From the subscriber, Daniel Craney, a black man, a regular indented servant, whoever is found harbouring or employing the said Daniel, will be prosecuted to the utmost rigour of the law – he is between 40 and 50 years of age, of middle stature and stout made. Whoever will bring the said man back, shall be handsomely rewarded for their trouble. James Norris. Fort Ellis, Nov. 6.
From the subscriber, an indented apprentice, by the name of James Full, about 18 years of age – had on him when he went away, a blue jacket and trowsers, a glazed hat, is a little marked with the small pox – this is to caution any person or persons to harbour the said apprentice as legal steps will be taken to prosecute any person who will harbour the said James Full, and any information given so that he may be apprehended, a handsome reward will be given by Asa Scott. Jan 27.
From the subscriber, at Mount Pleasant, Shibbenaccadie, a Apprentice of the name Patrick O’Brein, of the age of 18 years, had on a black jacket, Blue and white trousers, and waistcoat homemade, about five ft. seven inches high, dark brown hair, large blue eyes, rather slim made, white long features a very handsome set of teeth.
Also, a mulatto, of the name James Lucas, about 30 years of age – Had on round jacket and trowsers, about five ft. ten inches high – Also a black man of the name of James Trenner, stout made; light, short, blue and white cotton home made coat – They are supposed to have gone off together. Whoever will stop either of the above described persons and keep them, in such a manner that the subscriber may recover them again, shall recieve Forty shillings for each, and all reasonable expences paid – and all Captains and Masters of vessels are hereby forbid at their peril to carry either of the above described persons out of the province, as they shall answer to the most rigid statutes of law in that case provided, and all others are hereby forbid to harbour either of them. William Jenkins. Mount Pleasant, July 24th, 1815.
From the subscriber Nov 7th, Francist Best, an indented (sic) Apprentice, about 15 years of age, something thick set, round face, grey eyes, turn’d up nose, speaks low, had on when he went away, light grey full cloth coat, homespun blue and white striped woolen waistcoat, light blue plain cloth woollen trowsers and felt hat. This is to caution all persons against harbouring or employing said apprentice, as also, all Masters of Vessels are hereby cautioned against taking said apprentice on board either to transport him out of this Province or to any other part of the same, as the subscriber is determined to prosecute all such persons with the utmost rigour of the law, and any person who will bring said apprentice to his master or give certain information so that he may be obtained shall be handsomely rewarded by the subscriber. Geo Gillmore, Horton, Nov 8.
On Friday the 19th of February 1813, James Hashman, an indentured apprentice to the Subscriber, aged 18 years, light complexion, down cast look and stout made; had on when he went away a snuff coloured Jacket and brown trowsers. He may be known by a scar on his left hand (across tow of his fingers) which occasions two nails to grow on one finger. This is to caution all persons against harbouring the said apprentice, as they will be prosecuted to the utmost rigour of the law. N.B. One shilling reward for his apprehension. Thomas Wilson, Feb. 27.
“That most people get sick is not surprising,” wrote indentured servant Gottlieb Mittelberger in 1750. “Warm food is served only three times a week …. such meals can hardly be eaten on account of being so unclean. The water which is served on the ships is often very black, thick and full of worms …. the biscuit is filled with red worms and spiders nests.”
Worm-filled water and spider-infested biscuits seemed vile enough, yet conditions could and did get worse for some traveling to the New World. Consider the fate of the Virginia Merchant. In 1649 the Virginia Merchant, filled with 350 men, women, and children, battled a two-front war: the elements and famine. The ship lost its mainmast in a storm off the coast of Cape Hatteras and fought tempests for eleven days. Food ran low, and men and women bartered over the many rats that infested the ship’s hull. The captain put the weakest ashore on an uninhabited island.
As death took its toll upon the sick, “the living fed upon the dead.” Danger from inhumane conditions and danger from the sea made for a horrendous and potentially life-threatening voyage. Thus were the immigrants initiated to the realities of a new life. The voyage was a foretaste of what was to come.”
“A brief history of indentured servitude can illustrate exactly what being indentured meant in the seventeenth and eighteenth centuries. Indentured servitude was by no means a Virginian invention; one must go to the mother country to find its origins. Agricultural servitude was a traditional form of dependent service in England: it was a renewable, annual contract. The master hired servants in order to increase labor potential beyond the bounds of his family. This type of service was highly suited to the early modern English economy, which was agriculture-based.
