DuBois's estimates assumes that all "blacks were "slaves," and some are incorrect as not including the complete census.

SLAVERY UNDER STATE GOVERNMENT

from 1776 to 1827, and SUPPLEMENTAL

When New York came to statehood in 1776 it had a population, as we have seen, of about 169,148 whites and 21,993 blacks, or the "blacks" constituted about 11% of the entire population. Up to this time there had been little legislation tending to miti gate the hardships of slavery, or indicating any relaxation of the old idea that slaves were to be regarded and treated solely as property. The colony of New York was no worse, and perhaps no better, in this respect than the other colonies.

The declaration of independence and the wide promulgation and general discussion of the doctrines of freedom and the "rights of man", however, threw a new light on the subject. The "self-evident" truth that "all men are created equal, that they are endowed, by their Creator, with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness," though intended by its proclaimers to apply to white men only, was yet seed sown in many minds and hearts, where it grew into doubts at least of the rightfulness of negro slavery. "Liberty and equality" was a phrase that shook all Europe when shouted in revolutionary France; and it made men think beyond the old limitations of race lines when reechoed in America. The revolutionary fathers, Washington, Jefferson, Patrick Henry, Madison, and many others, voiced what was perhaps a not uncommon sentiment among the better and more intelligent classes at this time, in declaring slavery to be an evil and a wrong, and in expressing the hope and belief that it would speedily come to an end in the republic. If this sentiment prevailed to some extent in the southern states, where slaves were numerous and slavery profitable, as we know it did, it is reasonable to believe that, to an equal if not greater extent, it pervaded New York and the other northern states, where slaves were few in number and their employment was of little pecuniary value.

The exigencies of the war of the revolution were the cause of the first state legislation mentioning slaves. The war had dragged along for five years, and the drain on the scanty population to supply the needs of the army had been severe. There had never been an extreme reluctance to use free negroes as soldiers, and these had fought side by side with white men all through the war thus far; but it was a pressing need indeed that made the whites willing to employ slaves as soldiers. The emergency, however, was great, and Mar. 20, 1781 was passed "An Act for raising two regiments for the Defense of this State, on Bounties of unappropriated Lands."

In the act was the following:

VI. And be it further enacted by the authority aforesaid, That any person who shall deliver one or more of his or her ablebodied male slaves to any warrant officer as aforesaid, to serve in either of the said regiments or independent corps, and produce a certificate thereof, signed by any officer or person authorized to muster and receive the men, to be raised by virtue of this act, and produce such certificate to the surveyor general, shall, for every male slave so entered or mustered as aforesaid, be entitled to the location and grant of one right, [to 500 acres of bounty lands], in manner as in and by this act is directed; and shall be, and hereby is discharged from any future maintenance of such slave; any law to the contrary notwithstanding; and such slave, so entered as aforesaid, who shall serve for the term of three years, or until regularly discharged, shall, immediately after such service or discharge, be, and is hereby declared to be a free man of this state.

This was followed, soon after the war, by an act, passed May 12, 1784 entitled "An Act for the speedy sale of the confiscated and forfeited Estates within this State, and for other Purposes therein mentioned," referring to estates forfeited to the state "by attainder or conviction in the progress of the late war." It contained the following provision:

And be it enacted by the authority aforesaid, That the said commissioner or commissioners shall, out of any monies which may come into his or their hands for rents, make suitable provision for the support and maintenance of any slave or slaves who may be found unable to support themselves, and who belonged to, and have not been disposed of by any person or persons, whose

respective estates have become confiscated or forfeited to the people of this state.

This act was so amended May 1, 1786 as to manumit all negro slaves become the property of the state, by the attainder or conviction of any person whomsoever, and in the possession of the commissioners of forfeitures, who were required to provide, at the expense of the state, for the comfortable subsistence of all old and feeble slaves unable to gain a subsistence, so forfeited in their respective districts.

An act, with the misleading title, "An Act granting bounty on hemp to be raised within this state," etc. "and for other purposes", was passed Ap. 12, 1785. It provided:

That if any negro or other person to be imported or brought into this state from any of the United States or from any other place or country after the first day of June next, shall be sold as a slave or slaves within this state, the seller or his or her factor or agent, shall be deemed guilty of a public offense, and shall for every such offense forfeit the sum of one hundred pounds lawful money of New York, to be recovered by any person who will sue for the same in an action of debt, in any court of this state having cognizance of the same, together with costs of suit. . . That every such person imported or brought into this state and sold contrary to the true intent and meaning of this act shall be freed.

