History of the Negro Race in America
Chapter 33 : "Thus, by enacting such a law, in process of time will the blacks become free; or,

"Thus, by enacting such a law, in process of time will the blacks become free; or, if the Honorable House of Representatives shall think of a more eligible method, we shall be heartily glad of it. But whether you can justly take away or free a negro from his master, who fairly purchased him, and (although illegally; for such is the purchase of any person against their consent unless it be for a capital offence) which the custom of this country has justified him in, we shall not determine; but hope that unerring Wisdom will direct you in this and all your other important undertakings."[388]

Medford instructed the representative to "use his utmost influence to have a final period put to that most cruel, inhuman and unchristian practice, the slave-trade." At a town meeting the people of Sandwich voted, on the 18th of May, 1773, "that our representative is instructed to endeavor to have an Act pa.s.sed by the Court, to prevent the importation of _slaves_ into this country, and that all children that shall be born of such Africans as are now slaves among us, shall, after such Act, be free at 21 yrs. of age."[389]

This completes the list of towns that gave instructions to their representatives, as far as the record goes. But there doubtless were others; as the towns were close together, and as the "spirit of liberty was rife in the land."

The Negroes did not endure the yoke without complaint. Having waited long and patiently for the dawn of freedom in the colony in vain, a spirit of unrest seized them. They grew sullen and desperate. The local government started, like a sick man, at every imaginary sound, and charged all disorders to the Negroes. If a fire broke out, the "Negroes did it,"--in fact, the Negroes, who were not one-sixth of the population, were continually committing depreciations against the whites! On the 13th of April, 1723, Lieut.-Gov. Dummer issued a proclamation against the Negroes, which contained the following preamble:--

"Whereas, within some short time past, many fires have broke out within the town of Boston, and divers buildings have thereby been consumed: which fires have been designedly and industriously kindled by some villanous and desperate negroes, or other dissolute people, as appears by the confession of some of them (who have been examined by the authority), and many concurring circ.u.mstances; and it being vehemently suspected that they have entered into a combination to burn and destroy the town, I have therefore thought fit, with the advice of his Majesty's council, to issue forth this proclamation," etc.

On Sunday, the 18th of April, 1723, the Rev. Joseph Sewall preached a sermon suggested "by the late fires y't have broke out in Boston, supposed to be purposely set by y'e negroes." The town was greatly exercised. Everybody regarded the Negroes with distrust. Special measures were demanded to insure the safety of the town. The selectmen of Boston pa.s.sed "nineteen articles" for the regulation of the Negroes. The watch of the town was increased, and the military called out at the sound of every fire-alarm "to keep the slaves from breaking out"! In August, 1730, a Negro was charged with burning a house in Malden; which threw the entire community into a panic. In 1755 two Negro slaves were put to death for poisoning their master, John Codman of Charlestown. One was hanged, and the other burned to death. In 1766 all slaves who showed any disposition to be free were "transported and exchanged for small negroes."[390] In 1768 Capt. John Willson, of the Fifty-ninth Regiment, was accused of exciting the slaves against their masters; a.s.suring them that the soldiers had come to procure their freedom, and that, "with their a.s.sistance, they should be able to drive the Liberty Boys to the Devil." The following letter from Mrs.

John Adams to her husband, dated at the Boston Garrison, 22d September, 1774, gives a fair idea of the condition of the public pulse, and her p.r.o.nounced views against slavery.

"There has been in town a conspiracy of the negroes. At present it is kept pretty private, and was discovered by one who endeavored to dissuade them from it. He being threatened with his life, applied to Justice Quincy for protection.

