At first, the inhabitants lived by a species of banditry, robbing the whites whenever they could. Gradually, a more settled type of life developed. The Negroes began to engage in agriculture, and at length entered into something approximating peaceful relations with the Portuguese settlements. Trade took the place of warfare, although fear of the overgrown quilombo was perhaps as much the motive on the part of the whites as the desire for profits. A rustic republic of an admirable type was formed for the maintenance of internal order and external safety. Combining republican and monarchical features, they elected a chief, or king, called the Zombe, who ruled with absolute authority during the term of his life. The right of candidacy was restricted to a group recognized as composing the bravest men of the community. Any man in the state might aspire to this dignity, provided he had Negro blood in his veins. There were other officials, both of a military and of a civil character. In the interests of good order, the Zombes made laws imposing the death penalty for murder, adultery, and robbery. Slavery existed, and in this respect there was a curious custom. Every Negro who had won his freedom from the white man, by whatever method, as for example by a successful flight to Palmares, remained a free man. Those who were captured while in a state of slavery, however, became slaves in Palmares. Thus the reward of freedom was offered to those who should escape from the planters, and a punishment was held out to those who would not, or could not, do so. In course of time, the Negro republic expanded until it included a number of towns. Palmares alone is said to have had a population of 20,000, and the number of fighting men in the whole republic was some 10,000. The capital city, Palmares, was surrounded by wooden walls, made of the trunks of large trees. The city was entered by means of three huge gates, on the tops of which were great platforms, always well guarded.
For nearly half a century the little republic prospered. It was perhaps only natural that the Portuguese settlers should wish to destroy it, for it represented an alien force and an ever present danger, certainly so far as their profits from the use of slave labor went. At any rate, in the year 1696, Governor Caetano de Mello of Pernambuco decided upon an expedition against Palmares. A strong force was sent, but it was met by the Negroes and totally defeated. A veritable army of some 7,000 men was now gathered, and placed under the command of a competent soldier named Bernardo Vieira. This time, the Portuguese troops were well provided with artillery, with which the Negro republic could not be expected to cope. Palmares was reached, but it was in no mood for surrender, and it was necessary to begin a regular siege of the city. The defence was desperate. After the Portuguese artillery had breached the walls in three places, their infantry attacked in force. They entered the city, but had to take it, foot by foot. At last, the defenders came to the center of Palmares, where a high cliff impeded further retreat. Death or surrender were now the only alternatives. Seeing that his cause was lost beyond repair, the Zombe hurled himself over the cliff, and his action was followed by the most distinguished of his fighting men. Some prisoners were indeed taken, but it is perhaps a tribute to Palmares, though a gruesome one, that they were all put to death; it was not safe to enslave these men, despite the value of their labor. Thus passed Palmares, the Negro Numantia, most famous and greatest of the Brazilian qui-lombos.
SLAVERY IN CALIFORNIA
Slavery in California prior to the Mexican War was slavery in the Spanish possessions. The Spaniards began with the enslavement of Indians and later at the advice of De las Casas changed to that of Negroes.16 This system was first used in the West Indies and later extended to other colonies. It is said that about the year 1537, Cortes fitted out at the port of Tehuantepec, several small vessels, provided with everything required for planting a colony and sailed north to the head of the Gulf of California, transporting four hundred Spaniards and three hundred Negro slaves, that he had assembled for that purpose.17 This is the first mention of Negro slavery in California. After the founding of the Mission of San Carlos by the president, Father Junipero Serra, with a community of twenty-three friars, we read that the first interment in the cemetery was that of Ignacio Ramirez, a former mulatto slave from San Antonio, who had money to purchase his freedom.18 There were too a number of Negro slaves brought to California between these periods. They came on trading ships and with various expeditions, which they usually deserted after reaching the State. Hittell is wrong, therefore, in saying that the first slave in California was brought there in 1825 when the wife of Antonio José de Cot, a Spaniard, brought with her a slave girl named Juana, fourteen years of age, from Lima to San Francisco. He doubted even that this was the first slave in California for the lady expressed her intention to avail herself of the first opportunity to leave.19
Spain did not especially bother about Negro slavery in her Pacific coast territory for nearly two hundred years before the coming of the Americans. She promised by the treaty of September 30, 1817, to abolish the slave trade October 31, 1820, in all Spanish territory. In 1821, however, certain of the northern colonies of Spain in America established their independence as the United States of Mexico.[5] Three years later the importation of slaves from foreign countries was prohibited and children of slave parents were declared free. Notwithstanding this there set in considerable emigration from the Southern States followed by an agitation for the acquisition of Texas. In 1827, therefore, Coahuila and Texas were organized as a State with a law prohibiting slavery. As this, however, did not check the immigration, President Guerro issued a decree20 in 1829 abolishing slavery in Mexico on the occasion of the celebration of the independence of Mexico and in 1830 ordered a military occupation of the State to enforce the anti-slavery measure.[4] But the aggressive southerner ever endeavoring to extend the territory of slavery had all but won the day in Texas. In 1836 Texas declared itself a republic with a constitution permitting the introduction of slavery and forbidding the residence of free Negroes without the consent of its Congress. Then came the Mexican War resulting in the defeat of Mexico and the cession to the United States of a vast territory of which California was the most valuable part.
It is clear, therefore, that at the time the United States government acquired the territory of California from Mexico, slavery had been abolished there nearly twenty years. The pro-slavery party, however, did not consider this action of Mexico a finality in the settlement of the slavery question in the new possessions. When a bill providing for the purchase of this territory was laid before the house, David Wilmot, of Pennsylvania, after consultation with other northern democrats, offered the following amendment:
"Provided that an express and fundamental condition to the acquisition of any territory from the republic of Mexico by the United States, by virtue of any treaty which may be negotiated between them, and to the use by the executive of the moneys herein appropriated, neither slavery nor involuntary servitude shall ever exist in any part of said territory, except for crime whereof the party shall first be duly convicted."21
This proviso was adopted by a vote of 83 to 64. The bill carrying this proviso was then reported to the Senate where followed a heated debate which lasted until adjournment, the proviso being killed in the midst of stormy scenes in Congress.22 This discussion showed that few statesmen believed that slavery would be profitable in California. They were not unlike Daniel Webster who, while speaking on the admission of the State of Texas, said that slavery was effectually excluded from California and New Mexico by a law even superior to that which admits and sanctions it in Texas. He meant the law of nature. The physiographic conditions of the country would forever exclude African slavery there; and it needed not the application of a proviso.