FOOTNOTES:
[260] George H. Moore, LL.D., for many years librarian of the New-York Historical Society, but at present the efficient superintendent of the Lenox Library, in his "Notes on the History of Slavery in Massachusetts," has summoned nearly all the orators and historians of Massachusetts to the bar of history. He leaves them open to one of three charges, viz., evading the truth, ignorance of it, or falsifying the record. And in addition to this work, which is authority, his "Additional Notes" glow with an energy and perspicuity of style which lead me to conclude that Dr. Moore works admirably under the spur, and that his refined sarcasm, unanswerable logic, and critical accuracy give him undisputed place amongst the ablest writers of our times.
[261] Wood's New-England Prospect, 1634, p. 77.
[262] Slavery in Mass., p. 7.
[263] Ibid., pp. 4, 5, and 6.
[264] Elliott's New-England Hist., pp. 167-205.
[265] Winthrop's Journal, Feb. 26, 1638, vol. i. p. 254; see, also, Felt, vol. ii. p. 230.
[266] Dr. Moore backs his statement as to the time The Desire was built by quoting from Winthrop, vol. i. p. 193. But there is a mistake somewhere as to the correct date. Winthrop says she was built in 1636; but I find in Mr. Drake's "Founders of New England," pp. 31, 32, this entry: "More (June) XXth, 1635. In the Desire de Lond. Pearce, and bond for New Eng. p'r cert, fro ij Justices of Peace and ministers of All Saints lionian in Northampton." If she sailed in 1635, she must have been built earlier.
[267] Dr. George H. Moore says Josselyn's Voyages were printed in 1664. This is an error. They were not published until ten years later, in 1674. In 1833 the Massachusetts Historical Society printed the work in the third volume and third series of their collection.
[268] Josselyn, p. 28.
[269] Ibid., p. 250.
[270] Ibid., p. 258.
[271] Slavery in Mass., p. 9.
[272] Mass. Hist Coll., vol. iv. 4th Series, p. 333, sq.
[273] Mr. Bancroft (Centenary Edition, vol. i. p. 137) says, "The earliest importation of Negro slaves into New England was made in 1637, from Providence Isle, in the Salem ship Desire." But Winthrop (vol. i. p. 254, under date of the 26th of February, 1638) says, "The Desire returned from the West Indies after seven months." He also states (ibid., p. 193) that The Desire was "built at Marblehead in 1636." But this may or may not be true according to the old method of keeping time.
[274] Palfrey's Hist. of N.E., vol. ii. p. 30, note.
[275] Josselyn, p. 257.
[276] Elliott's New-England Hist., vol. ii. pp. 57, 58.
[277] Hildreth, vol. i, p. 270, sq.
[278] Ancient Charters and Laws of Mass., pp. 52, 23.
[279] Slavery in Mass., p. 13, note.
[280] Slavery in Mass., pp. 18, 19.
[281] Ibid., p. 12.
[282] Elliott's New-England Hist., vol. i. p. 383.
[283] Hildreth, vol. i. p. 278.
[284] Mass. Hist. Coll., vol. iv. 4th Series, p. 334.
[285] Quoted by Dr. Moore, p. 20.
[286] Commonwealth vs. Aves, 18 Pickering, p. 208.
[287] Andover vs. Canton, Mass. Reports, 551, 552, quoted by Dr. Moore.
[288] Kendall's Travels, vol. ii. p. 179.
[289] The following note, if it refers to the kidnapped Negroes, gives an earlier date,—"29th May, 1644. Mr. Blackleach his petition about the Mores was consented to, to be committed to the eldrs, to enforme us of the mind of God herein, & then further to consider it."—Mass. Records, vol. ii. p. 67.
[290] Bancroft, Centennial edition, vol. i. p. 137.
[291] Hildreth, vol. i. p. 282.
[292] The petition is rather a remarkable paper, and is printed below. It is evident that the judge was in earnest. And yet the court, while admitting the petition, tried the case on only one ground, man-stealing.
