luded in the bills of sale like other property; that
slavery was sanctioned by usage; and, finally, that the laws of the
Province recognized its existence by making masters liable for the
maintenance of their slaves, or servants.
On the part of the blacks, the law and usage of the mother country,
confirmed by the Great Charter, that no man can be deprived of his
liberty but by the judgment of his peers, were effectually pleaded. The
early laws of the Province prohibited slavery, and no subsequent
legislation had sanctioned it; for, although the laws did recognize its
existence, they did so only to mitigate and modify an admitted evil.
The present state constitution was established in 1780. The first
article of the Bill of Rights prohibited slavery by affirming the
foundation truth of our republic, that "all men are born free and equal."
The Supreme Court decided in 1783 that no man could hold another as
property without a direct violation of that article.
In 1788 three free black citizens of Boston were kidnapped and sold into
slavery in one of the French islands. An intense excitement followed.
Governor Hancock took efficient measures for reclaiming the unfortunate
men. The clergy of Boston petitioned the Legislature for a total
prohibition of the foreign slave-trade. The Society of Friends, and the
blacks generally, presented similar petitions; and the same year an act
was passed prohibiting the slave-trade and granting relief to persons
kidnapped or decoyed out of the Commonwealth. The fear of a burden to
the state from the influx of negroes from abroad led the Legislature, in
connection with this law, to prevent those who were not citizens of the
state or of other states from gaining a residence.
The first case of the arrest of a fugitive slave in Massachusetts under
the law of 1793 took place in Boston soon after the passage of the law.
It is the case to which President Quincy alludes in his late letter
against the fugitive slave law. The populace at the trial aided the
slave to escape, and nothing further was done about it.
The arrest of George Latimer as a slave, in Boston, and his illegal
confinement in jail, in 1842, led to the passage of the law of 1843 for
the "protection of personal liberty," prohibiting state officers from
arresting or detaining persons claimed as slaves, and the use of the
jails of the Commonwealth for their confinement. This law was strictly
in accordance with the decisio
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