History of the Negro Race in America
Chapter 29 : "_Perfecta servitus paenae, non potest jure loc.u.m habere, nisi ex delicto gravi

"_Perfecta servitus paenae, non potest jure loc.u.m habere, nisi ex delicto gravi quod ultimum supplicium aliquo modo meretur: quia Libertas ex naturali aestimatione proxime accedit ad vitam ipsam, & eidem a multis praeferri solet._

"Ames. Cas. Confc. Lib. 5. Cap. 23. Thes. 2. 3."

Judge Sewall's attack on slavery created no little stir in Boston; and the next year, 1701, Judge John Saffin, an a.s.sociate of Judge Sewall, answered it in quite a lengthy paper.[376] Having furnished Judge Sewall's paper, it is proper that Judge Saffin's reply should likewise have a place here.

"JUDGE SAFFIN'S REPLY TO JUDGE SEWALL, 1701.

"A Brief and Candid Answer to a late Printed Sheet, _Ent.i.tuled_, The Selling of Joseph.

"THAT Honourable and Learned Gentleman, the Author of a Sheet, Ent.i.tuled, _The Selling of Joseph, A_ Memorial, seems from thence to draw this conclusion, that because the Sons of _Jacob_ did very ill in selling their Brother _Joseph_ to the _Ishmaelites_, who were Heathens, therefore it is utterly unlawful to Buy and Sell Negroes, though among Christians; which Conclusion I presume is not well drawn from the Premises, nor is the case parallel; for it was unlawful for the _Israelites_ to Sell their Brethren upon any account, or pretence whatsoever during life. But it was not unlawful for the Seed of _Abraham_ to have Bond men, and Bond women either born in their House, or bought with their Money, as it is written of _Abraham, Gen. 14. 14._ & 21. 10.

& _Exod. 21. 16._ & _Levit. 25. 44. 45. 46 v._ After the giving of the law: And in _Josh. 9. 23._ That famous Example of the _Gibeonites_ is a sufficient proof where there no other.

"To speak a little to the Gentlemans first a.s.sertion: _That none ought to part with their Liberty themselves, or deprive others of it but upon mature consideration_; a prudent exception, in which he grants, that upon some consideration a man may be deprived of his Liberty. And then presently in his next Position or a.s.sertion he denies it, _viz.: It is most 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 purpose, to prove that all men have equal right to Liberty, and all outward comforts of this life; which Position seems to invert the Order that G.o.d hath set in the World, who hath Ordained different degrees and orders of men, some to be High and Honourable, some to be Low and Despicable; some to be Monarchs, Kings, Princes and Governours, Masters and Commanders, others to be Subjects, and to be Commanded; Servants of sundry sorts and degrees, bound to obey; yea, some to be born Slaves, and so to remain during their lives, as hath been proved. Otherwise there would be a meer parity among men, contrary to that of the Apostle, I. _Cor. 12 from the 13 to the 26 verse_, where he sets forth (by way of comparison) the different sorts and offices of the Members of the Body, indigitating that they are all of use, but not equal, and of Like dignity. So G.o.d hath set different Orders and Degrees of Men in the World, both in Church and Common weal. Now, if this Position of parity should be true, it would then follow that the ordinary Course of Divine Providence of G.o.d in the World should be wrong, and unjust, (which we must not dare to think, much less to affirm) and all the sacred Rules, Precepts and Commands of the Almighty which he hath given the Sons of Men to observe and keep in their respective Places, Orders and Degrees, would be to no purpose; which unaccountably derogate from the Divine Wisdom of the most High, who hath made nothing in vain, but hath Holy Ends in all his Dispensations to the Children of men.

