USA > Pennsylvania > A pioneer outline history of northwestern Pennsylvania > Part 33
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" VII. And for the more effectual discouragement of servants imbezzling their masters' or owners' goods, Be it enacted, That whosoever shall clan- destinely deal or traffic with any servant, white or black, for any kind of goods or merchandise, without leave or order from his or her master or owner, plainly signified or appearing, shall forfeit treble the value of such goods to the owner; and the servant if a white, shall make satisfaction to his or her master or owner by servitude, after the expiration of his or her time, to double the value of the said goods; And if the servant be a black, he or she shall be severely whipped, in the most public place of the township where the offence was committed."
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ACT OF 1705
" SECTION 2. Provided, That no person shall be kept in prison for debt or fines, longer than the second day of the next session after his or her com- mitment, unless the plaintiff shall make it appear that the person imprisoned hath some estate that he will not produce, in which case the court shall examine all persons suspected to be privy to the concealing of such estate ; and if no estate sufficient shall be found, the debtor shall make satisfaction by servitude to the judgment of the court where such action is tried (not exceed- ing seven years if a single person, and under the age of fifty and three years, or five years if a married man, and under the age of forty and six years) if the plaintiff require it; but if the plaintiff refuse such manner of satisfaction, according to the judgment of the court as aforesaid, then and in such case the prisoner shall be discharged in open court.
" SECTION 3. Provided, That nothing in this act contained shall be con- strued to subject any master of ship or other vessel, trading into this province from other parts, to make satisfaction for debt by servitude as above said."
Up to 1842 this law of Pennsylvania authorized the imprisonment of men for debt. The act of July 12 of that year abolished such imprisonment. Quite a number of men were committed to the old jail in Brookville because of their inability to pay their debts. Sometimes their friends paid the debt for them, and sometimes they came out under the insolvent debtor's law. Be- low I give an exact copy of an execution issued by 'Squire Corbet, a justice of the peace in Brookville :
" JEFFERSON COUNTY, SS.
" The Commonwealth of Pennsylvania to James Cochran, constable of borough, greeting: Whereas judgment against Stephen Tibbits for the sum of 5 dollars and 27 cents and the costs was had the 6th day of Jany, '39, before me, at the suit of Heath, Dunham & Co .: These are therefore in the name of the commonwealth, to command you to levy distress on the goods and chattles of the said Stephen Tibbits, and make sale thereof according to law to the amount of said debt and costs, and what may accrue thereon, and make return to me in twenty days from the date thereof; and for want of goods and chattels whereon to levy, you are commanded to convey the body of said Stephen Tibbits to the jail of the said county, the jailer whereof is hereby commanded to receive the same, in safe custody to keep until the said debt and costs are paid, or otherwise discharged by due course of law. Given under my hand and seal the 15 day of May, 1841.
" JAMES CORBET."
This execution was numbered 811. The debt was $5.27; interest, 60 cents ; justice's costs, 25 cents ; execution and return, 2012 cents ; total, $6.321/2. The whole sum was paid May 26, 1841.
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By the act passed April 8, 1785, entitled " An Act for establishing the office of a register of all German passengers who shall arrive at the port of Philadelphia, and of all indentures by which any of them shall be bound servants for their freight, and of the assignments of such servants in the city of Philadelphia," it was provided that the register should understand and speak both German and English languages, and that he could have "all the powers and authorities of a justice of the peace, as far as the same shall be required for the support and efficiency of his office, and the laws respecting the importation of German passengers and binding them out servants." All indentures and assignments to be made and acknowledged before the register or his deputy, and he to register all indentures or assignments, as servants' indentures or assignments.
Under the act for regulating the importation of German and other pas- sengers, passed February 7, 1818, the captain was compelled to give a bill of lading of merchandise to passengers, under a penalty of one hundred dollars. Passengers to be discharged on payment of freight. When passen- gers were sold for servitude, the indenture to be acknowledged before the mayor of the city of Philadelphia; " but no master, captain, owner, or con- signee of any ship or vessel shall separate any husband and wife, who came passengers in any such ship or vessel, by disposing of them to different masters or mistresses, unless by mutual consent of such husband and wife; nor shall any passenger, without his or her consent, be disposed of to any person residing out of this Commonwealth, under the penalty of one hundred dollars." The goods of each passenger to be a pledge for freight.
