Slavery grew. There was no legal obstacle in its way. It had the sanction of the law, as we have already shown, and what was better still, the sympathy of public sentiment. The traffic in slaves appears to have been more an object in Boston than at any period before or since. For a time dealers had no hesitation in advertising them for sale in their own names. At length a very few who advertised would refer purchasers to "inquire of the printer, and know further."[312]

This was in 1727, fifteen years after the afore-mentioned Act became a law, and which many apologists would interpret as a specific and direct prohibition against slavery; but there is no reason for such a perversion of so plain an Act.

Slavery in Ma.s.sachusetts, as elsewhere, in self-defence had to claim as one of its necessary and fundamental principles, that the slave was either _naturally_ inferior to the other races, or that, by some fundamentally inherent law in the inst.i.tution itself, the master was justified in placing the lowest possible estimate upon his slave property. "Property" implied absolute control over the thing possessed. It carried in its broad meaning the awful fact, not alone of ownership, but of the supremacy of the will of the owner. Mr.

Addison says,--

"What color of excuse can there be for the contempt with which we treat this part of our species, that we should not put them upon the common foot of humanity, that we should only _set an insignificant fine upon the man who murders them_; nay, that we should, as much as in us lies, cut them off from the prospect of happiness in another world, as well as in this, and deny them that which we look upon as the proper means for obtaining it?"[313]

None whatever! And yet the Puritans put the Negro slaves in their colony on a level with "horses and hogs." Let the intelligent American of to-day read the following remarkable note from Judge Sewall's diary, and then confess that facts are stranger than fiction.

"1716. I essayed June 22, to prevent Indians and Negroes being rated with Horses and Hogs; but could not prevail.

Col. Thaxter bro't it back, and gave as a reason of y'r Nonagreement, They were just going to make a new valuation."[314]

It had been sent to the deputies, and was by them rejected, and then returned to the judge by Col. Thaxter. The House was "just going to make a New Valuation" of the property in the colony, and hence did not care to exclude slaves from the list of chattels,[315] in which they had always been placed.

"In 1718, all Indian, Negro, and Mulatto servants for life were estimated as other Personal Estate--viz.: Each male servant _for life_ above fourteen years of age, at fifteen pounds value; each female servant for life, above fourteen years of age, at ten pounds value. The a.s.sessor might make abatement for cause of age or infirmity. Indian, Negro, and Mulatto Male servants _for a term of years_ were to be numbered and rated as other Polls, and not as Personal Estate. In 1726, the a.s.sessors were required to estimate Indian, Negro, and Mulatto servants proportionably as other Personal Estate, according to their sound judgment and discretion. In 1727, the rule of 1718 was restored, but during one year only, for in 1728 the law was the same as that of 1726; and so it probably remained, including all such servants, as well for term of years as for life, in the ratable estates. We have seen the supply-bills for 1736, 1738, 1739, and 1740, in which this feature is the same.

"And thus they continued to be rated with horses, oxen, cows, goats, sheep, and swine, until after the commencement of the War of the Revolution.[316]

On the 22d of April, 1728, the following notice appeared in a Boston newspaper:--

"Two very likely Negro girls. Enquire two doors from the Brick Meetinghouse in Middle-street. At which place is to be sold women's stays, children's good callamanco stiffened-boddy'd coats, and childrens' stays of all sorts, and women's hoop-coats; all at very reasonable rates."[317]

So the "likely Negro girls" were mixed up in the sale of "women's stays" and "hoop-coats"! It was bad enough to "rate Negroes with Horses and Hogs," but to sell them with second-hand clothing was an incident in which is to be seen the low depth to which slavery had carried the Negro by its cruel weight. A human being could be sold like a cast-off garment, and pa.s.s without a bill of sale.[318] The announcement that a "likely Negro woman about nineteen years and a child about six months of age _to be sold together or apart_"[319] did not shock the Christian sensibilities of the people of Ma.s.sachusetts.

A babe six months old could be torn from the withered and famishing bosom of the young mother, and sold with other articles of merchandise. How bitter and how cruel was such a separation, mothers[320] only can know; and how completely lost a community and government are that regard with complacency a hardship so diabolical, the Christians of America must be able to judge.

The Church has done many cruel things in the name of Christianity. In the dark ages it filled the minds of its disciples with fear, and their bodies with the pains of penance. It burned Michael Servetus, and it strangled the scientific opinions of Galileo. And in stalwart old Ma.s.sachusetts it thought it was doing G.o.d's service in denying the Negro slave the right of Christian baptism."

