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
"2. Negro slaves--their own importations of 'strangers,'
obtained by purchase or exchange.
"3. Criminals--condemned to slavery as a punishment for
offences.
"In this light, and only in this light, is their legislation
intelligible and consistent. It is very true that the code
of which this law is a part 'exhibits throughout the hand of
the practised lawyer, familiar with the principles and
securities of English Liberty;' but who had ever heard, at
that time, of the 'common-law rights' of Indians and
Negroes, or anybody else but Englishmen?
"Thus stood the statute through the whole colonial period,
and it was never expressly repealed. Based on the Mosaic
code, it is an absolute recognition of slavery as a
legitimate status, and of the right of one man to sell
himself as well as that of another man to buy him. It
sanctions the slave-trade, and the perpetual bondage of
Indians and Negroes, their children and their children's
children, and entitles Massachusetts to precedence over any
and all the other colonies in similar legislation. It
anticipates by many years any thing of the sort to be found
in the statutes of Virginia, or Maryland, or South Carolina,
and nothing like it is to be found in the contemporary codes
of her sister colonies in New England."[280]
The subject had been carefully weighed; and, lacking authority for
legalizing a crime against man, the Mosaic code was cited, and in
accordance with its _humane_ provisions, slaves were to be treated.
But it was _authority_ for slavery that the cunning lawyer who drew
the statute was seeking, and not precedents to determine the kind of
treatment to be bestowed upon the slave. Under it "human slavery
existed for nearly a century and a half without serious
challenge;"[281] and here, as well as in Virginia, it received the
sanction of the Church and courts. It grew with its growth, and
strengthened with its strength; until, as an organic institution, it
had many defenders and few apologists.[282]
"This article gives express sanction to the slave-trade, and
the practice of holding Negroes and Indians in perpetual
bondage, anticipating by many years any thing of the sort
to be found in the statutes of Virginia or Maryland."[283]
And it is rather strange, in the light of this plain statute
establishing and legalizing the purchase of slaves, that Mr.
Washburn's statement, unsustained, should receive the public
indorsement of so learned a body as the Massachusetts Historical
Society!
Public-domain text, read in full here on John Shaqi.
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