NOTES 
 
 ON THE 
 
 HISTORY OF SLAVERY 
 
 IN 
 
 MASSACHUSE TTS 
 
 BY 
 
 GEORGE H. MOORE 
 
 LIBRARIAN OF THE NEW-YORK HISTORICAL SOCIETY AND CORRESPONDING 
 MEMBER OF THE MASSACHUSETTS HISTORICAL SOCIETY 
 
 iis nescit, primam esse historiae legem, ne quid falsi 
 dicere audeat? deinde ne quid veri non audeat? 
 
 rT^v Cic. de Orat. t n., 15. 
 tf OF THE ^L 
 
 I UNIVERSITY \ 
 
 OF 
 
 NEW-YORK 
 D. APPLETON & CO. ^ & 445 BROADWAY 
 
 MDCCCLXVI 
 
Entered, according to Act of Congrefs, in the year 1866, by 
 
 GEORGE H. MOORE, 
 
 In the Clerk s Office of the Diftridt Court of the United States for the 
 Southern Diftridl of New York. 
 
 Stereotyped by JOHN F. TROW & Co., 50 Greene Street, New York. 
 
CONTENTS. 
 
 I. EARLY HISTORY OF SLAVERY IN MASSACHUSETTS. 
 
 PURITAN THEORY AND PRACTICE OF SLAVERY. . I io 
 
 II. THE LAW OF SLAVERY IN MASSACHUSETTS. ITS 
 ESTABLISHMENT AND MODIFICATION. SLAVERY 
 HEREDITARY IN MASSACHUSETTS. RESOLVE IN 
 1646, TO RETURN STOLEN NEGROES TO AFRICA, 
 NOT AN ACT HOSTILE TO SLAVERY. . . IO 30 
 
 III. SLAVERY OF INDIANS IN MASSACHUSETTS. AT 
 
 TEMPT TO SELL CHILDREN OF QUAKERS. . . 30 48 
 
 IV. STATISTICS OF SLAVE-POPULATION. LEGISLATION 
 
 CONCERNING SLAVES AND SLAVERY. TAXA 
 TION OF SLAVE-PROPERTY. THE SLAVE-TRADE. 48 72 
 V. EARLIEST ANTI-SLAVERY MOVEMENTS IN AME 
 RICA, IN RHODE ISLAND AND PENNSYLVANIA. 
 CHIEF-JUSTICE SEWALL. CHARACTER AND 
 CONDITIONS OF SLAVERY IN MASSACHUSETTS. 
 JAMES OTIS S PROTEST AGAINST NEGRO-SLAV 
 ERY. JOHN ADAMS SHUDDERS AT HIS DOC 
 TRINES. . . ... 72111 
 
 VI. " THE FREEDOM SUITS." SLAVERY CHALLENGED. 
 MOVEMENTS IN THE LEGISLATURE BETWEEN 
 1767 AND 1775. . . . in ^7 
 
 VII. THE DOCTRINE OF PRIZE IN NEGROES. ACTION 
 OF MASSACHUSETTS IN 1776. NATIONAL 
 LEGISLATION ON THE SUBJECT. HISTORY OF 
 THE DOCTRINE. SOUTH CAROLINA SLAVES 
 CAPTURED BY THE BRITISH, AND RECAPTURED 
 BY MASSACHUSETTS VESSELS OF WAR. LEGIS- 
 
 102116 
 
IV 
 
 Contents. 
 
 LATIVE AND JUDICIAL PROCEEDINGS OF MASSA 
 CHUSETTS. ...... 
 
 VIII. PROGRESS OF PUBLIC OPINION ON SLAVERY IN 
 MASSACHUSETTS DURING THE REVOLUTION. 
 ATTEMPT TO ABOLISH SLAVERY IN 1777. 
 SUBJECT REFERRED TO THE CONTINENTAL CON 
 GRESS. THE CONSTITUTION OF 1778. CON 
 TROVERSY ON NEGRO EQUALITY. STATUS o/ 
 FREE NEGROES. ..... 
 
 IX. THE CONSTITUTION OF 1780. ALLEGED ABOLI 
 TION OF SLAVERY. THE QUESTION EXAMINED. 
 JUDICIAL LEGISLATION IN 1781-83. THE 
 JENNISON SLAVE-CASES. APPEAL OF SLAVE 
 OWNERS TO THE LEGISLATURE. 
 X. ABOLITION OF THE SLAVE-TRADE. LEGISLATION 
 AGAINST NEGROES. EXPULSION OF NEGROES 
 FROM THE STATE. CONCLUSION. 
 
 APPENDIX. 
 
 A. THE MILITARY EMPLOYMENT OF NEGROES IN 
 
 MASSACHUSETTS. ..... 
 
 B. ADDITIONAL NOTES, ETC. 
 
 C. JUDGE SAFFIN S REPLY TO JUDGE SEWALL, 1701. 
 
 148 176 
 
 176200 
 
 200 223 
 
 224 242 
 
 243246 
 246 250 
 251256 
 
NOTES ON THE HISTORY OF 
 SLAVERY IN MASSACHUSETTS. 
 
 I. 
 
 E find the earlieft records of the hiftory 
 of flavery in Maflachufetts at the period 
 of the Pequod War a few years after the 
 Puritan fettlement of the colony. Prior 
 to that time an occafional offender againft the laws was 
 puniftied by being fold into flavery or adjudged to fer- 
 vitude; but the inftitution firft appears clearly and di- 
 tinctly in the enflaving of Indians captured in war. We 
 may hereafter add a iketch of the theories which were 
 held to juftify the bondage of the heathen, but at pref- 
 ent limit ourfelves to the collection of facts to illuftrate 
 our general fubjecl. And at the outfet we defire to fay 
 that in this hiftory there is nothing to comfort pro- 
 flavery men anywhere. The ftains which flavery hasj 
 left on the proud efcutcheon even of Maflachufetts,] 
 are quite as fignificant of its hideous character as the\ 
 
2 Notes on the Hi/lory of 
 
 fatanic defiance of God and Humanity which accom 
 panied the laying of the corner-flone of the Slave 
 holders Confederacy. 
 
 The ftory of the extermination of the Pequods is 
 well known* It was that warlike tribe who, in the 
 early months of "that fatal year," 1637, were re 
 ported by Governor Winflow to Winthrop as follows : 
 
 <c The Pecoats follow their fifhing & planting as 
 if they had no enemies. Their women of efteem & 
 children are gone to Long Ifland with a ftrong gard 
 at Pecoat. They profefle there you mail finde them, 
 and as they were there borne & bred, there their 
 bones mall be buried, & rott in defpight of the 
 Englifh. But if the Lord be on our fide, their 
 braggs will soon fall." M. H. S. Coll., iv., vL, 164. 
 
 The extracts which follow explain themfelves and 
 hardly require comment. 
 
 Roger Williams, writing from Providence [in June, 
 1637] to John Winthrop, fays: fc I underftand it 
 would be very gratefvll to our neighbours that fuch 
 Pequts as fall to them be not enflaved, like thofe 
 which are taken in warr ; but (as they fay is their 
 generall cuftome) be vfed kindly, haue howfes & 
 goods & fields given them : becaufe they voluntarily 
 choofe to come in to them, & if not receaved will 
 [go] to the enemie or turne wild I rim themfelues : 
 but of this more as I mall vnderftand. . . ." M. H. 
 S. Coll., iv., vi., 195. 
 
 Again [probably in July, 1637] : fc It having 
 againe pleafed the Moft High to put into your hands 
 another miferable droue of Adams degenerate feede, 
 & our brethren by nature, I am bold (if I may not 
 
Slavery in Majfachufetts. 3 
 
 offend in it) to requeft the keeping & bringing vp of 
 one of the children. I haue fixed mine eye on this 
 little one with the red about his neck, but I will not 
 be peremptory in my choice, but will reft in your 
 loving pleafure for him or any," &c. M. H. S. Coll., 
 iv., vi., 195-6. 
 
 Again [probably i8th September, 1637]: "Sir, 
 concerning captiues (pardon my wonted boldnefs) the 
 Scripture is full of mysterie & the Old Teftament 
 of types. 
 
 " If they have deserued death tis sinn to spare : 
 
 "If they haue not deserued death then what 
 punimments ? Whether perpetuall flaverie. 
 
 " I doubt not but the enemie may lawfully be 
 weaknd & despoild of all comfort of wife & children 
 &c., but I befeech you well weigh it after a due time 
 of trayning vp to labour & reftraint, they ought not 
 to be fet free : yet so as without danger of adioyning 
 to the enemie." M. H. S. Coll., iv., vi., 214. 
 
 Later in the fame year [Nov. 1637] Roger Wil 
 liams, who had promifed certain fugitive flaves to in 
 tercede for them, " to write that they might be vfed 
 kindly" fulfilled his promife in a letter to Winthrop, 
 in which, after ftating their complaints of ill usage, 
 &c., he adds : 
 
 " My humble defire is that all that haue thefe 
 poor wretches might be exhorted as to walke wifely 
 & iuftly towards them, so to make mercy eminent, 
 for in that attribute the Father of mercy moft mines 
 to Adams miserable ofspring." M. H. S. Co!!. y iv., 
 vi., 218, 219. 
 
 Hugh Peter writes to John Winthrop from Salem 
 
4 Notes on the Hiftory of 
 
 (in 1637) : . " Mr. Endecot and my felfe falute you in 
 the Lord Jefus, etc. Wee haue heard of a diuidence of 
 women and children in the bay and would bee glad of a 
 mare, viz. : a young woman or girle and a boy if you 
 thinke good. / wrote to you for fome boyes for Ber 
 mudas, which I thinke is conjiderable" M. U.S. Coll., iv., 
 
 vi., 95- 
 
 In this application of Hugh Peter we have a 
 glimpse of the beginning of the Colonial Slave-Trade. 
 He wanted " fome boyes for the Bermudas," which 
 he thought was " confiderable." 
 
 It would feem to indicate that this difpofition of 
 captive Indian boys was in accordance with custom 
 and previous practice of the authorities. At any rate, 
 it is certain that in the Pequod War they took many 
 prifoners. Some of thefe, who had been "difposed 
 of to particular perfons in the country," Winthrop, i., 
 232, ran away, and being brought in again were 
 "branded on the fhoulder," ib. In July, 1637, 
 Winthrop fays, "We had now flain and taken, in 
 all, about feven hundred. We fent fifteen of the boys 
 and two women to Bermuda, by Mr. Peirce ; but he, 
 miffing it, carried them to Providence Ifle," Win 
 throp, i., 234. The learned editor of Winthrop s 
 Journal, referring to the fact that this proceeding in 
 that day was probably juftified by reference to the 
 practice or inftitution of the Jews, very quaintly ob- 
 ferves, cc Yet that cruel people never fent prifoners fo 
 far." Ib., note. 
 
 Governor Winthrop, writing to Governor Brad 
 ford of Plymouth, -28th July, 1637, an account of 
 their fuccefs againft the Pequods " y e Lords greate 
 
Slavery in Maffachusetts. 5 
 
 mercies towards us, in our prevailing againft his & 
 our enimies" says : 
 
 " The prifoners were devided, fome to thofe of 
 y e river [the Connecticut Colony] and the reft to us. 
 Of thefe we fend the male children to Bermuda, by 
 Mr. William Peirce, & y e women & maid children 
 are difpofed aboute in y e tounes. Ther have now 
 been flaine and taken, in all, aboute 700." M. H. S. Coll., 
 iv., iii., 360. Compare the order for " difpofing of 
 y e Indian fquaws," in Mass. Records, i., 201. 
 
 Bradford s note to the letter quoted above, fays 
 of their being fent to Bermuda : " But y y were car 
 ried to f Weft Indeas." 
 
 Hubbard, the contemporary hiftorian of the Indian 
 Wars, fays of thefe captives, " Of thofe who wer not 
 fo defperate or fullen to fell their lives for nothing, 
 but yielded in time, the male Children were fent to the 
 Bermudas, of the females fome were diftributed to the 
 Englim Towns ; fome were difpofed of among the 
 other Indians, to whom they were deadly enemies, as 
 well as to ourfelves." Narrative, 1677, p. 130. 
 
 A fubfequent entry in Winthrop s Journal gives 
 us another glimpfe of the fubjecl, Feb. 26, 1638. 
 
 " Mr. Peirce, in the Salem ftiip, the Defire, re 
 turned from the Weft Indies after feven months. He 
 had been at Providence, and brought fome cotton, 
 and tobacco, and negroes, etc., from thence, and fait 
 from Tertugos ;" Winthrop, L, 254. He adds to this 
 account that " Dry fiih and ftrong liquors are the 
 only commodities for thofe parts. He met there 
 two men-of-war, fet forth by the lords, etc., of Provi 
 dence with letters of mart, who had taken divers 
 
6 Notes on the Hiftory of 
 
 prizes from the Spaniard and many negroes." Long 
 afterwards Dr. Belknap faid of the flave-trade, that the 
 rum diftilled in MafTachufetts was " the mainfpring 
 of this traffick." M. H. S. Coll, i., iv., 197. 
 
 JolTelyn fays, that cc they sent the male children 
 of the Pequets to the Bermudus." 258. M.H.S. 
 Coll., iv., iii., 36O. 1 
 
 This lingle cargo of women and children was 
 probably not the only one fent, for the Company of 
 Providence Ifland, in replying from London in 1638, 
 July 3, to letters from the authorities in the ifland, 
 direct fpecial care to be taken of the cc Cannibal ne 
 groes brought from New England." Sain/fury s 
 Calendar > 1574 1660, 2y8. 2 
 
 And in 1639, wnen tne Company feared that the 
 number of the negroes might become too great to be 
 managed, the authorities thought they might be fold 
 and fent to New England or Virginia. 7A, 296. 
 
 The fhip " Defire" was a veflel of one hundred 
 and twenty tons, built at Marblehead in 1636, one 
 of the earliefl built in the Colony. Winthropj i., 193. 
 
 In the Pequot War, fome of the Narraganfetts 
 
 1 Governor Winthrop in his will (1639-41) left to his fon Adam his 
 ifland called the Governor s Garden, adding, " I give him alfo my Indians 
 there and my boat and fuch houfehold as is there." Winthrop s Journal^ 
 ii., 360., App. 
 
 2 " We would have the Cannibal negroes brought from New England 
 inquired after, whofe they are, and fpeciall care taken of them." P. R. O. 
 Col. Ent. Bk., Vol. iv., p. 1 24. In the preface to the Colonial Calendar, p. 
 xxv., Mr. Sainfbury explains why no anfwers to the Company s letters are 
 in the State Paper Office. The Bahama Iflands were governed abfolutely 
 by a Company in London, and unfortunately the letters received by the 
 Company have not been preferred, or if fo, it is not known where they 
 now are. MS. Letter. 
 
Slavery in Majfachujetts. 7 
 
 joined the Englifh in its profecution, and received a 
 part of the prifoners as flaves, for their fervices. 
 Miantunnomoh received eighty, Ninigret was to have 
 twenty. Mather fays of the principal engagement, 
 " the captives that were taken were about one hundred 
 and eighty, which were divided between the two 
 Colonyes, and they intended to keep them as ferv- 
 ants, but they could not endure the Yoke, for few of 
 them continued any confiderable time with their mas 
 ters." Drake, 122, 146. Mather s Relation, quoted by 
 Drake, 39. See alfo Hartford Treaty, Sept. 21, 1638, 
 in Drake, 125. Drake s Mather, 150, 151. 
 
 Captain Stoughton, who aflifted in the work of 
 exterminating the Pequots, after his arrival in the 
 enemy s country, wrote to the Governor of Maflachu- 
 fetts [Winthrop] as follows : " By this pinnace, you 
 fhall receive forty-eight or fifty women and children. 
 . . . Concerning which, there is one, I formerly men 
 tioned, that is the faireft and largest that I faw amongft 
 them, to whom I have given a coate to cloathe her. 
 It is my defire to have her for a fervant, if it may 
 ftand with your good liking, elfe not. There is a 
 little fquaw that Steward Culacut desireth, to whom 
 he hath given a coate. Lieut. Davenport alfo defireth 
 one, to wit, a fmall one, that hath three ftrokes upon 
 her ftomach, thus: 1|| +. He defireth her, if it 
 will ftand with your liking. Sofomon, the Indian, 
 defireth a young little fquaw, which I know not." MS. 
 Letter in Mafs. Archives, quoted by Drake, 171. 
 
 An early traveller in New England has preferved 
 for us the record of one of the earlieft, if not, indeed, 
 the very firft attempt at breeding of flaves in Amer- 
 
8 Notes on the Hiftory of 
 
 ica. The following paflage from JofTelyn s Account 
 of Two Voyages to New England, published at Lon 
 don in 1664, will explain itfelf: 
 
 "The Second of Qttober^ [1639] a ^out 9 of the 
 clock in the morning Mr. Mavericks Negro woman 
 came to my chamber window, and in her own Coun- 
 trey language and tune fang very loud and fhrill, go 
 ing out to her, me ufed a great deal of refpect to 
 wards me, and willingly would have exprefTed her 
 grief in Englijh ; but I apprehended it by her coun 
 tenance and deportment, whereupon I repaired to 
 my hoft, to learn of him the caufe, and refolved to 
 intreat him in her behalf, for that I underftood be 
 fore, that me had been a Queen in her own Coun- 
 trey, and obferved a very humble and dutiful garb 
 ufed towards her by another Negro who was her maid, 
 Mr. Maverick was defirous to have a breed of Ne 
 groes, and therefore feeing me would not yield by 
 perfuafions to company with a Negro young man he 
 had in his houfe ; he commanded him wilPd me nill d 
 me to go to bed to her, which was no fooner done 
 but me kickt him out again, this me took in high 
 difdain beyond her flavery, and this was the caufe of 
 her grief." Jo/elyn, 28. 
 
 Joflelyn vifited New England twice, and fpent 
 about ten years in this country, from 163839 and 
 1663 to 1671. In fpeaking of the people of Bofton 
 he mentions that the people " are well accommodated 
 with fervants .... of thefe fome are Englifh, others 
 Negroes." Ibid., 182. 
 
 Mr. Palfrey fays: "Before Winthrop s arrival 
 there were two negro flaves in Maflachufetts, held 
 
Slavery in Majfachufetts. 9 
 
 by Mr. Maverickj on Noddle s Ifland." Hiftory of 
 New England, II., 30, note. If there is any evidence 
 to fuftain this ftatement, it is certainly not in the 
 authority to which he refers. On the contrary, the 
 inference is irrefiftible from all the authorities to 
 gether, that the negroes of Mr. Maverick were a por 
 tion of thofe imported in the firft colonial flave-fhip, 
 the Defire, of whofe voyage we have given the hiftory. 
 It is not to be fuppofed that Mr. Maverick had 
 waited ten years before taking the fteps towards im 
 proving his ftock of negroes, which are referred to 
 by JofTelyn. Ten years flavery on Noddle s Ifland 
 would have made the negro-queen more familiar with 
 the Englifh language, if not more compliant to the 
 brutal cuftoms of flavery. 
 
 It will be obferved that this firft entrance into the 
 flave-trade was not a private, individual fpeculation. 
 It was the enterprife of the authorities of the Colony. 
 And on the ijth March, 1639, it was ordered by the 
 General Court ""that 3/ $s should be paid Leiftenant 
 Davenport for the prefent, for charge diflburfed for 
 the flaves, which, when they have earned it, hee is to 
 repay it back againe." The marginal note is, c< Lieft. 
 Davenport to keep y e flaues." Majs. Rec., i., 253. 
 
 Emanuel Downing, a lawyer of the Inner Tem 
 ple, London, who married Lucy Winthrop, iifter of 
 the elder Winthrop, came over to New England in 
 1638. The editors of the Winthrop papers fay of 
 him, " There were few more active or efficient friends 
 of the Maflachufetts Colony during its earlieft and 
 moft critical period." His fon was the famous Sir 
 George Downing, Englifti ambaflador at the Hague. 
 
io Notes on the Hiftory of 
 
 In a letter to his brother-in-law, "probably writ 
 ten during the fummer of 1645," is a moft luminous 
 illustration of the views of that day and generation 
 on the subject of human ilavery. He fays : 
 
 " A warr with the Narraganfett is verie confider- 
 able to this plantation, ffor I doubt whither yt be not 
 fynne in vs, hauing power in our hands, to fuffer 
 them to maynteyne the worihip of the devill, which 
 their paw wawes often doe ; 2lie, if upon a Juft warre 
 the Lord mould deliver them into our hands, we 
 might eafily haue men, woemen and children enough 
 to exchange for M cores, which wilbe more gayneful 
 pilladge for vs than wee conceive, for I doe not fee 
 how wee can thrive vntill wee gett into a flock of 
 slaves fufficient to doe all our buifmes, for our child 
 ren s children will hardly fee this great Continent 
 filled with people, foe that our fervants will ftill defire 
 freedom to plant for them felues, and not ftay but for 
 verie great wages. And I fuppofe you know verie 
 well how wee mall maynteyne 20 M cores cheaper than 
 one Englifhe fervant. 
 
 " The mips that mall bring Moores may come 
 home laden with fait which may beare most of the 
 chardge, if not all of yt. But I marvayle Conecticott 
 mould any wayes hafard a warre without your advife, 
 which they cannot mayntayne without your helpe." 
 M. H. S. Coll, iv., vi., 65. 
 
 II. 
 
 WE come now to the era of pofitive legiflation on 
 the fubjed of human bondage in America. Mr. 
 
Slavery in Majfachufetts. n 
 
 Hurd, the ableft writer on this fubject, fays : <c The 
 involuntary fervitude of Indians and negroes in the 
 feveral colonies originated under a law not promulgated 
 by legiflation, and refted upon prevalent views of uni- 
 verfal jurifprudence, or the law of nations , fupported 
 by the exprefs or implied authority of the home Gov 
 ernment/ Law of Freedom and Bondage, 216, i., 
 225. 
 
 Under this fanction flavery may very properly be 
 faid to have originated in all the colonies, but it was 
 not long before it made its appearance on the ftatute- 
 book in MafTachufetts. The firfl ftatute eftablifti- 
 ing flavery in America is to be found in the famous 
 CODE OF FUNDAMENTALS, or BODY OF LIBERTIES OF 
 THE MASSACHUSETTS COLONY IN NEW-ENGLAND the 
 firft code of laws of that colony, adopted in Decem 
 ber, 1641. Thefe liberties had been, after a long 
 ftruggle between the magiftrates and the people, ex- 
 traded from the reluctant grafp of the former. 
 " The people had [1639] long defireda body of laws, 
 and thought their condition very unfafe, while fo 
 much power refted in the difcretion of magiftrat.es." 
 Winthrop) i., 322. Never were the demands of a free 
 people eluded by their public fervants with more of 
 the contortions as well as wifdom of the ferpent. 
 Compare Gray in M. H. S., m., viii., 208. 
 
 The fcantinefs of the materials for the particular 
 hiftory of this renowned code is fuch as to forbid the 
 attempt to trace with certainty to its origin the law 
 in queftion. It is, however, obvious that it was 
 made to provide for flavery as an exifting, subftantial 
 fact, if not to reftrain the application of thofe higher- 
 
12 Notes on the Hiftory of 
 
 law doctrines, which the magistrates muft have fome- 
 times found inconvenient in adminiftration. The 
 preamble to the Body of Liberties itfelf might have 
 been conftrued into fome vague recognition of rights 
 in individual members of fociety fuperior to legiflative 
 power although it was promulgated by the pofTerTors 
 of the moft arbitrary authority in the then actual 
 holders of legiflative and executive power. Compare 
 Hurd*s Law of Freedom and Bondage, i., 198. Had 
 they only learned to reafon as fome of the modern 
 writers of MafTachufetts hiftory have done on this 
 fubjecl, the poor Indians and Negroes of that day 
 might have compelled additional legiflation if they 
 could not vindicate their rights to freedom in the gen 
 eral court. For the firft article of the Declaration of 
 Rights in 1780, is only a new edition of cc the glitter 
 ing and founding generalities " which prefaced the 
 Body of Liberties in 1641. Under the latter, human 
 flavery exifted for nearly a century and a half without 
 ferious challenge, while under the former it is faid to 
 have been abolifhed by inference by a public opinion 
 which ftill continued to tolerate the flave-trade. 
 
 But to the law and the testimony. The ninety- 
 firfl article of the Body of Liberties appears as fol 
 lows, under the head of 
 
 " Liberties of Forreiners and Strangers. 
 
 " 91. There mail never be any bond flaverie, vil- 
 linage or captivitie amongft us unles it be lawfull 
 captives taken in jufl warres, and fuch Strangers as 
 willingly felle themfelves or are fold to us. And 
 thefe mall have all the liberties and Chriftian ufages 
 
Slavery in Majfachufetts. 13 
 
 which the law of God eftablifhed in Ifraell concerning 
 fuch perfons doeth morally require. This exempts 
 none from fervltude who Jfltall .be Judged thereto by 
 Authentic." M. H. S. Co^iii.^vm y 231, 
 
 Thefe laws were not printed, but were published 
 in manufcript 1 under the fuperintendence of a com 
 mittee in which Deputy-Governor Endicott was aflb- 
 ciated with Mr. Downing and Mr. Hauthorne, and, 
 Governor Winthrop fays, "eftablifhed for three years, 
 by that experience to have them fully amended and 
 eftablifhed to be perpetual." Majs. Records y i., 344, 
 346. Winthrop 9 s Journal, IL, 55. By the ninety- 
 eighth and laft fection of this code, it was decreed as 
 follows : 
 
 c< 98. Laftly becaufe our dutie and defire is to do 
 nothing fuddainlie which fundamentally concerne us, 
 we decree that thefe rites and liberties, mall be Aud- 
 ably read and deliberately weighed at every Generall 
 Court that mall be held, within three yeares next in- 
 fueing, And fuch of them as mall not be altered or 
 repealed they mall ftand fo ratified, That no man mall 
 infringe them without due punimment. 
 
 " And if any Generall Court within thefe next 
 thre yeares mall faile or forget to reade and confider 
 them as abovefaid, The Governor and Deputy Gov 
 ernor for the time being, and every Affiftant prefent 
 at fuch Courts, mall forfeite 20 m. a man, and everie 
 Deputie 10 m. a man for each neglect, which mall be 
 
 1 There is no reafon to doubt the authenticity of the ancient MS. 
 which was the foundation of the very able and inftru&ive paper of the late 
 Mr. Francis C. Gray on " The Early Laws of Ma/achufetts" as a part of 
 which the Body of Liberties was printed in 1843. 
 
14 Notes on the Hiftory of 
 
 paid out of their proper eftate, and not by the Coun 
 try or the Townes which choofe them, and whenfo- 
 ever there mall arife any queftion in any Court 
 amonge the Affiftants and AfTbciates thereof about 
 the explanation of thefe Rites and liberties. The Gen- 
 erall Court onely mall have power to interprett 
 them." M. H. S. Coll., in., viii., 236, 237. 
 
 It is not to be doubted that at the following fef- 
 fions of the General Court, " the lawes were read 
 over, 5 in accordance with this decree. And before 
 the expiration of the three years, committees were ap 
 pointed to revife the Body of Liberties, and orders 
 relating to it were parTed every year afterward until 
 1648, when the laws were firft printed. Gray s Re 
 ports, ix., 513^ 
 
 Of this firft printed edition of the laws it is fup- 
 pofed that no copy is now in exiftence. Ibid. This 
 is much to be regretted, as a comparifon might pof- 
 fibly throw fome light on the change in the law of 
 flavery, which appears in all the fubfequent editions. 
 Although hitherto entirely unnoticed, we regard it as 
 highly important ; for it takes away the foundation 
 of a grievous charge againft that God-fearing and law- 
 abiding people. For, if cc no perfon was ever born 
 into legal flavery in Maflachufetts," there was a moft 
 mocking chronic violation of law in that Colony and 
 Province for more than a century, hardly to be recon 
 ciled with their hiftqrical reputation. 
 
 1 In the elaborate, learned, and moft valuable note of Mr. Gray, here 
 referred to, the reader will find references to all the original authorities, 
 which it is needlefs to repeat in this place. We have been unable to veri 
 fy his reference to Mafs. Records, n., 2, for proceedings of the General 
 Court on the aoth May, 1642, in the common copies of that volume. 
 
Slavery in Maffachujetts. 15 
 
 In the fecond printed edition, that of 1660, the 
 law appears as follows, under the title 
 
 " BOND-SLAVERY. 
 
 IT is Ordered by this Court & Authority there 
 of; That there fhall never be any bond-flavery/ 
 villenage or captivity amongft us, unles it be Lawful] 
 captives, taken in jufl warrs, [or JucH\ as \Jhall~\ will 
 ingly fell themfelves, or are fold to us, and fuch fhall 
 have the liberties, & Chriftian ufuage, which the 
 Law of God eftablifhed in Ifrael, Concerning fuch 
 perfons, doth morally require, provided this exempts 
 none from fervitude, who mall be judged thereto by 
 Authority. [1641.]" Mafs. Laws, Ed. 1660,^.5. 
 
 The words italicized in brackets appear among 
 the manufcript corrections of the copy which (former 
 ly the property of Mr. Secretary Rawfon, who was 
 himfelf apparently the Editor of the volume) is now 
 preferved in the Library of the American Antiquarian 
 Society at Worcefter, in Maffachufetts. It is plain, 
 however, that the printed text required correction, 
 and although no better authority can poffibly be de 
 manded than that of the Editor himfelf it is confirmed 
 by the subfequent edition of 1672, in which the fame 
 error, having been repeated in the text, is made the 
 occasion of a correction in the printed table of errata. 
 There is a want of accuracy even in this correction it- 
 felf ; but the intention is fo obvious that it cannot be 
 miftaken. Mafs. Laws, Ed. 1672, pp. 10, 170. 
 
 To prevent any poflible doubt which may ftill 
 linger in the mind of any reader at the end of the 
 demonflration through which we ourfelves firft arrived 
 
1 6 Notes on the Hiftory of 
 
 at this refult, we will add the following record evi 
 dence afterwards difcovered which it will puzzle the 
 moil aftute critic to make cc void and of none effect." 
 
 In May, 1670, on the laft day of the month, a 
 committee was appointed by the General Court <c to 
 pervfe all our lawes now in force, to collect & drawe 
 vp any literall errors or mifplacing of words or fen- 
 tences therein, or any libertjes infringed, and to make 
 a convenient table for the ready finding of all things 
 therein, that fo they may be fitted ffor the preffe, & 
 the fame to prefent to the next feffion of this Court, 
 to be further confidered off & approved by the Court." 
 Mafs. Records, iv., ii., 453. 
 
 At the following feffion of the Court, the com 
 mittee prefented their report accordingly, and on the 
 1 2th October, 1670, the following order was made : 
 
 cc The Court, having pervfed & confidered of 
 the returne of the comittee, to whom the revejw of 
 the, lawes was referred, &c., by the Generall Court in 
 May laft, as to the litterall erratars, &c., do order 
 that in ***** 
 
 cc Page 5, Ij : 3, tit. Bondflauery, read c or fuch as 
 mall willingly/ &c." Mafs. Records, iv., ii., 467. 
 
 As the circumftances under which all thefe laws 
 and liberties were originally compofed and after long 
 difcuflion, minute examination, and repeated revifions, 
 finally fettled and eftablifhed, forbid the fuppofition 
 that flavery came in an unbidden or unwelcome gueft 
 fo is it equally impoffible to admit that this altera 
 tion of the fpecial law of flavery by the omiffion of so 
 important and fignificant a word could have been acci 
 dental or without motive. 
 
Slavery in Maffachufetts. 17 
 
 If under the original law the children of enflaved 
 captives and ftrangers might poflibly have claimed 
 exemption from that fervitude to which the recognized 
 common law of nations afligned them from their 
 birth ; this amendment, by finking out the word 
 " ftrangers/ removed the neceffity for alienage or 
 foreign birth as a qualification for flavery, and took 
 off the prohibition againft the children of flaves being 
 cc born into legal flavery in Maffachufetts." 
 
 It is true there is little probability that in thofe 
 days the natural rights of thefe little heathen, born in 
 a Chriftian land, would have been much regarded, or 
 that the owners of flave parents would have had much 
 difficulty in quieting the title by having the.increafe 
 of their chattels duly "judged" to fervitude by 
 authoritie," in accordance with the civil law; ftill 
 there might have been color for the claim to freedom, 
 which this amendment effectually barred. And this 
 was in accordance, too, with the law of Mofes the 
 children of flaves remained flaves, being the clafs 
 defcribed as cc born in the houfe." 
 
 This Maffachufetts law of flavery was not a regu 
 lation of the ftatus of indentured fervants. cc Bond- 
 flavery" was not the name of their fervice, neither is 
 it placed among the cc Liberties of Jervants" but thofe 
 of " Forreiners and ftrangers" And in all the editions 
 of the laws, this diftinction is maintained; " Bond- 
 flavery " being invariably a feparate title. White fer 
 vants for a term of years would hardly be defignated 
 as ftrangers, 1 and a careful ftudy of the whole fubjed: 
 
 1 John Cotton, in his letter to Cromwell, July 28, 1651, fays: "the 
 Scots, whom God delivered into your hands at Dunbarre, and whereof 
 
 2 
 
1 8 Notes on the Hiftory of 
 
 justifies at leafl the doubt whether the privileges of 
 fervants belonged to flaves at all. 
 
 The law mufl be interpreted in the light of con 
 temporaneous fads of hiflory. At the time it was 
 made (1641), what had its authors to provide for? 
 
 1. Indian flaves their captives taken in war. 
 
 2. Negro Haves their own importations of 
 
 "flrangers" obtained by purchafe or ex 
 change. 
 
 3. Criminals condemned to flavery as a punifh- 
 
 ment for offences. 
 
 In this light, and only in this light, is their legifla- 
 tion intelligible and confiflent. It is very true that 
 the code of which this law is a part cc exhibits through 
 out the hand of the practifed lawyer, familiar with the 
 principles and fecurities of Englifh Liberty ;" but 
 who had ever heard, at that time, of the " common- 
 law rights " of Indians and negroes, or anybody elfe 
 but Englimmen ? 
 
 Thus flood the flatute through the whole colonial 
 period, and it was never expreffly repealed. Bafed on 
 the Mofaic code, it is an abfolute recognition of 
 flavery as a legitimate flatus, and of the right of one 
 man to fell himfelf as well as that of another man to 
 buy him. It fanclions the flave-trade, and the per 
 petual bondage of Indians and negroes, their children 
 and their children s children, and entitles MafTachu- 
 fetts to precedence over any and all the other colonies 
 
 fundry were fent hither, we have been defirous (as we could) to make their 
 yoke eafy. * * They have not been fold for flaves to perpetuall 
 
 fervitude, but for 6, or 7 or 8 yearesj as we do our owne." Hutchinforfs 
 Coll.y 235. He certainly did not mean " our owne " Indians and negroes. 
 
Slavery in Majfachufetts. 19 
 
 in fimilar legiflation. It anticipates by many years 
 anything of the fort to be found in the flatutes of Vir 
 ginia, or Maryland, or South Carolina, and nothing 
 like it is to be found in the contemporary codes of 
 her fifler colonies in New England. Compare Hildreth, 
 i., 278. 
 
 Yet this very law has been gravely cited in a 
 paper communicated to the MafTachufetts Hiftorical 
 Society, and twice reprinted in its publications with 
 out challenge or correction, as an evidence that " fo 
 far as it felt free to follow its own inclinations, un 
 controlled by the action of the mother country, 
 Maflachufetts was hoftile to flavery as an inftitution." 
 M. H. S. Coll., iv., iv., 334. Proc., 1855-58,^. 189. 
 
 And with the ftatute before them, it has been per- 
 fiftently aflerted and repeated by all forts of authori 
 ties, historical and legal, up to that of the Chief 
 Juftice of the Supreme Court of the Commonwealth, 
 that " flavery to a certain extent feems to have crept 
 in ; not probably by force of any law, for none fuch 
 is found or known to exift." Commonwealth vs. Aves, 
 1 8 Pickering, 208. Shaw, C. J. 
 
 The leading cafe in Maflachufetts is that of Win- 
 chendon vs. Hatfield in error, iv Majs. Reports, 123. 
 It relates to the fettlement of a negro pauper who had 
 been a flave as early as 1757, and pafled through the 
 hands of nine feparate owners before 1775. From 
 the ninth he abfconded, and enlifted in the Mafla 
 chufetts Army among the eight-months men, at Cam 
 bridge, in the beginning of the Revolutionary War. 
 His term of fervice had not expired when he was 
 again fold, in July, 1776, to another citizen of Mafla- 
 
2o Notes on the Hiftory of 
 
 chufetts, with whom he lived about five weeks, when 
 he enlifled into the three-years fervice, and his laft 
 owner received the whole of his bounty and part of 
 his wages. 
 
 EDOM LONDON, for fuch was the name of this 
 revolutionary patriot, in 1806 was "poor," and "had 
 become chargeable" to the town in which he refided. 
 That town magnanimoufly ftruggled through all the 
 Courts, from the Justices Court up to the Supreme 
 Court of the Commonwealth, to fhift the refponsibility 
 for the maintenance and fupport of the old foldier 
 from itfelf to one of the numerous other towns in 
 which he had fojourned from time to time as the flave 
 of his eleven matters. The attempt was unfuccefsful ; 
 but it is worthy of notice, as Chief Juflice Parfons, 
 in the decifion on the appeal, fettled feveral very 
 important points concerning the laws of flavery in 
 Maffachufetts. He said : 
 
 " Slavery was introduced into this country [MafTa- C 
 chufetts] foon after its firft fettlement, and was tol 
 erated until the ratification of the prefent Conttitution 
 [the Constitution of 1780]. . . . The iflue of the 
 female flave, according to the maxim of the Civil 
 law, was the property of her matter." 
 
 With regard to this latter point, Chief Juftice 
 Dana, in directing a jury, in 1796, had ftated as the 
 unanimous opinion of the Court, that a negro born in 
 the State before the Conftitution of 1780, was born 
 free, although born of a female flave. 
 
 Chief Juftice Parfons, however, candidly declared 
 that "it is very certain that the general practice and 
 common ufage had been oppofed to this opinion." 
 
Slavery in Maffachujctts. 21 
 
 Chief Juftice Parker, in 1816, cautioufly confirmed 
 this view of the fubject by his predeceflbr. Andover 
 vs. Canton, 13 Mafs. Reports, 551-552.. 
 
 " The practice was ... to confider fuch ifTue as 
 flaves, and the property of the mafter of the parents, 
 liable to be fold and transferred like other chattels, 
 and as aflets in the hands of executors and adminiftra- 
 tors." He adds, "we think there is no doubt that, 
 at any period of our hiftory, the iflue of a flave huf- 
 band and a free wife would have been declared free." * 
 
 "His children, if the ifTue of a marriage with a 
 flave, would, immediately on their birth, become the 
 property of his mafter, or of the mafter of the female 
 flave." 
 
 Notwithftanding all this, in Mr. Sumner s famous 
 fpeech in the Senate, June 28, 1854, he boldly afferted 
 that "in all her annals, no perfon was ever born a 
 flave on the foil of Maflachufetts," and "if, in point 
 of fact, the iflue of flaves was fometimes held in 
 bondage, it was never by fanction of any ftatute-law 
 of Colony or Commonwealth." 
 
 And recent writers of hiftory in Maflachufetts 
 have aflumed a flmilar lofty and positive tone on this 
 fubject. Mr. Palfrey fays : "In fact, no perfon was 
 ever born into legal flavery in Maffachufetts." Hift. 
 N. E.y ii., 30, note. Neither Mr. Sumner nor Mr. 
 Palfrey give any authorities for their ftatements be- 
 
 1 Kendall, who travelled through the northern parts of the United 
 States in the years 1807 and 1808, referring to this fubjeft, fays : " While 
 flavery was maintained in Maflachufetts, there was a particular temptation 
 to negroes for taking Indian wives, the children of Indian women being 
 acknowledged to be free." Travels, n., 179. See Hift. Coll. E/ex Infti- 
 tute, Vol. vii., p. 73. Cafe ofPriscilla y &c. y againfl Simmons. 
 
22 Notes on the Hiftory of 
 
 yond the cafes in Majfachufetts Reports, iv., 128, 129 ; 
 xvi., 73, and Cujhings Reports, x., 410, which are alfo 
 referred to by Mr. Juflice Gray in a ftill more recent 
 and authoritative publication. The diftinguifhed 
 ability of this gentleman, fo long recognized and 
 acknowledged at the bar in Maflachufetts, will do 
 ample honor to the bench to which he is fo juftly 
 advanced. We entertain the higheft refpect for his 
 attainments, his judgment, and his critical fagacity ; 
 but in this inftance we think he has fallen into a ferious 
 error, which not even the great weight of his authority 
 can eftablifh or perpetuate in hiftory. 
 
 In an elaborate hiftorical note to the cafe of 
 Oliver vs. Sale, >uincy s Reports, 29, he fays : 
 
 cc Previoufly to the adoption of the State Confti- 
 tution in 1780, negro flavery exifted to fome extent, 
 and negroes held as flaves might be fold, but all 
 children ofjlaves were by law free" 
 
 So diftincl: and pofitive an aflertion mould have 
 been fortified by unequivocal authority. In this cafe 
 Mr. Gray gives us two or three dozen feparate refer 
 ences. Thefe are numerous and conclusive enough 
 as to the fads in the firft claufes of his ftatement - 
 that negro flavery exifted in MafTachufetts, and that 
 negro Haves might be fold ; but for the laft and moft 
 important part of it, that all children of Jlaves were by 
 law free ^ there is not an iota of evidence or author- 
 
 1 In the cafe of Newport vs. Billing, which Mr. Gray believes to have 
 been " the lateft inftance of a verdift for the mafter," it was found by the 
 highest court in MafTachufetts, on appeal from a fimilar decifion in the in 
 ferior court, " that the faid Amos [Newport] was not a freeman* as he 
 alledged, but the proper Have of the faid Jofeph [Billing]. Records., 
 Lj6%,foL 284. As this feems to have been one of the fo-called " freedom 
 
Slavery in Maffachujetts. 23 
 
 ity in the entire array, excepting the opinion of the 
 Court in 1796, already referred to. 
 
 This cc unanimous opinion of the Court," in 1796, 
 which has been fo often quoted to fuftain the reputa 
 tion of MafTachufetts for early and confident zeal 
 againft flavery, will hardly fuffice to carry the weight 
 afligned to it. In the firft place, the fads proved to 
 the jury in the case itfelf were fet at naught by the 
 Court in the ftatement of this opinion. We quote 
 them, omitting the peculiar phrafeology by which they 
 are difguifed in the report. 
 
 An action was brought by the inhabitants of Lit 
 tleton, to recover the expenfe of maintaining a negro, 
 againft Tuttle, his former mafter. It was tried in 
 Middlefex, October Term, 1796. The negro s name 
 was Cato. His father, named Scipio, was a negro 
 flave when Cato was born, the property of Nathan 
 Chafe, an inhabitant of Littleton. Cato s mother, 
 named Violet, was a negro in the fame condition, and 
 the property of Jofeph Harwood. Scipio and Violet 
 were lawfully married, and had iflue, Cato, born in 
 Littleton, January i8th, 1773, a flave, the property 
 of the faid Harwood, as the owner of his mother. 
 Mafs. Reports, iv., 128, note. 
 
 But whatever may be inferred from thefe facts 
 taken in connection with the "opinion" of the Court, 
 in 1796, we afk the attention of the reader to another 
 cafe a little later, before the fame tribunal. In the 
 cafe of Perkins, Town Treafurer offopsfield, vs. Emerson, 
 tried in Eflex, the Court held that a certain negro 
 
 cafes," it is to be regretted that Mr. Gray did not afcertain from the files 
 whether " the faid Amos " was a native of Maflachufetts ! 
 
24 Notes on the Hiftory of 
 
 girl born in the Province in Wenham in 1759, was a 
 (lave belonging to Emerfon from 1765 to 1776, when 
 flie was freed. This decifion was in November, 1799. 
 Danes Abridgment, n., 412. Thus it appears that 
 the Supreme Judicial Court of Maffachufetts inftruded 
 a jury in 1796, by an unanimous opinion, that a negro 
 born in the State before the Conftitution of 1780, was 
 born free, although born of a female flave. Three 
 years later, the fame Court and the fame judges 
 (three out of four), 1 held a negro girl born in the prov 
 ince in 1759 to h ave keen the lawful flave of a citi 
 zen of Maflachufetts from 1765 to 1776. In the 
 latter cafe, too, the decifion of the Court was given 
 on the queftion of law alone, as prefented upon an 
 agreed ftatement of the fads. MS. Copy of Court Rec 
 ords. 
 
 A cafe in Connecticut prefents an illuftration of 
 great importance. It is that of cc a fugitive flave, and 
 attempted refcue, in Hartford, 1703," of which an 
 account is given in one of Mr. J. Hammond Trum- 
 bull s admirable articles on fome of the Connecticut 
 Statutes. Hiftorical Notes, etc., No. vi. 
 
 "The case laid before the Honorable General 
 Affembly in October, 1704," after a ftatement of facts, 
 etc., proceeds with reafons for the return of the fugi 
 tive, fome of which we quote. 
 
 1 The judges prefent at thefe Terms refpeftively were the following, viz. : 
 
 Ottober Term, 1796, in Middlesex: November Term, 1799, in E/ex: 
 
 Francis Dana, Chief Juftice. Francis Dana, Chief Jujlice. 
 
 Robert Treat Paine, Robert Treat Paine, 
 
 Increafe Sumner, Theophilus Bradbury, 
 
 Nathan Cufhing, Nathan Cufhing, Juftices. 
 Thomas Dawes, jr., Juftices. 
 
Slavery in Maffachujetts. 25 
 
 cc i. According to the laws and conflant fr attic e of 
 this colony and all other plantations^ (as well as by the 
 civil law) Juch ferjons as are born of negro bond-women 
 are themfehes in like condition, that is, born in fervi- 
 tude. Nor can there be any precedent in this government, 
 or any of her Majefly s plantations^ produced to the con 
 trary}- And though the law of this colony doth not 
 fay that fuch perfons as are born of negro women and 
 fuppofed to be mulattoes, mail be flaves, (which was 
 needlefs, becaufe of the conflant frattice by which they 
 are held as Juch^) yet it faith expreffly that * no man 
 mail put away or make free his negro or mulatto flave, 
 etc., which undeniably mows and declares an approba 
 tion of fuch fervitude, and that mulattoes may be held 
 as flaves within this government." 
 
 The value of this teflimony on the fubject is en 
 hanced by the character and pofition of the witnefs. 
 He was Gurdon Saltonftall, born in Maflachufetts, 
 the fon of a magiftrate, educated at Harvard College, 
 and afterwards Governor of Connecticut, "at that 
 time the popular minifter of the New London church, 
 and nearly as diftinguifhed at the bar as in the pulpit. 
 The friend and confidential advifer of the governor 
 (Winthrop), who was one of his parifhioners, his in 
 fluence was already felt in the Colonial Councils, and 
 he was largely entrufted with the management of public 
 affairs. In general fcholarfhip, and in the extent of 
 his profeffional ftudies, both in divinity and law, he 
 had probably no fuperior in the colony : as an advo- 
 
 1 Lay, in his traft " All Slave-Keepers Apoflates" p. 1 1 ., enumerating 
 the hardships of the inftitution, fays, " Nor doth this fatisfy, but their 
 children alfo are kept in flavery, ad infinitum ,-..." 
 
26 Notes on the Hiftory of 
 
 cate, according to the testimony of his contemporaries, 
 he had no equal." J. Hammond I rumbull s Hiftorical 
 Notes. Backus, n., 35. tfrumbull s Connecticut, VoL i. 
 (1797), 417. Mr. Trumbull alfo mentions a queftion 
 raifed in 1722, as to the flatus of the children of 
 Indian captive-flaves, in a memorial to the Legiflature, 
 from which it is apparent that no doubt was enter 
 tained as to the legal flavery of children of negroes or 
 imported Indians from beyond feas. 
 
 Ample evidence is given elfewhere in these notes 
 of the fact, that the children of Haves were actually 
 held and taken to be flaves, the property of the 
 owners of the mothers, liable to be fold and trans 
 ferred like other chattels and as aflets in the hands of 
 executors and adminiftrators. 1 This fact comes out 
 in many portions of this hiflory ; there is no one 
 thing more patent to the reader. The inftances are 
 numerous, and it is needlefs to recapitulate them here; 
 but it may be proper to refer to the facts that in 
 the inductions of the town of Leicefter to their 
 representative in 1773, among the ways and means 
 fuggefted for extinguishing flavery, they propofed 
 <c that every negro child that mall be born in faid 
 government after the enacting fuch law fhould be free 
 at the fame age that the children of white people are," 
 and in the petition of the negro flaves for relief in 
 
 1 " A bill of fale, or other formal inftrument, was not neceflary to 
 transfer the property in a flave, which was a mere perfonal chattel, and 
 might pafs, as other chattels, by delivery." Milford vs. Bellingham, 1 6 Mafs. 
 Reports, no. Governor Dudley s report to the Board of Trade on flaves 
 and the flave-trade in Maffachufetts, etc., in 1708, ftated that "in Boston, 
 there are 400 negro fervants, one half of whom f were born here" Collections 
 Amer. Stat. A/oc., i., 586. 
 
Slavery in MaJJTachufetts. 27 
 
 1777 to the General Court of Maflachufetts, they 
 humbly pray that cc their children (who were born in 
 this land of liberty) may not be held as flaves after 
 they arrive at the age of twenty-one years." Majs. 
 Archives. Revolutionary Rejolves, Vol. VIL, p. 132. 
 
 The Articles of Confederation of the United 
 Colonies of New England, I9th May, 1643, which 
 commence with the famous recital of their object in 
 coming into thofe parts of America, viz.,* " to ad- 
 vaunce the Kingdome of our Lord Jefus Chrift, and 
 to enjoy the liberties of the Gofpell in puritie with 
 peace," practically recognize the lawful exiftence of 
 flavery. 
 
 The fourth Article, which provides for the due 
 adjuftment of the expenfe or cc charge of all juft warrs 
 whether offenfive or defenfive," concludes as fol 
 lows : 
 
 " And that according to their different charge of 
 eich Jurifdiccon and plantacon, the whole advantage 
 of the warr (if it pleafe God to blefs their Endeavours) 
 whether it be in lands, goods, or PERSONS, mall be 
 proportionably devided among the faid Confederats." 
 Hazard, n., 3. Plymouth Records, ix., 4. The fame 
 feature remained in the Conftitution of the Con 
 federacy to the end of its exiftence. 1 See Ratification 
 of 1672. Plymouth Records, x., 349. 
 
 The original of the Fugitive Slave Law provifion 
 in the Federal Conftitution is to be traced to this 
 
 1 The agreement between Leifler of New York, and the Commiflioners 
 of Maflachufetts, Plymouth, and Connecticut, May i, 1690, provided that 
 "all plunder and captives (if any happen) mail be divided to y e officers and 
 foldiers according to y e Cuftome of Warr." N. T. Doc. Hift., n., 134, 157. 
 Stoughton and Sewall were the Commiflioners for Maflachufetts. 
 
28 Notes on the Hiftory of 
 
 Confederacy, in which Maflachufetts was the ruling 
 colony. The Commiflioners of the United Colonies 
 found occasion to complain to the Dutch Governor 
 in New Netherlands, in 1646, of the fact that the 
 Dutch agent at Hartford had harbored a fugitive 
 Indian woman-flave, of whom they fay in their letter : 
 " Such a fervant is parte of her mailer s eflate, and a 
 more considerable parte than a beafl." A provision 
 for the rendition of fugitives, etQ., was afterwards 
 made by treaty between the Dutch and the Englifh. 
 Plymouth Colony Records, ix., 6, 64, 190. 
 
 Hiflorians have generally fuppofed that the trans 
 actions in 1644-5, m which Thomas Keyfer and one 
 James Smith, the latter a member of the church of 
 Boflon, were implicated, " firfl brought upon the 
 colonies the guilt of participating in the traffic in 
 African Haves," Bancroft, i., 173-4. 
 
 The account which we have given of the voyage of 
 the firfl colonial flave-fhip, the Defire, shows this to 
 have been an error, and that which we mall give of 
 thefe tranfactions will expofe another of quite as much 
 importance. 
 
 Hildreth, in whofe hiflory the curious and in- 
 flructive dory of New England theocracy is narrated 
 with scrupulous fidelity, gives fo clear an account of 
 this bufinefs as to require little alteration, and we 
 quote him with flight additions, and references to the 
 authorities, which he does not give in detail. 
 
 This affair has been magnified by too precipitate 
 an admiration into a protefl on the part of Maflachu 
 fetts againfl flavery and the flave-trade. So far, how 
 ever, from any fuch protefl being made, the firfl code 
 
Slavery in Maffachujetts. 29 
 
 of laws in Maflachufetts eftablifhed flavery, as we have 
 fhown, and at the very birth of the foreign commerce 
 of New England the African flave-trade became a 
 regular buiinefs. The mips which took cargoes of 
 ftaves and fifh to Madeira and the Canaries were ac- 
 cuflomed to touch on the coaft of Guinea to trade for 
 negroes, who were carried generally to Barbadoes or 
 the other Englim Iflands in the Weft Indies, the de 
 mand for them at home being fmall. 1 In the cafe 
 referred to, inftead of buying negroes in the regular 
 courfe of traffic, which, under the fundamental law of 
 Maflachufetts already quoted, would have been per 
 fectly legal, 2 the crew of a Bofton mip joined with 
 fome London veflels on the coaft, and, on pretence of 
 fome quarrel with the natives, landed a " murderer " 
 the expreflive name of a fmall piece of cannon at 
 tacked a negro village on Sunday, killed many of the 
 inhabitants, and made a few prifoners, two of whom 
 fell to the mare of the Bofton fhip. In the courfe of 
 a lawfuit between the mafter, mate, and owners, all 
 this ftory came out, and one of the magistrates pre- 
 fented a petition to the General Court, in which he 
 charged the mafter and mate with a threefold offence, 
 
 1 " One of our mips, which went to the Canaries with pipe-ftaves in the 
 beginning of November laft, returned now [1645] an d brought wine, and 
 fugar, and fait, and fome tobacco, which me had at Barbadoes, in exchange 
 for Africoes, which Jhe carried from the IJle ofMaio" Winthrops Journal, 
 ii., 219. 
 
 2 In awarding damages to Captain Smith againft his aflbciate in this 
 bufmefs, they would allow him nothing for the negroes ; but the reafon 
 they give is worth quoting here : 
 
 " 4. * * For the negars (they being none of his, but flolen] we thinke 
 meete to alowe nothing." Mafs. Records, n., 129. 
 
 This was " the Court s opinion" " by both howfes." Ib. y HI., 58. 
 
30 Notes on the Hiftory of 
 
 murder, man-ftealing, and Sabbath-breaking ; the two 
 firfl capital by the fundamental laws of Maflachufetts, 
 and all of them cc capital by the law of God." The 
 magiftrates doubted their authority to punifli crimes 
 committed on the coaft of Africa ; but they ordered 
 the negroes to be fent back, as having been procured 
 not honeftly by purchafe, but unlawfully by kidnap 
 ping. Hildreth, i., 282. Mafs. Records, n., 67, 129, 
 136, 168, 176, 196; in., 46, 49, 58, 84. Winthrotfs 
 Journal, n., 243, 379. 
 
 In all the proceedings of the General Court on 
 this occafion, there is not a trace of anti-flavery 
 opinion or fentiment, 1 ftill lefs of anti-flavery legifla- 
 tion ; though both have been repeatedly claimed for 
 the honor of the colony. 
 
 Ill 
 
 THE colonifts of Mafiachufetts affumed to them- 
 felves "a right to treat the Indians on the footing of 
 Canaanites or Amalekites," and practically regarded 
 them from the firfh as forlorn and wretched heathen, 
 pofleffing few rights which were entitled to refpect. 
 Bancroft, in., 408. Bp. Berkeley s Works, in., 247. 
 
 1 It is pofllble that the petition referred to in the following extraft from 
 the Records may have related to this fubjeft ; but it left no impreflion 
 which can be traced. 
 
 " 29 May, 1644. Mr. Blackleach his petition about the Mores was 
 confented to, to be comitted to the elders, to enforme us of the mind of 
 God herein, & then further to confider it." Mafs. Records, n., 67. Mr. 
 John Blackleach, a merchant, was of Salem as early as 1634, and repre- 
 fentative in 1636. Some of his letters are printed in M. H. S. Coll., iv., vii., 
 146-155. 
 
Slavery in Maffachufetts. 31 
 
 Sermon before the Soc. for the Prop, of the Gospel, 1731, 
 /. 19. Cotton Mather s fpeculations on their origin 
 illuftrate the temper of the times* 
 
 "We know not When or How thefe Indians firft 
 became Inhabitants of this mighty Continent, yet we 
 may guefs that probably the Devil decoy d thefe 
 miferable Salvages hither, in hopes that the Gofpel 
 of the Lord Jefus Chrift would never come here to 
 deftroy or difturb his Absolute Empire over them." 
 Magnalia, Book m., Part in. 
 
 The inftructions from the Commiflioners of the 
 United Colonies to Major Gibbons, on being fent 
 againft the Narraganfetts in 1645, further illuftrates 
 this fpirit. 
 
 He was directed to have " due regard to the 
 honour of God, who is both our fword and mield, and 
 to the diftance which is to be obferved betwixt Chris 
 tians and Barbarians, as well in warres as in other 
 negociations." Of. this Hutchinfon says: cc lt was 
 indeed ftrange that men, who profefled to believe that 
 God hath made of one blood all nations of men for to 
 dwell on all the face of the earth, mould upon every 
 occafion take care to preferve this distinction. Per 
 haps nothing more effectually defeated the endeavors 
 for Chriftianizing the Indians. It feems to have done 
 more : to have funk their fpirits, led them to intem 
 perance, and extirpated the whole race." Hutchinfon s 
 Collection of Papers, 151. 
 
 In 1646, the Commiflioners of the United Colo 
 nies made a very remarkable order, practically author 
 izing, upon complaint of trefpafs by the Indians, the 
 feizure of " any of that plantation of Indians that ihall 
 
32 Notes on the Hiftory of 
 
 entertain, protect, or refcue the offender." The order 
 further proceeds: cc And, becaufe it will be chargeable 
 keeping Indians in prifone, and if they fhould efcape, 
 they are like to prove more infolent and dangerous 
 after, that upon fuch feazure, the delinquent or fatis- 
 faction be againe demanded, of the Sagamore or planta 
 tion of Indians guilty or accefsory as before, and if it 
 be denyed, that then the magiftrates of the Jurifdiccon 
 deliver up the Indians feafed to the party or parties 
 indamaged, either to ferve, or to be mipped out and 
 exchanged for Negroes as the caufe will juftly beare." 
 Plymouth Records, ix., 71. 
 
 The CommirTioners themfelves were not blind to 
 the feverity of this proceeding, although they alleged 
 that it was " juft." 
 
 There are here two features of historical importance 
 which the reader will not fail to notice, viz., the export 
 for trade of Indians for Negroes, and the meafure of 
 "juftice" in thofe days between the colonifts and the 
 natives. 
 