To the honored general court. The oath I took this yeare att my enterance upon the place of assistante was to this effect: That I would truly endeavour the advancement of the gospell and the good of the people of this plantation (to the best of my skill) dispencing justice equally and impartially (according to the laws of God and this land) in all cases wherein I act by virtue of my place. I conceive myself called by virtue of my place to act (according to this oath) in the case concerning the negers taken by captain Smith and Mr. Keser; wherein it is apparent that Mr. Keser gave chace to certaine negers; and upon the same day tooke divers of them; and at another time killed others; and burned one of their townes. Omitting several misdemeanours, which accompanied these acts above mentioned, I conceive the acts themselves to bee directly contrary to these following laws (all of which are capitall by the word of God; and two of them by the lawes of this jurisdiction).
The act (or acts) of murder (whether by force or fraude) are expressly contrary both to the law of God, and the law of this country.
The act of stealing negers, or taking them by force (Whether it be considered as theft or robbery) is (as I conceive) expressly contrary, both to the law of God, and the law of this country.
The act of chaceing the negers (as aforesayde) upon the sabbath day (being a servile worke and such as cannot be considered under any other heade) is expressly capitall by the law of God.
These acts and outrages being committed where there was noe civill government, which might call them to accompt, and the persons, by whom they were committed beeing of our jurisdiction, I conceive this court to bee the ministers of God in this case, and therefore my humble request is that the severall offenders may be imprisoned by the order of this court, and brought into their deserved censure in convenient time; and this I humbly crave that soe the sinn they have committed may be upon their own heads, and not upon ourselves (as otherwise it will.)
Yrs in all christean observance,
Richard Saltonstall.
The house of deputs thinke meete that this petition shall be granted, and desire our honored magistrats concurrence herein.
Edward Rawson.
—Coffin's Newbury, pp. 335, 336.
[293] Laws Camb., 1675, p. 15.
[294] Hildreth, vol. i. p. 368.
[295] Coffin, p. 335.
[296] Drake (p. 288) says, "This act, however, was afterwards repealed or disregarded."
[297] Mass. Records, vol ii. p 129.
[298] Moore, Appendix, 251, sq.
[299] Slavery in Mass., p. 30.
[300] Hildreth, vol. i. p, 282.
[301] Slavery in Mass., p. 49. See, also, Drake's Boston, p. 441, note.
[302] Mass. Hist. Coll., vol. viii. 3d Series, p. 337.
[303] Slavery in Mass., p. 50.
[304] Coll. Amer. Stat. Asso., vol. i. p. 586.
[305] Douglass's British Settlements, vol. i. p. 531.
[306] Drake, p. 714. I cannot understand how Dr. Moore gets 1,514 slaves in Boston in 1742, except from Douglass. His "1742" should read 1752, and his "1,514" slaves should read 1,541 slaves.
[307] "There is a curious illustration of 'the way of putting it' in Massachusetts, in Mr. Felt's account of this 'census of slaves,' in the Collections of the American Statistical Association, vol. i. p, 208. He says that the General Court passed this order 'for the purpose of having an accurate account of slaves in our Commonwealth, as a subject in which the people were becoming much interested, relative to the cause of liberty!" There is not a particle of authority for this suggestion—such a motive for their action never existed anywhere but in the imagination of the writer himself!"—Slavery in Mass., p. 51, note.
[308] Ancient Charters and Laws of Mass., p. 748.
[309] Ibid.
[310] Slavery in Mass., p. 61.
[311] Hildreth, vol. ii. pp. 269, 270.
[312] Drake's Boston, p. 574.
[313] Spectator, No. 215, Nov. 6, 1711.
[314] Slavery in Mass., p. 64.
[315] "In the inventory of the estate of Samuel Morgaridge, who died in 1754, I find,
'Item, three negroes £133, 6s., 8d. Item, flax £12, 2s., 8.'
"In the inventory of Henry Rolfe's estate, taken in April, 1711, I find the following, namely,
'Fifteen sheep, old and young £3, 15. An old gun 2
An old Negroe man 10 0
--------
£13 7s.'"
--Coffin, p. 188.
[316] Slavery in Mass., pp. 64, 65.
[317] Drake, 583, note.
