 1797; Knox's Journal, Vol. 2, p. 423: Documents relative to the Colonial History of the State of New York, Vol. 10, p. 1107. That in the text is from Shortt & Doughty's Constitutional Documents 1759-1791, Canadian Archives Publication, Ottawa, 1907. There is no substantial difference in terminology and none at all in meaning. I give the French version, as to which there is no dispute: "Les Nègres et panis des deux Sexes resteront En leur qualité d'Esclaves, en la possession des françois et Canadiens à qui Ils apartiement; Il leur Sera libre de les garder à leur Service dans la Colonie od de les vendre, Et Ils pourront aussi Continuer à les faire Elever dans la Religion Romaine."

378

The Province of Ontario is the proud possessor of many of Paul Kane's sketches.

379

Now the Royal Canadian Institute. The paper appears in Series II of the Transactions, Vol. 2, p. 20 (1857).

The use by the Indians of Slaves is noted very early: for example in Galinée's Narrative of the extraordinary voyage of LaSalle and others in 1669-70 the travellers are shown to have obtained from the Indians, slaves as guides. See pp. 21, 27, 43 of Coyne's edition, 4 Ont. Hist. Soc. Papers (1903). These Indians were accustomed to take their slaves to the Dutch. Ibid., p. 27.

Still there is not very much in the old authors about slavery among the Indians: the references are incidental and fragmentary and the institution is taken for granted. Thus in Lescarbot's History of New France, published in 1609, the only reference which I recall is on pp. 270, 449 of The Champlain Society's edition, Toronto, 1914; speaking of the Micmacs the author says: " … the conquerors keep the women and children prisoners … herein they retain more humanity than is sometimes shown by Christians. For in any case, one should be satisfied to make them slaves as do our savages or to make them purchase their liberty."

380

It will be remembered that the ancient law of Rome, the Twelve Tables, authorized creditors to take an insolvent debtor, kill him and divide his body amongst them, a real execution against the person more trenchant if not more effective than the capias ad satisfaciendum dear to the English lawyer.

381

Everyone has shuddered at the awful picture drawn by Juvenal in his Sixth Satire of the fashionable Roman dame who had eight husbands in five years and who ordered her slave to immediate crucifixion. When her husband mildly ventured to suggest that there should at least be some evidence of guilt and that no time should be considered long where the life of a man is in question he was snubbed, just as the Roman lady who was expostulated with for taking her bath in the presence of man slaves asked "An servus homo?" The horrible but pithy dialogue reads:

"Pone crucem servo." "Meruit quo crimine servusSupplicium? Quis testis adest? Quis detulit? AudiNulla umquam de morte hominis cunctatio longa est""O demens, ita servus homo est? Nil fecerit, estoHoc volo, sic jubeo, sit pro ratione voluntas."—Juvenal, Sat., VI, ll. 219-223.

"The cross for the slave!" "What is the charge? What is the evidence? Who laid the information? Hear what he has to say—No delay is ever great where the death of a man is in question." "You driveller! So a slave is a man! Have it your own way—he did nothing. I wish it, that is my order, my wish is a good enough reason."

The natural death for a Roman slave was on the cross or under the scourge.

382

Constantine also by his Constitution No. 319 provided for slaves becoming free: the Constitution referred to in the text is No. 326. The best short account of slave legislation in Rome which I have seen is in a paper read by the late Vice Chancellor Proudfoot of the Ontario Court of Chancery, February 7, 1891, before the Canadian Institute. Trans. Can. Ins., Series IV, Vol. 2, p. 173. Many of the judgments of Vice Chancellor Proudfoot (venerabile nomen) show a profound knowledge and appreciation of the Civil Law.

The following is taken from Prof. Sherman's great work Roman Law in the Modern World, Boston, 1917. The learned author has laid philosophical lawyers of all countries under heavy obligations by this splendid book, as noted for its lucidity as for its learning.

Vol. I, 69. "To inflict unnatural cruelty upon—and finally to kill—a slave was prohibited by Augustus Claudius and Antoninus Pius. Moreover, because by natural law all men were born free and equal (see Digest, 50, 17, 32) the Emperor often restored to slaves the status of a freeborn person."

I, 146. "Constantine … abolished crucifixion as a punishment; encouraged the emancipation of slaves...."

I, 150. " … It is regrettable that Christianity did not change other parts of the Roman law of persons which ought to have been reformed. The chief example of this failure is slavery, which the law of Justinian fully recognized. The inertia of past centuries as to slavery was too great to be overcome. St. Paul's attitude towards slavery was to recognize the status quo, and he did not counsel wholesale emancipation. But Christianity continued the progress of the pagan law along the lines of mercy and kindness, e.g., to poison a slave or brand him was treated in later Imperial Roman law as homicide, and manumission was made easier; but the Church did not recognize the marriage of slaves until over 300 years after Justinian's death."

II, 434, "In Roman law … the slave was a thing or chattel—nothing more legally. Slaves could no hold property—slaves could not marry, their actual unions were never legally recognized."

II, 436, "With the advent of Greek culture and Christianity the harsh manners of ancient Rome became greatly altered."

II, 828, "One feature of the Lex Aquilia is … that it granted an action in damages for the unlawful killing of … the slave of another man." Inst., 413, pr; Gaius 3, 210.

II. 829, " … the owner had his option either of suing the culprit for damages under the lex Aquilia or of causing him to be criminally prosecuted." Inst., 4, 3, 11 Gaius 3, 213.

II, 935, "A free person called as a witness could not be subjected to torture, but a slave could be tortured."

383

See this Treaty which was concluded at Paris, February 10, 1763 "au Nom de la Très Sainte & indivisible Trinité, Pere, Fils & Saint Esprit"—Shortt & Doughty, Constitutional Documents, 1759-1791, pp. 73 sqq.

384

What we now call Lake Nipissing.

385

See the Proclamation, Shortt & Doughty, Const. Docs., pp. 119, sqq.

386

Per Hargrave, arguendo, Somerset v. Stewart (1772), Lofft 1, at p. 4; the speech in the State Trials Report was never actually delivered.

387

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

388

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 entitled 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 nobler 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 lungsReceive our air, that moment they are free.They touch our country and their shackles fall."

389

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

390

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.

391

See e.g., Vinogradoff, Villeinage in England, passim. 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.

392

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.

393

"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.