They conducted in this way, got an Irishman to draw up a pet.i.tion to the Governor [Gage], telling him they would fight for him provided he would arm them, and engage to liberate them if he conquered. And it is said that he attended so much to it, as to consult Percy upon it, and one Lieutenant Small has been very busy and active. There is but little said, and what steps they will take in consequence of it I know not. I wish most sincerely there was not a slave in the province; it always appeared a most iniquitous scheme to me to fight ourselves for what we are daily robbing and plundering from those who have as good a right to freedom as we have. You know my mind upon this subject."[391]

The Negroes of Ma.s.sachusetts were not mere pa.s.sive observers of the benevolent conduct of their white friends. They were actively interested in the agitation going on in their behalf. Here, as in no other colony, the Negroes showed themselves equal to the emergencies that arose, and capable of appreciating the opportunities to strike for their own rights. The Negroes in the colony at length struck a blow for their liberty. And it was not the wild, indiscriminate blow of Turner, nor the military measure of Gabriel; not the remorseless logic of bludgeon and torch,--but the sober, sensible efforts of _men_ and _women_ who believed their condition abnormal, and slavery prejudicial to the largest growth of the human intellect. The eloquence of Otis, the impa.s.sioned appeals of Sewall, and the zeal of Eliot had rallied the languis.h.i.+ng energies of the Negroes, and charged their hearts with the divine pa.s.sion for liberty. They had learned to spell out the letters of freedom, and the meaning of the word had quite ravished their fainting souls. They had heard that the royal charter declared all the colonists British subjects; they had devoured the arguments of their white friends, and were now prepared to act on their own behalf. The slaves of Greece and Rome, it is true, pet.i.tioned the authorities for a relaxation of the severe laws that crushed their manhood; but they were captives from other nations, noted for government and a knowledge of the science of warfare. But it was left to the Negroes of Ma.s.sachusetts to force their way into counts created only for white men, and win their cause!

On Wednesday, Nov. 5, 1766, John Adams makes the following record in his diary:--

"5. Wednesday. Attended Court; heard the trial of an action of trespa.s.s, brought by a mulatto woman, for damages, for restraining her of her liberty. This is called suing for liberty; the first action that ever I knew of the sort, though I have heard there have been many."[392]

So as early as 1766 Mr. Adams records a case of "suing for liberty;"

and though it was the first he had known of, nevertheless, he had "heard there have been many." _How_ many of these cases were in Ma.s.sachusetts it cannot be said with certainty, but there were "many."

The case to which Mr. Adams makes reference was no doubt that of Jenny Slew _vs._ John Whipple, jun., cited by Dr. Moore. It being the earliest case mentioned anywhere in the records of the colony, great interest attaches to it.

"JENNY SLEW of Ipswich in the County of Ess.e.x, spinster, Pltff., agst. JOHN WHIPPLE, Jun., of said Ipswich Gentleman, Deft., in a Plea of Trespa.s.s that the said John on the 29th day of January, A.D. 1762, at Ipswich aforesaid with force and arms took her the said Jenny, held and kept her in servitude as a slave in his service, and has restrained her of her liberty from that time to the fifth of March last without any lawful right & authority so to do and did her other injuries against the peace & to the damage of said Jenny Slew as she saith the sum of twenty-five pounds. This action was first brought at last March Court at Ipswich when & where the parties appeared & the case was continued by order of Court to the then next term when and where the Pltff appeared & the said John Whipple Jun, came by Edmund Trowbridge, Esq. his attorney & defended when he said that there is no such person in nature as Jenny Slew of Ipswich aforesaid, Spinster, & this the said John was ready to verify wherefore the writ should be abated & he prayed judgment accordingly which plea was overruled by the Court and afterwards the said John by the said Edmund made a motion to the Court & praying that another person might endorse the writ & be subject to cost if any should finally be for the Court but the Court rejected the motion and then Deft. saving his plea in abatement aforesaid said that he is not guilty as the plaintiff contends, & thereof put himself on the Country, & then the cause was continued to this term, and now the Pltff. reserving to herself the liberty of joining issue on the Deft's plea aforesaid in the appeal says that the defendant's plea aforesaid is an insufficient answer to the Plaintiff's declaration aforesaid and by law she is not held to reply thereto & she is ready to verify wherefore for want of a sufficient answer to the Plaintiff's declaration aforesaid she prays judgment for her damages & costs & the defendant consenting to the waiving of the demurrer on the appeal said his plea aforesaid is good & because the Pltff refuses to reply thereto He prays judgment for his cost. It is considered by the Court that the defendant's plea in chief aforesaid is good & that the said John Whipple recover of the said Jenny Slew costs tax at the Pltff appealed to the next Superior Court of Judicature to be holden for this County & entered into recognizance with sureties as the law directs for prosecuting her appeal to effect." _Records of the Inferior Court of C.C.P., Vol_.--, (_Sept._ 1760 _to July_ 1766), _page_ 502.

