History of the Negro Race in America from 1619 to 1880 Volume I Part 27

[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 Ma.s.sachusetts 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 Ma.s.s., p. 9.

[272] Ma.s.s. 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 s.h.i.+p 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 Ma.s.s., pp. 52, 23.

[279] Slavery in Ma.s.s., p. 13, note.

[280] Slavery in Ma.s.s., pp. 18, 19.

[281] Ibid., p. 12.

[282] Elliott's New-England Hist., vol. i. p. 383.

[283] Hildreth, vol. i. p. 278.

[284] Ma.s.s. 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, Ma.s.s. 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 pet.i.tion about the Mores was consented to, to be committed to the eld'rs, to enforme us of the mind of G.o.d herein, & then further to consider it."--_Ma.s.s.

Records_, vol. ii. p. 67.

[290] Bancroft, Centennial edition, vol. i. p. 137.

[291] Hildreth, vol. i. p. 282.

[292] The pet.i.tion 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 pet.i.tion, 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 a.s.sistante 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 G.o.d 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 G.o.d; 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 G.o.d, 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 G.o.d, 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 G.o.d._

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 G.o.d 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 pet.i.tion 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] Ma.s.s. Records, vol ii. p 129.

[298] Moore, Appendix, 251, _sq._

[299] Slavery in Ma.s.s., p. 30.

[300] Hildreth, vol. i. p, 282.

[301] Slavery in Ma.s.s., p. 49. See, also, Drake's Boston, p. 441, note.

[302] Ma.s.s. Hist. Coll., vol. viii. 3d Series, p. 337.

[303] Slavery in Ma.s.s., p. 50.

[304] Coll. Amer. Stat. a.s.so., vol. i. p. 586.

[305] Dougla.s.s's British Settlements, vol. i. p. 531.