This is an anti-slavery document by Massachussetts Judge
Samuel Sewall, published in 1700
The Selling of Joseph
Forasmuch as Liberty is in real
value next unto Life: None ought
to part withit 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, haht 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 ; and
have equal Right unto Liberty, and all other outward Comforts of Life. God hat
the Earth [with all its Commodities] unto the Sons of Adam, Pal 115.16. And hat
made of One Blood, all Nations of Men, for to dwell on all the face of the
earth, and hat 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. Act 17.26, 27, 29. Now although the Title given by the
last ADAM, doth infinitely better Mens 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 the
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, then 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 it self is the Claimer. If Arabian Gold be imported in
any quantities, most are afraid to meddle with it, though they might have it a
easy rates; lest if it should have been wrongfully taken from the Owners, it
should kindle a fire to the Consumption of their whole estate. ŒTis pity there
should be more Caution used in buying a Horse, or a little lifeless dust; than
there is in purchasing Men and Women: Whenas they are the Offspring of GOD, and
their Liberty is,
....Auro pretiosior Omni.
And seeing GOD hat 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. 12.16. This Law being
of Everlasting Equity, wherein Man Stealing is ranked amongst the most
atrocious of Capital Crimes: What louder Cry can there be made of the
Celebrated Warning,
Caveat Emptor!
And all thing 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, renders
them Unwilling Servants. And there is such a disparity in their Conditions,
Color & Hair, that they can never embody with us, and grow up into orderly
Families, to the Peopling of the Land: but still remain in our Body Politic as
a kind of extravasat Blood. As many Negro men as there are among us, so many
empty places there are 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 what Temptations Masters are
under, to connive at the Fornification 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; Œtis thought much fo, 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 thin, how in taking Negros out of Africa, and
selling of them here, That which GOD has joined together men to 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 unseasonable to enquire wheter we are not culpable
in forcing the Africans to become Slaves amongst our selves. And it may be a
questions whether all the Benefit received by Negro Slaves, will balance the
Accompt of Cash laid out upon them; and for the Redemption of our own enlstaved
Friends out ofAfrica. 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.
Answ. Of all Offices, one would not begg this; viz. Uncall'd for, to be an
Executioner fo 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 Balckmores are not descended
of Canaan, but of Cush. Psal. 68.31. Princes shall come our to Egypt [Mizraim]
Ethopia [Cush] shall soon stretch out her hands unto God. Under which Names,
all Aftrica may be comprehended; and the Promised Conversion ought to be prayed
for. Jer. 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.
Sanguine tum credunt in corpora cumma vacato Aethiopum populous nigrum traxisse
coleorm. Metomorph. lib.2.
Obj. 2. The Nigers are brought out of a pagan country, into places where the
Gospel is Preached.
Answ. 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 brethrens Sale of him.
Obj. 3 The Africans have Wars with one another: our Ships bring lawful Captives
taken in those Wars.
Answ. For ought is known, their Wars are much such 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. As 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 Œtil
to be feared, we have no other kind of Title to our Nigers. Therefore all
things whatsoever ye would that men should do to you, do ye even so to them:
for this is the Law and the Prophets. Matt. 7.12.
Obj. 4 Abraham had servants bought with his Money, and born in his House.
Answ. 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 of one another for Slaves. Livit. 25.39, 46. Jer.34.8.....22. And GOD
gages His Blessing in lieu of any loss they might conceipt 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 be
of a more Ingenuous and benign frame of spirit.
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 Tune, 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 Sister of the
Last ADAM, and the Offspring of GOD; They ought to be treated with Respect
agreeable.
Servitus perfect voluntaria, inter Christianum & Christiainum, ex parte
servi patientis saepe est licita quia est necessaria; sed ex parte domini
agentis, & prcodurando & exercendo, vis potestesse licita; quia non
convenit regulae illi generali: Quecunque volueritis ut faciant vobis homines,
ita & vos facite eis. Matt. 7.12.
Perfecta servitus poenae, non potest jure locim havere, nisi ex delicto gravi
quod ultimum supplicum aliquo modo meretur; quia Libertas ex naturali
aestimatione proxime accedit ad vitam ipsam, & eidem a multis praeferri
solet.
Ames. Cas. Consc. Lib. 5
Cap. 23 Thes. 2, 3
BOSTON of the Massachusets
Printed by Bartholomew Green, and John Allen, June 24th, 1700.