History of the Negro Race in America from 1619 to 1880. Vol 1: Negroes as Slaves, as Soldiers, and as CitizensWilliams, George Washington
History
History of the Negro Race in America from 1619 to 1880. Vol 1: Negroes as Slaves, as Soldiers, and as Citizens
Williams, George Washington
African Americans -- History; Liberia; Sierra Leone
"It is ordered by this court, and the authority thereof;
that there shall never be any bond slavery, villainage or
captivity amongst us, unless it be lawful captives taken in
just wars, as willingly sell themselves or are sold to us,
and such shall have the liberties and christian usage which
the law of God established in Israel concerning such persons
doth morally require; provided this exempts none from
servitude, who shall be judged thereto by authority."[278]
We have omitted the old spelling, but none of the words, as they
appeared in the original manuscript. There isn't the shadow of a doubt
but what this law has been preserved inviolate.[279]
There has been considerable discussion about the real bearing of this
statute. Many zealous historians, in discussing it, have betrayed more
zeal for the good name of the Commonwealth than for the truth of
history. Able lawyers--and some of them still survive--have
maintained, with a greater show of learning than of facts, that this
statute abolished slavery in Massachusetts. But, on the other hand,
there are countless lawyers who pronounce it a plain and unmistakable
law, "creating and establishing slavery." An examination of the
statute will help the reader to a clear understanding of it. To begin
with, this law received its being from the existent _fact_ of slavery
in the colony. From the practice of a few holding Negroes as slaves,
it became general and prodigious. Its presence in society called for
lawful regulations concerning it. While it is solemnly declared "that
there shall never be any bond slavery, villianage, or captivity" in
the colony, there were three provisos; viz., "lawful captives taken in
just wares," those who would "sell themselves or are sold to us," and
such as "shall be judged thereto by authority." Under the foregoing
conditions slavery was plainly established in Massachusetts. The "just
wares" were the wars against the Pequod Indians. That these were made
prisoners and slaves, we have the universal testimony of all writers
on the history of Massachusetts. Just what class of people would "sell
themselves" into slavery we are at a loss to know! We can, however,
understand the meaning of the words, "or are sold to us." This was an
open door for the traffic in human beings; for it made it lawful for
to sell slaves to the colonists, and lawful for the latter to
purchase them. Those who were "judged thereto by authority" were those
in slavery already and such as should come into the colony by
shipping.
This statute is wide enough to drive a load of hay through. It is not
the work of a novice, but the labored and skilful product of great law
learning.
"The law must be interpreted in the light of contemporaneous
facts of history. At the time it was made (1641), what had
its authors to provide for?
"1. Indian slaves--their captives taken in war.
Public-domain text, read in full here on John Shaqi.
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