as his property, as having belonged to his ship, “The Treasurer.”  Every thing that would embarrass Kendall was introduced by the earl.  At length, as a final resort, charges were formally preferred against him, and the matter referred to Butler for decision.  Capt.  Kendall did not fail to appreciate the gravity of his case, when charges were preferred against him in London, and the trial ordered before the man of whom he asked restitution!  The case remained in statu quo until July, 1622, when the court made a disposition of the case.  Nine of the slaves were to be delivered to Capt.  Kendall, “and the rest to be consigned to the company’s use.”  This decision was reached by the court after the Earl of Warwick had submitted the case to the discretion and judicial impartiality of the judges.  The court gave instructions to Capt.  Bernard, who was then the governor, to see that its order was enforced.  But while the order of the court was in transitu, Bernard died.  The earl, learning of the event, immediately wrote a letter, representing that the slaves should not be delivered to Kendall; and an advantage being taken—­purely technical—­of the omission of the name of the captain of the Holland man-of-war, Capt.  Kendall never secured his nine slaves.

It should be noted, that while Rolfe, in Capt.  Smith’s history, fixes the number of slaves in the Dutch vessel at twenty,—­as also does Beverley,—­it is rather strange that the Council of Virginia, in 1623, should state that the commanding officer of the Dutch man-of-war told Capt.  Kendall that “he had fourteen Negroes on board!"[132] Moreover, it is charged that the slaves taken by “The Treasurer” were divided up among the sailors; and that they, having been cheated out of their dues, asked judicial interference.[133] Now, these slaves from “The Treasurer” “were placed on the Earl of Warwick’s lands in Bermudas, and there kept and detained to his Lordship’s use.”  There are several things apparent; viz., that there is a mistake between the statement of the Virginia Council in their declaration of May 7, 1623, about the number of slaves landed by the man-of-war, and the statements of Beverley and Smith.  And if Stith is to be relied upon as to the slaves of “The Treasurer” having been taken to the “Earl of Warwick’s lands in Bermudas, and there kept,” his lordship’s claim to the slaves Capt.  Kendall got from the Dutch man-of-war was not founded in truth or equity!

Whether the number was fourteen or twenty, it is a fact, beyond historical doubt, that the Colony of Virginia purchased the first Negroes, and thus opened up the nefarious traffic in human flesh.  It is due to the Virginia Colony to say, that these slaves were forced upon them; that they were taken in exchange for food given to relieve the hunger of famishing sailors; that white servitude[134] was common, and many whites were convicts[135] from England; and the extraordinary demand for laborers may have deadened