3. [Domestic slave] That condition in which one man is subject to be directed by another in all his actions; and this constitutes a state of domestic slavery; to which state all the incapacities and disabilities of civil slavery are incident, with the weight of other numerous calamities superadded thereto.
III. Slavery as an American problem
The first introduction of it into Virginia was by the arrival of a Dutch ship from the coast of Africa having twentt negroes on hoard, who were sold here in the year 1620. In the year 1638 we find them in Massachusetts. They were introduced into Connecticut soon after the settlement of that colony; that is to say, about the same period. Thus early had our forefathers sown the seeds of an evil, which, like a leprosy, hath descended upon their posterity with accumulated rancour, visiting the sins of the fathers upon succeeding generations.-The climate of the northern states less favourable to the constitution of the natives of Africa than the southern, proved alike unfavourable to their propagation, and to the increase of their numbers by importants. As the southern colonies advanced in population, not only importations increased there, but Nature herself, under a climate more congenial to the African constitution, assisted in multiplying the blacks in those parts, no less than in diminishing their numbers in the more rigorous climates to the north; this influence of climate, more over, contributed extremely to increase or diminish the value of the slave to the purchasers, in the different colonies. White labourers, whose constitutions were better adapted to the severe winters of the New England colonies, were there found to be preferable to the negroes, who, accustomed to the influence of an ardent sun, became almost torpid in those countries, not less adapted to give vigor to their laborious exercises, than unfavorable to the multiplication of their species.... The great increase of slavery in the southern, in proportion to the northern states in the union, is therefore not attributable, solely, to the effect of sentiment, but to natural causes; as well as those considerations of profit, which have, perhaps, an equal influence over the conduct of mankind in general, in whatever country, or under whatever climate their destiny bath placed them. What else but considerations of this nature could have influenced the merchants of the freest nation, at that time in the world, to embark in so nefarious a traffic, as that of the human race, attended, as the African slave trade has been, with the most atrocious aggravations of cruelty, perfidy, and intrigues, the objects of which have been the perpetual formentation of predatory and intestine wars? What, but similar considerations, could prevail on the government of the same country, even in these days, to patronized a commerce so diametrically opposite to the generally received maxims of that government.
IV. Method for the elimination of slavery
The extirpation of slavery from the United States is a task equally arduous and momentous. To restore the blessings of liberty to near a million of oppressed individuals, who have groaned under the yoke of bondage, and to their descendants, is an object, which those who trust in Providence, will be convinced would not be unaided by the divine Author of our being, should we invoke his blessing upon our endeavours. Yet human prudence forbids that we should precipitately engage in a work of such hazard as a general and simultaneous emancipation. The mind of man must in some measure be formed for his future condition. The early impressions of obedience and submission, which slaves have received among us, and the no less habitual arrogance and assumption of superiority, among the whites, contributes, equally, to unfit the former for freedom, and the latter for equality.... To discharge the [slaves] from their present condition, would be attended with an immediate general famine, in those parts of the United States, from which not all the productions of the other states, could deliver them; similar evils might reasonably be apprehended from the adoption of the measure by any one of the southern states; for in all of the proportion of slaves is too great, not to be attended with calamitous effects, if they were immediately set free. These are serious ... obstacles to a general, simultaneous emancipation.-There are other considerations not to he disregarded. A great part of the property of individuals consists in slaves. The laws have sanctioned this species of property. Can the laws take away the property of an individual without his own consent, or without just compensation: Will those who do not hold slaves agree to be taxed to make this compensation? Creditors also, who have trusted their debtors upon the faith of this visible property will be defrauded. If justice demands the emancipation of the slave, she also, under these circumstances, seems to plead for the owner and for his creditor. . .. Must we then quit the subject, in despair of the success of any project for the amendment of their, as well as our own condition? I think not.-Strenuously as I feel my mind opposed to a simultaneous emancipation, for the reasons already mentioned, the abolition of slavery in the United States, and especially in that state, to which I am attached by every tie that nature and society form, is now my first and probably be my last, expiring wish.... The abolition of slavery may be effected without the emancipation of a single slave; without depriving any man of the property which he possesses, and without defrauding a creditor who has trusted him on the faith of that property. The experiment in that mode has already been begun in some of our sister states. Pennsylvania, under the auspices of the immortal Franklin, begun the work of gradual abolition of slavery in the year of 1780, by enlisting nature herself, on the side of humanity. Connecticut followed the example four years after.
