USA > Pennsylvania > Philadelphia County > Philadelphia > The German immigration into Pennsylvania through the port of Philadelphia from 1700 to 1775 : part II: The Redemptioners > Part 11
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To all the foregoing, separately and collectively, must be added the sufferings and numerous deaths from small- pox, dysentery, poor nutrition, and worst of all the fatal ship-fever, resulting from the contaminated water and other causes. The literature of that time, the few news-
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papers, the letters of those who made the voyage and were not only witnesses but actual sufferers, and the books and pamphlets that were written and printed, bear ample testimony to the horrible scenes and sufferings that only too often came upon the overcrowded immigrant ships. It is not a pleasant duty to enter into some of the details that have come down to us. The pen assumes the disagree- able task only because the truth and the requirements of history demand it. It is only another, although perhaps the most sorrowful, of all the episodes that attended the colonization of Pennsylvania. It may perhaps be truth- fully said that in the first instance the practice had its origin in laudable and benevolent motives. Those who lent it their assistance in the beginning, at that time hardly conceived the extent the hegira was to assume or the depth of the misery it was to entail. Fraud and deception had their origin in opportunity ; some men are quick to spring from good to evil when it pays, and the occasion offers itself. So I apprehend it was in this case.
I have tried to collect and arrange the evidence still ob- tainable and present it in these pages as best I could. Every writer of our local or general history has dealt with the question in a summary way, rather than otherwise. The story is broken into many fragments, and these are scattered through hundreds of volumes, without anything approaching completeness or regularity of detail in any. In the fullness of time, no doubt, some one with love and leisure for the work will address himself to the task and write the story of the REDEMPTIONERS with the philosophic spirit and the amplitude it deserves. Meanwhile the fol- lowing chapters are offered as a substitute until something better comes along.
CHAPTER II.
BOND SERVANTS A UNIVERSAL CUSTOM OF THE TIMES .-- BROUGHT FROM GREAT BRITAIN AND TAKEN TO ALL THE MIDDLE COLONIES .- SYNOPSIS OF THE COLONIAL LEGIS- LATION ON INDENTURED SERVANTS.
"Such were to take these lands by toil To till these generous breadths and fair, Turning this Pennsylvania soil To fruitful gardens everywhere."
"Kommt zu uns frei von Groll und Trug Und est das Freundschafts mohl, Wir haben hier der Hütten g'nug Und Länder ohne Zahl."
HERE was not a little MERCY rivalry among the vari- ous English colonies planted PENN . PRO along the Atlantic seaboard of America, in their race for wealth, progress and com- mercial supremacy. Into that competition, Pennsyl- vania, although the young- GOVE est of all the English set- tlements, entered with as much ambition and ardor as the people to the north and south of her. Penn was a Quaker, and a man of sincere (151)
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The German Immigration into Pennsylvania.
convictions and unquestioned piety, but we cannot shut our eyes to the fact that he united a very liberal share of worldly shrewdness with his colonization schemes. In fact, the competition in material progress and advance- ment in the seventeenth and eighteenth centuries was quite as sharp between what are to-day called the Thir- teen Colonies as it is to-day. The older settlements had the advantage of age and experience, and this naturally compelled the newer ones to redouble their efforts to over- take them in the race for advancement and to surpass them if possible.
In some particulars they endeavored to work out their destinies along similar lines. They copied from each other when they thought such imitations would prove advan- tageous-not blindly, but always with an eye to the main chance. When Lord Baltimore found that his older neigh- bor Virginia was increasing her population and her wealth by the extensive importation of male and female servants from the mother country under indentures that meant years of servitude, and under conditions not wholly dissimilar to her negro slave traffic, he at once availed himself of the Virginia idea, and ship-loads of these people came from Ireland, Scotland and even England herself.
It can hardly be questioned that the authorities in Penn- sylvania took the same view of the case, and early in the history of the Province introduced, or at least connived at the system. At all events the fact remains that Penn's government had hardly got under way, before indentured servants became a feature in the civil life of the community. Here, as elsewhere, labor was scarce, and here, perhaps more than anywhere else, extra labor was required to cut down the forests, clear the land and keep abreast of the march of civilization that was moving forward on all sides of the new settlement.
