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CHAPTER XVII.
THE COLONY OF DELAWARE.
Оглавление1636–1775.
The Territory of Delaware settled in part by Swedes and Danes, anterior to the Year 1638.—The Duke of York transfers the Territory of Delaware to William Penn.—Penn grants the Colony the Privilege of Separate Government.—Slavery introduced on the Delaware as early as 1636.—Complaint against Peter Alricks for using Oxen and Negroes belonging to the Company.—The First Legislation on the Slavery Question in the Colony.—An Enactment of a Law for the Better Regulation of Servants.—An Act restraining Manumission.
Anterior to the year 1638, the territory now occupied by the State of Delaware was settled in part by Swedes and Danes. It has been recorded of them that they early declared that it was "not lawful to buy and keep slaves."429 But the Dutch claimed the territory. When New Netherlands was ceded to the Duke of York, Delaware was occupied by his representatives. On the 24th of August, 1682, the Duke transferred that territory to William Penn.430 But in 1703 Penn surrendered the old form of government, and gave the Delaware counties the privilege of a separate administration under the Charter of Privileges. Delaware inaugurated a legislature, but remained under the Council and Governor of Pennsylvania. But slavery made its appearance on the Delaware as early as 1636.431
"At this early period there appears to have been slavery on the Delaware. As one Coinclisse was 'condemned, on the 3d of February, to serve the company with the blacks on South River for wounding a soldier at Fort Amsterdam. He was also to pay a fine to the fiscal, and damages to the wounded soldier.' On the 22d, a witness testifying in the case of Governor Van Twiller, (the governor of New Neitherlands before Kieft,) who was charged with neglect and mismanagement of the company's affairs, said that 'he had in his custody for Van Twiller, at Fort Hope and Nassau, twenty-four to thirty goats, and that three negroes bought by the director in 1636, were since employed in his private service.' Thus it will be seen that slavery was introduced on the Delaware as early as 1636, though probably not in this State, as the Dutch at that time had no settlement here."432
And on the 15th of September, 1657, complaint was made that Peter Alricks had "used the company's oxen and negroes;" thus showing that there were quite a number of Negroes in the colony at the time mentioned. In September, 1661, there was a meeting between Calvert, D'Hinoyossa, Peter Alricks, and two Indian chiefs, to negotiate terms of peace. At this meeting the Marylanders agreed to furnish the Dutch annually three thousand hogsheads of tobacco, provided the Dutch would "supply them with negroes and other commodities."433 Negroes were numerous, and an intercolonial traffic in slaves was established.
The first legislation on the slavery question in the colony of Delaware was had in 1721. "An Act for the trial of Negroes" provided that two justices and six freeholders should have full power to try "negro and mulatto slaves" for heinous offences. In case slaves were executed, the Assembly paid the owner two-thirds the value of such slave. It forbade convocations of slaves, and made it a misdemeanor to carry arms. During the same year an Act was passed punishing adultery and fornication. In case of children of a white woman by a slave, the county court bound them out until they were thirty-one years of age. In 1739 the Legislature passed an Act for the better regulation of servants and slaves, consisting of sixteen articles. It provided that no indentured servant should be sold into another government without the approval of at least one justice. Such servant could not be assigned over except before a justice. If a person manumitted a slave, good security was required: if he failed to do this, the manumission was of no avail. If free Negroes did not care for their children, they were liable to be bound out. In 1767 the Legislature passed another Act restraining manumission. It recites:—
"Section 2. And be it enacted by the honorable John Penn, esq. with his Majesty's royal approbation, Lieutenant Governor and Commander in Chief of the counties of New-Castle, Kent and Sussex, upon Delaware, and province of Pennsylvania, under the honorable Thomas Penn and Richard Penn, esquires, true and absolute proprietaries of the said counties and province, by and with the advice and consent of the Representatives of the freemen of the said counties, in General Assembly met, and by the authority of the same, That if any master or mistress shall, by will or otherwise, discharge or set free any Mulatto or Negro slave or slaves; he or she, or his or her executors or administrators, at the next respective County Court of Quarter Sessions, shall enter into a recognizance with sufficient sureties, to be taken in the name of the Treasurer of the said county for the time being, in the sum of Sixty Pounds for each slave so set free, to indemnify the county from any charge they or any of them may be unto the same, in case of such Negro or Mulattoe's being sick, or otherwise rendered incapable to support him or herself; and that until such recognizance be given, no such Negro or Mulatto shall be deemed free."434
The remainder of the slave code in this colony was like unto those of the other colonies, and therefore need not be described. Negroes had no rights, ecclesiastical or political. They had no property, nor could they communicate a relation of any character. They had no religious or secular training, and none of the blessings of home life. Goaded to the performance of the most severe tasks, their only audible reply was an occasional growl. It sent a feeling of terror through their inhuman masters, and occasioned them many ugly dreams.
429 Dr. Stevens in his History of Georgia, vol. i. p. 288, says, "In the Swedish and German colony, which Gustavus Adol phus planted in Delaware, and which in many points resembled the plans of the Trustees, negro servitude was disallowed." But he gives no authority, I regret.
430 See Laws of Delaware, vol. i. Appendix, pp. 1–4.
431 Albany Records, vol. ii, p. 10.
432 Vincent's History of Delaware, p. 159.
433 Ibid., p. 381.
434 Laws of Delaware, vol. i. p. 436.