 It maybe obferved that in thefe notes we have not 
 drawn the lines between the Plymouth Colony and 
 that of the Maflachufetts Bay. In this connection 
 they may juftly be regarded as one ; indeed, they can 
 not be feparated, for in thefe and fimilar proceedings, 
 to quote a fignificant proverb of that day, " the Ply 
 mouth faddle was always on the Bay horfe." 
 
 In 1658, June 29, certain perfons were punifhed 
 by fines by the County Courts at Salem and Ipfwich 
 for attending a Quaker meeting and otherwife cc syding 
 with the Quakers and abfenting themfelves from the 
 publick ordinances." Among them were two children, 
 
Slavery in Maffachufetts. 33 
 
 Daniel and Provided Southwick, fon and daughter 
 to Lawrence Southwick, who were fined ten pounds, 
 but their fines not being paid, and the parties (as is 
 ftated in the proceedings) " pretending they have no 
 eftates, refolving not to worke and others likewife 
 have been fyned and more like to be fyned " the 
 General Court were called upon in the following year, 
 May n, 1659, to decide what courfe ihould be taken 
 for the fatisfaction of the fines. 
 
 This they did, after due deliberation, by a refolu- 
 tion empowering the County Treafurers to fell the 
 faid perfons to any of the Englim nation at Virginia 
 or Barbadoes in accordance with their law for the 
 fale of poor and delinquent debtors. To accomplish 
 this they wrefted their own law from its juft applica 
 tion, for the fpecial law concerning fines did not per 
 mit them to go beyond imprifonment for non-pay 
 ment. Mafs. Laws, 1675, p. $i. Felt s Salem, u., 
 581. Mafs. Records, iv., i., 366. Mafs. Laws, 1675, 
 p. 6. BiShop s N. E. Judged, 85. Hazard, n., 563. 
 
 The father and mother of thefe children, who had 
 before fuffered in their eftate and perfons, were at 
 the fame time banifhed on pain of death, and took 
 refuge in Shelter I (land, where they fhortly afterwards 
 died. Mafs. Records, iv., i., 367. Hazard, n., 564. 
 Bifhop, 83. The Treafurer, on attempting to find 
 paflage for the children to Barbadoes, in execution of 
 the order of fale, found c< none willing to take or 
 carry them." Thus the entire defign failed, only 
 through the reluctance of thefe mipmafters to aid in 
 its confummation. Bijhop, 190. SeweFs Hift. of the 
 Quakers, i., 278. 
 3 
 
34 Notes on the Hi/lory of 
 
 Provided Southwick was fubfequently in the fame 
 year, in company with feveral other Quaker ladies, 
 " whipt with tenn ftripes," and afterwards cc commit 
 ted to prifon to be proceeded with as the law directs." 
 Mafs. Records, iv., i., 411. 
 
 The indignant Quaker hiftorian, in recounting 
 thefe things, fays, cc After fuch a manner ye have done 
 to the Servants of the Lord, and for Jpeaking to one 
 another, . . . and for meeting together, ranfacking 
 their Eftates, breaking open their Houfes, carrying 
 away their Goods and Cattel, till ye have left none, 
 then their wearing apparel, and then (as in Plimouth 
 government) their Land ; and when ye have left them 
 nothing, fell them for this which ye call Debt. Search 
 the Records of former Ages, go through the Hiftories 
 of the Generations that are pad ; read the Monuments 
 of the Antients, and fee if ever there wtrtjuch a thing 
 as this fince the Earth was laid, and the Foundations 
 thereof in the Water, and out of the Water. . . . O 
 ye Rulers of Bofton, ye Inhabitants of the Majfa- 
 chufetts I What fliall I fay unto you? Whereunto 
 fhall I liken ye? Indeed, I am at a {land, I have no 
 Nation with you to compare, I have no People with 
 you to parallel, I am at a lofs with you in this point ; 
 I muft fay of you, as Balaam faid of Amalek when his 
 eyes were open, Bofton, the firft of the Nations that came 
 out thus to war again/I, to flop IJrael in their way to 
 Canaan from Egypt! Eiflwp > s N. E. Judged, 90. 
 
 At the time of King Philip s War, the policy and 
 practice of the Colony of MafTachufetts, with regard 
 to flavery, had been already long fettled upon the 
 bafis of pofitive law. Accordingly the numerous 
 
Slavery in Maffachujetts. 35 
 
 " captives taken in war " were difpofed of in the ufual 
 way. The notes which follow are mainly from the 
 official records of the colony, and will be fufficient to 
 mow the general current of public opinion and action 
 at that period. 
 
 In Auguft, 1675, the Council at Plymouth ordered 
 the fale of a company of Indians, "being men, weo- 
 men, and children, in number one hundred and 
 twelve," with a few exceptions. The Treafurer made 
 the fale " in the countryes behalfe." Plymouth Rec 
 ords, v., 173. 
 
 A little later the Council made a fimilar difpofi- 
 tion of fifty-feven more (Indians) who "had come in 
 a fubmiffive way." Thefe were condemned to per 
 petual fervitude, and the Treafurer was ordered and 
 appointed " to make fale of them, to and for the ufe 
 of the collonie, as opportunity may prefent." Ib., 174. 
 
 The accounts of the Colony of Maflachufetts for 
 receipts and expenditures during " the late War," as 
 ftatedfrom 25th June, 1675, to tne 2 3& September, 
 1676, give among the credits the following : 
 
 " By the following accounts received 
 
 in or as filver, viz. : 
 "Captives; for 188 prifoners at war 
 
 fold 397.13.00." 
 
 Plymouth Records, x., 401. 
 
 There is a peculiar fignificance in the phrase 
 which occurs in the Records " fent away by the 
 Treafurer." It means fold into flavery. Mqfs. Rec 
 ords, v., 58. 
 
 The ftatiftics of the traffic carried on by the Trea- 
 
3 6 Notes on the Hiftory of 
 
 furers cannot be accurately afcertained from any four- 
 ces now at command. But great numbers of Philip s 
 people were fold as flaves in foreign countries. In 
 the beginning of the war Captain Mofeley captured 
 eighty, who were confined at Plymouth. In Sep 
 tember following one hundred and feventy-eight were 
 put on board a veffel commanded by Captain Sprague, 
 who failed from Plymouth with them for Spain. 
 Drake, 224. 
 
 Thefe proceedings were not without witnefTes 
 againft their injuftice and inhumanity. The Apoftle 
 Eliot s earned remonftrance is a glorious memorial 
 of his fearlefs devotion to reafon and humanity to 
 which neither rulers nor people of MafTachufetts were 
 then inclined to liften. 
 
 "To the Honorable the Governor and Council, 
 fitting at Bofton this I3t. of the 6t, 75, the humble 
 petition of John Eliot, Sheweth that the terror of 
 felling away fuch Indians unto the Hands for perpetual 
 flaves, who mall yield up y m felves to your mercy, is 
 like to be an effectual prolongation of the warre, and 
 fuch an exafperation of them, as may produce we know 
 not what evil confequences, upon all the land. Chrift 
 hath faide, blefled are the mercy full for they mall ob 
 tain mercy. This ufeage of them is worfe than death 
 ... it feemeth to me, that to fell them away for 
 flaves is to hinder the inlargement of his [Chrift s] 
 kingdom ... to fell foules for money feemeth to me 
 a dangerous merchandize. If they deferve to die, it is 
 far better to be put to death under godly governors, 
 who will take religious care, that meanes may be ufed, 
 that they may die penitently. . . . Deut. 23 : 15-16. 
 
Slavery in Maffachujetts. 37 
 
 If a fugitive fervant from a Pagan Mafter might not 
 be delivered to his matter but be kept in Ifrael for the 
 good of his foule, how much lefs lawful is it to fell 
 away foules from under the light of the gofpel, into a 
 condition, where theire foules will be utterly loft, fo 
 far as appeareth unto man." Plymouth Colony Records, 
 x., 451-2. Compare Mather s Magnalia, Book vn., 
 109 (753)3 concerning the neglect to frojelyte the Indians y 
 etc. 
 
 There is nothing to mow that cc the Council gave 
 heed to the petition of Eliot," but a careful examina 
 tion of the archives difclofed only a report of a Com 
 mittee of the General Court, dated Nov. 5, 1675, and 
 adopted by the Magiftrates and Deputies the fame 
 day, by which feveral were to be fent away. 1 MS. 
 Letter. 
 
 In 1676, November 4th, it was ordered that where 
 as there is an Acte or order made by the Councell of 
 War bearing date July, 1676, prohibiting any male 
 
 1 Eliot appears alfo to have been the firft in America to lift up his 
 voice againft the treatment which Negroes received in New England. To 
 wards the end of his life, Cotton Mather ftates, " He had long lamented 
 it with a Bleeding and Burning Paflion, that the Englifh ufed their Negro s 
 but as their Horfes or their Oxen, and that fo little care was taken about 
 their immortal Souls ; he look d upon it as a Prodigy, that any wearing the 
 Name of Chriftians mould fo much have the Heart of Devils in them, as to 
 prevent and hinder the Inftru&ion of the poor Blackamores, and confine the 
 fouls of their miferable Slaves to a Defraying Ignorance, meerly for fear of 
 thereby lofmg the Benefit of their Vaffalage j but now he made a motion to 
 the Englijh within two or three Miles of him, that at fuch a time and Place 
 they would fend their Negro s once a week to him : For he would then 
 Catechise them, and Enlighten them, to the utmoft of his Power in the 
 Things of their Everlafting Peace ; however, he did not live to make much 
 Progrefs in this Undertaking." Mathers Magnalia, Book m., 207 (325). 
 Compare also p. 209 (327). 
 
3 8 Notes on the Hiftory of 
 
 Indian captive to abide in this Jurifdiction that is 
 above fourteen years of age att the beginning of his or 
 their captivity, and in cafe any fuch fhould continue 
 in the Collonie after the time then prefixed they fhould 
 be forfeit to the ufe of the Gov 1 , this Court fees caufe 
 to ratify and confirme that order and acte, and do 
 therefore order ; that all fuch as have any fuch 
 Indian male captive that they mall difpofe of them 
 out of the Collonie by the firft of December next on 
 paine of forfeiting every fuch Indian, or Indians to 
 the ufe of the Collonie ; and the Conflables of each 
 town of this Jurifdiction are hereby ordered to take 
 notice of any fuch Indian or Indians flaying in any 
 of the refpedive towns of this Collonie after the time 
 prefixed, and mall forthwith bring them to the Trea- 
 furer to be difpofed of to the ufe of the Government 
 as aforefaid. Plymouth Records, xi., 242. 
 
 There were a few, about five or fix, exceptions 
 made to this order, in favor of certain Indians, who 
 had been aflured by Capt. Benjamin Church that they 
 fhould not be fold to any foreign parts, upon good 
 behavior, &c. /., 242. 
 
 The MafTachufetts General Court made an order 
 in 1677, 24 May, that the Indian children, youths or 
 girls, whofe parents had been in hoftility with the 
 Colony, or had lived among its enemies in the time 
 of the war, and were taken by force, and given or fold 
 to any of the inhabitants of this Jurifdiction, fhould be 
 at the difpofall of their mafters or their affignes, who 
 were to inflrud them in Civility and Chriftian reli 
 gion. Mafs. Records, v., 136. Note the diftinftion 
 between friendly Indians whofe children were to be held 
 
Slavery in Maffachujetts. 39 
 
 until 24 years of age, both in this order and in Plymouth 
 Records, v., 207, 223. 
 
 The Court, in the following year (1678), found 
 caufe to prohibit cc all and every perfon and perfons 
 within our jurifdiction or elfewhere, to buy any of the 
 Indian children of any of thofe our captive falvages 
 that were taken and became our lawfull prifoners in 
 our late warrs with the Indians, without fpecial leave, 
 liking and approbation of the government of this 
 jurifdiction. /., 253. 
 
 In the fucceeding year (1679), ^ e following entry 
 appears in the records: 
 
 "In reference unto feverall Indians bought by 
 Jonathan Hatch of Capt. Church, the brothers of the 
 woman, defireing mee might be releafed, appeared in 
 Court with the faid Jonathan Hatch, and came to 
 competition with her for the freedom of both her and 
 her hufband, which are two of the three Indians above 
 named ; and her brothers payed on that accompt the 
 fume of three pounds iilver mony of New England, 
 and have engaged to pay three pounds more in the 
 fame fpecie, and then the faid man and woman are to 
 be releafed ; and for the third of the faid Indians, it 
 being younge, the Court have ordered, that it mall 
 abide with the faid Jonathan Hatch untill it attains 
 the age of 2.4 years, and then to be releafed for ever." 
 Plymouth Records^ vi., 1 5 
 
 It were well if the record were no worfe; but to all 
 this is to be added the bafenefs of treachery and falfe- 
 hood. Many of thefe prifoners furrendered, and ftill 
 greater numbers came in voluntarily to fubmit, upon 
 the promife that they and their wives and children 
 
40 Notes on the Hiftory of 
 
 fhould have their lives fpared, and none of them trans 
 ported out of the country. In one inftance, narrated 
 by the famous Captain Church himfelf, no lefs than 
 <c eight fcore perfons " were <c without any regard to 
 the promifes made them on their furrendering them- 
 felves, carried away to Plymouth, there fold and trans 
 ported out of the country." Church, 23, 24, 41, 51, 
 57. Baylies, in his Memoir of Plymouth Colony, Part m., 
 pp. 47, 48, gives fome additional particulars of this 
 affair. 
 
 " After the deftruction of Dartmouth, the Ply 
 mouth forces were ordered there, and as the Dart 
 mouth Indians had not been concerned in this out 
 rage, a negotiation was commenced with them. By 
 the perfuafions of Ralph Earl, and the promifes of 
 Captain Eels, who commanded the Plymouth forces, 
 they were induced to furrender themfelves as prifoners, 
 and were conducted to Plymouth. Notwithftanding 
 the promifes by which they had been allured to fub- 
 mit, notwithftanding the earneft, vehement, and in 
 dignant remonftrances of Eels, Church, and Earl, the 
 government, to their eternal infamy, ordered the whole 
 to be fold as flaves, and they were tranfported out of 
 the country, being about one hundred and lixty in 
 number. So indignant was Church at the commiffion 
 of this vile act, that the government never forgave the 
 warmth and the bitternefs of his expremons, and the 
 refentment that was then engendered induced them to 
 withhold all command from this brave, fkilful, honeft, 
 open-hearted and generous man, until the fear of utter 
 destruction compelled them, fubfequently, to entrufl 
 him with a high command. This mean and treach- 
 
Slavery in Majfachujetts. 41 
 
 erous conduct alienated all the Indians who were doubt 
 ing, and even those who were ftrongly prediipofed to 
 join the Englim." 
 
 Eaflon, in his Relation, p. 21, says : "Philip being 
 flead ; about a 150 Indians came in to a Plimouth 
 Garrifon volentarly. Plimouth authority fould all 
 for Slafes (but about fix of them) to be carried out of 
 the country." 
 
 Church s authority from Plymouth Colony to 
 demand and receive certain fugitives (whether men, 
 women, or children) from the authorities of Rhode 
 Ifland government, Auguft 28, 1676, is printed in 
 Hough s Eaftoris King Philip* s War, p. 188. He was 
 " impowered to fell and difpofe of fuch of them, and 
 foe many as he mall fee caufe for, there : to the In 
 habitants or others, for Term of Life, or for fhorter 
 time, as there may be reafons. And his actinge, here 
 in, mall at all Times be owned and juftefied by the 
 faid Collony." 
 
 Nor did the Chriftian Indians or Praying Indians 
 efcape the relentlefs hoftility and cupidity of the 
 whites. Befides other cruelties, instances are not 
 wanting in which fome of thefe were fold as (laves, and 
 under accufations which turned out to* be utterly falfe 
 and without foundation. Gookin s Hift. of the Chris 
 tian Indians. 
 
 Some of them are probably referred to by Eliot, 
 in his letter to Boyle, Nov. 27, 1683, in which he 
 fays, cc I defire to take boldnefs to propofe a requeft. 
 A veflel carried away a great number of our furprifed 
 Indians, in the times of our wars, to fell them for 
 (laves ; but the nations, whither me went, would not 
 
42 Notes on the Hiftory of 
 
 buy them. Finally, fhe left them at Tangier ; there 
 they be, fo many as live, or are born there. An 
 Englishman, a mafon, came thence to Bofton, he told 
 me they defired I would ufe fome means for their re 
 turn home. I know not what to do in it ; but now 
 it is in my heart to move your honour, fo to meditate, 
 that they may have leave to get home, either from thence 
 hither, or from thence to England, and fo to get 
 home. If the Lord mall pleafe to move your charit 
 able heart herein, I mail be obliged in great thankful- 
 nefs, and am perfuaded that Chrift will, at the great 
 day, reckon it among your deeds of charity done unto 
 them, for his name s fake." M. H. S. Coll., in., 183. 
 
 Cotton Mather furnimes another extract appropri 
 ate in this connection. 
 
 " Moreover, tis a Prophefy in Deut. 28, 68. The 
 Lord fhall bring thee into Egypt again with Jhips, by the 
 way whereof Ifpake unto thee. Thou Jhalt fee it no more 
 again ; and there Jhall ye be fold unto your Enemies, and 
 no Man Jhall buy you. This did our Eliot imagine 
 accomplifhed, when the Captives taken by us in our 
 late Wars upon them, were fent to be fold, in the 
 Coafls lying not very remote from Egypt on the 
 Mediterranean Sea, and fcarce any Chapmen would 
 offer to take them off." Mather s Magnalia, Book 
 in., Part in. 
 
 Mr. Everett, in one of the moil elaborate of his 
 finifhed and beautiful orations, has narrated the ftory 
 of two of the laft captives in that famous war, in a 
 paffage of furpafling eloquence which we venture to 
 quote : 
 
 " Prefident Mather, in relating the encounter of 
 
Slavery in Majfachujetts. 43 
 
 the ist of Auguft, 1676, the laft but one of the war, 
 fays, c Philip hardly efcaped with his life alfo. He 
 had fled and left his feage behind him, alfo his fquaw 
 and fon were taken captive, and are now prifoners at 
 Plymouth. Thus hath God brought that grand 
 enemy into great mifery before he quite deftroy him. 
 It muft needs be bitter as death to him to lofe his 
 wife and only fon (for the Indians are marvellous fond 
 and affectionate towards their children) befides other 
 relations, and almoft all his fubjects, and country 
 alfo. 
 
 " And what was the fate of Philip s wife and his 
 fon ? This is a tale for hufbands and wives, for 
 parents and children. Young men and women, you 
 cannot underftand it. What was the fate of Philip s 
 wife and child ? She is a woman, he is a lad. They 
 did not furely hang them. No, that would have been 
 mercy. The boy is the grandfon, his mother the 
 daughter-in-law of good old Maflafoit, the first and 
 beft friend the Englifh ever had in New England. 
 Perhaps perhaps now Philip is flam, and his war 
 riors fcattered to the four winds, they will allow his 
 wife and fon to go back the widow and the orphan 
 to finifh their days and forrows in their native 
 wildernefs. They are fold into flavery, Weft Indian 
 flavery ! an Indian princefs and her child, fold from 
 the cool breezes of Mount Hope, from the wild free 
 dom of a New England foreft, to gafp under the lafh, 
 beneath the blazing fun of the tropics ! c Bitter as 
 death ; aye, bitter as hell ! Is there anything, I do 
 not fay in the range of humanity is there anything 
 animated, that would not ftruggle againft this?" 
 
44 Notes on the Hiftory of 
 
 Everett s Addrejs at Bloody Brook, 1835; Church, 62, 
 63, 67, 68. 
 
 Well might the poet record his fympathy for their 
 fate 
 
 " Ah ! happier they, who in the ftrife 
 For freedom fell, than o er the main, 
 Thofe who in galling flavery s chain 
 Still bore the load of hated life, 
 Bowed to bafe talks their generous pride, 
 And fcourged and broken-hearted, died !" 
 
 or in view of this phafe of civilization and progrefs, 
 figh for that elder ftate, when all were 
 
 " Free as nature firft made man, 
 Ere the bafe laws of fervitude began, 
 When wild in woods the noble favage ran." 
 
 In the profecution of his admirable historical 
 labors, Ebenezer Hazard, of Philadelphia, endeavored 
 to afcer tain what was done with the fon of Philip. He 
 wrote to the late Judge Davis, of Bofton, who was 
 .unable, at that time, to give a fatisfactory anfwer. 
 Mr. Hazard died in 1817; but Judge Davis was 
 afterwards enabled to furnim a very interesting account 
 of the affair, derived from documents communicated 
 to him by Nahum Mitchell, Efq. 
 
 From thefe documents he learned cc that the ques 
 tion, whether the boy mould be put to death, was 
 ferioufly agitated, and the opinion of learned divines 
 was requefted on the fubjecl. The Rev. Mr. Cotton, 
 of Plymouth, and the Rev. Mr. Arnold, of Marm- 
 field, gave the following anfwer : 
 
 " The queftion being propounded to us by our 
 honored rulers, whether Philip s fon be a child of 
 
Slavery in Maffachujetts. 45 
 
 death ! Our anfwer, hereunto is, that we do acknow 
 ledge, that rule, Deut. 24: 16, to be morall, and there 
 fore perpetually binding, viz., that in a particular act 
 of wickednefs, though capitall, the crime of the parent 
 doth not render his child a fubject to punifhment by 
 the civill magiftrate ; yet, upon ferious confideration, 
 we humbly conceive that the children of notorious 
 traitors, rebells, and murtherers, efpecially of fuch as 
 have bin principal leaders and actors in fuch horrid 
 villanies, and that againfl a whole nation, yea the 
 whole Ifrael of God, may be involved in the guilt of 
 their parents, and may,fafoa republic^ be adjudged to 
 death, as to us feems evident by the fcripture inftances 
 of Saul, Achan, Haman, the children of whom were cut 
 off, by the fword of Juftice for the tranfgreffions of 
 their parents, although concerning fome of thofe 
 children, it be manifeft, that they were not capable of 
 being co-acters therein. Samuel Arnold, 
 
 September 7 th, 1670. John Cotton." 
 
 The Rev. Increafe Mather, of Bofton, offers thefe 
 fentiments on the queftion, in a letter to Mr. Cotton, 
 October 30, 1676. 
 
 :c If it had not been out of my mind, when I was 
 writing, I mould have faid fomething about Philip s 
 fon. It is neceffary that fome effectual courfe mould 
 be taken about him. He makes me think of Hadad, 
 who was a little child when his father, (the Chief 
 Sachem of the Edomites) was killed by Jpab ; and, 
 had not others fled away with him, I am apt to think, 
 that David would have taken a courfe, that Hadad 
 mould never have proved a fcourge to the next 
 , generation." 
 
46 Notes on the Hiftory of 
 
 The Rev. James Keith, of Bridgewater, took a 
 different view of thefubjed, and gave more benignant 
 interpretations. In a letter to Mr. Cotton of the fame 
 date with Dr. Mather s, he fays, " I long to hear 
 what becomes of Philip s wife and his fon. I know 
 there is fome difficulty in that pfalm, 137, 8, 9, though 
 I think it may be confidered, whether there be not 
 fome fpecialty and fomewhat extraordinary in it. That 
 law, Deut. 24: 16, compared with the commended 
 example of Arnafias, 2 Chron. 25 : 4, doth fway much 
 with me, in the cafe under confideration. I hope God 
 will direct thofe whom it doth concern to a good iffue. 
 Let us join our prayers, at the throne of grace, with 
 all our might, that the Lord would fo difpofe of all 
 public motions and affairs, that his Jerufalem in this 
 wildernefs may be the habitation of juftice and the 
 mountain of holinefs ; that fo it may be, alfo, a quiet 
 habitation, a tabernacle that mall not be taken down." 
 
 The queftion thus ferioufly agitated would not, in 
 modern times, occur in any nation in Chriftendom. 
 Principles of public law, fentiments of humanity, and 
 the mild influence of the Gofpel, in preference to a 
 recurrence of the Jewifh difpenfation, fo much regarded 
 by our anceftors in their deliberations and decisions, 1 
 would forbid the thought of inflicting punifhment on 
 children for the offences of a parent. It is gratifying 
 co learn, that, in this inftance, the meditated feverities 
 were not carried into execution, but that the merciful 
 
 1 In this difcuflion, however, both fcripture rule and example were in 
 favour of the prifoner. The cafe quoted by Mr. Keith from 2 Chronicles 
 is dire&ly in point. " But he flew not their children, but did as it is writ 
 ten in the law in the book of Mofes," &c. 
 
Slavery in Maffachujetts. 47 
 
 fpirit manifefted in Mr. Keith s fuggeftions pre 
 vailed. In a letter from Mr. Cotton to his brother 
 Mather, on the 2oth of March following, on another 
 fubject, there is this incidental remark : c Philip s 
 boy goes now to be fold/ " Davis 1 s Morton s Memorial, 
 Appendix, pp. 3 53- 5. 
 
 In the winter of 16756, Major Waldron, a Com- 
 mifnoner, and Magiftrate for a portion of territory 
 claimed by Maflachufetts (now included in that of 
 Maine), iflued general warrants for feizing every Indian 
 known to be a manflayer, traitor, or confpirator. 
 Thefe precepts, which afforded every man a plaufible 
 pretext to feize fufpected Indians, were obtained by 
 feveral mipmafters for the mod fhameful purpofes 
 of kidnapping and flave-trading. One with his veflel 
 lurked about the mores of Pemaquid, and notwith- 
 ftanding warning and remonftrance, fucceeded in kid 
 napping feveral of the natives, and, carrying them into 
 foreign parts, fold them for flaves. Similar outrages 
 were committed farther eaft upon the Indians about 
 Cape Sable, " who never had been in the leaft manner 
 guilty of any injury done to the Englifh." Hubbard 
 adds to his account of this affair, " the thing alleadged 
 is too true as to matter of Fact, and the perfons that 
 did it, were lately committed to prifon in order to 
 their further tryal." If the careful refearch of Mafla 
 chufetts antiquarians can difcover any record of the 
 trial, conviction zndjuft punimment of thefe offenders, 
 it will be an honorable addition to their hiftory far 
 more creditable than the conftant reiteration of the 
 ftory of " the negro interpreter" in 1646, which has 
 been fo long in fervice, " to bear witnefs againft y e 
 
48 Notes on the Hiftory of 
 
 haynos and crying finn of man-ftealing," in behalf of 
 "The Gen r all Co r te" of Maffachufetts. Hubbarfs 
 Narrative, 1677, pp. 29, 30. Williamjon s Maine, i., 
 
 53 1 - 
 
 After the death of King Philip, fome of the In 
 dians from the weft and fouth of New England who 
 had been engaged in the war, endeavored to conceal 
 themfelves among their brethren of Penacook who had 
 not joined in the war, and with them of OfTapy and 
 Pigwackett who had made peace. 
 
 By a "contrivance" (as Mather calls it) which 
 favors ftrongly of treachery, four hundred of thefe 
 Indians were taken prifoners, one half of whom were 
 declared to have been acceflbries in the late rebellion; 
 and being " fent to Bofton, feven or eight of them, 
 who were known to have killed any Englishmen, were 
 condemned and hanged ; the reft were fold into ilavery 
 in foreign parts." 
 
 Some of thofe very Indians, who were thus seized 
 and fold, afterwards made their way home, and found 
 opportunity to fatisfy their revenge during the war 
 with the French and Indians known as King William s 
 War. Belknap, i., 143, 245. Mather s Magnalia, 
 Book vii., 55 (699). 
 
 IV. 
 
 AT firft, the number of flaves in MafTachufetts 
 was comparatively fmall, and their increafe was not 
 large until towards the clofe of the feventeenth century. 
 Edward Randolph, in 1676, in an anfwer to feveral 
 
Slavery in Maffachujetts. 49 
 
 heads of inquiry, &c., ftated that there were "not 
 above 200 flaves in the colony, and thofe are brought 
 from Guinea and Madagafcar." He alfo mentioned 
 that fome mips had recently failed to thofe parts 
 from MafTachufetts. Hutchinfon s Collection of Papers, 
 pp. 485, 49 5. Governor Andros reported that the 
 flaves were not numerous in 1678 cc not many 
 fervants, and but few flaves, proportionable with free 
 men." N. T. Col. Doc., in., 263. 
 
 In May, 1680, Governor Bradftreet anfwered 
 certain Heads of Inquiry from the Lords of the Com 
 mittee for Trade and Foreign Plantations. Among 
 his ftatements are the following : 
 
 " There hath been no company of blacks or flaves 
 brought into the country fince the beginning of this 
 plantation, for the fpace of fifty years, onely one fmall 
 Veflell about two yeares fince, after twenty months 
 voyage to Madagafcar, brought hither betwixt forty 
 and fifty Negroes, moil women and children, fold here 
 for io/., I5/. and 2O/. apiece, which flood the mer 
 chant, in near 4O/. apiece: "Now and then, two or 
 three Negroes are brought hither from Barbadoes and 
 other of his Majeftie s plantations, and fold here for 
 about twenty pounds apiece. So that there may be 
 within our Government about one hundred or one 
 
 hundred and twenty There are a very few 
 
 blacks borne here, I think not above [five] or fix at 
 the moft in a year, none baptized that I ever heard 
 of. . ." M.H.S. Coll., in., viii., 337. 
 
 The following century changed the record. Many 
 " companies" of flaves were "brought into the coun 
 try," and the inftitution flourished and waxed ftrong. 
 4 
 
50 Notes on the Hiftory of 
 
 Judge Sewall referred to the " numeroufnefs " of 
 the flaves in the province in 1706. Gov. Dudley s 
 report to the Board of Trade, in 1708, gave four 
 hundred as then in Bofton, one half of whom were 
 born there ; and in one hundred other towns and 
 villages one hundred and fifty more making a total 
 of five hundred and fifty. He ftatedthat negroes were 
 found unprofitable, and that the planters there pre 
 ferred white fervants cc who are ferviceable in war pres 
 ently, and after become planters." From January 24, 
 1698, to 25 December, 1707, two hundred negroes 
 arrived in Maflachufetts. 
 
 Gov. Shute s information to the Lords of Trade, 
 in 1720, Feb. 17, gave the number of flaves of Mafla- 
 chufetts at 2,000, including a few Indians. He added 
 that, during the fame year, thirty-feven male and fix- 
 teen female negroes were imported, with the remark, 
 " No great difference for feven years laft paft." Felt^ 
 Coll Amer. Stat. Ape., i., 586. 
 
 In 1735, there were 2,600 negroes in the Province. 
 In 1742, there were 1,514 in Bofton alone. Douglafs y 
 i., 531. Thefe are probably very imperfect efti- 
 mates, as it is well known that regular enumerations 
 of the population were confidered very objectionable 
 by the people of the Bay. Some recalled the number 
 ing of Ifrael by David, and perhaps all were jealous 
 of the poflible defigns of the Government in England 
 in obtaining accurate information of their numbers 
 and refources. It is a curious fact that the firft cenfus 
 in Maflachufetts, was a cenfus of negro flaves. 
 
 In 1754, an account of property in the Province 
 liable to taxation being required, Gov. Shirley fent a 
 
Slavery in Maffachujetts. 51 
 
 fpecial mefTage to the Houfe of Reprefentatives, in 
 which he faid : 
 
 " There is one part of the Eftate, viz., the Negro 
 Slaves, which I am at a lofs how to come at the knowl 
 edge of, without your afliftance." Journal^ p. 119. 
 
 On the fame day, November 19, 1754, the Legis 
 lature made an order that the Affeffors of the feveral 
 towns and diftricts within the Province, forthwith 
 fend into the fecretary s office the exact number of the 
 negro flaves, both males and females, iixteen years old 
 and upwards, within their refpective towns and dis 
 tricts. Ib^ 
 
 This enumeration, as corrected by Mr. Felt, gives 
 an aggregate of 4,489. The census of Negroes in 
 1764-5, according to the fame authority, makes their 
 number 5,779, in 1776, 5,249 ; in 1784, 4,377, in 
 1786, 4,371 ; and in 1790 (by the United States 
 census) 6,ooi. 2 
 
 The royal instructions to Andros, in 1688, as 
 
 curious illuftration of "the way of putting it" in Mafla- 
 chufetts, in Mr. FELT S account of this " cenfus of flaves," in the Collections 
 of the American Statiflical Affbciation, Vol. I., p. 208. He fays that the 
 General Court pafled this order " for the purpofe of having an accurate 
 account of flaves in our Commonwealth, as a fubjecJ In which the people 
 were becoming much inter efted, relative to the caufe of liberty ! " There is 
 not a particle of authority for this fuggeftion fuch a motive for their aftion 
 never exifted anywhere but in the imagination of the writer himfelf ! 
 
 2 It is to be regretted that we have no official authorities on the fubjeft 
 of the changes in this clafs of population during the period from 1776 to 
 1784. There is a moft extraordinary, if not incredible, ftatement made by 
 the Duke de la Rochefoucault Liancourt in his Travels through the United 
 States . . . in the years 1795, 1796, and 1797, of which a tranflation 
 was publifhed in London in 1799. In ^ at work, Vol. n., page 166, he 
 fays, " It is to be obferved, that, in 1778, the general cenfus of Maflachu- 
 fetts included eighteen thoufand flaves, whereas the fubfequent cenfus of 
 1790 exhibits only fix tlioufand blacks." 
 
$2 Notes on the Hi/lory of 
 
 Governor of New England, required him to " pafs a 
 law for the reftraining of inhuman feverity which may 
 be ufed by ill mafters or overfeers towards the 
 Chriftian fervants or flaves ; wherein provifion is to 
 be made that the wilful killing of Indians and Negroes 
 be punifhed with death, and a fitt penalty impofed for 
 the maiming of them." N. T. Col. Doc.,, m., 547. The 
 reader will note the distinction in thefe inftructions 
 between the Chriftian fervants or Haves, and the 
 Indians and Negroes. It points to a feature of flavery 
 in MafTachufetts, at that time, which we propofe to 
 notice in another portion of thefe notes. 
 
 The Law of 1698, Chapter 6, forbids trading or 
 trucking with any cc Indian, molato or negro fervant 
 or (lave, or other known diflblute, lewd, and diforderly 
 perfons, of whom there is juft caufe of fufpicion." 
 Such perfons were to be punifhed by whipping for fo 
 trading with money or. goods improperly obtained. 
 
 The Law of 1700, Chapter 13, was enacted to pro 
 tect the Indians againft the exactions and oppreflion 
 which fome of the Englifh exercifed towards them 
 " by drawing them to confent to covenant or bind 
 themfelves or children apprentices or fervants for an 
 unreafonable term, on pretence of or to make fatisfac- 
 tion for fome fmall debt contracted or damage done 
 by them." Other flmilar acts were afterwards pafled 
 in 1718 and 1725, the latter having a claufe to protect 
 them againft kidnapping. 
 
 In 1701, the Reprefentatives of the town of Bofton 
 were " defired to promote the encouraging the bring 
 ing of white fervants, and to put a period to Negroes 
 being flaves." Drakes Bojton, 525. M. H. S. Coll., n., 
 
Slavery in Maffachufetts. 53 
 
 viii., 184. We have no knowledge of the efforts 
 made under this instruction of the town of Bofton, but 
 they failed to accomplifh anything. Indeed, the very 
 next enadment concerning flavery was a ftep back 
 ward inftead of an advance towards reform a meafure 
 which turned out to be a permanent and effective 
 barrier againft emancipation in Maffachufetts. 
 
 The Law of 1703, Chapter 2, was in reftraint of 
 the " Manumiffion, Difcharge, or Setting free" of 
 " Molatto or Negro flaves." Security was required 
 againft the contingency of thefe perfons becoming a 
 charge to the town, and " none were to be accounted 
 free for whom fecurity is not given ;" but were " to 
 be the proper charge of their refpective mafters or 
 miftreffes, in cafe they ftand in need of relief and 
 fupport, notwithftanding any manumiflion or inftru- 
 ment of freedom to them made or given," etc. 1 A 
 practice was prevailing to manumit aged or infirm 
 flaves, to relieve the mafter from the charge of fup- 
 porting them. To prevent this practice, the act was 
 
 1 Jonathan Sewall, writing to John Adams, February 31, 1760, puts the 
 following cafe: 
 
 " A man, by will, gives his negro his liberty, and leaves him a legacy. 
 The executor confents that the negro mail be free, but refufeth to give 
 bond to the feleftmen to indemnify the town againft any charge for his 
 fupport, in cafe he mould become poor, (without which, by the province 
 law, he is not manumitted,) or to pay him the legacy. 
 
 Query. Can he recover the legacy, and how ? 
 
 John Adams, in reply, after illuftrating in two cafes the legal principle 
 that the intention of the teftator, to be collefted from the words, is to be 
 obferved in the conftru&ion of a will, applied it to the cafe prefented as 
 follows, viz. : 
 
 " The teftator plainly intended that his negro mould have his liberty and 
 a legacy ; therefore the law will prefume that he intended his executor 
 fhould do all that without which he could have neither. That this in- 
 
54 Notes on the Hiftory of 
 
 paffed. C. J. Parfons. Winchendon vs. Hatfield in error, 
 iv Mafs. Reports, 130. This act was ftill in force as 
 late as June, 1807, when it was reproduced in the 
 revifed laws, and continued until a much later period 
 to govern the decifions of courts affecting; the fettle- 
 
 o <-> 
 
 ment of town paupers. An unfuccefsful attempt to 
 repeal it, will be found duly noticed in a fubfequent 
 portion of thefe notes. 
 
 The Law of 1703, Chapter 4, prohibited Indian, 
 Negro and Molatto fervants or flaves, to be abroad 
 after nine o clock, etc. 
 
 The Law of 1705, Chapter 6, "for the better pre 
 venting of a Spurious and Mixt Iffue, &c. ;" punimes 
 Negroes and Molattoes for improper intercourfe with 
 whites, by felling them out of the Province. It alfo 
 
 demnification was not in the teftator s mind, cannot be proved from the 
 will any more than it could be proved, in the firft cafe above, that the tes 
 tator did not know a fee fimple would pafs a will without the word heirs 5 
 nor than, in the fecond cafe, that the devife of a truft, that might continue 
 for ever, would convey a fee fimple without the like words. I take it, 
 therefore, that the executor of this will is, by implication, obliged to give- 
 bonds to the town treafurer, and, in his refufal, is a wrong doer ; and I can 
 not think he ought to be allowed to take advantage of his own wrong, fo 
 much as to allege this want of an indemnification to evade an aHon of the 
 cafe brought for the legacy by the negro himfelf. 
 
 But why may not the negro bring a fpecial a6tion of the cafe againft the 
 executor, fetting forth the will, the devife of freedom and a legacy, and 
 then the neceffity of indemnification by the province law, and then a refufai 
 to indemnify, and, of confequence, to fet free and to pay the legacy ? 
 
 Perhaps the negro is free at common law by the devife. Now, the 
 province law feems to have beenjnade only to oblige the mafter to main 
 tain his manumitted (lave, and not to declare a manumifTion in the matter s 
 lifetime, or at his death, void. Should a mafter give a negro his freedom, 
 under his hand and feal, without giving bond to the town, and mould after 
 wards repent and endeavor to recall the negro into fervitude, would not that 
 inftrument be a fufficient difcharge againft the mafter?" Adams" 
 i-> 5i> 55- 
 
Slavery in Maffachujetts. 55 
 
 punifhes any Negro or Molatto for ftriking a Chris 
 tian, by whipping at the difcretion of the Juftices be 
 fore whom he may be convided. It alfo prohibits mar 
 riage of Chriftians with Negroes or Molattoes and 
 irnpofes a penalty of Fifty Pounds upon the perfons 
 joining them in marriage. It provides againft un- 
 reafonable denial of marriage to Negroes with thofe 
 of the fame nation, by any Matter "any Law, 
 Ufage, or Cuftom, to the contrary notwithftand- 
 ing." 
 
 This provifo againft the unreafonable denial of 
 marriage to negroes is very interefting. Legislation 
 againft the arbitrary exercife and abufe of authority 
 proves its exiftence and the previous practice. It was 
 as true then as it is now that the inftitution of flavery 
 was inconfiftent with the juft rules of Chriftian 
 morality. 
 
 In Pennfylvania, five years before, William Penn 
 had propofed to his Council, <c the neceflitie of a law 
 [among others] about y e marriages of negroes." The 
 fubject was referred to a committee of both houfes of 
 the legislature, and refulted in a Bill in the Aflembly, 
 "for regulating Negroes in their Morals and Marriages, 
 etc.," which was twice read and rejected. Penn. Col. 
 Rsc. y i., 598. 606. Votes of Affembly, i., 120, 121. 
 This proportion of Penn was in accordance with the 
 views of George Fox, whofe teftimony in regard to the 
 treatment of flaves, given at Barbadoes in 1671, is 
 elfewhere referred to in these notes. In his " Gofpel 
 Family Order, being a ihort difcourfe concerning the 
 Ordering of Families, both of Whites, Blacks, and 
 Indians," he particularly enforced the neceflity of 
 
56 Notes on the Hiftory of 
 
 looking after the marriages of the blacks, to see that 
 there was fome order and folemnity in the manner, 
 and that the marriages mould be recorded, and mould 
 be binding for life. See The Friend y VoL xvn. 29, 4/0.,, 
 Phil 1843. 
 
 No Chriftian man or woman, Quaker or Puritan, 
 could fail to be mocked at the loofenefs of all such 
 ties and relations under the flave fyftem. One folitary 
 witnefs againft flavery in MafTachufetts in 1700, re 
 ferred to the well known c Temptations Mafters were 
 under to connive at the Fornication of their Slaves, 
 left they mould be obliged to find them Wives or pay 
 their Fines." Sewall y 1700. The laws againft the 
 irregular commerce of the sexes were an awkward part 
 of a fyftem which eftablifhed and protected flavery, 
 and marriage (fuch as it was) faved the expenfe of 
 conftant fines to mafters and miftrefles for delinquent 
 flaves. 
 
 But what protection was there for the married 
 ftate or fanction of marital or parental rights and 
 duties ? This law did not and could not protect or 
 fanction either, and muft have been of little practical 
 value to the flaves. Governed by the humor or 
 intereft of the mafter or miftrefs, their marriage was 
 not a matter of choice with them, more than any 
 other action of their life. Who was to judge whether 
 the denial of a mafter or miftrefs was unreafonable or 
 not ? And what remedy had the flave in cafe of 
 denial P 1 The owner of a valuable female flave was to 
 
 1 The cafe of The Inhabitants of Stockbridge vs. The Inhabitants of Weft 
 Stockbridge regarding the fettlement of a negro pauper (who had been a 
 foldier in the American Army of the Revolution) prefents a decifion of the 
 
Slavery in Maffachufetts. 57 
 
 confider what all the rifks of health and life were to 
 be, and whether the increafe of ftock would reimburfe 
 the lofs of fervice. 1 
 
 The breeding of flaves was not regarded with 
 favor. 2 Dr. Belknap fays, that cc negro children were 
 confidered an incumbrance in a family ; and when 
 weaned, were given away like puppies." M. H. S. 
 Coll., i., iv. 3 200. They were frequently publicly ad- 
 vertifed "to be given away," fometimes with the 
 additional inducement of a fum of money to any one 
 who would take them off. 
 
 At the fame time there is no room for doubt that 
 there were public and legalized marriages among flaves 
 in MafTachufetts, fubfequently to the paflage of this 
 aft of 1705. Mr. Juftice Gray ftates that, " the fubfe- 
 quent records of Bofton and other towns mow that 
 their banns were publifhed like thofe of white perfons. 3 
 
 Supreme Judicial Court of Maflachufetts in 1817, not only recognizing the 
 faft of the abfolute legal continuance of flavery in that State in the years 1770 
 -1777 ; but fettling a point of law which is interefting in this connexion. 
 At that time " no contract made with the jla<ve f was binding on the mafter ; 
 for the Jla<ve could have maintained no aftion again/I him, had he failed to 
 fulfil his promife [a promife to emancipate] which was an undertaking 
 merely voluntary on his part." Mafs. Reports, xiv., 257. 
 
 1 A Bill of Sale of a Negro Woman Servant in Bofton in 1724, recites 
 that " Whereas Scipio, of Bofton aforefaid, Free Negro Man and Laborer, 
 purpofes Marriage to Margaret, the Negro Woman Servant of the faid 
 Dorcas Marfhall [a Widow Lady of Bofton] : Now to the Intent that the 
 faid Intended Marriage may take Effeft, and that the faid Scipio may 
 Enjoy the faid Margaret without any Interruption," etc., me is duly fold, 
 with her apparel, for Fifty Pounds. N. E. Hifl. and Gen. Reg., xviu., 78. 
 
 2 So early as the poet Hefiod, married flaves, whether male or female, 
 were efteemed inconvenient. Works and Days, line 406, alfo 602-3. 
 
 3 Mr. Charles C. Jones, of Georgia, in his work on the Religious Inflruc- 
 tion of the Negroes in the United States, publifhed at Savannah, in 1 842, 
 gives, pp. 34, 35, memoranda of four inftances of the kind, which he ob- 
 
58 Notes on the Hiftory of 
 
 In 1745, a negro flave obtained from the Governor 
 and Council a divorce for his wife s adultery with a 
 white man. In 1758, it was adjudged by the Superior 
 Court of Judicature, that a child of a female flave 
 c never married according to any of the forms pre- 
 fcribed by the laws of this land/ by another flave, 
 who c had kept her company with her matter s con- 
 fent, was not a baftard." Quincy s Reports, 30, note. 
 This judgment indicates liberal views with regard to 
 the law of marriage as applied to flaves, although we 
 fufpect there was fpecial occafion for the exercife of 
 charity and mercy which might deprive it of any 
 authority as a leading cafe. 
 
 It is perfectly well known that it was practically 
 fettled in Maflachufetts that baptifm was not emanci 
 pation although there is no evidence in their ftatutes 
 to fhow that the quettion was ever mooted in that 
 colony, as it was in other colonies, where legislation 
 was found neceflary to eftablifh the doctrine. 
 
 Still it was in the power of matters in Maflachu 
 fetts to deny baptifm to their flaves, as appears from 
 the following extract, from Matthias Plant to the 
 Secretary of the Society for the Propagation of the 
 Gofpel, etc. Anfwers to Queries, from Newbury, 
 October 25, 1727 : 
 
 " 6. Negroe Slaves, one of them is defirous of 
 baptifm, but denied by her Matter, a woman of wonder 
 ful fenfe, and prudent in matters, of equal knowledge 
 in Religion with moft of her fex, far exceeding any of 
 her own nation that ever yet I heard of." 
 
 ferved in looking over the old record of " Entryes for Publications " (for 
 marriages) within the town of Bofton, two in the year 1707, and two in 1710. 
 
Slavery in Maffachujetts. 59 
 
 About baptism of flaves cc borne in the houfe, or 
 bought with monie," see letter of Davenport to the 
 younger Winthrop, June 14, 1666, and poftscript. 
 M. H. S. Coll. in., x., 60. 62. 
 
 Mr. Palfrey gives it as his opinion, that cc From 
 the reverence entertained by the Fathers of New Eng 
 land for the nuptial tie, it is fafe to infer that (lave 
 hufbands and wives were never parted." Hift. N. E. y 
 ii., 30, note. The Fathers of New England alfo 
 cherimed a due regard for parental and filial duties and 
 refponfibilities, yet it is certain that {lave mothers and 
 children were feparated. Refting upon "the law of God, 
 eftablifhed in Ifrael," the Puritan could have had no 
 fcruple about this matter fuch a condition of mar 
 riage to the flave mufl have been regarded as an 
 axiom as it was by the Hebrew. Compare Exodus y .xxi., 
 4, 5, 6. Mr. Palfrey s inference is not warranted by 
 the fads. 
 
 In 1786, the legiflature of the State of Maflachu- 
 fetts parTed an " Act for the orderly Solemnization of 
 Marriage," by the feventh fection whereof it was 
 enacted <c that no person authorized by this act to 
 marry mall join in marriage any white perfon with 
 any Negro, Indian or Mulatto, under penalty of fifty 
 pounds ; and all fuch marriages mall be abfolutely 
 null and void." The prohibition continued until 
 1843, wnen it was repealed by a fpecial "act relating 
 to marriage between individuals of certain races." 
 
 The statute of 1705 alfo provided an import duty 
 of four pounds per head on every Negro brought into 
 the Province from and after the ist day of May, 1706, 
 for the payment of which both the veflel and matter 
 
60 Notes on the Hiftory of 
 
 were anfwerable. A penalty of double the amount of 
 the duty on each one omitted was impofed for refufal 
 or neglect to make the prefcribed entry of " Number, 
 Names, and Sex, in the Impoft Office." A drawback 
 was allowed upon exportation and the like advantage 
 was allowed to the purchafer of any Negro fold 
 within the Province, in cafe of the death of his Negro 
 within six weeks after importation or bringing into the 
 Province. 
 
 fH/lr. Drake fays that, in 1727, "the traffic in 
 flaves appears to have been more an object in Bofton 
 than at any period before or fince." Hift. of Bofton, 
 574, and in the following year (1728) an additional 
 " Ad more effectually to fecure the Duty on the Im 
 portation of Negroes" was paffed, by which more 
 ftringent regulations were adopted to prevent the 
 smuggling of fuch property into the Province, and the 
 drawback was allowed on all negroes dying within 
 twelve months. 
 
 This act expired by its own limitation in 1735, 
 but another of a fimilar character was paffed in 1739, 
 which recognifed the old law of 1705 as being ftill in 
 force. 1 It reduced the time for the drawback on the 
 death of negroes to fix months after importation. 
 
 Free Negroes not being allowed to train in the 
 
 1 " Dec. 7, 1737, Col. Royal petitions the General Court, that, having 
 lately arrived from Antigua, he has with him feveral flaves for his own ufe, 
 and not to fell, and therefore prays that the duty on them be remitted. The 
 duty was 4 a-head. This petition was laid on the table, and refts there 
 yet." Brooks 1 s Medford, 435. The aft of 1739 was for ten years, and 
 therefore expired in 1749. We have found no repeal of the old law, but 
 the proceedings concerning the aft propofed in 1767 would feem to mow 
 all the old a6h of Impoft to be expired or obfolete. 
 
Slavery in Maffachujetts. 61 
 
 Militia, an ad pafled in 1707, Chapter 2, required 
 them to do fervice on the highways and in cleaning 
 the ftreets, etc., as an equivalent. Thirty-three free 
 negroes were mentioned in the minutes of the Select 
 men of Bofton, in 1708, to whom, according to this 
 law, two hundred and eighteen days of labor were 
 afligned upon the highways and other public works. 
 Lymans Report, 1822. The fame ad prohibited them 
 to entertain any fervants of their own color in their 
 houfes, without permiflion of the refpective mafters or 
 miftrefles. 
 
 In 1712, an act was pafled prohibiting the importa 
 tion or bringing into the Province any Indian fervants 
 or flaves. The preamble recites the bad character of 
 the Indians and other flaves, "being of a malicious, 
 furley and revengeful fpirit ; rude and infolent in their 
 behaviour, and very ungovernable." A glimpfe of 
 poflible future reform is to be caught in this act, for 
 it recognizes the increafe of flaves as a cc difcourage- 
 ment to the importation of White Chriftian Servants." 
 But its chief motive was in the peculiar circumftances 
 of the Province "under the forrowful effects of the 
 Rebellion and Hoftilities " of the Indians, and the 
 fact that great numbers of Indian flaves were already 
 held in bondage in the Province at the time. 
 
 This act had a fpecial reference to Southern In 
 dians, the Tufcaroras and others, captives in war, 
 chiefly from South Carolina. Governor Dudley 
 afterwards entered into correfpondence with other 
 colonial governors, about preventing the fale of In 
 dians from that Province to the Northern colonies. 
 Similar acts were pafled by Pennfylvania in 1712, 
 
62 Notes on the Hiftory of 
 
 New Hampfliire in 1714, and Connecticut and Rhode 
 Ifland in 1715. 
 
 Under the earlier! laws of taxation in Maflachufetts, 
 flaves muft have been rated (if taxed at all) as polls, 
 the owners paying for them as for other fervants and 
 children, " fuch as take not wages." This continued 
 until the period of the Province Charter, when, in the 
 year 1692, "every male flave of fixteen years old 
 and upwards " was rated " at Twenty Pounds Eftate." 
 In 1694, cc all Negro s, Molattoes and Indian Ser 
 vants, as well male as female, of 16 years old and up 
 wards, at the rate of iid. per poll fame as other polls." 
 In 1695, "all Negro s, Molatto, and Indian Ser 
 vants, males of 14 years of age and upward at the 
 rate of 2O/. eftate, and Females at i^l. eftate, unlefs 
 difabled by infirmity." They were fubfequently in the 
 fame year rated cc as other perfonal eftate," which 
 mode was continued in 1696, 1697, and 1698, in the 
 latter year "according to the found judgment and 
 difcretion of the Afleflbrs, not excluding faculties." 
 
 This rating for " faculties " was a prominent fea 
 ture in the early tax-laws of Maflachufetts, and was con 
 tinued after the commencement of the prefent century. 1 
 
 It was applied to white men in Maflachufetts from 
 the beginning, being intended as a juft valuation for 
 thofe who had arts, trades, and faculties, by the pro 
 duce of which they were <c more enabled to bear the 
 publick charge than common laborers and Workmen, 
 
 1 Mr. Felt fays, in his memoranda, under the date of 1829, " the rating 
 for faculties, long a prominent item in our former tax-a6ls, and not unfre- 
 quently made a fubjeft of pleafant remark, has been dropped, like other 
 notions of ancient cuftom."" Coll. Amer. Stat. Affoc., I., 502. See also pp. 
 *97> 374- 
 
Slavery in Maffachujetts. 63 
 
 as Butchers, Bakers, Brewers, Victuallers, Smiths, Car 
 penters, Taylors, Shoemakers, Joyners, Barbers, Millers 
 and Mafons, with all other manual perfons and 
 Artifts." Mqfs. Laws, Ed. 1672, p. 24. The law 
 of 1698, however, appears to have been the firft, if 
 not the only one, in which this feature was applied to 
 the "Negroes, Molattoes and Indians" in bondage; 
 and may be juftly regarded as an indication of pro- 
 grefs, for it was an admiflion that thefe unfortunate 
 creatures had " faculties," valuable to their owners, 
 if not to themfelves. 1 
 
 There was little variation in thefe laws during the 
 entire colonial period all Indian, Negro, and Mu 
 latto fervants continuing to be rated as perfonal pro 
 perty excepting that occafionally fome of thofe who 
 were fervants for a term of years, but not for life, 
 were numbered and rated as polls. 
 
 In 1716, an attempt was made to modify this 
 feature of the legislation of Maflachufetts. The fol 
 lowing extract from Judge Sewall s Diary is copied 
 from the original. Though quoted by Coffin, in his 
 Hiflory of New bury, 188, and Felt, in the Coll. Amer. 
 
 1 The early records of the town of Bofton preferve the fa6l that one 
 Thomas Deane, in the year 1661, was prohibited from employing a negro 
 in the manufacture of hoops under a penalty of twenty millings, for what 
 reafon is not ftated. Lyman s Report, 1822. Phillis Wheatley s was not 
 the only inftance, in Bofton, of the negro s capacity for intellectual im 
 provement. A worthy Englifhman, Richard Dalton, Efq., a great admirer 
 of the Greek daffies, becaufe of the tendernefs of his eyes, taught his negro 
 boy, Csefar, to read to him diftinftly any Greek writer, without underftand- 
 ing the meaning or interpretation. Douglafs, ii., 345. In the Bofton 
 Chronicle for September 21, 1769, is advertifed: " To be fold, a Likely 
 Little negroe boy, who canfpeak the French language, and very fit for a 
 Valet." 
 
64 Notes on the Hiftory of 
 
 Stat. AJJociation, i., 586, it is not correctly printed by 
 either. . 
 
 "1716. I eflayed June 22, to prevent Indians j 
 and Negroes being rated with Horfes and Hogs ; but 
 could not prevail. Col. Thaxter bro t it back " [from 
 the Deputies], "and gave as a reafonofy r " [their] 
 " Nonagreement, They were juft going to make a New 
 Valuation." 
 
 This concife mention of Judge SewalFs benevolent 
 " eflay," indicates that he had firft propofed the matter 
 in the Council, of which he was then a member ; and 
 that the Council agreeing, their decifion was fent down 
 to the Houfe for their concurrence. But the Houfe 
 non-concurred ; and fignified by Colonel Thaxter, 
 that they declined their afTent to the refolve of the 
 Council, for the reafon that "they were juft going to 
 make a New Valuation ;" and as in the preceding 
 valuations of the property of their constituents, Indian, 
 Negro, and Mulatto ilaves had been prominent 
 articles, they muft keep on flill in the old track; 
 Indians, Negroes, and Mulattoes muft ftill be valued 
 as property, and for this fpecies of property their 
 owners muft ftill be taxed. MS. Letter of Rev. Samuel 
 Sew all. 
 
 In 1718, all Indian, Negro, and Mulatto fervants 
 for life were eftimated as other Perfonal Eftate viz : 
 Each male fervant/0r life above fourteen years of age, 
 at fifteen pounds value ; each female fervant for life, 
 above fourteen years of age, at ten pounds value. 
 The afleflbr might make abatement for caufe of age 
 or infirmity. Indian, Negro, and Mulatto Male 
 fervants for a term of years were to be numbered and 
 
Slavery in Maffachujetts. 65 
 
 rated as other Polls, and not as Perfonal Eftate. 1 In 
 1726, the afleflbrs were required to eftimate Indian, 
 Negro, and Mulatto fervants proportionably as other 
 Perfonal Eftate, according to their found judgment 
 and difcretion. In 1727, the rule of 1718 was reftored, 
 but during one year only, for in 1728 the law was the 
 fame as that of 1726 ; and fo it probably remained, 
 including all fuch fervants, as well for term of years 
 as for life, in the rateable eftates. We have feen the 
 fupply bills for 1736, 1738, 1739, and 1740, in which 
 this feature is the fame. 
 
 And thus they continued to be rated with horfes, 
 oxen, cows, goats, fheep, and fwine, until after the 
 commencement of the War of the Revolution. We 
 have not feen the law, but Mr. Felt ftates that cc in 
 1776 the colored polls were taxed the fame as the 
 white polls, and fo continued to be." Coll. Amer. 
 Stat. Affoc., i., 475. Seealfofp. 203, 311, 345, 411. 
 
 In the inventory of Captain Paul White, in 1679, 
 was "one negrow = 3O/." In 1708, an Indian boy 
 from South Carolina brought 357. An Indian girl 
 brought fifteen pounds, at Salem, in Auguft, 1710. 
 The higheft price paid for any of a cargo brought into 
 Bofton, by the floop Katherine, in 1727, was eighty 
 pounds. The eftate of Samuel Morgaridge, who died 
 in 1754, included the following : " Item, three negroes 
 1337. 6s. 8</." Coffin s Newbury, 188, 336. Coll. 
 EJ/ex Inftitute, i., 14. Felts Salem, n., 416. 
 
 " The Guinea Trade," as it was called then, fince 
 known and branded by all civilized nations as piracy, 
 
 1 Another aft of the year 1718 forbade, under heavy penalties, Matters 
 of Ships to carry off " any bought or hired fervant or apprentice." 
 