"JENNY SLEW of Ipswich, in the County of Ess.e.x, Spinster, Appellant, versus JOHN WHIPPLE, Jr. of said Ipswich, Gentleman Appellee from the judgment of an Inferior Court of Common Pleas held at Newburyport within and for the County of Ess.e.x on the last Tuesday of September 1765 when and where the appellant was plaint., and the appellee was defendant in a plea of trespa.s.s, for that the said John upon the 29th day of January, A.D. 1762, at Ipswich aforesaid with force and arms took her the said Jenny held & kept her in servitude as a slave in his service & has restrained her of her liberty from that time to the fifth of March 1765 without any lawful right or authority so to do & did other injuries against the Peace & to the damage of the said Jenny Slew, as she saith, the sum of twenty-five pounds, at which Inferior Court, judgment was rendered upon the demurrer then that the said John Whipple recover against the said Jenny Slew costs. This appeal was brought forward at the Superior Court of Judicature &c., holden at Salem, within & for the County of Ess.e.x on the first Tuesday of last November, from whence it was continued to the last term of this Court for this County by consent & so from thence unto this Court, and now both parties appeared & the demurrer aforesaid being waived by consent & issue joined upon the plea tendered at said Inferior Court & on file. The case after full hearing was committed to a jury sworn according to law to try the same who returned their verdict therein upon oath, that is to say, they find for appellant reversion of the former judgment four pounds money damage & costs. It's therefore considered by the Court, that the former judgment be reversed & that the said Slew recover against the said Whipple the sum of four pounds lawful money of this Province damage & costs taxed 9_l._ 9_s._ 6_d._

"Exon. issued 4 Dec. 1766." _Records of the Superior Court of Judicature_ (_vol._ 1766-7), _page_ 175.

The next of the "freedom cases," in chronological order, was the case of Newport _vs._ Billing, and was doubtless the one in which John Adams was engaged in the latter part of September, 1768.[393] It was begun in the Inferior Court, where the decision was against the slave, Amos Newport. The plaintiff took an appeal to the highest court in the colony; and that court gave as its solemn opinion, "that the said Amos [Newport] was not a freeman, as he alleged, but the proper slave of the said Joseph [Billing]."[394] It should not be lost sight of, that not only the Fundamental laws of 1641, but the highest court in Ma.s.sachusetts, held, as late as 1768, that there was property in man!