"The famous French _Code Noir_ of 1685 obliged every planter to have his Negroes baptized, and properly instructed in the doctrines and duties of Christianity. Nor was this the only important and humane provision of that celebrated statute, to which we may seek in vain for any parallel in British Colonial legislation."[321]

On the 25th of October, 1727, Matthias Plant[322] wrote, in answer to certain questions put to him by "the secretary of the Society for the Propagation of the Gospel," as follows:--

"6. Negro slaves, one of them is desirous of baptism, but _denied by her master_, a woman of wonderful sense, and prudent in matters, of equal knowledge in Religion with most of her s.e.x, far exceeding any of her own nation that ever yet I heard of."[323]

It was nothing to her master that she was "desirous of baptism," "of wonderful sense," "prudent in matters," and "of equal knowledge in religion with most of her s.e.x!" She was a Negro slave, and as such was denied the blessings of the Christian Church.

"The system of personal servitude was fast disappearing from Western Europe, where the idea had obtained that it was inconsistent with Christian duty for Christians to hold Christians as slaves. But this charity did not extend to heathen and infidels. The same system of morality which held the possessions of unbelievers as lawful spoils of war, delivered over their persons also to the condition of servitude. Hence, in America, the slavery of the Indians, and presently of Negroes, whom experience proved to be much more capable of enduring the hardships of that condition."[324]

And those who were so fortunate as to secure baptism were not freed thereby.[325] In Ma.s.sachusetts no Negro ever had the courage to seek his freedom through this door, and, therefore, there was no necessity for legislation there to define the question, but in the Southern colonies the law declared that baptism did not secure the liberty of the subject. As early as 1631 a law was pa.s.sed admitting no man to the rights of "freemen" who was not a member of some church within the limits of the jurisdiction of the colony.[326] The blessings of a "freeman" were reserved for church-members only. Negroes were not admitted to the church, and, therefore, were denied the rights of a freeman.[327] Even the mother country had no bowels of compa.s.sion for the Negro. In 1677 the English courts held that a Negro slave was _property_.

"That, being usually bought and sold among merchants as merchandise, and _also being infidels_, there might be a property in them sufficient to maintain trover."[328]

So as "infidels" the Negro slaves of Ma.s.sachusetts were deprived of rights and duties belonging to a member of the Church and State.

"Zealous for religion as the colonists were, very little effort was made to convert the Negroes, owing partly, at least, to a prevalent opinion that neither Christian brotherhood nor the law of England would justify the holding Christians as slaves. Nor could repeated colonial enactments to the contrary entirely root out this idea, for it was not supposed that a colonial statute could set aside the law of England."[329]

But the deeper reason the colonists had for excluding slaves from baptism, and hence citizenship, was twofold; viz., to keep in harmony with the Mosaic code in reference to "strangers" and "Gentiles," and to keep the door of the Church shut in the face of the slave; because to open it to him was to emanc.i.p.ate him in course of time. Religious and secular knowledge were not favorable to slavery. The colonists turned to the narrow, national spirit of the Old Testament, rather than to the broad and catholic spirit of the New Testament, for authority to withhold the mercies of the Christian religion from the Negro slaves in their midst.

The rigorous system of domestic slavery established in the colony of Ma.s.sachusetts bore its bitter fruit in due season. It was impossible to exclude the slaves from the privileges of the Church and State without inflicting a moral injury upon the holy marriage relation. In the contemplation of the law the slave was a chattel, an article of merchandise. The custom of separating parent and child, husband and wife, was very clear proof that the marriage relation was either positively ignored by the inst.i.tution of slavery, or grossly violated under the slightest pretext. All well-organized society or government rests upon this sacred relation. But slavery, with lecherous grasp and avaricious greed, trailed the immaculate robes of marriage in the moral filth of the traffic in human beings. True, there never was any prohibition against the marriage of one slave to another slave,--for they _tried_ to breed slaves in Ma.s.sachusetts!--but there never was any law encouraging the lawful union of slaves until after the Revolutionary War, in 1786. We rather infer from the following in the Act of October, 1705, that the marriage relation among slaves had been left entirely to the caprices of the master.