Legislation Concerning Indentured Servants. 153
All this is to be inferred from the number of these sold and purchased servants that were brought into Pennsyl- vania, and from the legislation that was enacted in conse- quence. That legislation grew out of the necessities of the traffic in these people and consequently reflects its succes- sive stages. It must be borne in mind, however, that while it had even in its earlier stages all the characteristics that marked it during its most flourishing period, from 1730 to 1770, it had not the same name. The men and women who were sent over here from Ireland and Scot- land, or who came voluntarily under contracts to render personal service for their passage money, board and any other expenses that might be incurred, were always called " servants " or "indentured servants" by the laws of the Province. The word " redemptioner " belongs to a later period and was of more recent coinage, and this fact must not be lost sight of, although in reality there was no ma- terial difference recognized either by statutory enactments or by custom, between the two. The word " redemp- tioner " does not occur in the Pennsylvania Statutes at Large.
" We may with propriety," says Gordon, " notice here another class of the people who were not freemen. Many valuable individuals were imported into the province as servants, who in consideration of the payment of their pas- ages and other stipulations, contracted to serve for a defi- nite period. This class was a favorite of the law. Pro- vision was made by the laws agreed on in England for recording the names, times and wages of servants ; mas- ters were allowed to take up lands for their use, and the servants themselves, after the expiration of their service, were permitted to become land-holders on easy terms ; they were provided with sufficient clothing and implements of
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The German Immigration into Pennsylvania.
labor ; they could not be sold out of the Province without their consent, and, in case of marriage, husband and wife could not be parted. On the other hand, due care was taken to preserve the rights of the master. Many of the German and Irish settlers were of this class, from whom have sprung some of the most reputable and wealthy in- habitants of the Province." 87
In speaking of servants about the year 1740, Watson says : " The other kind were those who were free after a time. Many came from England, Germany and other countries who could not pay their passage, who were sold on their arrival for so many years, at about three to four pounds Pennsylvania currency per annum, as would pay their passage : generally fourteen pounds for four years' service would cover their passage money. Those who were too old to serve would sell their children in the same way. Some would sell themselves to get a knowledge of the country before starting in the world. The purchaser could resell them for the unexpired time. The purchaser also had to give them a suit of clothes at the expiration of the time." 88
I propose to offer a brief résumé of the various legisla- tive enactments bearing on this class of immigrants to show the status held by them, and also the precautions that were from time to time taken by the law-making power for their protection.
While the condition of this large class was in innumer- able cases to be commiserated, the fact nevertheless re- mains that the Legislature threw over them the ægis of its protection, and in so far as it could, tried to deal fairly with them. Their rights were as scrupulously guarded as
87 GORDON'S History of Pennsylvania, pp. 555-556.
88 WATSON'S Annals of Philadelphia, Vol. III., p. 469.
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The German Immigration into Pennsylvania.
those of their masters. It deserves also to be remembered that no fault was found with the system of buying these servants and holding them to their service until their obli- gations were discharged. That was a recognized custom of the period, already in existence both north and south of Pennsylvania, and universally acquiesced in. Nobody thought it wrong. People entered into these obligations of their own free will. There was no compulsion. The great wrongs grew out of the practices under which it was carried on. As these developed and were brought to the attention of the Legislature, numerous laws were passed to better guard the rights of the deceived and defrauded im- . migrants. But the laws could not reach the infamous Newlander beyond the sea, and he took good care to keep the broad Atlantic between himself and his outraged vic- tims.
