It will thus be seen that these early attempts to introduce slavery into New England were opposed by severe laws and by that strong popular sentiment in favor of human liberty which characterized the Christian radicals who laid the foundations of the Colonies. It was not the rigor of her Northern winter, nor the unkindly soil of Massachusetts, which discouraged the introduction of slavery in the first half-century of her existence as a colony. It was the Puritan's recognition of the brotherhood of man in sin, suffering, and redemption, his estimate of the awful responsibilities and eternal destinies of humanity, his hatred of wrong and tyranny, and his stern sense of justice, which led him to impose upon the African slave-trader the terrible penalty of the Mosaic code.
But that brave old generation passed away. The civil contentions in the mother country drove across the seas multitudes of restless adventurers and speculators. The Indian wars unsettled and demoralized the people. Habits of luxury and the greed of gain took the place of the severe self- denial and rigid virtues of the fathers. Hence we are not surprised to find that Josselyn, in his second visit to New England, some twenty-five years after his first, speaks of the great increase of servants and negroes. In 1680 Governor Bradstreet, in answer to the inquiries of his Majesty's Privy Council, states that two years before a vessel from Madagasca "brought into the Colony betwixt forty and fifty negroes, mostly women and children, who were sold at a loss to the owner of the vessel." "Now and then," he continues, "two or three negroes are brought from Barbadoes and other of his Majesty's plantations and sold for twenty pounds apiece; so that there may be within the government about one hundred or one hundred and twenty, and it may be as many Scots, brought hither and sold for servants in the time of the war with Scotland, and about half as many Irish."
The owning of a black or white slave, or servant, at this period was regarded as an evidence of dignity and respectability; and hence magistrates and clergymen winked at the violation of the law by the mercenary traders, and supplied themselves without scruple. Indian slaves were common, and are named in old wills, deeds, and inventories, with horses, cows, and household furniture. As early as the year 1649 we find William Hilton, of Newbury, sells to George Carr, "for one quarter part of a vessel, James, my Indian, with all the interest I have in him, to be his servant forever." Some were taken in the Narragansett war and other Indian wars; others were brought from South Carolina and the Spanish Main. It is an instructive fact, as illustrating the retributive dealings of Providence, that the direst affliction of the Massachusetts Colony—the witchcraft terror of 1692—originated with the Indian Tituba, a slave in the family of the minister of Danvers.
In the year 1690 the inhabitants of Newbury were greatly excited by the arrest of a Jerseyman who had been engaged in enticing Indians and negroes to leave their masters. He was charged before the court with saying that "the English should be cut off and the negroes set free." James, a negro slave, and Joseph, an Indian, were arrested with him. Their design was reported to be, to seize a vessel in the port and escape to Canada and join the French, and return and lay waste and plunder their masters. They were to come back with five hundred Indians and three hundred Canadians; and the place of crossing the Merrimac River, and of the first encampment on the other side, were even said to be fixed upon. When we consider that there could not have been more than a score of slaves in the settlement, the excitement into which the inhabitants were thrown by this absurd rumor of conspiracy seems not very unlike that of a convocation of small planters in a backwoods settlement in South Carolina on finding an anti-slavery newspaper in their weekly mail bag.
In 1709 Colonel Saltonstall, of Haverhill, had several negroes, and among them a high-spirited girl, who, for some alleged misdemeanor, was severely chastised. The slave resolved upon revenge for her injury, and soon found the means of obtaining it. The Colonel had on hand, for service in the Indian war then raging, a considerable store of gunpowder. This she placed under the room in which her master and mistress slept, laid a long train, and dropped a coal on it. She had barely time to escape to the farm-house before the explosion took place, shattering the stately mansion into fragments. Saltonstall and his wife were carried on their bed a considerable distance, happily escaping serious injury. Some soldiers stationed in the house were scattered in all directions; but no lives were lost. The Colonel, on recovering from the effects of his sudden overturn, hastened to the farm-house and found his servants all up save the author of the mischief, who was snug in bed and apparently in a quiet sleep.
In 1701 an attempt was made in the General Court of Massachusetts to prevent the increase of slaves. Judge Sewall soon after published a pamphlet against slavery, but it seems with little effect. Boston merchants and ship-owners became, to a considerable extent, involved in the slave-trade. Distilleries, established in that place and in Rhode Island, furnished rum for the African market. The slaves were usually taken to the West Indies, although occasionally part of a cargo found its way to New England, where the wholesome old laws against man-stealing had become a dead letter on the statute-book.
In 1767 a bill was brought before the Legislature of Massachusetts to prevent "the unwarrantable and unnatural custom of enslaving mankind." The Council of Governor Bernard sent it back to the House greatly changed and curtailed, and it was lost by the disagreement of the two branches. Governor Bernard threw his influence on the side of slavery. In 1774 a bill prohibiting the traffic in slaves passed both Houses; but Governor Hutchinson withheld his assent and dismissed the Legislature. The colored men sent a deputation of their own to the Governor to solicit his consent to the bill; but he told them his instructions forbade him. A similar committee waiting upon General Gage received the same answer.
In the year 1770 a servant of Richard Lechmere, of Cambridge, stimulated by the general discussion of the slavery question and by the advice of some of the zealous advocates of emancipation, brought an action against his master for detaining him in bondage. The suit was decided in his favor two years before the similar decision in the case of Somerset in England. The funds necessary for carrying on this suit were raised among the blacks themselves. Other suits followed in various parts of the Province; and the result was, in every instance, the freedom of the plaintiff. In 1773 Caesar Hendrick sued his master, one Greenleaf, of Newburyport, for damages, laid at fifty pounds, for holding him as a slave. The jury awarded him his freedom and eighteen pounds.
According to Dr. Belknap, whose answers to the queries on the subject, propounded by Judge Tucker, of Virginia, have furnished us with many of the facts above stated, the principal grounds upon which the counsel of the masters depended were, that the negroes were purchased in open market, and included 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.