"And no master shall unreasonably deny marriage to his Negro with one of the same nation; any law, usage or custom to the contrary notwithstanding."[330]

We have not been able to discover "any law" positively prohibiting marriage among slaves; but there was a custom denying marriage to the Negro, that at length received the weight of positive law. Mr. Palfrey says,--

"From the reverence entertained by the fathers of New England for the nuptial tie, it is safe to infer that slave husbands and wives were never separated."[331]

We have searched faithfully to find the slightest justification for this inference of Mr. Palfrey, but have not found it. There is not a line in any newspaper of the colony, until 1710, that indicates the concern of the people in the lawful union of slaves. And there was no legislation upon the subject until 1786, when an "Act for the orderly Solemnization of Marriage" pa.s.sed. That Negro slaves were united in marriage, there is abundant evidence, but not many in this period. It was almost a useless ceremony when "the customs and usages" of slavery separated them at the convenience of the owner. The master's power over his slaves was almost absolute. If he wanted to sell the children and keep the parents, his decision was not subject to any court of law. It was final. If he wanted to sell the wife of his slave man into the rice-fields of the Carolinas or into the West India Islands, the tears of the husband only exasperated the master. "The fathers of New England" had _no_ reverence for the "nuptial tie" among their slaves, and, therefore, tore slave families asunder without the least compunction of conscience. "Negro children were considered an inc.u.mbrance in a family, and, when weaned, were given away like puppies," says the famous Dr. Belknap. But after the Act of 1705; "their banns were published like those of white persons;" and public sentiment began to undergo a change on the subject. The following Negro marriage was prepared by the Rev. Samuel Phillips of Andover.

His ministry did not commence until 1710; and, therefore, this marriage was prepared subsequent to that date. He realized the need of something, and acted accordingly.

"You, Bob, do now, in ye Presence of G.o.d and these Witnesses, Take Sally to be your wife;

"Promising, that so far as shall be consistent with ye Relation which you now Sustain as a servant, you will Perform ye Part of an Husband towards her: And in particular, as you shall have ye Opportunity & Ability, you will take proper Care of her in Sickness and Health, in Prosperity & Adversity;

"And that you will be True & Faithful to her, and will Cleave to her only, so long as G.o.d, in his Providence, shall continue your and her abode in Such Place (or Places) as that you can conveniently come together.--Do You thus Promise?

"You, Sally, do now, in ye Presence of G.o.d, and these Witnesses, Take Bob to be your Husband;

"Promising, that so far as your present Relation as a Servant shall admit, you will Perform the Part of a Wife towards him: and in particular,

"You Promise that you will Love him; And that as you shall have the Opportunity & Ability, you will take a proper Care of him in Sickness and Health; in Prosperity and Adversity:

"And you will cleave to him only, so long as G.o.d, in his Providence, shall continue his & your Abode in such Place (or Places) as that you can come together.--Do you thus Promise? I then, agreeable to your Request, and with ye Consent of your Masters & Mistresses, do Declare that you have License given you to be conversant and familiar together as Husband and Wife, so long as G.o.d shall continue your Places of Abode as aforesaid; And so long as you Shall behave yourselves as it becometh servants to doe:

"For you must both of you bear in mind that you remain still, as really and truly as ever, your Master's Property, and therefore it will be justly expected, both by G.o.d and Man, that you behave and conduct yourselves as Obedient and faithful Servants towards your respective Masters & Mistresses for the Time being:

"And finally, I exhort and Charge you to beware lest you give place to the Devil, so as to take occasion from the license now given you, to be lifted up with Pride, and thereby fall under the Displeasure, not of Man only, but of G.o.d also; for it is written, that G.o.d resisteth the Proud but giveth Grace to the humble.

"I shall now conclude with Prayer for you, that you may become good Christians, and that you may be enabled to conduct as such; and in particular, that you may have Grace to behave suitably towards each Other, as also dutifully towards your Masters & Mistresses, Not with Eye Service as Men pleasers, ye Servants of Christ doing ye Will of G.o.d from ye heart, &c.

["ENDORSED] NEGRO MARRIAGE."[332]

Where a likely Negro woman was courted by the slave of another owner, and wanted to marry, she was sold, as a matter of humanity, "with her wearing apparel" to the owner of the man. "A Bill of Sale of a Negro Woman Servant in Boston in 1724, recites that 'Whereas Scipio, of Boston aforesaid, Free Negro Man and Laborer, proposes Marriage to Margaret, the Negro Woman Servant of the said Dorcas Marshall [a Widow Lady of Boston]: Now to the Intent that the said Intended Marriage may take Effect, and that the said Scipio may Enjoy the said Margaret without any Interruption,' etc., she is duly sold, with her apparel, for Fifty Pounds."[333] Within the next twenty years the Governor and his Council found public opinion so modified on the question of marriage among the blacks, that they granted a Negro a divorce on account of his wife's adultery with a white man. But in Quincy's Reports, page 30, note, quoted by Dr. Moore, in 1758 the following rather loose decision is recorded: that the child of a female slave never married according to any of the forms prescribed by the laws of this land, by another slave, who "had kept her company with her master's consent," was not a b.a.s.t.a.r.d.