The Provincial Government did not do all perhaps it should or even might have done looking to the protection of these people. It is important that we keep before us a clear idea of the spirit of those days. It was very dif- erent from what we find to-day. Public sentiment leaned towards severity rather than towards charity. The laws dealt more severely with crime, and were often pushed to the verge of inhumanity. Take for example, the laws against creditors. In 1705 the first insolvent law in the Province was passed, and it has justly been said that it " was formulated in sterner justice than is consistent with human frailty." When the property of a debtor was in- sufficient to discharge his debts, the law compelled him to make good the deficiency by personal servitude in case his creditors demanded it, and there were always those who did. Single men not more than fifty-three years old could be sold for a period of not more than seven years,
Quarrel Between the Governor and Assembly. 157
but married men under forty-six could be held for a period not exceeding five years. A milder law was enacted to supersede the above one in 1730, but so many creditors abused its provisions, that satisfaction by servitude was engrafted upon it in a supplemental clause.89
There were, too, often quarrels and bickerings between the Governors and the members of the Assembly. The one tried to thwart the wishes and will of the other. When, for example, the Legislature in 1755 drew up a bill on this very subject of the better protection of German immi- grants, especially to prevent the breaking open of their chests and the theft of their goods, Governor Thomas cut out this very matter and returned the rest with his ap- proval. There seems to have been a reason for his action, and the Assembly in a sharp reply told him, in so many words, that some of his own political household were regularly engaged in these robberies, and that was no doubt why he refused to do this act of simple justice. No doubt they knew what they were talking about.
Many of the English and Welsh settlers who came to Pennsylvania within twenty years after it was founded brought indentured servants with them. To hold such people was evidently an old English custom, and at the very outset of his proprietary career, provision was made by Penn for the welfare of these people on regaining their freedom. No sooner had Penn obtained the royal charter to his province than he issued a long and tedious docu- ment for the enlightenment of "those of our own and other nations that are inclined to transport themselves or families beyond the seas." On July 11, 1682, while still in England he issued a series of " conditions or conces- sions," running to twenty separate paragraphs or articles,
89 GORDON'S History of Pennsylvania, pp. 218-219.
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The German Immigration into Pennsylvania.
for the government of the relations between himself and his province and those who should purchase lands from him and settle here. The seventh of these conditions reads as follows: " That for every Fifty acres that shall be al- lotted to a servants, at the end of his service, his Quitrent shall be two shillings per annum, and the master or owner of the servant, when he shall take up the other Fifty acres, his Quit-rent shall be Four shillings by the year, or if the master of the servant (by reason in the Indentures he is so obliged to do) allot to the Servant Fifty acres in his own division, the said master shall have on demand allotted him from the Governor, the One hundred acres, at the chief rent of six shillings per annum." 90
" The more wealthy of the Scotch emigrants (to New Jersey) were noted for the accompaniment of a numerous retinue of servants and dependents, and, in some instances they incurred the expense of transporting whole families of poor laborers whom they established on their lands for a term of years, and endowed with a competent stock, re- ceiving in return one half of the agricultural produce." 91
From the first, large numbers of these servants came to Pennsylvania. Claypole says, writing on Oct. 1, 1682, " above fifty servants belonging to the Society are going away in a great ship for Pennsylvania." 92
The foregoing establishes the existence of this species of servitude before the founding of Pennsylvania. It also shows that in order to give these people a fair start in life the terms on which they could secure lands from the Pro- prietary were more favorable than those accorded to their masters themselves.
90 HAZZARD'S Annals, pp. 505-513.
91 GRAHAME'S United States, Vol. II., p. 295.
92 HAZZARD'S Annals of Pennsylvania from 1609 to 1682, p. 593.
GERMAN IMMIGRATION INTO PENNSYLVANIA.
J F SACHSE, PHOTO.
PENNSYLVANIA-GERMAN ENTERPRISE. CARVED BLOCKS MADE AT EPHRATA CLOISTER FOR PRINTING DRESS GOODS. SPECIMENS IN DANNER COLLECTION, MANHEIM, PA.
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Laws Affecting Servants.