 5 
 
66 Notes on the Hiftory of 
 
 whofe beginnings we have noticed, continued to 
 flourifh under the aufpices of Maflachufetts merchants 
 down through the entire colonial period, and long 
 after the boafted Declaration of Rights in 1780 had 
 terminated (?) the legal existence of flavery within the 
 limits of that State. Felt s Salem, n., 230, 261, 265, 
 288, 292, 296. To gratify thofe who are curious to 
 fee what the instructions given by refpectable mer 
 chants in Maflachufetts to their flave captains were 
 in the year 1785, we copy them from Felfs Salem, u., 
 28990; probably the only ipecimen extant. 1 
 
 " , Nov. 12, 1785. 
 
 " Capt . 
 
 " Our brig, 2 of which you have the command, being cleared at 
 the office, and being in every other refpeft complete for fea ; our 
 orders are, that you embrace the firft fair wind and make the beft of 
 your way to the coafl of Africa, and there inveft your cargo in flaves. 
 As flaves, like other articles, when brought to market, generally appear 
 to the beft advantage ; therefore, too critical an infpeftion cannot be 
 paid to them before purchafe ; to fee that no dangerous diftemper is 
 lurking about them, to attend particularly to their age, to their counte 
 nance, to the ftraightnefs of their limbs, and, as far as poffible to the 
 goodnefs or badnefs of their conftitution, &c. &c., will be very con- 
 fiderable objects. 
 
 " Male or female flaves, whether full grown or not, we cannot par 
 ticularly inftrucl you about ; and on this head fhall only obferve, that 
 prime male flaves generally fell beft in any market. No people require 
 more kind and tender treatment to exhilarate their Ipirits, than the 
 Africans ; and, while on the one hand you are attentive to this, re 
 member that on the other hand, too much circumfpeftion cannot be 
 obferved by yourfelf and people, to prevent their taking the advantage 
 
 1 Brooks s Medford preferves fimilar inftru6Hons in 1759, and a fpecimen 
 of the flave captain s day-book on the coaft of Africa, pp. 436-7. 
 
 2 This veflel was probably the Brig Favorite. Compare Felt s Salem, u., 
 287 and 291. 
 
Slavery in Majfachufetts. 67 
 
 of fuch treatment by infurredtion, &c. When you confider that on 
 the health of your flaves, almoft your whole voyage depends ; for all 
 other rifques, but mortality, feizures and bad debts, the underwriters 
 are accountable for ; you will therefore particularly attend to fmoking 
 your veflel, warning her with vinegar, to the clarifying your water 
 with lime or brimftone, and to cleanlinefs among your own people, as 
 well as among the flaves. 
 
 " As the factors on the coaft have no laws but of their own making, 
 and of courfe fuch as fuit their own convenience, they therefore, like 
 the Israelites of old, do whatfoever is right in their own eyes ; in con- 
 fequence of which you ought to be very careful about receiving gold 
 duft, and of putting your cargo into any but the bell hands, or if it can 
 be avoided, and the fame difpatch made, into any hands at all, on any 
 credit. If you find that any faving can be made by bartering rum for 
 flops, and fupplying your people with fmall ftores, you will do it ; or 
 even if you cannot do it without a lofs, it is better done than left un 
 done; for ihifts of clothes, particularly in warm climates, are very 
 neceflary. As our intereft will be confiderable, and as we fhall make 
 infurance thereon, if any accident fliould prevent your following the 
 track here pointed out, let it be your firft objecl: to proteft publicly, 
 why, and for what reafon you were obliged to deviate. You are to 
 have four flaves upon every hundred, and four at the place of fale ; the 
 priviledge of eight hogflieads, and two pounds eight ihillings per month ; 
 thefe are all the compenfations you are to expect for the voyage. 
 
 " Your firft mate is to have four hogflieads privilege, and your 
 fecond mate two, and wages as per. agreement. No flaves are to be 
 feledted out as priviledged ones, but muft rife or fall with the general 
 fales of the cargo, and average accordingly. We fhall expeft to hear 
 from you, by every opportunity to Europe, the Weft Indies, or any of 
 thefe United States ; and let your letters particularly inform us, what 
 you have done, what you are then doing, and what you expeft to do. 
 We could wifh to have as particular information as can be obtained, 
 refpefting the trade in all its branches on the coaft ; to know if in any 
 future time, it is probable a load of N. E. Rum could be fold for bills 
 of exchange on London, or any part of Europe ; or, for gold duft ; 
 and what defpatch in this cafe might be made. 
 
 " You will be careful to get this information from gentlemen of 
 veracity, and know of them if any other articles would anfwer from 
 
68 Notes on the Hi/lory of 
 
 this quarter. We fhould be glad to enter into a contract, if the terms 
 would anfwer, with any good factor for rum, &c. If any fuch would 
 write us upon the fubjeft, and enclofe a memorandum with the prices 
 annexed, fuch letters and memorandums mail be duly attended to. We 
 are in want of about five hundred weight of camwood, and one large 
 elephant s tooth of about 80 Ibs., which you will obtain. If fmall teeth 
 can be bought from 15 to 30 Ibs., fo as to fell here without a lofs, at 
 three millings, you may purchafe zoo Ibs. Should you meet with any 
 curiofities on the coaft, of a fmall value, you may expend 40 or 50 
 gallons of rum for them. Upon your return you will touch at St. 
 Pierre s, Martinico, and call on Mr. John Mounreau for your further 
 advife and deftination. We fubmit the conducting of the voyage to 
 your good judgment and prudent management, not doubting of your 
 belt endeavours to ferve our intereft in all cafes ; and conclude with 
 committing you to the almighty Difpofer of all events. 
 " We wifh you health and profperity, 
 
 " And are your friends and owners." 
 
 
 The flaves purchafed in Africa were chiefly fold in 
 the Weft Indies, or in the Southern colonies ; but 
 when thefe markets were glutted, and the price low, 
 fome of them were brought to Maflachufetts. The 
 ftatiftics of the trade are fomewhat scattered, and it is 
 difficult to bring them together, but enough is known 
 to bring the fubject home to us. In 1795, one in 
 formant of Dr. Belknap could remember two or three 
 entire cargoes, and the Doctor himfelf remembered 
 one fomewhere between 1755 anc ^ J 7^5 which confifted 
 almoft wholly of children. Sometimes the verTels of 
 the neighboring colony of Rhode Ifland, after having 
 fold their prime flaves in the Weft Indies, brought 
 the remnants of their cargoes to Bofton for fale. Coll. 
 M. H. ., i., iv., 197. 
 
 The records of the flave-trade and flavery every 
 where are the fame the fame difregard of human 
 
Slavery in Maffachujetts. 69 
 
 rights, the fame indifference to fuffering, the fame 
 contempt for the oppreffed races, the fame hate for 
 thofe who are injured. It has been afferted that in 
 Maflachufetts, not only were the miferies of flavery 
 mitigated, but fome of its worft features were wholly 
 unknown. But the record does not bear out the fug- 
 geftion ; and the traditions of one town at lead pre- 
 ferve the memory of the moil brutal and barbarous 1 
 of all, " raifing (laves for the market." Barry s Han 
 over, 175. 
 
 The firft newfpapers publifhed in America illuftrate 
 among their advertisements the peculiar features of 
 the inftitution to which we refer, and in their fcanty 
 columns of intelligence may be found thrilling accounts 
 of the barbarous murders of matters and crews by the 
 hands of their flave-cargoes. 2 The cafe of the Amiftad 
 negroes had its occafional parallel in the colonial 
 hiftory of the traffic excepting that the men of New 
 England had a fympathy at home in the iyth and 
 1 8th centuries, which was juftly withheld from their 
 Spanifh and Portuguefe imitators in the i9th. Nor 
 was that region wholly exempt from the terror by day 
 and by night of flave infurredlions. In Coffin s New- 
 bury, 153, is a notice of a confpiracy of Indian and 
 negro flaves "to obtain their inalienable rights," 
 apparently a fcheme of fome magnitude. 
 
 1 " The flave-trade can be fupported only by barbarians j for civilized 
 nations purchafe flaves, but do not produce them." Gibbon, Extraits de 
 man Journal, Oft. 19, 1763. What would the hiftorian of the Decline and 
 Fall of the Roman Empire have faid of the Virginia of the nineteenth cen 
 tury! 
 
 2 Eofton News Letter, No. 1399, Neva England Weekly Journal, No. 214, 
 in News Letter, No. 1422, No. 1423. 
 
jo Notes on the Hiftory of 
 
 As the advantages of advertifing came to be un- 
 derftood, the defcriptions of flave property became 
 more frequent and explicit. Negro men, women, and 
 children were mixed up in the fales with wearing ap 
 parel, Gold Watches, and other Goods 1 " very good 
 Barbados Rum" is offered with "a young negro 
 that has had the Small Pox" 2 and competitors offer 
 "Likely negro men and women juft arrived" 3 
 " negro men new and negro boys who have been in the 
 country fome time," 4 and alfo "juft arrived, a choice 
 parcel of negro boys and girls." 1 "A likely negro 
 man born in the country, and bred a Farmer, fit for any 
 fervice," 6 "a negro woman about 22 years old, with 
 a boy about 5 months," 7 &c., a cc likely negro wo 
 man about 19 years and a child of about fix months of 
 age to be Jold together or apart" * and cc a likely negro 
 man, taken by execution, and to be fold by pub lick 
 auction at the Royal Exchange Tavern in King Street, 
 at fix o clock this afternoon," 9 muft conclude thefe 
 extracts. 
 
 At this point it may be neceffary to interpofe a 
 caution with reference to the judgment which muft be 
 pronounced againft the policy which has been illuftrated 
 
 1 Bofton News Letter, No, 1402. 2 N. E. Journal, No. aoo. 
 
 3 N. E. Journal, No. 217. 4 N. E. Journal, No. 230. 
 
 6 Bofton News Letter, No. 1438, Auguft i2th to i9th, 1731. 
 
 6 This man was offered for fale by the Widow and Adminiftratrix to 
 the Eftate of Thomas Amory in 1731. Bofton News Letter, No. 1413. 
 
 7 Bofton News Letter, No. 1487, July 2oth to July 27th, 1732. 
 
 8 N. E. Weekly Journal, No. 267, May ift, 1732. 
 
 9 The Bofton Gazette and Country Journal, No. 594, Auguft 18, 1766. 
 This advertifement is a conclufive anfwer to the claim that " no evidence 
 is found of fuch taking in execution in MafTachufetts." Dane s Abridgment, 
 II., 314. 
 
Slavery in Maffachujetts. 71 
 
 in thefe notes ; and a recent writer of Englifh hiftory 
 has fo clearly ftated our own views, that his language 
 requires very little change here. 
 
 It would be to mifread hiftory and to forget the 
 change of times, to fee in the Fathers of New England 
 mere commonplace flavemongers ; to themfelves they 
 appeared as the elect to whom God had given the 
 heathen for an inheritance ; they were men of ftern 
 intellect and fanatical faith, who, believing themfelves 
 the favorites of Providence, imitated the example 
 and aflumed the privileges of the chofen people, and 
 for their wildeft and worft ads they could claim 
 the fanction of religious conviction. In feizing and 
 enflaving Indians, and trading for negroes, they were 
 but entering into pofTeflion of the heritage of the 
 faints ; and New England had to outgrow the theol 
 ogy of the Elizabethan Calvinifts before it could under- 
 ftand that the Father of Heaven refpected neither 
 perfon nor color, and that his arbitrary favor if more 
 than a dream of divines was confined to fpiritual 
 privileges. Compare Froudes Hiftory of England, Vol. 
 viii., 480. 
 
 It was not until the ftruggle on the part of the 
 colonifts themfelves to throw off the faft-clofing 
 {hackles of Britim oppreffion culminated in open 
 refiftance to the mother-country, that the inconfiftency 
 of maintaining flavery with one hand while pleading 
 or ftriking for freedom with the other, compelled a re 
 luctant and gradual change in public opinion on this 
 fubject. 
 
 If it be true that at no period of her colonial 
 and provincial hiftory was Maflachufetts without her 
 
72 Notes on the Hiftory of 
 
 " proteftants " againft the v/hole fyftem ; their ex 
 ample was powerlefs in that day and generation. 
 The words and thoughts of a Williams, an Eliot, and 
 a Sewall, fell unheeded and unnoticed on the ears and 
 hearts of the magiftrates and people of their time, as 
 the acorn fell two centuries ago in the forefts by which 
 they were furrounded. a 
 
 V. 
 
 BUT the humane efforts of Roger Williams and 
 John Eliot to abate the feverity of judgment againft 
 captives, and mitigate the horrors of flavery in 
 Maflachufetts, hardly amounted to a pofitive proteft 
 againft the inftitution itfelf. In their time there was 
 no public opinion againft flavery, and probably very 
 little exercife of private judgment againft it. Even 
 among the Quakers the inner light had not yet dis- 
 clofed its enormity, or awakened tender confciences to 
 its utter wickednefs. 
 
 There were two fignal exceptions to the general 
 
 1 In this fentence, as originally printed in the Hiftorical Magazine, a 
 " Dudley " was included among thofe indicated as having been in advance 
 of their contemporaries on this fubjeft. The reference was to Paul Dudley, 
 who was the author of a tracl, publifhed in 1731, entitled, " An EfTay on 
 the Merchandife of Slaves and Souls of Men. With an Application to the 
 Church of Rome." This title, and references to the trat by others, gave us 
 the impreflion that it was againft Slavery ; but an opportunity recently en 
 joyed of examining the traft itfelf, showed the miftake. It is altogether 
 ( an Application to the Church of Rome," in fa6t, " an oration againft 
 Popery," of which Maffachufetts had a much greater horror than of 
 flavery. 
 
Slavery in Maffachujetts. 73 
 
 theory and practice of that period on this fubjed, 
 both of which deferve to be had in everlafting re 
 membrance. We fhall make no apology for noticing 
 them in this place, although their connection with the 
 hiftory of flavery in MafTachufetts is very remote. 
 
 Among the " Ads and Orders made at the Generall 
 Court of Election held at Warwicke this i8th day of 
 May, anno 1652," " The Commiffioners of Provi 
 dence and Warwicke being lawfully mett and fett," 
 on the fecond day of their feffion (i9th May, 1652), 
 enaded and ordered as follows, viz. : 
 
 "WHEREAS, there is a common courfe pradifed 
 among Englishmen to buy negers, to that end they 
 may have them for fervice or flaves for ever ; for the 
 preventinge of fuch pradices among us, let it be 
 ordered, that no blacke mankind or white being 
 forced by covenant bond, or otherwife, to ferve any 
 man or his aflighnes longer than ten yeares, or untill 
 they come to bee twentiefour yeares of age, if they bee 
 taken in under fourteen, from the time of their 
 cominge within the liberties of this Collonie. And 
 at the end or terme of ten yeares to fett them free, as 
 is the manner with the Englim fervants. And that 
 man that will not let them goe free, or fhall fell them 
 away elfewhere, to that end that they may be enflaved 
 to others for a long time, hee or they fhall forfeit to 
 the Collonie forty pounds." R. I. Records, i., 248. 
 
 This noble ad ftands out in fblitary grandeur in 
 the middle of the feventeenth century, the firfl legis 
 lative enadment in the hiftory of this continent, if 
 not of the world, for the fuppreflion of involuntary 
 fervitude. But, unhappily, it was not enforced, even 
 
74 Notes on the Hiftory of 
 
 in the towns over which the authority of the Com- 
 miffioners extended. 1 
 
 The other exception to which we have referred is 
 to be found in the following declaration againfb llavery 
 by the Quakers of Germantown, Pennfylvania, in 
 1688. Thefe were a "little handful" of German 
 Friends from Cresheim, a town not far from Worms, 
 in the Palatinate. 
 
 We are indebted to the curious and zealous 
 refearch of Mr. Nathan Kite, of Philadelphia, for the 
 publication of this interefting memorial. It appeared 
 in ^he Friend, Vol. xvii., No. 16, January 13, 1844. 
 The paper from which Mr. Kite copied was the 
 original. At the foot of the addrefs, John Hart, the 
 clerk of the Monthly Meeting, made his minute, and 
 that paper having been then forwarded to the Quar 
 terly Meeting, received a few lines from Anthony 
 Morris, the clerk of that body, to introduce it to the 
 Yearly Meeting, to which it was then directed. 
 
 " This is to the monthly meeting held at Richard 
 Worrell s : 
 
 cc Thefe are the reafons why we are againfl the 
 traffic of men-body, as followeth : Is there any that 
 would be done or handled at this manner ? viz., to be 
 fold or made a flave for all the time of his life ? How 
 fearful and faint-hearted are many at fea, when they 
 fee a flrange veflel, being afraid it mould be a Turk, 
 
 1 Compare Arnold, I., 240. We omit his miftaken deference to Mafla- 
 chufetts in regard to the A61 of 1646 fo long mifunderftood or mifrepre- 
 fented as a proteft againft flavery. See ante, pp. 28-30. Alfo Bancroft, I., 
 174, and Hildreth, I., 373. 
 
Slavery in Majfachufetts. 75 
 
 and they fhould be taken, and fold for flaves into 
 Turkey. Now, what is this better done, than Turks 
 do ? Yea, rather it is worfe for them, which fay they 
 are Chriftians ; for we hear that the moil part of fuch 
 negers are brought hither againft their will and con- 
 fent, and that many of them are flolen. Now, though 
 they are black, we cannot conceive there is more 
 liberty to have them flaves, as [than] it is to have 
 other white ones. There is a faying, that we fhould 
 do to all men like as we will be done ourfelves ; 
 making no difference of what generation, defcent, or 
 colour they are. And thofe who fteal or rob men, 
 and thofe who buy or purchafe them, are they not all 
 alike? Here is liberty of confcience, which is right 
 and reafonable ; here ought to be likewife liberty of 
 the body, except of evil-doers, which is another cafe. 
 But to bring men hither, or to rob and fell them 
 againft their will, we fland againft. In Europe, there 
 are many opprefled for confcience-fake ; and here 
 there are thofe opprefled which are of a black colour. 
 And we who know that men muft not commit adultery 
 fome do commit adultery in others, feparating 
 wives from their hufbands, and giving them to others : 
 and fome fell the children of thefe poor creatures to 
 other men. Ah ! do confider well this thing, you 
 who do it, if you would be done at this manner and 
 if it is done according to Chriflianity ! You furpafs 
 Holland and Germany in this thing. This makes an 
 ill report in all thofe countries of Europe, where they 
 hear of [it,] that the Quakers do here handel men as 
 they handel there the cattle. And for that reafon 
 fome have no mind or inclination to come hither. 
 
7 6 Notes on the Hiftory of 
 
 And who fhall maintain this your caufe, or plead for 
 it ? Truly, we cannot do fo, except you fhall inform 
 us better hereof, viz. : that Chriftians have liberty to 
 practife thefe things. Pray, what thing in the world 
 can be done worfe towards us, than if men mould rob 
 or fteal us away, and fell us for flaves to flrange 
 countries ; feparating hufbands from their wives and 
 children. Being now this is not done in the manner 
 we would be done at, [by] ; therefore, we contradict, 
 and are againft this traffic of men-body. And we 
 who profefs that it is not lawful to fteal, mutt, like- 
 wife, avoid to purchafe fuch things as are ftolen, but 
 rather help to flop this robbing and ftealing, if poflible. 
 And fuch men ought to be delivered out of the hands 
 of the robbers, and fet free as in Europe. Then is 
 Pennfylvania to have a good report, inftead, it hath 
 now a bad one, for this fake, in other countries : 
 Efpecially whereas the Europeans are defirous to know 
 in what manner the Quakers do rule in their province ; 
 and moft of them do look upon us with an envious 
 eye. But if this is done well, what mail we fay is 
 done evil ? 
 
 "If once thefe flaves (which they fay are fo wicked 
 and flubborn men,) mould join themfelves fight for 
 their freedom, and handel their mafters and miftrefTes, 
 as they did handel them before ; will thefe mafters and 
 miftrefTes take the fword at hand and war againft thefe 
 poor flaves, like, as we are able to believe, fome will 
 not refufe to do ? Or, have thefe poor negers not as 
 much right to fight for their freedom, as you have to 
 keep them flaves ? 
 
 " Now confider well this thing, if it is good or 
 
Slavery in Maffachujetts. 77 
 
 bad. And in cafe you find it to be good to handel 
 thefe blacks in that manner, we defire and require you 
 hereby lovingly, that you may inform us herein, 
 which at this time never was done, viz., that Chris 
 tians have fuch a liberty to do fo. To the end we 
 mall be fatisfied on this point, and fatisfy likewife our 
 good friends and acquaintances in our native country, 
 to whom it is a terror, or fearful thing, that men 
 mould be handelled fo in Pennfylvania. 
 
 " This is from our meeting at Germantown, held 
 y e 1 8th of the id month, 1688, to be delivered to the 
 monthly meeting at Richard Worrell s. 
 
 cc GARRET HENDERICH, 
 DERICK OP DE GRAEFF, 
 FRANCIS DANIEL PASTORIUS, 
 ABRAM OP DE GRAEFF. 
 
 " At our monthly meeting, at Dublin, y e joth 2d 
 mo., 1688, we having infpected y e matter, above men 
 tioned, and confidered of it, we find it fo weighty that 
 we think it not expedient for us to meddle with it 
 here, but do rather commit it to y e confideration of y e 
 quarterly meeting ; y e tenor of it being related to y e 
 truth. 
 
 "On behalf of y e monthly meeting, 
 
 "Jo. HART. 
 
 " This abovementioned, was read in our quarterly 
 meeting, at Philadelphia, the 4th of y e 4th mo., 88, 
 and was from thence recommended to the yearly meet 
 ing, and the above faid Derrick, and the other two 
 mentioned therein, to prefent the fame to y e above 
 
78 Notes on the Hiftory of 
 
 faid meeting, it being a thing of too great weight for 
 this meeting to determine. 
 
 cc Signed by order of y e meeting. 
 
 cc ANTHONY MORRIS." 
 
 The minutes o/ the Yearly Meeting, held at Bur 
 lington in the fame year, record the refult of this firft 
 effort among the Quakers. 
 
 cc 
 
 At a Yearly Meeting, held at Burlington the 
 day of the yth Month, 1688. 
 
 cc A paper being here prefented by fome German 
 Friends Concerning the Lawfulnefs & Unlawfulnefs 
 of Buying & Keeping of Negroes It was adjudged 
 not to be fo proper for this Meeting to give a Pofitive 
 Judgment in the Cafe It having fo general a Rela 
 tion to many other Parts & therefore at prefent they 
 Forbear It." ExtracJ from the Original Minutes, 
 copied by Nathan Kite. Compare Bettle, in Penn. Hift. 
 Soc. Coll., i., 365. 
 
 Richard Baxter has been reprefented as having 
 cc echoed the opinions of Puritan Maflachufetts." 
 Bancroft, in., 412. We have already mown that the 
 Puritans of Maflachufetts were not hoftile to flavery. 
 Neither was Baxter ; for he expreflly recognized the 
 lawfulnefs of the purchafe and ufe of men as flaves, 
 although he denounced man-ftealing as piracy. The 
 principal point of his Chriftian Directory (publifhed 
 in 1673) in this matter, was concerning the religious 
 obligations growing out of the relation of matter and 
 flave. Works, iv., 212-20., xvn., 330., xix., 210. 
 
Slavery in Majfachufetts. 79 
 
 Morgan Godwyn, a clergyman of the Church of 
 England, who wrote and publifhed in 1680 "The 
 Negro s and Indian s Advocate, fuing for their Ad- 
 miiTion into the Church," etc., hardly intimates a 
 doubt of the lawfulnefs of their flavery, while he 
 pleads for their humanity and right to religion againft 
 a very general opinion of that day, which denied them 
 both. 
 
 Dean Berkeley, in his famous fermon before the 
 Venerable Society in 1731, fpeaks of "the irrational 
 contempt of the Blacks, as Creatures of another Spe 
 cies, who had no right to be inftructed or admitted to 
 the Sacraments." Sermon, p. 19. 
 
 And George Keith (then Quaker), whose paper 
 againft the practice was faid to be given forth by the 
 appointment of the meeting held by him in the city 
 of Philadelphia, about the year 1693, gave a ftrict 
 charge to Friends " that they mould fet their negroes 
 at liberty, after fome reafonable time offervice." Gabriel 
 Thomas s Hiftory of Pennfylvania, etc., 1698,^. 53, 54. 
 This was probably the pamphlet quoted by Dr. Frank 
 lin in his letter to John Wright, 4th November, 1789. 
 Works , x., 403. 
 
 Keith appears fimply to have repeated the words 
 of George Fox in Barbadoes in 1671, when he urged 
 the religious training of the negroes, as well as kind 
 treatment, in place of <c cruelty towards them, as the 
 manner of fome hath been and is ; and that after 
 certain years of fervitude they mould make them 
 free." Journal^ n., 140. For a more particular 
 account of this teftimony of Fox, see The Friend, 
 Vol. xvn., pp. 28, 29. 4to. Phil. 1843. Tne explicit 
 
8o Notes on the Hi/lory of 
 
 anfwer of Fox to the charge that the Quakers " taught 
 the negroes to rebel," fhows very clearly that anti- 
 flavery doctrines were no part of the Quaker creed at 
 that time. Ibid., pp. 1 47~9> Compare 454. See aljo 
 Ralph Sandifora" s Brief Examination, etc., Preface. 
 
 And for half a century afterwards " that people 
 were as greedy as any Body in keeping Negroes for 
 their Gain," fo as to induce the belief that they " ap 
 proved of it as a People with one confent unani- 
 moufly." Lay, 84. Ralph Sandiford, in 1729, in his 
 cc Brief Examination," etc., thus bemoaned the fact, 
 "that it hath defaced the prefent Difpenfation." 
 
 cc Had the Friends flood clear of this Practice, 
 that it might have been anfwered to the Traders in 
 Slaves that there is a People called Quakers in Penn- 
 fylvania that will not own this practice in Word or 
 Deed, then would they have been a burning and a 
 mining Light to thefe poor Heathen, and a Precedent 
 to the Nations throughout the Univerfe which might 
 have brought them to have feen the Evil of it in 
 themfelves, and glorifyed the Lord on our Behalf, 
 and like the Queen of the Eaft y to have admired the 
 Glory and Beauty of the Church of God. But in- 
 ftead thereof, the tender feed in the Honeft-hearted is 
 under Suffering, to fee both Elders and Ministers as 
 it were cloathed with it, and their offspring after them 
 filling up the Meafure of their Parents Iniquity ; 
 which may be fuffered till fuch Time that Recompence 
 from Him that is juft to all his Creatures opens that 
 Eye the god of this World has blinded. Though I 
 would not be underftood to pervert the Order of the 
 Body, which confifts of Servants and Matters, and the 
 
Slavery in Maffachufetts. 81 
 
 Head cannot fay to the Foot, / have no need of thee ; 
 but it is the Converting Men s Liberty to our Wills, 
 who have not, like the Gibeonites, offered themfelves 
 willingly, or by Confent given their Ear to the Door- 
 poft, but are made fuch by Force, in that Nature that 
 defires to Lord it over their Fellow Creatures, is what 
 is to be abhorred by all Chriftians." pp. 9, 10. 
 
 Again, he fays in another place : " But in Time 
 this dark Trade creeping in amongft us to the very 
 Miniftry, becaufe of the profit by it, hath fpread over 
 others like a Leprofy, to the Grief of the Honeft- 
 hearted." Preface. 
 
 Public fentiment and opinion againft flavery were 
 firft aroufed and ftimulated in America in the latter 
 part of the feventeenth century by fympathy for the 
 Chriftian captives, Dutch and Englim, who were en- 
 flaved by the Turks and the pirates of Northern 
 Africa. Lay s "All Slave-keepers Apoftates." The 
 efforts to ranfom and releafe thefe unfortunate perfons, 
 excited by the terrible forrow of relatives and friends, 
 kinfmen and countrymen, brought home to fome 
 minds (though few) the injuftice of their own dealings 
 with the negroes. The earlieft writers againft flavery 
 urged that argument with peculiar force and unction, 
 but with little effect. They feem to have made no 
 impreflion on the legiflation of the colonies, and 
 curious and zealous refearch only can recover the 
 memorials of their righteous teftimonies. 
 
 The earlieft pofitive public challenge to flavery in 
 
 Maflachufetts of which we have any knowledge, was 
 
 in the year 1700, when a learned, pious, and honored 
 
 magiftrate entered the lifts alone, and founded his 
 
 6 
 
82 Notes on the Hiftory of 
 
 folitary blafl in the ears of his brother magiftrates and 
 the people, who liftened in amazement and wonder, 
 not unmingled with forrow and contempt. His per 
 formance is all the more remarkable from the fact 
 that it ftands out in the hiftory of the time feparate and 
 diflinct as " the voice of one crying in the wildernefs." 
 
 SAMUEL SEWALL, at that time a Judge of the 
 Superior Court, and afterwards Chief-Juftice, pub- 
 limed a brief tract in 1700, entitled : cc The Selling of 
 Jqfeph a Memorial" It filled three pages of a folio 
 meet, ending with the imprint : c< Eofton of the Maffa- 
 chujetts ; Printed by Bartholomew Green and John Allen. 
 June ztfhy 1700." 
 
 The author prefented a copy of this tract " not 
 only to each member of the General Court at the time 
 of its publication, but alfo to numerous clergymen 
 and literary gentlemen with whom he was intimate." 
 MS. Letter. Compare BriJJTot y i., 224. Although thus 
 extenfively circulated at that day, it has for many 
 years been known apparently only by tradition, as 
 nearly all the notices of it which we have feen are con 
 fined to the fact of its publication early in the eight 
 eenth century, the date being nowhere correctly ftated. 
 
 Beyond this, it appears to have been unknown to 
 our hiftorians, and is now reproduced probably for 
 the firft time in the prefent century. Indeed, we have 
 met with no quotation even from it later than 1738, 
 when it was reprinted in Pennfylvania, where anti- 
 flavery took an earlier and deeper root, and bore 
 earlier fruit, than in any other part of America. 1 
 
 1 It was reprinted as a part of Benjamin Lay s trail, " All Slave-Keepers 
 that keep the Innocent in Bondage, Apoftates . . ," in which it occupies 
 
Slavery in Majfachufetts. 83 
 
 Its rarity and peculiar interefl will juftify us in 
 placing the reprint before our readers in this con 
 nection. It is fomewhat remarkable that fo fignal a 
 teftimony againfl flavery fhould have efcaped the re- 
 fearch of thofe who have in their cuftody " the hiftoric 
 fame" of Maflachufetts. It is a moft honorable me 
 morial of its venerated author. 
 
 " THE SELLING OF JOSEPH A MEMORIAL. 
 By the Hon ble JUDGE SEWALL in New England. 
 
 " FORASMUCH as LIBERTY is in real value next unto Life ; 
 None ought to part with it themjelvcs, or deprive others of it, but 
 upon mojl mature confederation. 
 
 " The Numeroufnefs of Slaves at this Day in the Province, and the 
 Uneafinefs of them under their Slavery, hath put many upon thinking 
 whether the Foundation of it be firmly and well laid ; fo as to fuftain 
 the Vaft Weight that is built upon it. It is moft certain that all Men, 
 as they are the Sons of Adam, are Co-heirs, and have equal Right unto 
 Liberty, and all other outward Comforts of Life. GOD hath given the 
 Earth [with all its commodities] unto the Sons of Adam, PfaL, 115, 
 1 6. And hath made of one Blood all Nations of Men, for to dwell 
 on all the face of the Earth, and hath determined the Times before 
 appointed, and the bounds of their Habitation : That they Jhould 
 feek the Lord. Forafmuch then as we are the Offspring of GOD, 
 &c. Ads 17. 26, 27, 29. Now, although the Title given by the laft 
 ADAM doth infinitely better Men s Eftates, refpefting GOD and them- 
 felves ; and grants them a moft beneficial and inviolable Leafe under 
 the Broad Seal of Heaven, who were before only Tenants at Will ; 
 yet through the Indulgence of GOD to our Firft Parents after the Fall, 
 the outward Eftate of all and every of their Children, remains the 
 
 pp. 199-207 inclufive. The title of Lay s traft gives the imprint, " Phila 
 delphia, Printed for the Author, 1737 5" but it was not published until the 
 following year. See The American Weekly Mercury, No. 973, Aug. 17-24, 
 1 73 8, and following numbers ; efpeciallyNo. 982, Oft. 19-26, 1738, in which 
 is printed the repudiation of Lay and his book, by the Yearly Meeting. 
 
84 Notes on the Hiftory of 
 
 fame as to one another. So that Originally, and Naturally, there is no 
 fuch thing as Slavery. Jofeph was rightfully no more a Slave to his 
 Brethren, than they were to him ; and they had no more Authority to 
 Sell him, than they had to Slay him. And if they had nothing to do to 
 fell him ; the I/hmaelites bargaining with them, and paying down 
 Twenty pieces of Silver, could not make a Title. Neither could 
 PotipJiar have any better Intereft in him than the I/hmaelites had. 
 Gen. 37, 20, 27, 28. For he that mall in this cafe plead Alteration 
 of Property, feems to have forfeited a great part of his own claim to 
 Humanity. There is no proportion between Twenty Pieces of Silver 
 and LIBERTY. The Commodity itfelf is the Claimer. If Arabian 
 Gold be imported in any quantities, moft are afraid to meddle with it^ 
 though they might have itateafy rates ; left it mould have been wrong 
 fully taken from the Owners, it mould kindle a fire to the Confumption 
 of their whole Eft ate, Tis pity there mould be more Caution ufed in 
 buying a Horfe, or a little lifelefs duft, than there is in purchafmg 
 Men and Women : Whereas they are the Offspring of GOD, and their 
 Liberty is, 
 
 Auro pretlojior Omni. 
 
 " And feeing GOD hath faid, He that Stealetha Man, and Selleth 
 kirn, or if he be found in his Hand, hejhall furely be put to Death. 
 Exod. 21, 1 6. This Law being of Everlafting Equity, wherein Man- 
 Stealing is ranked among the moft atrocious of Capital Crimes : What 
 louder Cry can there be made of that Celebrated Warning, 
 
 Caveat Emptor! 
 
 " And all things confidered, it would conduce more to the Welfare 
 of the Province, to have White Servants for a Term of Years, than to 
 have Slaves for Life. Few can endure to hear of a Negro s being 
 made free ; and indeed they can feldom ufe their Freedom well ; yet 
 their continual afpiring after their forbidden Liberty, renders them 
 Unwilling Servants. And there is fuch a difparity in their Conditions, 
 Colour, and Hair, that they can never embody with us, & grow up in 
 orderly Families, to the Peopling of the Land ; but ftill remain in our 
 Body Politick as a kind of extravafat Blood. As many Negro Men 
 as there are among us, fo many empty Places are there in our Train 
 Bands, and the places taken up of Men that might make Hufbands for 
 our Daughters. And the Sons and Daughters of New England would 
 
Slavery in Majfachufetts. 85 
 
 become more like Jacob and Rachel, if this Slavery were thruft quite 
 out of Doors. Moreover it is too well known what Temptations 
 Matters are under, to connive at the Fornication of their Slaves ; left 
 they mould be obliged to find them Wives, or pay their Fines. It 
 feems to be practically pleaded that they might be lawlefs ; tis thought 
 much of, that the Law mould have fatisfaclion for their Thefts, and 
 other Immoralities ; by which means, Holinefs to the Lord is more 
 rarely engraven upon this fort of Servitude. It is likewife moll 
 lamentable to think, how in taking Negroes out of Africa, and felling 
 of them here, That which GOD has joined together, Men do boldly rend 
 afunder ; Men from their Country, Hulbands from their Wives, Parents 
 from their Children. How horrible is the Uncleannefs, Mortality, if 
 not Murder, that the Ships are guilty of that bring great Crouds of 
 thefe miferable Men and Women. Methinks when we are bemoaning 
 the barbarous Ufage of our Friends and Kinsfolk in Africa, it might 
 not be unreafonable to enquire whether we are not culpable in forcing 
 the Africans to become Slaves amongft ourfelves. And it may be a 
 queftion whether all the Benefit received by Negro Slaves will balance 
 the Accompt of Cam laid out upon them ; and for the Redemption 
 of our own enflaved Friends out of Africa. Befidesall the Perfons and 
 Eftates that have periihed there. 
 
 " Obj. i. Thefe Blackamores are of the Poflerity of Cham, and 
 therefore are under the Curfe of Slavery. Gen. 9, 25, 26, 27. 
 
 " Anf. Of all Offices, one would not beg this ; viz. Uncall d for, 
 to be an Executioner of the Vindictive Wrath of God ; the extent and 
 duration of which is to us uncertain. If this ever was a Commiffion ; 
 How do we know but that it is long fince out of Date ? Many have 
 found it to their Coft, that a Prophetical Denunciation of Judgment 
 againft a Perfon or People, would not warrant them to inflict that evil. 
 If it would, Hazael might juftify himfelf in all he did againft his mafter, 
 and the Israelites from 2 Kings 8, 10, 12. 
 
 " But it is poffible that by curfory reading, this Text may have 
 been miftaken. For Canaan is the Perfon Curfed three times over, 
 without the mentioning of Cham. Good Expofitors fuppofe the Curfe 
 entailed on him, and that this Prophefie was accomplifhed in the Ex 
 tirpation of the Canaanitcs, and in the Servitude of the Gibeonites. 
 
86 Notes on the Hiftory of 
 
 Vide Pareum. Whereas the Blackmores are not defcended of Canaan, 
 but of Ciifh. Pfal. 68, 31. Princes JJiall come out of Egypt [Miz- 
 raim]. Ethiopia [Cufh] Jhall foon Jiretch out her hands unto God. 
 Under which Names, all Africa may be comprehended ; and their 
 Promifed Converfion ought to be prayed for. Jer. 13, 23. Can the 
 Ethiopian change his Skin ? This mows that Black Men are the 
 Pofterity of Ciifh. Who time out of mind have been diftinguimed by 
 their Colour. And for want of the true, Ovid affigns a fabulous caufe 
 of it. 
 
 Sanguine turn credunt in corpora summa <vocato 
 JEthiopum populos nigrum traxtffe color em. 
 
 Metamorph. lib. 2. 
 
 " Obj. 2. The Nigers are brought out of a Pagan Country, 
 into places where the Gofpel is preached. 
 
 " Anf. Evil muft not be done, that good may come of it. The 
 extraordinary and comprehenfive Benefit accruing to the Church of 
 God, and to Jojeph perfonally, did not rectify his Brethren s Sale of 
 him. 
 
 " Obj. 3. The Africans have Wars one with another : Our 
 Ships bring lawful Captives taken in thofe wars. 
 
 " Anjiu. For aught is known, their Wars are much fuch as were 
 between Jacob* s Sons and their Brother jfofeph. If they be between 
 Town and Town ; Provincial or National : Every War is upon one 
 fide Unjuft. An Unlawful War can t make lawful Captives. And by 
 receiving, we are in danger to promote, and partake in their Barbarous 
 Cruelties. I am fure, if fome Gentlemen mould go down to the 
 Brewflers to take the Air, and Fish : And a ftronger Part} from Hull 
 mould furprife them, and fell them for Slaves to a Ship outward bound ; 
 they would think themfelves unjuftly dealt with ; both by Sellers and 
 Buyers. And yet tis to be feared, we have no other Kind of Title to 
 our Nigers. Therefore all things whatsoever ye would that men 
 JJiould do to you, do you even fo to them : for this is the Law and 
 the Prophets. Matt. 7, 12. 
 
 Obj. 4. Abraham had Servants bought with his Money and 
 born in his Houfe. 
 
Slavery in Majfachujetts. 87 
 
 " Anf. Until the Circumftances of Abraham s purchafe be re 
 corded, no Argument can be drawn from it. In the mean time, 
 Charity obliges us to conclude, that He knew it was lawful and good. 
 
 "It is Obfervable that the Israelites were ftriclily forbidden the 
 buying or felling one another for Slaves. Levit. 25. 39. 46. Jer. 34. 
 8-22. And GOD gaged His Bleffing in lieu of any lofs they might 
 conceit they fuffered thereby, Deut. 15. 18. And fince the partition 
 Wall is broken down, inordinate Self-love mould likewife be demolifhed. 
 GOD expects that Chriftians mould be of a more Ingenuous and benign 
 frame of Spirit. Chriftians mould carry it to all the World, as the 
 Israelites were to carry it one towards another. And for Men 
 obftinately to perfift in holding their Neighbours and Brethren under 
 the Rigor of perpetual Bondage, feems to be no proper way of gaining 
 Aflurance that God has given them Spiritual Freedom. Our Blefled 
 Saviour has altered the Meafures of the ancient Love Song, and fet it 
 to a molt Excellent New Tune, which all ought to be ambitious of 
 Learning, Matt. 5. 43. 44. John 13. 34. Thefe Ethiopians, as 
 black as they are, feeing they are the Sons and Daughters of the Firft 
 Adam, the Brethren and Sifters of the Laft ADAM, and the Offspring 
 of GOD ; They ought to be treated with a Refpecl: agreeable. 
 
 " Servitus perfe&a voluntaria, inter Chriftianum & Chriftianum, 
 ex parte fervi patientis Jape eft licita, quia eft necejfaria ; fed ex 
 parte domini agentis, & procurando & exercendo, vix poteft effe 
 licita ; quia non convenit regular illi generali : Qucecunque volueritis 
 utfadant vobis homines, ita & vosjacite eis. Matt. 7. 12. 
 
 " Perjeda Jervitus pctncz, non poteft jure locum habere, ni/i ex 
 delido gravi quod ultimum Jupplicium aliquo modo meretur : quia 
 Libertas ex naturali aftimatione proxime accedit ad vitam ipjam^ & 
 eidem a multis prczferrifolet. 
 
 " Ames. Cas. Confc. Lib. 5. Cap. 23. Thes. 2. 3." 
 
 Thus fignally and clearly did Judge Sewall expofe 
 the miferable pretences on which flavery and the flave- 
 trade were then juftified in Maflachufetts, as they con 
 tinued to be long years after he " flept with his 
 fathers." And he exhibited in his correfpondence his 
 defire that cc the wicked practice of flavery " might be 
 
88 Notes on the Hiftory of 
 
 taken away, as well as his ftrong conviction that there 
 would be " no great progrefs in Gofpellizing till 
 then." Letter to Henry Newman, Dec. Jan., 1714-15. 
 It is manifefl that he was far in advance of his day and 
 generation in thefe views, and he has himfelf left the 
 record that he met more cc frowns and hard words " 
 than fympathy ! His teftimony did not go unchal 
 lenged, nor was its publication allowed to pafs with 
 out reply. JOHN SAFFIN, a judge of the fame court 
 with Judge Sewall, and a flaveholder, printed an an- 
 fwer the next year, of which we regret to fay we 
 have been able to find no copy. Could it be found, 
 it would undoubtedly be an interefling document and 
 very important in illustration of the hiftory of flavery 
 in Maflachufetts. We might naturally expect to find 
 in it fome references to the laws, the principles, and 
 the practices of the Puritan Fathers of that colony. 1 
 
 * Since this portion of our work was firft printed, in the Hiftorical 
 Magazine for June, 1864, Sewall s tracl has been reprinted by the Mafla- 
 chufetts Hiftorical Society, from an original prefented to its Library by the 
 Hon. Robert C. Winthrop. Proc. M. H. S., 1863-64, pp. 161-5. And, 
 what is of much more importance in this connexion, a copy of Saffin s 
 anfwer has been difcovered. It is a fmall quarto, entitled " A | Brief and 
 Candid Anfwer to a late j Printed Sheet entituled | THE SELLING OF 
 JOSEPH | whereunto is annexed, j a True and Particular Narrative by 
 way of Vindication of the | Author s Dealing with and Profecution of his 
 Negro Man Servant | for his vile and exhorbitant Behaviour towards his 
 Mafter and his | Tenant, Thomas Shepard ; which hath been wrongfully 
 reprefented [ to their Prejudice and Defamation, j By JOHN SAFFIN, Efqr. : 
 Bofton: Printed in the Year 1701." The original is now in the pos- 
 feflion of GEORGE BRINLEY, Efq., of Hartford, Conn. We are indebted to 
 the refearch and fagacity of Mr. J. HAMMOND TRUMBULL, Prefident of 
 the Connecticut Hiftorical Society, for the difcovery of Saffin s traft and per- 
 mifiion to make the prefent ufe of it. Saffin s original petitions to the 
 General Court in regard to this affair, one referring to his pamphlet as in 
 print, etc., etc., are preferved in the Mafs. Archives, ix., 152, 153. 
 
Slavery in Majfachujetts. 89 
 
 The following letter from Judge Sewall, which 
 illuftrates the fubject further, was addrefled 
 
 " To the Rev d . & aged Mr. John Higginfon. 
 
 Apr. 13, 1706. 
 
 " Sir, 
 
 " I account it a great Favour of God, that I have 
 been priviledged with the Acquaintance and Friend- 
 fhip of many of the Firft Planters in New England : 
 and the Friendfhip of your felf, as fuch, has particu 
 larly oblig d me. // is now near Six years agoe since I 
 printed a Sheet in defence of Liberty. The next year 
 after, Mr. Saffin Jet forth a -printed Anjwer. I forbore 
 troubling the Province with any Reply, untill I Jaw a 
 very Severe Aft pajfling againft Indians and Negros, and 
 then I Reprinted that Queftion, as I found it ftated and 
 anjwered in the Athenian Oracle ; which I knew nothing 
 of before laft Autumn was twelve moneths, when I acci 
 dentally cafl my Eye upon it. Amidft the Frowns and 
 hard Words I have met with for this Undertaking, it is 
 no Jmall refrejhment to me, that I have the Learned, 
 Reverend &? Aged Mr. Higginfon for my Abetter. By 
 the interpojition of this Br eft-Work, I hope to carry on and 
 manage this Enterprife with Safety and Succejs. I have 
 inclofed the Prints. I could be glad of your Anfwer 
 to one Cafe much in agitation among us at this day : 
 viz., Whether it be not for the Honor of G. and of 
 N. E. to referve entire and untouch d the Indian 
 Plantation of Natick, and other Lands under the 
 fame Circumftances ? that the lying of those Lands 
 unoccupied and undefired by the Englifh, may be a 
 valid and Lafting Evidence, that we defire the Con- 
 
 | UNIVERSITY 
 
 v 
 
90 Notes on the Hiftory of 
 
 verfion and Wellfare of the Natives, and would by no 
 means Extirpat them, as the Spaniards did ? There 
 is one thing more I would mention, and that is, I am 
 verily perswaded that the Set time for the Drying up 
 of the Apocalyptical Euphrates, is very nigh 5 if not 
 come : and I earneftly befpeak the Afliftance of your 
 Prayers in that momentous Concern : w ch I do with 
 the more Confidence, becaufe you were Lifted in that 
 Service above fifty years ago. Pray, Sir ! Come 
 afrefh into the Confederation. Let me alfo entreat 
 your Prayers for me, and my family, that the BlerTmg 
 of G. may reft upon the head of every one in it by 
 reafon of the good will of Him who dwell d in the 
 Bum. My fervice to Madam Higginfon. I am, Sir, 
 
 cc Your humble Serv*. 
 
 CC C C " 
 
 O. i^-. 
 
 We are unable to give any account of the Act 
 againft Indians and Negroes, whofe feverity induced 
 Sewall to renew his efforts in their behalf. Thefe 
 efforts were probably fuccefsful, as none appears to 
 have been pafTed into a law at all anfwering to his 
 defcription in its provifions, and in point of time ; or 
 if paffed, it muft have been fpeedily repealed. If the 
 Act referred to mould be found, it might furnifh a 
 ftriking illuftration of the views of the time concern 
 ing the ftatus of thefe unhappy races of men. 
 
 We mall therefore re-produce here "that Ques 
 tion" as cc ftated and anfwered in the Athenian Oracle," 
 which Sewall ufed to fo good purpofe in defending the 
 rights of Indians and Negroes againft the hoftile legis 
 lation of MafTachufetts, in the early years of the 
 eighteenth century. 
 
Slavery in Maffachufetts. 91 
 
 From the Athenian Oracle, Vol. n., pp. 460-63. 
 
 " Q" We read in Gen. 17. 12: And he that is eight days old 
 {hall be Circumcifed among you, every Man-child in their Generation. 
 He that is born in the Houfe, or bought with Money of any Stranger 
 that is not of thy Seed. This was God s Covenant with Abraham, 
 and in him with all the Jews ; which Covenant by Chri/Ps coming 
 into the World, being aboli/hed, and the Covenant of Baptifm infti- 
 tuted in its Jlead ; The Queftion is, Whether thofe Merchants and 
 Planters in the Weft Indies, as well all other parts of the World, 
 that buy Negroes, or other Heathen Servants or Slaves, are not in- 
 difpenfably bound to bring fuch Servants to be Baptized, as well as 
 Abraham was to Circumcife his Stranger Servants ? Confequently, 
 whafs to be thought of thofe Chriftian Mqflers, who refufe to let 
 fuch Servants be baptized ; becaufe if they were, they wou d have 
 their freedom at a certain term of Years allowed by the Laws of the 
 fever al Plantations ? 
 
 " A. We have met with this Queftion before, though to comply 
 with the Gentleman s defire, we ll here give it a larger Anfwer ; tho* 
 in the firft Place, we muft obferve a falfe fuppofition in the wording of 
 it. That God s Covenant with Abraham was aboliihedby the Covenant 
 he made with us by our Saviour, and confequently they are two 
 different Covenants ; whereas they were rather the fame Covenant, 
 with two different Seals ; we fay the Covenant God made with Abra 
 ham, was not a Covenant of Works, but of Faith, as well as that he 
 makes by Chrift with all Believers ; nay, was the very fame with it, 
 Chrift being promifed in God s Covenant with Abraham, when twas 
 faid, That in his feed Jliould all the Nations of the Earth be blejfed ; 
 which is interpreted of Chrift by the infpired Writers ; and this is 
 further evident from the Apoftles way of Arguing, Rom. 4. n. 13. 
 He received the Sign of Circumcifion, a Seal of the Righteoufnefs 
 of the Faith, which he had yet being uncircumcifed, that he might be 
 Father of all them that believe, though they be not Circumcifed ; 
 for the Promife that hejhould be the Heir of the World, was not to 
 Abraham, or to his feed through the Law ; but through Faith, etc. 
 
 " Now to the Queftion. If Abraham was oblig d to Circumcife 
 all that were born of his Houfe, and that were bought with money of 
 
92 Notes on the Hiftory of 
 
 the Stranger (the Samaritan Verfion has it <T3?*i5 Barbarak, whence 
 Bap/fopos a Barbarian, names that all Nations have ever fmce flung at 
 one another, and the Hebrews as often call d by it among the Greeks 
 as any. If he was to do this, ought not all Chriftians by Parity of 
 Reafon to do the like by their Slaves and Servants ? We anfwer, 
 Yes, and much more, as the Go/pel is now more clearly revealed than 
 twas to Abraham, who indeed faw Chrift, and rejoic d, but twas in 
 darker Types and Prophecies. But in order to a more full fatisfac- 
 tion of this Difficulty, it may be further convenient to enquire; whe 
 ther Negro s Children are to be Baptized, and for grown Perfons what 
 Preparation is required of em ? To the firil, a great Man of our 
 Church was of an opinion, That a Negro s Child ought to be baptiz d, 
 as well as any others ; the Promife reaching To all that were afar off] 
 as well as to Believers and their Children, and in this cafe, the right 
 of the child is in the Mafter,[i] not the Slave ; and if Chrift dy d for 
 all, why mould not the Vertues of his Death be apply d to all ; who do 
 nothing to refift it, for the warning away their Original Pravity? 
 Again, as we argue in the cafe of Infant Baptifm. If Infants were in 
 the Covenant before Chrift, how come they fmce to be excluded ? So 
 we may here, and perhaps more generally ; If all Infants, born in 
 Abraham s houfe, or bought with Money of the Stranger or Barbarian 
 (who often fold their own Children then, as they do now) if they were 
 then to have the Seal of the Covenant, how have they fmce forfeited 
 it r Why mayn t they be capable of a nobler Seal, tis true, but yet of 
 the fame Covenant made with all Mankind by Chrift, that promif d 
 Seed, in whom, as before, all Nations mould be blefled, and the breach 
 repaired that was made in Adam ; as was, we are fure, the exprefs 
 opinion of St. Jerom, who in his difputation with the Pelagian, 
 Ep. 17, has remarkable Expreffions. Why are Infants Baptized, 
 fays the Pelagian ? The Orthodox anfwers, That in Baptifm their 
 
 [ l At a meeting of the General Aflbciation of the Colony of ConneH- 
 cut, 1738, " It was inquired whether the infant flaves of Chriftian matters 
 may be baptized in the right of their mafters they folemnly promifing to 
 train them in the nurture and admonition of the Lord : and whether it is the 
 duty of fuch mafters to offer fuch children and thus religioufly to promife. 
 Both queftions were affirmatively anfwered. Records as reported by Re<v. 
 C. Chapin, D. D., quoted in Joneses Religious Injlruftion of the Negroes, etc. y 
 
 A 34-] 
 
Slavery in Majfachujetts. 93 
 
 Sins may be remitted. The Pelagian replies, Where did they ever 
 fin ? The Orthodox rejoyns, that S. Paul ihall anfwer for him, who 
 fays in the fifth of the Rom., Death reign d from Adam to Mofes, 
 even over thofe who had notjihrtd, according to the Jimilitude of 
 Adam s Tranfgreffion. And he quotes St. Cyprian in the fame place, 
 both to his and our Purpofe, That if Remiffion of Sins is given even 
 to greater and more notorious Sinners, and none is Excepted from 
 Grace, none prohibited from Baptifm, much lefs ought an Infant to 
 be deny d Baptifm, who has no Sin of his own, but only that of his 
 Father Adam to anfwer for. This for Children, and there s yet lefs 
 doubt of thofe who are of Age to anfwer for themfelves, and would 
 foon learn the Principles of our Faith, and might be taught the Obliga 
 tion of the Vow they made in Baptifm, as there s little doubt but Abra 
 ham inftrufted his Heathen Servants, who were of Age to learn, in 
 the Nature of Circumci/ion, before he Circumcif d them ; nor can we 
 conclude much lefs from God s own noble Teftimony of him, Gen. 18. 
 19. / know him, that he will command his Children and his 
 Houfehold, and theyfhall keep the way of the Lord. 
 
 " What then mould hinder but thefe be Baptized ? If only the 
 Covetoufnefs of their Matters, who for fear of lofmg their Bodies, will 
 venture their Souls ; which of the two are we to efteem the greater 
 Heathens ? Now that this is notorious Matter of Facl, that they are 
 fo far from perfuading thofe poor Creatures to Come to Baptifm, 
 that they difcourage them from it, and rather hinder them as much as 
 poffible, though many of the wretches, as we have been informed, 
 earneftly defire it ; this we believe, none that are concern d in the 
 Plantations, if they are ingenuous, will deny, but own they don t at all 
 care to have them Baptized. ^Talk to a Planter of the Soul of a 
 Negro, and he ll be apt to tell ye (or at leaft his Actions fpeak it 
 loudly) that the Body of one of them may be worth twenty Pounds ; 
 but the Souls of an hundred of them would not yield him one 
 Farthing ; and therefore he s not at all felicitous about them, though 
 the true Reafon is indeed, becaufe of that Cuftom of giving them their 
 Freedom after turning Chriftians, which we know not if it be Reafon- 
 able ; we are fure the Father of the Faithful did not fo by thofe Ser 
 vants whom he had Circumcifed. Tis no where required in Scripture. 
 St. Paul indeed bids Matters not be cruel and unreafonable to their 
 Slaves, efpecially if Brethren or Chriftians ; but he no where bids them 
 
94 Notes on the Hiftory of 
 
 give em their Liberty, nor do s Chriftianity alter any Civil Right ; nor 
 do s the fame Apoftle, in all his excellent Plea for Onejimus, once tell 
 his Mafter tis his Duty to fet him Free. ; all he defires is, he d again 
 receive and forgive him ; nay, he tells Servants, tis their Duty, in 
 whatever ftate they are call d therein to abide ; befides, fome Perfons, 
 nay, Nations feem to be born for Slaves ; particularly many of the 
 Barbarians in Africa, who have been fuch almoft from the beginning 
 of the World, and who are in a much better Condition of Life, when 
 Slaves among us, then when at Liberty at Home, to cut Throats and 
 Eat one another, efpecially when by the Slavery of their Bodies, they 
 are brought to a Capacity of Freeing their Souls from a much more 
 unfupportable Bondage. Though in the mean time, if there be fuch a 
 Law or Cuftom for their Freedom, to encourage em to Chriftianity, be 
 it reafonable or otherwife, this is certain, that none can excufe thofe 
 who for that Reafon mould any way hinder or difcourage em from 
 being Chriftians ; fome of whofe excufes are almoft too fhameful to 
 repeat, fince they feem to reflecl: on the Chriftian Religion, as if that 
 made Men more untradtable and ungovernable, than when bred in 
 Ignorance and Heathenifm, which muft proceed from the Perverfenefs 
 of fome Tempers, as before, fitter for Slaves than Freedom ; or for 
 want of good Inftrudlion, when they have nothing but the name of 
 Chriftianity, without underftanding any thing of the Obligation thereof; 
 or Laftly, From the bad Examples of their Mafter s themfelves, who 
 live fuch lives as often fcandalize thefe honefter Heathens." 
 
 We fhall force no inferences from this document 
 as to the character of the legiflation againft which it 
 was diredted. It is an argument for the "right to 
 Religion/ in that day fo univerfally denied, in prac 
 tice at leaft, to enflaved Indians and Negroes, and 
 their offspring, that it would be flrange, if true, that 
 Maffachufetts furnilhed any but occafional exceptions 
 to the prevailing rule. 1 
 
 1 " Slaves were admitted to be church members at a period when church 
 members had peculiar political privileges." Quincfs Reports, 30, note. This 
 is Mr. Justice Gray s ftatement on the following authorities : 
 
Slavery in Maffachujetts. 95 
 
 We have previoufly noticed Sewall s " effay " to 
 prevent Indians and Negroes being rated with brutes 
 in the tax-laws, in the year 1716. Three years later, 
 a new occafion prefented itfelf for the renewal of his 
 efforts in behalf of the oppreffed. A mafter had killed 
 his negro flave, and was about to anfwer for the offence 
 before the Court. One of the judges feems to have 
 defired the aid and counfel of the Chief Juftice in his 
 
 1. Wlnthrop^s Journal, n., 26, and Savage s note. " Mo. 2. 13. [1641]. 
 A negro maid, fervant to Mr. Stoughton of Dorchefter, being well approved 
 by divers years experience, for found knowledge and true godlinefs, was 
 received into the church and baptized." Mr. Savage s note is, " Similar 
 inftances have been common enough ever fince." 
 
 2. Ancient Charters, 117. " To the end the body of the freemen may 
 be preferred of honeft and good men : It is ordered, that henceforth no 
 man (hall be admitted to the freedom of this Commonwealth, but fuch as 
 are members of fome of the churches within the limits of this jurifdiftion." 
 
 3. Bancroft s Hiftory U. S. t I., 360. " The fervant, the bondman, might 
 be a member of the church, and therefore a freeman of the Company." 
 
