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
I have just observed that in your last you desire me to say
something towards discouraging you from removing to
Providence; and you say, any thing will do. At present, I
only say, you will do well enough where you are. I will
explain myself, and add something further, in some future
letter. I have not time to enlarge now, for which I believe
you will not be inconsolably grieved. So, to put you out of
pain, your hearty friend,
JONATHAN SEWALL."[370]
Mr. Adams replied as follows:--
"Now. _En mesure le manner_. The testator intended plainly
that his negro should have his liberty and a legacy;
therefore the law will presume that he intended his executor
should do all that without which he could have neither. That
this indemnification was not in the testator's mind, cannot
be proved from the will any more than it could be proved, in
the first case above, that the testator did not know a fee
simple would pass a will without the word heirs; nor than,
in the second case, that the devise of a trust, that might
continue forever, would convey a fee-simple without the like
words. I take it, therefore, that the executor of this will
is, by implication, obliged to give bonds to the town
treasurer, and, in his refusal, is a wrongdoer; and I cannot
think he ought to be allowed to take advantage of his own
wrong, so much as to allege this want of an indemnification
to evade an action of the case brought for the legacy by the
negro himself.
But why may not the negro bring a special action of the case
against the executor, setting forth the will, the devise of
freedom and a legacy, and then the necessity of
indemnification by the province law, and then a refusal to
indemnify, and, of consequence, to set free and to pay the
legacy?
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.
Public-domain text, read in full here on John Shaqi.
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