The case of James _vs._ Lechmere is the one "which has been for more than half a century the grand _cheval de bataille_ of the champions of the historic fame of Ma.s.sachusetts."[395] Richard Lechmere resided in Cambridge, and held to servitude for life a Negro named "James." On the 2d of May, 1769, this slave began an action in the Inferior Court of Common Pleas. The action was "in trespa.s.s for a.s.sault and battery, and imprisoning and holding the plaintiff in servitude from April 11, 1758, to the date of the writ." The judgment of the Inferior Court was adverse to the slave; but on the 31st of October, 1769, the Superior Court of Suffolk had the case settled by compromise. A long line of worthies in Ma.s.sachusetts have pointed with pride to this decision as the legal destruction of slavery in that State. But it "_is shown by the records and files of Court to have been brought up from the Inferior Court by sham demurrer, and, after one or two continuances, settled by the parties_."[396] The truth of history demands that the facts be given to the world. It will not be pleasant for the people of Ma.s.sachusetts to have this delusion torn from their affectionate embrace. It was but a mere historical chimera, that ought not to have survived a single day; and, strangely enough, it has existed until the present time among many intelligent people. This case has been cited for the last hundred years as having settled the question of bond servitude in Ma.s.sachusetts, when the fact is, there was no decision in this instance! And the claim that Richard Lechmere's slave James was adjudged free "upon the same grounds, substantially, as those upon which Lord Mansfield discharged Sommersett," is absurd and baseless.[397] For on the 27th of April, 1785 (thirteen years after the famous decision), Lord Mansfield himself said, in reference to the Sommersett case, "that his decision went no farther than that the master cannot by force compel the slave to go out of the kingdom."

Thirty-five years of suffering and degradation remained for the Africans after the decision of Lord Mansfield. His lords.h.i.+p's decision was rendered on the 22d of June, 1772; and in 1807, thirty-five years afterwards, the British government abolished the slave-trade. And then, after twenty-seven years more of reflection, slavery was abolished in English possessions. _So, sixty-two years after Lord Mansfield's decision, England emanc.i.p.ated her slaves!_ It took only two generations for the people to get rid of slavery under the British flag. How true, then, that "facts are stranger than fiction"!

In 1770 John Swain of Nantucket brought suit against Elisha Folger, captain of the vessel "Friends.h.i.+p," for allowing a Mr. Roth to receive on board his s.h.i.+p a Negro boy named "Boston," and for the recovery of the slave. This was a jury-trial in the Court of Common Pleas. The jury brought in a verdict in favor of the slave, and he was "manumitted by the magistrates." John Swain took an appeal from the decision of the Nantucket Court to the Supreme Court of Boston, but never prosecuted it.[398] In 1770, in Hanover, Plymouth County, a Negro asked his master to grant him his freedom as _his right_. The master refused; and the Negro, with a.s.sistance of counsel, succeeded in obtaining his liberty.[399]

"In October of 1773, an action was brought against Richard Greenleaf, of Newburyport, by Caesar [Hendrick,] a colored man, whom he claimed as his slave, for holding him in bondage. He laid the damages at fifty pounds. The counsel for the plaintiff, in whose favor the jury brought in their verdict and awarded him eighteen pounds damages and costs, was John Lowell, esquire, afterward judge Lowell. This case excited much interest, as it was the first, if not the only one of the kind, that ever occurred in the county."[400]

This case is mentioned in full by Mr. Dane in his "Abridgment and Digest of American Law," vol. ii. p. 426.

In the Inferior Court of Common Pleas, in the county of Ess.e.x, July term in 1774, a Negro slave of one Caleb Dodge of Beverly brought an action against his master for restraining his liberty. The jury gave a verdict in favor of the Negro, on the ground that there was "no law of the Province to hold a man to serve for life."[401] This is the only decision we have been able to find based upon such a reason. The jury may have reached this conclusion from a knowledge of the provisions of the charter of the colony; or they may have found a verdict in accordance with the charge of the court. The following significant language in the charter of the colony could not have escaped the court:--

"That all and every of the subjects of us, our heirs and successors, which go to and inhabit within our said province and territory, and every of their children which shall happen to be born there, or on the seas in going thither, or returning from thence, shall have and enjoy all liberties and immunities of free and natural subjects within the dominions of us, our heirs and successors, to all intents, constructions, and purposes whatsoever, as if they and every of them were born within our realm of England."