Although the precedent for contract labor was established in England, indentures to the colony evolved to better suit the New World. Whether in England or in Virginia, the indenture or contract was a vital part of the business transaction between master and servant. The indenture was a legal contract backed by law. The contractual tradition in England was conducive to the tobacco culture of Virginia. During the seventeenth century, the white servant was more significant than the slave in supplying the demand for labor. In 1683 there were twelve thousand of these quasi-slaves in Virginia, composing about one-sixth of the population.
White indentured servants and their masters came to Virginia mainly from England. According to historian Wesley Frank Craven, the servant’s place of origin was an important issue. Because of the predominance of those of English origin in Virginia, Craven suggested that their identification with the traditions of the common law was significant. From the tradition of common law came the statutes governing the life of the indentured servant.”
“It is instructive to compare the laws created specifically for the indentured white with those for a free person clandestinely marrying a servant. A 1661 law stated: “If any person being free shall clandestinely marry with a servant, he shall pay the Master of the servant 1500 lbs of tobacco or a years service plus a year ( extra) from the servant.”38 While it is true that free persons could be forced to serve the offended master for a period of time, the punishments were less severe than those for the indentured servant. The free person would generally be subjected to fines…
Should children be born from a secret marriage or out of wedlock during the mother’s term of indenture in Virginia, the children would be indentured to the parish until age 21 if male and until age 18 if female. Laws requiring the forced servitude of a child of such a union were harsh if one considers that the average term of indenture for those entering voluntarily was four years. In addition to forced servitude for any children, the mother would serve an extra year in indenture and pay the master 1000 lbs of tobacco (half a year’s work was usually equated with 500 lbs of tobacco). The father must give security to the churchwardens for the sum of 20 shillings for the care of the child. Fornication was also illegal.”
Howard, Penny (1999) “Bound to Serve: Indentured Servitude in Colonial Virginia, 1624-1776,” The Corinthian: Vol. 1 , Article 4. Available at: https://kb.gcsu.edu/thecorinthian/vol1/iss1/4
“In his notes, Starbuck (1762-1829) wrote: “Not only the floors and the platforms are entirely covered with bodies, but the bodies actually touch each other, how wretched must have been their situations…” His descendant said it was likely that, as a young man in whaling, Starbuck had witnessed aspects of slavery first-hand. “It would have been almost inconceivable for them not to have come across slavery in some form or other in various ports that they visited.”” https://historyfirst.com/quaker-abolitionists-unseen-anti-slavery-archive-to-go-under-the-hammer/
“The Starbuck family were prominent in the Anti-Slavery movement both in the UK and the USA. Having been involved in the founding of Nantucket, members of the family emigrated to Milford Haven in Pembrokeshire, South Wales after the American Revolutionary War and continued their successful Whaling business. The family who were Quakers were active abolitionists throughout the 18th and 19th centuries.”
“The Starbuck family, originally from Derbyshire, emigrated to Dover in the North American colony of New Hampshire in about 1635. The island of Nantucket, off Massachusetts, was granted to Thomas Mayhew and his son in 1641; they combined with others to buy the island from its Indian owners. By c. 1660, Nathaniel Starbuck was one of the associates. In 1725, Nathaniel Starbuck of Sherborn, blacksmith, granted land to his son Paul, including land that had formerly belonged to his brother Barnabas. Paul Starbuck described himself in his will of 1759 as a glazier; Samuel Starbuck described himself as a mariner in 1745, as a glazier in deeds dated between 1751 and 1763, and as a merchant, 1772-1783. In 1791 Samuel Starbuck, now of [Dartmouth], Nova Scotia, merchant, sold Samuel Starbuck & Co. to William Hussey of Sherborn, merchant. Samuel Starbuck’s will was proved at Canterbury in May 1805. Samuel Starbuck of Nantucket, mariner, bought the sloop Unity in 1745, with all appurtenances, except for some whaling equipment. The first American Quaker whalers arrived in Milford Haven, Pembrokeshire, from Nantucket in 1792. The Starbuck family is said to have sailed to Milford Haven on the whaler Aurora. By 1800, Daniel Starbuck held land in Milford and Steynton, and had goods distrained for the non-payment of tithes in four of the six years 1810-1815. Samuel Starbuck probably died in 1819, when his estate included half of the stock in trade of Daniel & Paul Starbuck, joiners (£5,020), the lighter Upton Castle, and the brig Diligence. The Starbucks were related to the Penrose family of Waterford, Ireland, merchants, who were fellow Quakers.”