 Notwithftanding this array of authority, we muft fuggeft our doubts, 
 i ft. Whether the notice itfelf by Winthrop is not a palpable evidence of 
 the extraordinary and exceptional charafter of the incident that a negro 
 maid-fervant mould be baptized and received into the church ? Mr. Savage s 
 remark cannot be regarded as authority, not being fuftained by references 
 to any fimilar inftances. 2d. Whether a fingle inftance has ever been found 
 or is known in the hiftory of Maflachufetts, during the period referred to, 
 in which a fervant or bondman, black or white, actually became a freeman 
 of the Company ? 
 
 Mr. Palfrey indulges in fome pleafing fpeculations on this topic. " A 
 negro flave might be a member of the church, and this faft prefents a curi 
 ous queftion. As a church-member, he was eligible to the political fran- 
 chife ; and if he (hould be aftually invefted with it, he would have a part in 
 making laws to govern his mafter, laws with which his mafter, if a non- 
 communicant, would have had no concern, except to obey them." Touch- 
 ftone wifely faid there was " much virtue in If," and Dr. South has a 
 maxim that " we are not to build certain rules on the contingency of human 
 a6Hons." Whether the hiftorian recalled either " inftance," we cannot fay 5 
 but here he evidently recognized the impropriety of conftrufting hiftory on 
 a frame of conje&ural contingencies, and frankly admitted at the end of his 
 
96 Notes on the Hiftory of 
 
 preparations for the cafe, and Sewall s Letter-Book 
 preferves the following memoranda of what he com 
 municated. 
 
 " The poorer! Boys and Girls in this Province, 
 fuch as are of the loweft Condition ; whether they be 
 Englim, or Indians, or Ethiopians : They have the 
 fame Right to Religion and Life, that the Richer! 
 Heirs have. 
 
 cc And they who go about to deprive them of this 
 Right, they attempt the bombarding of HEAVEN, 
 and the Shells they throw, will fall down upon their own 
 heads. 
 
 cc Mr. Juftice Davenport, Sir, upon your defire, 
 I have fent you thefe ghiotations, and my own Senti- 
 
 note, " it is improbable that the Court would have made a flave while a 
 flave a member of the Company, though he were a communicant." His 
 tory of N emu England, n., 30, note. As to baptifm of flaves in Maflachufetts, 
 fee ante, pp. 58-59. Compare Nurd s Lanv of Freedom and Bondage, Fol.i., 
 pp. 165, 210, 358. The famous French Code Noir of 1685 obliged every 
 planter to have his Negroes baptized, and properly inftrufted in the doc 
 trines and duties of Chriftianity. Nor was this the only important and hu 
 mane provifion of that celebrated ftatute, to which we may feek in vain for 
 any parallel in Britifh Colonial legiflation. Its influence was felt in Eng 
 land, and may have given rife to thofe humane inftruclions, one of which 
 we have already quoted (p. 52). Another required his Majefty s Governors 
 " with the afliftance of our Council to find out the beft means to facilitate 
 and encourage the Converfion of Negros and Indians to the Chriftian 
 Religion." N. T. Col. Doc., in., 374. Evelyn, in his Diary, gives an inter- 
 efting account of the determination of the King, James II., on this point- 
 At Winchefter, 16 September, 1685, he fays, "I may not forget a refolu 
 tion which his Majefty made, and had a little before entered upon it at the 
 Council Board at Windfor or Whitehall, that the negroes in the Planta 
 tions mould all be baptized, exceedingly declaiming againft the impiety of 
 their mafters prohibiting it, out of a miftaken opinion that they would be 
 ipfo fatfo free ; but his Majefty perfifts in his refolution to have them chris 
 tened, which piety the Bifhop bleflfed him for." Works, II., 245. This was 
 good Bifhop Ken, the Chriftian Pfalmift. 
 
Slavery in Majfachufetts. 97 
 
 ments. I pray GOD, the Giver and Guardian of 
 Life, to give his gracious Direction to you, and the 
 other Juftices ; and take leave, who am your brother 
 and moft humble fervant, 
 
 cc Samuel Sewall. 
 
 " Bofton, July 20, 1719. 
 
 " I inclofed alfo the Selling of Jqfeph, and my Ex 
 tract out of the Athenian Oracle. 
 
 " To Addington Davenport, Efqr., etc., going to Judge Sam 1 . Smith 
 of Sandwich, for killing his Negro." 
 
 That fuch arguments were neceflary, or even re 
 garded as appropriate on fuch an occafion, is a fact full 
 of meaning. We have previoufly intimated a doubt 
 whether the flave could claim any right or privilege 
 of protection under the laws which were known as the 
 <c Liberties of Servants ; " and in connection with the 
 inftructions to Andros in 1688, we have called the at 
 tention of the reader to the diftinction between the 
 Chriftian fervants or (laves and the Indians and Negroes. 
 The former were to be protected againft the inhuman 
 feverity of ill-mafters or overfeers, while the latter 
 were to be fo far advanced in the fcale of humanity, 
 that the " wilful killing " of them mould " be punifhed 
 with death, and a fitt penalty impofed for the maiming 
 of them." 
 
 We cannot, however, at prefent attempt to deter 
 mine what were the actual legal restraints upon the 
 power of a matter over his flave, in MafTachufetts. 
 We do not know that the materials for fuch a deter- 
 7 
 
98 Notes on the Hiftory of 
 
 mination exift anywhere fave in fuch records as remain 
 of thofe ancient tribunals of the Colony and Province 
 by which alone the rights of perfons and of property 
 were then, as now, judicially afcertained and regulated 
 There are abundant modern ftatements of opinion on 
 thefe points, but we cannot recall a {ingle inftance in 
 which thefe ftatements are fortified by good and fuffi- 
 cient testimony from the ancient and contemporary 
 records or authorities ; and we cannot doubt that the 
 reader of thefe notes will fympathize in our defire to 
 reft on fads rather than opinions. For example, in 
 the particular cafe above referred to, the awful 
 folemnity with which the Chief Juftice communicates 
 his charge to his brother magiftrate when about to 
 "judge" a mafter for "killing his Negro," gives 
 peculiar intereft to the refult ; and it is greatly to be 
 regretted that the record of the trial, conviction, and 
 punimment of fuch an offender mould be concealed 
 among the neglected rubbim of any MafTachufetts 
 Court-Houfe, If Samuel Smith of Sandwich was 
 hung for the murder of his {lave in Maflachufetts in 
 the year 1719, it is due to the hiftoric fame of the 
 Province that the world mould know it ! 
 
 We are perfectly aware that the opinion has pre 
 vailed that the negro or mulatto or Indian {lave in 
 Maflachufetts, " always had many rights which raifed 
 him far above the abfolute {lave." Thefe are nowhere 
 more favorably ftated than by Nathan Dane, in his 
 great work on ^American Law. Abridgment, n., 313. 
 He confiders the fubject in eight points of view : 
 
 cc 
 
 i. The mafter has no control over the religion 
 
Slavery in Maffachujetts. 99 
 
 of fuch flave, any more than over the religion of any 
 other member of his family ; 
 
 " 2. None over his life ; if he killed him, he was 
 punifhable as for killing a freeman ; 
 
 " 3. The mafter was liable to his flave s action, for 
 beating, wounding or immoderately chaftifing him, as 
 much as for immoderately correcting an apprentice, or 
 a child; 
 
 " 4. The flave was capable of holding property, as 
 a devifee or legatee, and as recovered for wounds, etc., 
 fo much fo, if the mafter took away fuch property, his 
 flave could fue him by prochein ame ; 
 
 " 5. If one took him from his mafter without his 
 confent, he could not have trover, but only fue, as for 
 taking away his other fervant ; on the whole the flave 
 had the right of property and of life, as apprentices 
 had, and the only difference was an apprentice is a 
 fervant for time, and the flave is a fervant for life/ 
 In Connecticut, the flave was, by ftatute, fpecially for 
 bidden to contract ; no fuch ftatute is recollected in 
 Maflachufetts ; 
 
 " 6. If a flave married a free woman, with the con 
 fent of his mafter, he was emancipated, for his mafter 
 had fuffered him to contract a relation inconfiftent 
 with a ftate of flavery ; c hereby the mafter abandoned 
 his right to him as a flave, as a minor child is emanci 
 pated from his father when he is married/ Ld. Ray 
 mond, 356; 
 
 " 7. A flave however could be fold, and in fome 
 ftates be taken in execution for his matter s debts ; but 
 no evidence is found of fuch taking in execution in 
 Maflachufetts ; 
 
ioo Notes on the Hiftory of 
 
 cc 8. On the principles of the Englifli Common 
 Law, men may be made Jlaves for life for crimes, and 
 fo clearly, by our prefent law. Property in a negro 
 [was] acquired without deed, i Dal., 169." 
 
 Now, if all thefe points had been well taken and 
 could be fortified by the neceflary amount of hiftorical 
 teftimony, they would unqueftionably make a very 
 good cafe. But unhappily they are mainly theoretical 
 ftatements derived from abftract reafoning on general 
 principles, of which no fuch applications were thought 
 of in the period to which they are afligned. Yet the 
 formality with which they are ftated, and the dignified 
 place they hold in a book of great authority, give 
 them an importance beyond the conjectures which are 
 generally ventured as to how far the lot of the flave 
 was mitigated in Maflachufetts. 
 
 Mr. Dane copied them with but flight alterations, 
 chiefly in favor of Maflachufetts, from the treatife of 
 Judge Reeve on " Dome/lie Relations" pp. 340-41, 
 published in 1816. There is no reference to the 
 ftatutes, nor to any judicial decifions on any point, 
 excepting as here quoted, either in original or copy. 
 
 Shall we be accounted prefumptuous, if we add a 
 few comments as well as a reference to the facts already 
 prefented, which muft throw great doubts over the 
 whole array of rights thus claimed as having been ac 
 corded to flaves in Maflachufetts ? 
 
 The right to religion and life was not clearly 
 recognized as belonging equally to bond-flave and free 
 man. Mr. Dane altered Judge Reeve s flatement of 
 the latter point. Judge Reeve faid, cc if he killed him, 
 
Slavery in Majfachufetts. 101 
 
 he was liable to the fame punifhment as for killing a free 
 man." The alteration indicates the nature of the 
 doubt which may have arifen in the mind of Mr. 
 Dane when he wrote it, " he was punifhable as for kill 
 ing a freeman." No doubt he was punifhable. The 
 incident which we have prefented of the mafter called 
 to anfwer before the Court for the fact of killing his 
 negro fhows this. So too, in the firft Maflachufetts 
 Code, even " the Bruite Creature " is protected againft 
 " Tirrany and Crueltie " by the very next ftatute after 
 that which eftablifhes flavery a fignificant fequence ! 
 Here let it be remembered that the original law of 
 flavery in Maflachufetts gave to flaves " all the liber 
 ties and Chriftian ufages which the law of God, eftab- 
 lifhed in Ifrael concerning fuch perfons, doth morally 
 require." Now the Mosaic Law here recognized and 
 reenacted did not protect the life of a heathen flave 
 againft his mafter s violence, by the penalty of " life 
 for life," and although fuch violence might be 
 punifhed, the kind and degree of punifhment is not 
 now to be afcertained. Exodus, xxi., 20, 21. And there 
 is a marked diftinction to be obferved in regard to the 
 Hebrew, though a flave, who is favorably compared 
 with the hired fervant and fojourner in contraft with 
 the bondman. Leviticus, xxv., 39, 40. To what 
 extent the " rigor " of heathen bondage among the 
 Jews was foftened into " liberties and Chriftian ufages" 
 among the Puritans is a queftion of fact and not of 
 opinion. What was morally required by the law of 
 God eftablifhed in Ifrael, in this as in all fimilar 
 bufinefs, was a matter referved for their own decifion, 
 in their own General Court and other tribunals. And 
 
IO2 Notes on the Hiftory of 
 
 this general provifion in the original law feems to have 
 been the only one to which the (lave could appeal, or 
 more properly by which the conduct of the matter 
 could be regulated, in the government and difpofition 
 of his chattel. It is certain that moft of the fpecial pro- 
 vifions of the law refpeding matters and fervants had 
 no application to flaves, and we have already expreffed 
 the doubt whether flaves enjoyed any of the privileges 
 of fervants under that law. 
 
 Where is the evidence that Indians and Negroes 
 in bondage were entitled to protection as other fervants ? 
 and that the mailer was liable to his flave s action for 
 beating, wounding, or immoderately chattifmg, etc. ? 
 It is far more probable that the condition of the 
 fervant was practically affimilated to that of the Have, 
 than that the flave fliared any of the privileges accorded 
 by ftatute to the fervant. It would add much to our 
 knowledge on this fubjed, if the examples mould be 
 adduced to mow at what period in the hittory of 
 MafTachufetts the Indian and negro flave Jirfl acquired 
 a flatus in Court as a profecutor, or in any other 
 capacity than as a criminal at the bar, before which he 
 was often enough called to anfwer under the unjufl 
 and unequal legiflation of that period. If it was at 
 any time before the American Revolution how came 
 it to pafs that, in 1783, a fine of forty millings againfl 
 a matter for C beating, bruifing, and otherwife evilly 
 intreating " his negro-flave, gave cc a mortal wound 
 to flavery in Maflachufetts ?" And further, if a flave 
 could recover againft his matter damages for cruelty, 
 why was it neceflary to refort to the fuit " by prochein 
 ame " to enable him to keep his recovery ? 
 
Slavery in Majfachufetts. 103 
 
 Again, where is the evidence that flaves were 
 capable of holding property, etc., beyond the occa- 
 (lonal and exceptional permiflion to enjoy fome privi 
 leges as a peculium, with the profits of which they 
 might in fome cafes be enabled even to purchafe their 
 manumiflion ? Could flaves take and hold real eftate 
 in Maflachuietts ? " No fervant, either man or 
 maid," was permitted " to give, fell or truck any 
 commodity whatfoever without licenfe from their 
 Matters, during the time of their fervice, under pain 
 of fine, or corporal punifhment, at the difcretion of 
 the Court, as the offence mall deferve." Mafs. Laws, 
 Ed. 1672, p. 104. Is it probable that a flave was on 
 any better footing in this refpect than a white ferv 
 ant? 
 
 As to the form of action by which a mailer mould 
 fue for the unlawful taking of his flave without his 
 confent the only examples of fuch fuits in Mafla 
 chufetts to which we are able to refer, contradict the 
 opinion that he could not have trover, but muft fue 
 in trefpafs per quod Jervitium amifit. Goodfpeed v. Gay, 
 Mafs. Sup, Court Records, 1763, foL 47, 101. Allifon v. 
 Cockran, Ibid. 1764, foL 103. The right to maintain 
 trover for a negro was a matter of courfe in Mafla 
 chufetts, for there can be no queflion as to the fact 
 that he might be held and fold as a chattel under the 
 laws of that Colony and Province, and trover lies by 
 any one who has any fpecial property in a chattel, 
 with the right to immediate pofleflion. Compare Gray, 
 in Quincys Reports, 93, note, where all the authorities 
 are cited. 
 
 The marriage of flaves in Maflachufetts has already 
 
IO4 Notes on the Hiftory of 
 
 been noticed, and it is obvious that the legiflators 
 of Maflachufetts never intended that fuch marriages 
 fhould confer any rights or impofe any duties which 
 were incompatible with the ftate of flavery ; and it 
 may fafely be alleged that no inftance can be produced 
 of the emancipation of a flave as a legal confequence 
 of marriage with a free woman. 1 
 
 The candor of the admiflion "that a flave how 
 ever could be fold, and in fome ftates be taken in 
 execution for his matter s debts," is unhappily quali 
 fied by the aflertion that cc no evidence is found of 
 fuch taking in execution in Maflachufetts." The 
 only reafon it was not found was, that it was not 
 hunted ; for the failure to find it muft have been 
 either from want of difpofition or lack of dili 
 gence. 
 
 But we have faid enough on thefe topics to put 
 thofe who are mofl interefted upon inquiry. Thofe 
 who are familiar with fuch refearches and have oppor 
 tunities of eafy reference to the records and files of the 
 Courts in Maflachufetts during the period of which 
 we are writing, can probably collate a fufficient number 
 of examples to fettle all thefe queftions by authority. 
 They will undoubtedly illuftrate the gradual ameliora 
 tion of all the various forms of oppreflion, but thefe 
 changes muft be held to mark the era of their hiftorical 
 development. If they prove that the doubts we have 
 
 1 We have been unable to verify the reference to " Lord Raymond, 
 356," as to the analogous emancipation of a minor child "from his father 
 when he is married " but we have high authority for the ftatement that the 
 laws of Maflachufetts know of no fuch emancipation. 15 Mafs. Reports^ 
 203. 
 
Slavery in Majfachufetts. 105 
 
 fuggefted are not well founded, we fliall be moft grati 
 fied with the refult. 
 
 The ultimate theory of flavery in all ages and na 
 tions has been reduced to a very brief and compre- 
 henfive ftatement. Dr. Maine, in his admirable trea- 
 tife on Ancient Law, fays that " the fimple wifli to 
 ufe the bodily powers of another perfon as a means 
 of miniftering to one s own eafe or pleafure is doubt- 
 lefs the foundation of flavery and as old as human 
 nature." And again, " there feems to be fomething 
 in the inftitution of flavery which has at all times 
 either {hocked or perplexed mankind, however little 
 habituated to reflection, and however flightly advanced 
 in the cultivation of its moral inftincts." To fatisfy 
 the confcience of the mafter, the Greeks eftabliflied 
 the idea of intellectual inferiority of certain races and 
 confequent natural aptitude for the fervile condition. 
 The Romans declared the doctrine of a fuppofed agree 
 ment between victor and vanquifhed, in which the firft 
 flipulated for the perpetual fervices of his foe, and the 
 other gained in confideration the life which he had 
 legitimately forfeited. Compare Maine, 16266. 
 
 The Puritans of New England appear to have been 
 neither fliocked nor perplexed with the inflitution, for 
 which they made ample provifion in their earlieft code. 
 They were familiar with the Greek and Roman ideas 
 on the fubject, and added the conviction that flavery 
 was eftabliflied by the law of God, and that Chris 
 tianity always recognized it as the antecedent Mofaic 
 practice. On thefe foundations, is it ftrange that it 
 held its place fo long in the history of Maflachu- 
 fetts ? 
 
io6 Notes on the Hiftory of 
 
 It has been said that the firft ftep towards the 
 deftrudion of flavery was the reftraint or prohibition 
 of the importation of flaves. But it would be abfurd 
 to regard laws for this purpofe as an expreffion of 
 humane confideration for the negroes. Graham, in 
 his hiftory, characterizes fuch a view of the moft 
 ftringent one ever made in any of the Colonies, as an 
 "impudent abfurdity." Hift. U. , iv., 78. We 
 have already noticed the Maflachufetts ads of 1705, 
 with the additional ads of 1728 and 1739, imposing 
 and enforcing the collection of an import duty of four 
 pounds per head upon all negroes brought into the 
 Province. 
 
 There is no indication in the ads themfelves, nor 
 have we been able to find any evidence, that they were 
 intended other than as revenue ads, beyond that which 
 we have prefented in thefe notes. 
 
 We have heretofore quoted the inftrudion of the 
 town of Bofton in 1701. It is not improbable that it 
 was the refult of Judge SewalFs efforts in 1700. 
 Fruitlefs as it was, it mows that even then fome were 
 wife enough to fee that the importation of negroes was 
 not fo beneficial to the Crown or Country as that of 
 white fervants would be. In 1706, an eflay or " Com 
 putation that the Importation of Negroes is not Jo profit 
 able as that of White Servants " was published in Bofton, 
 which may properly be reproduced here. It was the 
 firft newfpaper article againft the importation of 
 negroes publifhed in America, and appeared in the 
 Bofton News-Letter, No. 112, June 10, 1706. We 
 are inclined to attribute this article alfo to Judge 
 Sewall. 
 
Slavery in Maffachufetts. 107 
 
 " By laft Year s Bill of Mortality for the Town of Bqfton, in 
 Number 100 News-Letter ^Q. are furnifhed with a Lift of 44 Negroes 
 dead laft year, which being computed one with another at 3O/. per 
 Head, amounts to the Sum of One Thoufand three hundred and 
 Twenty Pounds, of which we would make this Remark : That the Im 
 porting of Negroes into this or the Neighboring Provinces is not fo 
 beneficial either to the Crown or Country, as White Servants would be. 
 
 " For Negroes do not carry Arms to defend the Country as 
 Whites do. 
 
 " Negroes are generally Eye-Servants, great Thieves, much 
 addifted to Stealing, Lying and Purloining. 
 
 " They do not People our Country as Whites would do whereby 
 we mould be ftrengthened againft an Enemy. 
 
 " By Encouraging the Importing of White Men Servants, allowing 
 fomewhat to the Importer, moil Hufbandmen in the Country might be 
 furnifhed with Servants for 8, 9, or io/. a Head, who are not able to 
 launch out 40 or 5o/. for a Negro the now common Price. 
 
 " A Man then might buy a White Man Servant we fuppofe for io/. 
 to ferve 4 years, and Boys for the fame price to Serve 6, 8, or io 
 years; If a White Servant die, the Lofs exceeds not io/. but if a Negro 
 dies, tis a very great lofs to the Hufbandman ; Three years Intereft 
 of the price of the Negro, will near upon if not altogether purchafe a 
 White Man Servant. 
 
 " If Neceffity call for it, that the Hufbandman muft fit out a Man 
 againft the Enemy j if he has a Negro he cannot fend him, but if he 
 has a White Servant, twill anfwer the end, and perhaps save his Son at 
 home. 
 
 " Were Merchants and Mafters Encouraged as already faid to bring 
 in Men Servants, there needed not be fuch Complaint againft Superiors 
 Impreffing our Children to the War, there would then be Men enough 
 to be had without Impreffing. 
 
 "The bringing in of fuch Servants would much enrich this Province 
 becaufe Hufbandmen would not only be able far better to manure 
 what Lands are already under Improvement, but would alfo improve a 
 great deal more that now lyes wafte under Woods, and enable this 
 Province to fet about railing of Naval Stores, which would be greatly 
 advantageous to the Crown of England, and this Province. 
 
 " For the raifmg of Hemp here, fo as to make Sail-cloth and 
 
io8 Notes on the Hiftory of 
 
 Cordage to furnifh but our own fhipping, would hinder the Importing 
 it, and fave a confiderable fum in a year to make Returns for which we 
 now do, and in time might be capacitated to furniih England not only 
 with Sail-cloth and Cordage, but likewife with Pitch, Tar, Hemp, and 
 other Stores which they are now obliged to purchafe in Foreign Na 
 tions. 
 
 " Suppofe the Government here mould allow Forty Shillings per- 
 head for five years, to fuch as fhould Import every of thefe years 
 100 White Men Servants, and each to ferve 4 years, the coft would be 
 but 2OO/. a year, and a looo/. for the 5 years. The firft 100 Servants, 
 being free the 4th year they ferve the 5th for Wages, and the 6th 
 there is 100 that goes out into the Woods, and fettles a 100 Families 
 to Strengthen and Baracado us from the Indians, and alfo a 100 Fami 
 lies more every year fucceffively. 
 
 " And here you fee that in one year the Town of Bofton has loft 
 I32O/. by 44 Negroes, which is alfo a lofs to the Country in general, 
 and for a lefs lofs (if it may be improperly be fo called) for a looo/. 
 the Country may have 500 Men in 5 years time for the 44 Negroes 
 dead in one year. 
 
 * A certain perfbn within thefe 6 years had two Negroes dead 
 computed both at 6o/. which would have procured him iix white Ser 
 vants at io/. per head to have Served 24 years, at 4 years apiece, 
 without running fuch a great rifque, and the Whites would have 
 ftrengthened the Country, that Negroes do not. 
 
 " Twould do well that none of thofe Servants be liable to be Im- 
 prefled during their Service of Agreement at their first Landing. 
 
 " That fuch Servants being Sold or Tranfported out of this Prov 
 ince during the time of their Service, the Perfon that buys them be 
 liable to pay 3/. into the Treafury." 
 
 A third of a century after the publication of Judge 
 Sewall s tract, another made its appearance, entitled 
 <c A Testimony againft that Anti-Chriftian Practice 
 of making Slaves of Men Wherein it is fhewed to be 
 contrary to the Difpenfation of the Law, and Time 
 of the Gofpel, and very oppofite both to Grace and 
 Nature. By Elihu Coleman. Matthew 7. 12. 
 
Slavery in Majfachiifetts. 109 
 
 Therefore all things whatfoever ye would that men 
 fhould do unto you, do ye even fo to them, for this 
 is the Law and the Prophets. Printed in the year 
 1733." MS. Copy in the Library of the American Anti 
 quarian Society. This writer was a minifter of the So 
 ciety of Friends, and of Nantucket. His work was 
 written in 1729-30. Coffins Newbury, p. 338. Macfs 
 Nantucket) p. 279. 
 
 At the Nantucket Monthly Meeting, in 1716, it 
 was determined as cc y e fenfe and judgment of this 
 meeting, that it is not agreeable to truth for Friends 
 to purchafe flaves and hold them term of life." M acy s 
 Nantucket l , p. 281. 
 
 In 1755, March 10, the town of Salem authorized 
 a petition to the General Court againft the importa 
 tion of negroes. Felt s Salem, n., 416. There may 
 have been other occafional efforts of this fort, but they 
 muft have been comparatively few and fruitlefs. 
 
 We have thus noticed the moft important, if not 
 the only anti-flavery demonftrations which appear in 
 the hiftory of MafTachufetts down to the period im 
 mediately preceding the Revolution. Excepting thofe 
 already mentioned, we know of no public advocates 
 for the flave in that Colony and Province until the 
 cry of refinance to Britifh tyranny began to refound 
 through the Colonies. 
 
 James Otis s great fpeech in the famous Caufe of 
 the Writs of Affiftance in 1761 the firft fcene of the 
 firft ad of oppofition to the arbitrary claims of Great 
 Britain declared the rights of man, inherent and in 
 alienable. In that fpeech the poor negroes were not 
 
no Notes on the Hiftory of 
 
 forgotten. None ever afTerted their rights in ftronger 
 terms. Adams s Works, x., 315. Mr. Bancroft 
 postpones Otis s "proteft againfl negro flavery" to a 
 later year (1764), when he translated the <c fcathing 
 fatire " of Montefquieu in his aflertion and proof of 
 the rights of the Britifh Colonies. This difference in 
 time is not material for our prefent purpofe. Many 
 years were to pafs away before his views on this fub- 
 ject were accepted by the children s children of thofe 
 to whom his words then founded like a rhapfody and 
 an extravagance. 
 
 It was a ftrong arm, and it ftruck a fturdy blow, 
 but the wedge recoiled and flew out from the tough 
 black knot of flavery, which was deftined to outlaft 
 the fiercer!: fires of the Revolution in MaiTachufetts, 
 thus kindled with live coals from the altar of univerfal 
 liberty. 
 
 John Adams heard the words of Otis, and " fhud- 
 dered at the dodrine he taught," and to the end of 
 his long life continued "to fhudder at the confe- 
 quences that may be drawn from fuch premifes." Yet 
 John Adams "adored the idea of gradual abolitions." 
 Works, x., 315. For his later views on emancipation, 
 see Works, vi., 511., x., 379. 
 
 The views exprefled by Otis muft have founded 
 ftrangely in the ears of men who "lived (as John 
 Adams himfelf fays he did) for many years in times 
 when the practice [of flavery] was not difgraceful, 
 when the beft men in my vicinity thought it not in- 
 confiftent with their character." Works, x., 380. If 
 there was a prevailing public fentiment againft flavery 
 in Maflachufetts as has been conftantly claimed of 
 
Slavery in Maffachufetts. in 
 
 late the people of that day, far lefs demonftrative 
 than their descendants, had an extraordinary way of 
 not fhowing it. Hutchinfon, who was undoubtedly 
 the man of his time moft familiar with the hiftory of 
 . his native province, fays in his firft volume, publifhed 
 in 1764, p. 444, "Some judicious perfons are of 
 opinion that the permiffion of flavery has been a 
 publick mifchief." This is certainly the indication 
 of a very mild type of oppofition by no means of a 
 pervading public fentiment. 
 
 John Adams was not alone in his aftonifhment at 
 the ideas expreffed by Otis. Thefe ideas were new as 
 they were ftartling to the people of Maffachufetts in 
 that day. And to the calm judgment of the hiftorian 
 there is nothing ftrange in the fact that the foremoft 
 man of his time in that province mould have fhud- 
 dered at^the doctrines which Otis taught. More than 
 a century paffed away before all the ancient badges of 
 fervitude could be removed from the colored races in 
 Maffachufetts, if indeed it be even now true that none 
 of thofe difabilities which fo ftrongly mark the focial 
 ftatus of the negro flill linger in the legiflation of that 
 State. 
 
 VI. 
 
 AMONG the flrongeft indications of the coming 
 change in opinion on this fubjed, the "fuits for 
 liberty," as they are called, challenge attention. They 
 are alfo known as " fuits for freedom," and " fuits for 
 fervice," in which flaves " fued their mailers for free- 
 
ii2 Notes on the Hiftory of 
 
 dom and for recompence for their fervice, after they 
 had attained the age of twenty-one years." M. . H. S. 
 Coll., i., iv. 202. 
 
 There had been a cafe in Connecticut as early as 
 1703, in which a matter was fummoned to anfwer, 
 before a County Court, cc to Abda, a mulatto, in an 
 action of the cafe, for his unjuft holding and detaining 
 the faid Abda in his fervice as his bondfman, for the 
 fpace of one year laft paft." The damages were laid at 
 2o/. The refult was a verdict againft the mafter for 
 I2/. damages cc thereby virtually eftablifhing Abda s 
 right to freedom." J. H. ^rumbuW s Notes from the 
 Original Papers, etc. Conn. Courant, Nov. 9, 1850. In 
 this cafe, the ground on which the {lave refted his 
 claim appears to have been his white blood. 
 
 The earlier! of thefe cafes in MafTachufetts, of 
 which we have any knowledge, is noticed in the Diary 
 of John Adams. It was in the Superior Court at 
 Salem, in 1766. Under date of Wednefday, Novem 
 ber 5th, he fays: <c Attended Court; heard the trial 
 of an action of trefpafs, brought by a mulatto woman, 
 for damages, for reftraining her of her liberty. This 
 is called fuing for liberty ; the firft action that ever I 
 knew of the fort, though I have heard there have been 
 many." Works, u., 200. 
 
 1 If any of thefe decifions in Maflachufetts fustalned the claims for wages, 
 they are in strong contrast with the highest Englifh authority of the period. 
 Many aftions were brought in the Englifh Courts, by negro flaves against 
 their masters for wages ; but Lord Mansfield, the great oracle of the Com 
 mon Law, was accustomed to deal very fummarily with them. He has left 
 a very emphatic record on this point : 
 
 " When flaves have been brought here, and have commenced aftions for 
 their wages, I have always nonfuited the plaintiff." The King v. the In 
 habitants of Thames Ditton. 4 Doug., 300. 
 
Slavery in Ma/achufetts. 113 
 
 We fuppofe this to have been the cafe of Jenny 
 Slew vs. John Whip-pie, jr., the record of which we 
 copy here. 
 
 " JENNY SLEW of Ipfwich in the County of Eflex, fpinfter, Pltff., 
 agft. JOHN WHIPPLE, Jun., of faid Ipfwich Gentleman, Deft., in a Plea 
 of Trefpafs for that the faid John on the 2pth day of January, A. D. 
 1762, at Ipfwich aforefaid with force and arms took her the faid Jenny, 
 held and kept her in fervitude as a flave in his fervice, and has 
 reftrained her of her liberty from that time to the fifth of March laft 
 without any lawfull right & authority fo to do and did her other 
 injuries againft the peace & to the damage of faid Jenny Slew as (he 
 faith the fum of twenty-five pounds. This action was firft brought at 
 laft March Court at Ipfwich when & where the parties appeared & the 
 cafe was continued by order of Court to the then next term when & 
 where the PltfF appeared & the faid John Whipple Jun, came by Ed 
 mund Trowbridge, Efq. his attorney & defended when he faid that 
 there is no fuch perfon in nature as Jenny Slew of Ipfwich aforefaid, 
 Spinfter, & this the faid John was ready to verify wherefore the writ 
 mould be abated & he prayed judgment accordingly which plea was 
 overruled by the Court and afterwards the faid John by the faid Ed 
 mund made a motion to the Court & praying that another perfon might 
 endorfe the writ & be fubjeft to coft if any mould finally be for the 
 Court but the Court rejected the motion and then the Deft, faving his 
 plea in abatement aforefaid faid that he is not guilty as the plaintiff con 
 tends, & thereof put himfelf on the Country, & then the caufe was con 
 tinued to this term, and now the PltfF. referving to herfelf the liberty 
 of joining iflue on the Deft s plea aforefaid in the appeal fays that 
 the defendant s plea aforefaid is an inefficient anfwer to the Plaintiff s 
 declaration aforefaid and by law me is not held to reply thereto & me 
 is ready to verify wherefore for want of a fufficient anfwer to the 
 Plaintiff s declaration aforefaid me prays judgment for her damages & 
 cofts & the defendant confenting to the waving of the demurrer on the 
 appeal faid his plea aforefaid is good & becaufe the PltfT refufes to 
 reply thereto He prays judgment for his coft. It is confidered by the 
 Court that the defendant s plea in chief aforefaid is good & that the faid 
 John Whipple recover of the faid Jenny Slew cofts tax at 
 the Pltff appealed to the next Superior Court of Judicature to be holden 
 8 
 
H4 Notes on the Hiftory of 
 
 for this County & entered into recognizance with fureties as the law di 
 rects for profecuting her appeal to effect." Records of Ike. Inferior 
 Court of C. C. P., Vol. , (Sep. 1760 to July ij66),page 502. 
 
 " JENNY SLEW of Ipfwich, in the County of EfTex, Spinfter, Appel 
 lant, verfus JOHN WHIFFLE, Jr. of faid Ipfwich, Gentleman Appellee 
 from the judgment of an Inferior Court of Common Pleas held at New- 
 buryport within and for the County of Eflex on the laft Tuefday of 
 September 1 765 when and where the appellant was plaint., and the ap 
 pellee was defendant in a plea of trefpafs, for that the faid John upon 
 the zpth day of January, A. D. 1762, at Ipfwich aforefaid with force 
 and arms took her the faid Jenny held & kept her in fervitude as a 
 flave in his fervice & has reftrained her of her liberty from that time 
 to the fifth of March 1765 without any lawful right or authority fo to 
 do & did other injuries againft the Peace & to the damage of the faid 
 Jenny Slew, as me faith, the fum of twenty-five pounds, at which In 
 ferior Court, judgment was rendered upon the demurrer then that the 
 faid John Whipple recover againft the faid Jenny Slew cofts. This 
 appeal was brought forward at the Superior Court of Judicature &c., 
 holden at Salem, within & for the County of Eflex on the firft 
 Tuesday of laft November, from whence it was continued to the 
 laft term of this Court for this County by confent & fo from thence 
 unto this Court, and now both parties appeared & the demurrer afore 
 faid being waived by confent & iffue joined upon the plea tendered at 
 faid Inferior Court & on file. The cafe after full hearing was com 
 mitted to a jury fworn according to law to try the fame who returned 
 their verdict therein upon oath, that is to fay, they find for appellant 
 reverfion of the former judgment four pounds money damage & cofts, 
 It s therefore confidered by the Court, that the former judgment be re- 
 verfed & that the faid Slew recover againft the faid Whipple the fum of 
 four pounds lawful money of this Province damage & cofts taxed 
 9/. 95. 6d. 
 
 "Exon. iffiied 4 Dec. 1766." Records of the Superior Court of 
 Judicature (Vol. 17 66-7) , page 175. 
 
 The cafe of Newport vs. Billing has been pre- 
 vioufly noticed, p. 22, note. It is not improbable 
 that this was the cafe in which John Adams was en- 
 
Slavery in Maffachufetts. 115 
 
 gaged, in the latter part of September, 1768, when he 
 <c attended the Superior Court at Worcester and the 
 next week proceeded to Springfield, where I was acci 
 dentally engaged in a caufe between a negro and his 
 mafter." Works, n., 213. 
 
 The next cafe was that which has been for more 
 than half a century the grand cheval de bataille of the 
 champions of the hiftoric fame of Maffachufetts the 
 cafe of James v. Lechmere, in Middlefex, in 1769. 
 This is the cafe referred to in a recent paper read 
 before the Maffachufetts Hiftorical Society, in which 
 the writer felt at liberty to " indulge a pride equally 
 juft and generous, that here, in the Courts of the 
 Province, the ruling of Lord Mansfield [in the cafe 
 of Somerfet] was anticipated by two years, in favor 
 of perfonal freedom and human rights." M. H. S. 
 Proc., 1863-4, p. 322. That is to fay, as the fame 
 writer expreffes it elfewhere, in the cafe of James v. 
 Lechmere, " the right of a mafter to hold a flave had 
 been denied, by the Superior Court of Maffachufetts, 
 and upon the fame grounds, fubftantially, as thofe 
 upon which Lord Mansfield difcharged Somerfet, 1 
 when his cafe came before him." Wajkbunfs Judi 
 cial Hift. of Mafs.y 202. Compare alfo M. H. S. 
 
 1 The abfurdity of the claim fet up for Maffachufetts is not diminimed 
 by the fa& that no cafe in the hiftory of Englifh Law has been more mis- 
 underftood and mifreprefented than the Somerfet cafe itfelf. 
 
 Thirteen years later (27 April, 1785), Lord Mansfield himfelf ftated 
 expresfly " that his decifion went no farther than that the mafter cannot by 
 force compel the flave to go out of the Kingdom." At the fame time he 
 alfo faid, with reference to the alleged extinction of villenage, " villains in 
 grofs may in point of law fubfift at this day. But the change of cuftoms 
 and manners has effectually abolifhed them in point of facV The King v. 
 The Inhabitants of Thames Ditton, 4 Doug., 300. In the lame year, the 
 
1 1 6 Notes on the Hiftory of 
 
 Proc., 1855-58, pp. 190-91, and Coll., iv., iv., pp. 
 
 334-5- 
 
 It is a pity to difturb thefe cherifhed fancies, but 
 
 the truth is that this cafe, fo often quoted " as having 
 determined the unlawfulnefs of flavery in MafTachu- 
 fetts, is Jhown by the records and files of Court to have 
 been brought up from the Inferior Court by /ham demurrer, 
 and, after one or two continuances, fettled by the parties. 
 Rec., 1769, fol. 196." Gray in Quincys Reports, 30, 
 note. 
 
 We muft not omit to note in paffing another in- 
 terefting fad recently developed. James Somerfet, 
 the fubjedt of the great Englim " fuit for liberty/ 
 was not a Virginia or Weft India flave, as has been 
 
 fame great exponent of Englifh Law expresfly recognized property in (laves 
 on board a (lave-trader, in an a6Hon on a policy of affurance. The demand 
 on the policy was for the lofs of a great many (laves by mutiny. Jones vs. 
 Schmoll. i Term Reports, 130, note. Add to all this the notorious fafts 
 that (laves were bought and fold in England long after the time when it 
 has been alleged that " Lord Mansfield firft eftablifhed the grand doftrine 
 that the air of England is too pure to be breathed by a (lave j " that it 
 was not until 1807 that (he abolimed her (lave-trade, and twenty-feven 
 weary years more elapfed before (he fet her (laves free in her colonies ; and 
 we can, without referring to the earlier hiftory of her royal and parliament 
 ary, national and individual patronage of flavery and the (lave-trade, or her 
 cowardly fympathy with the (laveholders rebellion, eftimate the value of 
 Earl RufTeH s recent declaration, that Great Britain has always been hoftile 
 to (lavery. " The Britifh nation have always entertained, and ftill entertain, 
 the deepeft abhorrence of laws by which men of one color were made 
 (laves of men of another color. The efforts by which the United States 
 Government and Congrefs have (haken off flavery have, therefore, the 
 warmeft fympathies of the people of thefe Kingdoms." Earl Rujfell to Mr. 
 Adams, Augufl 20, 1865. No language or hiftory within our knowledge 
 furnishes fit epithet or parallel for fuch confummate hypocrify and recklefs 
 difregard of the truth of hiftory. It would be an infult to the " hiftoric 
 fame " of that unhappy Jewish fel to refer to the Pharifees. Perhaps it is 
 enough. to fay it is the empty " palaver" of a British Prime Minifter ! 
 
Slavery in Maffachujetts. 1 1 7 
 
 generally ftated, but a negro-flave from Maflachu- 
 fetts ! where he lived with his owner, Mr. Charles 
 Stewart, who held an office in the cuftoms and refided 
 in Bofton. Proc. M. H. ., 1863-64, p. 323. 
 
 Mr. Stewart left Bofton on the firft of October, 
 1769, and arrived in London on the tenth of Novem 
 ber following. He was accompanied by this {lave, 
 who continued in his fervice until the firft of October, 
 1771, when he ran away. His owner found means to 
 feize and fecure him, and had placed him on board a 
 veflel bound for Jamaica, in the cuftody of the cap 
 tain, who was to carry him there to be fold. This 
 was on the 26th November, 1771. He was refcued 
 by a writ of habeas corpus, and the proceedings in 
 the cafe terminated in his releafe on the 22d June, 
 
 There was a cafe in Nantucket, about the years 
 1769-1770, in which Mr. Rotch, a member of the 
 Society of Friends, received on board a veflel called 
 the Friendfhip, at that time engaged in the whale- 
 fifhery, and commanded by Eliftia Folger, a young 
 (lave by the name of " Bofton," belonging to the heirs 
 of William Swain. At the termination of the voy 
 age, he paid to " Bofton " his proportion of the pro 
 ceeds. The mafter, John Swain, brought an action 
 againft the captain of the veflel, in the Court of 
 Common Pleas of Nantucket, for the recovery of his 
 {lave ; but the jury returned a verdict in favor of the 
 defendant, and the {lave is faid to have been " manu 
 mitted by the magiftrates." Swain took an appeal 
 from this judgment to the Supreme Court at Bofton, 
 but never profecuted it, Lymaris Report, 1822. 
 
n8 Notes on the Hiftory of 
 
 Another cafe is mentioned in a letter of Thomas 
 Pemberton, dated at Bofton, March 12, 1795, in 
 reply to the Circular of Dr. Jeremy Belknap, dated 
 Bofton, February 17, 1795? as follows: 
 
 " The firft inftance I have heard of a negro re- 
 quefting his freedom as his right belonged, I am in 
 formed, to Dr. Stockbridge, of Hanover, in Ply 
 mouth County. His mafter refufed to grant it, but 
 by afliftance of lawyers he obtained it, this about the 
 year 1770." 
 
 Mr. Gray mentions the cafe of Cafar vs. Taylor, 
 in EfTex, 1772, in which " the wife of a flave was not 
 allowed to teftify againft him," and " the defendant 
 in an aclion of falfe imprifonment was not permitted 
 under the general iffue to prove that the plaintiff was 
 his flave." ^uincys Reports, 30, note. 
 
 In September or October, 1773, an action was 
 brought in the Inferior Court, in Effex, againft 
 Richard Greenleaf, of Newburyport, by Caefar 
 [Hendrick], a colored man, whom he claimed as his 
 flave, for holding him in bondage. He laid the 
 damages at fifty pounds. A letter from Newbury 
 port, October loth, fays, "We have lately had our 
 Court week when the novel cafe of Caefar againft his 
 mafter in an action of fifty pounds lawful money 
 damages for detaining him in flavery was litigated 
 before a jury of the County, who found for the 
 plaintiff eighteen pounds damages and cq/ls." . John 
 Lowell, Efq., afterward Judge Lowell, was counfel for 
 the plaintiff. Coffin s Newbury, 241, 339. 
 
 Nathan Dane notices this cafe in his Abridgment 
 and Digeft of American Law. He fays: 
 
Slavery in MaJJTachuJetts. 119 
 
 "As early as 1773, many negroes claimed their 
 freedom, and brought actions of trefpafs againft their 
 mailers for reftraining them. A. D. 1773, one Csefar 
 brought trefpafs againft his mafter, and declared that 
 he, with force and arms, aflaulted the plaintiff and 
 imprifoned him, and fo with force and arms againft 
 the plaintiff s will, hath there held, kept, and re- 
 ftrained him in fervitude, as the faid G. s flave, for fo 
 long a time, etc. 
 
 " In this cafe the mafter protefted the plaintiff was 
 his mulatto Jlave, and that he, the mafter, was not held 
 by law to anfwer him ; but for plea the mafter faid he 
 was not guilty. The parties agreed any fpecial matter 
 might be given in evidence, etc. Counfel, Farnham 
 and Lowell." Danes Abridgment, n., 426. 
 
 Another cafe is mentioned as " brought on at the 
 Inferior Court of Common Pleas for the County of 
 Effex for July term [1774], between Mr. Caleb 
 Dodge of Beverly, and his negro fervant, in which the 
 referees gave a verdict in favor of the negro, by which 
 he obtained his freedom, there being no law of the 
 province to hold a man to ferve for life." The Watch 
 man s Alarm, etc., p. 28, note. Yet the writer of this 
 pamphlet fuggefted the cc abolifhing of this vile 
 cuftom of flave-making, either by a law of the prov 
 ince, Common Law, (which I am told has happily 
 fucceeded in many inftances of late) or by a voluntary 
 releafement." Ibid., p. 27. 
 
 Mr. Dane alfo refers to the cafe of C^far vs. 
 Taylor, and gives the following view of the fubjecl 
 generally : 
 
 "In thefe cafes there feem to have been doubts 
 
I2O Notes on the Hiftory of 
 
 if flavery exifted in Maffachufetfcs ; the caufes were 
 generally argued on general principles ; the matters 
 urged, in fupport of flavery, the practice of ancient and 
 fome modern nations ; alfo the Provincial Statutes of 
 10 W. 3.3 ch. 6. ; i & 2 Anne, ch. 2.; and 4 & 5 
 Anne, ch. 6. 
 
 " The plain tiffs argued that by Englifh Law, 
 Jlavery could not exift, and that we had nothing to do 
 with any other, except the Provincial Statutes ; that 
 if thefe eftabliftied flavery, it was merely by implication, 
 and that natural liberty was never to be taken away 
 by implication ; that at common law partus nonjequitur 
 ventrem y though it might be otherwife by the civil 
 law, which England, in this cafe, had never adopted ; 
 that marriage and providing for children was a right 
 and a duty which only free perfons could perform ; 
 that the Gofpel forbid men to fell their brethren ; and 
 that the plaintiffs were Chriftians, and, if held in 
 flavery, could not perform their Chriftian duties ; that 
 even villainage is abolifhed by Englifh law, and that 
 the common law abhorred flavery. But it was ad 
 mitted by the plaintiff s counfel, that flavery might 
 be eftabliflied by exprefs law ; and the defendants 
 urged, and it feems long to have been underftood, that 
 the Provincial Statutes did expreffly recognize and es- 
 tablifh flavery, as in the cafes above ftated, and in 
 many others. 
 
 "In 1773, etc., fome flaves did recover againft their 
 matters ; but thefe cafes are no evidence that there 
 could not be flaves in the Province, for fometimes 
 matters permitted their flaves to recover to get clear 
 of maintaining them as paupers when old and infirm ; 
 
Slavery in Maffachujetts. 121 
 
 the effect, as then generally underftood, of a judgment 
 againft the mafter on this point of flavery ; hence, a 
 very feeble defence was often made by the matters, 
 efpecially when fued by the old or infirm flaves, as the 
 matters could not even manumit their (laves, without 
 indemnifying their towns againft their maintenance, as 
 town paupers." Dane s Abridgment, 11., 426-7. 
 
 Chief-Juftice Parfons alfo, in the cafe of Winchen- 
 don vs. Hatfield in error, confirms this view. 
 
 cc Several negroes, born in this country of im 
 ported flaves demanded their freedom of their matters 
 by fuit at law, and obtained it by a judgment of court. 
 The defence of the mafter was feebly made, for fuch 
 was the temper of the times, that a reftlefs difcontented 
 flave was worth little ; and when his freedom was ob 
 tained in a courfe of legal proceedings, the mafter was 
 not holden for his future fupport, if he became poor." 
 iv Mafs. Reports, 128. 
 
 The reference by the Chief-Juftice to the circum- 
 ftance that thefe negroes litigant were " born in this 
 country," points to the queftion, whether hereditary 
 flavery was legal in MafTachufetts ? which is alfo 
 touched in the previous reference by the counfel for 
 the flaves, as ftated by Mr. Dane, to the difference 
 between the rules of the Common Law and the Civil 
 Law. 
 
 The Rev. Dr. Belknap, in his account of thefe fuits, 
 fays, " On the part of the blacks it was pleaded, that 
 the royal charter expreffly declared all perfons born or 
 refiding in the province, to be as free as the King s 
 fubjects in Great Britain ; that by the laws of Eng 
 land, no man could be deprived of his liberty but by 
 
122 Notes on the Hi/lory of 
 
 the judgment of his peers ; that the laws of the prov 
 ince respecting an evil exifting, and attempting to 
 mitigate or regulate it, did not authorize it ; and, on 
 fome occaflons, the plea was, that though the flavery 
 of the parents be admitted, yet no difability of that 
 kind could defcend to children." M. H. S. Coll.,, i., 
 iv., 203. 
 
 How far the arguments here noticed were urged 
 in thefe various fuits, and whether in any of them 
 thefe points were judicially ftated and determined, we 
 are unable to fay. We have previoufly examined the 
 legal hiftory of hereditary flavery in Maflachufetts ; 
 and it may be proper in this connection to add fome- 
 thing with refpect to the other pleas mentioned by 
 Belknap. And firft, the alleged rights of the Indians 
 and Negroes under the royal charter, and laws of 
 England. The proviflon referred to is fubftantially 
 the fame in both Colony and Province charters, and 
 is in the words following, viz : 
 
 " That all and every of the fubjects of us, our 
 heirs and fucceflbrs, which go to and inhabit within 
 our faid province and territory, and every of their 
 children which fliall happen to be born there, or on 
 the feas in going thither, or returning from thence, 
 fhall have and enjoy all liberties and immunities of 
 free and natural fubjects within the dominions of us, 
 our heirs and fucceflbrs, to all intents, conftructions, 
 and purpofes whatfoever, as if they and every of them 
 were born within our realm of England." 
 
 The preamble to the Body of Liberties in 1641, 
 which declares the civil privileges of the inhabitants 
 of the Colony, might alfo have been referred to in this 
 
y 
 
 Slavery in Maffachujetts. 123 
 
 line of argument. Still, it is a hiftorical fad that the 
 guaranties of the royal charters, and the Common Law 
 of England as a perfonal law of privilege, did not ex 
 tend to Aliens, Negroes, or Indians . 1 
 
 The other plea, " that the laws of the province 
 refpecting an evil exifting, and attempting to mitigate 
 or regulate it did not authorize it," could avail no 
 thing againft the other ftern hiftorical fact that flavery 
 exifted in MafTachufetts "by virtue and equity of an 
 exprefs Law of the Country warranting the fame, 
 eftablimed by a General Court, and fufficiently pub- 
 limed ; or in cafe of the defect of a Law in any par 
 ticular cafe, by the word of God, . . . to be judged by 
 the General Court." Was it faid that the colony-law 
 was annulled with the Charter, by the authority of 
 which it was made ? Still the ufage had prevailed and 
 acquired force as the common law of the Province. 
 The validity of the judgment againft the Charter in 
 1684, which was denied by the Houfe of Commons, 
 and cc queftioned by very great authority in England," 
 was never admitted in Maflachufetts. 9 Gray, $iy. 
 There was nothing in the repeal of the Colony charter 
 to affect the private rights of the colonifts. Ibid., 518. 
 And generally the rights of the inhabitants, as well as 
 the penalties to which they might be fubjeded, con 
 tinued to be determined by the effect and according to 
 the form of the colonial and provincial legiflation, 
 i. e. the common law of Maflachufetts, rather than by 
 
 1 See Kurd s Lanu of Freedom and Bondage in the United States, VoL 
 I., pp. 196, 197, 201 : a perfeft treafure-houfe of law and hiftory on its 
 fubjeft, for which every ftudent of American Hiftory owes him a large 
 debt of gratitude. 
 
124 Notes on the Hiftory of 
 
 the ancient common law of England. 5 Pickering, 203. 
 7 Cujhing, 76, 77. 13 Pickering, 258. 13 Met calf, 
 68-72. 
 
 But whatever may have been the pleas or argu 
 ments in thefe fuits, or the opinions which influenced 
 their various refults ; the fact remains that, although 
 " the bonds of flavery " may have been " loofened " 
 by thefe proceedings, and " the verdicts of juries in 
 favor of liberty," the legal effect of fuch verdicts 
 reached none but the parties immediately concerned ; 
 and the inflitution of flavery continued to be recog 
 nized by law in MafTachufetts, defying all direct 
 attempts to deftroy it. 
 
 The queftion however had been raifed, and flavery 
 was challenged. Dr. Belknap fays, that cc the con- 
 troverfy began about the year 1766." M. H. S. 
 Coll. i., iv., 201. We fhall endeavor to indicate the 
 principal features of its progrefs in their juft relations, 
 without difparagement and without exaggeration. 
 
 The town of Worcester, by inftructions in 1765, 
 required their reprefentative to " ufe his influence to 
 obtain a law to put an end to that unchriftian and im 
 politic practice of making flaves of the human fpecies, 
 and that he give his vote for none to ferve in His 
 Majefly s Council, who will ufe their influence againft 
 fuch a law/ Eoflon News-Letter, June 4, 1765, 
 quoted by Buckingham, Newfpaper Literature, i., 31. 
 
 The town of Bofton, in May, 1766, intruded 
 their Reprefentatives as follows, viz. : " And for the 
 total abolifhing of flavery among us, that you move 
 for a law to prohibit the importation and the pur- 
 
Slavery in Majfachujetts. 125 
 
 chasing of (laves for the future." Lyman s Report, 
 1822. 
 
 This action was confirmed by a new vote in the 
 following year. At the Town- Meet ing on the i6th 
 of March, 1767, the queftion came up, as to whether 
 the Town would adhere to that part of its Inftruc- 
 tions, and it paffed in the affirmative. 1 Drakes 
 Bofton, 728-9. It is alfo faid, though probably 
 true of a later period only, that "In fome of the 
 country towns they voted to have no flaves among 
 them, and that their matters be indemnified from any 
 expence, [after they had granted them freedom] that 
 might arife by reafon of their age, infirmities, or in 
 ability to fupport themfelves." Letter of Mr. Thomas 
 P ember ton to Dr. Jeremy Belknap, Bo/ton, Mch. 12, 
 
 In 1767, an anonymous trad: of twenty octavo 
 pages againft flavery made its appearance. It was 
 entitled cc Confederations on Slavery, in a Letter to a 
 Friend" It was written by Nathaniel Appleton, a 
 merchant of Bofton, afterwards a member of the firft 
 Committee of Correfpondence and a zealous patriot 
 during the Revolutionary druggie. Appleton Me 
 morial^ 360 
 
 On March 2d, 1769, the reverend Samuel Web- 
 fter of Salifbury, Maflachufetts, publifhed " an earned 
 addrefs to my country on flavery." An extract is 
 given by Mr. Coffin in his Hiftory of Newbury, p. 
 
 338- 
 
 1 The reader will note the coincidence of this proceeding with that in 
 the Legiflature on the fame day, when it was " Ordered, that the Matter 
 fubfide" See/>o/2, />. 127. 
 
126 Notes on the Hiftory of 
 
 James Swan, " a Scotfman," and merchant in 
 Bofton, publifhed " A Difluafion to Great Britain 
 and the Colonies, from the Slave-Trade to Africa 
 mewing the Injuflice thereof, etc." It feems to have 
 been in cc the form of a fermon," and the writer was 
 apparently better fatisfied with a fecond edition revifed 
 and abridged, which he put forth in 1773, at the 
 earneft defire of the Negroes in Bofton, in order to 
 anfwer the purpofe of fending a copy to each town. 
 
 In 1767, the firft movement was made in the 
 Legiflature to procure the paflage of an act againft fla- 
 very and the flave-trade. 
 
 On the ijth March, a bill was brought into the 
 Houfe of Reprefentatives cc to prevent the unwarrant 
 able and unufual Practice or Cuftom of inflaving Man 
 kind in this Province, and the importation of flaves 
 into the fame." It was read a firft time, and the 
 queftion was moved, whether a fecond reading be 
 referred to the next feflion of the General Court ? 
 which was pafled in the negative. Then it was moved, 
 that a claufe be brought into the bill, for a limitation 
 to a certain time, and the queftion being put, it 
 pafled in the affirmative ; and it was further ordered, 
 that the bill be read again on the following day, at ten 
 o clock. Journal, 387. 
 
 On the i4th, the bill cc to prevent the unwarrant 
 able and unnatural Practice," etc., was read a fecond 
 time, and the queftion was put whether the third 
 reading be referred to the next May feflion ? This 
 pafled in the negative, and it was ordered that the Bill 
 be read a third time on Monday next at three o clock. 
 Ibid., 390. 
 
Slavery in Maffachujetts. 127 
 
 On the i6th, "The Bill for preventing the un 
 natural and unwarrantable Cuftom of enflaving Man 
 kind in this Province, and the Importation of Slaves 
 into the Same, was Read according to order, and, 
 after a Debate, 
 
 " Ordered that the Matter fubftde, and that Capt. 
 Sheaffe, Col. Richmond, and Col. Bourne, be a Com 
 mittee to bring in a Bill for laying a Duty of Import 
 on Slaves importing into this Province." Ibld.^ 393. 
 
 On the i yth, a Bill for laying a Duty of Import 
 upon the Importation of Slaves into this Province 
 was read a firft and fecond time, and ordered for a 
 third reading on the next day at eleven o clock. Ibid., 
 408. 
 
 On the 1 8th, "the bill for laying an Import on 
 the Importation of Negro and other Slaves, was read 
 a third time, and the queftion was put, whether the 
 enacting this bill mould be referred to the next May 
 feflion, that the Minds of the Country may be known 
 thereupon ? Pafled in the Negative. Then the Ques 
 tion was put, Whether a claufe fhall be bro t in to 
 limit the Continuance of the Act to the Term of one 
 year ? Faffed in the Affirmative, and Ordered, that 
 the Bill be recommitted." Ibid. y 411. In the after 
 noon of the fame day, the bill was read with the 
 amendment, and having parTed to be engrofled, was 
 " fent up by Col. Bowers, Col. Gerrim, Col. Leonard, 
 Capt. Thayer, and Col. Richmond." Ibid., 411. 
 
 The bill was read a firft time in the Council on the 
 1 9th of March, and on the 2oth was read a fecond 
 time and pafTed to be engrofled " as taken into a new 
 draft." On being fent down to the Houfe of Repre- 
 
128 Notes on the Hi/lory of 
 
 fentatives for concurrence, in the afternoon of the 
 fame day, it was cc Read and unanimoufly non-con 
 curred, and the Houfe adhere to their own Vote. 
 Sent up for concurrence." Ibid. Compare Gen. Court 
 Records, May 1763 to May 1767,^. 485. 
 