I find the worl " servant," evidently used in the sense already indicaled, in many acts of the General Assembly. It occurs in a law prohibiting work on the " First day of the week, called the Lord's Day," passed Nov. 27, 1700." Alla in soube law passed on the same day and year, wod In ridl mwstlor passed at the same time with reference " Along their masters or mistresses.9% A So My snacted on the same day of the aforementioned ma provides that " if any ' servant' or servants shall pro- cos ilumskelves to be married without consent of his or her wowwww af mistress, (he or she) shall for such, their offense, don of them serve their respective masters or mistresses, whole year after the time of their service (by inden- lure, law, or custom) is expired ; and if any person being free shall marry with a servant as aforesaid, he or she so marrying shall pay to the master or mistress of the servant, if for a man twelve pounds; if a woman, six pounds or one year's service ; and the servant so being married shall abide with his or her master or mistress according to in- denture or custom, and one year after as aforesaid." In still another law passed on the same day and same year. designed for ralaing pourgy ravenbes, it is provided, " that no person that bás bern a bond servast by indenture or otherwise in this government, shall be rated the above four shillings per head until he has been free from his servitude die space of one year." 3%
An excellent law concerning servants was passed by the Ommeral Assembly, met at Newcastle, in the Lower Coun- un, la May, 1700. It appears to be the model after which
kurwir at Large of Pennsylvania, Vol. II., p. 4.
Vol. II., p. 6.
II., p. 13.
22.
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J F SACHSE, PHOTO.
PENNSYLVANIA-GERMAN ENTERPRISE. CARVER BLOCKS CARE AT EPHRATA CLOISTER FOR PRINTING DRESS GOODS
SPECIMENS IN DANNER COLLECTION, MANEXIM PA.
1
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159
Laws Affecting Servants.
I find the word " servant," evidently used in the sense already indicated, in many acts of the General Assembly. It occurs in a law prohibiting work on the " First day of the week, called the Lord's Day," passed Nov. 27, 1700.93 Also in another law passed on the same day and year,94 and in still another passed at the same time with reference to " servants " assaulting their masters or mistresses.95 A fourth law enacted on the same day of the aforementioned year provides that " if any ' servant' or servants shall pro- cure themselves to be married without consent of his or her master or mistress, (he or she) shall for such, their offense, each of them serve their respective masters or mistresses, one whole year after the time of their service (by inden- ture, law, or custom) is expired ; and if any person being free shall marry with a servant as aforesaid, he or she so marrying shall pay to the master or mistress of the servant, if for a man twelve pounds; if a woman, six pounds or one year's service ; and the servant so being married shall abide with his or her master or mistress according to in- denture or custom, and one year after as aforesaid." 96 In still another law passed on the same day and same year, designed for raising county revenues, it is provided, " that no person that has been a bond servant by indenture or otherwise in this government, shall be rated the above four shillings per head until he has been free from his servitude the space of one year." 97
An excellent law concerning servants was passed by the General Assembly, met at Newcastle, in the Lower Coun- ties, in May, 1700. It appears to be the model after which
93 Statutes at Large of Pennsylvania, Vol. II., p. 4.
94 Ibid., Vol. II., p. 6.
95 Ibid., Vol. II., p. 13.
96 Ibid., Vol. II., p. 22.
97 Ibid., Vol. II., p. 35.
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The German Immigration into Pennsylvania.
later legislation was largely formulated, and is therefore quoted :
" AN ACT FOR THE BETTER REGULATION OF SERVANTS IN THE PROVINCE AND TERRITORIES.
" For the just Encouragements of Servants in the Dis- charge of their Duty, and the Prevention of their Desert- ing their masters or Owners Services, Be It Enacted by the Proprietary and Governor, by and with the Advice and Consent of the Freemen of this Province and Territories, in General Assembly met, and by the authority of the same, that no Servant, bound to serve his or her Time in this Province or Counties annexed, shall be sold or dis- posed of to any person residing in any other Province or Government, without the Consent of the said Servant and two Justices of the Peace of the said County wherein he lives or is sold, under the Penalty of Ten Pounds, to be forfeited by the Seller.