V. Discrimination against free people of color
This species of slavery also exists whenever there is an inequality of rights, or privileges, between the subjects or citizens of the same state, except such as necessarily result from the exercise of a public officer; for the pre-eminence of one class of men must be founded and erected upon the depression of another; and the measure of exaltation in the former, is that of the slavery of the latter. In all governments, however constituted, or by what description soever denominated, wherever the distinction of rank prevails, or is admitted by the constitution, this species of slavery exists. It existed in every nation, and in every government in Europe before the French revolution. It existed in the American colonies before they became independent states; and notwithstanding the maxims of equality which have been adopted in their several constitutions, it exists in most, if not all, of them, at this day, in the persons of our free negroes and mulattoes; whose civil incapacities are almost as numerous as the civil rights of our free citizens.
In the preceding texts, St. George Tucker challenged Americans to deal not only with the institution of slavery and its elimination but also with laws that discriminated against people solely on the basis of color. Note how differently Tucker and the Radical Abolitionists dealt with the issue of slavery. Tucker viewed the ownership of slaves and the slave trade as an American problem, not a Southern problem. Tucker, unlike the Radical Abolitionists, did not condemn the slaveholder as a sinner; rather he attempted to enlist the slaveholder as an ally in the cause of freedom. Tucker, unlike the Radical Abolitionists, understood that it would take time to prepare both the slave and white society for black freedom. Note also that Tucker, even while pursuing freedom for the slave, recognized that in the pursuit of good, bad policy should not be pursued-thus, his recognition of the rights of property for both the slaveholder and his creditor (many of whom were Northern banks). How happy would have been our national existence if we as a nation had followed Tucker's plan for the elimination of the curse of slavery from America. Even happier would we be if as a nation today, we would endeavor to eliminate the first two forms of slavery identified by Tucker. Regardless of the type- political slavery, civil slavery, or domestic slavery-slavery is a curse to any people and therefore must be opposed by those who believe in the God-given rights of "life, liberty, and the pursuit of happiness."
ADDENDUM II
Early Anti-Slavery Tract
The following, according to George H. Moore in Notes on the History of .Slavery in Massachusetts, is a complete text of Judge Samuel Sewell's pa
mphlet written in opposition to slavery in Massachusetts. This tract was written in 1700, or approximately sixty years after slavery and the slave trade had been established in Massachusetts. Judge Sewell did not succeed in his efforts to abolish slavery and the slave trade in that state. For as Moore declares, "[Slavery and the slave trade] continued . . . long after he `slept with his fathers."" Judge Saffins' reply to this tract can be found in Chapter 2. These two tracts by well-respected members of Massachusetts society demonstrate the difficulty faced by slaveholding societies in abolishing slavery. It was eighty years after the publication of Sewell's antislavery tract before Massachusetts began abolishing slavery. During this time, and for an additional forty years thereafter, it continued to be a leading member of America's slave-trading community. As was demonstrated by the United States Supreme Court in Plessey v. Ferguson, even though Massachusetts abolished slavery early in its history, it did not offer equal rights to its free people of color. The arguments made by judge Sewell in opposition to slavery and by Judge Saffin in the defense of slavery echo through time. As demonstrated in Chapter 3, some of the same points debated by two of Massachusetts's judges in 1700 were being argued in 1840 by Rev..J. Blanchard and Rev. N. L. Rice in Ohio. These facts demonstrate the difficulty faced by America in the transition from chattel and civil slavery to equality before the law. Nevertheless, the transition has been made and should be a point of celebration for all Americans.
THE SELLING OF JOSEPH, A MEMORIAL2
By the Hon'ble Judge Sewell in New England
FORASMUCH as LIBERTY is in real value next unto Life; None ought to part with it themselves, or deprive others of it, but upon most mature consideration.
