The Journal of Negro History, Volume 3, 1918. Various
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in this section came in the unsuccessful filibustering expedition of the Tennessee lawyer, William Walker, who undertook to establish to the south in Sonora, a State with a constitution like that of Louisiana, basing his advocacy of slavery on the lofty grounds of civilizing the blacks and liberating the whites from manual labor. To explain the meaning of this expedition Bancroft considers it sufficient to point out that Jefferson Davis was Secretary of War at that time and that the Gadsden purchase was then under consideration.35 In 1852 Peachy of San Joaquin introduced a resolution to allow fifty southern families to immigrate into California with their slaves. Some of them came without permission but on finding that they could not legally hold their slaves, they sent a part of them back while others became free.
In 1852 the Legislature passed a rigid Fugitive Slave Law intending to bar slavery from the State. The mischievous clause of this measure was that all slaves who had escaped into or were brought to California previous to the admission of the State to the Union were held to be fugitives, and were liable to arrest under the law, although many of them had been in the State several years, during which they had accumulated considerable property. The pro-slavery element not only profited by this, but the interpretation of this law by many of the Judges enabled them to bring their slaves into the State, work them in the mines, and return to the south and back to slavery with their Negroes.36
If they did not wish the trouble of their return passage they auctioned them off to the highest bidder. It also enabled them to make fortunes by selling to the slaves their freedom, charging them twice and often thrice the price he could have possibly brought on the other side of the Rocky Mountains.37 In certain southern counties of the State it was unpopular to speak in behalf of the slaves. In 1855 Chase and Day, two Abolitionists of Alameda County, were ridden on a rail, ducked and otherwise maltreated.38 That same year expired the Fugitive Slave Law which had been renewed from year to year to enable slave-owners to reclaim fugitives who had sought refuge in that State prior to its admission to the Union. Fearing that this might be followed by other legislation hostile to their class, the Negroes held a convention in San Francisco that year to discuss their rights, their treatment by the white people, politics, principles and necessity of education. The Fugitive Slave Law was not reenacted.
Many slaves, however, asserted their rights. Such was the case of Archy, a slave brought by one Charles A. Stoval from Mississippi to California in 1857. After hiring Archy out for some time Stoval undertook to return him to Mississippi. Archy escaped and was arrested as a fugitive. Stoval sued out a writ of habeas corpus for his possession and the case came before the Supreme Court for adjudication. Peter Burnett, formerly Governor, who had been appointed justice of that court by Governor Johnson in 1857 and filled the office until 1858, presided. As Burnett was a southern man, his decision was foreshadowed. He decided that although Stoval could not sustain the character of either a transient traveler or a visitor and under the general law was not entitled to Archy, but he yet held that there were circumstances connected with the particular case that might exempt him from the operation of the rules laid down. One of the circumstances was that Stoval was traveling for his health; another, that he was short of means upon arrival in California; and still another, that this was the first case of the kind. He, therefore, ordered Archy to be turned over to Stoval. Joseph G. Baldwin, who succeeded Burnett, characterized the decision as "giving the law to the North and the Negro to the South."39 After being delivered to Stoval, Archy was taken to San Francisco, but his friends there sued out a writ of habeas corpus for his liberation before Judge Thomas W. Freelon, of the County of San Francisco. While this case was pending, however, Stoval swore to a new affidavit that Archy escaped from him in Mississippi and procured a warrant from George Pen Johnston, United States Commissioner, for his arrest as a fugitive slave from Mississippi. Archy was then discharged by Judge Freelon. He was immediately rearrested and taken before George Pen Johnston, who decided that Archy was in no sense a fugitive from Mississippi and discharged him.40
The tendency to free the Negroes brought there checked the importation of that class. The rights of the master to his slave, however, were not easily relinquished and the institution of slavery in California did not come to an end until 1872. Freedom, however, had to win and the pro-slavery element had to change its policy. In 1856 and 1857 efforts were made to call a convention to change the constitution so as to permit the importation of slaves, for with the expiration of the Fugitive Slave Law in 1855, slave-owners who held minors had to return them to slave States or let them go free. Since the Negroes brought into the State could in most cases become free the pro-slavery party then sought to get rid of the free Negro.
In his message to the legislature in 1850, Governor Burnett recommended the exclusion of free Negroes. This was always Burnett's hobby. He incorporated this into the laws of Oregon when he revised them in 1844. Burnett had been brought up in the South and although he had ceased to be a slaveholder, he could not think of living with Negroes as freemen. The exclusion of the blacks too had a sort of popular appeal in it. The legislature, however, was divided on the question as to what should be done with the free Negro. A bill in compliance with the wishes of the Governor was introduced but defeated. Undaunted by this, however, the enemy of the free Negroes won a victory in another quarter in enacting a law that no black or mulatto person or Indian should be permitted to give evidence in any action to which a white person was a party. The leaders of the Negroes held another convention in 1856 to protest against this law. Another bill providing for the prohibition of the immigration of free persons of color into the State was introduced in 1858 and after much debate put through both houses, but it never became a law. The black code, of course, was abrogated after the Civil War.
DOCUMENTS
CALIFORNIA FREEDOM PAPERS 41
To determine the sources of the Negroes first brought into California their treatment by the whites and the methods employed to obtain their freedom no documents are more valuable than the manumission papers found in the archives of that State. These throw much light also on the personal history of Negroes, many of whom later became useful citizens of that State.
E. H. Taylor
to
Dennis Aviery
To all whom it may concern; This is to certify that Dennis Aviery has been my Slave in the State of Georgia for about the term of eight years but by virtue of money to me in hand paid he is free and Liberated from all allegiance to my authority. Coloma Eldorado county California Feb. 8, 1851
Witness George Soall
State of California
Eldorado Co.
On this eight day of February, A.D. 1851 personally appeared before me the recorder of said County. E. H. Taylor, satisfactory proved to me to be the person discribed in and who executed the foregoing instrument of liberating his negro slave by the oath of George Scall, a competent witness for that purpose by me duly sworn and the said E. H. Taylor acknowledged that he executed the same freely and voluntarily for the use and purposes therein mentioned. In testimony the thereof, I, John A. Reichart; Recorder for the said county have hereunto signed my name, and affixed the seal of said office at Coloma this day of year first above written
Filed for Recording February, 8, 1851 at 9, oclock A.M.
J. A. Reichart Recorder's office Record Book42
Samuel Granthan
to
Aleck Long
State of California
Eldorado County
Know all men by these presents that I Samuel Grantham of the county and state aforesaid, acting by power
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.—
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, "
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.—
Bancroft, "
Bancroft, "
These Documents were collected by Miss D. L. Beasley and M. N. Work.