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 pa.s.s 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 pa.s.sed to put a stop to the very prevalent habit of emanc.i.p.ating 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.

In 1702 the representatives of the town of Boston were "desired to promote the encouraging the bringing of White servants and to put a period to Negroes being slaves."[372] This was not an anti-slavery measure, as some have wrongly supposed.[373] It was not a resolution or an Act: it was simply a request; and one that the "Representatives"

did not grant for nearly a century afterwards.

"In 1718, a committee of both Houses prepared a bill ent.i.tled 'An Act for the Encouraging the Importation of White Male Servants, and the preventing the Clandestine bringing in of Negroes and Molattoes.'"

It was read in Council a first time on the 16th of June, and "sent down recommended" to the House; where it was also read a first time on the same day. The next day it was read a second time, and, "on the question for a third reading, decided in the negative."[374] In 1706 an argument or "Computation that the Importation of Negroes is not so profitable as that of White Servants," was published in Boston.[375]

It throws a flood of light upon the Act mentioned above, and shows that the motives that inspired the people who wanted a period put to the holding of Negroes as slaves were grossly material and selfish. It was the first published article on the subject, and is worthy of reproduction in full. It is reprinted from "The Boston News-Letter,"

No. 112, June 10, 1706, in the New-York Historical Society.

"By last Year's Bill of Mortality for the Town of _Boston_, in _Number 100 News-Letter_, we are furnished with a List of 44 Negroes dead last year, which being computed one with another at 30_l._ per Head, amounts to the Sum of One Thousand three hundred and Twenty Pounds, of which we would make this Remark: That the Importing of Negroes into this or the Neighboring Provinces is not so beneficial either to the Crown or Country, as White Servants would be.

"For Negroes do not carry Arms to defend the Country as Whites do.

"Negroes are generally Eye-Servants, great Thieves, much addicted to Stealing, Lying and Purloining.

"They do not People our Country as Whites would do whereby we should be strengthened against an Enemy.

"By Encouraging the Importing of White Men Servants, allowing somewhat to the Importer, most Husbandmen in the Country might be furnished with Servants for 8, 9, or 10_l._ a Head, who are not able to launch out 40 or 50_l._ for a Negro the now common Price.

"A Man then might buy a White Man Servant we suppose for 10_l._ to serve 4 years, and Boys for the same price to Serve 6, 8, or 10 years; If a White Servant die, the Loss exceeds not 10_l._ but if a Negro dies, 'tis a very great loss to the Husbandman; Three years Interest of the price of the Negro, will near upon if not altogether purchase a White Man Servant.

"If necessity call for it, that the Husbandman must fit out a Man against the Enemy; if he has a Negro he cannot send him, but if he has a White Servant, 'twill answer the end, and perhaps save his son at home.

"Were Merchants and Masters Encouraged as already said to bring in Men Servants, there needed not be such Complaint against Superiors Impressing our Children to the War, there would then be Men enough to be had without Impressing.

"The bringing in of such Servants would much enrich this Province, because Husbandmen would not only be able far better to manure what Lands are already under Improvement, but would also improve a great deal more that now lyes waste under Woods, and enable this Province to set about raising of Naval Stores, which would be greatly advantageous to the Crown of England, and this Province.

"For the raising of Hemp here, so as to make Sail-cloth and Cordage to furnish but our own shipping, would hinder the Importing it, and save a considerable sum in a year to make Returns for which we now do, and in time might be capacitated to furnish England not only with Sail-cloth and Cordage, but likewise with Pitch, Tar, Hemp, and other Stores which they are now obliged to purchase in Foreign Nations.

"Suppose the Government here should allow Forty Shillings per head for five years, to such as should Import every of these years 100 White Men Servants, and each to serve 4 years, the cost would be but 200_l._ a year, and a 1000_l._ for the 5 years. The first 100 Servants, being free the 4th year they serve the 5th for Wages, and the 6th there is 100 that goes out into the Woods, and settles a 100 Families to Strengthen and Baracado us from the Indians, and also a 100 Families more every year successively.

"And here you see that in one year the Town of Boston has lost 1320_l._ by 44 Negroes, which is also a loss to the Country in general, and for a less loss (if it may improperly be so called) for a 1000_l._ the Country may have 500 Men in 5 years time for the 44 Negroes dead in one year.

"A certain person within these 6 years had two Negroes dead computed both at 60_l._ which would have procured him six white Servants at 10_l._ per head to have Served 24 years, at 4 years apiece, without running such a great risque, and the Whites would have strengthened the Country, that Negroes do not.

"'Twould do well that none of those Servants be liable to be Impressed during their Service of Agreement at their first Landing.

"That such Servants being Sold or Transported out of this Province during the time of their Service, the Person that buys them be liable to pay 3_l._ into the Treasury."

Comment would be superfluous. It is only necessary for the reader to note that there is not a humane sentiment in the entire article.