The Numerousness of Slaves at this Day in the Province, and the Uneasiness of them under their Slavery, hath put many upon thinking whether the Foundation of it be firmly and well laid; so as to sustain the Vast Weight that is built upon it. It is most certain that all Men, as they are the Sons of Adam, are Co-heirs, and have equal Right unto Liberty, and all other outward Comforts of Life. God hath given the Earth [with all its commodities] unto the Sons of Adam, Psal., 115, 16. And hath made of one Blood all Nations of Men, for to dwell on all the face of the Earth, and hath determined the Times before appointed, and the bounds of their Habitation: That they should seek the Lord. Forasmuch then as we are the Offspring of God, &c. Acts 17:26, 27,29. Now, although the Title given by the last Adam doth infinitely better Men's Estates, respecting God and themselves; and grants them a most beneficial and inviolable Lease under the Broad Seal of Heaven, who were before only Tenants at Will; yet through the Indulgence of God to our First Parents after the Fall, the outward Estate of all and every of their Children, remains the same as to one another. So that Originally, and Naturally, there is no such thing as Slavery. Joseph was rightfully no more a Slave to his Brethren, than they were to him; and they had no more Authority to Sell him, than they had to Slay him. And if they had nothing to do to sell him; the Ishmaelites bargaining with them, and paying down Twenty pieces of Silver, could not make a Title. Neither could Potiphar have any better Interest in him than the Ishmaelites had. Gen. 37, 20, 27, 28. For he that shall in this case plead Alteration of Property, seems to have forfeited a great part of his own claim to Humanity. There is no proportion between Twenty Pieces of Silver and LIBERTY. The Commodity itself is the Claimer. If Arabian Gold be imported in any quantities, most are afraid to meddle with it, though they might have it at easy rates; lest it should have been wrongfully taken from the Owners, it should kindle a fire to the Consumption of their whole Estate. 'Tis pity there should be more Caution used in buying a Horse, or a little lifeless dust, than there is in purchasing Men and Women: Whereas they are the Offspring of God, and their Liberty is,
Auro pretiosior Omni.
And seeing God bath said, He that stealeth a Man, and selleth him, or if he be found in his Hand, he shall surely be put to Death. Exod. 21, 16. This Law being of Everlasting Equity, wherein Man-Stealing is ranked among the most atrocious of Capital Crimes: What louder Cry can there be made of that Celebrated Warning.
Caveat Emptor!
And all things considered, it would conduce more to the Welfare of the Province, to have White Servants for a Term of Years, than to have Slaves for Life. Few can endure to hear of a Negro's being made free; and indeed they can seldom use their Freedom well; yet their continual aspiring after their forbidden Liberty, renders them Unwilling Servants. And there is such a disparity in their Conditions, Colour, Hair, that they can never embody with us, & grow up in orderly Families, to the Peopling of the Land; but still remain in our Body Politick as a kind of extravasat Blood. As many Negro Men as there are among us, so many empty Places are there in our Train Bands, and the places taken up of Men that might make Husbands for our Daughters. And the Sons and Daughters of New England would become more like Jacob and Rachel, if this Slavery were thrust quite out of Doors. Moreover it is too well known that Temptations Masters are under, to connive at the Fornication of their Slaves; lest they should be obliged to find them Wives, or pay their Fines. It seems to be practically pleaded that they might be lawless; 'tis thought much of, that the Law should have satisfaction for their Thefts, and other Immoralities; by which means, Holiness to the Lord is more rarely engraven upon this sort of Servitude. It is likewise most lamentable to think, how in taking Negroes out of Africa, and selling of them here, That which God had joined together, Men do boldly rend asunder; Men from their Country, Husbands from their Wives, Parents from their Children. How horrible is the Uncleanness, Mortality, if not Murder, that the Ships are guilty of that bring great Crouds of these miserable Men and Women. Methinks when we are bemoaning the barbarous Usage of our Friends and Kinsfolk in Africa, it might not be unreasonable to enquire whether we are not culpable in forcing the Africans to become Slaves amongst ourselves. And it may be a question whether all the Benefit received by Negro Slaves will balance the Account of Cash laid out upon them; and for the Redemption of our own enslaved Friends out of Africa. Besides all the persons and Estates that have perished there.