 And thus the bill difappeared and was loft. It 
 was the neareft approach to an attempt to abolifh 
 flavery, within our knowledge, in all the Colonial and 
 Provincial legislation of MafTachufetts. The bills 
 againft the importation of (laves cannot juftly be re 
 garded as direct attempts to abolim the inftitution of 
 flavery, whatever may have been the motives which 
 influenced the action concerning them. The bill 
 itfelf of 1767 has not been found, and it is not un 
 likely that its provifions may have been lefs pofitive 
 and ftringent than its title, which is the chief author 
 ity for what little anti-flavery reputation it enjoys. 
 Could it be recovered, it might illuminate the record 
 we have given, and throw much light on the fubject 
 generally. It is apparent from the record that what 
 ever may have been the height to which the zeal of 
 anti-flavery had carried the agitation of the fubject on 
 this occaflon, it was duly " ordered, that the Matter 
 fubflde ;" 1 so that it was only an Impoft Act which 
 finally tried to ftruggle forth into exiftence, and 
 periflied in the effort. If indeed it was an attempt 
 at abolition, the failure was fo flgnal and decifive that 
 it was not renewed until ten years afterward, when, as 
 we fliall fee, it failed again. 
 
 1 The reader will fee hereafter, in the frequent ufe of this parliamentary 
 phrafe by the Legiflature of MafTachufetts, that an order to "fub/ide " con 
 tinued to be their favorite method of reducing anti-flavery inflammation. 
 
Slavery in Maffachujetts. 129 
 
 That terror of infurrection, To often and aptly 
 illuftrated in the common phrafe of cc fleeping over a 
 volcano," that continuous and awful dread which 
 confcious tyranny feels, but hates to acknowledge, we 
 have already faid, was not unknown even in MafTa- 
 chufetts, where the fervile clafs was always a com 
 paratively fmall element of the population. In times 
 of civil commotion and popular excitement, the 
 danger was more imminent, and the fear was more 
 freely exprefled. 
 
 During the difficulties between the people of the 
 town of Bofton and the Britim foldiers in 1768, John 
 Wilfon, a captain in the 59th Regiment, was accufed 
 of exciting the flaves againft their matters, afluring 
 them that the foldiers had come to procure their free 
 dom ; and that, " with their afliftance, they mould 
 be able to drive the Liberty Boys to the devil." He 
 was arrefted on the complaint of the felectmen, and 
 was bound over for trial ; " but, owing to the manoeu 
 vres of the Attorney-General, the indictment was 
 quafhed, and Wilfon left the Province about the fame 
 time." Drake s Bofton, 754. 
 
 There was a fimilar alarm in September, 1774. It 
 is noticed in one of the letters of Mrs. John Adams 
 to her hufband, dated at Bofton Garrifon, 22d Sep 
 tember, 1774. 
 
 cc There has been in town a confpiracy of the 
 negroes. At prefent it is kept pretty private, and 
 was difcovered by one who endeavored to difluade 
 them from it. He being threatened with his life, 
 applied to Juftice Quincy for protection. They con 
 ducted in this way, got an Irifhman to draw up a pe- 
 9 
 
130 Notes on the Hiftory of 
 
 tition to the Governor [Gage], telling him they would 
 fight for him provided he would arm them, and en 
 gage to liberate them if he conquered. And it is faid 
 that he attended fo much to it, as to confult Percy * 
 upon it, and one Lieutenant Small has been very bufy 
 and active. There is but little faid, and what fteps 
 they will take in confequence of it I know not. I 
 wifh moft fincerely there was not a (lave in the prov 
 ince ; it always appeared a moft iniquitous fcheme to 
 me to fight ourfelves for what we are daily robbing 
 and plundering from thofe who have as good a right 
 to freedom as we have. You know my mind upon 
 this fubjecV Adams Letters, i., 24. 
 
 In 1771, the fubject of the Slave-Trade was again 
 introduced into the Legiflature. On the I2th April, 
 in that year, a bill " to prevent the Importation of 
 Slaves from Africa" was read the firfl time and 
 ordered to a fecond reading on the following day at 
 ten o clock. Journal, 211. On the ijth,, the bill 
 was read the fecond time, and the further confideration 
 was postponed till the following Tuefday morning. 
 Ibid., 215. On the i6th the bill was re-committed. 
 Ibid., 219. 
 
 On the 1 9th, a " Bill to prevent the Importation 
 of Negro Slaves into this Province" was read the 
 firft time and ordered a fecond reading " to-morrow 
 at eleven o clock." Ibid., 234. On the 2oth, it was 
 " read a fecond time and ordered to be read again on 
 Monday next, at Three o clock." On the 22d, it 
 
 1 Brigadier-General the Right Honorable Hugh, Earl Percy, after 
 wards Duke of Northumberland, was Colonel of the 5th Regiment, or 
 Northumberland Fufileers, at that time (rationed in Bofton. 
 
Slavery in Maffachujetts. 131 
 
 was read the third time, and patted to be engrofled. 
 Ibid., 236. On the 24th, it was read and patted to be 
 enadted. Ibid., 240. 
 
 It was duly fent to the Council for concurrence, 
 and on the fame day, " James Otis, Efq., came down 
 from the honorable Board, to propofe an Amendment 
 on the engrofled bill for preventing the Importation 
 of Slaves from Africa, and laid the Bill on the Table ;" 
 whereupon cc The Houfe took the propofed Amend 
 ment into consideration, and concur d with the honor 
 able Board therein, then the Bill was fent up to the 
 honorable Board." Ibid., 242-3. 
 
 We have been unable to procure any record of 
 the doings of the Council on the fubject, excepting 
 the following entry in the Records of the General 
 Court : 
 
 " Wednefday, April 24, 1771, etc. etc. An En 
 grofled Bill intituled c An Ad: to prevent the Im 
 portation of Negro Slaves into this Province having 
 patted the Houfe of Reprefentatives to be Enacted. 
 In Council, Read a third time and patted a con 
 currence to be enacted." 
 
 This act failed to obtain the approval of Governor 
 Hutchinfon, and we are fortunately able to prefent 
 his views on the fubject, as communicated to Lord 
 Hillfborough, Secretary of State for the Colonies, in 
 a letter dated May, 1771. 
 
 cc The Bill which prohibited the importation of 
 Negro Slaves appeared to me to come within his 
 Majefty s Inftruction to Sir Francis Bernard, which 
 reftrains the Governor from Aflenting to any Laws 
 of a new and unufual nature. I doubted befides 
 
132 Notes on the Hiftory of 
 
 whether the chief motive to this Bill which, it is faid, 
 was a fcruple upon the minds of the People in many 
 parts of the Province of the lawfulnefs, in a meerly 
 moral refpect, of fo great a reftraint of Liberty, was 
 well founded, flavery by the Provincial Laws giving 
 no right to the life of the fervant and a flave here con- 
 fidered as a Servant would be who had bound him- 
 felf for a term of years exceeding the ordinary term 
 of human life, and I do not know that it has been de 
 termined he may not have a Property in Goods, not- 
 withftanding he is called a Slave. 
 
 " I have reafon to think that thefe three 1 bills will 
 be again offered to me in another Semon, I having in 
 timated that I would tranfmit them to England that I 
 might know his Majefty s pleafure concerning them." 
 27 Mqfs. Archives, 159-60. 
 
 Thefe are interefting and important fuggeftions. It 
 is apparent that at this time there was no fpecial 
 inftruction to the royal governor of Maffachufetts, 
 forbidding his approval of acts againft the Have-trade, 
 flutchinfon evidently doubted the genuinenefs of the 
 cc chief motive " which was alleged to be the infpira- 
 tion of the bill, the " meerly moral " fcruple againft 
 flavery ; but his reafonings furnifh a ftriking illuftra- 
 tion of the changes which were going on in public 
 opinion, and the gradual softening of the harftier 
 features of flavery under their influence. The non 
 importation agreements throughout the Colonies, by 
 which America was trying to thwart the commercial 
 felfiflinefs of her rapacious Mother, had rendered the 
 
 1 The other two bills were a Marine Corporation Bill and a Salem 
 Militia Bill. 
 
Slavery in Maffachujetts. 133 
 
 provincial viceroys peculiarly fenfitive to the flighted: 
 manifeftation of a difpofition to approach the facred 
 precincts of thofe prerogatives by which King and 
 Parliament aflumed to bind their diftant dependencies : 
 and the " fpirit of non-importation " which Mafla- 
 chufetts had imperfectly learned from New York was 
 equally offensive to them, whether it interfered with 
 their cherifhed " trade with Africa," or their favorite 
 monopolies elfewhere. 
 
 In 1773, ^ e attempt to difcourage the flave-trade 
 was renewed. The reprefentatives from Salem had 
 been inftrudted, May 18, 1773, to ufe their exertions 
 to prevent the importation of negroes into Maflachu- 
 fetts " as repugnant to the natural rights of mankind, 
 and highly prejudicial to the Province." Felt, An 
 nals, ii., 416. The town of Medford alfo directed 
 their member to " ufe his utmoft influence to have a 
 final period put to that mod cruel, inhuman and un- 
 chriftian practice, the flave-trade." Swans Diffuafton 9 
 etc. y Revifed Ed. y 1773, p. x. The town of Leicefter, 
 May 19, 1773, inftructed their reprefentative on this 
 fubject, as follows : 
 
 " And, as we have the higheft regard for (fo as even 
 to revere the name of) liberty, we cannot behold but 
 with the greateft abhorrence any of our fellow crea 
 tures in a ttate of flavery. 
 
 "Therefore we ftrictly enjoin you to ufe your ut 
 moft influence that a flop may be put to the flave- 
 trade by the inhabitants of this Province ; which, we 
 apprehend, may be effected by one of thefe two ways : 
 either by laying a heavy duty on every negro im 
 ported or brought from Africa or elfewhere into this 
 
1 34 Notes on the Hiftory of 
 
 Province; or, by making a law, that every negro 
 brought or imported as aforefaid mould be a free man 
 or woman as foon as they come within the jurifdic- 
 tion of it ; and that every negro child that mail be 
 born in faid government after the enacting fuch law 
 mould be free at the fame age that the children of 
 white people are; and, from the time of their birth till 
 they are capable of earning their living, to be main 
 tained by the town in which they are born, or at the 
 expenfe of the Province, as mail appear moft reafon- 
 able. 
 
 " Thus, by enacting fuch a law, in procefs of time 
 will the blacks become free; or, if the Honorable 
 Houfe of Reprefentatives mall think of a more 
 eligible method, A e mall be heartily glad of it. But 
 whether you can juftly take away or free a negro from 
 his mafter, who fairly purchafed him, and (although 
 illegally ; for fuch is the purchafe of any perfon againrt 
 their confent, unlefs it be for a capital offence) which 
 the cuftom of this country has juftified him in, we 
 mall not determine ; but hope that unerring Wifdom 
 will direct you in this and in all your other important 
 undertakings/* Waftiburn s Leicefter, 442. 
 
 The town of Sandwich, in Barnftable County, 
 voted, May 18, 1773, "that our reprefentative is in- 
 ftructed to endeavor to have an Act parled by the 
 Court, to prevent the importation of Jlaves into this 
 country, and that all children that mall be born of 
 fuch Africans as are now flaves among us, mall, after 
 fuch Act, be free at 21 years of age." Freeman s His 
 tory of Cape Coo 7 , n., 114. 
 
 There may have been other towns in which fimilar 
 
Slavery in Majfachufetts. 135 
 
 meafures were taken to influence the action of the 
 Legiflature, but we have no knowledge of any beyond 
 thofe already noticed. The negroes themfelves alfo 
 began to move in the matter, encouraged by the 
 " fpirit of liberty which was rife in the land." 
 
 On the 25th June, 1773, in the afternoon feflion 
 of the Houfe of Reprefentatives, a petition was read 
 " of Felix Holbrook, and others, Negroes, praying 
 that they may be liberated from a State of Bondage, 
 and made Freemen of this Community ; and that this 
 Court would give and grant to them fome part of the 
 unimproved Lands belonging to the Province, for a 
 Settlement, or relieve them in fuch other Way as 
 {hall feem good and wife upon the Whole." Upon 
 this it was cc ordered, that Mr. Hancock, Mr. Green- 
 leaf, Mr. Adams, Capt. Dix, Mr. Paine, Capt. Heath, 
 and Mr. Pickering coniider this Petition, and report 
 what may be proper to be done." Journal, p. 85. 
 
 This " Committee on the Petition of Felix Hol 
 brook, and others, in behalf of themfelves and others ; 
 praying to be liberated from a State of Slavery, re 
 ported" on the 28th June, 1773, P.M., "that the 
 further Confideration of the Petition be referred till 
 next Seflion," and it was fo referred accordingly. 
 Ibid., 94. 
 
 Among other indications of the growing intereft in 
 the fubject, is the fact that at the annual commence 
 ment of Harvard College, Cambridge, July 21, 1773, 
 a forenfic difputation on the legality of enflaving the 
 Africans was held by two candidates for the bachelor s 
 degree ; namely, Theodore Parfons and Eliphalet 
 Pearfon, both of whom were natives of Newbury* 
 
136 Notes on the Hiftory of 
 
 The queftion was "whether the flavery, to which 
 Africans are in this province, by the permiflion of law, 
 fubjedted, be agreeable to the law of nature ?" The 
 work was publifhed at Bofton, the fame year, in an 
 oclavo pamphlet of forty-eight pages. Coffin s New- 
 bury, 339. 
 
 The following letter alfo mows that the bufinefs 
 before the Legiflature was not wholly neglected or for 
 gotten during the interval between the feffions. 
 
 SAMUEL ADAMS TO JOHN PICKERING, JR. 
 
 "Bofton, Jan 7 . 8, 1774. 
 
 "Sir, 
 
 " As the General Aflembly will undoubtedly meet 
 on the 26th of this month, the Negroes whofe petition 
 lies on file, and is referred for confi deration, are very 
 felicitous for the Event of it, and having been in 
 formed that you intended to confider it at your 
 leifure Hours in the Recefs of the Court, they ear- 
 neftly wifh you would compleat a Plan for their Re 
 lief. And in the meantime, if it be not too much 
 Trouble, they afk it as a favor that you would by 
 a Letter enable me to communicate to them the 
 general outlines of your Defign. I am, with fincere 
 regard," etc. 
 
 On the 26th January, 1774, P.M., " a Petition of 
 a number of Negro Men, which was entered on the 
 Journal of the 25th of June laft, and referred for Con- 
 iideration to this Seflion," was " read again, together 
 with a Memorial of the fame Petitioners and Ordered, 
 that Mr. Speaker, Mr. Pickering, Mr. Hancock, Mr. 
 
Slavery in Maffachujetts. 137 
 
 Adams, Mr. Phillips, Mr. Paine, and Mr. Greenleaf 
 confider the fame and report." Journal, 104. 
 
 All this preliminary preparation refulted at length 
 in cc a Bill to prevent the Importation of Negroes 
 and others as Slaves into this Province," which was 
 read the firft time on the id March, 1774, and ordered 
 to be read again the next day. Ibid., 221. On the 
 3d, it was read the fecond time in the morning, and 
 in the afternoon the third time, and pafled to be en- 
 grofled, when it was fent up to the Council Board 
 for concurrence, by Col. Gerrim, Col. Thayer, Col. 
 Bowers, Mr. Pickering, and Col. Bacon. Ibid., 224. 
 On the 4th March, the bill was returned as " pafled 
 in Council with Amendments." Ibid., 226. On the 
 5th, the Houfe voted to concur with the Council, 
 ibid., 228 ; and on the 7th, pafled the bill to be enacted. 
 ibid., 237. On the 8th, it received th.ej5.nal fanction 
 of the Council, and only required the approval of the 
 Governor to become a law. That approval, however, 
 it failed to obtain ; the only reafon given in the record 
 being cc the Secretary faid [on returning the approved 
 bills] that his Excellency had not had time to confider 
 the other Bills that had been laid before him." 1 Ibid., 
 243. Compare alfo for Council proceedings, General 
 Court Records, xxx., 248, 264. 
 
 To this hiftory, derived from the records, we are 
 fortunately able to add a copy of the Bill itfelf, which 
 is preferved in the Mafs. Archives, Dome/lie Relations, 
 1643-1774, Vol. 9, 457. 
 
 1 The General Court was prorogued March 9th, and diflblved March 
 3oth, 1774. General Court Records, xxx., 280-81. 
 
138 Notes on the Hi/lory of 
 
 ANNO REGNI REGIS GEORGII TERTII &c DECIMO QUARTO 
 
 AN ACT to prevent the importation of Negroes or other Perfons as 
 Slaves into this Province ; and the purchaiing them within the 
 fame; and for making provifion for relief of the children of fuck 
 as are already fubjefted to Jlavery Negroes Mulattoes & Indians 
 born within this Province. 
 
 WHEREAS the Importation of Perfons as Slaves into this Province 
 has been found detrimental to the intereft of his Majefty s fubjedls 
 therein; And it being apprehended that the abolition thereof will be 
 beneficial to the Province 
 
 Be it therefore Enacted by the Governor Council and Houfe of 
 Reprefentatives that whofoever mail after the Tenth Day of April next 
 import or bring into this Province by Land or Water any Negro or 
 other Perfon or Perfons whether Male or Female as a Slave or Slaves 
 fhall for each and every fuch Perfon fo imported or brought into this 
 Province forfeit and pay the fum > of one hundred Pounds to be recov 
 ered by prefentment or indiclment of a Grand Jury and when fo 
 recovered to be to his Majefty for the ufe of this Government : or by 
 action of debt in any of his Majefty s Courts of Record and in cafe of 
 fuch recovery the one moiety thereof to be to his majefty for the ufe 
 of this Government the other moiety to the Perfon or Perfons who 
 fhall fue for the fame. 
 
 And be it further Enacted that from and after the Tenth Day of 
 April next any Perfon or Perfons that mall purchafe any Negro or 
 other Perfon or Perfons as a Slave or Slaves imported or brought into 
 this Province as aforefaid fhall forfeit and pay for every Negro or other 
 Perfon fo purchafed Fifty Pounds to be recovered and difpofed of in the 
 fame way and manner as before diredled. 
 
 And be it further Enacted that every Perfon, concerned in im 
 porting or bringing into this Province, or purchafmg any fuch Negro 
 or other Perfon or Perfons as aforefaid within the fame ; who fhall be 
 unable, or refufe, to pay the Penalties or forfeitures ordered by this 
 A61 ; fhall for every fuch offence fuffer Twelve months imprifonment 
 without Bail or mainprife, 
 
 Provided allways that nothing in this aft contained fhall extend to 
 fubjedl to the Penalties aforefaid the Maftej-s, Mariners, Owners or 
 
Slavery in Majfachufetts. 139 
 
 Freighters of any fuch Veflel or Veflels, as before the faid Tenth Day 
 of April next ihall have failed from any Port or Ports in this Province, 
 for any Port or Ports not within this Government, for importing or 
 bringing into this Province any Negro or other Perfon or Perfons as 
 Slaves who in the profecution of the fame voyage may be imported or 
 brought into the fame. Provided he mail not offer them or any of 
 them for fale. 
 
 Provided alfo that this a6l (hall not be conftrued to extend to any 
 fuch Perfon or Perfons, occafionally hereafter coming to refide within 
 this Province, or paffing thro the fame, who may bring fuch Negro or 
 other Perfon or Perfons as neceflary fervants into this Province pro 
 vided that the ftay or refidence of fuch Perfon or Perfons mail not 
 exceed Twelve months or that fuch Perfon or Perfons within faid time 
 fend fuch Negro or other Perfon or Perfons out of this Province there 
 to be and remain, and alfo that during faid Refidence fuch Negro or 
 other Perfon or Perfons mall not be fold or alienated within the fame. 
 V And be it further Enabled and declared that nothing in this ad 
 contained Jhall extend or be conftrued to extend for retaining or hold 
 ing in perpetual fervitude any Negro or other Perfon or Perfons 
 now in/laved within this Province but that every fuch Negro or 
 other Perfon or Perfons Jhall be intituled to all the Benefits fuch 
 Negro or other Perfon or Perfons might by Law have been intituled 
 to, in cafe this ad had not been made. 
 
 In the Houfe of Reprefentatives March 2, 1774. Read a firft & 
 fecond Time. March 3, 1774. Read a third Time & pafled to be 
 engrofTed. Sent up for Concurrence. 
 
 T. GUSHING, Spkr. 
 
 In Council March 3, 1774. Read a firft Time. 4. Read a fecond 
 Time and pafled a Concurrence to be EngrofTed with the Amend 
 ment at y dele the whole Claufe. Sent down for Concurrence. 
 
 THOS. FLUCKER, Secry. 
 
 In the Houfe of Reprefentatives March 4, 1774. Read and con 
 curred. 
 
 T. GUSHING, Spkr. 
 
 That portion of the title to the bill which we have 
 
140 Notes on the Hiftory of 
 
 italicized is ftricken out in the original. We have 
 alfo retained and italicized the claufe which was 
 flricken out by the amendment of the Council. They 
 form a part of the hiftory of the bill, though not of 
 the bill itfelf as " paffed to be enafted." 
 
 Such was the r.efponfe of the Great and General 
 Court of MafTachufetts to the petition of her negro- 
 flaves in 1773-4. They prayed that they might be 
 cc liberated from a State of Bondage, and made Free 
 men of the Community ; and that this Court would 
 give and grant to them fome part of the unimproved 
 Lands belonging to the Province for a Settlement, or 
 relieve them in fuch other Way as mall feem good arid 
 wife upon the Whole." Not one of their prayers was 
 anfwered. It would feem that an attempt was made 
 to include in the bill, an indirect legiflative approval 
 of fome of the doctrines maintained by Counfel for 
 the negroes in the " freedom fuits ;" but even this 
 failed ; and a prohibitory act againft the importation 
 of flaves was offered to the Governor for his ap 
 proval, which it was known beforehand could not be 
 obtained. 
 
 Whether Hutchinfon had actually received an in- 
 ftruction from the Crown on the fubject at this time 
 or not, there is no room for doubt as to the general 
 policy of Great Britain. She had aided her colonial 
 offspring to become flaveholders ; me had encouraged 
 her merchants in tempting them to acquire flaves ; 
 me herfelf excelled all her competitors in flave- 
 ftealing ; and from the reign of Queen Anne, the 
 flave-trade was among her moft envied and cherimed 
 monopolies, its protection and increafe being a princi- 
 
Slavery in Maffachujetts. 141 
 
 pal feature in her commercial policy. The great 
 " distinction " of the Treaty of Utrecht, as the Queen 
 expreffly called it, was that the Afliento or Contract 
 for furniming the Spanim Weft Indies with Negroes, 
 mould be made with England, for the term of thirty 
 years, in the fame manner_as it had been enjoyed by 
 the French for ten years before. Queen s Speech, 
 6 June, 1712. 
 
 This was what her great ftatesmen and divines of 
 the Church of England were fo eager and proud to 
 fecure for their country ! For all her facrifices in the 
 war, the millions of treafure she had fpent, the blood 
 of her children fo prodigally fhed, with the glories of 
 Blenheim, of Ramillies, of Oudenarde, and Malpla- 
 quet, England found her confolation and reward in 
 seizing and enjoying, as the lion s fhare 1 of refults of 
 the Grand Alliance againft the Bourbons, the exclu- 
 five right for thirty years of felling African flaves to 
 the Spanim Weft Indies and the Coaft of America ! 
 Compare Macknighfs Bolingbroke, 346-8. Who will 
 wonder that men who had thus been taught to believe 
 cc that the Negro-Trade on the Coaft of Africa was 
 the chief and fundamental fupport of the Britim 
 Colonies and Plantations " in America, mould frown 
 upon legiflation in the colonies fo utterly inconfiftent 
 with the interefts of Britim Commerce, or that the 
 
 1 By the articles of the Grand Alliance, England and all the other states 
 fubfcribing them were pledged neither to enter into any feparate treaty 
 with the enemy, nor feek to negotiate for themfelves any exceptional privi 
 lege to the exclufion of the other members of the Confederacy. Of courfe 
 this obligation was totally difregarded by England, who infisted on the 
 conceflion of the Afliento Contrail by France and Spain before the pro- 
 pofals for peace were even communicated to the rest of the Allies ! 
 
142 Notes on the Hiftory of 
 
 modeft efforts of Maffachufetts in 1774, fhould be 
 met by Hutchinfon and Gage with the fame fpirit 
 which, in 1775, dictated the reply of the Earl of 
 Dartmouth to the earner! remonftrance of the Agent 
 of Jamaica againft the policy of the government : 
 cc We cannot allow the colonies to check or dis 
 courage, in any manner, a traffic fo beneficial to the 
 nation." Bridges Jamaica, n., 475. Notes. 
 
 We cannot be accufed of belittling the refiftance 
 thus prefented to any colonial interference with the 
 flave-trade, when we exprefs our regret that the legis 
 lative annals of Maflachufetts record no attempt to 
 repeal the local laws by which flavery had been 
 eftablifhed, regulated, and maintained. Such a mea- 
 fure, which mould alfo have granted the relief prayed 
 for by the negroes in their petition, and embodied the 
 wife fuggeflions of the town of Leicefter (ante, p. 133), 
 might well have encountered lefs ferious oppofition 
 from the fervants of the Crown than this twice-re 
 jected non-importation act of 1774. l 
 
 In the brief feflion of the General Court at Salem, 
 in June, 1774, after Hutchinfon s fucceflbr, Gage, the 
 laft Royal Governor, had commenced his adminiftra- 
 tion, the fame bill fubftantially, for the variations are 
 unimportant, was hurried through the forms of legis 
 lation. It was introduced, read a firft, fecond, and 
 third time, and pafled to be engrofTed on the fame day, 
 
 1 The rhetorical flourifties with which Lord Mansfield ornamented his 
 decifion in the famous cafe of Somerfet would have furnimed an excellent 
 preamble to fuch an aft. The cafe was well known in Maflachufetts, 
 having been reprinted more than once. But the General Court of Mafla 
 chufetts had no more intention than Lord Mansfield had power to abolifh 
 flavery at that period. 
 
Slavery in Maffachujetts. 143 
 
 loth June. Journal^ 27. On the i6th, the engroffed 
 bill was read and pafTed to be enaded. Ibid., 41. In 
 the Council, on the fame day, it was read a third time 
 and pafled a concurrence to be enacted. Gen. Court 
 Records, xxx., 322. On the following day, June iyth, 
 the General Court was diffolved. Like that of which 
 it was a copy, the bill appears cc not to have been con- 
 fented to by the Governor." 
 
 The fad is not to be difguifed that thefe efforts 
 were political movements againft the government as 
 much as anything elfe. Sympathy for the flave, and 
 moral fcruples againft flavery, became lefs urgent and 
 troublefome after the royal negative had become 
 powerlefs againft the legiflation of the people of 
 Maffachufetts. The fad that mofl of the States were 
 flow or relaxed their efforts, after the power came into 
 their hands, and they were "uncontrolled by the 
 adion of the Mother Country," would not diminifh 
 the credit due to Maffachufetts, if me had taken the 
 lead and maintained it. But that honor is not hers ! 
 Nor did the feparate adion of any of the States 
 effectually limit, much lefs deftroy, this infamous 
 traffic. 
 
 The Continental Affociation, adopted and figned 
 by all the members of the Congrefs on the 2oth of 
 Odober, 1774, for carrying into effect the non-impor 
 tation, non-confumption, and non-exportation refolve 
 of the 27th of September, provided for the difcon- 
 tinuance of the Slave-Trade. The Continental Con 
 grefs, on the 6th of April, 1776, formally cc Rejol- 
 ved, That no flave be imported into any of the 
 thirteen United Colonies." . There is reafon to be- 
 
144 Notes on the Hiftory of 
 
 lieve that this resolution received the unanimous 
 aSTent of the Congrefs. Force s Dec. of Independence, 
 p. 42. But no provifion was made in the Articles of 
 Confederation to hinder the importation of Slaves, and 
 this pernicious commerce was never abfolutely crufhed 
 until the power of the nation was exercifed againSl it 
 under the authority of the Conftitution. 
 
 Slavery, however, was not forgotten or neglected 
 for want of notice. In the firft Provincial Congrefs 
 of MaSTachufetts, October 25, 1774, 
 
 " Mr. Wheeler brought into Congrefs a letter di 
 rected to Doct. Appleton, purporting the propriety, 
 that while we are attempting to free ourfelves from 
 our prefent embarraSTments, and preferve ourfelves 
 from Slavery, that we alfo take into consideration the 
 Slate and circumSlances of the negro Slaves in this pro 
 vince. The fame was read, and it was moved that a 
 Committee be appointed to take the fame into con 
 sideration. After fome debate thereon, the queftion 
 was put, whether the matter now fubSlde, and it 
 paSTed in the affirmative." Journals, 29. 
 
 In May, 1775, the Committee of Safety (Han 
 cock and Warren s Committee) came to a formal 
 refolution, which is certainly one of the moSl Signifi 
 cant documents of the period. 
 
 " Refolded, That it is the opinion of this Com 
 mittee, as the conteSl now between Great Britain and 
 the Colonies refpects the liberties and privileges of 
 the latter, which the Colonies are determined to 
 maintain, that the admiSTion of any perfons, as fol- 
 diers, into the army now raising, but only fuch as are 
 freemen, will be inconSlflent with the principles that 
 
Slavery in Majfachufetts. 145 
 
 are to be fupported, and reflect dishonor on this 
 Colony, and that no flaves be admitted into this army 
 upon any confideration whatever." 
 
 This refolution being communicated to the Pro 
 vincial Congrefs (June 6, 1775), was read, and ordered 
 to lie on the table for further confideration. It was 
 probably allowed to cc fubfide," like the former pro- 
 pofition. The prohibition againft the admiffion of 
 flaves into the Maflachufetts Army clearly recognizes 
 flavery as an exifting inftitution. 
 
 The negroes of Briflol and Worcefter having 
 petitioned the Committee of Correfpondence of the 
 latter county to aflift them in obtaining their free 
 dom, it was refolved, in a Convention held at Wor 
 cefter, June 14, 1775, " That we abhor the enflaving 
 of any of the human race, and particularly of the 
 negroes in this country, and that whenever there 
 mall be a door opened, or opportunity prefent for 
 anything to be done towards the emancipation of the 
 negroes, we will ufe our influence and endeavor that 
 fuch a thing may be brought about." Lincoln s Hift. 
 of Wore efter, no. 
 
 The high tory writers of 1775 were not flow to 
 avail themfelves of the argument of inconfiftency 
 againft the whigs of the day. One writer faid: 
 
 " Negroe flaves in Bofton ! It cannot be ! It is 
 neverthelefs very true. For though the Boftonians have 
 grounded their rebellions on the c immutable laws of 
 nature/ and have refolved in their Town Meetings, that 
 * It is the firft principle in civil fociety, founded in 
 nature and reafon, that no law of fociety can be binding 
 on any individual, without his confent given by himfelf 
 10 
 
146 Notes on the Hiftory of 
 
 in perfon, or by his reprefentative of his own free 
 election ; yet, notwithftanding the immutable laws 
 of nature, and this public refolution of their own in 
 Town Meetings, they actually have in town two 
 thoufand Negroe flaves, who neither by themfelves in 
 perfon, nor by reprefentatives of their own free elec 
 tion ever gave confent to their prefent ftate of bond 
 age." Meins Sagittarius s Letters, pp. 38, 39. 
 
 On June 5th, 1774, two difcourfes on liberty were 
 delivered at the North Church in Newburyport, by 
 Nathaniel Niles, M. A., which were printed in a 
 pamphlet of fixty pages. A brief paflage near the 
 clofe of the firft difcourfe prefents a ftrong argument 
 againft the inftitution. pp. 37, 38. 
 
 In 1774, Deacon Benjamin Colman, of Byfield 
 Church, Newbury, Maflachufetts, made himfelf con 
 spicuous in his neighborhood by his exertions againft 
 flavery. In the Eflex Journal, of Newburyport, 
 July 20, 1774, an eflay of his was published, in which 
 he fays : 
 
 1 cc And this iniquity is eftabliftied by law in this 
 province, and although there have been fome feeble 
 attempts made to break the yoke and fet them at 
 liberty, yet the thing is not effected, but they are ftill 
 kept under the civil yoke of bondage. Coffin s New 
 bury, 340. 
 
 In the following year, Sept. 16, 1775, the fame 
 zealous deacon addreffed a letter to a member of the 
 General Court, " by whom (he thought) this idolatry 
 mould be thrown down, and a reformation take place 
 by the authority of that legiflative power." His 
 appeals to the love of freedom, which was then the 
 
Slavery in Maffachufetts. 147 
 
 cry of the whole land, are moft forcible, and his ftrong 
 fears of the further judgments of God as a confe- 
 quence of this cc capital fin of thefe States," flavery, 
 are full of warning. He concludes with the follow 
 ing paragraph, which is not lefs interefling in this 
 connection from the fpecial reference to Bofton in 
 his pious improvement of an important fad already 
 fet forth in thefe Notes : 
 
 <c But, Sir, you may be ready too haftily to con 
 clude from this writing that my mind is fo fattened 
 upon the flave-trade, as if it were the only crime that 
 we were chargeable with, or that God was chaftening 
 us for. As I have faid before, fo fay I again, our 
 tranfgreffions are multiplied, but yet this crime is 
 more particularly pointed at than any other. WAS 
 
 BOSTON THE FIRST PORT ON THIS CONTINENT THAT 
 
 BEGAN THE SLAVE-TRADE, and are they not the firft Jhut 
 up by an oppreffive att y and brought almoft to defolation, 
 wherefore, Sir y though we may not be peremptory in apply 
 ing the judgments of God, yet I cannot pajs over fuch 
 providences without a remark. But to conclude. I 
 entreat and befeech you by all the love you have for 
 this town, by all the regard you have for this diftrefled, 
 bleeding province, as for the American Colonies in 
 general, that you exert yourfelf, and improve your 
 utmoft endeavors at the Court to obtain a difcharge 
 for the flaves from their bondage. If this was done, 
 I mould expect fpeedy deliverance to arife to us, but 
 if this opprejjion is flill continued and maintained by 
 authority, I can only fay, my foul mall weep in fecret 
 places for that crime." Ibid. y 342. 
 
148 Notes on the Hi/lory of 
 
 VII. 
 
 IN the autumn of 1776, fympathy for the flave in 
 Maflachufetts received a frefh impulfe. Two negro 
 men, captured on the high feas, were advertifed for 
 fale at auction, as a part of the cargo and appurte 
 nances of a prize duly condemned in the Maritime 
 Court. 1 This advertifement roufed the fpirit of 
 hoftility to flavery to a remarkable degree, and the 
 Legiflature were excited to begin the work of reform 
 apparently with great earneftnefs and vigor. 
 
 On Friday, Sept. 13, 1776, at the afternoon 
 feffion, the Maflachufetts Houfe of Reprefentatives 
 
 " Refohed, That Wednefday next, at three o clock 
 in the afternoon, be afligned for choofing a committee 
 to be joined with a Committee of the Honorable 
 Board, to take under confideration the condition of 
 the African Slaves, now in this State, or that hereafter 
 may be brought into it, and to report." Jour. H. of 
 
 R.y 105. 
 
 We find no record of proceedings in accordance 
 with this refolution until a little more than a month 
 later, when, on the i9th of October, 1776, it was 
 "Ordered, that Mr. Sergeant, Mr. Murrey, Mr. 
 Appleton, and Capt. Stone, with fuch as the honorable 
 
 1 This was the Hannibal, a floop of fixty tons, commanded by William 
 Fitzpatrick, and taken while on a voyage from Jamaica to Turk s Island- 
 Am. Archives, v., in., 258. An advertifement in the Nenv England 
 Chronicle, Auguft 15, 1776, announces the Maritime Court for y e Middle 
 Diftrift to be held at Bofton, 5th September, 1776, to try the Juftice of the 
 Capture of the Sloop called the Hannibal, etc., and her Cargo and Appur 
 tenances. 
 
Slavery in Maffachufetts. 149 
 
 Houfe may join be a Committee to take under con- 
 fideration the condition of the African flaves now in 
 this State [or that may be hereafter brought into this 
 State] or may be hereafter brought into it and report." 
 Journal H. of R., p. 127. This refolution was con 
 curred in by the Council, and William Sever, Benja 
 min Greenleaf, and Daniel Hopkins, Efqrs., were 
 joined on the part of the Board. Gen. Court Records, 
 Vol. xxxiii., p. 55. We have made diligent fearchfor 
 further action under this refolution and appointment 
 of the Committee, but have failed to difcover any 
 trace of it. The matter was probably "allowed to 
 fubiide " again. 
 
 On the fame day, however, in which the Houfe 
 firft determined to give attention to the condition of 
 the African {laves, on the ijth of September, 1776, 
 their refolution to that effect was immediately followed 
 by another " to prevent the fale of two negro men 
 lately brought into this State, as prifoners taken on 
 the high feas, and advertifed to be fold at Salem, the 
 1 7th inft., by public auction." Journal^ p. 105. The 
 refolve does not appear on the Journal, but from the 
 files preserved among the Archives of the State, we 
 are enabled to prefent it as thus originally patted, 
 viz. : 
 
 "!N THE HOUSE OF REPRESENTATIVES, SEPT. 13, 1776: 
 
 " WHEREAS this Houfe is credibly informed that two negro men lately- 
 brought into this State as prifoners taken on the High Seas are adver 
 tifed to be fold at Salem, the 1 7th inftant, by public auftion, 
 
 " Rtfolved, That the felling and enflaving the human fpecies is a 
 
150 Notes on the Hiftory of 
 
 direft violation of the natural rights alike vefted in all men by their 
 Creator, and utterly inconiiftent with the avowed principles on which 
 this and the other United States have carried their ftruggle for liberty 
 even to the laft appeal, and therefore, that all perfons connected with 
 the faid negroes be and they hereby are forbidden to fell them or in 
 any manner to treat them otherways than is already ordered for the 
 treatment of prifoners of war taken in the fame veflell or others in the 
 like employ and if any fale of the faid negroes mail be made, it is here 
 by declared null and void. 
 
 " Sent up for concurrence, 
 
 " SAMI*. FREEMAN, Speaker, P. T. 
 
 "In Council, Sept. 14, 1776. Read and concurred as taken into a 
 new draught. Sent down for concurrence. 
 
 JOHN AVERY, Dpy. Secy. 
 
 "In the Houfe of Reprefentatives, Sept. 14, 1776. Read and non- 
 concurred, and the Houfe adhere to their own vote. Sent up for 
 concurrence. 
 
 J. WARREN, Speaker. 
 
 "In Council, Sept. 16, 1776. Read and concurred as now taken into as 
 new draft. Sent down for concurrence. 
 
 JOHN AVERY, Dpy. Secy. 
 
 "In the Houfe of Reprefentatives, Sept. 16, 1779. Read and con 
 curred. 
 
 J. WARREN, Speaker. 
 ff Confented to. 
 
 JER. POWELL, JABEZ FISHER, 
 
 W. SEVER, B. WHITE, 
 
 B. GREENLEAF, MOSES GILL, 
 
 CALEB GUSHING, DAN L. HOPKINS, 
 
 B. CHADBOURN, BENJ. AUSTIN, 
 
 JOHN WHETCOMB, WM. PHILLIPS, 
 
 ELDAD TAYLOR, D. SEWALL, 
 
 S. HOLTEN, DAN L HOPKINS." 
 
 We give a more particular account of the legifla- 
 tive hiftory and progrefs of this refolve, derived from 
 the journals. 
 
Slavery in Majfachufetts. 151 
 
 The fubjed: reappears on the Journal of the Houfe 
 of the I4th September, as follows : 
 
 " David Sewall, Efq., brought down the refolve 
 which patted the Houfe yefterday, forbidding the fale 
 of two negroes, with the following vote of Council 
 thereon, viz. : In Council, Sept. 14, 1776. Read and 
 concurred, as taken into a new draught. Sent down 
 for concurrence. Read and non-concurred, and the 
 Houfe adhere to their own vote. Sent up for con 
 currence." Ibid., 1 06. 
 
 The members of the Council prefent on the I4th 
 September, 1776, were 
 
 JAMES BOWDOIN, MOSES GILL, 
 
 BENJAMIN GREENLEAF, BENJAMIN AUSTIN, 
 
 RICHARD DERBY, SAMUEL HOLTEN, 
 
 JER. POWELL, BENJAMIN WHITE, 
 
 CALEB CUSHING, HENRY GARDNER, 
 
 BENJAMIN CHADBURN, JABEZ FISHER, 
 
 WILLIAM SEAVER, WILLIAM PHILLIPS, 
 
 JOHN WINTHROP, DAVID SEWALL, 
 
 THOMAS CUSHING, JOSEPH CUSHING, 
 
 ELDAD TAYLOR, DANIEL HOPKINS. 
 General Court Records, etc., p. 581. 
 
 The Council Minutes, as contained in the General 
 Court Records, March 13, 1776 Sept. 18, 1776,^. 
 5812, under the date of September I4th, 1776, give 
 the refolve as finally patted, with the addition, cc In 
 Council. Read and concurred. Confented to by the 
 major part of the Council." This, however, is an 
 error, as appears not only from the entry on the 
 
152 Notes on the Hiftory of 
 
 Journal of the Houfe and the original document from 
 the files as given above, but alfo from the following 
 minute of the Council in the fame volume of Records. 
 Under date of i6th September the following mem 
 bers of Council being prefent, 
 
 JER. POWELL, BENJAMIN GREENLEAF, 
 
 JOHN WINTHROP, ELDAD TAYLOR, 
 
 JNO. WHETCOMB, WILLIAM PHILLIPS, 
 
 WILLIAM SEAVER, CALEB CUSHING, 
 
 BENJAMIN CHADBURN, SAMUEL HOLTEN, 
 
 JABEZ FISHER, DAVID SEWALL, 
 
 Rev. Mr. [John] Murray came up with a Meflage 
 from the Houfe to acquaint the Board that it was 
 their defire to know whether the refolve refpecting 
 the fale of Negroes at Salem had parTed. 
 
 David Sewall, Efq., went down with a mefTage to 
 acquaint the Hon. Houfe that it was under confidera- 
 tion of the Board. Ibid., pp. 585, 589. 
 
 On the fame day, i6th September, 1776, the final 
 difpofition of the matter in the Houfe is thus recorded 
 in their journal. 
 
 " John Whitcomb, Efq., brought down the refolve 
 forbidding the fale of two negroes, with the following 
 vote of Council thereon, viz. : In Council, Sept. 16, 
 1776. Read and concurred, as now taken into a new 
 draught. Sent down for concurrence. Read and 
 concurred." Ibid. y 109. The refolve, as finally 
 pafled by the General Court, appears in the printed 
 volume of refolves for that period. 
 
Slavery in Majfachufetts. 153 
 
 "LXXXIII. Refolve forbidding the fale of two Negroes brought in as 
 Prifoners; Pafled September 14, [i6th,] 1776. 
 
 " Whereas this Court is credibly informed that two Negro Men 
 lately taken on the High Seas, on board the floop Hannibal, and 
 brought into this State as Prifoners, are advertized to be fold at Salem, 
 the 1 7th inftant, by public Auction : 
 
 " Refolved, That all Perfons concerned with the faid Negroes be, 
 and they are hereby forbidden to fell them, or in any manner to treat 
 them otherwife than is already ordered for the Treatment of Prifoners 
 taken in like manner ; and if any Sale of the faid Negroes mall be 
 made it is hereby declared null and void ; and that whenever it mall 
 appear that any Negroes are taken on the High Seas and brought as 
 Prifoners into this State, they mall not be allowed to be Sold, nor 
 treated any otherwife than as Prifoners are ordered to be treated who 
 are taken in like Manner." Rejblves^ p. 14. 
 
 The high-toned, bold, and unequivocal declaration 
 of anti-flavery principles, with which it originally fet 
 out, is gone ; but it is flill the mofl honorable docu 
 ment of MafTachufetts legiflation concerning the 
 negro. To appreciate its importance and properly to 
 underftand this fubjecl: of negro captures and recap 
 tures, it is neceflary to extend our inquiry beyond the 
 limits of the legiflation of a fingle Colony ; and we 
 mall therefore make no apology for prefenting to the 
 reader in this place the refults of our examination of 
 the national legiflation and action with reference 
 thereto, 
 
 Its practical importance was obvious, and the 
 neceflity of an uniform rule was too apparent to 
 admit of a doubt. Accordingly the Continental Con- 
 grefs, on the I4th of October, 1776 jufl one month 
 after the proceedings in the Legiflature of MafTachu- 
 
1 54 Notes on the Hiftory of 
 
 fetts concerning the two negroes captured in the 
 Hannibal appointed a fpecial Committee of three 
 members (Mr. Rich. Henry Lee, Mr. Wilfon, and 
 Mr. Hall) <c to conSider what is to be done with Ne 
 groes taken by veffels of war, in the fervice of the 
 United States." We have found no report of this 
 Committee, nor are we able to fay what action, if any, 
 was taken until a later period of the war. 
 
 The Continental Congrefs, by refolutions of 25th 
 November, 1775, had recommended it to the feveral 
 Legislatures to erect Courts, or give jurifdiction to the 
 Courts in being, for the purpofe of determining con 
 cerning captures. Still, from the beginning, Congrefs 
 exercifed the power of controlling, by appeal, the 
 feveral admiralty jurifdidions of the States. Journal, 
 6th March, lid May, 1779, lift March, ^th May, 
 1780. Journal H. of R. Pa., Jan. 31, 1780. 
 
 Congrefs had prefcribed a rule of the distribution 
 of prizes, and an early act of MaSTachufetts is curiouSly 
 illustrative of the doctrine of a divided fovereignty. 
 By Chapter XVI. of the laws of 1776, it was provi 
 ded that diftribution Should take place according to 
 the Laws of this Colony, when prizes were taken by 
 the Forces or the Inhabitants thereof; and when they 
 Shall be taken by the fleet and army of the United 
 Colonies, then to distribute and difpofe of them ac 
 cording to the Refolves and Orders of the Congrefs. 
 Compare Chapter x., 1776, and Chapter i., 1775, p. 9. 
 
 MaSTachufetts ratified the Articles of Confedera 
 tion in 1778, and the confederation was completed 
 March iSt, 1781. The ninth article gave to the 
 United States in Congrefs aSTembled the fole and ex- 
 
Slavery in Maffachujetts. 155 
 
 clufive right of eftablifhing rules for deciding, in all 
 cafes, what captures on land or water fhall be legal, 
 and in what manner prizes taken by land or naval 
 forces in the fervice of the United States fhall be 
 divided or appropriated, as well as eftablifhing courts 
 for receiving and determining finally appeals in all 
 cafes of captures. 
 
 Accordingly, Congrefs proceeded to legiflate on 
 the fubjed, and, during the year 1781, completed an 
 ordinance, afcertaining what captures on water fhall 
 be lawful, in purfuance of the powers delegated by the 
 confederation in fuch cafes. On the 4th of June, 
 1781, an ordinance was reported for eftablifhing a 
 court of appeals, etc. On the 25th of the fame 
 month the fubject was difcuffed, and, on the I7th of 
 July, 1781, the ordinance having been further de 
 bated, was recommitted, and the committee were 
 inftructed to prepare and bring an ordinance for regu 
 lating the proceedings of the admiralty courts of the 
 feveral States in cafes of capture, to revife and colled: 
 into one body the refolutions of Congrefs and other 
 convenient rules of decifion, and to call upon the 
 feveral Legiflatures to aid by necefTary provifions the 
 powers referved to Congrefs by the Articles of Con 
 federation on the fubject of captures from the enemy. 
 On the 2ift of September, 1781, Congrefs refumed 
 the fecond reading of the ordinance refpecling cap 
 tures, and on the queftion to agree to the following 
 paragraph, the yeas and nays were required by Mr. 
 Matthews, of South Carolina : " On the recapture by 
 a citizen of any negro, mulatto, Indian, or other 
 perfon from whom labor or fervice is lawfully claimed 
 
156 Notes on the Hiftory of 
 
 by another citizen, fpecific reftitution fhall be adjudged 
 to the claimant, whether the original capture fhall 
 have been made on land or water, a reafonable falvage 
 being paid by the claimant to the recaptor, not exceed 
 ing one-fourth part of the value of fuch labor or 
 fervice, to be eftimated according to the laws of the 
 State of which the claimant fliall be a citizen : but if the 
 fervice of fuch negro, mulatto, Indian or other perfon, 
 captured below high water mark, mail not be legally 
 claimed by a citizen of thefe United States^ he mall be fet 
 at liberty." 
 
 It was adopted by a vote of twenty ayes to two 
 noes. Both noes were from the South Carolina 
 delegates. By the method of voting in that Congrefs, 
 the vote was feven States in the affirmative, and one 
 in the negative four States not voting. The affirma 
 tive States were Georgia, Virginia, Maryland, Penn- 
 fylvania, New York, Rhode liland, and Maflachufetts. 
 States not voting, North Carolina , Delaware, New 
 Jerfey, and Connecticut, although all their delegates 
 prefent voted in the affirmative. On the 2yth Sep 
 tember, when the ordinance came up for a third read 
 ing, an attempt was made to obtain a fecond vote on 
 this paragraph, but it was ruled to be out of order. 
 The ordinance was farther debated November 8, 13, 
 30, and fome important changes were made, which 
 will appear on comparifon of the pafTages in italics. 
 It was finally pafled, apparently without oppofition, 
 on the 4th of December, 1781, as follows: 
 
 " On the recapture by a citizen of any negro, 
 mulatto, Indian, or other perfon, from whom labor 
 or fervice is lawfully claimed by a State or a citizen of 
 
Slavery in Maffachujetts. 157 
 
 a State, fpecific reftitution fhall be adjudged to the 
 claimant, whether the original capture fhall have been 
 made on land or water, and without regard to the time 
 of poffeffion by the enemy, a reafonable falvage being paid 
 by the claimant to the recap tor, not exceeding i~4th 
 of the value of fuch labor or fervice, to be eftimated 
 according to the laws of the State under which the claim 
 /hall be made. 
 
 cc But if the fervice of fuch negro, mulatto, Indian, 
 or other perfon, captured below high water mark, 
 mall not be legally claimed within a year and a day 
 from thejentence of the Court, he mail be fet at liberty." 
 Thus the action of the legiflative authorities colonial 
 or ftate and continental or national was virtually an 
 affirmation of the received law on the fubject, which 
 was founded on the doctrine of poft liminium derived 
 from the civil law. 
 
 This, however, applied only to recaptures. There 
 is no fpecial provifion for cafes of capture of ilaves 
 belonging to the enemy to whom probably the old 
 doctrine was held to apply, that they were lawful prize, 
 and as fuch liable to fale for the benefit of the 
 captors. This had been the general, if not univerfal, 
 rule. 
 
 Sir Leoline Jenkins, in a letter written in 1674, 
 refpecting negroes in a Dutch prize-veflel, fays that it 
 will not be controverted that on the ilatute of Prize 
 " negroes are to be reputed Goods and merchandizes 
 in this mip, as they are, generally fpeaking, a part of 
 the commerce of thofe parts." Wynne s Life of Sir L. 
 Jenkins, $. 707, quoted by John C. Hurd. 
 
 Negroes, captured in Canada, during the wars 
 
158 Notes on the Hiftory of 
 
 between the Englifh and French, were fent to the 
 Weft India I {lands for fale. Col. Doc., x., 131.; bis, 
 138, 140. In 1747, the Englifh having captured a 
 negro fervant, the French took pains to reclaim him, 
 but the Englifh refufed to furrender him on the 
 ground that every negro is a Jlave, wherever he happens 
 to be, and in whatever Country he may refide. N. T. 
 Col. Doc., x., 210. This precedent was referred to in 
 a fimilar cafe in 1750, with a fimilar decifion, which 
 was acquiefced in by both Englifh and French. Ib., 213. 
 See alfo the 47th article of Capitulation for the Sur 
 render of Canada in 1760. N. T. Col. Doc., x., 1118. 
 
 In 1761, upon the reduction of Martinico, Maj.- 
 Gen. Monckton ordered the negroes which were taken 
 to be fold, and the money to be divided amongft 
 the fubalterns attached to his army. Ibid., vin., 
 250. 
 
 During the American War, the flaves of the rebel 
 colonifts were regarded by the Englifh as proper 
 fubjects of prize and booty. The N. E. Chronicle, 
 July 4, 1776, ftates that the "negroes carried off 
 when the [Britifh] Army and Fleet were obliged to 
 evacuate the Town and Harbor [of Bofton] were fent 
 to Louisburgh, to dig Coal for their Tyrannical 
 Mafters. Thefe Blacks, were commanded by a cer 
 tain Captain Lindfey." It was eftimated that not 
 lefs than 30,000 were carried off from Virginia. Hil- 
 dreth, in., 355. Andthoufands were carried off from 
 South Carolina, Georgia, and other States. Mr. Jeffer- 
 fon, in his letter to Gordon, refers to thofe who were 
 fent to the Weft Indies, and exchanged for rum, 
 fugar, coffee, and fruit. Works, 11., 427. 
 
Slavery in Maffachujetts. 159 
 
 In 1779, Sir Henry Clinton iflued the following 
 proclamation : 
 
 " By his Excellency, Sir HENRY CLINTON, K. B., General, and Com 
 mander -in- Chief of all His Majejly s Forces within the Colonies 
 lying on the Atlantic Ocean, from Nova Scotia to Wejl Florida, 
 indufive, &c., &c., &c. : 
 
 PROCLAMATION. 
 
 " WHEREAS, The Enemy have adopted a practice of enrolling 
 NEGROES among their troops : I do hereby give Notice, that all 
 NEGROES taken in Arms, or upon any military Duty, (hall be pur- 
 chafed for [the public fervice at] a ftated price; the Money to be 
 paid to the Captors. 
 
 " But I do moil ftrictly forbid any Perfon to fell or claim Right 
 over any NEGROE, the Property of a Rebel, who may take refuge with 
 any part of this Army : And I do promife to every NEGROE who mall 
 defert the Rebel Standard full Security to follow within thefe Lines any 
 occupation which he fhall think proper. 
 
 " Given under my Hand, at Head-Quarters, 
 PHILIPSBURGH, the 3Oth day of June 
 1779. 
 
 "H. CLINTON. 
 " By his Excellency s Command, 
 
 " JOHN SMITH, Secretary." 
 
 When this proclamation was firft iflued, the words 
 enclofed within brackets were not in it. They were 
 added in the publication two months later with a 
 ftatement that the omiflion was a miflake of the 
 printers. 
 
 This method of dealing with captive negroes was 
 not confined to the Britifh Army at that time. 
 
 At the capture of Stony Point by General Wayne, 
 three negroes were taken among the fpoils, and al 
 though we have not been able to determine what dif- 
 
160 Notes on the Hiftory of 
 
 pofition was finally made of them, the following letter 
 of General Wayne on the fubject is not without inter- 
 eft here. Writing from New Windfor on the 25th 
 July, 1779, to Lieut.-Col. Meigs, he fays : 
 
 cc The wifh of the officers to free the three 
 Negroes after a few Years Service meets my moft 
 hearty approbation, but as the Chance of War or 
 other Incidents may prevent the officer [owner] from 
 Complying with the Intention of the Officers, it will 
 be proper for the purchafer or purchafers to fign a 
 Condition in the Orderly Book. 
 
 " . . . I would chearfully join them in their Im 
 mediate Manumiffion if a few days makes no mate 
 rial difference, I could wifh the fale put off until a 
 Confultation may be had, and the opinion of the 
 Officers taken on this Bufinefs." Dawfons Stony 
 Point, pp. in, 1 1 8. 
 
 The difcuffions which arofe out of the breaches of 
 the Treaty of Peace in 1783, which put negroes on 
 the fame footing with any other article of property, 
 and the fettlement made by Mr. Jay s Treaty in 
 1794, furnifh an authoritative ftatement of the pre 
 vailing views of public law concerning the flatus of 
 negroes. Hamilton, in his Camillus, No. III., fays : 
 
 cc Negroes, by the law of the States, in which 
 flavery is allowed, are perfonal property. They, 
 therefore, on the principle of thofe laws, like horfes, 
 cattle, and other moveables, were liable to become 
 booty and belonged to the enemy [captor] as foon 
 as they came into his hands. " American Remem 
 brancer^ i., 57. 
 
 Gen. Wafhington, the Continental Congrefs, and 
 
Slavery in Maffachujetts. 161 
 
 the Commiflioners appointed by Congrefs in 1783 to 
 fuperintend the embarkation of the Britifh from New 
 York, all concurred in this view. Indeed the Com- 
 miffioners, Egbert Benfon, William S. Smith, and 
 Daniel Parker, mowed conclufively that they had no 
 hefitation in confidering negroes, horfes, and other 
 property, as being precifely on the fame footing ; and 
 felected a claim for a negro as one of the ftrongeft 
 that could be found to enforce a compliance with the 
 ftipulation in the Seventh Article of the Treaty. 
 Nor did the Britifh Miniftry at any period of the 
 negotiations raife any queftion as to this doctrine. 
 
 The differences of opinion, and the arguments of 
 both parties in the National Congrefs, only confirm the 
 fact, which indeed is obvious enough from the language 
 of the Article. This was in 1795, during the firft 
 feflion of the fourth Congrefs, when the Houfe of 
 Reprefentatives embraced many of the ableft men in 
 the country. Debates on the Britifh Treaty, Part n., 
 pp. 129, 147, 253, 2912, 301. Papers relative to 
 Great Britain, pp. 59. 
 
 After the laft war with England fimilar difficulties 
 and difcuffions arofe with reference to the firft article 
 of the Treaty of Ghent, which protected the rights of 
 our citizens in their "flaves or other private pro 
 perty." After a long ftruggle of the characteriftic 
 diplomacy of Great Britain to evade it, a large fum 
 was paid as indemnity for the flaves carried off in 
 violation of the treaty ftipulation. 
 
 The doctrine of prize in negroes fell only with the 
 Slave-Trade, and the Courts of England were very 
 flow to recognife its fall. As late as 1813, Sir William 
 
 1 1 
 
1 62 Notes on the Hiftory of 
 
 Scott condemned one hundred and ninety-nine (laves, 
 as " good and lawful prize to the captors," declaring 
 at the fame time that "flaves are deemed perjonal pro 
 perty, and pafs to the captors under the words of the 
 Prize Act, Goods or Merchandizes/ i Dodfons 
 Reports, 263. 
 
 The earlier! judicial recognition, within our know 
 ledge, of the fact that negroes were no longer to be 
 held and taken as cc good and lawful prize to the 
 captors," was in the United States Diftrict Court, in 
 South Carolina, in July, 1814. It appears that the 
 queflion was regarded as new. The Court previoufly 
 had not proceeded to condemnation of Haves brought 
 in as prize of war ; but ordered their confinement as 
 prifoners. 1 And in fome cafes, they had been received 
 as fuch by the Britifh authority resident at Charlefton. 
 The intereft of parties requiring a formal decifion on 
 the point of prize, the libel was filed, in this cafe, 
 Jofeph Almeida, Captain of the American Privateer 
 Caroline, v. Certain Slaves. Mr. Juftice Drayton faid he 
 had never had any doubt on the fubjed, and declared 
 that cc Slaves captured in time of war cannot be 
 libelled as prize : nor will the Diftrid Court of the 
 United States confider them as prifoners of war. The 
 Court confiders the difpofition of them as a matter 
 of State, in which the judiciary fhould not interfere." 
 Hall s Law Journal, v., 459. 
 
