USA > Massachusetts > Notes on the history of slavery in Massachusetts > Part 18
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An Alt for reftraining 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 reftraining 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 fmite 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 fhall let him or her go free from his fervice, and fhall allow fuch further recompence as the court of quarter feffions fhall adjudge him.
§ 2. AND IT Is further ENACTED, and ORDAINED by the AUTHORITY aforefaid, That if any perfon or perfons whatever within this province fhall wilfully kill his indian or negro fervant or fervants, he fhall be punifhed with death.
It is true, that Chriftian fervants were protected in Maffachufetts. by the earlieft law refpecting the " liberties of fervants " from which the provifions of the firft fection of the foregoing law were copied ; but the relations of the Indian and Negro flaves and their mafters were ftill
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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 negro "-is hiftorical in Maffachufetts. Sewall's Diary, October 20th, 1701, quoted in Quincy'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 difmiffed, and a Committee was appointed to bring in a bill at the next feffion for preventing Fraud in the fale of Negroes. On the Ift of November, in the fame year, " a Bill intitu- led An Act 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, Domestic Relations, 1643-1774, Vol. 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 fubject until the 4th of June, 1767, 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 Act for laying a duty of Impoft 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 fubject of either or both, we cannot afcertain, having found no trace of further action upon them.
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C. JUDGE SAFFIN'S REPLY TO JUDGE SEWALL, 1701.
WHILE thefe fheets 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 Fofeph, A Memorial, feems from thence to draw this conclufion, that becaufe the Sons of Jacob did very ill in felling their Brother Fofeph to the Ihmaelites, 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. & Exod. 21. 16. & Levit. 25. 44. 45, 46 v. After the giving of the Law : And in Joh. 9. 23. That famous Example of the Gibeonites is a fufficient proof where there no other.
"To fpeak a little to the Gentlemans firft Affertion : That none ought to part with their Liberty themfelves, or deprive others of it but upon mature confederation ; 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 Affertion 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
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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, fome 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. 12 from the 13 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 fhould be true, it would then follow that the ordinary Courfe of Divine Providence of God in the World fhould 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 refpective 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; refpecting 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 refpects to be preferred before Blacks; who doubts that ? doth it therefore follow, that it is altogether unlawful for Chriftians 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 Affembly to make an Act, That all that have Negroes, and do fet them free, fhall be Re imburfed out of the Publick Treafury, and that there fhall 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
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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 ftrict courfe taken with them by Authority, they will be a plague to this Country.
" Again, If it fhould 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 effect 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 Affertions 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 Affertion 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 4th. 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 Shalt have Shall be of the Heathen, that are round about you : of them Jhall you Buy Bond men and Bond maids, &c. See also, I Cor. 12. 13. Whether we be Bond or Free, which fhows 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 Fofeph by his Brethren, which bears no proportion therewith, nor is there any congruiety therein, as appears by the foregoing Texts.
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" Our Author doth further proceed to anfwer fome Objections of his own framing, which he fuppofes fome might raife.
" Object. I. That thefe Blackamores are of the Posterity of Cham, and therefore under the Curse of Slavery. Gen. 9. 25, 26, 27. The which the Gentleman feems to deny, faying, they ware the Seed of Canaan that were Curfed, &c.
" Anfw. Whether they were fo or not, we fhall 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 Gospel is Preached. To which he Replies, that we must 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 Conjecturally, 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 Fofeph 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 Fofeph ; 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 unjuft 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 Agreffors ; 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 fubject.
" 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 Circumstances of Abraham's purchase be recorded, no Argument can be drawn from it.
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" Anf. 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. 16.
" In the clofe of all, Our Author Quotes two more places of Scrip- ture, viz. ; Levit. 25. 46, and Fer. 34, from the 8. to the 22. v. To prove that the people of Ifrael were ftrictly 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 Chriftians to Buy and Sell one another for flaves. 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 Affertion, 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 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 God : But it doth not therefore follow that we are bound to love and refpect all men alike ; this under favour we muft 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 especially to them who are of the Houfhold of Faith, Gal. 6. 10. And we are to love, honour and refpect 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
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worthy Gentleman would deem himfelf much neglected, if we fhould fhow him no more Defference than to an ordinary Porter : And there- fore thefe florid expreffions, 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 infinuate, 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, foon efpies Mischief and Murder in their very eyes. Libidinous, Deceitful, Falfe and Rude, The Jpume Ifue of Ingratitude. The Premifes confider'd, all may tell, How near good Jofeph they are parallel."
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.
" 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.
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GULIAN C. VERPLANCK.
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* 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.
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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.
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" 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, well worthy the 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. Y. Tribunc.
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.
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" Crammed with the valuable results of original investigations. Many 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.
3
[PROSPECTUS.]
THE STATUTES AT LARGE OF NEW-YORK 1664-1691.
" The laws 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 12th, 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 ; 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 publish.
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.
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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 1666; the "Duke's Laws," as approved and established in 1667-'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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