[318] Here is a sample of the sales of those days: "In 1716, Rice Edwards, of Newbury, shipwright, sells to Edmund Greenleaf 'my whole personal estate with all my goods and chattels as also one negro man, one cow, three pigs with timber, plank, and boards."—Coffin, p. 337.
[319] New-England Weekly Journal, No. 267, May 1, 1732.
[320] A child one year and a half old—a nursing child sold from the bosom of its mother!—and for life!—Coffin, p. 337.
[321] Slavery in Mass., p. 96. Note.
[322] Eight years after this, on the 22d of June, 1735, Mr. Plant records in his diary: "I wrote Mr. Salmon of Barbadoes to send me a Negro." (Coffin, p. 338.) It doesn't appear that the reverend gentleman was opposed to slavery!
[323] Note quoted by Dr. Moore, p. 58.
[324] Hildreth, vol. i. p. 44.
[325] "For they tell the Negroes, that they must believe in Christ, and receive the Christian faith, and that they must receive the sacrament, and be baptized, and so they do; but still they keep them slaves for all this."—MACY'S Hist. of Nantucket, pp. 280, 281.
[326] Ancient Charters and Laws of Mass., p. 117.
[327] Mr. Palfrey relies upon a single reference in Winthrop for the historical trustworthiness of his statement that a Negro slave could be a member of the church. He thinks, however, that this "presents a curious question," and wisely reasons as follows: "As a church-member, he was eligible to the political franchise, and, if he should be actually invested with it, he would have a part in making laws to govern his master,—laws with which his master, if a non-communicant, would have had no concern except to obey them. But it is improbable that the Court would have made a slave—while a slave—a member of the Company, though he were a communicant.—Palfrey, vol. ii. p. 30. Note.
[328] Butts vs. Penny, 2 Lev., p. 201; 3 Kib., p. 785.
[329] Hildreth, vol. ii. p. 426.
[330] Ancient Charters and Laws of Mass., p. 748.
[331] Palfrey, vol. ii. p. 30. Note.
[332] Hist. Mag., vol. v., 2d Series, by Dr. G.H. Moore.
[333] Slavery in Mass., p. 57, note.
[334] I use the term freeman, because the colony being under the English crown, there were no citizens. All were British subjects.
[335] Ancient Charters and Laws of Mass., p. 746.
[336] Ibid., p. 386.
[337] Mr. Palfrey is disposed to hang a very weighty matter on a very slender thread of authority. He says, "In the list of men capable of bearing arms, at Plymouth, in 1643, occurs the name of 'Abraham Pearse, the Black-moore,' from which we infer ... that Negroes were not dispensed from military service in that colony" (History of New England, vol. ii. p. 30, note). This single case is borne down by the laws and usages of the colonists on this subject. Negroes as a class were absolutely excluded from the military service, from the commencement of the colony down to the war with Great Britain.
[338] Slavery in Mass., Appendix, p. 243.
[339] Mass. Hist. Soc. Coll., vol. viii. 3d Series, p. 336.
[340] Lyman's Report, 1822.
[341] Mather's Magnalia, Book III., p. 207. Compare also p. 209.
[342] Elliott's New-England Hist., vol. ii. p. 165.
[343] Mr. Palfrey comes again with his single and exceptional case, asking us to infer a rule therefrom. See History of New England, note, p. 30.
[344] Chief-Justice Parker, in Andover vs. Canton, 13 Mass. p. 550.
[345] Slavery in Mass., p. 62.
[346] Mott's Sketches, p. 17.
[347] At the early age of sixteen, in the year 1770, Phillis was baptized into the membership of the society worshipping in the "Old South Meeting-House." The gifted, eloquent, and noble Dr. Sewall was the pastor. This was an exception to the rule, that slaves were not baptized into the Church.
[348] All writers I have seen on this subject—and I think I have seen all—leave the impression that Miss Wheatley's poems were first published in London. This is not true. The first published poems from her pen were issued in Boston in 1770. But it was a mere pamphlet edition, and has long since perished.
[349] All the historians but Sparks omit the given name of Peters. It was John.
