Page:Notes on the History of Slavery - Moore - 1866.djvu/29

 with whom he lived about five weeks, when he enlited into the three-years' ervice, and his lat owner received the whole of his bounty and part of his wages.

for uch was the name of this revolutionary patriot, in 1806 was "poor," and "had become chargeable" to the town in which he reided. That town magnanimouly truggled through all the Courts, from the Justices Court up to the Supreme Court of the Commonwealth, to hift the reponsibility for the maintenance and upport of the old oldier from itelf to one of the numerous other towns in which he had ojourned from time to time as the lave of his eleven maters. The attempt was unuccesful; but it is worthy of notice, as Chief Jutice Parons, in the deciion on the appeal, ettled everal very important points concerning the laws of lavery in Maachuetts. He said:

"Slavery was introduced into this country [Maachuetts] oon after its firt ettlement, and was tolerated until the ratification of the preent Contitution [the Contitution of 1780]. … The iue of the female lave, according to the maxim of the Civil law, was the property of her mater."

With regard to this latter point, Chief Jutice Dana, in directing a jury, in 1796, had tated as the unanimous opinion of the Court, that a negro born in the State before the Contitution of 1780, was born free, although born of a female lave.

Chief Jutice Parons, however, candidly declared that "it is very certain that the general practice and common uage had been oppoed to this opinion."