Obj. 1. These Blackamores are of the Posterity of Cham, and therefore are under the curse of Slavery. Gen. 9, 25, 26, 27.
Ans. Of all Offices, one would not beg this; viz. Uncall'd for, to be an Executioner of the Vindictive Wrath of God; the extent and duration of which is to us uncertain. If this ever was a Commission; How do we know but that it is long since out of Date? Many have found it to their Cost, that a Prophetical Denunciation of judgement against a Person or People, would not warrant them to inflict that evil. If it would, Hazael might justify himself in all he did against his master, and the Israelites from 2 Kings 8, 10, 12.
But it is possible that by cursory reading, this Text may have been mistaken. For Canaan is the Person Cursed three times over, without the mentioning of Cham. Good Expositors suppose the Curse entailed on him, and that this Prophesie was accomplished in the Extirpation of the Canaanites, and in the Servitude of the Gibeonites. Vide Pareum. Whereas the Blackamores are not descended of Canaan, but of Cush. Psal. 68, 31. Princes shall come out of Egypt [Mizraim]. Ethiopia [Cush] shall soon Stretch out her hands unto God. Under which Names, all Africa may be comprehended; and their Promised Conversion ought to be prayed for. fer. 13, 23. Can the Ethiopian change his Skin? This shows that Black Men are the Posterity of Cush. Who time out of mind have been distinguished by their Colour. And for want of the true, Ovid assigns a fabulous cause of it.
Sanguinetum credunt in corpora summa vocato
Ethiopum populos nigrum traxisse colorem.
Metamorph. lib. 2.
Obj. 2. The Nigers are brought out of a Pagan Country, into places where the Gospel is preached.
Ans. Evil must not be done, that good may come of it. The extraordinary and comprehensive Benefit accruing to the Church of God and to Joseph personally, did not rectify his Brethren's Sale of him.
Obj. 3. The Africans have Wars one with another: Our Ships bring lawful Captives take
n in those wars.
Ans. For aught is known, their Wars are much as were between Jacob's Sons and their Brother Joseph. If they be between Town and Town: Provincial or National; Every War is upon one side Unjust. An Unlawful War can't make lawful Captives. And by receiving, we are in danger to promote, and partake in their Barbarous Cruelties. I am sure, if some Gentlemen should go down to the Brewsters to take the Air, and Fish; And a stronger Party from Hull should surprise them, and sell them for Slaves to a Ship outward bound; they would think themselves unjustly dealt with; both by Sellers and Buyers. And yet 'tis to be feared, we have no other Kind of Title to our Nigers. There all things whatsoever ye would that men should do to you, do you even so to them: for this is the Law and Prophets. Matt. 7, 12.
Obj. 4. Abraham had Servants bought with his Money and born in his House.
Ans. Until the Circumstances of Abraham's purchase be recorded, no Argument can be drawn from it. In the mean time, Charity obliges us to conclude, that He knew it was lawful and good.
It is Observable that the Israelites were strictly forbidden the buying or selling one another for Slaves. LEVIT 25. 39. 46. jer. 34. 8-22. And God gaged His Blessing in lieu of any loss they might conceit they suffered thereby, Deut. 15. 18. And since the partition Wall is broken down, inordinate Self-love should likewise be demolished. God expects that Christians should carry it to all the World, as the Israelites were to carry it one towards another. And for Men obstinately to persist in holding their Neighbours and Brethren under the Rigor of perpetual Bondage, seems to be no proper way of gaining Assurance that God has given them Spiritual Freedom. Our Blessed Saviour has altered the Measures of the ancient Love Song, and set it to a most Excellent New time, which all ought to be ambitious of Learning. Matt. 5. 43. 44. John 13. 34. These Ethiopians, as black as they are, seeing they are the Sons and Daughters of the First Adam, the Brethren and Sisters of the Last ADAM, and the Offspring of God; They ought to be treated with a Respect agreeable.
Myths of American Slavery Page 28