But universal liberty was not without her votaries. All had not bowed the knee to Baal. The earliest friend of the Indian and the Negro was the scholarly, pious, and benevolent Samuel Sewall, at one time one of the judges of the Superior Court of Ma.s.sachusetts, and afterwards the chief justice. He hated slavery with a righteous hatred, and early raised his voice and used his pen against it. He contributed the first article against slavery printed in the colony. It appeared as a tract, on the 24th of June, 1700, and was "Printed by Bartholomew Green and John Allen." It is withal the most remarkable doc.u.ment of its kind we ever saw. It is reproduced here to show the reader what a learned Christian judge thought of slavery one hundred and eighty-two years ago.

"THE SELLING OF JOSEPH A MEMORIAL.

"By the Hon'ble JUDGE SEWALL in New England.

"FORASMUCH _as_ LIBERTY _is in real value next unto Life; None ought to part with it themselves, or deprive others of it, but upon most mature consideration._

"The Numerousness of Slaves at this Day in the Province, and the Uneasiness of them under their Slavery, hath put many upon thinking whether the Foundation of it be firmly and well laid; so as to sustain the Vast Weight that is built upon it. It is most certain that all Men, as they are the Sons of _Adam_, are Co-heirs, and have equal Right unto Liberty, and all other outward Comforts of Life. G.o.d _hath given the Earth [with all its commodities] unto the Sons of Adam, Psal., 115, 16. And hath made of one Blood all Nations of Men, for to dwell on all the face of the Earth, and hath determined the Times before appointed, and the bounds of their Habitation: That they should seek the Lord. Forasmuch then as we are the Offspring of_ G.o.d, &c. _Acts, 17, 26, 27, 29_. Now, although the t.i.tle given by the last ADAM doth infinitely better Men's Estates, respecting G.o.d and themselves; and grants them a most beneficial and inviolable Lease under the Broad Seal of Heaven, who were before only Tenants at Will; yet through the Indulgence of G.o.d to our First Parents after the Fall, the outward Estate of all and every of their Children, remains the same as to one another.

So that Originally, and Naturally, there is no such thing as Slavery. _Joseph_ was rightfully no more a slave to his Brethren, than they were to him; and they had no more Authority to _Sell_ him, than they had to _Slay_ him. And if _they_ had nothing to do to sell him; the _Ishmaelites_ bargaining with them, and paying down Twenty pieces of Silver, could not make a t.i.tle. Neither could _Potiphar_ have any better Interest in him than the _Ishmaelites_ had.

_Gen. 37, 20, 27, 28_. For he that shall in this case plead _Alteration of Property_, seems to have forfeited a great part of his own claim to Humanity. There is no proportion between Twenty Pieces of Silver and LIBERTY. The Commodity itself is the Claimer. If _Arabian_ Gold be imported in any quant.i.ties, most are afraid to meddle with it, though they might have it at easy rates; lest it should have been wrongfully taken from the Owners, it should kindle a fire to the Consumption of their whole Estate. 'Tis pity there should be more Caution used in buying a Horse, or a little lifeless dust, than there is in purchasing Men and Women: Whereas they are the Offspring of G.o.d, and their Liberty is,

... _Auro pretiofior Omni._

"And seeing G.o.d hath said, _He that Stealeth a Man, and Selleth him, or if he be found in his Hand, he shall surely be put to Death._ Exod. 21, 16. This Law being of Everlasting Equity, wherein Man-Stealing is ranked among the most atrocious of Capital Crimes: What louder Cry can there be made of that Celebrated Warning

_Caveat Emptor!_

"And all things considered, it would conduce more to the Welfare of the Province, to have White Servants for a Term of Years, than to have Slaves for Life. Few can endure to hear of a Negro's being made free; and indeed they can seldom use their Freedom well; yet their continual aspiring after their forbidden Liberty, renders them Unwilling Servants. And there is such a disparity in their Conditions, Colour, and Hair, that they can never embody with us, & grow up in orderly Families, to the Peopling of the Land; but still remain in our Body Politick as a kind of extravasat Blood. As many Negro Men as there are among us, so many empty Places are there in our Train Bands, and the places taken up of Men that might make Husbands for our Daughters.

And the Sons and Daughters of _New England_ would become more like _Jacob_ and _Rachel_, if this Slavery were thrust quite out of Doors. Moreover it is too well known what Temptations Masters are under, to connive at the Fornication of their Slaves; lest they should be obliged to find them Wives, or pay their Fines. It seems to be practically pleaded that they might be lawless; 'tis thought much of, that the Law should have satisfaction for their Thefts, and other Immoralities; by which means, _Holiness to the Lord_ is more rarely engraven upon this sort of Servitude. It is likewise most lamentable to think, how in taking Negroes out of _Africa_, and selling of them here, That which G.o.d has joined together, Men do boldly rend asunder; Men from their Country, Husbands from their Wives, Parents from their Children. How horrible is the Uncleanness, Mortality, if not Murder, that the Ships are guilty of that bring great Crowds of these miserable Men and Women. Methinks when we are bemoaning the barbarous Usage of our Friends and Kinsfolk in _Africa_, it might not be unreasonable to enquire whether we are not culpable in forcing the _Africans_ to become Slaves amongst ourselves.

