Imágenes de páginas
PDF
EPUB

These Lights Extinct, Dark is our Hemisphere.
In Boston once how much shin'd of our Glory,
VVe now Lament, Posterity will Story.
Let Boston live, who had and saw their VVorth,
And did them honour, both in Life and Death.
To him New-England trust in this Distress,
Who will not leave his Exiles Comfortless.

FINIS.

John Norton.

Reader, Be pleased in page 18 for Christopher Gardner

Read Sir Christopher Gardner.

HE

EXTINCTION OF SLAVERY IN

MASSACHUSETTS.

PAPER READ BEFORE THE MASSACHUSETTS HISTORICAL SOCIETY, AT THEIR MONTHLY MEETING, APRIL, 1857,

BY EMORY WASHBURN.

MUCH interest has been felt, of late years, to know when, d under what circumstances, slavery ceased to exist in assachusetts.

I recollect, among other evidences of this, being applied by Mr. Webster, a few years before his death, for such cts as I happened to possess on the subject, in order to d him in the investigation he was making in regard to e extinction of slavery here, which he said he had not en able satisfactorily to determine.

The generally received notion is, that slavery was extinished by the adoption of the Constitution of Massachutts, which declared all men free and equal. And it is doubtedly true, that soon after it was adopted, it was efinitely and definitively declared that the relation of masr and slave did not exist within the Commonwealth. But could we arrive at the true history of the state of blic sentiment-a power often quite as strong as the w, and always, in some measure, an exponent of the law self— we should, I think, find that the Constitution, with s Bill of Rights, was literally a declaration of what the ople regarded as already their rights, rather than an position of any newly adopted abstract principles, or gmas, to be wrought out into a practical system by any urse of future legislation under a new regime.

There is no question that slavery and slaves existed here some form, and to some extent, from the time Maverick

These Lights Extinct, Dark is our Hæmisphere.
In Boston once how much shin'd of our Glory,
VVe now Lament, Posterity will Story.
Let Boston live, who had and saw their VVorth,
And did them honour, both in Life and Death.
To him New-England trust in this Distress,
Who will not leave his Exiles Comfortless.

FINIS.

John Norton.

Reader, Be pleased in page 18 for Christopher Gardner

Read Sir Christopher Gardner.

THE EXTINCTION

OF SLAVERY IN

MASSACHUSETTS.

A PAPER READ BEFORE THE MASSACHUSETTS HISTORICAL SOCIETY, AT THEIR MONTHLY MEETING, APRIL, 1857,

BY EMORY WASHBURN.

MUCH interest has been felt, of late years, to know when, and under what circumstances, slavery ceased to exist in Massachusetts.

I recollect, among other evidences of this, being applied to by Mr. Webster, a few years before his death, for such facts as I happened to possess on the subject, in order to aid him in the investigation he was making in regard to the extinction of slavery here, which he said he had not been able satisfactorily to determine.

The generally received notion is, that slavery was extinguished by the adoption of the Constitution of Massachusetts, which declared all men free and equal. And it is undoubtedly true, that soon after it was adopted, it was definitely and definitively declared that the relation of master and slave did not exist within the Commonwealth.

But could we arrive at the true history of the state of public sentiment—a power often quite as strong as the law, and always, in some measure, an exponent of the law itself-we should, I think, find that the Constitution, with its Bill of Rights, was literally a declaration of what the people regarded as already their rights, rather than an exposition of any newly adopted abstract principles, or dogmas, to be wrought out into a practical system by any course of future legislation under a new regime.

There is no question that slavery and slaves existed here in some form, and to some extent, from the time Maverick

was found dwelling on Noddle's Island in 1630. Men and women were bought and sold in market, inventoried as property, and held to have the settlements of their masters in the character of slaves.

But after all, the laws on this subject, as well as the practice of the government, were inconsistent and anomalous, indicating clearly, that whether Colony or Province, so far as it felt free to follow its own inclinations, uncontrolled by the action of the mother country, Massachusetts was hostile to slavery as an institution.

Thus we find, among other evidence of the prevalence of this sentiment, one of the articles of the " Body of Liberties" which are preserved in the 8th Volume, 3d Series Historical Collections, declares "there shall never be any bond slaverie, villenage or captivitie, unless it be lawful captives, taken in just wars, and such strangers as willingly sell themselves, or are sold to us." And another guaranties to all men, whether inhabitant or foreigner, free or not free," liberty to "come to any public court, council or town meeting, and either by speech or writing, to move any lawful, or seasonable, or material question, or present any necessary motion, complaint, petition, bill or information," &c., clearly recognizing them alike as having the rights of suitors in courts, and the qualified rights of citizens, so far at least as to be heard as petitioners. And this, it will be remembered, was as early as 1641.

But I pass over the various laws and acts of the Colonists upon this subject, to notice the case of James vs. Lechmere, which was decided in 1769, and which involved the right of a master to hold slaves here, as we are told in Dr. Belknap's letter to Judge Tucker, 4 Hist. Coll. 1st Series, 202.*

This, it will be recollected, was nearly two years before the famous decision of Lord Mansfield, in Somersett's case; and if Dr. Belknap's account of the matter be cor

*The term at which judgment in this action was rendered, was held in Suffolk, October 31, 1769. The action was commenced in the Inferior Court of Common Pleas, May 2, 1769, and the plaintiff declared in trespass for assault and battery, and imprisoning and holding the plaintiff in servitude from April 11, 1758, to the date of the writ. Judgment in the lower Court was rendered for the defendant. The plaintiff appealed, and in the Superior Court the defendant was defaulted, and judgment was rendered for an agreed sum with costs.

« AnteriorContinuar »