"In the next place, this worthy Gentleman makes a large Discourse concerning the Utility and Conveniency to keep the one, and inconveniency of the other; respecting white and black Servants, which conduceth most to the welfare and benefit of this Province: which he concludes to be white men, who are in many respects to be preferred before Blacks; who doubts that? doth it therefore follow, that it is altogether unlawful for Christians to buy and keep Negro Servants (for this is the thesis) but that those that have them ought in Conscience to set them free, and so lose all the money they cost (for we must not live in any known sin) this seems to be his opinion; but it is a Question whether it ever was the Gentleman's practice? But if he could perswade the General a.s.sembly to make an Act, That all that have Negroes, and do set them free, shall be Reimbursed out of the Publick Treasury, and that there shall be no more Negroes brought into the country; 'tis probable there would be more of his opinion; yet he would find it a hard task to bring the Country to consent thereto; for then the Negroes must be all sent out of the Country, or else the remedy would be worse than the disease; and it is to be feared that those Negroes that are free, if there be not some strict course taken with them by Authority, they will be a plague to this Country.

"_Again_, If it should be unlawful to deprive them that are lawful Captives, or Bondmen of their Liberty for Life being Heathens; it seems to be more unlawful to deprive our Brethren, of our own or other Christian Nations of the Liberty, (though but for a time) by binding them to Serve some Seven, Ten, Fifteen, and some Twenty Years, which oft times proves for their whole Life, as many have been; which in effect is the same in Nature, though different in the time, yet this was allow'd among the _Jews_ by the Law of G.o.d; and is the constant practice of our own and other Christian Nations in the World: the which our Author by his Dogmatical a.s.sertions doth condem as Irreligious; which is Diametrically contrary to the Rules and Precepts which G.o.d hath given the diversity of men to observe in their respective Stations, Callings, and Conditions of Life, as hath been observed.

"And to ill.u.s.trate his a.s.sertion our Author brings in by way of Comparison the Law of G.o.d against man Stealing, on pain of Death: Intimating thereby, that Buying and Selling of Negro's is a breach of that Law, and so deserves Death: A severe Sentence: But herein he begs the Question with a _Caveat Emptor_. For, in that very Chapter there is a Dispensation to the People of _Israel_, to have Bond men, Women and Children, even of their own Nation in some case; and Rules given therein to be observed concerning them; Verse the 4_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 shall have shall be of the Heathen, that are round about you: of them shall you Buy Bond men and Bond maids, &c_. See also, I _Cor. 12, 13_. Whether we be Bond or Free, which shows that in the times of the New Testament, there were Bond men also, &c.

"_In fine_, The sum of this long Haurange, is no other, than to compare the Buying and Selling of Negro's unto the Stealing of Men, and the Selling of _Joseph_ by his Brethren, which bears no proportion therewith, nor is there any congruiety therein, as appears by the foregoing Texts.

"Our Author doth further proceed to answer some Objections of his own framing, which he supposes some might raise.

"Object. 1. _That these Blackamores are of the Posterity of_ Cham, _and therefore under the Curse of Slavery. Gen. 9. 25, 26, 27._ The which the Gentleman seems to deny, saying, _they ware the Seed of Canaan that were Cursed, &c._

"_Answ._ Whether they were so or not, we shall not dispute: this may suffice, that not only the seed 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 Gospel is preached._ To which he Replies, _that we must not doe Evil that Good may come of it_.

"_Ans._ To which we answer, That it is no Evil thing to bring them out of their own Heathenish Country, where they may have the knowledge of the True G.o.d, be Converted and Eternally saved.

"Obj. 3. _The_ Affricans _have Wars one with another_; our s.h.i.+ps bring lawful Captives taken in those Wars.

"To which our Author answers Conjecturally, and Doubtfully, _for aught we know_, that which may or may not be; which is insignificant, and proves nothing. He also compares the Negroes Wars, one Nation with another, with the Wars between _Joseph_ and his Brethren. But where doth he read of any such War? We read indeed of a Domestick Quarrel they had with him, they envyed and hated _Joseph_; but by what is Recorded, he was meerly pa.s.sive and meek as a Lamb. This Gentleman farther adds, _That there is not any War but is unjust on one side, &c._ Be it so, what doth that signify: We read of lawful Captives taken in the Wars, and lawful to be Bought and Sold without contracting the guilt of the _Agressors_; for which we have the example of _Abraham_ before quoted; but if we must stay while both parties Warring are in the right, there would be no lawful Captives at all to be Bought; which seems to be rediculous to imagine, and contrary to the tenour of Scripture, and all Humane Histories on that subject.

