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
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