AN ACT FOR THE RELIEF OF REDEMPTIONERS
" SECTION I. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the same, That the several provisions of an act of Assembly of this Commonwealth, passed the twenty-ninth day of September, one thousand seven hundred and seventy, entitled 'An Act for the regulation of apprentices within this province,' and of an act passed the eleventh day of April, one thousand seven hundred and ninety-nine, entitled a supplement to the act entitled 'An Act for the regulation of apprentices,' be and the same are hereby extended to all Redemptioners bound to service for a term of years." Passed 9th February, 1820.
ACT OF SEPTEMBER 29, 1770
" SECTION I. All and every person or persons that shall be bound by indenture to serve an apprentice in any art, mystery, labour, or occupation, with the assent of his or her parents, guardian or next friend, or with the assent of the overseers of the poor. and approbation of any two Jus-
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tices, although such persons, or any of them, shall be within the age of twenty-one years at the time of making their several indentures, shall be bound to serve the time in their respective indentures contained, so as such time or term of years of such apprentice, if female, do expire at or before the age of eighteen years, and if a male, at or before the age of twenty-one years, as fully to all intents and purposes as if the same apprentices were of full age at the time of making the said indentures.
" SECTION 2. If any master or mistress shall misuse, abuse, or evilly treat, or shall not discharge his or her duty toward his or her apprentice, according to the covenants in the indentures between them made, or if the said apprentice shall abscond or absent him or herself from his or her master's or mistress's service without leave, or shall not do and discharge his or her duty to his or her master or mistress, according to his or her covenants afore- said, the said master or mistress, or apprentice, being aggrieved in the prem- ises, shall or may apply to any one Justice of the Peace, of any county or city, where the said master or mistress shall reside, who, after giving due notice to such master or mistress, or apprentice, if he or she shall neglect or refuse to appear, shall thereupon issue his warrant for bringing him or her, the said master, mistress, or apprentice, before him, and take such order and direction, between the said master or mistress and apprentice, as the equity and justice of the case shall require : And if the said Justice shall not be able to settle and accommodate the difference and dispute between the said master or mistress and apprentice, through a want of conformity in the master or mistress, then the said Justice shall take a recognizance of the said master or mistress, and bind him or her over, to appear and answer the complaint of his or her apprentice, at the next county court of Quarter Sessions, to be held for the said county or city, and take such order with respect to such apprentice as to him shall seem just; and if through want of conformity in the said apprentice he shall, if the master or mistress or apprentice request it, take recognizance of him or her with one sufficient surety, for his or her appearance at the said sessions, and to answer the complaint of his or her master or mistress, or commit such apprentice for want of such surety, to the common gaol or work-house of the said county or city respectively ; and upon such appearance of the parties and hearing of their respective proofs and allegations, the said court shall, and they are hereby authorized and empowered, if they see cause, to discharge the said apprentice of and from his or her apprenticeship, and of and from all and every the articles, cove- nants, and agreements in his or her said indenture contained; but if default shall be found in the said apprentice, then the said court is hereby authorized and empowered to cause, if they see sufficient occasion, such punishment by imprisonment of the body, and confinement at hard labour, to be inflicted on him or her, as to them, in their discretion, they shall think his or her offence or offences shall deserve."
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ACT OF APRIL II, 1799
"SECTION I. If any apprentice shall absent himself or herself from the service of his or her master or mistress, before the time of his or her appren- ticeship shall be expired, without leave first obtained, every such apprentice, at any time after he or she arrives at the age of twenty-one years, shall be liable to, and the master or mistress, their heirs, executors, or administrators, are hereby enabled to sustain all such actions, and other remedies against him or her, as if the said apprentice had been of full age at the time of executing his or her indenture of apprenticeship.
