CHAPTER II

PROBLEMS OF CITIZENSHIP

"Having no vote or Influence in the Election of those that Tax us yet

many of our Colour (as is well known) have Cherfully Entered the field

of Battle in the defense of the Common Cause and that (as we conceive)

against a similar Exertion of Power (in Regard to taxation) too well

known to need a Recital in this place," voicing this sentiment, John

and Paul Cuffe and others sent a petition for relief to the General

Court, Massachusetts Bay, February 10, 1780. Such requests, however,

were not new. At the beginning of the American Revolution there were

probably about 7,000 Negroes, slave and free, in Massachusetts.

About 1,500 lived in Boston. A petition, signed by Prince Hall and

others, praying for the abolition of slavery, was presented to the

General Court of Massachusetts Bay in 1777. Another petition dated

February 18, 1780, embodies a pathetic and earnest appeal for relief

from taxation. It is preserved in the manuscript collection of the

Commonwealth of Massachusetts and is signed by John and Paul Cuffe and

five others.[10] A copy is with the Cuffe papers. There are two other

copies among these papers, both shorter in form, and dated January 22,

1781.

On one of the duplicate petitions in the Cuffe papers there is a

notation signed by John Cuffe. "This is the copy," it records, "of the

petition which we did deliver unto the honorable Council and House

for relief from Taxation in the days of our distress. But we received

none."

The petition recites that they were in poor circumstances. When slaves

they were deprived of the profits of their labor and of the benefits

of inheritance. So distressed were they at this time that only five

or six owned a cow. They could not meet the taxes assessed against

them. They were aggrieved because they had no vote either in local

or colonial affairs and nobody had ever heard of one of their number

sitting in the Court of the General Assembly. The petitioners most

humbly requested the Massachusetts General Court to grant them relief

from taxation.

Interest in the Cuffe brothers is now transferred from the State

capitol to Bristol County,[11] where these men were indefatigable in

their efforts to obtain relief. Late in 1780 a petition was made "To

the Honble the Justices of the Court of General Sessions of the peace

begun and held at Taunton within and for the County of Bristol." The

petitioners ask relief from taxation on the grounds that they are

"Indian men and by law not the subjects of Taxation for any Estate

Real or personal and Humbly Pray your Honors that as they are assessed

jointly a Double Poll Tax and the said Paul is a minor for whom the

Said John is not by law answerable or chargeable that the said Poll

Taxes aforesaid and also all and regular Taxes aforesaid on their and

Each of their Real and personal Estate aforesaid, may be abated to

them and they allowed their Reasonable Costs."

The taxes for which complaint was made were for the years 1777 to

1780 inclusive, and amounted to about two hundred pounds. They were

heaviest for the years 1779 and 1780. The assessors, then, on December

15, gave Richard Collins, constable of Dartmouth, a warrant for

the arrest of the Cuffe brothers. It recites that their taxes were

delinquent for

1778: 5 lbs. 17s. 6d.

1779: 9 lbs. 2s. 8d.

29 lbs. 16s. 10-1/2d.

29 lbs. 18s. 9d.

1780: 61 lbs. 18s. 4d.

17 lbs. 7s. 5/25d.

-----

Grand total: 154 lbs. 1s. 1-7/10d.

The assessors found no estate on which to levy for the taxes. In

the name of the Commonwealth of Massachusetts Bay, therefore, they

required the "said Richard Collens to take into safe custody the body

of the said John and Paul Cuffe and then commit to the common gaol of

the said County of Bristol there to remain until they, the said John

and Paul Cuffe shall pay and satisfy the above sum with all necessary

charges" or be discharged by due process of law. The constable

followed the instructions and reported on December 19 that he had

placed the Cuffe brothers in the common gaol in Taunton. For this

service, including travel for twenty-five "milds," he turned in a bill

of twelve shillings, nine pence.

The next step in the legal battle was on the part of the Cuffe

brothers. The keeper of the gaol or his underkeeper was directed

on the nineteenth of December in the "Name of the Commonwealth of

Massachusetts to have the bodies of John and Paul Cuffe said to be

Indian men whom you have now in keeping before the Justices of our

Inferior Court of Common Pleas now holden at Taunton for said County

together with the cause of their and each of their Commitiment

and Detention. Hereof fail not and make Return of this writ with

your doings therein. Witness Walter Spooner Esqr." Elijah Dean,

underkeeper, produced the two men on the same day that he received the

writ of habeas corpus.

When the Court of General Sessions of the Peace met on the nineteenth

of December it ordered on the petition of John and Paul Cuffe that

the assessors of Dartmouth appear at the next term to show cause,

wherefore the Prayer of said Petition should not be granted. The order

was given to the sheriff of Bristol County on the twenty-ninth of

December. The assessors, Benjamin Russell, Richard Kriby, Christopher

Gifford, and John Smith were accordingly summoned by Elijah Dean. He

served the warrant on the twenty-sixth of February and recorded his

fee as twenty-four pence.

Meanwhile, on the twentieth of February the selectmen of Dartmouth

were called on to choose an agent to defend the action against the

Cuffe brothers. At their annual meeting on the eighth of March the

Honorable Walter Spooner, a member of the Massachusetts Constitutional

Convention 1780, was chosen in behalf of the town to make answer

to the petitioners in question. At the March meeting the case was

continued and came up for action at the next meeting of the court.

In the meantime, John and Paul Cuffe made a request to the selectmen

of Dartmouth. In the Cuffe papers three such requests are preserved.

The one dated the twenty-fourth of April is followed by a notation

attesting it a true copy of the request delivered to the selectmen.

It asks them to "put a stroak on your next Warrant for calling a town

meeting so that it may legally be Laid Before said town By way of voat

to know the mine of said town whether all free Negroes and molattoes

shall have the same Privileges in this said town of Dartmouth as the

white People have Respecting Places of profit choosing of officers and

the Like together with all other Privileges in all cases that shall

or may happen or be Brought in this said town of Dartmouth or that we

have Reliefe granted us Joyntly from Taxation which under our present

depressed circumstances and your poor Petitioners as in duty Bound

shall ever pay."

The disposition of the case as found in the records is contained in

a few sentences. One is dated the eleventh of June and is signed by

Richard Collens, constable. It reads as follows:

Then received of John Cuffe eight pounds twelve shillings silver

money in full for all John Cuffe and Paul Cuffe Rates until this

date and for all my court charges received by me.

Elijah Dean presented his bill for summoning the assessors. It was

paid, and the bill with an acknowledgment from Edward Pope is entered

in Cuffe's letter book with the tax receipt of the eleventh of June.

The other laconic note is from the Records of the Court of General

Sessions held at Taunton on June 12. It curtly "ordered that the

Petition of Paul Cuffe and John Cuffe and the proceedings thereon be

dismissed."

Several writers have commented on the significance of the petitions

of the Cuffe brothers and their resistance to the payment of taxes.

Practically all of them overestimate the matter. For example, a

representative writer says, "This was a day equally honorable to

the petitioners and to the legislature; a day in which justice and

humanity triumphed over prejudice and oppression; a day which ought

to be gratefully remembered by every person of color within the

boundaries of Massachusetts, and the names of John and Paul Cuffe,

should always be united with its recollection."[13]

There is no documentary proof for statements of this kind. A property

qualification for voting fixed by the William and Mary Charter with

slight modifications carried down to 1785. Negroes acquired rights

and privileges in Massachusetts not by special acts of the General

Assembly, but by a judicial act of 1783 based on article one of the

Declaration of Rights of the Constitution of 1780.

The Journal of Negro History, Volume 8, 1923 · 第 2 / 14 章