Also,

That when any person or persons hereafter shall be disposed to manumit his, her or their slave or slaves, and shall previous thereto procure a certificate signed by the overseers of the poor (or the major part of them) of the town, manor, district or precinct, together with two justices of the peace of the county where such person or persons shall reside, and if in the counties of New York or Albany then from the mayor or recorder any two of the aldermen certifying that slave or slaves appear to be under fifty years of age, and of sufficient ability to provide for themselves, and shall cause such certificates of manumission to be registered in the office of the clerk of the town, manor, district or precinct, in which the master or mistress may reside, that then it shall be lawful for such person or persons to manumit such slave or slaves without giving or providing any security to indemnify the town, manor, district or precinct; and such slave or slaves so manumitted shall be deemed, taken and adjudged to be free; and the clerk for regis

tering such certificate shall be entitled to two shillings and no

more.

That if any person by his or her last will or testament shall give his or her slave or slaves, being at the death of the testator or testatrix under fifty years of age and likewise of sufficient ability to provide for themselves, to be certified in the manner aforesaid, such freedom given as aforesaid shall, without any security to indemnify the town, manor, district or precinct, be deemed, taken and adjudged to be good and valid to all intents and purposes, any law, usage or custom to the contrary notwithstanding.

That all negroes, and other persons of any description whatsoever commonly reputed and deemed slaves shall forever hereafter have the privilege of being tried by a jury in all capital cases according to the course of the common law.

"An Act concerning slaves ", passed Feb. 22, 1788, and being chapter 40 of the laws of that year, was a revision of the existing laws of the state relating to slaves. It was the first deliberate expression of the state legislature on the whole subject of slavery, and it may be taken as an exhibit of the temper of the people at that time on that subject. As such, it is worth reproducing, in substance at least. It enacted:

That every negro, mulatto, or mestee, within this state, who at the time of the passing of this act, is a slave, for his or her life, shall continue such, for and during his or her life, unless he or she, shall be manumitted or set free, in the manner prescribed in and by this act, or in some future law of this state.

That the children of every negro, mulatto or mestee woman, being a slave, shall follow the state and condition of the mother, and be esteemed, reputed, taken and adjudged slaves to all intents and purposes whatsoever.

That the baptizing of any negro, or other slave, shall not be deemed, adjudged, or taken, to be a manumission of such slave.

It was further enacted that slaves should not be imported or those imported since June 1, 1785, sold as slaves, under a penalty of £100, to be sued for by action of debt, the person imported and sold to be free; that any person buying or receiving a slave with intent to remove such slave out of this state, to be sold, should fofeit £100, and such slave be free.

It enacted prohibitions against concealing or harboring runaway slaves; against trafficking with slaves; against selling liquor to slaves; made owners of slaves liable to the persons damaged by thefts committed by slaves, to the amount of £5 or under; slaves to be committed to prison for striking a white person.

Slaves were to be entitled to jury trials in capital cases; slaves not to be witnesses in any case, except in criminal cases in which the evidence of one slave was to be admitted for or against another slave.

Masters were forbidden to allow their slaves to go about begging. Pretended sales of aged or decrepit slaves to persons unable to keep and maintain them forbidden, and such sales declared void. Manumission of slaves regulated, to same effect as in laws of 1785, ch. 68 (given above, passed Ap. 12, 1785). To those provisions were added in this act the following:

That if the owner or owners of any other slave, shall be disposed, to manumit and set at liberty, such slave, and such owner or owners, or any other sufficient person, for, or in behalf of such slave, shall and do, at the court of general sessions of the peace, for the city or county, where such negro or other slave shall dwell or reside, enter into a bond, to the people of the state of New York, with one or more surety or sureties, to be approved by such court, in sum, not less than two hundred pounds, to keep any slave from becoming or being any charge to the city, town or place within this state, wherein such slave shall at any time, after such manumission, live, the said slave shall be free, according to such manumission of the owner or owners of such slave.

And further, if any such slave hath been or hereafter shall be made free, by the last will and testament of any person deceased, and if the executor or executors of such person so deceased, or in case of the neglect or refusal of such executor or executors, if any other sufficient person, for, and in behalf of such slave, shall and do, enter into such surety as aforesaid, in manner aforesaid, then the said slave shall be free, according to the true intent and meaning of such last will and testament. And moreover, that if any person shall, by last will or otherwise, manumit or set free, his or her slave, and no such certificate or security as aforesaid be given or obtained, such slave shall nevertheless, be considered as free from such owner, his or her executor, administrator and assigns. But such owner, his and her heirs, executors and administrators, shall remain and