 In view of all thefe fads, the MafTachufetts Re- 
 folve of September i6th, 1776, juftly challenges our 
 admiration. It lights up the dreary record with a 
 
 1 They were informally confidered as prifoners, not fo decreed by 
 Court. 
 
Slavery in Maffachujetts. 163 
 
 fudden and brilliant glare, as of a light mining in 
 great darknefs. Although morn of its magnanimous 
 declaration of principles, in its progrefs through the 
 legiflature, its terms would ftill introduce a new theory 
 and practice into the law of nations, annihilating the 
 doctrine of prize in negroes, which had been every 
 where maintained before, and which continued with 
 out queflion elfewhere. If it was really adhered to, 
 it deferves all the honor that has been claimed for it 
 as a long ftride in advance of all the world in civiliza 
 tion and humanity. But the Legiflature of Mafla- 
 chufetts could only regulate the action of their own 
 prize Courts and their own citizens, and did not at 
 that time attempt to give law to the whole continent. 
 They then recognized the fact that they could not 
 diveft the title of flave-owners in the other Colonies 
 in captured flaves, and their obligation to reftore them 
 in cafes of recapture. Called upon to deal with a 
 larger number of negroes, under circumftances more 
 embarramng than in the cafe already detailed, they 
 appear to have been fatisfied with their own declared 
 pofition, and did not attempt to extend the principle 
 of their new rule to all negro flaves who came or were 
 brought within their jurifdiction. 
 
 In the month of June, 1779, the prize-mip, 
 Victoria, was brought into the port of Bofton. The 
 Victoria was a Spanifh {hip which had cleared from 
 South Carolina for Cadiz. On her paflage me was 
 attacked by an Englifh privateer, made a fuccefsful 
 refiftance, and captured her aflailant, who had on 
 board thirty-four negroes which had been taken from 
 the plantations of feveral gentlemen in South Carolina. 
 
164 Notes on the Hiftory of 
 
 The Spaniard, after taking the negroes on board and 
 injuring the veffel, difmifled her. A few days after 
 ward the fhip fell in with and was taken by two Britim 
 letters of marque and ordered into New York. On 
 her paflage there fhe was recaptured by the Hazard 
 and Tyrannicide, two veflels in the fervice of Mafla- 
 chufetts, and brought fafely into port. On the 21 ft 
 of June, by order of the Board of War, me was placed 
 in charge of Capt. Johnfon, to direct the unloading, 
 etc., in behalf of the State. The Board of War im 
 mediately reprefented to the Legiflature the facts 
 relating to the negroes thus "taken on the high feas 
 and brought into the State;" being evidently unable 
 to apply the refolution of 1776 to this cafe. 
 
 On the 2jd of June, 1779, it was ordered in the 
 Houfe of Reprefentatives, "that Gen. Lovell, Capt. 
 Adams, and Mr. Cranch be a committee to confider 
 what is proper to be done with a number of negroes 
 brought into port in the prize fhip called the Lady 
 Gage."" Journal, p. 60. The next day, "the com 
 mittee appointed to take into confideration the ftate 
 and circumftances of a number of negroes lately 
 brought into the port of Bofton, reported a refolve 
 directing the Board of War to inform our delegates 
 in Congrefs of the ftate of facts relative to them, to 
 put them into the barracks on Caftle Ifland, andcaufe 
 them to be fupplied and employed." Ibid., pp. 63, 64. 
 The refolution w.as immediately pafled and concurred 
 in by the Council. It appears in the printed volume, 
 among the Refolves of June, 1779. 
 
 1 This name of " Lady Gage " is probably a miftake, for this proceed 
 ing evidently led to the refolution of the following day. 
 
Slavery in Maffachujetts. 165 
 
 * CLXXX. Refolve on the Reprefentation of the Board of War 
 refpecling a number of negroes captured and brought into this State. 
 Faffed June 24, 1779. 
 
 " On the reprefentation made to this Court by the Board of War, 
 refpe&ing a number of negroes brought into the Port of Bofton, on 
 board the Prize Ship Vi&oria : 
 
 " Refolved, that the Board of War be and they are hereby directed 
 forthwith to write to our Delegates in Congrefs, informing them of the 
 State of Fa&s relating to faid Negroes, requefting them to give informa 
 tion thereof to the Delegates from the State of South Carolina, that fo 
 proper meafures may be taken for the return of faid Negroes, agreeable 
 to their defire. 
 
 " And it is further Refblved, that the Board of War be and they 
 hereby are directed to put the faid Negroes, in the mean time, into the 
 barracks on Caftle Ifland in the Harbor of Bofton, and caufe them to 
 be fupplied with fuch Provifion and Clothing as (hall be neceflary for 
 their comfortable fupport, putting them under the care and direction 
 of fome Prudent perfon or Perforts, whofe bufinefs it mail be to fee that 
 the able-bodied men may be ufefully employed during their flay in 
 carrying on the Fortifications on faid Ifland, or eHewhere within the 
 faid Harbor ; and that the Women be employed according to their 
 ability in Cooking, Warning, etc. And that the faid Board of War 
 keep an exacl; Account of their Expenditures in fupporting faid 
 Negroes." Rejolms,p. 51. 
 
 This refolve was immediately carried into execu 
 tion. On the 28th of June, Edward Revely, the 
 prize-mafter, was ordered to " deliver Thos. Knox 
 from fhip Victoria the Negroes that are on board 
 for the purpofe of their being fent to Caftle Ifland pr. 
 Order of Court/ and accordingly there were "34 
 Negroes delivered." At the fame time, the Board of 
 War ordered the "iffue to the Negroes at Caftle 
 Ifland i Ib. of Beef, i Ib. of Rice pr. day," upon the 
 orders of Lt.-Col. Revere, the commandant of Caftle 
 
1 66 Notes on the Hiftory of 
 
 Ifland. Minutes Board of * War* His letter ofinftruc- 
 tions from the Board is as follows : 
 
 " War Office, 28 June, 1779. 
 
 cc Lt.-Col. Revere, 
 
 " Agreeable to a Refolve of Court we fend to 
 Cattle Ifland and place under your care the following 
 Negroes, viz. : 
 
 [19] Men, 
 
 [10] Women, 
 
 [ 5] Children, 
 
 lately brought into this Port in the Spanim retaken 
 Ship Victoria. The Men are to be employed on the 
 Fortifications there or elfewhere in the Harbor, in the 
 moil ufeful manner, and the Women and Children, 
 according to their ability, in Cooking, Warning, etc. 
 They are to be allowed for their fubfiftence One Ib. 
 of Bee and one Ib. of Rice per day each, which Com- 
 miflary Salifbury will furnifh upon your order, and 
 this to continue until our further orders, 
 
 cc By Order of the Board." 
 
 In accordance with the refolve of Court, the Board 
 of War, by their Prefident, Samuel P. Savage, ad- 
 drefled a letter to Meflrs. Gerry, Lovell, Holten, 
 etc., etc., delegates from MafTachufetts in the Conti 
 nental Congrefs, dated War Office, 29 th June, 1779, 
 in which are fet forth the principal facts in the cafe, 
 and the inftrudions of the Legiflature. In conclufion, 
 the Prefident fays, cc Every neceflary for the fpeedy 
 difcharge of thefe people, we have no doubt you will 
 take, that as much expenfe as poflible may be faved 
 
Slavery in Majfachufetts. 167 
 
 to thofe who call themfelves their owners." This 
 letter alfo gives the number of the negroes, and the 
 names of the feveral gentlemen from whofe plantations 
 they were taken, viz. : 
 
 " 5 Men 4 Women 4 Boys i Girl belonging to 
 Mr. Wm. Vryne. 
 
 "9 Men i Woman belonging to Mr. Anthony 
 Pawley. 
 
 " i Man belonging to Mr. Thomas Todd. 
 
 " 2 Men 3 Women belonging to Mr. Henry 
 Lewis. 
 
 <c 2 Men 2 Women belonging to Mr. William 
 Pawley. 
 
 " One of the negroes is an elderly fenfible man, 
 calls himfelf James, and fays he is free, which we have 
 no reafon to doubt the truth of. He alfo fays that 
 he with the reft of the Negroes were taken from a 
 place called Georgetown." Mafs. Archives, Vol. 151, 
 292-94. 
 
 Thefe negroes were not all detained at Caftle 
 Ifland, until their owners were heard from. One 
 method of providing for them is noticed in the fol 
 lowing extract : 
 
 " In 1779, Col. Paul Revere, who commanded 
 there [Caftle Ifland] had feveral orders from the 
 Council to let part of them [negroes quartered on the 
 Ifland] live as fervants, with perfons in different 
 towns. An exprefs condition of fuch licenfe was, 
 they fhould be returned whenever the public authori 
 ties required." Felt: Coll. Am. Stat. Affoc., i., 206-7. 
 
 Thefe orders of the Council began as foon as the 
 negroes were fent to the Ifland, the firft one we have 
 
1 68 Notes on the Hiftory of 
 
 found bearing date June joth, 1779^ by which Mr. 
 Jofhua Brackett was to have a Negro Boy " fuch as 
 he may choofe," etc. Mafs. Archives^ VoL 175, 374. 
 See alfo fimilar order for three Negro Boys to be 
 delivered to Hon. Henry Gardner, July 5, 1779. 
 //., 385- 
 
 Moft of them, however, muft have remained at 
 Caftle Ifland, as appears from a return of the negroes 
 there, October I2th, 1779. It is a fingular circum- 
 ftance that fuch a return mould be made, apparently 
 to the Legiflature, with a brief and touching report, 
 from John Hancock one of the moft interefting 
 documents connected with this fubject. The original, 
 from which we copy, is in the Mafs. Archives, Fol. 
 142, 170. The portions which are in italics are in the 
 autograph of Hancock. 
 
 BOSTON, Oft r . 12, 1779. A Return of y" Negroes at Caftle Ifland, 
 Viz. : 
 
 Negro Men. 
 
 1. ANTHONY. 9. JACK. 
 
 2. PARTRICK. 10. GYE. 
 
 3. PADDE. II. JUNE. 
 
 4. ISAAC. 12. RHODICK. 
 
 5. QUASH. 13. JACK. 
 
 6. BOBB. 14. FULLER. 
 
 7. ANTHONEY 15. LEWIS. 
 
 8. ADAM. 
 
 The above men arejlout fellows. 
 
 Negro Boys. 
 
 No. i. SMART. 
 2. RICHARD. 
 
 Boys veryfmall. 
 
Slavery in Maffachujetts. 169 
 
 Negro Woomen. Negro Girls. 
 
 No. i. KITTEY. No. i. LYSETT. 
 
 2. LUCY. 2. SALLY. 
 
 3. MILLEY. 3. MERCY. 
 
 4. LANDER. 
 
 Pretty large. Rather Jlout. 
 
 Gentlemen, 
 
 The Scituation of thefe Negroes is pitiable with, refpecl to 
 Cloathing. 
 
 I am. Gen*. 
 
 Your very hum. Serv*. 
 
 John Hancock? 
 
 Oft. 12, 1779. 
 
 On the 1 5th of November, 1779, a petition was 
 read in the Council, from Ifaac Smith, John Codman> 
 and William Smith, in behalf of William Vereen and 
 others, of the State of South Carolina, then in Bofton, 
 praying that a number of Negroes which were taken 
 from them by a Britim privateer, and retaken by two 
 armed vefTels belonging to Maflachufetts, might be 
 delivered to them. The Council, upon hearing the 
 petition, ordered cc that Mofes Gill, Efq., with fuch 
 as the Honorable Houfe mall join, be a Committee 
 to take into confideration this petition, and report 
 what may be proper to be done thereon." The 
 refolution was immediately fent to the Houfe, who 
 concurred, and joined Capt. Williams of Salem, and 
 Mr. Davis of Bofton, for the Committee. 
 
 On the 1 7th of November, another petition was 
 prefented in Council, from John Winthrop, " pray- 
 
 1 John Hancock had been appointed " Captain of the Caftle and Fort 
 on Governor s Ifland," on the 6th of Oftober, 1779. Refolves, CLXXVIII, 
 p. in. Compare Journal, pp. 54, 60. 
 
i jo Notes on the Hiftory of 
 
 ing that certain negroes, who were brought into this 
 State by the Hazard and tyrannicide, may be delivered 
 to him." This petition was alfo committed to the 
 " committee appointed on the petition of Ifaac Smith 
 and others," by a concurrent vote of both Houfes. 
 
 On the 1 8th of November, " Jabez Fiiher, Efq., 
 brought down a report of the Committee of both 
 Houfes on the petition of Ifaac Smith, being by way 
 of refolve, directing the Board of War to deliver fo 
 many of the negroes therein mentioned, as are now 
 alive. Faffed in Council, and fent down for concur 
 rence." The order of the Houfe is, cc Read and con 
 curred, as taken into a new draught." Sent up for 
 concurrence." 
 
 It is printed among the refolves of November, 
 
 I /79- 
 
 " XXXI. Refolve relinquiming this State s claim to a number of 
 
 Negroes, pafled November 1 8, 1779. 
 
 " Whereas a number of negroes were re-captured and brought into 
 this State by the armed veflels Hazard and Tyrannicide, and have fmce 
 been fupported at the expenfe of this State, and as the original owners 
 of faid Negroes now apply for them : 
 
 " Therefore Refolved^ That this Court hereby relinquiih and give 
 up any claim they may have upon the faid owners for re-capturing faid 
 negroes : Provided they pay to the Board of War of this State the ex- 
 pence that has arifen for the fupport and cloathing of the Negroes 
 aforefaid." Refolves, p. 131.* 
 
 The Maffachufetts act of April 12, 1780, more 
 effectually providing for the fecurity, fupport, and 
 exchange of prifoners of war brought into the State, 
 
 1 The original refolve is in Mafs. Archives, Vol. 142, 29, and is en- 
 dorfed " Negroes captured in the fhip Viaoria," and " Entered page 454." 
 
Slavery in Majfachufetts. 171 
 
 was patted in accordance with the Refolutions of 
 Congrefs, adopted January ijth, 1780. Laws, 1780, 
 Chap, v., pp. 283, 4. It declares with reference to 
 <c all Prifoners of War, whether captured by the Army 
 or Navy of the United States, or armed Ships or 
 VerTels of any of the United States, or by the Subjects, 
 Troops, Ships, or Veflels of War of this State, and 
 brought into the fame, or caft on more by fhipwreck 
 
 on the coaft thereof , all fuch prifoners, fo 
 
 brought in or caft on more (including Indians, Ne 
 groes, and Molatoes) be treated in all refpects as 
 prifoners of war to the United States, any law or re- 
 folve of this Court to the contrary notwithftanding." 
 A previous law of 1777, repealed by this act, con 
 tained no fpecial provifion concerning this clafs of 
 captures. Laws, 1777, Chap, xxxv., p. 114. 
 
 On Friday, the 2jd of January, 1784, Governor 
 Hancock fent a meflage to the Legiflature, tranfmit- 
 ting papers received during the recefs from October 
 28th, 1783, to January 2ift, 1784, "among which (he 
 fays) is one from his Excellency the Governor of 
 South Carolina, refpecting the detention of fome 
 Negroes here, belonging to the fubjects of that State. 
 I have communicated it to the Judges of the Supreme 
 Judicial Court their obfervations upon it are with 
 the Papers. I have made no reply to the letter, 
 judging it beft to have your decifion upon it." 
 Journal H. of R., Vol. iv., pp. 308, 9. The Secretary, 
 in communicating the meflage to the Houfe, faid he 
 had laid the papers before the Senate, with his Ex 
 cellency s requeft to fend them to the Houfe. Ibid., 
 p. 310. 
 
172 Notes on the Hiftory of 
 
 On the fame day, in the Senate, the meflage was 
 read with accompanying papers, and referred to a 
 joint committee of both Houfes. Senate Journal, iv., 
 277. Houfe Journal, iv., 311. 
 
 On the 23d of March following, a report of the 
 committee, " by way of order," was read and accepted 
 in the Senate, and concurred in by the Houfe. Senate 
 Journal, iv., 441. In the Houfe, "The Hon. Mr. 
 Warner brought down the report of the Committee on 
 Governor GerrardV letter, being an Order requefting 
 his Excellency the Governor to tranfmit a copy of the 
 opinions of the Judges of the Supreme Judicial Court 
 on the cafe complained of, for the information of the 
 faid Governor Gerrard." Houfe Journal, iv., 496. 
 The order is printed among the Refolves, March, 
 1784. 
 
 " CLXXI. Order requefting the Governor to write to 
 Governor Guerard of South Carolina, inclofing the 
 letter of the Judges of the Supreme Judicial Court, 
 March 2jd, 1784. 
 
 " Ordered, that his Excellency the Governor be re- 
 quefted to write to Excellency Benjamin Guerard, 
 Governor of South Carolina, inclofing for the informa 
 tion of Governor Guerard, the letter of the Judges of 
 the Supreme Judicial Court of this Commonwealth, 
 with the copy in the faid letter referred to, upon the 
 fubject of Governor Guerard* s letter, dated the fixth 
 Odober, 1783." p. 141. 
 
 1 Benjamin Guerard was Governor of the State of South Carolina from 
 1783 to 1785. 
 
Slavery in Maffachujetts. 173 
 
 We have made diligent efforts to find the papers 
 referred to among the files preferved in the State- 
 El oufe at Bofton, but without fuccefs. We have alfo 
 endeavored to procure them from the Archives of the 
 State of South Carolina, with no more fatisfactory 
 refult. Fortunately, however, we have been favored 
 with the following extracts and memorandum, which 
 were made by Mr. Bancroft at Columbia, S. C., feveral 
 years ago. 
 
 From Mr. Bancroft s MSS., America, 1783, Vol. n. 
 
 GOVERNOR GUERARD TO GOVERNOR HANCOCK, 
 6th October, 1783. 
 
 EXTRACT. " That fuch adoption is favoring rather 
 of the Tyranny of Great Britain which occafioned her 
 the lofs of thefe States that no act of Britifh Tyranny 
 could exceed the encouraging the negroes from the 
 State owning them to defert their owners to be 
 emancipated that it feems arbitrary and domination 
 afluming for the Judicial Department of any one 
 State, to prevent a reftoration voted by the Legifla- 
 ture and ordained by Congrefs. That the liberation 
 of our negroes difclofed a fpecimen of Puritanifm I 
 mould not have expected from gentlemen of my Pro- 
 feffion." 
 
 MEMORANDUM. cc He had demanded fugitives, 
 carried off by the Britifh, captured by the North, and 
 not given up by the interference of the Judiciary/ 
 " Governor Hancock referred the fubject to the 
 Judges." 
 
174 Notes on the Hiftory of 
 
 JUDGES GUSHING AND SARGENT TO GOVERNOR 
 HANCOCK, Bofton, Dec. 20, 1783. 
 
 EXTRACT. " How this determination is an attack 
 upon the fpirit, freedom, dignity, independence, and 
 fovereignty of South Carolina, we are unable to con 
 ceive. That this has any connection with, or relation 
 to Puritanifm, we believe is above y r Excellency s 
 comprehenfion as it is above ours. We mould be 
 fincerely forry to do anything inconfiflent with the 
 Union of the States, which is and mufl continue to be 
 the ban s of our Liberties and Independence; on the 
 contrary we wim it may be ftrengthened, confirmed, 
 and endure for ever." 
 
 Whether Governor Hancock recognized in the 
 fubjects of this correfpondence any of his old Caftle 
 Ifland acquaintances, does not appear ; but we enter 
 tain no doubt that they were the fame, or a part of the 
 fame negroes whofe " pitiable" condition "with refpect 
 to cloathing," he had reported to the authorities in 
 October, 1779. Why or how it happened that any of 
 them were ftill within the jurifdiction of Maflachufetts, 
 we cannot explain. The exigencies of the war in 
 South Carolina, which was threatened or invaded and 
 overrun during the greater part of the intervening 
 period (1779-83), may have prevented fome of the 
 owners from profecuting promptly their intention to 
 reclaim their flaves or returning with them to that 
 State. The flaves themfelves may have become 
 familiar with their new homes, and willing or defirous 
 to remain with their new matters in the various towns 
 
Slavery in Majfachufetts. 175 
 
 to which they had been fcattered, and where they had 
 been permitted to live under the orders of Council, 
 and their new matters may have become warmly in- 
 terefted in the defire to keep them. Under fuch cir- 
 cumftances the authorities may have found it difficult 
 to obtain a compliance with the agreement to return 
 them when called for, without enforcing the reclama 
 tion in the courts of law. Add to all this, the dif- 
 pofition of fome of the Supreme Court judges cc to 
 fubftitute an unwritten higher law, interpreted by 
 individual confcience, for th,e law of the land and the 
 decrees of human tribunals" and we mall not be fur- 
 prifed at the refult indicated in thefe imperfect me 
 morials of the proceedings in 17835*84. 
 
 We may expect from future refearches in Mafla- 
 chufetts more light on this as well as other points 
 indicated in thefe Notes ; and we truft efpecially that 
 thefe deficiencies may cc compel a difcovery " of the 
 opinions of the Judges. They would furnim an ex 
 tremely important illuftration of the ftate and progrefs 
 of anti-flavery ideas in 1783, bearing directly on the 
 conftruction of the Constitution of 1780, which we 
 have ftill to difcufs. The only additional item we have 
 found which may bear on this cafe is the following : 
 
 In the Supreme Judicial Court of the Common 
 wealth of Maflachufetts, Suffolk, 26th Auguft, 1783, 
 the following named negroes were brought up on 
 habeas corpus and difcharged, the Court declaring the 
 mittimus inefficient to hold them. 
 
 Affa Hall, wife of Prince Hall, 
 Quafh, Robert, 
 
176 Notes on the Hiftory of 
 
 John Polly, Anthony, 
 
 Jack Phillips, Peggy* wife of faid An- 
 
 George Polly, thony. 
 
 Records, 1783, fol. 177, 178. 
 
 VIII. 
 
 WE return again to trace the progrefs of public 
 opinion on flavery in MafTachufetts during the Revo 
 lution. It is indicated in part by the public prefs of 
 the time. William Gordon, afterward well known as 
 the author of a hiftory of the Revolution, was very 
 bufy as a writer on this and kindred topics. In 
 Letter V (of a feries), dated Roxbury, September 21, 
 1776, he fays : 
 
 cc The Virginians begin their Declaration of Rights 
 with faying, c that all men are born equally free and 
 independent, and have certain inherent natural rights, 
 of which they cannot, by any compact, deprive them- 
 felves or their pofterity ; among which are the enjoy 
 ment of life and liberty. The Congrefs declare that 
 they c hold thefe truths to be felf-evident, that all 
 men are created equal, that they are endowed by their 
 Creator with certain unalienable rights, that among 
 thefe are life, liberty and purfuit of happinefs. The 
 Continent has rang with affirmations of the like im 
 port. If thefe, Gentlemen, are our genuine fentiments, 
 and we are not provoking the Deity, by acting hypo 
 critically to ferve a turn, let us apply earneftly and 
 heartily to the extirpation of flavery from among our- 
 felves. Let the State allow of nothing beyond fervi- 
 
Slavery in Maffachujetts. 177 
 
 tude for a ftipulated number of years, and that only 
 for feven or eight, when perfons are of age, or till 
 they are of age : and let the defcendants of the Afri 
 cans born among us, be viewed as free-born ; and 
 be wholly at their own difpofal when one-and- twenty, 
 the latter part of which age will compenfate for the 
 expenfe of infancy, education, and fo on. 1 " 
 
 In the Independent Chronicle, November 14, 1776, 
 there is a Plan for the gradual extermination of flav- 
 ery out of the Colony of Connecticut. It was fent to 
 the publifhers by Dr. Gordon, from Roxbury, Nov. 
 2, 1776. This plan is very fevere on flaveholders, 
 and portraying the death-bed fcene of one of them, 
 raifes the query, whether he is finner or faint ? Gordon 
 himfelf fays, <c I mall fay nothing further of the plan, 
 than that, tho I am well pleafed, to have the abfur- 
 dity of perpetuating flavery expofed, I am not for 
 unfainting every man that through the power of 
 prevailing prejudice and cuftom, is chargeable with 
 inconfiftency and abfurdity : for if fo, who then can 
 befaved?" 
 
 A " Son of Liberty " writes vigoroufly againft 
 flavery in the Independent Chronicle, November 28, 
 1776. He calls loudly for legiflation, etc,, "that no 
 laws be in exiftence contrary to found reafon and 
 revelation." 
 
 At this period, advertifements of flave-property 
 were common in the newfpapers. We quote a few 
 fpecimens : 
 
 1 The methods propofed in this letter do not give any countenance to 
 the modern theories that flavery was illegal, and that hereditary flavery was 
 always contrary to law in Maflachufetts. 
 
 12 
 
178 Notes on the Hi/lory of 
 
 From the Independent Chronicle, Oftober 3, 1776. 
 
 " To be SOLD A ftout, hearty, likely NEGRO 
 GIRL, fit for either Town or Country. Inquire of 
 Mr. Andrew Gillefpie, Dorchejler, Odo. i., 
 
 From the fame, Oftober 10. 
 
 " A hearty NEGRO MAN, with a fmall fum of 
 Money to be given away." 
 
 From the fame, November 28. 
 
 " To SELL A Hearty likely NEGRO WENCH 
 about 12 or 13 Years of Age, has had the Small 
 Pox, can walh, iron, card, and fpin, etc., for no 
 other Fault but for want of Employ." 
 
 From the fame, February 27, 1777. 
 
 " WANTED a NEGRO GIRL between 12 and 
 20 Years of Age, for which a good Price will be 
 given, if ihe can be recommended." 
 
 From the Continental Journal, April 3, 1777. 
 
 " To be SOLD, a likely NEGRO MAN, twenty- 
 two years old, has had the fmall- pox, can do any 
 fort of bufinefs ; fold for want of employment." 
 
 " To be SOLD, a large, commodious Dwell 
 ing Houfe, Barn, and Outhoufes, with any quan 
 tity of land from I to 50 acres, as the Purchafer 
 mail choofe within 5 miles of Boflon. Alfo a 
 fmart well-tempered NEGRO BOY of 14 years old, 
 not to go out of this State and fold for 1 5 years 
 only, if he continues to behave well." 
 
 From the Independent Chronicle, May 8, 1777. 
 
 " To be SOLD, for want of employ, a likely 
 ftrong NEGRO GIRL, about 18 years old, under- 
 ftands all forts of houfehold bufinefs, and can be 
 well recommended." 
 
Slavery in Maffachufetts. 179 
 
 Thefe and fimilar advertifements drew forth the 
 following communication to the Printers from Dr. 
 Gordon ; but without any immediate effect, if we may 
 judge from the fact that the laft advertifement above 
 was continued in the fame paper in which was pub- 
 limed 
 
 MR- GORDON S HINT ON SLAVERY. 
 
 Independent Chronicle, May 15, 1777. 
 
 < Meflleurs Printers, 
 
 " I WOULD hope that you are the Sons of Liberty 
 from principle, and not merely from intereft, wifh you 
 therefore to be conflftent, and never more to admit the 
 fale of negroes, whether boys or girls, to be advertifed 
 in your papers. Such advertisements in the prefent 
 feafon are peculiarly mocking. The multiplicity of 
 bufinefs that hath been before the General Court may 
 apologize for their not having attended to the cafe of 
 flaves, but it is to be hoped that they will have an 
 opportunity hereafter, and will, by an Act of the State, 
 put a final flop to the public and private fale of them, 
 which may be fome help towards eradicating flavery 
 from among us. If God hath made of one blood, all 
 nations of men, for to dwell on all the face of the 
 earth, I can fee no reafon why a black rather than a 
 white man mould be a flave. 
 
 " Your humble Servant, 
 
 "WILLIAM GORDON. 
 
 " N. B. I mean the above as a hint alfo to the 
 other printers." 
 
 But although the Bofton newfpapers ftill continued 
 to advertife flave-property, and, as we mall hereafter 
 
180 Notes on the Hiflory of 
 
 fee, in a manner even more mocking to the modern 
 reader, it is to this period we are to refer the laft 
 attempt in the Legiflature to put an end to flavery in 
 Maflachufetts. It is the moft emphatic, if indeed it 
 is not the only direct, attack made on that inflitution 
 in all their legislation. The Legiflature were alfo at 
 this time beginning their firft eflay at conftitution- 
 making the eftabliftiment of a new fyftem of govern 
 ment for the State. The failure of this attack on 
 flavery was as (ignal and complete as poffible, while 
 the method by which it was accomplished prefents a 
 curious illuftration of the growth of the fentiment and 
 principle of nationality. It is not amifs to remember^ 
 that in the firft and lafl and only direct and formal 
 attempt to abolim flavery in Maflachufetts, the pop 
 ular branch of the Legiflature of that State laid the 
 bill for that purpofe on the table, with a direction 
 cc that application be made to Congrefs on the fubject 
 thereof." 
 
 On the 1 8th of March, 1777, another petition 
 of MarTachufetts flaves was prefented to the Legis 
 lature, as appears from the following entry on the 
 Journal of that date : 
 
 C A petition of Lancafter Hill, and a number of 
 other negroes, praying the Court to take into con- 
 fideration their ftate of bondage, and pafs an act 
 whereby they may be reftored to the enjoyment of 
 that freedom which is the natural right of all men. 
 Read and committed to Judge Sergeant, Mr. Dalton, 
 Mr. Appleton, Col. Brooks, and Mr. Story." 
 
 The original petition is preferved among the 
 Archives of MarTachufetts, and furnifhes fome addi- 
 
Slavery in Majfachufetts. 181 
 
 tional interefting particulars. They pray for the 
 pafTage of an ad, " whereby they may be reftored to 
 the enjoyment of that freedom, which is the natural 
 right of all men, and their children (who were born in 
 this land of liberty] may not be held as Jlaves after they 
 arrive at the age of twenty-one years. 9 The petition is 
 figned by Lancafter Hill, Peter Befs, Brifler Slenfen, 
 Prince Hall, Jack Pierpont (his X mark), Nero 
 Funelo (his X mark), and Newport Sumner (his X 
 mark). It bears date January ijth, 1777, and has 
 the following endorfement: " Mar. 18. Judge Ser 
 geant, Mr. Dalton, Mr. Appleton, Coll. Brooks, 
 Mr. Story, Mr. Lowell and to confider y e matter at 
 large Mr. Davis/ Majs. Archives, Revolutionary 
 Refolves, Vol. vn., f. 132. 
 
 The addition of cc Mr. Lowell and to confider y e 
 matter at large Mr. Davis " indicates further proceed 
 ings, which we are unable to give, in confequence of 
 the deficiencies in all the copies of the Journals known 
 to us. The action of the Legiflature, however, refult- 
 ed in a bill, which was probably drawn by Judge 
 Sargent, who was the firfl named of this committee. 
 
 On Monday afternoon, June 9th, 1777, " a Bill 
 entitled an Act for preventing the Practice of hold 
 ing perfons in Slavery " was cc read a firft time, and 
 ordered to be read again on Friday next, at 10 o clock, 
 A. M," Journ.y 19. On the ijth, the bill was " read 
 a fecond time, and after Debate thereon, it was moved 
 and feconded, That the fame lie upon the Table, 
 and that Application be made to Congrefs on the 
 fubject thereof; and the Queftion being put, it 
 pafled in the Affirmative, and Mr. Speaker, Mr. 
 
1 82 Notes on the Hiftory of 
 
 Wendell, and Col. Orne, were appointed a Com 
 mittee to prepare a letter to Congrefs accordingly, and 
 report." Journ., 25. On the following day, Satur 
 day, June 1 4th, " the Committee appointed to prepare 
 a Letter to Congrefs, on the fubjecl: of the Bill for 
 preventing the Practice of holding Perfons in Slavery, 
 reported." Their report was " Read and Ordered to 
 lie." Journ.y 25. We find no further trace of it. 
 
 "STATE OF MASSACHUSETTS BAY. IN THE YEAR OF OUR LORD, 1777. 
 " An aft for preventing the praftice of holding perfons in Slavery, 
 
 tf WHEREAS, the praftice of holding Africans and the children born 
 of them, or any other perfons, in Slavery, is unjustifiable in a civil 
 government, at a time when they are afTerting their natural freedom ; 
 wherefore, for preventing fuch a practice for the future, and eftabliming 
 to every perfbn refiding within the State the invaluable blefling of 
 liberty. 
 
 "Be it Enaffed, by the Council and Houfe of Reprefentatives^ 
 in General Court aflembled, and by the authority of the fame, That 
 all perfons, whether black or of other complexion, above 2 1 years of 
 age, now held in Slavery, mall, from and after the day of 
 
 next, be free from any fubjeftion to any mafter or miftrefs, who 
 have claimed their fervitude by right of purchafe, heirlhip, free gift, or 
 otherwife, and they are hereby entitled to all the freedom, rights, priv 
 ileges and immunities that do, or ought of right to belong to any of the 
 fubjects of this State, any ufage or oiftom to the contrary notwith 
 standing. 
 
 " And be it Enaded, by the authority aforefaid r that all written 
 deeds, bargains, fales or conveyances, or contracts without writing, 
 whatfoever, for conveying or transferring any property in any perfon, 
 or to the fervice and labor of any perfon whatfoever, of more than 
 twenty-one years of age, to a third perfon, except by order of fome 
 court of record for fome crime, that has been, or hereafter fhall be 
 made, or by their own voluntary contract for a term not exceeding 
 feven years, fhall be and hereby are declared null and void. 
 
 " And WHEREAS, divers perfons now have in their fervice negroes, 
 
Slavery in Maffachujetts. 183 
 
 mulattoes or others who have been deemed their flaves or property, and 
 who are now incapable of earning their living by reafon of age or in 
 firmities, and may be defirous of continuing in the fervice of their mas 
 ters or miftrefles, be it therefore. Enabled, by the authority aforefaid, 
 that whatever negro or mulatto, who mall be defirous of continuing in 
 the fervice of his mafter or miftrefs, and (hall voluntarily declare the 
 fame before two juftices of the County in which faid mafter or miftrefs 
 refides, mail have a right to continue in the fervice, and to a mainte 
 nance from their mafter or miftrefs, and if they are incapable of earning 
 their living, mail be fupported by the faid mafter or miftrefs, or their 
 heirs, during the lives of faid fervants, anything in this a6l to the con 
 trary notwithftanding. 
 
 " Provided, neverthelefs, that nothing in this aft mail be under- 
 ftood to prevent any mafter of a veflel or other perfon from bringing 
 into this State any perfons, not Africans, from any other part of the 
 world, except the United States of America, and felling their fervice 
 for a term of time not exceeding five years, if twenty-one years of age, 
 or, if under twenty-one, not exceeding the time when he or fhe fo 
 brought into the State fhall be twenty-fix years of age, to pay for and 
 in confideration of the tranfportation and other charges faid mafter of 
 veflel or other perfon may have been at, agreeable to contracts made 
 with the perfons fo tranfported, or their parents or guardians in their 
 behalf, before they are brought from their own country." Mafs. 
 Archives : Revolutionary Refolves, Vol. vii. t p. 133. 
 
 An endorfement on the bill is, " Ordered to lie 
 till the fecond Wednefday of the next Seflion of the 
 General Court." It was not taken up at that time, 
 nor at any other time that we can difcover. 
 
 We have faid that Judge Sargent was probably the 
 author of this bill. He was a very ftrong advocate 
 of anti-flavery doctrines, and fubfequently, in his career 
 as a Judge of the Supreme Court, had a principal 
 agency in accomplishing the overthrow of flavery by 
 judicial conftruclion, without the aid of legislation in 
 which he had failed. 
 
184 Notes on the Hiftory of 
 
 There is among the archives of MafTachufetts the 
 following draft of a bill, evidently the original of the 
 preceding aft, which appears to have been written by 
 Judge Sargent on the back of a note addrefTed to him 
 by Rev. Dr. Eliot 3 an eminent minifter of Bofton 
 who took a very prominent part in the patriotic pro 
 ceedings of the Revolutionary period. 
 
 "IN Y K YEAR OF OUR LORD 1/77. 
 
 " AN ACT for preventing y e wicked & unnatural Practice of holding 
 Perfons in Slavery. 
 
 "WHEREAS y e unnatural practice in this ftate of holding certain 
 Perfons in Slavery, more particularly thofe tranfported from Africa & 
 y e children born of fuch perfons, is contrary to y e laws of Nature, a 
 fcandal to profefTors of y e Religion of Jefus, & a difgrace to all good 
 Governments, more efpecially to fuch who are ftruggling againft Op- 
 preffion & in favour of y e natural & unalienable Rights of human 
 nature 
 
 ff Wherefore in fome meafure to fecure the bleffings of freedom to 
 fuch who mail be hereafter born within this State 
 
 " Be it Enabled by y e Council & Houfe of Reprefentatives in gene 
 ral court aflembled & by y e authority of y e fame that all perfons who 
 mall be born within y e limits of this ftate from & after y e day of 
 
 next whether their parents be black or white, or efteemed 
 Bond or free, of whatfoever nation, People or condition, fuch perfons 
 born as afores d mall be & hereby are intitled to all y e freedom, Rights, 
 Liberties, privileges & immunities that do or of light ought to belong 
 unto free & natural born fubjects of this State, any ufage or cuftom to 
 y e contrary notwithftanding 
 
 " And for y e effectual preventing of y e unnatural practice of felling 
 promifcuoufly and transferring a property in our fellow creatures, dis 
 graceful to human nature, & a fcandal to profeffing chriftians There 
 fore Be it Enatted by y e authority aforefaid that all bargains, fales, 
 conveyances & other writings or contract without writing whatfoever 
 for y e conveying or transferring of any property in our fellow creatures 
 or of y e labour or fervice of any perfons whatfoever of more than 
 
Slavery in Maffachufetts. 185 
 
 twenty-one years of age to a third perfon other than of fuch perfon 
 who fhall voluntarily make himfelf a party to fuch Inftruments or 
 writings or where he fhall be fubjedted to fuch fale, or fervice by vir 
 tue of y e order of fome court of Record, made after y e day of 
 next mail be null & void to all intents, conilructions & pur- 
 pofes whatfoever, any Law, Ufage or cuftom to y e contrary in any wife 
 notwithftanding." Maj s. Archives : Vol. 142,58. 
 
 On the nth of September, 1777, a petition was 
 read in the Houfe of Reprefentatives, from the felect- 
 men of the town of Woburn, praying an abatement 
 of their quota of men for the Continental Army, for 
 Slaves, Idiots, Infane, Captives, &c., and thofe under 
 age. The petitioners had leave to withdraw their pe 
 tition. 
 
 A trace of the exercife of private judgment and 
 one phafe of public opinion foon afterwards, on this 
 fubject, may be feen in the following extract from the 
 Journal of the Houfe of Reprefentatives, 24th Sep 
 tember, 1777 : 
 
 "A Petition of Jofeph Prout of Scarborough, 
 fetting forth that Mr. William Vaughan lately told 
 his two Negroes that by an Act of Court all Negroes 
 were made free, in confequence whereof they have 
 fince left him, and one of them has hired himfelf to 
 faid Vaughan, who withholds him from the Petitioner, 
 therefore praying relief. Read and difmifTed." p. 86. 
 
 As the efforts towards the formation of a State 
 Conftitution gradually ftrengthened and took fhape, 
 the fubject of flavery and the flatus of the negro came 
 up again and again. There was a conflict of opinions 
 and interefls, and the newfpapers of the day bear wit- 
 nefs to its progrefs. The friends of the negro did 
 
1 86 Notes on the Htftory of 
 
 not by any means have it all their own way. The 
 mufes were invoked on both fides. In the Independ 
 ent Chronicle of the 29th Jan., 1778, nearly a column 
 of the paper is occupied with about one hundred lines 
 of verfe ridiculing negro equality, which was refponded 
 to by another production in verfe in the paper of the 
 1 2th February. This brought out a rejoinder, alfo in 
 verfe, in the following week, Feb. i9th, 1778. 
 
 The difcuflion was not confined to thefe poetical 
 champions. As early as the 8th of January, 1778, 
 Doctor Gordon took up one phafe of the bufinefs 
 with an article in the Independent Chronicle, in which 
 he faid : 
 
 " Would it not be ridiculous, inconfiflent and un- 
 jufl, to exclude freemen from voting for reprefentatives 
 and fenators, though otherwife qualified, becaufe their 
 fkins are black, tawny or reddifh ? Why not difquali- 
 fied for being long-nofed, mort-faced, or higher or 
 lower than five feet nine ? A black, tawny or reddifh 
 fkin is not fo unfavorable an hue to the genuine fon 
 of liberty, as a tory complection. Has any other 
 State difqualified freemen for the color of their fkin ? 
 I do not recollect any ; and if not, the difqualification 
 militates with the propofal in the Confederation, that 
 the free inhabitants of each State mall, upon removing 
 into any other State, enjoy all the privileges and im 
 munities belonging to the free citizens of fuch State." 
 
 With regard to the proceedings of the Legiflature- 
 Convention of 17771778, little is known ; but the 
 draft of a Conftitution was prepared, which was 
 debated at length, approved by the Convention, pre- 
 fented to the Legiflature, and fubmitted to the people, 
 
Slavery in Maffachujetts. 187 
 
 by whom it was rejected. Barry : Hiftory of Mafs., n., 
 
 75- 
 
 We have been fortunate enough to recover a frag 
 ment of the debates in the Convention, which bears 
 on our fubjed. It mows that there was a continued 
 conteft in that body between thofe who fupported and 
 thofe who oppofed negro equality, in which the latter 
 carried the day ; and alfo that it was after debate 
 not unconfcioufly or without notice that a majority 
 of the Legiflature of Maflachufetts, fpecially inftrucl- 
 ed to frame the organic law for the new State, delibe 
 rately, in the year 1778, excluded negroes, Indians, 
 and mulattoes from the rights of citizenftiip. 
 
 From the Independent Chronicle, September 23, 1779. 
 Mr. WILLIS. 
 
 Pleafe to infert the following in your Independent Chronicle, and 
 you will oblige the publick s friend and humble servant, 
 
 JOHN BACON. 
 Stockbridge, Sept. 10, 1779. 
 
 " Open thy mouth, judge righteoujly, plead the caufe of the poor 
 and needy." KING SOLOMON. 
 
 The subftance of a fpeech delivered in the late Convention, on a mo 
 tion being made for reconfidering a vote, by which this claufe, 
 "except Negroes, Indians and Mulattoes," in the twenty-third 
 article of the report of the Committee, was inferted. 
 Mr. PRESIDENT : As I have from the beginning of thefe debates 
 been oppofed to that claufe, the erafure of which has now been moved 
 for, I beg leave briefly to lay the reafons of my oppofition before this 
 honorable Convention. 
 
 In the firft place, Mr. Prefident, by retaining this claufe in our 
 Conftitution, we make ourfelves fingular, or nearly fo. No Conftitu- 
 tion on the Continent, one only excepted, bears the leail complexion 
 of this kind. Say the honorable and patriotick Convention of Penn- 
 fylvania, in their Bill of Rights, Art. 7 : " all free men having a fufE- 
 
1 88 Notes on the Hiftory of 
 
 cient evident common intereft with, and attachment to the community, 
 have a right to cleft officers, or be elected into office." The conftitu- 
 tions in general which have been formed of late through the Continent, 
 breathe a like confiftent and genuine fpirit of liberty. But be this as it 
 may, Sir, whether we hereby make ourfelves fingular or not, I have 
 other reasons to offer for being in favor of the motion. By holding up 
 this claufe in our conftitution, we fap the foundation of that liberty 
 which we are now defending at the expenfe of all that blood and 
 treafure which we fo liberally part with in the profecution of the 
 prefent war with Great Britain ; by holding up this claufe, we contra 
 dict the fundamental principle on which we engaged in our prefent 
 oppofition to that power. The principle on which we engaged in this 
 oppofition, Sir, I take to be this, that reprefentation and taxation are 
 reciprocal, that we, not being reprefented in the Parliament of Great 
 Britain, Parliament had no right to tax us without our confent. When 
 the Parliament of Great Britain affumed this power and plead the 
 charter of this (then) Province to juftify their claim, we in our turn, 
 not only plead the fame charter in oppofition to fuch claim, but even 
 contended, that on fuppofition the charter gave them this power, yet 
 it was a power fo inconfiftent with the eflential natural rights of men, 
 that no contract whatever could, in fuch cafe, bind us. On this prin 
 ciple, Sir, we engaged in the prefent war, on this principle we fup- 
 pofe ourfelves juftified in refilling, even to blood, that power which 
 would thus arbitrarily exact upon us; and on the fame principle, I 
 conceive, the perfons excepted in the claufe now before the Conven 
 tion, would be juftified in making the fame oppofition againft us which 
 we are making againft Great Britain : If not, Mr. Prefident, let any 
 gentleman point out the difference between the two cafes ; no efTential 
 difference has yet been pointed out by any gentleman who has fpoke 
 to the queftion, and no fuch difference, I prefume, does in fact exift. 
 
 But I am apprised of an objection that is made by gentlemen on 
 the oppofite fide. They fay, " that by being protected by our laws 
 (without any mare in the reprefentation) they fecure benefits which are 
 fully equivalent to the tax which we lay upon them." This, Sir, is the 
 very argument by which Great Britain pretend to fupport their claim 
 of taxing us ; and I confefs, Sir, it appears to me, in every view, as 
 fully to juftify their pretenfions with refpect to us, as it does ours with 
 refpect to thofe perfons who are the fubject of the prefent debate. So 
 
Slavery in Maffachujetts. 189 
 
 that, by retaining this claufe in our conftitution, we bring ourfelves into 
 this unhappy dilemma, that either in one cafe or the other, we mult, 
 out of our own mouth, and by our own conduct, be condemned. So 
 far as we can juftify our conduct in our prefent oppofition to Great 
 Britain, fo far it muft be condemned as it relates to thofe who are men 
 tioned in the article now before us and vice verfa. But this is not all, 
 Mr. Prefident ; Who are to fet a value on the privileges which thefe 
 people enjoy under our government ? Do we allow them a voice in 
 the contract ? By no means. We fet a price upon our own commodi 
 ty, and oblige them to give it whether they will or not ; and this, not 
 as to the luxuries of life, not as to the necejjaries of life only, but even 
 life itself. And if we may take upon us, without their confent, to fet 
 a value upon thofe benefits which they receive from our laws, and 
 make them pay accordingly, we may, on the fame principle, fet thefe 
 benefits at a higher or lower price, and fo tax them in a greater or lefs 
 proportion according to our own fovereign pleasure. According to 
 our own avowed principles, if we may take from them one farthing in 
 this way, we may by the fame rule, take from them every farthing 
 they poflefs. Nay more, we may fubject them to perpetual fervitude, 
 as being no more than a juft compenfation for the benefit they receive 
 in having their lives protected by our laws ; and if this is not to eftablifh 
 flavery by a conftitution, the foundations of which, it is pretended, are 
 laid in the moft extenfive principles of liberty, I confefs, Sir, I am ut 
 terly ignorant of what the terms liberty andjlavery mean. 
 
 But it is further urged by gentlemen on the oppofite fide, " that 
 the cafe now before the Convention is widely different from that 
 between us and Great Britain, that Great Britain aflume a right to 
 impofe taxes on us of which they pay no part themfelves, that the 
 more they lay upon us, the lefs they have to pay themfelves, that 
 hence there is to them a ftrong inducement to bear us down by exor 
 bitant taxation ; whereas we, in taxing thefe people, tax ourfelves 
 at the fame time." But who, Mr. Prefident, perceives not the futility 
 and deceit of this argument ? If we are to tax them, not as members 
 of our community, but as receiving particular benefits from our laws, 
 what fecurity can they have that we mall not multiply taxes upon them 
 in proportion to the value which our caprice or covetoufnefs may fet 
 upon thefe fuppofed benefits. And whether we tax ourfelves at the 
 fame time that we tax them, or not, is wholly immaterial : They are 
 
190 Notes on the Hiftory of 
 
 to be taxed on quite a different footing from that on which we are 
 taxed ourfelves ; yea, as" perfons who do not belong to our community, 
 and the more we lay upon them, the lefs we mail certainly have to pay 
 ourfelves. 
 
 But it is Hill further urged by gentlemen on the other fide, " that 
 thefe perfons are foreigners^ and therefore not intitled to a voice in 
 legiflation." 
 
 But how does this appear, Mr. Prefident ? What, unlefs it be their 
 color, conflitutes them foreigners ? Are they not Americans ? Were 
 they not (moil of them at leaft) born in this country ? Is it not a faft, 
 that thofe who are not natives of America, were forced here by us, 
 contrary, not only to their own wills, but to every principle of juftice 
 and humanity ? I wifh, Sir, thefe gentlemen would tell us what they 
 mean by foreigners. Do they mean by it, fuch perfons, whofe an- 
 ceflors came from fome other country ? If fb, who of us is not a 
 foreigner ? Or do they mean to include under the denomination of 
 foreigners, all thofe who are not born in this State, how long foever 
 they may have lived among us, whatever property they may have ac 
 quired, whatever connexions they may have formed, or however they 
 may have been incorporated with us by our prefent laws and conftitu- 
 tion ? Thefe people, Sir, by our prefent conftitution, are intitled to the 
 fame privileges with any of their fellow-fubjecls ; and by what authority 
 we are now to wrell thefe rights and privileges from them, I cannot 
 conceive, unlefs by dint of mere power. And I hope, Sir, that right, 
 as founded in mere power, is not to receive a fanftion from our confti 
 tution. 
 
 But there is one argument more which has been urged by gentle 
 men on the oppofite fide, as being of great weight and importance^ 
 which is this, " That by erafing this claufe out of the conftitution, we 
 mail greatly offend and alarm the Southern States." Should this be the 
 cafe, Sir, it would be furprifing indeed ! But can it be fuppofed, Mr. 
 Prefident, that any of the fifter States will be offended with us, becaufe 
 we don t fee fit to do that which they themfelves have not done ? Nay, 
 more, will they be offended or alarmed that we do not violate thofe 
 eflential rights of human nature which they have taken the moft effectual 
 care to eftablifh and fecure ? It will not bear a fiippofition ; the argu 
 ment, Sir, is moft ridiculous and abfurd. 
 
 In fine, Sir, I hope we mail not be fo inconfiftent with ourfelves, 
 
Slavery in Majfachufetts. 191 
 
 fo deftitute of all regard to common juftice and the natural rights of 
 men, as to fufFer this form of conflitution to go abroad with this 
 exceptionable claufe ; I hope the motion will obtain, and the claufe be 
 reprobated by the Convention. But mould this not be the cafe, mould it 
 eventually appear that there is fo great a want of virtue within thefe 
 walls, I ftill hope there will be found among the people at large, virtue 
 enough to trample under foot a form of government which thus faps 
 the foundation of civil liberty, and tramples on the rights of men. 
 
 We have already intimated that thefe liberal and 
 enlightened views did not prevail. On the contrary, 
 the <c Conftitution and Form of Government for the 
 State of Maflachufetts Bay, agreed upon by the 
 Convention of faid State, February 28, 1778, to be 
 laid before the feveral towns and Plantations in faid 
 State, for their Approbation or Difapprobation," has 
 the following article: 
 
 " V. Every male inhabitant of any town in this 
 State, being free, and twenty-one years of age, except 
 ing Negroes^ Indians and molattoes, mall be intitled to 
 vote for a Reprefentative or Reprefentatives, as the 
 cafe may be. . . . ," etc. 1 
 
 This not only excludes Negroes, Indians, and 
 Molattoes from the chief right of citizenfhip, but alfo 
 recognizes the exiflence of flavery in the State ; and 
 although it was rejected by an overwhelming vote, we 
 have feen no evidence that this feature of the inftru- 
 ment elicited fuch oppofition as might be expected in 
 a community already prepared for negro emancipa 
 tion and enfranchifement. In the famous EfTex Refult, 
 the ableil document on the fubject now to be found 
 
 1 The remainder of the feftion relates to refidence and property quali 
 fications, etc. 
 
192 Notes on the Hiftory of 
 
 an elaborate report, written by Theophilus Parfons, 
 of a Committee appointed by the Ipfwich Convention 
 for the exprefs purpofe of ftating the non-conformity 
 of this Conftitution to the true principles of govern 
 ment applicable to the territory of the Maflachufetts 
 Bay the fifth article is not referred to ; and the 
 exiftence of flavery, although earneftly deprecated, is 
 clearly recognized, as well as the impracticability of 
 immediate emancipation. 
 
 " The opinions and confent of the majority muft 
 be collected from perfons, delegated by every freeman 
 of the State for that purpofe. Every freeman who 
 hath fufficient difcretion mould have a voice in the 
 election of his legiflators. . . . All the members of 
 the State are qualified to make the election, unlefs they 
 have not fufficient difcretion, or are fo fituated as to 
 have no wills of their own. Perfons not twenty-one 
 years old are deemed of the former clafs. . . . Wo 
 men alfo. . . . Slaves are of the latter clafs and have 
 no wills. But are flaves members of a free govern 
 ment ? We feel the abfurdity, and would to God, 
 the fituation of America and the tempers of its in 
 habitants were fuch, that the flaveholder could not 
 be found in the land." Rejult of the Convention, etc., 
 pp. 28, 29. 
 
 Dr. Gordon continued his zealous championship 
 of the colored races, and in one of his letters on the 
 propofed Conflitution 1 attacked this Fifth Article in 
 a moft pungent ftyle of oppofition. Gordon s rela- 
 
 1 Letter No. n., to the Freemen of the Maflachufetts Bay, dated Rox- 
 bury, April ad, 1778, publifhed in the Continental Journal, April gth, 
 1778. 
 
Slavery in Majfachufetts. 193 
 
 tions with the Legiflature had been moil intimate, as 
 Chaplain to both Houfes, and he well knew how 
 reluctantly the partifans of flavery were giving ground. 
 We quote the paflages referred to : 
 
 " The complexion of the 5th Article is blacker 
 than that of any African ; and if not altered, will be 
 an everlafling reproach upon the prefent inhabitants ; 
 and evidence to the world, that they mean their own 
 rights only, and not thofe of mankind, in their cry for 
 liberty. I remember not, that any State have been fo 
 inconfiftent as to declare in their Conftitution, how 
 ever they may practice, that a freeman mall not have 
 the right of voting, merely becaufe of his being a 
 Negro, an Indian, or a Molatto. I am forry the 
 Convention did not take the hint when given in time, 
 and avoid this public fcandal. It hath been argued, 
 that were Negroes admitted to vote, the Southern 
 States would be offended, and we mould be foon 
 crowded with them from thence. This would be to 
 fuppofe the Southern States as weak as the argument. 
 Will not the Negroes be as likely to crowd into the 
 State, if they may be free, though they are debarred 
 the right of voting ? Will any be fo hardy as to fly 
 in the face of all the declarations through the Conti 
 nent, and affert that the Negroes are made to be, and 
 are fit for nothing but flaves ? Let fuch know, that 
 in Jamaica, there are a number of free Negroes, who, 
 refenting the tyranny of their mafters, freed themfelves 
 from flavery, and continued in a ftate of war for 
 feveral years, till at length King George the lid., by 
 letters patent, empowered two gentlemen to conclude 
 a treaty of peace and friendfhip with them, which was 
 13 
 
194 Notes on the Hiftory of 
 
 done on the ift of March, 1739, wherein they had 
 their liberties confirmed. The exception of Indians 
 is flill more odious, their anceflors having been for 
 merly proprietors of the country. As to Molattoes 
 they mould have been defined. We mould have been 
 told, whether it intended the offspring of a white and 
 Negro, or alfo of a white and Indian ; and whether 
 the immediate offspring alone, or any of their remote 
 defcendants, fo that the blood of a white being inter 
 mixed with that of a Negro or Indian, it mould be 
 contaminated to the latefl pofterity, and cut off the 
 male offspring to the hundredth generation, from the 
 right of voting in an election. 
 
 cc Gentlemen, blot out the exception, and thereby 
 wipe off from the country in general, the difgrace that 
 has been brought upon it by the Convention in par 
 ticular. If any are afraid, that the Bay inhabitants 
 will, in confequence of it, at fome diftant period, be 
 come Negroes, Indians or Molattoes, let the General 
 Court guard againft it by future Acts of State." 
 
 Dr. Gordon had already become very obnoxious 
 to the members of the Legiflature, and was fummarily 
 difmifled from his office of Chaplain to both Houfes, 
 April 4th-6th, 1778, in confequence of his Letter I, 
 publifhed in the Independent Chronicle, April 2d, 
 1778, in which he was faid to have "rafhly reflected 
 upon the General Court," and "mifreprefented their 
 conduct," etc. 
 
 In Bofton, the fubject of flavery became the source 
 of angry contention, which grew into public diforder 
 and riots. Thomas Kench, in Col. Craft s Regiment 
 of Artillery, then on Caftle Ifland, had applied to the 
 
Slavery in Majfachufetts. 195 
 
 Legiflature for leave to raife a detachment of negroes 
 for military fervice. This was on the third of April, 
 1778. On the feventh of the fame month he addrefs- 
 ed a fecond letter to the Council, as follows : 
 
 " The letter I wrote before I heard of the difturb- 
 ance with Col. Scares, Mr. Spear, and a number of 
 other gentlemen, concerning the freedom of negroes, 
 in Congrefs Street. It is a pity that riots should be 
 committed on the occafion, as it is juftifiable that ne 
 groes mould have their freedom, and none amongft 
 us be held as flaves, as freedom and liberty is the 
 grand controverfy that we are contending for ; and I 
 truft, under the fmiles of Divine Providence we mall 
 obtain it, if all our minds can but be united; and 
 putting the negroes into the fervice will prevent much 
 uneafinefs, and give more fatisfaction to thofe that are 
 offended at the thoughts of their fervants being free. 
 
 <c I will not enlarge, for fear I mould give offence ; 
 butfubfcribemyfelf," &c. Mafs. Arch., Vol. 199, 80, 84. 
 
 The propofed Conftitution failed to pafs the ordeal 
 of the popular judgment, fo far as an opinion could 
 be gathered from the very partial returns made of the 
 votes. A hundred and twenty towns neglected to 
 exprefs any opinion at all ; and but twelve thoufand 
 perfons, out of the whole State, went to the polls to 
 anfwer in any way. Two-fixths of them, however, 
 voted in the negative. Adams s Works: iv., 214. 
 Thus the Conftitution was rejected, negro claufe and 
 all maring the fame fate. We have no means of as 
 certaining the exact ftate of parties on this fubject; 
 but there can be no doubt that there was a wide dif 
 ference of opinions among the people. 
 
196 Notes on the Hiftory of 
 
 From the proceedings of the town of Bofton, it 
 does not appear that the citizens of that place objected 
 to the negro exclusion, although they were unanimous 
 againft the constitution. In Cambridge it was voted 
 down unanimoufly, all the voters prefent being Free 
 men, more than 21 years of age, and neither "a NE 
 GRO, INDIAN or MOLATTO." Independent Chronicle: 
 June 4, 1778. 
 
 On the contrary, the town of Dartmouth notes the 
 inconfiftency of excluding the negroes, &c., and favors 
 their equal recognition, but at the fame time aflures 
 the public that there is no Negro, Indian or Molatto 
 among their voters. Continental Journal, June, 1778. 
 
