rights of the people.  The latter desired a revision of the laws, and such modifications of the power and discretion of the magistrates as would be in sympathy with the spirit of personal liberty that pervaded the minds of the colonists.  But while the people sought to wrest an arbitrary power from the unwilling hands of their judges, they found no pity in their hearts for the poor Negroes in their midst, who, having served as slaves because of their numerical weakness and the passive silence of justice, were now to become the legal and statutory vassals—­for their life-time—­of a liberty-loving and liberty-seeking people!  In the famous “Body of Liberties” is to be found the first statute establishing slavery in the United States.  It is as follows:—­

“It is ordered by this court, and the authority thereof; that there shall never be any bond slavery, villainage or captivity amongst us, unless it be lawful captives taken in just wars, as willingly sell themselves or are sold to us, and such shall have the liberties and christian usage which the law of God established in Israel concerning such persons doth morally require; provided this exempts none from servitude, who shall be judged thereto by authority."[278]

We have omitted the old spelling, but none of the words, as they appeared in the original manuscript.  There isn’t the shadow of a doubt but what this law has been preserved inviolate.[279]

There has been considerable discussion about the real bearing of this statute.  Many zealous historians, in discussing it, have betrayed more zeal for the good name of the Commonwealth than for the truth of history.  Able lawyers—­and some of them still survive—­have maintained, with a greater show of learning than of facts, that this statute abolished slavery in Massachusetts.  But, on the other hand, there are countless lawyers who pronounce it a plain and unmistakable law, “creating and establishing slavery.”  An examination of the statute will help the reader to a clear understanding of it.  To begin with, this law received its being from the existent fact of slavery in the colony.  From the practice of a few holding Negroes as slaves, it became general and prodigious.  Its presence in society called for lawful regulations concerning it.  While it is solemnly declared “that there shall never be any bond slavery, villianage, or captivity” in the colony, there were three provisos; viz., “lawful captives taken in just wares,” those who would “sell themselves or are sold to us,” and such as “shall be judged thereto by authority.”  Under the foregoing conditions slavery was plainly established in Massachusetts.  The “just wares” were the wars against the Pequod Indians.  That these were made prisoners and slaves, we have the universal testimony of all writers on the history of Massachusetts.  Just what class of people would “sell themselves” into slavery we are at a loss to know!  We can, however, understand the meaning of the words, “or are sold to us.”  This was an open door for the traffic in human beings; for it made it lawful for to sell slaves to the colonists, and lawful for the latter to purchase them.  Those who were “judged thereto by authority” were those in slavery already and such as should come into the colony by shipping.