History of slavery in California
Encyclopedia
The arrival of the Spanish colonists
—participants in the Atlantic slave trade
and owners of both Indian and African slaves
—introduced such concepts as chattel slavery and involuntary servitude
to the area. Anglo
settlers from the Southern
and Eastern United States
brought centuries of experience with slavery to California
. Many free and enslaved
people of African ancestry were part of the California Gold Rush
(1848–55), and many were able to buy their freedom and freedom for their families, primarily in the South, with the gold they found.
There were a number of Gold Rushers of African ancestry, probably fewer than 4,000. One of the miners was an African American named Edmond Edward Wysinger
(1816–1891). After arriving in the Northern mine area of the California Mother Lode
in 1849, Wysinger and a group of 100 or more African American miners were surface mining
in and around Morman, Mokelumne Hill at Placerville, and Grass Valley.
inherited much of the Southwest
upon independence from Spain
in 1821. President Vincente Guerrero, who was of Spanish, African and Native American descent, abolished slavery within Mexico in 1829. This law was intended by its proponents as a counter-measure against the settlement of Anglos, who used slave labor in their Texas
cotton
plantation
s.
) under the terms of the Treaty of Guadalupe Hidalgo
, which ended the Mexican-American War.
However, at the time, the 26-state nation was divided equally between 13 free states and 13 slave state
s. With the addition of vast new, agriculturally-rich territories, including California, the debate over slavery intensified dramatically. California itself was divided over the issue, as a large number of slave-owning Southerners had travelled to California to seek their fortunes in the 1849 Gold Rush, and many brought their slaves.
In October 1849, the first California Constitution
Convention was held. One of the most heated debates of the Convention was on the status of slavery in the new state. While some Southerners who had come to California were staunchly in favor of giving official sanction to slavery in California, Northern
abolitionists
and Anglo-American miners (who did not want competition from the slave-holders in the gold fields) were well-represented within the ranks of the convention. The chair
man of the convention, William Gwin
, was himself a slaveholder from Tennessee
. Gwin, however, was much more interested in gaining control of the California Democratic Party
than he was in favoring either side of the debate. To the later chagrin of his fellow Southern members of Congress, he did not write the institution of slavery into the 1849 Constitution. The Compromise of 1850
later permitted California to be admitted to the Union as a free state. Gwin and war hero/abolitionist John C. Frémont
became California's first Senators
.
Although California entered the Union as a free state, the framers of the state constitution wrote into law the systematic denial of suffrage
and other civil rights
to non-white
citizens. Some authorities went so far as to attempt to deny entry of all African-Americans, free and slave, to California. The Legislature passed a bill that would ban the immigration of free blacks to California. State Senator David C. Broderick
, a fierce opponent of slavery and former firefighter from San Francisco
, managed to kill the bill through parliamentary maneuver.
Slavery did persist in California even without legal authority. Some slaveowners simply refused to notify their slaves of the prohibition, and continued to trade slaves within the state. Numerous state trials ruled in the favor of emancipation.
A backlash against these legal wins for the free black community in California whipped up in the State government; the Chinese Exclusion Act was also being debated at that time. Fearful of the hostile maneuvers against them, over 700 African-Americans left California in a mass exodus via steam ship for the women and children and mass cavalcade for the men to Victoria, Canada, and the Fraser Canyon Gold Rush
.
Slavery was abolished in all states under the Thirteenth Amendment to the United States Constitution
, which took effect on 18 December 1865.
Spanish colonization of the Americas
Colonial expansion under the Spanish Empire was initiated by the Spanish conquistadores and developed by the Monarchy of Spain through its administrators and missionaries. The motivations for colonial expansion were trade and the spread of the Christian faith through indigenous conversions...
—participants in the Atlantic slave trade
Atlantic slave trade
The Atlantic slave trade, also known as the trans-atlantic slave trade, refers to the trade in slaves that took place across the Atlantic ocean from the sixteenth through to the nineteenth centuries...
and owners of both Indian and African slaves
African slave trade
Systems of servitude and slavery were common in many parts of Africa, as they were in much of the ancient world. In some African societies, the enslaved people were also indentured servants and fully integrated; in others, they were treated much worse...
