The negro: the southerner's problemPage, Thomas Nelson
History
The negro: the southerner's problem
Page, Thomas Nelson
African Americans; United States -- Race relations
“And,” says Mr. Moore further, “recent writers of history in
Massachusetts have assumed a similar lofty and positive tone on
this subject. Mr. Palfrey says: ‘In fact, no person was ever born
into legal slavery in Massachusetts.’[68] Mr. Justice Gray, in an
elaborate historical note to the case of Oliver _vs._ Sale, Quincy’s
R. 29, says: ‘Previously to the adoption of the State Constitution
in 1780, Negro slavery existed to some extent and Negroes held in
slavery might be sold; but all children of slaves were by law free.’”
Is it any ground for wonder that with these apparently authoritative
statements ever iterated and reiterated before them, the people of
Massachusetts should really have believed that no child had ever
been born into slavery on the sacred soil of Massachusetts, and that
slavery itself only existed to “some extent”?
Mr. Moore, with authorities in hand, shows that these declarations
are unfounded, and states the uncomfortable but real facts. He quotes
the ninety-first article of “The Body of Liberties,” which appears
in the first edition under the head of “Liberties of Forreiners &
Strangers,” and in the second edition, that of 1660, under the title
of “Bond-Slavery.”
“91. There shall never be any bond-slaverie, villinage or captivity
amongst us unles it be lawfull captives taken in just warres, and
such strangers as willingly sell themselves or are SOLD TO US. And
these shall have all the liberties and Christian usages which the law
of God established in Israel concerning such persons doeth morally
require. This exempts none from servitude who shall be judged
thereto by authoritie.”[69]
After showing the evolution of this law, Mr. Moore, on page 18, says:
“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 other colonies in similar legislation.
It anticipates by many years anything 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.”[70]
Chief-Justice Parsons, in the leading Massachusetts case of
Winchendon _vs._ Hatfield in error, referring to the dictum of C.
J. Dana in a previous case, that a Negro born in that colony prior
to the Constitution of 1780 was free, though born of slave parents,
admits candidly: “It is very certain that the general practice and
common usage had been opposed to this opinion.”
These and other authorities cited by Mr. Moore would seem to place
the matter absolutely beyond all question.
IV
Now as to the abolition of slavery.
Public-domain text, read in full here on John Shaqi.
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