" SECTION 2. When any master or mistress shall die before the term of apprenticeship shall be expired, the executors or administrators of such master or mistress, provided the term of the indenture extended to executors and administrators, shall and may have a right to assign over the remainder of the term of such apprenticeship to such suitable person of the same trade or calling mentioned in the indenture, as shall be approved of by the court of Quarter Sessions of the county where the master or mistress lived, and the assignee to have the same right to the service of such apprentice as the master or mistress had at the time of his or her death; and also when any master or mistress shall assign over his or her apprentice to any person of the same trade or calling mentioned in the indenture, the said assignment shall be legal, provided the terms of the indenture extended to assigns, and pro- vided the apprentice, or his or her parents, guardian or guardians, shall give his, her, or their consent to such assignment before some Justice of the Peace of the county where the master or mistress shall live."
These advertisements are selected from a large number of a similar kind that are found in Relf's Philadelphia Gazette and Daily Advertiser for the years 1804-05 :
" GERMAN REDEMPTIONERS
" To be disposed of, the time of a number of German Redemptioners, consisting of Clerks, Shoemakers, Taylors, Cloth makers, Weavers, Stock- ing weavers, Blacksmiths, Watch makers, Miniature painters &c. on board the Ship Cato, Capt. Barden, from the river Jade, lying off Vine Street, apply to the captain on board Cato.
" SMITH RIDGWAY & Co. " No. 50 n. front street.
" Nov. 3rd (1804)."
" TO BE DISPOSED OF
" The Time of a German Servant Girl, who has eight years to serve. She is strong and hearty, understands English, and can be well recommended. Enquire at No. 15 South Third Street.
" January 9th, 1805."
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" GERMAN REDEMPTIONERS
" A number of German Redemptioners of different ages and professions, ยท to be disposed of on board ship Venus from Amsterdam. For terms apply on board, opposite Callowhill street.
" Sept. 9th, 1805."
"SWISS AND GERMAN PASSENGERS " The Time
" Of the following passengers mostly farmers and a few mechanics, viz : 17 men, II women, 13 boys and 14 girls now to be seen at the Spread Eagle Tavern, Callowhill street near the water, to be disposed of by their agents Winkleblick & Bund, at the Red Lion Tavern, Market Street, between 6 and 7 street, South from 9 in the morning till 6 o'clock in the evening. The pay- ment to be made at the counting house of Mr. L. Huson, No. 19 South Wharves."
" GERMAN REDEMPTIONERS
" On board the ship Indostan laying in the stream above Vine street, consisting of carpenters, bakers, butchers, gardeners, blacksmiths, sugar re- finers, glass makers, taylors, servants &c. &c. whose times are to be disposed of, by
" ISAAC HAZELHURST & SONS.
"April 16th 1804."
" 20 DOLLARS REWARD
" RAN AWAY on Saturday last from the subscriber, a German indentured servant man, named Tobias Schwenck, a weaver by trade, about 25 years of age, about 5 feet 6 inches high. When he speaks he has a fashion of swing- ing his arms in a very passionate manner, pale face, slender made, light straight hair, speaks a little English; took with him a tight body blue coat made in the German fashion, a blue surtout coat, two pair of Russia sheeting trousers, and a pair of blue velvet pantaloons, and a number of other clothing, a pair of new full boots broad round toed.
" Whoever secures the above run-away in any gaol, or delivers him to the subscriber, shall receive the above reward and reasonable charges paid by
" HENRY DOTTERER,
" Sign of the Buck, Second street, Philadelphia.
" Oct. 1804."
"$2 DOLLARS REWARD
" Ran away, an indentured Dutch servant girl, (the property of Richard Baily, near the 7 mile stone, Germantown) about 8 years of age, light com- plexion, named Maria, was dressed in a striped lindsey short gown and petti- coat, blue worsted stockings, and speaks but little of her native language.
22
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All persons are cautioned against detaining or harboring the said girl. In addition to the above reward, any reasonable expense will be allowed.
"Dec. 18th 1804."