This “authors apology” perfectly describes how I feel about Dartmouth specifically and Nova Scotia in general as it relates to all of the people, so I had to include it. Anything that seemed to relate to Dartmouth I’ve included here as follows:
“THE AUTHOR’S APOLOGY: This little messenger, presented to the public, is a collection of information gained from many of the oldest members of the Churches in the Association, where records were imperfectly kept, and, in many instances, none whatever. I am aware that every person who attempts a work of this kind is left open for public comment or criticism. And as I make not the faintest attempt to literary attainments, I must claim your sympathy.
My simple aim is to place in the hands of every [black] Baptist in Nova Scotia a copy of this little book, in order if possible to give them some idea of how it came about that there should be a Church built by one who had so shortly escaped from the ranks of slavery, fled from the house of bondage, and could attract so much attention and sympathy from a British public, as the subject of our little book— Rev. Richard Preston— born in Virginia, a slave.”
“As far back as 1785, one hundred and ninety-four [black] persons arrived here from St. Augustine, who were joined by another arrival of over four hundred, seven years later; and about the same time a similar number were landed at Shelburne.
Many of these people embraced religion in the United States, under adverse circumstances, and were glad to know that they had a part in the Saviour’s sufferings, which assisted them to endure their own. They were given grants of land by the Government a few miles from the city to cultivate for their support. Those who had trades, such as carpenters, blacksmiths, and coopers, remained, and readily got work in the city at fair remuneration. These were troublesome times between the provinces and the United States, and as loyalists were arriving constantly the [black] people would correspondingly increase. Mr. Burton, who was better known by the [black] brethren as Father Burton, had established a Baptist church in the city, wherein they found a home, on Barrington Street, just were the present Aberdeen building now stand. They were spiritually cared for by this servant of God. As time increased so did these people; and little settlements were formed at Preston, Dartmouth, Cherry brook. Loon Lake, Beech Hill, Campbell Road, Musquodoboit Road, Fall River, and at Hammond Plains. At all of these places Father Burton preached, baptized, married, and buried his flock, as he called them. Having proved himself so wise an administrator of justice that the civil authorities gave him entire control of these people whilst he remained their pastor.”
“THE AFRICAN BAPTIST CHURCH, CORNWALLIS ST. Organized April 14th 1832, With Branches at Dartmouth, Preston, Beech Hill, Hammond Plains. Resolved, That the said Rev. Richard Preston be now received and acknowledged as minister of the said African Baptist Church; Resolved further, That the officers of said Church be as follows: …Dartmouth — Pastor: Rev. R. Preston. Deacon: Samuel Jones. Elder: Jeremiah Page. The above branches, viz., Dartmouth, Preston, Beech Hill, and Hammond Plains, were organized into independent churches as soon as their membership increased.”
“PRESENT OFFICERS OF THE ABOVE CHURCHES — 1895. …Dartmouth — Pastorless. Licentiate: Jas. Borden. Deacons: A. Green, J. Tynes, C. Smith, D. Lee, W. Riley, T. Tynes. Councillors: R. Tynes, sen’r, A. Brown, J. Bauld, R. Tynes, jun’r, R. C. Tynes. Treasurer: D. Lee. Clerk: F. J. Bauld.”
Rev. R. Preston, Pastor; S. Jones, Deacon; Jeremiah Page, Elder.
Members names: J. Gerrow, T. Robinson, S. Gibson, G. Gibson, K. Gordon, J. Johnson, D. Franklyn, E. Franklyn, E. Brown, E. Bowers, R. Tynes, M. Woods, J. Symonds, M. A. Symonds, M. Thomas, E. Connix, C. Johnson, T. Cox, Mrs. Gilmore, Mr. Page.
