Perhaps the negro is free at common law by the devise. Now, the province law seems to have been made only to oblige the master to maintain his manumitted slave, and not to declare a manumission in the master's lifetime, or at his death, void. Should a master give his negro his freedom, under his hand and seal, without giving bond to the town, and should afterwards repent and endeavor to recall the negro into servitude, would not that instrument be a sufficient discharge against the master?" 371
It is pleaded in extenuation of this Act, that it was passed to put a stop to the very prevalent habit of emancipating old and decrepit Negroes after there was no more service in them. If this be true, it reveals a practice more cruel than slavery itself.
In 1702 the representatives of the town of Boston were "desired to promote the encouraging the bringing of White servants and to put a period to Negroes being slaves." 372This was not an anti-slavery measure, as some have wrongly supposed. 373It was not a resolution or an Act: it was simply a request; and one that the "Representatives" did not grant for nearly a century afterwards.
"In 1718, a committee of both Houses prepared a bill entitled 'An Act for the Encouraging the Importation of White Male Servants, and the preventing the Clandestine bringing in of Negroes and Molattoes.'"
It was read in Council a first time on the 16th of June, and "sent down recommended" to the House; where it was also read a first time on the same day. The next day it was read a second time, and, "on the question for a third reading, decided in the negative." 374In 1706 an argument or "Computation that the Importation of Negroes is not so profitable as that of White Servants," was published in Boston. 375It throws a flood of light upon the Act mentioned above, and shows that the motives that inspired the people who wanted a period put to the holding of Negroes as slaves were grossly material and selfish. It was the first published article on the subject, and is worthy of reproduction in full. It is reprinted from "The Boston News-Letter," No. 112, June 10, 1706, in the New-York Historical Society.
"By last Year's Bill of Mortality for the Town of Boston , in Number 100 News-Letter , we are furnished with a List of 44 Negroes dead last year, which being computed one with another at 30 l. per Head, amounts to the Sum of One Thousand three hundred and Twenty Pounds, of which we would make this Remark: That the Importing of Negroes into this or the Neighboring Provinces is not so 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 addicted to Stealing, Lying and Purloining.
"They do not People our Country as Whites would do whereby we should be strengthened against an Enemy.
"By Encouraging the Importing of White Men Servants, allowing somewhat to the Importer, most Husbandmen in the Country might be furnished with Servants for 8, 9, or 10 l. a Head, who are not able to launch out 40 or 50 l. for a Negro the now common Price.
"A Man then might buy a White Man Servant we suppose for 10 l. to serve 4 years, and Boys for the same price to Serve 6, 8, or 10 years; If a White Servant die, the Loss exceeds not 10 l. but if a Negro dies, 'tis a very great loss to the Husbandman; Three years Interest of the price of the Negro, will near upon if not altogether purchase a White Man Servant.
"If necessity call for it, that the Husbandman must fit out a Man against the Enemy; if he has a Negro he cannot send him, but if he has a White Servant, 'twill answer the end, and perhaps save his son at home.
"Were Merchants and Masters Encouraged as already said to bring in Men Servants, there needed not be such Complaint against Superiors Impressing our Children to the War, there would then be Men enough to be had without Impressing.
"The bringing in of such Servants would much enrich this Province, because Husbandmen would not only be able far better to manure what Lands are already under Improvement, but would also improve a great deal more that now lyes waste under Woods, and enable this Province to set about raising of Naval Stores, which would be greatly advantageous to the Crown of England, and this Province.
"For the raising of Hemp here, so as to make Sail-cloth and Cordage to furnish but our own shipping, would hinder the Importing it, and save a considerable sum in a year to make Returns for which we now do, and in time might be capacitated to furnish England not only with Sail-cloth and Cordage, but likewise with Pitch, Tar, Hemp, and other Stores which they are now obliged to purchase in Foreign Nations.
"Suppose the Government here should allow Forty Shillings per head for five years, to such as should Import every of these years 100 White Men Servants, and each to serve 4 years, the cost would be but 200 l. a year, and a 1000 l. for the 5 years. The first 100 Servants, being free the 4th year they serve the 5th for Wages, and the 6th there is 100 that goes out into the Woods, and settles a 100 Families to Strengthen and Baracado us from the Indians, and also a 100 Families more every year successively.
"And here you see that in one year the Town of Boston has lost 1320 l. by 44 Negroes, which is also a loss to the Country in general, and for a less loss (if it may improperly be so called) for a 1000 l. the Country may have 500 Men in 5 years time for the 44 Negroes dead in one year.
"A certain person within these 6 years had two Negroes dead computed both at 60 l. which would have procured him six white Servants at 10 l. per head to have Served 24 years, at 4 years apiece, without running such a great risque, and the Whites would have strengthened the Country, that Negroes do not.
"'Twould do well that none of those Servants be liable to be Impressed during their Service of Agreement at their first Landing.
"That such Servants being Sold or Transported out of this Province during the time of their Service, the Person that buys them be liable to pay 3 l. into the Treasury."
Comment would be superfluous. It is only necessary for the reader to note that there is not a humane sentiment in the entire article.
But universal liberty was not without her votaries. All had not bowed the knee to Baal. The earliest friend of the Indian and the Negro was the scholarly, pious, and benevolent Samuel Sewall, at one time one of the judges of the Superior Court of Massachusetts, and afterwards the chief justice. He hated slavery with a righteous hatred, and early raised his voice and used his pen against it. He contributed the first article against slavery printed in the colony. It appeared as a tract, on the 24th of June, 1700, and was "Printed by Bartholomew Green and John Allen." It is withal the most remarkable document of its kind we ever saw. It is reproduced here to show the reader what a learned Christian judge thought of slavery one hundred and eighty-two years ago.
"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 themselves, or deprive others of it, but upon most mature consideration.
"The Numerousness of Slaves at this Day in the Province, and the Uneasiness of them under their Slavery, hath put many upon thinking whether the Foundation of it be firmly and well laid; so as to sustain the Vast Weight that is built upon it. It is most 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, Psal., 115, 16. 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 should seek the Lord. Forasmuch then as we are the Offspring of GOD, &c. Acts, 17, 26, 27, 29 . Now, although the Title given by the last ADAM doth infinitely better Men's Estates, respecting GOD and themselves; and grants them a most beneficial and inviolable Lease under the Broad Seal of Heaven, who were before only Tenants at Will; yet through the Indulgence of GOD to our First Parents after the Fall, the outward Estate of all and every of their Children, remains the same as to one another. So that Originally, and Naturally, there is no such thing as Slavery. Joseph 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 sell him; the Ishmaelites bargaining with them, and paying down Twenty pieces of Silver, could not make a Title. Neither could Potiphar have any better Interest in him than the Ishmaelites had. Gen. 37, 20, 27, 28 . For he that shall in this case plead Alteration of Property , seems 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 itself is the Claimer. If Arabian Gold be imported in any quantities, most are afraid to meddle with it, though they might have it at easy rates; lest it should have been wrongfully taken from the Owners, it should kindle a fire to the Consumption of their whole Estate. 'Tis pity there should be more Caution used in buying a Horse, or a little lifeless dust, than there is in purchasing Men and Women: Whereas they are the Offspring of GOD, and their Liberty is,
Читать дальше