claimed their servitude by right of purchase,
heirship, free gift, or otherwise, and they are
hereby entitled to all the freedom, rights, privileges
and immunities that do, or ought of right to
belong to any of the subjects of this State, any usage
or custom to the contrary notwithstanding.
“And be it Enacted, by the authority aforesaid, that all written deeds, bargains, sales or conveyances, or contracts without writing, whatsoever, for conveying or transferring any property in any person, or to the service and labor of any person whatsoever, of more than twenty-one years of age, to a third person, except by order of some court of record for some crime, that has been, or hereafter shall be made, or by their own voluntary contract for a term not exceeding seven years, shall be and hereby are declared null and void.
“And WHEREAS, divers persons now have in their service negroes, mulattoes or others who have been deemed their slaves or property, and who are now incapable of earning their living by reason of age or infirmities, and may be desirous of continuing in the service of their masters or mistresses,—be it therefore Enacted, by the authority aforesaid, that whatever negro or mulatto, who shall be desirous of continuing in the service of his master or mistress, and shall voluntarily declare the same before two justices of the County in which said master or mistress resides, shall have a right to continue in the service, and to a maintenance from their master or mistress, and if they are incapable of earning their living, shall be supported by the said master or mistress, or their heirs, during the lives of said servants, any thing in this act to the contrary notwithstanding.
“Provided, nevertheless, that nothing in this act shall be understood to prevent any master of a vessel or other person from bringing into this State any persons, not Africans, from any other part of the world, except the United States of America, and selling their service for a term of time not exceeding five years, if twenty-one years of age, or, if under twenty-one, not exceeding the time when he or she so brought into the State shall be twenty-six years of age, to pay for and in consideration of the transportation and other charges said master of vessel or other person may have been at, agreeable to contracts made with the persons so transported, or their patents or guardians in their behalf, before they are brought from their own country."[624]
On the back of the bill the following indorsement was written by some officer of the Legislature: “Ordered to lie till the second Wednesday of the next Session of the General Court.” This might have ended the struggle for the extinction of slavery in Massachusetts, had not the people at this time made an earnest demand for a State constitution. As the character of the constitution was discussed, the question of slavery divided public sentiment.