—introduced such concepts as chattel slavery and involuntary servitude
Involuntary servitude
Involuntary servitude is a United States legal and constitutional term for a person laboring against that person's will to benefit another, under some form of coercion other than the worker's financial needs...
to the area. Anglo
White American
White Americans are people of the United States who are considered or consider themselves White. The United States Census Bureau defines White people as those "having origins in any of the original peoples of Europe, the Middle East, or North Africa...
settlers from the Southern
Southern United States
The Southern United States—commonly referred to as the American South, Dixie, or simply the South—constitutes a large distinctive area in the southeastern and south-central United States...
and Eastern United States
Eastern United States
The Eastern United States, the American East, or simply the East is traditionally defined as the states east of the Mississippi River. The first two tiers of states west of the Mississippi have traditionally been considered part of the West, but can be included in the East today; usually in...
brought centuries of experience with slavery to California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
. Many free and enslaved
Slavery
Slavery is a system under which people are treated as property to be bought and sold, and are forced to work. Slaves can be held against their will from the time of their capture, purchase or birth, and deprived of the right to leave, to refuse to work, or to demand compensation...
people of African ancestry were part of the California Gold Rush
California Gold Rush
The California Gold Rush began on January 24, 1848, when gold was found by James W. Marshall at Sutter's Mill in Coloma, California. The first to hear confirmed information of the gold rush were the people in Oregon, the Sandwich Islands , and Latin America, who were the first to start flocking to...
(1848–55), and many were able to buy their freedom and freedom for their families, primarily in the South, with the gold they found.
There were a number of Gold Rushers of African ancestry, probably fewer than 4,000. One of the miners was an African American named Edmond Edward Wysinger
Edmond Edward Wysinger
Edmond Edward Wysinger . African American pioneer of California. Arriving around October 1849--the beginning of the California Gold Rush. California was annexed by the United States and was admitted to the Union as the thirty-first state on September 9, 1850.-California Supreme Court case:January...
(1816–1891). After arriving in the Northern mine area of the California Mother Lode
Mother Lode
Mother lode is a principal vein or zone of veins of gold or silver ore. The term probably came from a literal translation of the Spanish veta madre, a term common in old Mexican mining...
in 1849, Wysinger and a group of 100 or more African American miners were surface mining
Surface mining
Surface mining , is a type of mining in which soil and rock overlying the mineral deposit are removed...
in and around Morman, Mokelumne Hill at Placerville, and Grass Valley.
Slavery under Mexican rule
MexicoMexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
inherited much of the Southwest
Southwestern United States
The Southwestern United States is a region defined in different ways by different sources. Broad definitions include nearly a quarter of the United States, including Arizona, California, Colorado, Nevada, New Mexico, Oklahoma, Texas and Utah...
upon independence from Spain
Mexican War of Independence
The Mexican War of Independence was an armed conflict between the people of Mexico and the Spanish colonial authorities which started on 16 September 1810. The movement, which became known as the Mexican War of Independence, was led by Mexican-born Spaniards, Mestizos and Amerindians who sought...
in 1821. President Vincente Guerrero, who was of Spanish, African and Native American descent, abolished slavery within Mexico in 1829. This law was intended by its proponents as a counter-measure against the settlement of Anglos, who used slave labor in their Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
cotton
Cotton
Cotton is a soft, fluffy staple fiber that grows in a boll, or protective capsule, around the seeds of cotton plants of the genus Gossypium. The fiber is almost pure cellulose. The botanical purpose of cotton fiber is to aid in seed dispersal....
plantation
Plantation
A plantation is a long artificially established forest, farm or estate, where crops are grown for sale, often in distant markets rather than for local on-site consumption...
s.
Slavery under U.S. rule
With the 1847 defeat of Mexico, California and other Mexican territories were ceded to U.S. rule (the Mexican CessionMexican Cession
The Mexican Cession of 1848 is a historical name in the United States for the region of the present day southwestern United States that Mexico ceded to the U.S...
) under the terms of the Treaty of Guadalupe Hidalgo
Treaty of Guadalupe Hidalgo
The Treaty of Guadalupe Hidalgo is the peace treaty, largely dictated by the United States to the interim government of a militarily occupied Mexico City, that ended the Mexican-American War on February 2, 1848...