"Obj. 4. _Abraham had Servants bought with his Money, and born in his House. Gen. 14. 14._ To which our worthy Author answers, _until the Circ.u.mstances of Abraham's purchase be recorded, no Argument can be drawn from it_.

"_Ans._ To which we Reply, this is also 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 case; for if we are in Charity bound to believe _Abrahams_ practice, in buying and keeping _Slaves_ in his house 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. 16._

"In the close all, Our Author Quotes two more places of Scripture, _viz., Levit. 25. 46_, and _Jer. 34._ from the 8.

to the 22. _v_. To prove that the people of Israel were strictly forbidden the Buying and Selling one another for _Slaves_: who questions that? and what is that to the case in hand? What a strange piece of Logick is this? 'Tis unlawful for Christians to Buy and Sell one another for slaves. _Ergo_, It is unlawful to Buy and Sell Negroes that are lawful Captiv'd 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 a.s.sertion, _That these Ethiopians as Black as they are, seeing they are the Sons and Daughters of the first_ Adam; _the Brethren and Sisters of the Second_ Adam, _and the Offspring of G.o.d; we ought to treat them with a respect 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 G.o.d: But it doth not therefore follow that we are bound to love and respect all men alike; this under favour we must take leave to deny, we ought in charity, if we see our Neighbour in want, to relieve them in a regular way, but we are not bound to give them so much of our Estates, as to make them equal with ourselves, because they are our Brethren, the Sons of _Adam_, no, not our own natural Kinsmen: We are Exhorted _to do good unto all, but especially to them who are of the Household of Faith, Gal.

6. 10_. And we are to love, honour and respect all men according to the gift of G.o.d 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 Peasant. And this worthy Gentleman would deem himself much neglected, if we should show him no more Defference than to an ordinary Porter: And therefore these florid expressions, the Sons and Daughters of the First _Adam_, the Brethren and Sisters of the Second _Adam_, and the Offspring of G.o.d, seem to be misapplied to import and insinuate, that we ought to tender Pagan Negroes with all love, kindness, and equal respect as to the best of men.

"By all which it doth evidently appear both by Scripture and Reason, the practice of the People of G.o.d in all Ages, both before and after the giving of the Law, and in the times of the Gospel, that there were Bond men, Women and Children commonly kept by holy and good men, and improved in Service; and therefore by the Command of G.o.d, _Lev. 25, 44_, and their venerable Example, we may keep Bond men, and use them in our Service still; yet with all candour, moderation and Christian prudence, according to their state and condition consonant to the Word of G.o.d."

Judge Sewall had dealt slavery a severe blow, and opened up an agitation on the subject that was felt during the entire Revolutionary struggle. He became the great apostle of liberty, the father of the anti-slavery movement in the colony. He was the bold and stern John the Baptist of that period, "the voice of one crying in the wilderness" of bondage, to prepare the way for freedom.

The Quakers, or Friends as they were called, were perhaps the earliest friends of the slaves, but, like Joseph of Arimathaea, were "secretly"

so, for fear of the "Puritans." But they early recorded their disapprobation of slavery as follows:--

_26th day of y'e 9th mo. 1716._

"An epistle from the last Quarterly Meeting was read in this, and y'e matter referred to this meeting, viz., whether it is agreeable to truth for friends to purchase slaves and keep them term of liffe, was considered, and y'e sense and judgment of this meeting is, that it is not agreeable to truth for friends to purchase slaves and hold them term of liffe.

"Nathaniel Starbuck, jun'r is to draw out this meeting's judgment concerning friends not buying slaves and keeping them term of liffe, and send it to the next Quarterly Meeting, and to sign it in y'e meeting's behalf."[377]

Considering the prejudice and persecution that pursued this good people, their testimony against slavery is very remarkable. In 1729-30 Elihu Coleman of Nantucket, a minister of the society of Friends, wrote a book against slavery, published in 1733, ent.i.tled, "_A Testimony against that Anti-Christian Practice of_ MAKING SLAVES OF MEN.[378] It was well written, and the truth fearlessly told for the conservative, self-seeking period he lived in. He says,--

"I am not unthoughtful of the ferment or stir that such discourse as this may make among some, who (like Demetrius of old) may say, by this craft we have our wealth, which caused the people to cry out with one voice, great is Diana of the Ephesians, whom all Asia and the world wors.h.i.+p."

