the labor or skill of the people. Civil war seemed
inevitable. Thoughtful men began to consider the
question as to which party the Negroes of the colony
would contribute their strength. It was no idle
question to determine whether the Negroes were Tories
or Whigs. As early as 1750 the questions as to
the legality of holding Negroes in slavery in British
colonies began to be discussed in England and New
England. “What, precisely, the English law
might be on the subject of slavery, still remained
a subject of doubt."[358] Lord Holt held that slavery
was a condition unknown to English law,—that
the being in England was evidence of freedom.
This embarrassed New-England planters in taking their
slaves to England. The planters banded for their
common cause, and secured the written opinion of Yorke
and Talbot, attorney and solicitor general of England.
They held that slaves could be held in England
as well as in America; that baptism did not confer
freedom: and the opinion stood as sound law for
nearly a half-century.[359] The men in England who
lived on the money wrung from the slave-trade, the
members of the Royal African Company, came to the
rescue of the institution of slavery. In order
to maintain it by law in the American colonies, it
had to be recognized in England. The people of
Massachusetts took a lively interest in the question.
In 1761, at a meeting “in the old court-house,”
James Otis,[360] in a speech against the “writs
of assistance,” struck a popular chord on the
questions of “The Rights of the Colonies,”
afterwards published (1764) by order of the Legislature.
He took the broad ground, “that the colonists,
black and white, born here, are free-born British
subjects and entitled to all the essential rights of
such."[361] In 1766 Nathaniel Appleton and James Swan
distinguished themselves in their defence of the doctrines
of “liberty for all.” It became the
general topic of discussion in private and public,
and country lyceums and college societies took it
up as a subject of forensic disputation.[362] In the
month of May, 1766, the representatives of the people
were instructed to advocate the total abolition of
slavery. And on the 16th of March, 1767, a resolution
was offered to see whether the instructions should
be adhered to, and was unanimously carried in the
affirmative. But it should be remembered that
British troops were in the colony, in the streets of
Boston. The mutterings of the distant thunder
of revolution could be heard. Public sentiment
was greatly tempered toward the Negroes. On the
31st of May, 1609, the House of Representatives of
Massachusetts resolved against the presence of troops,
and besought the governor to remove them. His
Excellency disclaimed any power under the circumstances
to interfere. The House denounced a standing
army in time of peace, without the consent of the
General Court, as “without precedent, and unconstitutional."[363]
In 1769 one of the courts of Massachusetts gave a
decision friendly to a slave, who was the plaintiff.
This stimulated the Negroes to an exertion for freedom.
The entire colony was in a feverish state of excitement.
An anonymous Tory writer reproached Bostonians for
desiring freedom when they themselves enslaved others.