" $IO DOLLARS REWARD
" Ran away from the subscriber living in the village of New-Holland, Lancaster County, on the evening of the 7th last, a German indentured ser- vant Girl, named Anna Maria Wagner, she came from Germany last fall in the brig Newton, Capt. Reilly. She is about 19 or 20 years old, of a low stature, she hath short and sandy hair, freckled face, her arms, hands, and feet, very small. Had on when she went away, a blue and white striped petticoat of German manufacture, and a blue jacket, which is remarkable, being lined after the German manner with whalebone. It is said that she hath a sister living in the neighborhood of Kutz town, Berks county, bound to Mr. Lesher. Whoever will secure and deliver her in any gaol, and give notice to the subscriber thereof, so that he may get her again, shall have the above reward, and reasonable charges paid. All persons are hereby fore- warned not to harbour her at their peril.
" JONATHAN ROLAND. " NEW-HOLLAND, Jan. 3rd 1805."
" In law, this system was known as an apprenticeship, or service entered into by a free person, voluntary, by contract for a term of years on wages advanced before the service was entered. The servants, by performing the service, were redeeming themselves, and therefore called ' Redemptioners.' In practice, however, with a certain class of people, and in instances hereinafter related, this system was as revoltingly brutal and degenerating as the negro slavery abolished in our own time in its worst aspects.
" It was conceived and had its beginning in the harmless and in some respects benevolent idea to help a poor person in Europe who wished to emi- grate to America and had not the money to pay for his passage across the ocean, by giving him credit for his passage-money, on condition that he should work for it after his arrival here, by hiring as a servant for a term of years to a person who would advance him his wages by paying his passage-money to the owner or master of the vessel.
" There are instances on record when school-teachers, and even ministers of the gospel, were in this manner bought by congregations to render their services in their respective offices. Laws were passed for the protection of the masters and of the servants. Whilst this is the bright side of the Redemption- ers' life, it had also a very dark side. The Redemptioners on their arrival here were not allowed to choose their masters nor kind of service most suitable to them. They were often separated from their family, the wife from the hus- band, and children from their parents; were disposed of for the term of years, often at public sale. to masters living far apart, and always to the greatest
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advantage of the shipper. I have read many reports of the barbarous treat- ment they received, how they were literally worked to death, receiving in- sufficient food, scanty clothing, and poor lodging. Cruel punishments were inflicted on them for slight offences when they were at the mercy of a hard and brutal master. Their fellow black slave was often treated better, for he was a slave for life, and it was in the interest of the master to treat him well to preserve him, whilst the poor Redemptioner was a slave for a number of years only, and all his vital force was worked out of him during the years of his service.
" No public records were kept of the contracts entered into abroad by the Redemptioners, nor of the time of the expiration of their service. The Re- demptioners were not furnished with duplicates of their contracts. They were sometimes, and could be, mortgaged, hired out for a shorter period, sold, and transferred like chattel by their masters. The Redemptioners belonging to the poor and most of them to the ignorant class, it is apparent that under these conditions they were at a great disadvantage against a rapacious master, who kept them in servitude after the expiration of their true contract time, claiming their services for a longer period.
" For many years the Redemptioners in Maryland had come principally from England and Ireland. The abuses of the system having become known in England, rigorous laws and measures were adopted in England for their better protection, and letters and articles appeared in the newspapers warning the poor people from entering into these contracts. The first and early immi- gration of Germans came into Maryland from Pennsylvania. From Lancaster County it extended into Baltimore, Harford, Frederick, and the western coun- ties of our State. As wages advanced, the trade of shipping Redemptioners to the colony became highly lucrative. Large profits were made in a successful voyage with a full cargo of human beings, who, on their arrival here, were sold to the highest bidder for a term of years.