The Rev. Dr. Belknap, speaking of these cases which John Adams speaks of as "suing for liberty," gives an idea of the line of argument used by the Negroes:--

"On the part of the blacks it was pleaded, that the royal charter expressly declared all persons born or residing in the province, to be as free as the King's subjects in Great Britain; that by the laws of England, no man could be deprived of his liberty but by the judgment of his peers; that the laws of the province respecting an evil existing, and attempting to mitigate or regulate it, did not authorize it; and, on some occasions, the plea was, that though the slavery of the parents be admitted, yet no disability of that kind could descend to children."[402]

The argument pursued by the masters was,--

"The pleas on the part of the masters were, that the negroes were purchased in open market, and bills of sale were produced in evidence; that the laws of the province recognized slavery as existing in it, by declaring that no person should manumit his slave without giving bond for his maintenance."[403]

It is well that posterity should know the motives that inspired judges and juries to grant these Negroes their prayer for liberty.

"In 1773, etc., some slaves did recover against their masters; but these cases are no evidence that there could not be slaves in the Province, for sometimes masters permitted their slaves to recover, to get clear of maintaining them as _paupers_ when old and infirm; the effect, as then generally understood, of a judgment against the master on this point of slavery; hence, a very feeble defence was often made by the masters, especially when sued by the old or infirm slaves, as the masters could not even manumit their slaves, without indemnifying their towns against their maintenance, as town paupers."

And Chief-Justice Parsons, in the case of Winchendon _vs._ Hatfield, in error, says,--

"Several negroes, born in this country of imported slaves demanded their freedom of their masters by suit at law, and obtained it by a judgment of court. The defence of the master was feebly made, for such was the temper of the times, that a restless discontented slave was worth little; and when his freedom was obtained in a course of legal proceedings, the master was not holden for his future support, if he became poor."

Thus did the slaves of Ma.s.sachusetts fill their mouths with arguments, and go before the courts. The majority of them, aged and infirm, were allowed to gain their cause in order that their masters might be relieved from supporting their old age. The more intelligent, and, consequently, the more determined ones, were allowed to have their freedom from prudential reasons, more keenly felt than frankly expressed by their masters. In some instances, however, n.o.ble, high-minded Christians, on the bench and on juries, were led to their conclusions by broad ideas of justice and humanity. But the spirit of the age was cold and materialistic. With but a very few exceptions, the most selfish and constrained motives conspired to loose the chains of the bondmen in the colony.

The slaves were not slow to see that the colonists were in a frame of mind to be persuaded on the question of emanc.i.p.ation. Their feelings were at white heat in antic.i.p.ation of the Revolutionary struggle, and the slaves thought it time to strike out a few sparks of sympathy.

On the 25th of June, 1773, a pet.i.tion was presented to the House of Representatives, and read before that body during the afternoon session. It was the pet.i.tion "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 some part of the unimproved Lands belonging to the Province, for a settlement, or relieve them in such other Way as shall seem good and wise upon the Whole." After its reading, a motion prevailed to refer it to a select committee for consideration, with leave to report at any time. It was therefore "ordered, that Mr. Hanc.o.c.k, Mr. Greenleaf, Mr. Adams, Capt. Dix, Mr. Pain, Capt. Heath, and Mr. Pickering consider this Pet.i.tion, and report what may be proper to be done."[404] It was a remarkably strong committee. There were the patriotic Hanc.o.c.k, the scholarly Greenleaf, the philosophic Pickering, and the eloquent Samuel Adams. It was natural that the Negro pet.i.tioners should have expected something. Three days after the committee was appointed, on the 28th of June, they recommended "that the further Consideration of the Pet.i.tion be referred till next session." The report was adopted, and the pet.i.tion laid over until the "_next session_."[405]

But the slaves did not lose heart. They found encouragement among a few n.o.ble spirits, and so were ready to urge the Legislature to a consideration of their pet.i.tion at the next session, in the winter of 1774. The following letter shows that they were anxious and earnest.

"SAMUEL ADAMS TO JOHN PICKERING, JR.

"BOSTON, Jan'y. 8, 1774.