And it may be a question whether all the Benefit received by _Negro_ Slaves will balance the Accompt of Cash laid out upon them; and for the Redemption of our own enslaved Friends out of _Africa_. Besides all the Persons and Estates that have perished there.

"Obj. 1. _These Blackamores are of the Posterity of Cham, and therefore are under the Curse of Slavery_. Gen. 9, 25, 26, 27.

"_Ans._ Of all Offices, one would not beg this; viz.

Uncall'd for, to be an Executioner of the Vindictive Wrath of G.o.d; the extent and duration of which is to us uncertain.

If this ever was a Commission; How do we know but that it is long since out of Date? Many have found it to their Cost, that a Prophetical Denunciation of Judgment against a Person or People, would not warrant them to inflict that evil. If it would, _Hazael_ might justify himself in all he did against his master, and the _Israelites_ from _2 Kings 8, 10, 12_.

"But it is possible that by cursory reading, this Text may have been mistaken. For _Canaan_ is the Person Cursed three times over, without the mentioning of _Cham_. Good Expositors suppose the Curse entailed on him, and that this Prophesie was accomplished in the Extirpation of the _Canaanites_, and in the Servitude of the _Gibeonites. Vide Pareum_. Whereas the Blackmores are not descended of _Canaan_, but of Cush. Psal. 68, 31. _Princes shall come out of Egypt_ [Mizraim]. _Ethiopia_ [Cush] _shall soon stretch out her hands unto G.o.d_. Under which Names, all _Africa_ may be comprehended; and their Promised Conversion ought to be prayed for. _Jer. 13, 23. Can the Ethiopian change his Skin?_ This shows that Black Men are the Posterity of _Cush_. Who time out of mind have been distinguished by their Colour. And for want of the true, _Ovid_ a.s.signs a fabulous cause of it.

_Sanguine tum credunt in corpora summa vocato aethiopum populos nigrum traxisse colorem_. Metamorph. lib. 2.

"Obj. 2. _The_ Nigers _are brought out of a Pagan Country, into places where the Gospel is preached_.

"_Ans._ Evil must not be done, that good may come of it. The extraordinary and comprehensive Benefit accruing to the Church of G.o.d, and to _Joseph_ personally, did not rectify his Brethren's Sale of him.

"Obj. 3. _The Africans have Wars one with another: Our Ships bring lawful Captives taken in those wars_.

"_Answ._ For aught is known, their Wars are much such as were between _Jacob's_ Sons and their Brother _Joseph_. If they be between Town and Town; Provincial or National: Every War is upon one side Unjust. An Unlawful War can't make lawful Captives. And by receiving, we are in danger to promote, and partake in their Barbarous Cruelties. I am sure, if some Gentlemen should go down to the _Brewsters_ to take the Air, and Fish: And a stronger Party from _Hull_ should surprise them, and sell them for Slaves to a Ship outward bound; they would think themselves unjustly dealt with; both by Sellers and Buyers. And yet 'tis to be feared, we have no other Kind of t.i.tle to our _Nigers. Therefore all things whatsoever ye would that men should do to you, do you even so to them: for this is the Law and the Prophets._ Matt. 7, 12.

"Obj. 4. Abraham _had Servants bought with his money and born in his House._

"_Ans._ Until the Circ.u.mstances of _Abraham's_ purchase be recorded, no Argument can be drawn from it. In the mean time, Charity obliges us to conclude, that He knew it was lawful and good.

"It is Observable that the _Israelites_ were strictly forbidden the buying or selling one another for Slaves.

_Levit. 25. 39. 46. Jer. 34, 8-22_. And G.o.d gaged His Blessing in lieu of any loss they might conceit they suffered thereby, _Deut._ 15. 18. And since the part.i.tion Wall is broken down, inordinate Self-love should likewise be demolished. G.o.d expects that Christians should be of a more Ingenuous and benign frame of Spirit. Christians should carry it to all the World, as the _Israelites_ were to carry it one towards another. And for Men obstinately to persist in holding their Neighbours and Brethren under the Rigor of perpetual Bondage, seems to be no proper way of gaining a.s.surance that G.o.d has given them Spiritual Freedom. Our Blessed Saviour has altered the Measures of the ancient Love Song, and set it to a most Excellent New Tune, which all ought to be ambitious of Learning. _Matt. 5. 43. 44_. _John 13. 34_. These _Ethiopians_, as black as they are, seeing they are the Sons and Daughters of the First _Adam_, the Brethren and Sisters of the Last ADAM, and the Offspring of G.o.d; They ought to be treated with a Respect agreeable.

"_Servitus perfecta voluntaria, inter Christianum & Christianum, ex parte servi patientis saepe est licita, quia est necessaria; sed ex parte domini agentis, & procurando & exercendo, vix potest esse licita; quia non convenit regulae illi generali; Quaecunque volueritis ut faciant vobis homines, ita & vos facite eis. Matt. 7, 12._