On the Issue of Slavery in New York State – Albany Times Union

On the Issue of Slavery in New York State

By Don Rittner

The recent decision by Albany Mayor Kathy Sheehan on unilaterally decidinig to bring down the Philip Schuyler statue because he had slaves shows the ignorance that most local politicians have on the issue of Slavery.

While all agree that slavery was legal, accepted, and being practiced for thousands of years, there was an epiphany by many of the early New York State forefathers that slavery should be abolished. It was not an easy thing to do, particularly in the Hudson Valley, which housed the largest number of slaves. Present day Albany and New York City have the dubious claim to fame to where it all began in the 17th century in our state.

New Yorkers like John Jay, Alexander Hamilton, George Clinton, James Duane, Daniel Tomkins, Philip Schuyler and others made it their business to try and end slavery through legal means and make amends for sins of the past. It was not easy considering at the time that Albany was settled by the Dutch and Philip Schuyler, who himself was from a wealthy and prestigious Dutch family, had to go against his own people to convince a still Dutch stronghold such as Albany that it needed to abolish a system that was always here. Many Albanians and landowners owned slaves for example:

Killian K Van Rensselaer, Patrick Clark, John Jac. Beeckman, Robert Yates, John W. Watkins, Francis Nicolle, Leonart Gansevoort, Thomas Lottridge, Nicholas Frats, Gilbert Jenkins, Renier I. Van Irveren, John Ten Broeck, James Caldwell, Abraham Ten Broeck (12 slaves), Pieter Schuyler, first mayor of Albany, and son Philip Schuyler (13 slaves, most of the hard work on his farm was done by white tenant farmers according to the Schuyler Mansion Web site), to name a few.

Between 1646-1820 there were 250 enslavers in Albany County with a total of 4,288 slaves. The total Capital District of Albany, Schenectady, and Troy had 250, 228, and 977 respectively for a total of 728 slaveholders with 6,345 slaves during this period. By 1820 there were 645 free blacks living in Albany.

Abolishing slavery in New York was an evolutionary process and the New York State law makers grappled with it by passing law after law. The best summary of this process was published in Documents of the Senate of the State of New York 124th Session in 1901. It included a State Library Bulletin History No. 4 written by ex -judge A. Judd Northrup.

Since there has been so much erroneous comments made about slavery in NYS on Facebook and elsewhere, and about particular people like Schuyler, here is the section verbatim on the legislative history of slavery in New York.

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 1/2% of the entire population. Up to this time there had been little legislation tending to mitigate 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 able bodied 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 registering 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 in tents 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 foeit 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 an other 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 be liable to support and maintain such slave, if the same slave shall become unable to support and maintain himself or herself.

The law relating to manumission thus became, in substance:

1 Slaves under 50 years of age and able to support and maintain themselves, and so certified by the proper officers, might be manumitted by will or otherwise, without security being given for their future support in case they should become unable to support themselves. The master was thus freed from all farther liability on their account.

2 Any other slave, whatever his age or condition or ability, might be manumitted by will or otherwise, and become free on a bond being given for his support in case of his becoming unable to support himself.

3 If any person, by will or otherwise, manumitted a slave, and no certificate or security was given, the slave nevertheless be came free; but the owner, executors and heirs were liable for the support of the slave if he became unable to support himself.

On the subject of manumission, compare the colonial act of Dec. 10, 1712; Gov. Hunters letter to the Lords of trade, Nov. 12, 1715; the act of Nov. 2, 1717 (the result of Gov. Hunters letter) and the act of Oct. 29, 1730.

Chapter 28, laws of 1790, passed Mar. 22, 1790, An Act to amend the act entitled An Act concerning slaves, provided that slaves convicted of crime under the degree of a capital offense might be transported by the master or mistress out of the state, on the certificate of the court trying the offender, that transportation would be a proper punishment; also allowed appeals to the court of general sessions from the refusal of overseers of the poor to grant certificates for manumission of slaves appearing to be under 50 years of age and of sufficient ability to provide for themselves.

Chapter 17, laws of 1792, authorized the state treasurer to reimburse towns supporting slaves manumitted by the state on the confiscation of the estates of their owners; provided they were supported as other poor persons were.

The Quakers were among the earliest opponents They, however, sometimes owned slaves, but in many instances manumitted them, often without regard to the requisite formalities. The legislature by an act passed Mar. 9, 1798, confirmed such manumissions.

Efforts were made by the prominent statesmen of New York, soon after the formation of the state, to secure the abolition of slavery. The following, from Bancroft, reveals the feeling of the wiser men of that generation:

In the constituent convention of New York, Gouverneur Morris struggled hard for measures tending to abolish domestic slavery, so that in future ages every human being who breathed the air of the state might enjoy the privileges of a freeman. The proposition, though strongly supported, especially by the interior and newer counties, was lost by the vote of the counties on the Hudson. Jay lamented the want of a clause against the continuance of domestic slavery. Still, the declaration of independence was incorporated into the constitution of New York; and all its great statesmen were opposed to slavery. All parts of the common law, and all statutes and acts repugnant to the constitution, were abrogated and repealed by the constitution itself.

The New England states and Pennsylvania moved more promptly and effectually in applying the principles of the declaration of independence, the logical outcome of which was the abolition of slavery. New Jersey lagged behind. Even in the southern states there was a strong feeling in favor of some plan for the gradual removal of slavery, which, doubtless, would have culminated in legislative action but for the sudden and disastrous increase in the value of slave labor.

Finally, however, Mar. 29, 1799, New York passed its first great act (laws of 1799, ch. 62) for the gradual abolition of slavery. It enacted:

That any child born of a slave within this state after the fourth day of July next, shall be deemed and adjudged to be born free: Provided nevertheless that such child shall be the servant of the legal proprietor of his or her mother, until such servant if a male shall arrive at the age of twenty-eight years, and if a female at the age of twenty-five years.

That the master of the mother shall be entitled to the services of such child.

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On the Issue of Slavery in New York State - Albany Times Union