The Negro trail blazers of California [microform] : a ... - Homestead

OF CALIFORNIA 37
suance to adjournment; prayer by Rev. Willey; the minutes of Saturday's meeting were
read and approved; the chairman announced the receipt of a communication from the
Governor through the Secretary of State, transmitting the election returns from the various
districts of California, together with the names of the delegates elected."
The convention being duly organized, let us see how it dealt with the Negro question
in the formation of its constitution. In the debates in the convention of California, in
the formation of the State constitution, September to October, 1849, by J. Ross Brown,
the following appears: "The 15th Section ofi the report of the committee being under
consideration, 'Foreigners who are, or may hereafter become resiilents of this State, shall
enjoy the same rights in respect to the possession and enjoyment of property as nativeborn
citizens.' Mr. Shannon moved to insert as an additional section the following:
'Neither slavery nor involuntary servitude, unless for the punishment of crime, shall ever
be tolerated in this State.' Mr. Garver moved to amend the amendment by adding thereto
the following: 'Nor shall the introduction of Free Negroes under indenture, or otherwise,
be allowed.' Mr. Hallack moved that a declaration against the introduction of
slavery into California should be inserted in the 'Bill of Rights.' The motion was unanimously
adopted. Mr. Garver had an amendment which he desired to offer as an additional
section.
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Section 19. The Legislature shall at its first session pass such laws as will effectually
prohibit Free persons of color from immigrating to and settling in this State, and to
eventually prevent the owners of slaves from bringing them into the State for the purpose
of setting them free.' He deemed this necessary because the house had already made
provision prohibiting the introduction of slavery, the object of which he thought would
be defeated by a system already in practice. He had heard of some gentlemen, having
sent to the States for their Negroes to bring them here on condition that they should
serve for a specific length of time. He was informed that many had been liberated with
the understanding after serving a few years they were to be set loose in the community.
He protested against this.
' If the people of this Territory are to be free from the herds
of slaves who are to be set at liberty within its borders.***The slave owners possessed of
a hundred Negroes can well afford to liberate them if afterward they engage to serve
them for three years. What is to support them after that Are they to be thrown upon
the community' "
This address wag followed by a lengthy appeal by another member of the Constitutional
Convention, a Mr. Wozencraft, who said among other things: "Mr. President, the
capitalist will fill the land with these living labor machines with all their attending evils.
Their labor will go to enrich the few, and impoverish the many.***The Legislature may,
and doubtless will, pass laws effectual in preventing blacks from coming to or being
brought here, but it will be an extended evil even at that date when this constitution goes
forth without a prohibitory clause relating to the blacks."
This address was followed at length by Mr. Jones, who spoke as follows :
"I stand
upon the floor as a representative of a community of California which has a right to be
heard upon the question; a part of California that is determined to carry this provision
into effect. It is a question of immense importance to the mining district of California;
it is to these districts that are threatened ; it is not to the South, but it is to these mining
districts where the money is to be made that these persons will go.***The danger is this:
the citizen of the southern States whose slaves are gaining nothing will emancipate them
under certain contracts of servitude. Slaves are worth from $300 to $400 in Mississippi;
it would be a very good speculation to bring them herq to serve either in the mines or
for a certain time as servants. We know that such is the intentions and it has been
manifested to members of this house by private letters received from the States."
This gentleman was immediately followed by Mr. Snyder: "Let us make a calculation
about the matter for the Yankees are a calculating nation and they are making calculations
every day on the other side of the sunny ridge. Wlhat is a Negro worth in Missouri
That is, take the average value, say $600; well, what is the clear profit that a
slave holder in Missouri or Kentucky calculates to derive from the labor of each ablebodied
man per year $160 to $200. Then the slave will yield $200 a year from the time
he is 16 years of age until he is 50 years of age, which will net the owner $6800 up to
the time that he may be considered useless, to say nothing of sickness or death. Then
we can see that if the owner makes $6800 from the labor of each slave he is doing as much
as can be expected in a general way. Now supj)ose that the slave holder will say: 'Mose,
if you will go with me to California, I will give you your freedom, after working there four
years, or I will give you your freedom now, and have indentures made for the fulfillment
of this agreement.' Do you suppose, Mr. President, Mose would object No, never.