He examined and refuted the arguments put forth in defence of slavery, charged slaveholders with idleness, and contended that slavery was the mother of vice, at war with the laws of nature and of G.o.d. Others caught the spirit of reform, and the agitation movement gained recruits and strength every year. Felt says, "1765. Pamphlets and newspapers discuss the subjects of slavery with increasing zeal." The colonists were aroused. Men were taking one side or the other of a question of great magnitude. In 1767 an anonymous tract of twenty octavo pages against slavery made its appearance in Boston. It was written by Nathaniel Appleton, a co-worker with Otis, and an advanced thinker on the subject of emanc.i.p.ation. It was in the form of a letter addressed to a friend, and was ent.i.tled, "Considerations on Slavery."

The Rev. Samuel Webster Salisbury published on the 2d of March, 1769, "An Earnest Address to my Country on Slavery." He opened his article with an argument showing the inconsistency of a Christian people holding slaves, pictured the evil results of slavery, and then asked,--

"What then is to be done? Done! for G.o.d's sake break every yoke and let these oppressed ones _go free without delay_--let them taste the sweets of that _liberty_, which we so highly prize, and are so earnestly supplicating G.o.d and man to grant us: nay, which we claim as the natural right of every man. Let me beseech my countrymen to put on bowels of compa.s.sion for these their _brethren_ (for so I must call them,) yea, let me beseech you for your own sake and for G.o.d's sake, _to break every yoke_ and let the oppressed go free."[379]

Begun among the members of the bar and the pulpit, the common folk at length felt a lively interest in the subject of emanc.i.p.ation. An occasional burst of homely, vigorous eloquence from the pulpit on the duties of the hour inflamed the conscience of the pew with a n.o.ble zeal for a righteous cause. The afflatus of liberty sat upon the people as cloven tongues. Every village, town, and city had its orators whose only theme was emanc.i.p.ation. "The pulpit and the press were not silent, and sermons and essays in behalf of the enslaved Africans were continually making their appearance." The public conscience was being rapidly educated, and from the hills of Berks.h.i.+re to the waters of Ma.s.sachusetts Bay the fires of liberty were burning.

FOOTNOTES:

[260] George H. Moore, LL.D., for many years librarian of the New-York Historical Society, but at present the efficient superintendent of the Lenox Library, in his "Notes on the History of Slavery in Ma.s.sachusetts," has summoned nearly all the orators and historians of Ma.s.sachusetts to the bar of history. He leaves them open to one of three charges, viz., evading the truth, ignorance of it, or falsifying the record. And in addition to this work, which is authority, his "Additional Notes" glow with an energy and perspicuity of style which lead me to conclude that Dr. Moore works admirably under the spur, and that his refined sarcasm, unanswerable logic, and critical accuracy give him undisputed place amongst the ablest writers of our times.

[261] Wood's New-England Prospect, 1634, p. 77.

[262] Slavery in Ma.s.s., p. 7.

[263] Ibid., pp. 4, 5, and 6.

[264] Elliott's New-England Hist., pp. 167-205.

[265] Winthrop's Journal, Feb. 26, 1638, vol. i. p. 254; see, also, Felt, vol. ii. p. 230.

[266] Dr. Moore backs his statement as to the time The Desire was built by quoting from Winthrop, vol. i. p. 193. But there is a mistake somewhere as to the correct date. Winthrop says she was built in 1636; but I find in Mr. Drake's "Founders of New England," pp. 31, 32, this entry: "More (June) XXth, 1635. In the Desire de Lond. Pearce, and bond for New Eng. p'r cert, fro ij Justices of Peace and ministers of All Saints lionian in Northampton." If she sailed in 1635, she must have been built earlier.

[267] Dr. George H. Moore says Josselyn's Voyages were printed in 1664. This is an error. They were not published until ten years later, in 1674. In 1833 the Ma.s.sachusetts Historical Society printed the work in the third volume and third series of their collection.

[268] Josselyn, p. 28.

[269] Ibid., p. 250.