, which ended the Mexican-American War.
However, at the time, the 26-state nation was divided equally between 13 free states and 13 slave state
Slave state
In the United States of America prior to the American Civil War, a slave state was a U.S. state in which slavery was legal, whereas a free state was one in which slavery was either prohibited from its entry into the Union or eliminated over time...
s. With the addition of vast new, agriculturally-rich territories, including California, the debate over slavery intensified dramatically. California itself was divided over the issue, as a large number of slave-owning Southerners had travelled to California to seek their fortunes in the 1849 Gold Rush, and many brought their slaves.
In October 1849, the first California Constitution
California Constitution
The document that establishes and describes the duties, powers, structure and function of the government of the U.S. state of California. The original constitution, adopted in November 1849 in advance of California attaining U.S. statehood in 1850, was superseded by the current constitution, which...
Convention was held. One of the most heated debates of the Convention was on the status of slavery in the new state. While some Southerners who had come to California were staunchly in favor of giving official sanction to slavery in California, Northern
Northern United States
Northern United States, also sometimes the North, may refer to:* A particular grouping of states or regions of the United States of America. The United States Census Bureau divides some of the northernmost United States into the Midwest Region and the Northeast Region...
abolitionists
Abolitionism
Abolitionism is a movement to end slavery.In western Europe and the Americas abolitionism was a movement to end the slave trade and set slaves free. At the behest of Dominican priest Bartolomé de las Casas who was shocked at the treatment of natives in the New World, Spain enacted the first...
and Anglo-American miners (who did not want competition from the slave-holders in the gold fields) were well-represented within the ranks of the convention. The chair
Chair
A chair is a stable, raised surface used to sit on, commonly for use by one person. Chairs are most often supported by four legs and have a back; however, a chair can have three legs or could have a different shape depending on the criteria of the chair specifications. A chair without a back or...
man of the convention, William Gwin
William Gwin
William Gwin may refer to:* William M. Gwin , American medical doctor and politician* William Gwin , officer in the United States Navy during the American Civil War...
, was himself a slaveholder from Tennessee
Tennessee
Tennessee is a U.S. state located in the Southeastern United States. It has a population of 6,346,105, making it the nation's 17th-largest state by population, and covers , making it the 36th-largest by total land area...
. Gwin, however, was much more interested in gaining control of the California Democratic Party
California Democratic Party
The California Democratic Party is the state branch of the Democratic Party in the state of California, headquartered in Sacramento. It is chaired by veteran Democratic politician and former United States Representative John L. Burton, who succeeded Art Torres in April 2009. It is the majority...
than he was in favoring either side of the debate. To the later chagrin of his fellow Southern members of Congress, he did not write the institution of slavery into the 1849 Constitution. The Compromise of 1850
Compromise of 1850
The Compromise of 1850 was a package of five bills, passed in September 1850, which defused a four-year confrontation between the slave states of the South and the free states of the North regarding the status of territories acquired during the Mexican-American War...
later permitted California to be admitted to the Union as a free state. Gwin and war hero/abolitionist John C. Frémont
John C. Frémont
John Charles Frémont , was an American military officer, explorer, and the first candidate of the anti-slavery Republican Party for the office of President of the United States. During the 1840s, that era's penny press accorded Frémont the sobriquet The Pathfinder...
became California's first Senators
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
.
Although California entered the Union as a free state, the framers of the state constitution wrote into law the systematic denial of suffrage
Suffrage
Suffrage, political franchise, or simply the franchise, distinct from mere voting rights, is the civil right to vote gained through the democratic process...
and other civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
to non-white
White people
White people is a term which usually refers to human beings characterized, at least in part, by the light pigmentation of their skin...
citizens. Some authorities went so far as to attempt to deny entry of all African-Americans, free and slave, to California. The Legislature passed a bill that would ban the immigration of free blacks to California. State Senator David C. Broderick
David C. Broderick
David Colbreth Broderick was a Democratic U.S. Senator from California. He was a first cousin of Andrew Kennedy and Case Broderick.-Early life and education:...
, a fierce opponent of slavery and former firefighter from San Francisco
San Francisco, California
San Francisco , officially the City and County of San Francisco, is the financial, cultural, and transportation center of the San Francisco Bay Area, a region of 7.15 million people which includes San Jose and Oakland...
