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Conceived in Liberty Volume 2 - Ludwig von Mises Institute

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chusetts Bay. Mather, Willard, and Wadsworth took care to denounce runn<strong>in</strong>g<br />

away as a grievous s<strong>in</strong>. And from the earliest days of the colony, Massachusetts<br />

law allowed the conscription of boats and horses <strong>in</strong> any chase after<br />

runaway labor.<br />

It is not surpris<strong>in</strong>g that protest and rebelliousness took different forms<br />

among different classes of servants. The protest of contracted servants who<br />

had friends or relatives <strong>in</strong> the colony tended to take the form of unruly<br />

behavior or of tak<strong>in</strong>g their case to the courts. The more alienated and<br />

oppressed Negroes and foreign servants tended to run away. Thus, from 1629<br />

through 1750 the latter class accounted for twenty-five percent of the cases of<br />

legal protest, but for sixty-n<strong>in</strong>e percent of the runaways. Only a few servants<br />

bothered to go to court, and runn<strong>in</strong>g away accounted for almost half of the<br />

recorded cases of protest, the latter grow<strong>in</strong>g with the shift <strong>in</strong> the type of<br />

forced labor dur<strong>in</strong>g the eighteenth century.* Here was a significant <strong>in</strong>dication<br />

that the propaganda of the Puritan apologists was becom<strong>in</strong>g <strong>in</strong>creas<strong>in</strong>gly <strong>in</strong>effective.<br />

Increas<strong>in</strong>gly, the unrul<strong>in</strong>ess of servants and slaves reduced the profitability<br />

of such labor for their masters. And Samuel Sewall po<strong>in</strong>ted out that the<br />

Negro's drive toward liberty made him a poor servant.<br />

In the midst of this general miasma of op<strong>in</strong>ion, some courageous voices<br />

were raised <strong>in</strong> behalf of liberty, even for Negroes. The em<strong>in</strong>ent merchant<br />

Judge Samuel Sewall wrote, <strong>in</strong> The Sell<strong>in</strong>g of Joseph (1700), that "liberty is<br />

a real value next to life"; despite the Fall, all men, as the sons of Adam,<br />

"have equal rights <strong>in</strong>to liberty." To the excuse that the Negroes had already<br />

been enslaved through wars <strong>in</strong> Africa, Sewall trenchantly replied that "an<br />

unlawful war can't make lawful captives. And by receiv<strong>in</strong>g we are <strong>in</strong> danger<br />

to promote and partake <strong>in</strong> their barbarous cruelties." Indeed, the excuse of<br />

humanitarianism for purchas<strong>in</strong>g Negro slaves r<strong>in</strong>gs th<strong>in</strong>; if true, the slave<br />

traders should have <strong>in</strong>stantly released their charges <strong>in</strong>stead of herd<strong>in</strong>g and<br />

dragg<strong>in</strong>g them at great cost <strong>in</strong> life to the New World.<br />

The Massachusetts Charter of 1691 had ensured religious liberty for all<br />

Protestants and had elim<strong>in</strong>ated the religious test for vot<strong>in</strong>g. An established<br />

church, however, was still permitted and the General Court quickly moved to<br />

establish a Puritan church <strong>in</strong> each town, to be supported by the taxpayers.<br />

The m<strong>in</strong>isters, however, were to be selected locally by the voters of each town,<br />

<strong>in</strong>clud<strong>in</strong>g nonmembers of the church. This system was quickly shifted to conf<strong>in</strong>e<br />

the choice of a m<strong>in</strong>ister to the church's members, subject to ratification by<br />

the town voters. Already, <strong>in</strong> 1694, opposition to the church by non-Puritans<br />

was block<strong>in</strong>g the ratification of m<strong>in</strong>isters, and a new Massachusetts law provided<br />

for ratification by a Council of Elders of several churches, which council<br />

could then override a negative vote by the town.<br />

Despite these props and privileges, however, the Puritan establishment<br />

*See Tower, oþ. c¡t., pp. 213 ff.<br />

20

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