 It is not by any means well afcertained at what 
 period, if ever, the negro was placed on the footing 
 of political equality with the white man in Mafiachu- 
 setts. Public opinion has been juftly characterized 
 as a power often quite as ftrong as the law itfelf. At 
 once the great Ruler, Lawgiver, and Judge of the 
 Anglo-Saxon race, it has held its throne and feat of 
 judgment nowhere more firmly than in MafTachu- 
 fetts. The flave was " emancipated by the force of 
 public opinion ;" and the fame authority, without the 
 abfolute declaration and forms of law, continued to 
 exclude the negro from actual practical equality of 
 civil and political as well as focial rights. 
 
 A "petition of feveral poor negroes and mulat- 
 toes," who were inhabitants of the town of Dart 
 mouth, dated at that place on the loth of February, 
 1780, shows the condition they were in at that time. 
 They humbly reprefent : 
 
 " That we being chiefly of the African extract, and 
 
Slavery in Majfachufetts. 197 
 
 by reafon of long bondage and hard flavery, we have 
 been deprived of enjoying the profits of our labor or 
 the advantage of inheriting eftates from our parents, 
 as our neighbors the white people do, having fome of 
 us not long enjoyed our own freedom ; yet of late, 
 contrary to the invariable cuftom and practice of the 
 country, we have been, and now are, taxed both in 
 our polls and that fmall pittance of eftate which, 
 through much hard labor and induftry, we have got 
 together to fuftain ourfelves and families withall. We 
 apprehend it, therefore, to be hard ufage, and will 
 doubtlefs (if continued) reduce us to a ftate of beg 
 gary, whereby we fhall become a burthen to others, 
 if not timely prevented by the interpofition of your 
 juflice and power, 
 
 "Your petitioners further mow, that we appre 
 hend ourfelves to be aggrieved, in that, while we are 
 not allowed the privilege of freemen of the State , having 
 no vote or influence in the election of thoje that tax us, 
 yet many of our color (as is well known) have 
 cheerfully entered the field of battle in the defence of 
 the common caufe, and that (as we conceive) againft 
 a fimilar exertion of power (in regard to taxation), 
 too well known to need a recital in this place. 
 
 "We moft humbly request, therefore, that you 
 would take our unhappy cafe into your ferious con- 
 (ideration, and, in your wifdom and power, grant us 
 relief from taxation, while under our prefent deprefled 
 circumftances," &c. 
 
 This petition was addrefled "to the Honorable 
 Council and Houfe of Reprefentatives, in General 
 Court aflembled, for the State of Maflachufetts Bay, 
 
198 Notes on the Hiftory of 
 
 in New England." The lofs or imperfections of the 
 journals of this period prevent us from knowing what, 
 if any, action was had on this petition, but a memo 
 randum in the handwriting of the leading petitioner, 
 on the copy from which the above was taken, tells 
 the story : 
 
 " This is the copy of the petition which we did 
 deliver unto the Honorable Council and Houfe, for 
 relief from taxation in the days of our diftrefs. But 
 we received none. JOHN CUFFE," 
 
 Another copy of the petition was found, with the 
 date, "January 220!, 1781," not iigned, by which it 
 would appear that they intended to renew their appli 
 cation to the government for relief. 
 
 The records of the town of Dartmouth alfo fhow 
 that thefe colored inhabitants refifted the payment of 
 taxes, and the 22d of April, 1781, they applied to the 
 felectmen of the town, "to put a fhroke in their next 
 warrant for calling a town-meeting, fo that it may 
 legally be laid before faid town, by way of vote, to 
 know the mind of faid town, whether all free negroes 
 and mulattoes fliall have the Jame privileges in this 
 faid town of Dartmouth as the white people have> 
 refpecting places of profit, choofing of officers, and 
 the like, together with all other privileges in all cafes 
 that mall or may happen or be brought in this our 
 faid Town of Dartmouth." Nell s Colored Patriots of 
 the Revolution, pp. 8790. 
 
 It has been ftated that thefe proceedings refulted 
 in eftablifhing the right of the colored man to the 
 elective franchife in MafTachufetts, and that a law was 
 enacted by the legiflature granting him all the privi- 
 
Slavery in Maffachujetts. 199 
 
 leges belonging to other citizens. Ibid., pp. 90, 77. 
 But we can find no evidence to corroborate this ftate- 
 ment, which is alfo entirely inconfiftent with fubfe- 
 quent legiflation. 
 
 As late as 1795, the political flatus of the negro in 
 Maflachufetts was by no means definitely determined. 
 Dr. Belknap gave, as the refult of his inquiries on the 
 fubject, the ftatement that they were cc equally under 
 the protection of the laws as other people. Some 
 gentlemen (fays he) whom I have confulted, are of 
 opinion, that they cannot elect, nor be elected, to the 
 offices of government \ others are of a different opin 
 ion." Mr. Thomas Pemberton was one of the per- 
 fons referred to by Dr. Belknap, and in his letter of 
 March 12, 1795, fays expreflly that "the qualifica 
 tions required by the Maflachufetts Conftitution pre 
 vents the people of colour from their being electors 
 or elected to any public office." 
 
 Dr. Belknap continues, " For my own part, I fee 
 nothing in the conftitution which difqualifies them 
 either from electing or being elected, if they have the 
 other qualifications required ; which may be obtained 
 by blacks as well as by whites. Some of them cer 
 tainly do vote in the choice of officers for the ftate and 
 federal governments, and no perfon has appeared to 
 conteft their right. Inftances of the election of a black 
 to any publick office are very rare. I knew of but 
 one, and he was a town-clerk in one of our country 
 towns. He was a man of good fenfe and morals, and 
 had a fchool education. If I remember right, one of 
 his parents was black and the other either a white or 
 mulatto. He is now dead." M. H. $. Coll., i., iv., 208. 
 
200 Notes on the Hiftory of 
 
 The queftion muft have been regarded as of little 
 practical importance, for the relative number of ne 
 groes was fmall ; and of thofe all but a very infignifi- 
 cant fraction were excluded by the property qualifica 
 tion. Had it been regarded with intereft enough to 
 call for an authoritative decifion, there is little room 
 for doubt what it would have been. 
 
 IX. 
 
 WE come now to the Conflitution of 1780, the 
 inftrument by which it is alleged that flavery was 
 abolifhed in MafTachufetts. In the illuftration of our 
 fubject, its hiftory is very important, and demands 
 careful and accurate criticism. 
 
 After the failure of the attempt in 1778, a conven 
 tion of delegates chofen for the purpofe was decided 
 upon to form a Conftitution of government. They 
 were elected in the fummer of 1779, and met at Cam 
 bridge on the i ft of September of that year. On the 
 3d they refolved to prepare a Declaration of Rights 
 of the people of the MafTachufetts Bay, and alfo to 
 proceed to the framing a new Conftitution of Govern 
 ment. On the next day, Sept. 4th, a Committee of 
 thirty perfons was chofen to prepare a Declaration of 
 Rights and the form of a Conftitution. On the 6th 
 September, the Convention adjourned until the 28th 
 October, for the purpofe of giving the Committee 
 time to prepare a report. Immediately upon the 
 adjournment, the General Committee met in Bofton, 
 and delegated the duty of preparing a draught of a 
 
Slavery in Majfachufetts. 201 
 
 Conftitution to a fub-committee of three members 
 James Bowdoin, Samuel Adams, and John Adams. 
 By this fub-committee the tafk was committed to 
 John Adams, who performed it. The preparation 
 of a Declaration of Rights was intrufted by the Gen 
 eral Committee to Mr. Adams alone. His own 
 ftatement with regard to it is, " The Declaration of 
 Rights was drawn by John Adams ; but the article 
 refpecting religion, was referred to fome of the clergy 
 or older and graver perfons than myfelf, who would 
 be more likely to hit the tafte of the public/ MS. 
 Letter of John Adams to William D. Williamjon, 25 
 February, 1812, quoted in WiUiamfoifs Maine, n, 
 483, note. Adams s Works : iv., 215-16. 
 
 The firft Article of the Declaration of Rights, as 
 reported to the Convention, was as follows : 
 
 "ART. i. All men are born equally free and in 
 dependent, and have certain natural, eflential and un- 
 alienable rights : among which may be reckoned the 
 right of enjoying and defending their lives and liber 
 ties ; that of acquiring, porTeffing, and protecting their 
 property; in fine; that of feeking and obtaining their 
 fafety and happinefs." Report, p. 7. 
 
 This article, as reported, met with no oppofition, 
 elicited little or no discuflion, and was accepted with 
 but flight and unimportant verbal amendments. 
 Journal, p. 37. It ftands thus in the Conftitution of 
 Maflachufetts : 
 
 "ART. i. All men are born free and equal, and 
 have certain natural, eflential, and unalienable rights ; 
 among which may be reckoned the right of enjoying, 
 and defending their lives and liberties ; that of ac- 
 
2O2 Notes on the Hi/lory of 
 
 quiring, poflefling, and protecting property ; in fine, 
 that of feeking and obtaining their fafety and happi- 
 nefs." Conftitution, p. 7. 
 
 Its language is nearly the fame with that of the 
 firft article of the Bill of Rights of Virginia, written 
 by George Mafon, and adopted by her Convention 
 on the 1 2th of June, 1776, when "Virginia pro 
 claimed the Rights of Man." Bancroft, vin., 381. 
 The fame language, common in thofe days, became 
 more familiar in the Declaration of Independence, on 
 the 4th of July, 1776, and in the Pennfylvania De 
 claration of Rights, July 1 5th September 2 8th, 1776 ; 
 and this affirmation of natural and even unalienable 
 rights had long ceafed to be a novelty before MafTa- 
 chufetts repeated it in her Convention of 1779-80. 
 The Conftitution was fubmitted to the people in 
 March, adopted by a popular vote in June, and the 
 new government went into operation on the 25th of 
 October, 1780. 
 
 It is a remarkable ftatement for a Maflachufetts 
 writer to make, but it is undoubtedly true, that cc much 
 intereft has been felt of late years to know when, and 
 under what circumftances, ilavery ceafed to exift in 
 Maffachufetts." M. H. S. Coll., iv., iv., 333. The 
 fad that Daniel Webfler had not been able a few 
 years before his death to determine this queftion fatis- 
 factorily, is pretty good evidence that it was doubtful; 
 and will go far to juftify a good degree of caution in 
 its decifion. In 1836, Chief- Juftice Shaw made an 
 interefting ftatement on this point: 
 
 " How or by what act particularly, flavery was 
 abolifhed in Maflachufetts, whether by the adoption 
 
Slavery in Maffachujetts. 203 
 
 of the opinion in Somerfet s cafe, as a declaration and 
 modification of the common law, or by the Declaration 
 of Independence, or by the Conftitution of 1780, it 
 is not now very eafy to determine, and it is rather a 
 matter of curiofity than utility ; it being agreed on all 
 hands, that if not abolifhed before, it was fo by the 
 Declaration of Rights." Commonwealth v. Aves, 18 
 Pickering, 209. 
 
 Few perfons can now be found hardy enough to 
 date the abolition of flavery in Maffachufetts from 
 Lord Mansfield s decifion in the Somerfet cafe, or 
 the Declaration of Independence. But the received 
 opinion in Maflachufetts is, that the firft article of 
 the Declaration of Rights was not fimply the decla 
 ration of an abftract principle or dogma, which might 
 be wrought out into a practical fyftem by fubfequent 
 legiflation, but was intended to have the aftive force 
 and conclufive authority of law ; to divefl the title of 
 the matter, to break the bonds of the flave, to annul 
 the condition of fervitude, and to emancipate and fet 
 free by its own force and efficacy, without awaiting 
 the enforcement of its principles by judicial decifion. 
 Compare 7 Gray, 478. 5 Leigh, 623. 
 
 We have made diligent inquiry, fearch, and ex 
 amination, without difcovering the flighteft trace of 
 pofitive contemporary evidence to fhow that this 
 opinion is well founded. The family traditions which 
 have defignated the elder John Lowell as the author 
 of the Declaration, and afligned the intention to 
 abolifh flavery as the exprefs motive for its origin, 
 will not ftand the teft of hiflorical criticifm. The 
 truth is, that the bold judicial conftruction by which 
 

 204 Notes on the Hiftory of 
 
 it was afterwards made the instrument of virtual aboli 
 tion, was only gradually reached and fuftained by public 
 opinion the Court having advanced many fteps fur 
 ther than was intended by the Convention or under- 
 ftood by the people, in their decifion on this fubjedL 
 If it were poffible that fuch a purpofe could have 
 been avowed in the Convention and wrought into their 
 work, without oppofition, it certainly could not have 
 pafTed abfolutely without notice. Such a converfion 
 would be too fudden to be genuine ; and if we follow 
 the facts in their natural chronological order, the 
 actual refult will fall into its due place and petition 
 without force or violation of the truth of hiftory. 
 
 Now there is no evidence of oppofition, either in 
 the Convention or out of it. Not even a notice of 
 this important revolution, in the newfpapers of the 
 day or elfewhere, has rewarded our earneft and careful 
 fearch. John Adams, the author of the Bill of Rights, 
 was not in favor of immediate emancipation (see ante, 
 p. no). The moft ftrenuous anti-flavery men were 
 unconfcious of any fuch intention or refult for a long 
 time afterward ; and the newfpapers continued to ad- 
 vertife the fales of negroes as before. There is no 
 thing to mow that fo great a change was contemplated 
 or realized, and thofe who maintain it would have us 
 believe that the people of MafTachufetts, like the 
 Romans on another memorable occafion, fuddenly 
 became quite another people. 1 
 
 The addrefs of the Convention, on fubmitting the 
 refult of their labors to their conftituents, makes no 
 
 1 " Ad primum nuntium cladis Pompeianae populus Romanus repente 
 fa&us eft alius." 
 
Slavery in Maffachujetts. 205 
 
 allufion whatever to this fubject. No one can read it 
 fetting forth as it does the principal features of the 
 new plan of government, the grounds and reafons 
 upon which they had formed it, with their explana- 
 . tions of the principal parts of the fyftem and retain 
 the belief that they had confcioufly, deliberately, and 
 intentionally adopted the firft claufe in the Declara 
 tion of Rights for the exprefs purpofe of aboliming 
 flavery in MafTachufetts. The fame Bill of Rights 
 provided that cc no part of the property of any indi 
 vidual, can, with juftice, be taken from him, or applied 
 to public ufes, without his own confent, or that of the 
 reprefentative body of the people," and, in another 
 claufe, that cc no fubject mall be ... deprived of his 
 property but by the judgment of his peers, or the law 
 of the land." Conftitution, p. 10, n. Did the members 
 of that Convention intend deliberately to diveft the 
 recognized title to property of their fellow-citizens, 
 amounting to not lefs than half a million of dollars,^ 
 without a word of explanation of the high grounds of 
 juftice or public policy on which they bafed their 
 action ? If any further evidence is needed in this con 
 nection, it may be found in the fubfequent fuits, with 
 the entire proceedings and arguments of counfel, by 
 which the refult of virtual abolition was finally fecured ; 
 as well as in the legiflative proceedings which followed 
 all utterly inconfiftent with the theory of a direct 
 and intentional abolition by the Convention and 
 People. Compare Wafliburn^ in M. H. S. Coll., iv., 
 
 iv -> 333346. 
 
 We have faid that earneft anti-flavery men at that 
 time were not aware of the alleged intention of the 
 
206 Notes on the Hiftory of 
 
 Convention to abolifli flavery by the declaration in 
 the Bill of Rights. We have previoufly referred to 
 the earneft efforts of Deacon Colman, of Newbury, 
 againfl flavery as early as 1774- 7 5. A controverfy 
 between him and his confervative minifter, as fhown 
 in the Church Records from 1780 to 1785, demon- 
 ftrates this fact. The minifler was the father of 
 Theophilus Parfons, afterwards fo well known in the 
 State of Maffachufetts as Chief Juftice the " Giant 
 of the Law." In the Deacon s Teftimony and De 
 claration, he fays : 
 
 cc The flaves in this State have petitioned for 
 Liberty and Freedom from Bondage, fince our Trou 
 bles began, in the moft importunate and humble man 
 ner ; yet they art not Jet free in a general way. . . . 
 Magiftrates, Minifters and common people have had 
 
 a hand in this Iniquitous Trade Should 
 
 you plead, Sir, the Law of the Land, or the practice 
 of the people, as an excufe in your favour ; I anfwer, 
 that neither the law of the land, nor the commonnefs 
 of the people s practice in this affair, alters the nature 
 of the Crime at all : for that which is Wrong in its 
 own nature, can never be made right by any law or 
 practice of men." Coffin s Newbury : 342-50. 
 
 This was written November 7th, 1780, after the 
 eflabHfhment of the new government, and months 
 after the Convention had completed their work and 
 fubmitted it to the people. 
 
 The records of the church at Byfield contain a 
 long account of the controverfy between Mr. Parfons 
 and his zealous anti-flavery deacon neither of whom 
 appears to have been aware that flavery, which was 
 
Slavery in Maffachufetts. 207 
 
 the fubject of their difpute, had been abolifhed, either 
 "virtually" or otherwife. 
 
 As late as the jd of November, 1783, the deacon, 
 who had been fuf pended from communion on account of the 
 violence of his zeal againft the inftitution, addrefled the 
 brethren by a communication, in which he declared 
 that they had mut him out of their communion cc for 
 bearing Teftimony againft the deteftable practice of 
 Slave keeping, and making merchandife of human 
 people." He adds, "you can t but be fenfible the 
 practice of Slave keeping is Reprobated, and Abhorr d 
 by the moft Godly people through this State," etc. 
 All seem to be utterly ignorant of the abolition inten 
 tion of the firft claufe in the Declaration of Rights. 
 See Coffin s New bury : pp. 342 et seqq. 
 
 Let us turn again to the newfpapers. Have the 
 advertifements, which provoked the indignation of 
 Doctor Gordon in 1776, difappeared before the new 
 Conftitution and the firft article of the Bill of Rights ? 
 Let the following felections anfwer the query ! They 
 are from papers publifhed during the continuance of 
 the Convention, and the year following, until fix 
 months after the new government went into operation. 
 
 From the Continental Journal, November 25, 1779. 
 " To be SOLD A likely NEGRO GIRL, 16 years 
 of Age, for no fault, but want of employ." 
 
 From the fame, December i6th, 1779. 
 
 " To be SOLD, A Strong likely NEGRO GIRL," 
 &c. 
 From the Independent Chronicle, March 9th, 1780. 
 
 " To be SOLD, for want of employment, an 
 exceeding likely NEGRO GIRL, aged nxteen." 
 
208 Notes on the Hiftory of 
 
 From the fame, March 3oth and April 6th, 1780. 
 
 " To be SOLD, very Cheap, for no other 
 Reafon than for want of Employ, an exceeding 
 Active NEGRO BOY, aged fifteen. Alfo, a likely 
 NEGRO GIRL, aged feventeen." 
 
 From the Continental Journal, Auguft 17, 1780. 
 
 " To be SOLD, a likely NEGRO BOY." 
 From the fame, Auguft 24th and September yth. 
 
 " To be SOLD or LETT, for a term of years, 
 a ftrong, hearty, likely NEGRO GIRL." 
 
 From the fame, Oft. i9th and 26th, and Nov. 2d. 
 
 " To be SOLD, a likely NEGRO BOY, about 
 eighteen years of Age, fit for to ferve a Gentleman, 
 to tend horfes or to work in the Country." 
 
 From the fame, Oftober 26th, 1780. 
 
 " To be SOLD, a likely NEGRO BOY, about 13 
 years old, well calculated to wait on a Gentleman. 
 Inquire of the Printer." 
 
 " To be SOLD, a likely young Cow and CALF. 
 Inquire of the Printer." 
 
 Independent Chronicle, Dec. i4th, 21 ft, 28th, 1780. 
 
 " A NEGRO CHILD, foon expefted, of a good 
 breed, may be owned by any Perfon inclining to 
 take it, and Money with it." 
 
 Continental Journal, Dec. 21, 1780, and Jan. 4, 1781. 
 " To be SOLD, a hearty, ftrong NEGRO WENCH, 
 about 29 years of age, fit for town or country." 
 
 The terms of the following announcement indi 
 cate the fact that " notions of Freedom " were begin 
 ning to find their way into other heads befides thofe 
 of matters and miftrefles. 
 
Slavery in Majfachujetts. 209 
 
 From the Continental Journal, March i, 1781. 
 
 " To be SOLD, an extraordinary likely NE 
 GRO WENCH, 1 7 years old, fhe can be warranted 
 to be ftrong, healthy and good-natured, has no 
 notion of Freedom, has been always ufed to a 
 Farmer s Kitchen and dairy, and is not known to 
 have any failing, but being with Child, which is 
 the only caufe of her being fold." * 
 
 This advertifement, which was repeated for two 
 weeks after in the papers of the 8th and I5th March, 
 muft clofe our quotations of this fort. If it was not 
 the laft published in Maflachufetts, it ought to have 
 been ! It brings us in point of time to the period in 
 which fuits growing out of the relations of matter and 
 flave were brought in the courts of law, which ulti 
 mately refulted in extending the Declaration in the 
 Bill of Rights to enflaved Indians and Negroes 
 preaching deliverance to the captives, and fetting at 
 liberty them that were bruifed the virtual abolition 
 of flavery. 
 
 No contemporaneous report appears to be extant, 
 of the decifions by which the general queftion of the 
 legality of flavery in Maflachufetts was determined. 
 Chief-Juftice Parfons, in 1806, in the cafe fo fre 
 quently quoted before, ftated that, cc in the firfl action 
 involving the right of the matter, which came before 
 
 1 This reminds us of the period in Britifh hiftory when Ireland was the 
 greateft mart for Englifh flaves. In thofe days, when any one had more 
 children or fervants than he could keep, he took them to the ready market 
 of Briftol, and there found Irifh merchants, ready to purchafe. Malmes- 
 bury affirms, that it was no uncommon thing to behold young girls, ex- 
 pofed to fale there, in a ftate of pregnancy, which raifed their value 
 Bridge s Jamaica: n., Notes, 455-6. 
 H 
 
2io Notes on the Hiftory of 
 
 the Supreme Judicial Court after the eftablifhment of 
 the Conftitution, the judges declared that, by virtue 
 of the firft article of the Declaration of Rights, flavery 
 in this State was no more." iv. Mafs. Reports, 128. 
 The report does not ftate -what cafe was here referred 
 to, and there has been a confiderable difference of 
 opinion among thofe who have referred to the fubjecl. 
 The accounts are various and inconfiftent, agreeing 
 only in one refpect, that a determination gradually 
 grew up to confider Jlavery as abolifhed, notwithstanding 
 the failure of every attempt to deflroy it by legifla- 
 tion. 
 
 The cafe of Elizabeth Freeman, better known as 
 cc Mum Bet," has been ftated by fome as the turning- 
 point of legal decifion ; in which Judge Theodore 
 Sedgwick defended the flave, who was pronounced 
 free. The biographer of Mr. Sedgwick in the New 
 American Cyclopaedia fays : <c This, it is believed, 
 was the firft fruit of the declaration in the Maffachu- 
 fetts Bill of Rights that c all men are born free and 
 equal, and led to the end of flavery in MafTachu- 
 fetts." 1 
 
 The Duke de la Rochefoucault Liancourt gives 
 an account of the termination of flavery in MafFachu- 
 fetts, which is the more interefting that it may have 
 been derived from Mr. Sedgwick himfelf, with whom 
 he was acquainted at Philadelphia, and whofe hofpi- 
 tality he enjoyed in MafTachufetts. He fays : "In 
 1781, fome negroes, prompted by private fuggeftion., 
 
 1 A writer in the Edinburgh Review, for January, 1864, reprefents 
 this cafe as having occurred in 1772, and the refult of the Maflachufetts 
 Conftitution of 1780 ! 
 
Slavery in Maffachujetts. 2 1 1 
 
 maintained that they were not flaves : they found ad 
 vocates, among whom was Mr. Sedgwick, now a mem 
 ber of the Senate of the United States ; and the caufe 
 was carried before the Supreme Court. Their counfel 
 pleaded, i. That no antecedent law had eftabliihed 
 flavery, and that the laws which feemed to fuppofe it 
 were the offspring of error in the legislators, who had 
 no authority to enact them : 2. That fuch laws, 
 even if they had exifted, were annulled by the new 
 Conftitution. They gained the caufe under both 
 afpects : and the folution of this firft queftion that 
 was brought forward fet the negroes entirely at liber 
 ty, and at the fame time precluded their pretended 
 owners from all claim to indemnification, Since they 
 were proved to have poSTeSTed and held them in flavery 
 without any right. As there were only a few flaves in 
 MaSTachufetts_, the decifion paSTed without opposition, 
 and banifhed all further idea of flavery." Travels, 
 etc., ii., 166, 212-13. 
 
 John Quincy Adams, in reply to a queftion put 
 by John C. Spencer, ftated that "a note had been 
 given for the price of a flave in 1787. This note was 
 fued, and the Court ruled that the maker had received 
 no consideration, as man could not be fold. From 
 that time forward, flavery died in the Old Bay State." 
 Nell s Colored Patriots, 59. 
 
 There is now, however, little room for doubt that 
 the leading cafes were thofe concerning a flave named 
 Quork Walker, belonging to Nathaniel Jennifon, a 
 farmer of the town of Barre, in Worcefter County. 
 The flave deferted his mafter, and was received and 
 employed as a fervant by John Caldwell, a neighbor, 
 
212 Notes on the Hiftory of 
 
 alfo a farmer. 1 The flave had been beaten and im- 
 prifoned, and otherwife maltreated by his mafter, 
 whether before or after his defertion, or both, does not 
 appear. Out of thefe principal facts grew the feries 
 of addons in the Courts which we are now briefly to 
 iketch. Two of them were commenced in the Inferior 
 Court of Common Pleas for the County of Worcefter, 
 at the June Term in 1781. They were entitled, 
 Nathaniel Jennijon vs. John and Seth Caldwell y and 
 ghiork Walker vs. Nathaniel Jennijon. 
 
 The firft was a fuit for damages for enticing away 
 the flave from his mafter, etc., which refulted in a 
 verdict againft the friends of the flave, and an aflefs- 
 ment of damages at twenty-five pounds (257.) in law 
 ful gold or ftlver, or bills of public credit equivalent 
 thereto, and cofts of fuit at 2 in like money ? 
 
 in favor of the mailer. From this judgment the 
 friends of the flave appealed. 
 
 The fecond was a fuit for damages for aflault 
 and beating, etc., which refulted in a verdict againft 
 the mafter. The jury found that the faid Quork was 
 a freeman, and not the proper negro flave of the 
 defendant, and aflefled damages for the plaintiff in the 
 fum of fifty pounds (5O/.) in lawful gold or filver, 
 or bills of public credit equivalent thereto. The cofts 
 were taxed at 6/. iu. jd, like money, From this 
 judgment the mafter appealed. 
 
 Both appeals came on at the next Term of the Su- 
 
 1 Jennifon s wife was a Caldwell, and he acquired pofleffion of this flave, 
 in right of his wife, who owned him before marriage. It may be that this 
 controverfy originated in fome family quarrel. 
 
 2 The amount of cofts is not itated in the record. 
 
Slavery in Majfachujetts. 213 
 
 perior Court, held at Worcefter on the third Tuefday 
 (i8th) of September, 1781, before Judges Sargent, Se- 
 wall, and Sullivan. 
 
 In the firft cafe, Nathaniel Jennifon, Apf 1 ., vs. 
 )uork Walker, the recorded refult was "And now 
 the Appellant being called comes into Court, but does 
 not produce and give into Court attefted copies of the 
 writ, Judgment, or of the Evidences filed in the In 
 ferior Court, as the law directs, wherefore it is order 
 ed that his default be recorded." Docket September 
 jTVra, 1781, in Worcefter. Records, iy8i,foL 79. In 
 his fubfequent attempts to procure a re-entry of this 
 caufe, Jennifon grounded his petition to the Legifla- 
 ture on the allegation that he had " confided in his 
 Council to produce the papers from the Court of 
 Common Pleas, which papers the faid Council failed 
 to produce^ by means whereof he became defaulted, 
 and judgment was rendered againft him." Majs. 
 Refolves, 1782,^. 182. 
 
 Quork Walker 9 Comp*., vs. Nathaniel Jennifon , ac 
 cordingly obtained an affirmation of the judgment. 
 As recorded in the Superior Court, it is a " Judgment 
 for 5o/. Gold or Silver, or Bills of public Credit of 
 the new Emiffion equivalent i 7~8th for one Silver 
 Dollar. Damage and cofts taxed at yl. los. yd. Exon. 
 iflued Feb. 6th, 1782." The Legiflature granted a 
 ftay of execution by their refolve of March 5th, 1782. 
 Rejolves y p. 182. The legiflative proceedings on this 
 fubjecl will be noticed hereafter. 
 
 In the appeal of the fecond cafe, John Caldwell et 
 aL Afp is . vs. Nathaniel Jennifon, the Jury found " the 
 Appellants not guilty in manner and form as the 
 
214 Notes on the Hiftory of 
 
 Appellee in his Declaration has alleged ;" and they 
 accordingly had Judgment for Cofts. Records, 1781, 
 fol 79, 80. 
 
 The array of counfel in this cafe was diftinguifhed, 
 being, for the Appellants, Caleb Strong and Levi 
 Lincoln ; and for the Appellee, Simeon Strong, John 
 Sprague, and William Stearns. Mr. Wamburn, in 
 his paper on cc the Extinction of Slavery in Mafla- 
 chufetts," gives an interefting account of thefe fuits, 
 and prints (C the Jubftance" of Mr. Lincoln s brief, 
 which is fo important as to provoke our flncere regret 
 that he did not print it entire and without modifica 
 tion. M. H. S. Coll., iv., iv., 340-44. 
 
 The refult of the civil actions encouraged the 
 friends of the flave to proceed ftill further ; and an 
 indictment was found at the fame Term of the Court 
 (September, 1781) againft the mailer " for aflault and 
 battery, and falfe imprifonment." It was not tried 
 until nearly two years later, April Term, 1783, when 
 the defendant was found guilty and fentenced to be 
 fined 40^.5 pay cofts of profecution, and ftand com 
 mitted till fentence be performed. Records y 1783, 
 fol. 85. 
 
 Dr. Belknap wrote and printed, in the year 1795, 
 a notice of this trial, which we copy. 
 
 " In 1781, at the Court in Worcefter County, an 
 indictment was found againft a white man for affault- 
 ing, beating, and imprifoning a black. He was tried 
 at the Supreme Judicial Court in 1783. His defence 
 was, that the black was his flave, and that the beating, 
 etc., was the neceflary reftraint and correction of the 
 mafter. This was anfwered by citing the aforefaid 
 
Slavery in Maffachujetts. 215 
 
 claufe in the declaration of rights. The judges and 
 jury were of opinion that he had no right to imprifon 
 or beat the negro. He was found guilty and fined 
 40 fliillings. This decifion was a mortal wound to 
 flavery in MafTachufetts." M. H. S. Cot!., i., iv., 203. 
 
 When owners of flaves found that under the new 
 regime they were to be held liable in damages for 
 correction of their flaves, they were not flow to fee the 
 neceflary confequences, and at once appealed to the 
 Legiflature, if they approved the judgment of the 
 Court, to releafe them from the ftatute obligations 
 growing out of their relations under the law of flavery 
 in MafTachufetts. Nor did their anxiety diminifli 
 when fine and imprifonment for criminal breach of the 
 peace were added to civil damages for the fame offence. 
 Had the members of the Convention entertained the 
 opinions which have fince been afcribed to them, there 
 would have been no room left for doubtful conftruc- 
 tion of general principles, for all the laws which fus- 
 tained flavery would have been exprefsly repealed, by 
 the very firfl legiflatures under the Constitution, in 
 which many of the fame men were prefent. But the 
 Legiflature confidered, hefitated, and did nothing. 
 Their proceedings would feem to have been governed 
 by caprice, if we did not recognize the difficulties under 
 which they labored, and the various and conflicting 
 elements which controlled them. 
 
 The firfl: movement in the Legiflature was made 
 at about the fame time the fuits were begun at Wor- 
 cefter. In the Houfe of Reprefentatives, on the 9th 
 of June, 1781, it was <c Ordered, that Mr. Lowell, 
 Col. Afliley, and Mr. Robbins be a Committee with 
 
216 Notes on the Hiftory of 
 
 fuch as the honorable Senate fhall join, to confider a 
 Remonftrance of a number of perfons owning negro 
 Jervants, and to report what may be proper to be 
 done thereon." Mr. Lowell promptly declined to 
 ferve on this committee, for the next entry is, "Mr. 
 Lowell is excufed, and Dr. Dunfmore is put on in his 
 room." Journal, Vol. n., p. 50. The order was fent 
 up for concurrence, and we find on the fame day, in 
 the Senate, a concurrence in the appointment of 
 "Doct. Denfmore in the room of Mr. Lowell refigned, 
 excufed by the Houfe." Journal, u., 24. On the 
 1 2th of June, the Senate refufed to concur in the 
 " Order of the Houfe on the Remonftrance and peti 
 tion of Nathan Jennifon and others owning Negro 
 Servants" Ibid., 28. 
 
 We have been unable to find this memorial, in 
 which other flaveholders befides Jennifon joined, ap 
 parently with a remonftrance againft the very firft 
 fteps in thofe proceedings whofe refults they had no 
 difficulty in foretelling. In all the fubfequent applica 
 tions for legiflative relief, Jennifon appears alone. 
 
 In the Houfe of Reprefentatives, on the 28th of 
 January, 1782, a petition was read from Nathaniel 
 Jennifon, praying for leave to re-enter an appeal of 
 an action againft Quock Walker, which had been de 
 faulted through the neglect of his counsel, at the Su 
 preme Judicial Court next to be holden at Worcefter. 
 It was referred to Mr. Metcalf, Mr. Smead, and Mr. 
 Chamberlain, who reported the fame day a refolve 
 granting his prayer, which was read and accepted, and 
 fent up for concurrence. Journal, Vol. u., 487, 492. 
 The Senate, on the I4th of February, refufed to 
 
Slavery in Maffachujetts. 217 
 
 concur, Journal, Vol. n., 263, but on the 5th of 
 March patted a refolve directing, on the petition of 
 Jennifon, that the petitioner ferve the adverfe party 
 with an attefted copy of the Petition, and to fhow 
 caufe. This refolve was concurred in by the Houfe. 
 Ibid., 300. It is printed in the book of refolves, 
 March, 1782,^. 182. 
 
 On the 1 8th of April, 1782, this matter came up 
 again in the Senate, Jennifon having complied with 
 the previous refolve ; and his petition, together with 
 the anfwer of Quock Walker, was read. It was then 
 " ordered, that Ifrael Nichols, Efq., with fuch as the 
 Houfe mould join be a Committee to confider this 
 Petition and the Anfwer, hear the parties and report." 
 On the following day, the Houfe concurred and ap 
 pointed MefTrs. FefTenden and White upon the joint 
 Committee. This committee of both Houfes prefented 
 their report on the 2pth of April, on which it was 
 " Ordered that the Petition lie till fufficient evidence 
 be produced that the petitioner loft his Law/ Senate 
 Journal, n., 344, 363. Houfe Journal, n., 676. 
 
 The next movement opens a wider view of the 
 whole affair. In the Houfe of Reprefentatives, on 
 the 1 8th of June, a new petition was prefented from 
 Nathaniel Jennifon, cc fetting forth that he was de 
 prived of ten Negro Servants by a judgment of the 
 Supreme Judicial Court on the following claufe of the 
 Conftitution, c That all men are born free and equal/ 
 and praying that if faid judgment is approved of, he 
 may be freed from his obligations to fupport faid 
 negroes." Journal, in., 99. 
 
 Jennifon s original memorial, of which the notice 
 
218 Notes on the Hiftory of 
 
 on the Journal is an abftract, is ftill preferved. He 
 refpedfully " fhows that by the Bill of Rights pre 
 fixed to the Conftitution of Government, it is among 
 other things declared c that all men are born free and 
 equal/ which clauje in thejaid Conftitution has been the 
 fubjeffi of much altercation and dijpute that the Judges 
 of the Supreme Judicial Court have Jo conftrued the fame 
 as to deprive your memorialift of a great part of his pro 
 perty, to which he thought his title good, not only by 
 ancient and eftablifhed ufage, but by the Laws of the 
 Land. That your Memorialift having been pofTefTed 
 of Ten Negro Servants, moft of whom were born in 
 his family, fome of them young and helplefs, others 
 old and infirm, is now informed that by the determina 
 tion of the Supreme Judicial Court, the Jaid Clauje in the 
 Bill of Rights is Jo to be conftrued, as to operate to the total 
 dijcharge and manumiffion of all Negro Servants whatjo- 
 ever. What the true meaning of faid Claufe in the 
 Conftitution is, your Memorialift will not undertake 
 to fay, but it appears to him the operation thereof in 
 manner aforementioned, is very different from what the 
 People apprehended at the time the fame was eftabliftied" 
 He argues that " they could not mean to offend 
 the Southern States in fo capital a point with them, 
 and thereby to endanger the Union, and what is more, 
 they could not mean to eftablifh a doctrine repugnant 
 and contradictory to the revealed word of God." He 
 enforces the latter argument by abundant quotation 
 from the 25th chapter of Leviticus; and concludes his 
 memorial with an earneft appeal to the Legiflature, 
 that if fervants are to be made free, their mafters may 
 alfo be emancipated regarding the ftatute obligation 
 
Slavery in Majfachufetts. 219 
 
 to provide for the freedmen whenever they fhould be in 
 want, as a fpecies of flavery alfo inconfiftent with the 
 Bill of Rights. 
 
 Jennifon s Memorial was at once cc committed to 
 Colonel Pope, Mr. Stow, and Dr. Manning." Journal, 
 in., 99. We find no further direct trace. of it, but, 
 three days afterward, a bill was introduced into the 
 Houfe, entitled "an Act repealing an Act entitled an 
 Act relating to Molatto and Negro flaves ; " which 
 was read a firft time and referred to the next feflion 
 of the General Court. Journal^ in., 418. The act 
 thus propofed to be repealed was the old Province 
 Law of 1703, Chap. 2, whofe provifions in reftraint 
 of emancipation, etc., we have previoufly noticed 
 (ante, pp. 534) ; and whofe repeal would be in ac 
 cordance with the alternative proportion in the me 
 morial of Jennifon. 
 
 Whether they were flimulated by the new views 
 of the fubject in the Houfe, or cc fufficient evidence 
 had been produced " to fatisfy them that Jennifon 
 had cc lofl his law," we cannot fay; but on the 3d 
 of July, 1782, the Senate pafTed another resolve, "on 
 the petition of Nathaniel Jennison, permitting him 
 to re-enter his appeal, etc., at the Supreme Judicial 
 Court at Worcefter." They fent it down for concur 
 rence, but, this time, the Houfe refufed to concur. 
 Senate Journal, in., 109. 
 
 Having taken the initiative towards repealing the 
 old laws concerning the rights and obligations of 
 matters and (laves, they may have thought it un- 
 necefTary to promote judicial action, until the new 
 fyftem fhould be perfected. Nearly three months 
 
22O Notes on the Hiftory of 
 
 afterward, on the 26th of September, 1782, they fent 
 a meflage to the Senate to requeft that the petition 
 (and refolve thereon) of Mr. Nathaniel Jennifon, "on 
 the files of the Senate, might be fent down to the 
 Houfe, which was done. Houfe Journal, in., 203. 
 Senate Journal, in., 151. We find no further action 
 of either branch of the Legislature on this petition. 1 
 
 At the next feflion of the General Court, on the 
 yth of February, 1783, the bill for repealing the Act 
 of 1703, which had been fo referred, was brought up 
 and read, and "Saturday, 10 o clock, affigned for the 
 fecond reading thereof." Houfe Journal, in., 436. 
 On the 8th, " the bill was taken up and debated. 
 Whereupon it was ordered that Mr. Sedgwick, Gen. 
 Ward, Mr. Dwight, Mr. Dane, and Mr. Cranch, be 
 a Committee to bring in a bill upon the following 
 principles : 
 
 i ft. Declaring that there never were legal flaves 
 
 in this Government. 
 2d. Indemnifying all Mafters who have held 
 
 flaves in fact. 
 
 3d. To make fuch provifions for the fupport 
 of Negroes and Molattoes as the Commit 
 tee may find moft expedient." Ibid., 444. 
 
 1 Nathaniel Jennifon appears again with a petition in the Houfe, on the 
 agth of May, 1784, praying that a judgment obtained againrt him in a 
 court of law might be fet afide. It was referred to a committee, who re 
 ported, on the ad of June, 1784, a refolve granting its prayer. Debate 
 enfued, and the refolve was re-committed. On the 4th of June, the com 
 mittee reported another refolve for flaying the execution therein mentioned 
 in part, and granting a new trial. This was accepted and fent up for con 
 currence. Journal, v., 19-20, 30, 37. We have been unable to afcertain 
 whether the judgment and execution referred to have any connection with 
 the flave cafes. 
 
Slavery in Maffachufetts. 221 
 
 On the 28th of February, "a Bill intituled an 
 Act refpecting Negroes and Molattoes was read the 
 firft time, and Saturday, 10 o clock, affigned for the 
 fecond reading thereof." Ibid., 529. It was read a 
 fecond time on the firft of March ; and, on the 4th, 
 was read a third time, patted to be engroffed, and fent 
 up for concurrence. Ibid., 537. In the Senate, on 
 the yth of March, "a Bill entitled c An Act respect 
 ing Negroes and Molattoes was read the firft time, 
 and ten o clock to-morrow is affigned for the fecond 
 reading." Senate Journal, in., 413. 
 
 But it never had that fecond reading; and this 
 laft attempt in the legiflative annals of Maffachufetts, 
 to provide, at the fame time, for the hiftory and law 
 of flavery within her own borders, came to an un 
 timely end, like all its predecefforso 
 
 If the bill mould be found, and its hiftory more 
 fully explained, efpecially the caufes of its failure, 
 much additional light may be thrown upon the ftate 
 of public opinion in Maffachufetts on this fubject 
 in 1783. As to the propofed declaration, that there 
 never were legal flaves in Maffachufetts, we need only 
 fay, that its authors could hardly have been familiar 
 with all the fads of that hiftory which they thus 
 determined to fum up in a contradiction. Neither 
 that, nor the proportion to indemnify mafters for 
 their loffes by emancipation from this illegal and 
 illufive flavery, which never had any lawful exiftence, 
 was ever heard of again in that day and generation. 
 But the failure to make fuitable provifion for the 
 fupport of Negroes and Mulattoes, led to ferious 
 difficulties, great embarraffment in the law-courts and 
 
222 Notes on the Hiftory of 
 
 Legislature, conftant and continued litigation, in which 
 the State authorities, towns, and individuals con 
 tinued ftruggling until the last pauper Indian, negro, 
 or mulatto, who had been a (lave, relieved himfelf 
 and the community by dying off. 1 It is a humilia 
 ting fact, which mould not be omitted here, that 
 the moil diftincl: and permanent evidence of fervice 
 of the colored patriots of the Revolution, belonging 
 to MafTachufetts (moft of whom were or had been 
 flaves), has been found in the reports of the law 
 courts in pauper cafes. 
 
 Upon a comparifon of the condition of the negro 
 in MafTachufetts, before and after emancipation, Dr. 
 Belknap faid that, c< unlefs liberty be reckoned as a 
 compenfation for many inconveniencies and hard- 
 
 1 Many petitions were prefented to the Legiflature concerning the sup 
 port of pauper negroes. The committee on the revision of the laws were 
 inftructed to report who was refponsible. "Journals, ix., 85, 125. In 1790, 
 the Houfe were requefted to decide whether they were chargeable to the 
 State or Towns. Ib., X., 230. In 1793, on the 8th of March, " a Bill de 
 termining Indians, Negroes, and Mulattoes, who are objects of charity, to 
 be the poor of this commonwealth," was read in the Houfe, and commit 
 ted to Mr. Sewall, Mr. Thompson, and Mr. Smead. Mafs. Spy, March 
 21, 1793. Dr. Belknap ftated, in 1795, that the queftion had not then 
 been decided, either in the Legiflature or by the courts. M. H. S. Coll., I., 
 iv., 208. In the cafe of Shelbume vs. Greenfield, in Hampfhire, 1795, the 
 court decided that certain flaves had gained a fettlement where their mas 
 ters were fettled, and therefore were not chargeable on the commonwealth 
 as State paupers. They gave no opinion on the point, whether they were 
 to be the charge of the town, or of their late matters 5 nor was this point 
 decided when James Sullivan communicated the report of this cafe, with 
 others, for publication in 1798. M. H. S. Coll., I., v., 46, 47. In the cafe 
 of The Inhabitants of Shelburne vs. The Inhabitants of Greenfield, 1795, the 
 children of two negro flaves were confidered to have their fettlement in the 
 latter town, becaufe their parents had a fettlement there under their matter ; 
 although the parents were married, and their children born, in Shelburne. 
 MS. referred to in Andover vs. Canton, 13 Mafs. Reports, 552. 
 
Slavery in Maffachujetts. 223 
 
 mips, the former condition " was in mofl cafes prefe 
 rable. This was in 1795. In 1846 a Maflachufetts 
 author wrote as follows refpecting their defcendants 
 remaining in the State : 
 
 "A prejudice has exifted in the community, and 
 ftill exiils againft them on account of their color, and 
 on account of their being the defcendants of flaves. 
 They cannot obtain employment on equal terms with 
 the whites, and wherever they go a fneer is paffed 
 upon them, as if this fportive inhumanity were an 
 act of merit. They have been, and are, moftly fer- 
 vants, or doomed to accept fuch menial employment 
 as the whites decline. They have been, and are, 
 fcattered over the Commonwealth, one or more in 
 over two thirds of all the towns ; they continue poor, 
 with fmall means and opportunities for enjoying the 
 focial comforts and advantages which are fo much at 
 the command of the whites. Thus, though their 
 legal rights are the fame as thofe of the whites, their 
 condition is one of degradation and dependence, and 
 renders exiftence lefs valuable, and impairs the dura 
 tion of life itfelf. . . . Owing to their color and the 
 prejudice againft them, they can hardly be faid to re 
 ceive . . . even fo cordial a fympathy as would be 
 mown to them in ^Jlave flate, owing to their different 
 petition in fociety." Chickering s Statistical Fiew y 
 p. 1 56. In view of thefe fads, it will hardly be deemed 
 flrange, that the fame writer calmly contemplated 
 their extinction as a race, comforting himfelf with the 
 reflection, that "many inftances of fimilar difplace- 
 ment are to be found in hiftory." Ibid., pp. 1 59-60. 
 
224 Notes on the Hiftory of 
 
 X. 
 
 WE have ftill to notice two acts of legiflation in 
 Maflachufetts, which were patted in the year 1788 
 eight years after the alleged termination of flavery in 
 that State by the adoption of the Conftitution. Thefe 
 acts were parTed jufl after the adoption of the Federal 
 Conftitution by the State Convention. 
 
 The firft is the only one directly and pofltively 
 hoftile to flavery to be found among all their ftatutes. 
 It is a very remarkable fact that the reluctance of the 
 Legiflature to meet the fubject fairly and fully in 
 front mould have left their ftatute-book in fo ques 
 tionable a fliape. With Portia, glowing with delight 
 at the unfuccefsful choice of her fable fuitor, they 
 feem to have wifhed to fay, 
 
 " A gentle riddance : draw the curtains ; go 
 Let all of his complexion chufe me fo." 
 
 Merchant of Venice, Act n., Sc. vm. 
 
 But neither the cupidity of their flave-trading 
 merchants, nor the peculiar improvidence of the negro 
 the one fharpened by fuccefsful gain, the other 
 hardened into hopelefs acquiefcence with pauperifm 
 would permit this "gentle riddance/ and although 
 the " curtains " have been " drawn " over thefe dis 
 agreeable features for nearly a century, the hiftorian 
 of flavery muft let in the light upon them. 
 
 As early as 1785, the Legiflature inftituted an 
 inquiry as to the meafures proper to be adopted by 
 them to difcountenance and prevent any inhabitant 
 of the Commonwealth being concerned in the flave- 
 
Slavery in Maffachujetts. 225 
 
 trade. A joint committee was appointed on the 
 fubjed, Jan. 2 5th, 1785 William Heath and John 
 Lowell on the part of the Senate, and Mr. Reed, Mr. 
 Hofmer, and Mr. Sprague, of the Houfe. The in 
 quiry was alfo extended to the condition of negroes 
 then in the Commonwealth, or who might thereafter 
 come or be brought into it. H. ofR. Journals, v., 222. 
 Bills were prepared and referred to the Committee on 
 the Revision of the Laws, with inftruction to revife all 
 the laws refpecting negroes and mulattoes, and report 
 at the next fitting of the General Court. Ib., 342. 
 
 In the following year, March i, 1786, a joint order 
 was made for a committee to report meafures for pre 
 venting negroes coming into the Commonwealth from 
 other States. H. of R. Journals, vi., 463. Another 
 fimilar order was made by the Houfe of Reprefenta- 
 tives in 1787. Journals, vn., 524. 
 
 Earlier in the fame year, February 4, 1787, a num 
 ber of African blacks petitioned the Legiflature for 
 aid to enable them to return to their native country. 
 Ib., vii., 381. A Quaker petition againft the flave- 
 trade was read in the Senate, June 20, 1787, and not 
 accepted, but referred to the Revifing Committee, 
 who were directed to report a bill upon "the fubjedl 
 matter of negroes in this Commonwealth at large." 
 Senate, Vol. vni., 81. H. of R., Vol. vni., 88. 
 
 (The prohibition of the flave-trade by Maflachufetts 
 was at laft effected in 1788.. A moil flagrant and 
 outrageous cafe of kidnapping occurred in Bofton in 
 the month of February, in that year. M. H. S. Coll., 
 i., iv., 204. Additional particulars may be found by 
 reference to the newfpapers of the day. Efpecially 
 15 
 
226 Notes on the Hiftory of 
 
 The N. T. Packet, Feb. 26 and Aug. 29, 1788. This 
 infamous tranfaction aroufed the public indignation, 
 and all clafTes united in urging upon the Legislature 
 the paflage of effectual laws to prevent the further 
 profecution of the traffic, and protect the inhabitants 
 of the State againfl the repetition of fimilar outrages. 
 
 Rev. Dr. Jeremy Belknap was one of the foremoft 
 in promoting the paflage of this act. He confulted 
 fome of his friends as to the practicability of improv 
 ing the occafion to effect the abolition of flavery in 
 the State. His brother-in-law, Mr. Samuel Eliot, 
 agreed with him that the time was moft opportune, 
 but faid the difficulty in fuch cafes was, who fhould 
 ftep forward, and recommended him to fuggefl to 
 the Aflbciation of minifters, at their next meeting, a 
 petition to the General Court, whofe feflion was then 
 about to commence ; if he failed to gain the co-opera 
 tion of the ministers, to apply to the Humane Society,, 
 and at all events to have a petition drafted. 
 
 Mr. Belknap drew up a petition, which his friends 
 pronounced cc incapable of amendment," gained the 
 fupport of the Aflbciation, and of a large number of 
 citizens befides. The blacks alfo prefented a peti 
 tion, 1 written by Prince Hall, one of their number, 
 and there was alfo that of the Quakers in 1787, al 
 ready noticed, before the Legiflature. Life of Belknap, 
 159^60. 
 
 i he movement was fuccefsful, and on the 26th of 
 Larch, 1788, the Legiflature of Maflachufetts pafled 
 
 1 The petition of the negroes, 27th February, 1788, Is in the Mafla 
 chufetts Spy, 24th April, 1788. 
 
Slavery in Majfachujetts. 227 
 
 " An Aft to prevent the Slave-Trade, and for granting 
 Relief to the Families of fuch unhappy Perfons as may be 
 Kidnapped or decoyed away from this Commonwealth" 
 By this law it was enacted " that no citizen of this 
 Commonwealth, or other perfon refiding within the 
 fame," mall import, tranfport, buy, or fell any of the 
 inhabitants of Africa as flaves or fervants for term of 
 years, on penalty of fifty pounds for every perfon fo 
 mifufed, and two hundred pounds for every vefTel 
 fitted out and employed in the traffic. All infurance 
 made on fuch veffels to be void, and of no effect. And 
 to meet the cafe of kidnapping, when inhabitants were 
 carried off, -actions of damage might be brought by 
 their friends the latter giving bonds to apply the 
 moneys recovered to the ufe and maintenance of the 
 family of the injured party, 
 
 A provifo was added, cc That this aft do not extend 
 to veffels which have already Jailed \ their owners, factors, 
 or commanders, for, and during their prefent voyage, or to 
 any infurance that fliall have been made, previous to the 
 faffing of the fame" How far this provifo may be 
 juftly held to be a legiflative fanction of the traffic, we 
 leave the reader to decide. It is obvious that the 
 " public fentiment" of Maffachufetts in 1788 was not 
 ftrong enough againft the flave-trade, even under the 
 atrocious provocation of kidnapping in the ftreets 
 of Bofton, to treat the pirates, who had already failed, 
 as they deferved. Rome was not built in a day, 
 neither could the modern Athens rejoice in an anti- 
 flavery Minerva, frefh in an inflant from the brain 
 of the almighty cc public fentiment " of Maffachu 
 fetts. 
 
228 Notes on the Hiftory of 
 
 This act, as we have feen, patted on the 25th of 
 March, 1788. It was accompanied by another act, 
 pafTed on the following day, hardly lefs hoflile to the 
 negro than this was to flavery the pioneer of a feries 
 of fimilar acts (though lefs fevere) which have fubject- 
 ed the new States to mofl unfparing cenfure. 
 
 The Maflachufetts Law, entitled "An att for 
 fuppreffing and punijhing of Rogues, Vagabonds, common 
 Beggars, and other idle, disorderly, and lewd Perjons" 
 was prefented in the Senate on the 6th of March, 
 1788. It went through the ufual flages of legiila- 
 tion, with various amendments, and was finally pafTed 
 on the 26th of March, 1788. It contains the follow 
 ing very remarkable provifion : 
 
 "V. Be it further enafted by the authority aforesaid 
 [the Senate and Houfe of Reprefentatives in General 
 Court aflembled], that no perfon being an African or 
 Negro, other than a fubject of the Emperor of Mo 
 rocco, or a citizen of fome one of the United States 
 (to be evidenced by a certificate from the Secretary of 
 the State of which he mall be a citizen), mall tarry 
 within this Commonwealth, for a longer time than two 
 months, and upon complaint made to any Juflice of 
 the Peace within this Commonwealth, that any fuch 
 perfon has been within the fame more than two 
 months, the faid Juflice mall order the faid perfon to 
 depart out of this Commonwealth, and in cafe that 
 the faid African or Negro mall not depart as afore- 
 faid, any Juflice of the Peace within this Common 
 wealth, upon complaint and proof made that fuch 
 perfon has continued within this Commonwealth ten 
 days after notice given him or her to depart as afore- 
 
Slavery in Maffachufetts. 229 
 
 faid, fhall commit the faid perfon to any houfe of cor 
 rection within the county, there to be kept to hard 
 labour, agreeable to the rules and orders of the faid 
 houfe, until the Seflions of the Peace, next to be holden 
 within and for the faid county; and the matter of the 
 faid houfe of correction is hereby required and directed 
 to tranfmit an attefled copy of the warrant of commit 
 ment to the faid Court on the firft day of their faid 
 feffion, and if upon trial at the faid Court, it mail be 
 made to appear that the faid perfon has thus contin 
 ued within the Commonwealth, contrary to the tenor 
 of this act, he or me mail be whipped not exceeding 
 ten ftripes, and ordered to depart out of this Com 
 monwealth within ten days ; and if he or me mall not 
 fo depart, the fame procefs mall be had and punifh- 
 ment inflicted, and fo toties quoties" l 
 
 The edition from which we copy is the earlieft 
 claffified edition of "The Perpetual Laws of the 
 Commonwealth of Maflachufetts," and is not to be 
 found in Part I. among thofe relating to " The Pub- 
 lick and Private Rights of Perfons," nor among the 
 "Mifcellaneous" Statutes, but in "Part IV.," con 
 cerning " Criminal Matters." We doubt if anything 
 in human legiflation can be found which comes nearer 
 branding color as a crime ! 
 
 By this law, it will be obferved that all negroes, 
 
 1 The old provincial ftatute, from which this law was mainly copied, 
 provided for the correftion by whipping, etc., of the rogues and vagabonds 
 (without dittinftion of color) for whofe benefit the original law was de- 
 figned 5 but in the progrefs of this law through the Legiflature, this feature 
 was ftricken out of that portion of the bill, but the " African or Negro " 
 gained what the "rogue and vagabond" loft by the change. Compare 
 Mafs. Pro<v. Laws 0/1699, Chap, vi., and Journal of H. of R. t vin., 500. 
 
230 Notes on the Hiftory of 
 
 refident in Maflachufetts, not citizens of fome one of 
 the States, were required to depart in two months, on 
 penalty of being apprehended, whipped, and ordered 
 to depart. The procefs and punifhment could be re 
 newed every two months. The only contemporary 
 explanation of the delign of the law which we have 
 met with is to the effect that it was intended to pre 
 vent fugitive flaves from reforting to that State, in 
 hopes to obtain freedom, and then being thrown as a 
 deadweight upon that community. Belknap, 1795. A 
 recent writer ftates that this " enactment was faid to 
 have been the work of her [Maflachufetts] leading 
 lawyers, who were fufficiently fagacious to forefee the 
 dangerous confequences of that conftitutional provis 
 ion which, on restoring fugitives from labor, not only 
 threatened to difturb the public peace, but the {lability 
 of the fyftem." Amory s Life of Sullivan, i., 226, note. 
 We give this illustration of legal fagacity in MarTa- 
 chufetts for what it is worth, although we are fatisfied 
 that the ftatute itfelf clearly illustrates the intention of 
 thofe who framed it. Expofitio contemporanea eft optima. 
 Realizing the "deadweight" already refting upon 
 them in the body of their own free negroes (though 
 comparatively fmall in number), they evidently 
 thought it <c fagacious" to prevent any addition to it. 
 Future refearch muft afcertain who were " citizens " 
 of Maflachufetts in 1788, before we can fafely declare 
 that even Maflachufetts Negroes, Indians, and Mu- 
 lattoes, were exempted from the alternative of exile 
 or the penalties of this ftatute. The reader will not 
 fail to notice below, the arbitrary and illegal extenfion 
 of the ftatute, in its application to "people of color, 
 
Slavery in Majfachufetts. 231 
 
 commonly called Mulatto es, prejumed to come within 
 the intention " of the law. 
 
 We have met with one example of the enforce 
 ment of this law, which is almofl as "fingular" as 
 the ftatute itfel In the Maffachufetts Mercury, Bos 
 ton, printed by Young and Minns, Printers to the Hon 
 orable the General Court, September 16, 1800, No. 22, 
 Vol. xvi., the following notice occupies a confpicuous 
 place, filling a column of the paper : 
 
 NOTICE TO BLACKS. 
 