, managed to kill the bill through parliamentary maneuver.
Slavery did persist in California even without legal authority. Some slaveowners simply refused to notify their slaves of the prohibition, and continued to trade slaves within the state. Numerous state trials ruled in the favor of emancipation.
- In 1849, a white man lost a case against a black man who was accused of both being a slave and being in debt to the accuser. At the time, California was not under U.S. rule, and Mexican law, which prohibited slavery, was used in the case. This resulted in the legal precedent of the official non-acknowledgement of slavery in California.
- In 1851, a fugitive slaveFugitive slaveIn the history of slavery in the United States, "fugitive slaves" were slaves who had escaped from their master to travel to a place where slavery was banned or illegal. Many went to northern territories including Pennsylvania and Massachusetts until the Fugitive Slave Act of 1850 was passed...
named Frank was recaptured by his owner in San Francisco; Frank then sued the owner in court. The judge ruled in favor of Frank because the slave had taken his freedom in California and didn't cross state lines in the process, thus ruling the application of the Fugitive Slave LawFugitive Slave Law of 1850The Fugitive Slave Law or Fugitive Slave Act was passed by the United States Congress on September 18, 1850, as part of the Compromise of 1850 between Southern slave holding interests and Northern Free-Soilers. This was one of the most controversial acts of the 1850 compromise and heightened...
, which was passed in Congress the previous year, invalid in this case. Furthermore, a California law passed in 1850 had ruled the testimony of non-whites in court inadmissible; hence, even though Frank had admitted to being the owner's slave, the case had proceeded in his favor because his own admission was invalid. - In 1852, a state fugitive slave lawFugitive slave lawsThe fugitive slave laws were laws passed by the United States Congress in 1793 and 1850 to provide for the return of slaves who escaped from one state into another state or territory.-Pre-colonial and Colonial eras:...
was passed in Sacramento, and was unsuccessfully challenged in the Perkins escapee case. However, when the law lapsed in 1855, the Legislature failed to renew it, and the Mitchell case in San Jose resulted in freedom for Mitchell, a runaway slave. - In 1858, in one of the most protracted cases over the state-level status of slavery, Archy Lee, a slave who had run away from his owner, MississippiMississippiMississippi is a U.S. state located in the Southern United States. Jackson is the state capital and largest city. The name of the state derives from the Mississippi River, which flows along its western boundary, whose name comes from the Ojibwe word misi-ziibi...
native Terry Stovall, was arrested four times as his fate - as a slave bound for return to Mississippi with his master, or continued residence in California as a free man - was decided in a flip-flop manner by some three local judges and a United States Commissioner. Archy won the case through the support of the local freed black community in San Francisco. To avoid further legal reprisals by his former owner, he fled to Canada, where he eventually died.
A backlash against these legal wins for the free black community in California whipped up in the State government; the Chinese Exclusion Act was also being debated at that time. Fearful of the hostile maneuvers against them, over 700 African-Americans left California in a mass exodus via steam ship for the women and children and mass cavalcade for the men to Victoria, Canada, and the Fraser Canyon Gold Rush
Fraser Canyon Gold Rush
The Fraser Canyon Gold Rush, began in 1858 after gold was discovered on the Thompson River in British Columbia at its confluence with the Nicoamen River. This was a few miles upstream from the Thompson's confluence with the Fraser River at present-day Lytton...
.
Slavery was abolished in all states under the Thirteenth Amendment to the United States Constitution
Thirteenth Amendment to the United States Constitution
The Thirteenth Amendment to the United States Constitution officially abolished and continues to prohibit slavery and involuntary servitude, except as punishment for a crime. It was passed by the Senate on April 8, 1864, passed by the House on January 31, 1865, and adopted on December 6, 1865. On...
, which took effect on 18 December 1865.
External links
- California's Underground Railroad
- Negro Civil Rights in California, 1850
- Wandering Lizard - Slavery in California
- PBS: Slavery in the California Gold Rush
- Sacramento News Review - Slavery: California's hidden sin, by Chrisanne Beckner
- San Francisco Museum - Negro Rights Activities in Gold Rush California, by Rudolph M. Lapp