" The Dutch, who, in 1620, had sent the first cargo of negro slaves to this country, and had amassed great wealth in the pursuit of the negro slave- trade from distant Africa, discovered that it was less troublesome and equally remunerative to engage in a sort of a white slave-trade, by shipping Redemp- tioners from their own country, Germany, Switzerland, and adjoining coun- tries, to the American colonies. The shipping merchants of Holland would send regular agents, or drummers, as we now would call them, who received one-half of a doubloon for every Redemptioner shipped by them into these colonies. These agents generally appeared in gaudy dress, with flourish of trumpets, and in glowing language depicted the wealth and happiness of the people of this country, whereof all could partake if they only would come here : that they did not need any money for their passage, as all they had to do was to sign a contract that on their arrival here they would pay for the same out of their first earnings. In this manner these agents would travel from
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village to village, deluding the poorest and most ignorant to follow them to the New Eldorado.
" Whenever such an agent had collected a sufficient number, he would take them personally to the shipping harbor in Holland. It was a gay crowd which travelled in this manner in wagons across the country. The horses and wagons were decorated with gay ribbons, and joyous songs were heard from the emigrants, who believed they were leaving toil and poverty to go to the fabulously rich America to enjoy the ease and plenty of this world's goods. This spirit was artificially kept up by the liberality of the agent until they were safely aboard the ship. From thence such a life of suffering, priva- tion, and hardship commenced, that it seems incredible that the Christian nations of Europe and America should have permitted such a trade to flourish up to nearly the end of the first quarter of the present century. I myself know several very old persons yet living in Baltimore who came to this country in this manner. The contracts which these Redemptioners had to sign in Holland, and which few of them then understood, contained the proviso that if any passenger died on the voyage, the surviving members of the family, or the surviving Redemptioner passengers, would make good his loss. Thereby a wife who had lost her husband during the sea-voyage, or her children, on her arrival here would be sold for five years for her own voyage and additional five more years for the passage-money of her dead husband or dead children, although they may have died in the very beginning of the voyage. If there were no members of the family surviving, the time of the dead was added to the time of service of the surviving fellow-passengers. The effects and property of the dead were confiscated and kept by the captain. By this the shipping merchant and the captain of the vessel would gain by the death of a part of the passengers, for the dead did not require any more food and pro- vision. It seems that many acted on this principle. The ships were often so overcrowded that a part of the passengers had to sleep on deck. Christoph Saur, in his petition to the governor of Pennsylvania in 1775, asserts that at times there were not more than twelve inches room for each passenger (I presume he means sleeping room below deck), and but half sufficient bread and water. Casper Wister, of Philadelphia, in 1752, writes, 'Last year a ship was twenty-four weeks at sea, and of the one hundred and fifty passengers on board thereof more than one hundred died of hunger and privation, and the survivors were imprisoned and compelled to pay the entire passage-money for themselves and the deceased.' In this year ten ships arrived in Philadel- phia with five thousand passengers. One ship was seventeen weeks at sea, and about sixty passengers thereof died. Christoph Saur, in 1758, estimates that two thousand of the passengers on the fifteen ships which arrived that year died during the voyage. Heinrich Keppele, the first president of the German Society of Pennsylvania, writes in his diary that of the three hun- dred and twelve passengers on board of the ship wherein he crossed the
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ocean, two hundred and fifty died during the voyage. In February, 1775, Christoph Saur relates in his newspaper, 'Another ship has arrived. Of the four hundred passengers, not more than fifty are reported alive. They re- ceived their bread every two weeks. Some ate their portion in four, five, and six days, which should have lasted fifteen days. If they received no cooked victuals in eight days, their bread gave out the sooner, and as they had to wait until the fifteen days were over, they starved, unless they had money with which to buy of the mate flour at three pence sterling a pound, and a bottle of wine for seven kopstick thalers.' Then he relates how a man and his wife, who had ate their bread within eight days, crawled to the captain and begged him to throw them overboard, to relieve them of their misery, as they could not survive till bread-day. The captain refused to do it, and the mate in mockery gave them a bag filled with sand and coals. The man and his wife died of hunger before the bread-day arrived. But, notwithstanding, the survivors had to pay for the bread which the dead ought to have had. Pennsylvania, in 1765, at the instigation of the German Society, passed rigorous laws for the protection of the Redemptioners, but Maryland re- mained inactive until more than fifty years later."-Hennighausen.
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