"_Sir_,--

As the General a.s.sembly will undoubtedly meet on the 26th of this month, the Negroes whose pet.i.tion lies on file, and is referred for consideration, are very solicitous for the Event of it, and having been informed that you intended to consider it at your leisure Hours in the Recess of the Court, they earnestly wish you would compleat a Plan for their Relief. And in the meantime, if it be not too much Trouble, they ask it as a favor that you would by a Letter enable me to communicate to them the general outlines of your Design. I am, with sincere regard," etc.[406]

It is rather remarkable, that on the afternoon of the first day of the session,--Jan. 26, 1774,--the "Pet.i.tion of a number of Negro Men, which was entered on the Journal of the 25th of June last, and referred for Consideration to this session," was "read again, together with a Memorial of the same Pet.i.tioners, and _Ordered_, that Mr.

Speaker, Mr. Pickering, Mr. Hanc.o.c.k, Mr. Adams, Mr. Phillips, Mr.

Pain, and Mr. Greenleaf consider the same, and report."[407] The public feeling on the matter was aroused. It was considered as important as, if not more important than, any measure before the Legislature.

The committee were out until March, considering what was best to do about the pet.i.tion. On the 2d of March, 1774, they reported to the House "a Bill to prevent the Importation of Negroes and others as slaves into this Province," when it was read a first time. On the 3d of March it was read a second time in the morning session; in the afternoon session, read a third time, and pa.s.sed to be engrossed. It was then sent up to the Council to be concurred in, by Col. Gerrish, Col. Thayer, Col. Bowers, Mr. Pickering and Col. Bacon.[408] On the next day the bill "pa.s.sed in Council with Amendments,"[409] and was returned to the House. On the 5th of March the House agreed to concur in Council amendments, and on the 7th of March pa.s.sed the bill as amended. On the day following it was placed upon its pa.s.sage in the Council, and carried. It was then sent down to the governor to receive his signature, in order to become the law of the Province. That official's approval was withheld, and the reason given was, "the secretary said (on returning the approved bills) that his Excellency had not had time to consider the other Bills that had been laid before him."[410]

It is quite fortunate that the bill was preserved;[411] for it is now, in the certain light of a better civilization, a doc.u.ment of great historic value.

"ANNO REGNI REGIS GEORGII TERTII &c. DECIMO QUARTO.

"AN ACT to prevent the importation of Negroes or other Persons as Slaves into this Province, and the purchasing them within the same, _and for making provision for relief of the children of such as are already subjected to slavery Negroes Mulattoes & Indians born within this Province_.

"WHEREAS the Importation of Persons as Slaves into this Province has been found detrimental to the interest of his Majesty's subjects therein; And it being apprehended that the abolition thereof will be beneficial to the Province--

"_Be it therefore Enacted_ by the Governor Council and House of Representatives that whoever shall after the Tenth Day of April next import or bring into this Province by Land or Water any Negro or other Person or Persons whether Male or Female as a Slave or Slaves shall for each and every such Person so imported or brought into this Province forfeit and pay the sum of one hundred Pounds to be recovered by presentment or indictment of a Grand Jury and when so recovered to be to his Majesty for the use of this Government or by action of debt in any of his Majesty's Courts of Record and in case of such recovery the one moiety thereof to be to his majesty for the use of this Government the other moiety to the Person or Persons who shall sue for the same.

"_And be it further Enacted_ that from and after the Tenth Day of April next any Person or Persons that shall purchase any Negro or other Person or Persons as a Slave or Slaves imported or brought into this Province as aforesaid shall forfeit and pay for every Negro or other Person so purchased Fifty Pounds to be recovered and disposed of in the same way and manner as before directed.

"_And be it further Enacted_ that every Person, concerned in importing or bringing into this Province, or purchasing any such Negro or other Person or Persons as aforesaid within the same; who shall be unable, or refuse, to pay the Penalties or forfeitures ordered by this Act; shall for every such offence suffer Twelve months' imprisonment without Bail or mainprise.