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
then, after twenty-seven years more of reflection, slavery was
abolished in English possessions. _So, sixty-two years after Lord
Mansfield's decision, England emancipated her slaves!_ It took only
two generations for the people to get rid of slavery under the British
flag. How true, then, that "facts are stranger than fiction"!
In 1770 John Swain of Nantucket brought suit against Elisha Folger,
captain of the vessel "Friendship," for allowing a Mr. Roth to receive
on board his ship a Negro boy named "Boston," and for the recovery of
the slave. This was a jury-trial in the Court of Common Pleas. The
jury brought in a verdict in favor of the slave, and he was
"manumitted by the magistrates." John Swain took an appeal from the
decision of the Nantucket Court to the Supreme Court of Boston, but
never prosecuted it.[398] In 1770, in Hanover, Plymouth County, a
Negro asked his master to grant him his freedom as _his right_. The
master refused; and the Negro, with assistance of counsel, succeeded
in obtaining his liberty.[399]
"In October of 1773, an action was brought against Richard
Greenleaf, of Newburyport, by Caesar [Hendrick,] a colored
man, whom he claimed as his slave, for holding him in
bondage. He laid the damages at fifty pounds. The counsel
for the plaintiff, in whose favor the jury brought in their
verdict and awarded him eighteen pounds damages and costs,
was John Lowell, esquire, afterward judge Lowell. This case
excited much interest, as it was the first, if not the only
one of the kind, that ever occurred in the county."[400]
This case is mentioned in full by Mr. Dane in his "Abridgment and
Digest of American Law," vol. ii. p. 426.
In the Inferior Court of Common Pleas, in the county of Essex, July
term in 1774, a Negro slave of one Caleb Dodge of Beverly brought an
action against his master for restraining his liberty. The jury gave a
verdict in favor of the Negro, on the ground that there was "no law of
the Province to hold a man to serve for life."[401] This is the only
decision we have been able to find based upon such a reason. The jury
may have reached this conclusion from a knowledge of the provisions of
the charter of the colony; or they may have found a verdict in
accordance with the charge of the court. The following significant
language in the charter of the colony could not have escaped the
court:--
"That all and every of the subjects of us, our heirs and
successors, which go to and inhabit within our said province
and territory, and every of their children which shall
happen to be born there, or on the seas in going thither, or
returning from thence, shall have and enjoy all liberties
and immunities of free and natural subjects within the
dominions of us, our heirs and successors, to all intents,
constructions, and purposes whatsoever, as if they and every
of them were born within our realm of England."
Public-domain text, read in full here on John Shaqi.
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