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
The Rev. Dr. Belknap, speaking of these cases which John Adams speaks
of as "suing for liberty," gives an idea of the line of argument used
by the Negroes:--
"On the part of the blacks it was pleaded, that the royal
charter expressly declared all persons born or residing in
the province, to be as free as the King's subjects in Great
Britain; that by the laws of England, no man could be
deprived of his liberty but by the judgment of his peers;
that the laws of the province respecting an evil existing,
and attempting to mitigate or regulate it, did not authorize
it; and, on some occasions, the plea was, that though the
slavery of the parents be admitted, yet no disability of
that kind could descend to children."[402]
The argument pursued by the masters was,--
"The pleas on the part of the masters were, that the negroes
were purchased in open market, and bills of sale were
produced in evidence; that the laws of the province
recognized slavery as existing in it, by declaring that no
person should manumit his slave without giving bond for his
maintenance."[403]
It is well that posterity should know the motives that inspired judges
and juries to grant these Negroes their prayer for liberty.
"In 1773, etc., some slaves did recover against their
masters; but these cases are no evidence that there could
not be slaves in the Province, for sometimes masters
permitted their slaves to recover, to get clear of
maintaining them as _paupers_ when old and infirm; the
effect, as then generally understood, of a judgment against
the master on this point of slavery; hence, a very feeble
defence was often made by the masters, especially when sued
by the old or infirm slaves, as the masters could not even
manumit their slaves, without indemnifying their towns
against their maintenance, as town paupers."
And Chief-Justice Parsons, in the case of Winchendon _vs._ Hatfield,
in error, says,--
"Several negroes, born in this country of imported slaves
demanded their freedom of their masters by suit at law, and
obtained it by a judgment of court. The defence of the
master was feebly made, for such was the temper of the
times, that a restless discontented slave was worth little;
and when his freedom was obtained in a course of legal
proceedings, the master was not holden for his future
support, if he became poor."
Public-domain text, read in full here on John Shaqi.
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