"AND BE IT FURTHER ENACTED, That no Servant shall be assigned over to another person by any in this Province or Territories, but in the presence of one Justice of the Peace of the County, under the Penalty of Ten Pounds; which Penalty, with all others in the Act expressed, shall be levied by Distress and Sale of Goods of the Party Offending.
" AND BE IT ENACTED, by the authority aforesaid, that every Servant that shall faithfully serve four years, or more, shall, at the expiration of their Servitude have a Dis- charge, and shall be duly Cloathed with two compleat suits of Apparel, whereof one shall be new, and shall also be furnished with one new Ax, one Grubbing-hoe, and one Weeding-hoe ; at the Charge of their Master or Mistress.
"And for the Prevention of Servants quitting their Mas-
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Laws Affecting Indentured Servants.
ters service, BE IT ENACTED by the authority aforesaid, that if any Servant shall absent him or herself from the Service of their Master or Owner for the space of one Day or more, without Leave first obtained for the same, every such Servant shall for every such Days absence be obliged to serve five days after the Expiration of his or her Time, and shall further make such Satisfaction to his or her Master or Owner, for the Damages and charges sustained by such Absence, as the respective County Court shall see meet, who shall order as well the Time to be served, as other Recompence for Damages sustained.
" And whoever shall Apprehend or take up any run- away Servant and shall bring him or her to the Sheriff of the County, such Person shall for every such Servant, if taken up within ten miles of the Servants Abode, receive Ten Shillings Reward of the said Sheriff ; who is hereby re- quired to pay the same, and forthwith to send notice to the Master or Owner, of whom he shall receive Ten Shillings, Prison fees upon Delivery of the said Servant, together with all other Disbursements and reasonable Charges for and upon the same.
" And to prevent the clandestine employment of other Mens Servants, BE IT ENACTED, by the authority afore- said, That whosoever shall conceal any Servant of this Province or Territories or entertain him or her twenty-four hours, without his or her Master's or Owners Knowledge and Consent, and shall not within the said time give an Ac- count thereof to some Justice of the Peace of the County, every such Person shall forfeit Twenty Shillings for every Day's Concealment. And in case the said Justice of the Peace shall not, within twenty-four Hours after complaint made to him, issue his Warrant, directly to the next Con- stable, for apprehending and seizing the said Servant, and
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The German Immigration into Pennsylvania.
commit him or her to the Custody of the Sheriff of the County, such Justice shall for every such Offence forfeit FIVE POUNDS. And the Sheriff shall by the first Oppor- tunity after he has received the said Servant, send notice thereof to his or her Master or Owner: and the said
O
PEASANTS AND COSTUMES OF THE PALATINATE.
Sheriff neglecting or omitting in any case to give Notice to the Master or Owner of the Servant being in his Custody as aforesaid, shall forfeit Five Shillings for every Day's.
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Laws Affecting Bond Servants.
neglect after an Opportunity has offered; to be proved against him before the County Court, and to be there ad- judged.
" AND for the more effectual Discouragement of Servants embezzling their Masters' or Owners goods, BE IT EN- ACTED, by the Authority aforesaid, that whosoever shall clandestinely deal or traffick with any Servant white or black, for any Kind of goods or Merchandises, 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 Servi- tude, 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 whipt in the most Publick Place of the Township where the Offence was comitted." 98
An act for the better regulation of servants in the Prov- ince and Territories, and for the just encouragement of servants in the discharge of their duties, also passed on November 27, 1700, throws so much light on this " ser- vant" question that I give an abridgment of it. It pro- vides that no servant bound to serve a certain time, shall be sold or disposed of to anyone residing in any other prov- ince or government, without his consent and that of two justices of the peace of the county where the servant re- sides, under a ten-pound penalty by the seller. No ser- vant is to be sold or assigned to another person in the Province unless in the presence of a justice, under a ten- pound penalty.
98 Charters and Acts of the Assembly of the Province of Pennsylvania. Printed by PETER MILLER & COMPANY, Phil. M.D.C.C.L.XII., Vol. I., pp. 5 and 6 of Section II.
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