The Act of 1705 forbade any "christian" from marrying a Negro, and imposed a fine of fifty pounds upon any clergyman who should join a Negro and "christian" in marriage. It stood as the law of the Commonwealth until 1843, when it was repealed by an "Act relating to Marriage between Individuals of Certain Races."

As to the political rights of the Negro, it should be borne in mind, that, as he was excluded from the right of Christian baptism, hence from the Church; and as "only church-members enjoyed the rights of freemen, it is clear that the Negro was not admitted to the exercise of the duties of a freeman.[334] Admitting that there were instances where Negroes received the rite of baptism, it was so well understood as not ent.i.tling them to freedom or political rights, that it was never questioned during this entire period. Free Negroes were but little better off than the slaves. While they might be regarded as owning their own labor, political rights and ecclesiastical privileges were withheld from them.

"They became the objects of a suspicious legislation, which deprived them of most of the rights of freemen, and reduced them to a social position very similar, in many respects, to that which inveterate prejudice in many parts of Europe has fixed upon the Jews."

Though nominally free, they did not come under the head of "Christians." Neither freedom, nor baptism in the Church, could free them from the race-malice of the whites, that followed them like the fleet-footed "Furies." There were special regulations for free Negroes. The Act of 1703, forbidding slaves from being out at night after the hour of nine o'clock, extended to free Negroes.[335] In 1707 an Act was pa.s.sed "regulating of free negroes."[336] It recites that "free negroes and mulattos, able of body, and fit for labor, who are not charged with trainings, watches, and other services,"[337] shall perform service equivalent to militia training. They were under the charge of the officer in command of the military company belonging to the district where they resided. They did fatigue-duty. And the only time, that, by law, the Negro was admitted to the trainings, was between 1652 and 1656. But there is no evidence that the Negroes took advantage of the law. Public sentiment is more potent than law. In May, 1656, the law of 1652, admitting Negroes to the trainings, was repealed.

"For the better ordering and settling of severall cases in the military companyes within this jurisdiction, which, upon experience, are found either wanting or inconvenient, it is ordered and declared by this Court and the authoritie thereof, that henceforth no negroes or Indians, although servants to the English, shal be armed or permitted to trayne, and y't no other person shall be exempted from trayning but such as some law doth priveledge."[338]

And Gov. Bradstreet, in his report to the "Committee for Trade," made in May, 1680, says,--

"We account all generally from Sixteen to Sixty that are healthfull and strong bodys, both House-holders and Servants fit to beare Armes, _except Negroes_ and _slaves_, whom wee arme not."[339]

The law of 1707--which is the merest copy of the Virginia law on the same subject--requires free Negroes to answer fire-alarms with the company belonging to their respective precincts. They were not allowed to entertain slave friends at their houses, without the permission of the owner of the slaves. To all prohibitions there was affixed severe fines in large sums of money. In case of a failure to pay these fines, the delinquent was sent to the House of Correction; where, under severe discipline, he was constrained to work out his fine at the rate of one shilling per day! If a Negro "presume to smite or strike any person of the English, or other Christian nation," he was publicly flogged by the justice before whom tried, at the discretion of that officer.

During this period the social condition of the Negroes, bond and free, was very deplorable. The early records of the town of Boston preserve the fact that one Thomas Deane, in the year 1661, was prohibited from employing a Negro in the manufacture of hoops, under a penalty of twenty shillings; for what reason is not stated.[340] No churches or schools, no books or teachers, they were left to the gloom and vain imaginations of their own fettered intellects. John Eliot "had long lamented it with a Bleeding and Burning Pa.s.sion, that the English used their Negroes but as their Horses or their Oxen, and that so little care was taken about their immortal souls; he looked upon it as a Prodigy, that any wearing the _Name_ of _Christians_ should so much have the _Heart_ of _Devils_ in them, as to prevent and hinder the Instruction of the poor _Blackamores_, and confine the souls of their miserable Slaves to a _Destroying Ignorance_, merely for fear of thereby losing the Benefit of their Va.s.salage; but now he made a motion to the _English_ within two or three Miles of him, that at such a time and place they would send their _Negroes_ once a week unto him: For he would then _Catechise_ them, and _Enlighten_ them, to the utmost of his power in things of their Everlasting Peace; however, he did not live to make much progress in this undertaking."[341] The few faint voices of encouragement, that once in a great while reached them from the pulpit[342] and forum, were as strange music, mellowed and sweetened by the distance. The free and slave Negroes were separated by law, were not allowed to communicate together to any great extent.