FREE BOOKS

Author's List




PREV.   NEXT  
|<   267   268   269   270   271   272   273   274   275   276   277   278   279   280   281   282   283   284   285   286   287   288   289   290   291  
292   293   294   295   296   297   298   299   300   301   302   303   304   305   306   307   308   309   310   311   312   313   314   315   316   >>   >|  
ter for restraining his liberty. The jury gave a verdict in favor of the Negro, on the ground that there was "no law of the Province to hold a man to serve for life."[401] This is the only decision we have been able to find based upon such a reason. The jury may have reached this conclusion from a knowledge of the provisions of the charter of the colony; or they may have found a verdict in accordance with the charge of the court. The following significant language in the charter of the colony could not have escaped the court:-- "That all and every of the subjects of us, our heirs and successors, which go to and inhabit within our said province and territory, and every of their children which shall happen to be born there, or on the seas in going thither, or returning from thence, shall have and enjoy all liberties and immunities of free and natural subjects within the dominions of us, our heirs and successors, to all intents, constructions, and purposes whatsoever, as if they and every of them were born within our realm of England." The Rev. Dr. Belknap, speaking of these cases which John Adams speaks of as "suing for liberty," gives an idea of the line of argument used by the Negroes:-- "On the part of the blacks it was pleaded, that the royal charter expressly declared all persons born or residing in the province, to be as free as the King's subjects in Great Britain; that by the laws of England, no man could be deprived of his liberty but by the judgment of his peers; that the laws of the province respecting an evil existing, and attempting to mitigate or regulate it, did not authorize it; and, on some occasions, the plea was, that though the slavery of the parents be admitted, yet no disability of that kind could descend to children."[402] The argument pursued by the masters was,-- "The pleas on the part of the masters were, that the negroes were purchased in open market, and bills of sale were produced in evidence; that the laws of the province recognized slavery as existing in it, by declaring that no person should manumit his slave without giving bond for his maintenance."[403] It is well that posterity should know the motives that inspired judges and juries to grant these Negroes their prayer for liberty. "In 1773, etc., some slaves did recover against their mas
PREV.   NEXT  
|<   267   268   269   270   271   272   273   274   275   276   277   278   279   280   281   282   283   284   285   286   287   288   289   290   291  
292   293   294   295   296   297   298   299   300   301   302   303   304   305   306   307   308   309   310   311   312   313   314   315   316   >>   >|  



Top keywords:

province

 
liberty
 
charter
 

subjects

 
successors
 
argument
 

Negroes

 

England

 

existing

 

children


slavery

 

masters

 
verdict
 

colony

 
juries
 

respecting

 

authorize

 
mitigate
 

regulate

 

attempting


judgment

 

prayer

 

slaves

 

expressly

 

recover

 
declared
 

pleaded

 

persons

 
residing
 

occasions


deprived

 

Britain

 

parents

 

person

 
negroes
 

manumit

 

giving

 

declaring

 

purchased

 
produced

evidence
 
recognized
 

market

 

maintenance

 

disability

 

inspired

 

motives

 

admitted

 
judges
 

pursued