[350] The date usually given for her death is 1780, while her age is fixed at twenty-six. The best authority gives the dates above, and I think they are correct.
[351] "Her correspondence was sought, and it extended to persons of distinction even in England, among whom may be named the Countess of Huntingdon, Whitefield, and the Earl of Dartmouth."—Sparks's Washington, vol. iii. p. 298, note.
[352] Sparks's Washington, vol iii. p. 299, note.
[353] This destroys the last hope I have nursed for nearly six years that the poem might yet come to light. Somehow I had overlooked this note.
[354] Sparks's Washington, vol iii. p. 288.
[355] Ibid., vol. iii. pp. 297, 298.
[356] Armistead's A Tribute to the Negro, pp. 460, 461.
[357] Douglass, vol. ii. p. 345, note.
[358] Hildreth, vol. ii. p. 426.
[359] Pearce vs. Lisle, Ambler, 76.
[360] It may sound strangely in the ears of some friends and admirers of the gifted John Adams to hear now, after the lapse of many years, what he had to say of the position Otis took. His mild views on slavery were as deserving of scrutiny as those of the elder Quincy. Mr. Adams says: "Nor were the poor negroes forgotten. Not a Quaker in Philadelphia, or Mr. Jefferson, of Virginia, ever asserted the rights of negroes in stronger terms. Young as I was, and ignorant as I was, I shuddered at the doctrine he taught; and I have all my lifetime shuddered, and still shudder, at the consequences that may be drawn from such premises. Shall we say, that the rights of masters and servants clash, and can be decided only by force? I adore the idea of gradual abolitions! But who shall decide how fast or how slowly these abolitions shall be made?"
[361] Hildreth, vol. ii. pp. 564, 565.
[362] Coffin says, "In October of 1773, an action was brought against Richard Greenleaf, of Newburyport, by Cæsar [Hendrick], a colored man, whom he claimed as his slave, for holding him in bondage. He laid the damages at fifty pounds. The council for the plaintiff, in whose favor the jury brought in their verdict and awarded him eighteen pounds' damages and costs, was John Lowell, Esq., afterward Judge Lowell. This case excited much interest, as it was the first, if not the only one of the kind, that ever occurred in the county."
[363] Hildreth, vol. ii, pp. 550, 551.
[364] Drake, p. 729, note.
[365] I use the English spelling,—Sommersett.
[366] Hildreth, vol. ii. p. 567.
[367] Bancroft, 12th ed. vol. iii. p. 412.
[368] Ancient Charters and Laws of Mass., pp. 745, 746.
[369] The following is from Felt's Salem, vol. ii. pp. 415, 416, and illustrates the manner in which the law was complied with: "1713. Ann, relict of Governor Bradstreet, frees Hannah, a negro servant. 1717, Dec. 21. William and Samuel Upton, of this town, liberate Thomas, who has faithfully served their father, John Upton, of Reading. They give security to the treasurer, that they will meet all charges, which may accrue against the said black man. 1721, May 27. Elizur Keyser does the same for his servant, Cato, after four years more, and then the latter was to receive two suits of clothes.... 1758, June 5. The heirs of John Turner, having freed two servants, Titus and Rebeckah, give bonds to the selectmen, that they shall be no public charge."
[370] John Adams's Works, vol. i. p. 51.
[371] Adams's Works, vol. i. p. 55.
[372] Drake, p. 525.
[373] The late Senator Sumner, in a speech delivered on the 28th of June, 1854, refers to this as "the earliest testimony from any official body against negro slavery." Even the weight of the senator's assertion cannot resist the facts of history. The "resolve" instructing the "representatives" was never carried; but, on the contrary, the next Act was the law of 1703 restricting manumission!
[374] Journal H. of R., 15, 16. General Court Records, x. 282.
[375] Slavery in Mass., p. 106.
[376] It was thought to be lost for some years, until Dr. George H. Moore secured a copy from George Brinley, Esq., of Hartford, Conn., and reproduced it in his Notes.
[377] History of Nantucket, p. 281.
[378] Coffin, p. 338; also History of Nantucket, pp. 279, 280.
[379] Coffin, p. 338.