Those who joined after the organization, date omitted, but previous to 1850: L. Gross, L. Williams, S. Morton, M. Goffigan, R. Spriggs, C. Brown, M. Green, J. Quinn, Mar. Green, D. Gross, H. Ross, M. A. Brothers, E. Rollins, E. Lee, P. Brown, A. Carter, G. Carter, T. Carter, I. Peters, M. A. Butler, T. Parker, J. Graves, J. Cassidy, T. Tynes, sr., Jas. Brown, A. Brown, W. Sparks.
Present members: R. Tynes, sr., R. Tynes, jr., T. Tynes, jr., G. Tynes, H. Tynes, R. E. Tynes, A. Brown, F. Reilly, sr., J. Dean, G. Middleton, J. Bauld, A. Willis, M. Jenkins. R. Bauld, F. Reilly, jr., Wm. Sparks ; Sisters : R. Jenkins, M. Tynes, A. Tynes, M. Smith, M. Bauld, L. Lee, C, Smith, J. Johnson, M. Middleton, M. Bauld, S. Lee, T. Brown, II. Brown, A. Brown, Mar, Tynes, E. Cuff, A. Smith, Sarah Lee, A. Lee, M. Bundy, M. Bowden, Eva Green, A. Kane, M, Reilly, H. Burns, M. J. Bauld, M. E. Bauld, Mrs. Henderson, E. Reilly, J. Johnson.
The church at present has no settled pastor. Bro. Borden, licentiate, has been supplying with much acceptance. The brethren so manages that a unity of spirit is kept up, which is the grand success of any church. When a good thing is suggested by any of the members, there is a general taking hold of by all. They agree with the idea that there are diversities of gifts, and readily give way when the superior presents itself. Dr. Kempton, pastor of the Dartmouth church, often preaches to them, and other city pastors. This christian recognition is very stimulating and highly appreciated by the brethren. Father Burton in his day preached to those people, but few of the present generation remember him. Father Preston, who succeeded him, preached to them for a number of years. An aged brother not long ago informed the writer that he elicited large congregations when it was made known he was to preach. On one occasion a large skeptical crowd had assembled, when several of the respectable ruffians agreed not to allow him to preach, and for fear of creating a fracas his brethren thought best to postpone the meeting. Said he we will go outside, as the grace of God gives me sufficient power over men and devils, hence I fear neither. At first they thought to have matters their own way, but after he got to work and prayed for the power of the Holy Spirit, both saint and sinners were rejoicing, all was perfect peace. Tears were shed in abundance from strong men, courage failed them; and many who for the first time heard him, felt themselves in need of a Saviour; from this broke out a large reformation. At the close of the meeting some of those very men came forward and acknowledged their guilt, and asked for prayers; and not long after some were baptized, and lived consistent members all through life’s journey. Father Thomas pastored these people until 1879. Although there had been a division in the church, he stuck to the few who held to their first love. After his death the church united, and Father Smithers became their pastor, which charge he held until his death; when he was succeeded by Rev. F. R. Langford, who held the charge until 1892; when in 1886, under his ministrations, 20 were baptized; in 1887, 5; in 1888, 6; in 1891, 1; in 1892, 5; and in 1893, 1. The Brother’s work was arduous, and covered a considerable amount of ground. The field is a good one, as the people are active, intelligent and observing.
The greatest drawback to the growth of the church is the distance from the town, the travelling in stormy weather being unpleasant. Another draw-back is the continual drain on the membership, through the tide of emigration, which is always on the move; and were it not for tho interest taken by those who remain at home, the doors would be necessarily closed. Brother Borden, the present supply, is a licentiate who is very acceptable to the church, and it is to be hoped that under his labours, with the assistance of the Holy Spirit’s power, the church will increase in numbers and influence, and live in delighted expectations of being crowned with spiritual glory by the King of Kings and Lord of Lords.”
“MARRIAGES PERFORMED BY REV F. R. LANGFORD, . WEYMOUTH. Dartmouth : — Sept. 29th, 1885, Jas. Brown to M. Tynes; Nov. 14th, 1893, H. Kane to Ag. Brown ; Aug. 17th, 1887, F. J. Bauld to M. Lee ; A. Tynes to L. Berryman ; A. Brown to Ruth Wise ; T. Tynes to M. Medley.”