 I *HE Officers of Police having made return to 
 the Subfcriber of the names of the following 
 perfons, who are Africans or Negroes, not fubjefts 
 of the Emperor of Morocco nor citizens of the 
 United States, the fame are hereby warned and 
 diredled to depart out of this Commonwealth 
 before the loth day of Odober next, as they 
 would avoid the pains and penalties of the law in 
 that cafe provided, which was pafled by the Legis 
 lature, March 26, 1788. 
 
 CHARLES BULFINCH, 
 
 Superintendant. 
 By order and direction of the Selectmen. 
 
 OF PORTSMOUTH. 
 
 Prince Patterson, Eliza Cotton, 
 
 Flora Nam. 
 
 RHODE ISLAND. 
 
 Thomas Nichols and Philis Nichols, 
 
 Hannah Champlin, Plato Alderfon, 
 
 Raney Scott, Jack Jeffers, 
 
 Thomas Gardner, Julius Holden, 
 
 Violet Freeman, CufFy Buffum, 
 
 Sylvia Gardner, Hagar Blackburn, 
 
 Dolly Peach, Polly Gardner, 
 
 Sally Alexander, Philis Taylor. 
 
232 
 
 Notes on the Hiftory of 
 
 Dinah Miller, 
 Rhode Allen, 
 Richard Freeman, 
 Nancy Gardner, 
 
 Briftol Morandy, 
 Scipio Kent, 
 Phoebe Seamore, 
 Jack Billings. 
 
 John Denny, 
 Hannah Burdine. 
 
 PROVIDENCE. 
 
 Silvia Hendrick, 
 Nancy Hall, 
 Elizabeth Freeman, 
 Margaret Harrifon. 
 
 CONNECTICUT. 
 
 John Cooper, 
 Margaret Ruflell, 
 Phoebe Johnfon, 
 
 NEW LONDON. 
 
 Thomas Burdine, 
 
 Sally Evens, 
 Czefar Weft and 
 Thomas Peterfon, 
 Henry Sanderfon, 
 Robert Willet, 
 Mary Atkins, 
 Amey Spalding, 
 Rebecca Johnfon, 
 Prince Kilfbury, 
 Jofeph Hicks, 
 Elizabeth Francis, 
 William Williams, 
 David Dove, 
 Peter Bayle, 
 Katy Boftick, 
 Margaret Bean, 
 Samuel Benjamin, 
 Primus Hutchinfon. 
 
 NEW YORK. 
 
 Sally Freeman, 
 Hannah Weft, 
 Thomas Santon, 
 Henry Wilfon, 
 Edward Cole, 
 Polly Brown, 
 John Johnfon, 
 George Homes, 
 Abraham Fitch, 
 Abraham Francis, 
 Sally Williams, 
 Rachel Pewinck, 
 Efther Dove, 
 Thomas Boftick, 
 Prince Hayes, 
 Nancy Hamik, 
 Peggy Ocamum, 
 
 PHILADELPHIA. 
 
 Mary Smith, 
 Simon Jeffers, 
 Peter Francies, 
 Elizabeth Branch, 
 William Brown, 
 
 Richard Allen, 
 Samuel Pofey, 
 Prince Wales, 
 Peter Guft, 
 Butterfield Scotland, 
 
Slavery in Maffachujetts. 233 
 
 Clariffa Scotland, Cuffy Cummings, 
 
 John Gardner, Sally Gardner, 
 
 Fortune Gorden, Samuel Stevens. 
 
 BALTIMORE. 
 
 Peter Larkin and Jenny Larkin, 
 
 Stepney Johnfon, Anne Melville. 
 
 VIRGINIA. 
 
 James Scott, John Evens, 
 
 Jane Jackfon, Cuffey Cook, 
 
 Oliver Nam, Robert Woodfon, 
 Thomas Thompfon. 
 
 NORTH CAROLINA, 
 
 James Jurden, Polly Johnfon, 
 
 Janus Crage. 
 
 SOUTH CAROLINA. 
 
 Anthony George, Peter Cane. 
 
 HALIFAX. 
 
 Catherine Gould, Charlotte Gould, 
 
 Cato Small, Philis Cole, 
 
 Richard M Coy. 
 
 WEST INDIES. 
 
 James Morfut and Hannah, his wife, 
 
 Mary Davis, George Powell, 
 
 Peter Lewis, Charles Sharp, 
 
 Peter Hendrick, William Shoppo and 
 
 Mary Shoppo, Ifaac Johnfon, 
 
 John Pearce, Charles Efings, 
 
 Peter Branch, Newell Symonds, 
 
 Rofanna Symonds, Peter George, 
 
 Lewis Victor, Lewis Sylvefter, 
 
 John Laco, Thomas Fofter, 
 
 Peter Jefemy, Rebecca Jefemy, 
 
 David Bartlet, Thomas Grant, 
 
 Jofeph Lewis, Hamet Lewis, 
 
 John Harrifon, Mary Brown, 
 Bofton Alexander. 
 
 CAPE FRANCOIS. 
 
 Cafme Francifco and Nancy, his wife, 
 Mary Fraceway. 
 
234 Notes on the Hiftory of 
 
 AUX CAYES. 
 
 Sufannah Rofs. 
 
 PORT AU PRINCE. 
 
 John Short. 
 
 JAMAICA. 
 
 Charlotte Morris, John Robinfon. 
 
 BERMUDA. 
 
 Thomas Williams. 
 
 NEW PROVIDENCE. 
 
 Henry Taylor. 
 
 LIVERPOOL. 
 
 John Mumford. 
 
 AFRICA. 
 
 Francis Thompfon, John Brown, 
 
 Mary Jofeph, James Melvile, 
 
 Samuel Bean, Hamlet Earl, 
 
 Calo Gardner, Charles Mitchel, 
 
 Sophia Mitchel, Samuel Frazier, 
 
 Samuel Blackburn, Timothy Philips, 
 Jofeph Ocamunit 
 
 FRANCE. 
 
 Jofeph 
 
 ISLE OF FRANCE. 
 
 Jofeph Lovering. 
 
 LIST OF INDIANS AND MULATTOES. 
 
 The following perfons from feveral of the 
 United States, being people of colour, commonly 
 called Mulattoes, are prefumed to come within the 
 intention of the fame law ; and are accordingly 
 warned and directed to depart out of the Com 
 monwealth before the loth day of Oftober next. 
 
 RHODE ISLAND. 
 
 Peter Badger, Kelurah Allen, 
 
 Waley Green, Silvia Babcock. 
 
 PROVIDENCE. 
 
 Polly Adams, Paul Jones. 
 
Slavery in Maffachujetts. 235 
 
 CONNECTICUT. 
 
 John Brown, Polly Holland, 
 
 John Way and Nancy Way, 
 
 Peter Virginia, Leville Steward, 
 
 Lucinda Orange, Anna Sprague, 
 
 Britton Doras, Amos Willis, 
 Frank Francies. 
 
 NEW-LONDON. 
 
 Hannah Potter. 
 
 NEW-YORK. 
 
 Jacob and Nelly Cum- James and Rebecca Smith, 
 
 mings, Judith Chew, 
 
 John Schumagger, Thomas Willouby, 
 
 Peggy Willouby, John Reading, 
 
 Mary Reading, Charles Brown, 
 
 John Miles, Hannah Williams, 
 
 Betfy Harris, Duglafs Brown, 
 
 Sufannah Fofter, Thomas Burros, 
 
 Mary Thomfon, James and Freelove Buck, 
 
 Lucy Glapcion, Lucy Lewis, 
 
 Eliza Williams, Diana Bayle, 
 
 Caefar and Sylvia Caton, Thompfon, 
 
 William Guin. 
 
 ALBANY. 
 
 Elone Virginia, Abijah Reed and 
 
 Lydia Reed, Abijah Reed, Jr., 
 
 Rebecca Reed and Betfy Reed. 
 
 NEW-JERSEY. 
 
 Stephen Boadley, Hannah Viftor. 
 
 PHILADELPHIA. 
 
 Polly Boadley, James Long, 
 
 Hannah Murray, Jeremiah Green, 
 
 Nancy Principefo, David Johnfon, 
 
 George Jackfon, William Coak, 
 Mofes Long. 
 
 MARYLAND. 
 
 Nancy Guft. 
 
23 6 Notes on the Hiftory of 
 
 BALTIMORE. 
 
 John Clark, Sally Johnfon. 
 
 VIRGINIA. 
 
 Sally Hacker, Richard, 
 
 John Johnfon, Thomas Steward, 
 
 Anthony Paine, Mary Burk, 
 
 William Hacker, Polly Lofours, 
 
 Betfy Guin, Lucy Brown. 
 
 AFRICA. 
 
 Nancy Doras. 1 
 
 This notice muft have been generally published in 
 Bofton, and was copied in other cities without the 
 lift of names. We have met with it in the Com 
 mercial Advertifer of the 2oth September, 1800, and 
 the Daily Advertifer, 22d September, 1800, both in 
 New York. Alfo in the Gazette of the United 
 States and Daily Advertifer of 2jd September, 1800, 
 in Philadelphia. 
 
 The only comments of the Bofton prefs on the 
 fubject which we have feen indicate that it was sim 
 ply carrying out the original defign of the act, to abate 
 pauperifm ; 2 but references to it in the New York and 
 Philadelphia papers hint at another probable caufe 
 
 1 Mr. Nell, in his work on the Colored Patriots of the American Revo 
 lution, notices (pp. 96-97), an African Benevolent Society, inftituted at 
 Bofton, in 1796. He fays, its benevolent objects were fet forth in the pre 
 amble, which alfo expressed its loyalty as follows : " Behaving ourfelves, at 
 the fame time, as true and faithful citizens of the Commonwealth in which 
 we live, and that we take no one into the Society who fhall commit any in 
 justice or outrage againft the laws of their country." He adds a lift of the 
 members of the " African Society." A comparifon of this lift with that 
 above mows that one fourth of the members were driven out of the Com 
 monwealth in 1800. 
 
 2 See " Africanus," in The Independent Chronicle and the Universal 
 Advertifer y Bofton, September 25, 1800. 
 
Slavery in Maffachujetts. 237 
 
 of this flringent and fweeping application of the 
 ftatute. 
 
 In the year 1800, the whole country was excited 
 by the difcovery of an alleged plot for a general infur- 
 rection of negroes at the South. Gabriel, the negro- 
 general, was the "hero," though not the only victim. 
 The affair aflumed at once a very ferious afpect, and 
 the alarm was "awful" in Virginia and South Caro 
 lina. The party violence of the day was not flow to 
 make ufe of it, and it was doubtlefs true, that the 
 principles of Liberty and Equality had been in fome 
 degree infufed into the minds of the negroes, and that 
 the incautious and intemperate ufe of thefe words by 
 the cc fierce democracie" of that day in Virginia may 
 have infpired them with hopes of fuccefs. 
 
 But the alarm was not confined to Virginia. Even 
 in Bofton, fears were exprefTed and meafures of pre 
 vention adopted. N. T. Advertijer, Sept. 26, 1800. 
 The Gazette of the United States and Daily Ad- 
 vertifer, by C. P. Wayne, Vol. xvin., No. 2493, 
 Philadelphia, September 23, 1800, copies the "No 
 tice " with thefe remarks : 
 
 " The following notice has been publifhed in the 
 Bofton papers : It feems probable, from the nature 
 of the notice, that fome fufpicions of the defign of 
 the negroes are entertained, and we regret to fay there 
 is too much caufe." 
 
 Such was the act, and fuch was one of its applica 
 tions. Additional ads were pafTed in 1798 and 1802, 
 but this portion was neither modified nor repealed. 
 It appears in the revifed edition of 1807, without 
 change. In 1821, the Legiflature of MafTachufetts, 
 
238 Notes on the Hiftory of 
 
 alarmed by "the increafe of a fpecies of population, 
 which threatened to become both injurious and bur- 
 denfome," and, fully alive to "the neceffity of check 
 ing " it, appointed a committee to report a bill 
 concerning the admiffion into the State of free Ne 
 groes and Mulattoes. 
 
 In the Houfe of Reprefentatives, June 7, 1821, 
 it was " Ordered, that Meflrs. Lyman of Boflon, 
 Bridgeman of Belchertown, Chandler of Lexington, be 
 a Committee to take into confideration the expediency 
 of making any alterations in the laws of this Com 
 monwealth concerning the admiflion into a refidence 
 in this State of Negroes and Mulattoes, with leave to 
 report by bill or otherwife." Journals, Vol. XLII., 62. 
 On the I4th of June, the journal notes a Report on 
 the Free Negroes, detailing a ftatement of fads, and 
 authorizing the appointment of a committee to report 
 a bill at the next feffion. Read and accepted, and the 
 fame gentlemen were appointed. Ibid., 121. On the 
 next day, the Houfe refufed to reconfider the vote for 
 a committee, etc. Ibid., 129. 
 
 At the next feffion, on the I5th of January, 1822, 
 a "report of the Committee appointed at the laft 
 feffion concerning the admiffion into this State of 
 Free Negroes, praying to be difcharged from that 
 fubjecl, was read, and the fame was ordered to lie on 
 the table. The fame was afterwards accepted." Ibid., 
 174. 
 
 This report, written by Theodore Lyman, Jr., 
 chairman of the Committee, was printed. It justifies 
 the motive which induced the appointment of the 
 Committee by the following ftatements : "that the 
 
Slavery in Majfachufetts. 239 
 
 black convicts in the State Prifon, on the firft of Jan 
 uary, 1821, formed 146^ part of the black population 
 of the State, while the white convicts, at the fame 
 time, formed but 2140 part of the white population. 
 It is believed that a fimilar proportion will be found 
 to exift in all public eftablimments of this State; as 
 well Prifons as Poor-Houfes." The Committee, 
 however, cc found it impoffible, after all the refearch 
 and deliberation in their power to beftow on the fub- 
 ject, to accomplifh that duty which they undertook 
 by the direction of the Houfe of Reprefentatives. 
 They have not fucceeded in preparing a bill, the pro- 
 vifions of which they could conjcientioufly vindicate to this 
 Houfe. They have already found in the Statute Books of 
 this Commonwealth, a law faffed in 1788, regulating the 
 refidence in this State of certain perfons of color they be 
 lieve that this law has never been enforced, and, ineffec 
 tual as it has proved, they would never have been the 
 authors of placing among the Statutes, a law Jo arbitrary 
 in its principles, and in its operation Jo little accordant 
 with the inftitutions, feelings, and practices of the people of 
 this Commonwealth. The Hiftory of that law has well 
 convinced the Committee that no meafure (which 
 they could devife) would be attended with the fmall- 
 eft good confequence. That it would have been mat 
 ter of fatisfaction and congratulation to the Commit 
 tee if they had fucceeded in framing a law, which 
 mould have received the approbation of this Legifla- 
 ture, and mould have promifed to check and finally 
 to overcome an evil upon which they have never been 
 able to look with unconcern. But a law, which 
 ftiould produce that effect, would entirely depart from 
 
240 Notes on the Hiftory of 
 
 that love of humanity, that refpect for hofpitality and 
 for the juft rights of all clafTes of men, in the conftant 
 and fuccefsful exercife of which, the inhabitants of 
 MafTachufetts have been fingularly confpicuous." 
 
 The committee, however, did not recommend a 
 repeal of the act of 1788. Is it poffible to avoid the 
 inference that the true reafon of their failure to report 
 a new bill, fuch as they were inftructed to prepare, 
 was that they confidered the State amply protected by 
 the old law ? 
 
 It appears again in the revifed laws of 1823. An 
 other additional act was parTed in 1825, but without 
 alteration of the provision againft negroes ; and this 
 ftatute, cc fo arbitrary in its principle, and in its opera 
 tion fo little accordant with the inftitutions, feelings 
 and practices of the people of the Commonwealth," 
 continued to difgrace the Statute-Book of MarTachu- 
 fetts until the firft day of April, 1 834, after which time 
 
 1 Although this committee did not accomplifh their afllgned taflc, they 
 did achieve a further report, by way of addition, which deferves notice. 
 They agreed that " it does not comport with the dignity of this State, to 
 withhold that brief ftatement of fats, to be found in its annals, concerning 
 the abolition of this trade in MafTachufetts a ftatement which will prove 
 both highly honorable, and in perfeft accordance with that remarkable 
 fpirit of wholefome and rational liberty, by which this Commonwealth has 
 been greatly diftinguifhed from the earlieft period. But to the clear under- 
 ftanding and better elucidation of this fubjeft, the committee think it ufeful 
 to introduce the following fhort account of the exiftence of Slavery in 
 Maflachufetts." In the elaborate ftatement which follows, there are no im 
 portant fafts which are not already familiar to the reader of thefe notes ; 
 but there is one idea which has, at leaft, the merit of novelty. After giving 
 the general ftatiftics of the flave population, down to the time of the 
 Revolution, they fay, " Thefe flaves were procured in feveral ways either 
 from the Dutch, in Ne-iv Tork, from the Southern provinces in North 
 America . . . Few came by a direft trade," etc. 
 
Slavery in Maffachujetts. 241 
 
 its undiftinguifhed repeal, (in the general repealing 
 fection of an act of March 29th, 1834, for the regu 
 lation of Gaols and Houfes of Correction,) no longer 
 left " public opinion " to regulate its enforcement. 
 
 And here we reft. With the exception of the 
 repeal, already mentioned, ante, p. 59, of the law pro 
 hibiting the intermarriage of whites with Indians, 
 Negroes, or Mulattoes, and the obfcure ftatute of 
 1863, which terminated the long exclufion of the lat 
 ter from the ranks of the State militia, and perhaps 
 obliterated the laft veftige of the formal legiflation of 
 MafTachufetts againft them, there is nothing in the 
 fubfequent hiftory or politics of the State relating to 
 the fubject of thefe Notes. The anti-flavery agita 
 tions of the laft thirty years, in which Maflachufetts 
 has borne fo confpicuous a part, have little if any 
 hiftorical connection with the exiftence of Slavery in 
 that Commonwealth, As "agreed on all hands," it was 
 undoubtedly " confldered as abolimed ;" and during 
 thefe ftormy and portentous contefts which have 
 changed the hiftory of the nation, it has been " put 
 afide and covered," and cc remembered only as for 
 gotten." 
 
 The reader of thefe Notes cannot fail to notice the 
 ftrong refemblance in the mode of the extinction of 
 flavery in Maflachufetts and that of villenage in 
 16 
 
242 Notes on the Hiftory, Etc. 
 
 England. Of the latter Lord Mansfield faid, in 
 1785, that "villains in grofs may in point of law fub- 
 fifl at this day. But the change of manners and cus 
 toms has effectually abolifhed them in point of fad." 
 Ante, p. 115, note. If the parallel may be continued, 
 it could be faid with equal juftice that flavery, hav 
 ing never been formally prohibited by legiflation in 
 Maflachufetts, continued to "fubfift in point of law" 
 until the year 1866, when the grand Conftitutional 
 Amendment terminated it forever throughout the 
 limits of the United States. It would be not the 
 leaft remarkable of the circumftances connected with 
 this ftrange and eventful hiftory, that, although vir 
 tually abolifhed before, the actual prohibition of 
 flavery in Maflachufetts as well as Kentucky, mould 
 be accomplimed by the votes of South Carolina and 
 Georgia. 
 
APPENDIX. 
 
 A. THE MILITARY EMPLOYMENT OF NEGROES IN MASSACHUSETTS. 
 
 THE neceffities of the fituation, for a few years after the firft fettle- 
 ments, made everybody a foldier ; indeed, put arms in the hands of 
 women and children. 
 
 The General Court made an order on the 27th of May, 1652, 
 " that all Scotfmen, Negeres and Indians inhabiting with or fervants to 
 the Englilh from the age of fixteen to fixty years, fhal be lifted, and 
 are hereby enjoyned to attend traynings as well as the Englifh." At 
 the feffion in May, 1656, however, this order was repealed, fo far as 
 it related to negroes and Indians, as follows : 
 
 " For the better ordering and fettling of feverall cafes in the mili 
 tary companyes within this jurifdidlion, which, upon experience, are 
 found either wanting or inconvenient, it is ordered and declared by this 
 Court and the authoritie thereof, that henceforth no negroes or Indians, 
 although fervants to the Englifh, fhal be armed or permitted to trayne, 
 and y* no other perfon mall be exempted from trayning but fuch as 
 fome law doth priviledge, or fome of the county courts or courts of 
 affiftants, after notice of the partyes defires, to the officers of each 
 company to which they belonge, upon juft caufe, fhal difmifs." 
 
 The law, as printed in 1 660, required " every perfon above the 
 age of fixteen years," to " duely attend all Military Exercife and fer- 
 vice," with certain exceptions. Neither Indians, Negroes, or Slaves 
 are among thofe exempted ; but it is reafonably certain that they were 
 at no time permitted to bear arms during the period from 1656 down 
 to the commencement of the Revolution. Gov. Bradftreet, in May, 
 1680, expreflly ftates, in anfwer to an inquiry from the Committee for 
 Trade and Plantations as to the number of men able to bear arms 
 
 " We account all generally from fixteen to fixty that are healthfull 
 
244 Appendix. 
 
 and ftrong bodys, both Houfholders and Servants fit to bear Armes, 
 except Negros and Slaves, whom wee or me not" M. H. S. Coll., 
 HI., viii., 336. 
 
 The next enaftment on the fubjeft was in the brief admmiftration 
 of Sir Edmund Andros. The Ad for fettling the militia, enafted by 
 this very unpopular Governor and his Council for his Majefty s terri 
 tory and dominion of New England, March 24, 1687, provided " that 
 no perfon whatfbever above fixteen years of age remain unlifted by 
 themfelves, matters, miftrefles or employers." Negroes and Indians 
 are not exempted by any provifion of this aft ; but it is extremely 
 doubtful whether it ever went into practical operation. One of the 
 moft obnoxious of his meafures was his attempt to control the militia 
 in New England. This is, however, not very important ; for after the 
 Englifh Revolution and the eftablifhment of the new Province charter, 
 among the earlieft of the laws was the aft for regulating the militia 
 1693 by which Indians and negroes were exempted from all trainings. 
 In Sewall s traft againft flavery in 1 700 (ante, p. 84), he fays, " As 
 many Negro Men as there are among us, fo many empty places are 
 there in our Train Bands." A later publication in the Bofton News 
 Letter, June loth, 1706, mows that "Negroes do not carry Arms to 
 defend the Country as Whites do," and further, that they could not be 
 employed as fubftitutes for whites who were impreffed or drafted, 
 (ante, p. 107,) 
 
 A fubfequent aft for the regulating of free negroes, &c., 1 707 
 illuft rates their exaft pofition more clearly. The recital in the pre 
 amble is that 
 
 " Whereas, in the feveral towns and precinfts within this province, 
 there are feveral free negroes, and mulattoes able of body, and fit for 
 labor ; who are not charged with trainings, watches, and other fervices 
 required of her Majeftie s fubjefts ; whereof they have mare in the 
 benefit," &c. 
 
 The aft, therefore, provided that they mould do fervice equivalent 
 to trainings, &c., each able-bodied free negro or mulatto fo many days* 
 work yearly in repairing of the highways, cleanfing the llreets, or other 
 fervice for the common benefit of the place. See ante, pp. 60, 61. 
 
 In common with all able to bear arms, they were required to make 
 their appearance at parade in cafes of ludden alarms, where they were 
 to attend fuch fervice as the firft commiffioned officer of the military 
 
Appendix. 245 
 
 company of their prccindl fhould direct, during the time the company 
 continued in arms. This obvioufly points to menial fervice, or, at any 
 rate, a fervice different from that of the enrolled militia. 
 
 This ftate of things continued down to the commencement of the 
 war of the Revolution, and the firft contemporary adl mows that 
 negroes could not be legally enrolled at that time. The general militia 
 aft of 1775, in providing for the enrolment, excepts "Negroes, In 
 dians, and mulattoes." The aft of May, 1776, providing for a rein 
 forcement to the American army, provides that " Indians, negroes, and 
 mulattoes, mail not be held to take up arms or procure any perfbn to 
 do it in their room." The aft of November 14, 1776, to provide 
 reinforcements to the American army, excepts " Negroes, Indians, and 
 mulattoes," and the explanatory refolve parted on the 2pth of the fame 
 month alfo excepts "Indians, negroes, mulattoes, &c." The refolve in 
 the fame year for taking the number of all male inhabitants above fix- 
 teen years of age excepts " Indians, negroes, and mulattoes." This 
 cenfus was doubtlefs taken with a view to the approaching neceflity for 
 a draft, and even here they are excluded, although they were apparently 
 included in the poll-lifts at the fame time being rateable polls, if not 
 free citizens. 
 
 It was only when the preflure of the terrible reverfes of the winter 
 of 1 776-7 came that they were included in the number of perfons 
 liable to draft. The refolve, January 6, 1777, was "for raifing every 
 feventh man to complete our quota," and " without any exceptions, 
 fave the people called Quakers" one feventh of all male perfons of 
 fixteen years old and upwards. A refolve in Auguft of the fame year 
 was fimilar in its objeft and character. But this proceeding was not 
 allowed to pafs without remonftrance, not by the negroes, but the 
 white men. In the MafTachufetts Legiflature, March 5, 1778, a petition 
 of Benjamin Goddard in behalf of the feleftmen, committee of fafety, 
 and militia officers of the town of Grafton, praying that they may be 
 excufed from raifing a feventh part of the blacks in faid town, they 
 being exempt from military duty and free occupants on their own 
 eftate, was read, and the petitioner had leave to withdraw his petition. 
 During the remainder of the war the law appears to have regarded 
 as liable to military duty " any perfon living or refiding in any town 
 or plantation within this State the term of three months together ;" but 
 at the fame time, although they had the benefit of the example of 
 
246 Appendix. 
 
 Rhode Ifland in the organization of their famous regiment of negro 
 {laves, an attempt in Maflachufetts to authorize the formation of a 
 fimilar corps " does not appear to have been deemed advifable at the 
 time." 
 
 The war came to an end, and, foon after, the very firft general 
 militia aft, pafled March 10, 1785, revived the old feature, and con 
 tinued the exemption of " negroes, Indians, and mulattoes " from both 
 train-band and alarm-lift. In the time of the infurreftion in 1786, 
 negroes offered their fervices to Governor Bowdoin, to go againft the 
 infurgents, to the number of feven hundred ; but the Council did not 
 advife fending them. 
 
 The fubftance of the next law is the fame, although they changed 
 the " way of putting it " by adopting the language of the United States 
 law. in which negroes do not appear among the exempts, but are ex 
 cluded in the enrolment. 
 
 The militia law of June 22, 1793, authorizes the enrolment of 
 " each and every free, able-bodied white male citizen of this, or any 
 other of the United States, refiding within this Commonwealth," 
 between the ages of eighteen and forty-five years y fave as excepted. 
 
 This exclulion from military employment, and the privilege of 
 bearing arms, continued apparently without change until the year 1863, 
 when, by Chapter 193 of the A6b of that year, approved April 27, 
 1 863, the Maflachufetts laws were made to conform to thofe of the 
 United States, which had already recognized and accepted the negro as 
 a foldier. 
 
 B. ADDITIONAL NOTES, ETC. 
 
 i. Page 21. On the 9th of November, 1716, P.M., was prefented 
 to the Houfe of Reprefentatives of Maflachufetts " a Petition of Wil 
 liam Brown, fon of a Freeman, by a Servant Woman, and has been 
 fold as a flave, and is at prefent owned by Mr. Andrew Eoardman, 
 mowing that his faid Mafter will fet him at liberty, and make him Free, 
 if this Court will indemnify him from the Law relating to the Manu- 
 miflion of Negroes, as to maintaining of him in cafe of Age, Difability 
 etc., Praying the Court to indemnify him." 
 
 On the following day, this Petition was " further confidered, and 
 the following Vote pafled thereon, viz. : Inafmuch as the Petitioner is 
 a young able-bodied Man, and it cannot be fuppofed, that he is Manu- 
 
Appendix. 247 
 
 mitted, by his Mafter, to avoid charge in fupporting him, Ordered^ 
 that the Prayer of the Petitioner be Granted. And that the Petitioner 
 be deemed Free, when fet at liberty by his Mafter, although no fecurity 
 be given to indemnify the Town where he dwells from charge by him, 
 and in cafe the Petitioner mail hereafter want Support, his faid Mafter 
 mail not be obliged to be at the charge thereof, any Law, Ufage, or 
 Cuftom to the contrary notwithftanding." This order was fent up for 
 concurrence, concurred in and confented to by the Governor on the 
 fame day, November loth, 1716. Journal H. of R.j p. 36. General 
 Court Records, x., p. 108. 
 
 2. Page 51. Maflachufetts has enjoyed the diftinclion of appearing 
 in the firft Cenfus of the United States without any flaves among her 
 population. 
 
 " The following anecdote connected with this fubjecl, it is believed, 
 has never been made public. In 1 790 a cenfus was ordered by the 
 General Government then newly eftablilhed, and the Marfhal of the 
 Maflachufetts diftrift had the care of making the furvey. When he 
 inquired forjlaves, moft people anfwered none : if any one faid that 
 he had one, the marfhal would afk him if he meant to be fingular, and 
 would tell him that na other perfon had given in any. The anfwer 
 then was, " If none are given in, I will not be fingular ;" and thus the 
 lift was completed without any number in the column for flaves." Life, 
 of Belknap, pp. 164-5. 
 
 Dr. Belknap s own account of this cenfus, written and publifhed in 
 1795, is as follows: 
 
 "In 1790, a cenfus of the United States was made by order of the 
 federal government ; the fchedule fent out on that occaflon contained 
 three columns for free whites of feveral defcriptions, which, in the 
 State of Maflachufetts and diftricl of Maine, amounted to 469,326; a 
 fourth for " all other free perfons," and a fifth for " flaves." There 
 being none put into the laft column, it became neceflary to put the 
 blacks, with the Indians, into the fourth column, and the amount was 
 6001. Of this number, I fuppofe the blacks were upwards of 4000; 
 and of the remaining 2000, many were a mixed breed, between Indians 
 and blacks . ... In the fame cenfus, as hath been before obferved, 
 no flaves are fet down to Maflachufetts. This return, made by the 
 marfhal of the diftrift, may be confidered as the formal evidence of the 
 abolition ofjlavery in MafTachufetts, efpecially as no perfon has ap- 
 
248 Appendix. 
 
 peared to conteft the legality of the return." M. H. S. Coll., i., iv., 
 199, 204. 
 
 3. Page 53. In 1718, a committee of both Houfes prepared a bill 
 entitled " An Aft for the Encouraging the Importation of White Male 
 Servants, and the preventing the Clandeftine bringing in of Negroes 
 and Molattoes." It was read in Council a firft time on the i6th of 
 June, and " fent down recommended " to the Houfe, where it was 
 alfo read a firft time on the fame day. The next day it was read a 
 fecond time, and " on the queftion for a third reading, decided in the 
 negative." Journal H. of R., 15, 16. General Court Records, x., 
 282. 
 
 4. Pages 54, 90. The Aft of 1705, Chapter 6, underwent fome 
 changes in the Council, after it had pafled in the Houfe. It was read 
 in Council on Monday the 3d of December, 1705, a firft time, "as 
 paff d in the Houfe of Reprefentatives." The next day it was read a 
 fecond and third time " with fome Amendments and Additions agreed 
 to." On the 5th it was "Read and Voted to be pafled into an Aft." 
 General Court Records, vin., 187, 188, 190. 
 
 5. Page 61. A draft of Governor Dudley s letter "concerning 
 Indian Captives from Carolina," was prefented and approved in the 
 Houfe of Reprefentatives on the I5th of June, 1715. Journal, 28. 
 
 6. Page 65. A recent examination of the collection of Tax-Afts 
 in the pofleffion of Ellis Ames, Efq., of Canton, Maflachufetts, enables 
 us to add that Indian, Negro, and Mulatto fervants were eftimated pro- 
 portionably as other perfonal eftate, according to the found judgment 
 and difcretion of the Afleflbrs in each and every year from 1727 to 
 1775, excepting 1730, 1731, 1749, 1750. The afts for thefe years 
 we have not feen, but it is reafonably certain that the provifion was the 
 fame as in all the others. That of 1776 was probably fimilar to that 
 of 1777, in which the Poll-Tax is levied on Male Polls above 16 years 
 of age, including Negroes and Mulattoes, and fuch of them that are 
 under the government of a Mafter or Miftrefs, to be taxed to the faid 
 Mafter or Miftrefs refpeftively, in the fame manner as Minors and 
 Apprentices are taxed. This method continued to 1791. The aft of 
 1793 omits the mention of Negroes and Mulattoes, taxing " minors, 
 apprentices and fervants " as above. In 1803, fuch as are under " the 
 immediate government" of a mafter, etc. In 1805, the fervants are 
 omitted, and there is a feparate feftion concerning minors. 
 
Appendix. 249 
 
 /. Page 94, and note. With reference to the flave s " right to Re 
 ligion," we fhould have added a word refpefting the peculiar " fepara- 
 tion " of the religious people of Maflachufetts and their well-known 
 " fear of polluting the ordinances ;" to which was afcribed, in this 
 very connection, that neglect of " proper means to make men godly," 
 which became " the mifery of New England." Stoddard^s Anfwer to 
 fome Cafes of Confcience, etc., 1722, p. 12. It was the opinion of this 
 writer that " if they (fervants) had proper Helps, they might be as 
 forward in Religion, as the Engtijfh" Ibid. 
 
 8. Pages 97, 101. Inftruftions fimilar to thofe given to Andros in 
 1688 (ante, pp. 51-2, 96) were repeated to fubfequent governors of 
 the various colonies. We have found no act pafled in accordance with 
 thefe inftru&ions in Maflachufetts, or any other colony or province 
 excepting New Hampfhire ; where fuch a law was enacted, in which 
 the diftindlion noted in the text between the Chriftian fervants or 
 flaves, and the Indians and Negroes, is emphatically illuftrated. The 
 Province Law of 1718, Chap. 70, is as follows (Edit. 1771, p* 101) : 
 
 An Ad for retraining Inhuman Severities. 
 
 I. BE IT ENACTED by His EXCELLENCY the GOVERNOR, COUNCIL, 
 and REPRESENTATIVES, convened in GENERAL ASSEMBLY, and it is here 
 by ENACTED by the AUTHORITY of the fame , That for the prevention 
 and reflraining inhuman feverities, which by evil mafters or overfeers 
 may be ufed towards their Chriftian fervants, that from and after the 
 publication hereof, if any man frriite out the eye or tooth of his man- 
 fervant or maid-fervant, or otherwife maim or disfigure them much, 
 unlefs it be by meer cafualty, he mall let him or her go free from his 
 fervice, and mail allow fuch further recompence as the court of quarter 
 feflions (hall adjudge him. 
 
 2. AND IT is further ENACTED, and ORDAINED by the AUTHORITY 
 aforejaid. That if any perfon or perfons whatever within this province 
 mail wilfully kill his Indian or negro fervant or fervants, he mail be 
 punifhed with death. 
 
 It is true, that Chriftian fervants were protected in Maflachufetts 
 by the carlieft law refpecVmg the " liberties of fervants " from which the 
 provifions of the firft feftion of the foregoing law were copied ; but 
 the relations of the Indian and Negro flaves and their mafters were ftill 
 
250 Appendix. 
 
 regulated in accordance with the contemporary ftandards of opinion 
 concerning what was morally required by " the law of God eftablifhed in 
 Ifrael," or what may be defcribed as the New-Englifh-Hebrew-Chriftian 
 common or cuftomary law. The familiar phrafe " treated worfe than 
 a ne^ro " is hiftorical in MaflTachufetts. Sewall s Diary, Ottober zotki 
 1701, quoted in Ouincy s Harv. Coll., i., 490. 
 
 9. Pages 126-28. On the 25th of June, 1766, a petition was pre- 
 fented in the Houfe of Reprefentatives, from Ezekiel Wood, the repre- 
 fentative for the town of Uxbridge, fetting forth that there were in faid 
 town two aged and infirm negroes not belonging there, etc. On the 
 28th, this petition was difmifled, and a Committee was appointed to 
 bring in a bill at the next feflion for preventing Fraud in the fale of 
 Negroes. On the ift of November, in the fame year, " a Bill intitu 
 led An A61 to prevent Frauds in the fale of Negroes " was " read a firft 
 time and ordered a fecond reading on Tuefday next at Ten o clock." 
 On the 4th, it was read a fecond time and recommitted for amendment. 
 
 The draft of the bill is preferved, as well as the report of the com 
 mittee. Mafs. Archives, Dome/lie Relations, 1643-1774, ^.9,449, 
 450. It was intended to prevent fraudulent fales made by the original 
 purchafers or owners to perfons of no refponfibility. Under its pro- 
 vifions, the towns were authorized to bring actions againft the next 
 vendor of ability, and each and every vendor from the original pur- 
 chafer or owner was made liable. In this way the maintenance of the 
 pauper negroes was to be provided for without charge to the towns. 
 
 We find no further proceedings on the fubjeft until the 4th of 
 June, 1 767, when the " Bill to prevent Fraud in the fale of Negroes 
 and to provide for their maintenance " was read, and the Secretary was 
 ordered to " lay on the Table the Aft for laying a duty of Import on 
 the Importation of Negro or other Slaves into this Province," which 
 he accordingly did. The latter bill, as we have feen, had fallen between 
 the two houfes in March previous. Whether it was propofed, at this 
 time, by bringing them together to devife fome new movement on 
 the fubjeft of either or both, we cannot afcertain, having found no 
 trace of further aftion upon them. 
 
Appendix. 251 
 
 C. JUDGE BAFFIN S REPLY TO JUDGE SEWALL, 1701. 
 
 WHILE thefe meets are paffing through the prefs, we are kindly 
 favored with the opportunity to make ufe of this extremely rare and 
 valuable, if not unique tract, from which we copy below. We are 
 indebted to the generous and liberal courtefy of GEORGE BRINLEY, 
 Efq., of Hartford, Connecticut, for this moft interefting and import 
 ant addition to our work. Compare ante, pp. 83-88. 
 
 " A Brief and Candid Anfwer to a late Printed 
 Sheet, Entituled, The Selling of Jofeph. 
 
 " THAT Honourable and Learned Gentleman, the Author of a 
 Sheet, Entituled, The Selling of Jofeph, A Memorial, feems from 
 thence to draw this conclufion, that becaufe the Sons of Jacob did 
 very ill in felling their Brother Jofeph to the I/hmaelites, who were 
 Heathens, therefore it is utterly unlawful to Buy and Sell Negroes, 
 though among Chriftians; which Conclufion I prefume is not well 
 drawn from the Premifes, nor is the cafe parallel ; for it was unlawful 
 for the Israelites to Sell their Brethren upon any account, or pretence 
 whatfoever during life. But it was not unlawful for the Seed of Abra 
 ham to have Bond men, and Bond women either born in their Houfe, 
 or bought with their Money, as it is written of Abraham, Gen. 14. 
 14. &? 21. 10. 6? Exod. 21. 1 6. Levit. 25. 44. 45, 46 v. After the 
 giving of the Law : And in Jojh. 9. 23. That famous Example of 
 the Gibeomtes is a fufficient proof where there no other. 
 
 " To fpeak a little to the Gentlemans firft Aflertion : That none 
 ought to part with their Liberty themfelves, or deprive others of it 
 but upon mature con/ideration ; a prudent exception, in which he 
 grants, that upon fome confideration a man may be deprived of his 
 Liberty. And then prefently in his next Pofition or Aflertion he 
 denies it, viz. : It is moft certain, that all men as they are the Sons 
 of Adam are. Coheirs, and, have equal right to Liberty, and all other 
 Comforts of Life, which he would prove out of Psal. 115. 16. 
 The Earth hath he given to the Children of Men. True, but what 
 is all this to the purpofe, to prove that all men have equal right to 
 Liberty, and all outward comforts of this life ; which Pofition feems 
 
252 Appendix. 
 
 to invert the Order that God hath fet in the World, who hath 
 Ordained different degrees and orders of men, fome to be High and 
 Honourable, fbme to be Low and Defpicable ; fome to be Monarchs, 
 Kings, Princes and Governours, Mafters and Commanders, others to 
 be Subjects, and to be Commanded; Servants of fundry forts and 
 degrees, bound to obey ; yea, fome to be born Slaves, and so to re 
 main during their lives, as hath been proved. Otherwife there would 
 be a meer parity among men, contrary to that of the Apoftle, I Cor. 
 1 2 from the 1 3 to the 26 verse, where he fets forth (by way of com- 
 parifon) the different forts and offices of the Members of the Body, in- 
 digitating that they are all of ufe, but not equal, and of like dignity. 
 So God hath fet different Orders and Degrees of Men in the World, 
 both in Church and Common weal. Now, if this Pofition of parity 
 mould be true, it would then follow that the ordinary Courfe of Divine 
 Providence of God in the World mould be wrong, and unjuft, (which 
 we muft not dare to think, much lefs to affirm) and all the facred Rules, 
 Precepts and Commands of the Almighty which he hath given the Son 
 of Men to obferve and keep in their refpe&ive Places, Orders and 
 Degrees, would be to no purpofe ; which unaccountably derogate from 
 the Divine Wifdom of the moft High, who hath made nothing in vain, 
 but hath Holy Ends in all his Difpenfations to the Children of men. 
 
 "In the next place, this worthy Gentleman makes a large Difcourfe 
 concerning the Utility and Conveniency to keep the one, and incon- 
 veniency of the other; refpedling white and black Servants, which 
 conduceth moft to the welfare and benefit of this Province : which he 
 concludes to be white men, who are in many refpefts to be preferred 
 before Blacks ; who doubts that ? doth it therefore follow, that it is 
 altogether unlawful for Chriflians to buy and keep Negro Servants (for 
 this is the Thefis) but that thofe that have them ought in Confcience 
 to fet them free, and fo lofe all the money they coft (for we muft not 
 live in any known fin) this feems to be his opinion ; but it is a Ques 
 tion whether it ever was the Gentleman s practice ? But if he could 
 perfwade the General Aflembly to make an Aft, That all that have 
 Negroes, and do fet them free, mail be Re imburfed out of the Publick 
 Treafury, and that there mail be no more Negroes brought into the 
 Country ; tis probable there would be more of his opinion ; yet he 
 would find it a hard tafk to bring the Country to confent thereto ; for 
 
Appendix. 253 
 
 then the Negroes muft be all fent out of the Country, or elfe the 
 remedy would be worfe than the Difeafe ; and it is to be feared that 
 thofe Negroes that are free, if there be not fome ftricl courfe taken with 
 them by Authority, they will be a plague to this Country. 
 
 " Again, If it mould be unlawful to deprive them that are lawful 
 Captives, or Bondmen of their Liberty for Life being Heathens ; it 
 feems to be more unlawful to deprive our Brethren, of our own or 
 other Chriftian Nations of the Liberty, (though but for a time) by 
 binding them to Serve fome Seven, Ten, Fifteen, and fome Twenty 
 Years, which oft times proves for their whole Life, as many have been ; 
 which in effecl: is the fame in Nature, though different in the time, yet 
 this was allow d among the Jews by the Law of God ; and is the 
 conftant practice of our own and other Chriftian Nations in the World : 
 the which our Author by his Dogmatical AfTertions doth condemn as 
 Irreligious ; which is Diametrically contrary to the Rules and Precepts 
 which God hath given the diverfity of men to obferve in their refpec- 
 tive Stations, Callings, and Conditions of Life, as hath been obferved. 
 
 " And to illuftrate his Aflertion our Author brings in by way of 
 Comparifon the Law of God againft man Stealing, on pain of Death : 
 Intimating thereby, that Buying and Selling of Negro s is a breach of 
 that Law, and fo deferves Death : A fevere Sentence : But herein he 
 begs the Queftion with a Caveat Emptor. For, in that very Chapter 
 there is a Difpenfation to the People of Israel, to have Bond men, 
 Women and Children, even of their own Nation in fome cafe ; and 
 Rules given therein to be obferved concerning them ; Verfe the ^th. 
 And in the before cited place, Levit. 25. 44, 45, 46. Though the 
 Israelites were forbidden (ordinarily) to make Bond men and Women 
 of their own Nation, but of Strangers they might : the words run thus, 
 verse 44. Both thy Bond men, and thy Bond maids which thou Jhalt 
 have Jliall be of the Heathen, that are round about you : of them 
 JJiall you Buy Bond men and Bond maids, &c. See also, i Cor. 12. 
 13. Whether we be Bond or Free, which mows that in the times of 
 the New Teftament, there were Bond men alfo, &c. 
 
 " In fine, The fum of this long Haurange, is no other, than to com 
 pare the Buying and Selling of Negro s unto the Stealing of Men, and the 
 Selling of Jofeph by his Brethren, which bears no proportion therewith, 
 nor is there any congruiety therein, as appears by the foregoing Texts. 
 
254 Appendix. 
 
 " Our Author doth further proceed to anfwer fome Obje&ions of 
 his own framing, which he fuppofes fome might raife. 
 
 "Obj eft. i. That thefe Blackamores are of the Posterity of 
 Cham, and therefore under the Curfeof Slavery. Gen. 9. 25, 26, 27. 
 The which the Gentleman feems to deny, faying, they ware the Seed 
 of Canaan that were Curfed, &c. 
 
 " Anjw. Whether they were fo or not, we mall not difpute : this 
 may fuffice, that not only the feed of Cham or Canaan, but any lawful 
 Captives of other Heathen Nations may be made Bond men as hath 
 been proved. 
 
 " Obj, 2. That the Negroes are brought out of Pagan Countreys 
 into places where the Gofpel is Preached. To which he Replies, that 
 we mujl not doe Evil that Good may come of it. 
 
 " Anf. To which we anfwer, That it is no Evil thing to bring 
 them out of their own Heathenish Country, where they may have the 
 Knowledge of the True God, be Converted and Eternally faved. 
 
 " Obj. 3. The AfFricans have Wars one with another ; our Ships 
 bring lawful Captives taken in thofe Wars. 
 
 " To which our Author anfwers Conjefturally, and Doubtfully, for 
 ought we know, that which may or may not be ; which is infignificant, 
 and proves nothing. He alfo compares the Negroes Wars, one Nation 
 with another, with the Wars between Jofeph and his Brethren. But 
 where doth he read of any fuch War ? We read indeed of a 
 Domeftick Quarrel they had with him, they envyed and hated Jofeph ; 
 but by what is Recorded, he was meerly paffive and meek as a Lamb. 
 This Gentleman farther adds, That there is not any War but is 
 unjiifl on one fide, &c. Be it fo, what doth that fignify : We read of 
 lawful Captives taken in the Wars, and lawful to be Bought and Sold 
 without contracting the guilt of the Agrejfors ; for which we have the 
 example of Abraham before quoted ; but if we muft ftay while both 
 parties Warring are in the right, there would be no lawful Captives at 
 all to be Bought ; which feems to be rediculous to imagine, and contrary 
 to the tenour of Scripture, and all Humane Hiftories on that fubjecl:. 
 
 "Obj. 4. Abraham had Servants bought with his Money, and 
 born in his Houfe. Gen. 14. 14. To which our worthy Author 
 anfwers, until the Circumftances of Abraham s pur chafe be recorded, 
 no Argument can be drawn from it. 
 
Appendix. 255 
 
 " AnJ. To which we Reply, this is alfo Dogmatical, and proves 
 nothing. He farther adds, In the mean time Charity Obliges us to 
 conclude, that he knew it was lawful and good. Here the gentleman 
 yields the cafe ; for if we are in Charity bound to believe Abrahams 
 practice, in buying and keeping Slaves in his houfe to be lawful and 
 good : then it follows, that our Imitation of him in this his Moral 
 Action, is as warrantable as that of his Faith ; who is the Father of 
 all them that believe. Rom. 4. 1 6. 
 
 " In the clofe of all, Our Author Quotes two more places of Scrip 
 ture, viz. ; Levit. 25. 46, and Jer. 34, from the 8. to the 22. v. 
 To prove that the people of Ifrael were ftridly forbidden the Buying 
 and Selling one another for Slaves : who queftions that ? and what is 
 that to the cafe in hand ? What a ftrange piece of Logick is this ? 
 Tis unlawful for Chriflians to Buy and Sell one another for flaves. 
 Ergo, It is unlawful to Buy and Sell Negroes that are lawful CaptivM 
 Heathens. 
 
 " And after a Serious Exhortation to us all to Love one another 
 according to the Command of Christ. Math. 5, 43, 44. This 
 worthy Gentleman concludes with this Aflertion, That thefe Ethiope- 
 ans as Black as they are, feeing they are the Sons and Daughters 
 of the firft Adam; the Brethren and Sifters of the Second Adam, 
 and the Offspring of God ; we ought to treat them with a refpetl 
 agreeable. 
 
 " Ans. We grant it for a certain and undeniable verity, That all 
 Mankind are the Sons and Daughters of Adam-) and the Creatures of 
 God : But it doth not therefore follow that we are bound to love 
 and refpecl all men alike ; this under favour we mud take leave to 
 deny ; we ought in charity, if we fee our Neighbour in want, to re 
 lieve them in a regular way, but we are not bound to give them fo 
 much of our Eftates, as to make them equal with our felves, because 
 they are our Brethren, the Sons of Adam, no, not our own natural 
 Kinfmen : We are Exhorted to do good unto all, but efpecially to 
 them who are of the Houjhold of Faith, Gal. 6. 10. And we are 
 to love, honour and refpeft all men according to the gift of God that 
 is in them : I may love my Servant well, but my Son better; Charity 
 begins at home, it would be a violation of common prudence, and a 
 breach of good manners, to treat a Prince like a Peafant. And this 
 
256 Appendix. 
 
 worthy Gentleman would deem himfelf much negle&ed, if we mould 
 mow him no more Defference than to an ordinary Porter : And there 
 fore thefe florid expreflions, the Sons and Daughters of the Firft Adam, 
 the Brethren and Sifters of the Second Adam, and the Offspring of 
 God, feem to be mifapplied to import and infmuate, that we ought to 
 tender Pagan Negroes with all love, kindnefs, and equal refpect as to 
 the beft of men. 
 
 " By all which it doth evidently appear both by Scripture and 
 Reafon, the practice of the People of God in all Ages, both before 
 and after the giving of the Law, and in the times of the Gofpel, that 
 there were Bond men, Women and Children commonly kept by holy 
 and good men, and improved in Service ; and therefore by the Com 
 mand of God, Lev. 25, 44, and their venerable Example, we may 
 keep Bond men, and ufe them in our Service ftill ; yet with all can 
 dour, moderation and Chriftian prudence, according to their ftate and 
 condition confonant to the Word of God. 
 
 " The Negroes Character. 
 
 " Cowardly and cruel are thofe Blacks Innate, 
 Prone to Revenge, Imp of inveterate hate. 
 He that exafperates them t foon efpies 
 Mischief and Murder in their very eyes. 
 Libidinous, Deceitful, Falfe and Rude, 
 Thejpume IJJue of Ingratitude. 
 The Premifes confided d, all may tell, 
 How near good Jofeph they are parallel" 
 
 V OF THE 
 
 | UNIVERSITY 
 
By the same Writer : 
 
 THE TREASON OF LEE. 
 
 "Mr. Lee s Plan March 29, 1777." The Treafon of 
 Charles Lee, Major-General, Second in Command in the 
 American Army of the Revolution. By GEORGE H. 
 MOORE, Librarian of the New York Hiftorical Society. 
 i vol., 8vo, cloth. Two Steel Portraits, and Two Litho 
 graph Fac-fimiles of Documents. Three dollars. 
 
 " It is a clear and most interesting development of one of the strangest events 
 in the history of the Revolution. It is as important as it is curious, for the acts and 
 motives of a man who held so high a rank in the army and in the public estimation 
 should be known. They affect the character of others, and throw light on transac 
 tions which could not otherwise be explained." 
 
 JARED SPARKS. 
 
 11 Your paper was certainly the most instructive one ever presented (within my 
 observation) to any one of our Historical Societies. 
 
 " The work does you great credit ; it is full of interest, of facts collected from 
 far and near. The story is well told, the criticism careful and discriminating. I 
 feel certain it will bring you much reputation for its completeness and manner of exe 
 cution. Go on ; and you will win honor for yourself, while you will as 
 sist to make American History what it ought to be." 
 
 GEORGE BANCROFT. 
 
 " I have read it with great interest. It is a curious, valuable, and conclusively 
 argued contribution to our Revolutionary history." 
 
 GULIAN C. VERPLANCK. 
 
 " I am greatly indebted to you for a copy of your beautiful monograph. * * * 
 I rejoice that you have found the means (and made such good use of them) of put 
 ting his worthlessness beyond all question." 
 
 EDWARD EVERETT. 
 
 " You have done a good service to history. I ran it through with the greatest 
 interest." 
 
 ROBERT C. WINTHROP. 
 
 " Many thanks for < Lee s Treason. * * * Moore has made out the 
 case against him." 
 
 W. F. DE SAUSSURE (of S. C.) 
 
 " The Treason of Lee is placed beyond doubt, and the original documents estab 
 lishing it are published in the recent highly valuable monograph of G. H. Moore 
 Esq., on that subject." Everett s Life of Washington. 
 
(2) 
 
 " We commend Mr. Moore s work as the most valuable, contribution to our 
 Revolutionary history that has appeared for many a day, and assure our readers that 
 the perusal of its elegant and eloquent pages cannot but repay the few hours that it 
 will require." Historical Magazine. 
 
 " We commend this essay to the attention of historical students, admiring the 
 simplicity and lucidity of its style." Express. 
 
 " A work which we have read with great pleasure, * * * wen ^^^ t ] le 
 
 attention of our readers, and we take great pleasure in recommending it to them." 
 
 Boston Post. 
 
 " This beautifully printed volume is an important contribution to the history of 
 the war of the Revolution. It establishes beyond a question the treason of one of 
 the most distinguished generals of that war, who was second in command to Wash 
 ington." Providence Journal. 
 
 " The researches of Mr. Moore reflect great credit on his industry and penetra 
 tion as a historical student, and we unite with those better capable of judging than 
 ourselves, that he has brought to light important facts, which tend more to clear up 
 obscure points in our Revolutionary history than any thing that has appeared since the 
 events alluded to took place." Providence Journal. 
 
 " The volume abounds with curious details, and will be read with great interest 
 by the student of American history." N. T. Tribune. 
 
 No student of American history can afford to be without this book." R. I. 
 Schoolmaster. 
 
 " One of the most valuable contributions to our Revolutionary history that has 
 ever been published. * * Mr. Moore s carefulness and completeness of re 
 search are fine qualities of the historian, happily exhibited in this volume." Chris 
 tian Intelligencer. 
 
 " Sound judgment, thorough research, just appreciation of character, an acute 
 perception of the logical connection of events chronologically disjoined, and a ready 
 command of clear, precise, and appropriate language, have enabled Mr. Moore to 
 make a volume, which, taken in all its bearings, may unhesitatingly be pronounced 
 the most important monograph ever contributed to the history of the War of Inde 
 pendence." Nciv York Times. 
 
 " Crammed with the valuable results of original investigations. Alany of the 
 documents never before published, and throwing a new and unexpected light on a very 
 interesting episode of the Revolution." Evening Post. 
 
 Also: 
 
 HISTORICAL NOTES ON THE EMPLOYMENT 
 
 of Negroes in the American Army of the Revolution. 
 Pamphlet. 8vo. 24 pages. Fifty cents. 
 
[PROSPECTUS.] 
 THE 
 
 STATUTES AT LARGE OF NEW-YORK 
 
 1664-1691. 
 
 The laivs of a nation form the most instructive portion of its history" 
 
 I propose to publish the STATUTES AT LARGE OF NEW YORK from 1664 to 1691. 
 The first English Laws were established in the Province immediately after the reduc 
 tion of the Dutch in New-Netherland, by the authority of Letters Patent granted 
 by King Charles II. to his brother, James, Duke of York, March I2th, 1664. 
 These laws, since known as " the Duke s Laws," were altered, explained, and 
 amended by the same authority during the succeeding years until 1683, when the 
 first Representative Assembly met in New- York. Laws were enacted by this 
 Assembly in that and the following year, and a second Assembly met and enacted 
 others in the year 1685, after the accession of James II. to the throne. This, how 
 ever, was the only meeting of an Assembly in New- York during his reign for in 
 1686 he abolished the Assembly, and made his Governor and Council the legislature 
 of the Province. Several acts were passed by this body in the years 1687 and 1688 j 
 and these, with the acts of the Assembly summoned by Leisler during the troubles 
 which attended the Revolution, complete the Body of Laws which it is now proposed 
 to pubiish. 
 
 Of all these statutes, fragments only are accessible to the student either of Law 
 or History. It is well known that no printing-press was established in New- York 
 until after the era of the English Revolution of 1688 ; and the laws were published 
 in manuscript, many being preserved only in the public records $ and the Acts of 
 the first Assemblies were so neglected, that the historian, also one of the principal 
 lawyers of the time, declared more than a century ago, that they were " for the most 
 part rotten, defaced, or lost." 
 
 In the first volume of the Collections of the New- York Historical Society there 
 is a copy of the East Hampton Book of Laws, and in the Appendix to the Revised 
 Laws of 1813 are imperfect copies of three of the Acts of the First Assembly, while 
 in one instance (and but one, I believe), another Act of the same Assembly is recited 
 in an enactment of a subsequent legislature. The printed laws of New- York begin 
 with the year 1691, and, with the exceptions just mentioned, the whole body of laws 
 of the first twenty-six years of the English government of New- York exists only in 
 scattered, obscure, and fast perishing manuscripts. 
 
 Their importance to the lawyer as well as the historian is obvious, for they are 
 the basis of all subsequent legislation in respect to the subjects to which they relate. 
 
(2) 
 
 They " tend to show the progressive state of our laws, with the various changes they 
 have undergone from the commencement, and serve to throw great light on the 
 historical transactions " of the colonial period. Instances have not been wanting, 
 and may yet occur, in which, though they do not govern, they may be found 
 proper to guide." 
 
 The volume will comprise the Nicolls Code as originally promulgated in 1665 ; 
 the Alterations, Additions, and Amendments of 1665 and 16665 the "Duke s 
 Laws," as approved and established in i667~ 68; the Orders of the General Court of 
 Assizes and the Governor and Council, from 1667 to 1683; the Acts of Assembly 
 of 1683, 1684, and 1685; the Acts of the Governor and Council from 1686 to 
 1689; and the Acts of the Assembly summoned by Leisler in 1690. 
 
 Various illustrative documents will be given, with a Historical Introduction and 
 Notes, among which will be found biographical notices of the English Governors of 
 New- York from 1664 to 1691. I propose to add fac-similes of various acts of ap 
 proval, and the volume will be completed by a full and thorough analytical index. 
 
 It will be printed in the best manner, in large octavo form, and will make a 
 volume of not less than three hundred pages. 
 
 PRICE, FIVE DOLLARS, payable on delivery. 
 
 GEORGE H. MOORE, 
 
 Librarian of the New- York Historical Society. 
 NEW-YORK, October, 1862. 
 
 If sufficient encouragement is given to warrant the undertaking, the work 
 will be continued through the remainder of the Colonial period 1691-1775. Of 
 nearly two thousand statutes enacted during these years by thirty-two different 
 Assemblies, not one-third have been printed in the various collected and revised 
 editions, and all are long since out of print. 
 
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