e been placed upon the personal rights of a white colonist;
for, under the democratical government of the colony, a subject was
greater than the government. No law could stand that was inimical to
his rights as a freeman. But the free Negro had no remedy at law. He
was literally between two conditions, bondage and freedom.
Attention has been called to the fact, that the Act of 1652 was never
enforced. In April, 1708, an Act, laying an impost-tax upon slaves
imported into the colony, was passed which really gave legal sanction
to the slave-trade.[453] The following is the Act referred to:--
"And it is further enacted by the authority aforesaid, that
whereas, by an act of Assembly, in February last past,
concerning the importing negroes, one article of said act,
expressing that three pounds money shall be paid into the
treasury for each negro imported into this colony; but upon
exporting such negro in time limited in said act, said three
pounds were to be drawn out of the treasury again by the
importer:
"It is hereby enacted, that said sum for the future, shall
not be drawn out, but there continued for the use in said
act expressed; any act to the contrary,
notwithstanding."[454]
The Act referred to as having passed "in February last past," cannot
be found.[455] But, from the one quoted above, it is to be inferred
that two objects were aimed at, viz.: First, under the codes of
Massachusetts and Virginia, a drawback was allowed to an importer of a
Negro who exported him within a stated time: the Rhode-Island Act of
"February" had allowed importers this privilege. Second,
notwithstanding the loud-sounding Act of 1652, this colony was not
only willing to levy an impost-tax upon all slaves imported, but, in
her greed for "blood money," even denied the importer the mean
privilege, in exporting his slave, of drawing his rebate! The
consistency of Rhode Island must have been a jewel that the other
colonies did not covet.
The last section of the Act of 1703 was directed against "house
keepers," who were to be fined for entertaining Negro or Indian
slaves after nine o'clock. In 1708 another Act was passed,
supplemental to the one of 1703, and added stripes as a penalty for
non-payment of fines. Many white persons in the larger towns had grown
rather friendly towards the slaves; and, even where they did not speak
out in public against the enslavement of human b
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