McKerrow, P. E. (Peter E.), 1841?-1906; Bill, I. E. (Ingram E.), 1805-1891. “A brief history of the coloured Baptists of Nova Scotia and their first organization as churches” [Halifax N.S.? : s.n.] https://archive.org/details/cihm_25950/page/n11/mode/2up
This publication speaks to the legal status of Slavery as it existed in the Maritimes at the turn of the 19th century, having been published in 1802. The seemingly overpowering narrative of Americans as slave-holders and the British as abolitionists isn’t so neat and tidy when one looks into the particulars, as this case in Nova Scotia plainly shows. While Somerset v. Stewart in 1772 found a black slave couldn’t be taken from England to Jamaica (or to other plantations) to be sold, a black slave anywhere other than in England proper was in the same state as before that case (until The Slavery Abolition Act 1833, 3 & 4 Will. IV c. 73).
The efforts of individual North American colonies, later States, to bring about abolition within their own Constitutions gradual or otherwise was a process that began before the war for Independence and which picked up steam, at least in many northern States, shortly thereafter (with many succeeding nudges from the Federal government.)
Whereas in Nova Scotia — left behind in terms of the revolution, with no written Constitution or a Bill of rights of its own with which to declare slavery illegal — the law was based upon that of England’s, owing to its place as a colony outside the realm, meaning the benefits to a black slave from the Somerset case weren’t applicable within the Province. Indeed a number of slaves in Nova Scotia arrived with those loyalists who had escaped the northern states during the revolution in order to continue on under the crown (with a right to their “moveable property” intact), unlike in Massachusetts and other northern states, where abolition was on the agenda and where self government made it a possibility. “All men are born free and equal, and have … the right of enjoying and defending their lives and liberties.”
From the legal opinions delivered here, with a concurrence by none other than England’s Attorney General at the time, it seems clear that slavery was indeed legal in every British colony outside the realm. A black slave who had landed in England would at once be a free person, though they may be on the hook for services owed, at least for a period of up to seven years as a kind of converted apprentice — whereas if that same black slave had left England again, he could once again be considered the property of his (previous) master.
Trover, according to the Epitome of the Law of Nova Scotia, (Vol. 3, 69-70) “is an action on the case grounded on a legal fiction. The plaintiff in the form of this action states, that the defendant found certain goods of his, and converted them to his own use. The alleged finding of the goods need not be proved, nor indeed need the conversion of them to the defendant’s use. It is sufficient for the plaintiff to prove, -1. That he (the plaintiff) had either an absolute or special property in the goods, at the time the defendant obtained them, and that this property was accompanied with a right of possession. 1 T.R. 56, 7 T. R. 398, 7 T. R. 9, 13. -2. That the defendant had assumed a property wrongfully in the goods, either by tortious taking. (1 Stark. N. P. C. 173) by using or disposing of them as his own. (6 East. 540,) or by a refusal to deliver them to the owner, when required to do so. This action may be brought, in many cases where trespass would lie. -Cro. Eliz. 824. Cro. Jac. 50. and it is very generally used, as a means of trying ownership of moveable property, where a doubt or dispute exists about it. The Plaintiff recovers damages for the injury he has sustained.“
The case revolved around Col. Delancy’s slave (named Jack), who ran away to Halifax from Annapolis looking for paying work. Delancy wanted to be compensated for the loss of “his property”, hence his action of Trover, to retrieve the value of his “moveable property”. It’s hard to imagine such a system in operation today, but it’s useful to know the particulars on the subject of the eventual abolition of slavery in Nova Scotia, whose practice at the time of this publication was already slowly waning but which receives little attention in comparison to other jurisdictions where the practice was perhaps more of a feature.
In contrast to England, which paid off the estates of slave masters for more than 150 years after converting their slaves into indentured servants, perhaps to avoid war; those in Nova Scotia and the Maritimes more generally chipped away at the practice, compensation to slave masters being an individual matter for the Courts to decide, as seen here. No sweeping reforms against slavery were introduced in the Maritimes, but that might be owing to the fact none were possible beyond creative maneuvers in the courts — any such bill would’ve required Royal Assent, it’s highly unlikely that it would have been acquired.
“Opinions of Several Gentlemen of the Law, On the Subject of Negro Servitude, In the Province of Nova-Scotia”. St. John [N.B.]: Printed by John Ryan…,1802. https://hdl.handle.net/2027/aeu.ark:/13960/t2r50p677
