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African Americans and the End of Slavery in Massachusetts

The Legal End of Slavery in Massachusetts

"I think the Idea of Slavery is inconsistent with our own conduct & Constitution..."
——威廉·库欣,马萨诸塞州最高司法法院首席大法官,1783年

 

Slavery persisted in Massachusetts through most of the eighteenth century. While individual enslaved people had successfully sued for freedom, and groups had petitioned the colonial government for freedom (although without success; see "The Struggle for Freedom" section of this website for more information), the institution of slavery was not legally abolished until the 1780s, in direct response to the new Massachusetts Constitution. Two court battles in particular, first the case of Brom & Bett v. John Ashley, Esq.然后是一系列与奎克·沃克有关的审判,导致了这一具有里程碑意义的裁决.

Elizabeth Freeman ("Mumbet")

伊丽莎白·弗里曼(“Mumbet”)于1744年左右出生在克拉维拉克的一个奴隶家庭, Columbia County, New York (about 20 miles south of Albany). Her enslaver, a Dutchman named Pieter Hogeboom, gave her to Sheffield, Massachusetts, resident John Ashley when he married Hogeboom's daughter Hannah (Annetje).

凯瑟琳·玛丽亚·塞奇威克对伊丽莎白·弗里曼生活的描述,讲述了她在阿什利家三十年的奴役生活, including an assault by Hannah Ashley, 谁想用铲子打家里的年轻女仆. Freeman blocked the blow, 但她受了重伤,余生都带着袭击留下的伤疤. 塞奇威克补充说,弗里曼听过公开朗读《利记手机官网》, inspiring her to seek her freedom.

<p>Painted portrait of a middle aged Black woman, wearing a blue dress with a white wrap at the neck, a white bonnet, and a gold beaded necklace around her collar.</p> Elizabeth Freeman ("Mumbet")
微型肖像,水彩画在象牙由苏珊安妮利文斯顿雷德利塞奇威克,1811年
"Mumbett" (manuscript draft), by Catharine Maria Sedgwick, 1853

In 1781, Freeman turned to Theodore Sedgwick, a prominent Stockbridge attorney, to help secure her freedom. Legal action began in the spring of 1781, 弗里曼(和另一个被称为布罗姆的奴隶)向约翰·阿什利提起诉讼,要求获得自由. Brom & Bett v. John Ashley, Esq. 会成为马萨诸塞州历史上最重要的法律案件之一吗. 当约翰·阿什利拒绝归还令状(法院命令归还或释放非法获得的财产)时, 他被命令于1781年8月21日在大巴林顿的普通法院出庭. 塞奇威克的主要论点是,根据新批准的马萨诸塞州宪法,奴隶制本质上是非法的, which stated that:

"All men are born free and equal, and have certain natural, essential, and unalienable rights; among which may be reckoned the right of enjoying and defending their lives and liberties; that of acquiring, possessing, and protecting property; in fine, that of seeking and obtaining their safety and happiness."

此后,该州宪法的这一部分被修改为明确禁止基于“性别”的歧视, race, color, creed or national origin.陪审团认为塞奇威克的论点令人信服,弗里曼和布罗姆都被释放了. 约翰·阿什利还被要求支付30先令的赔偿金和审判费用. 阿什利最初向马萨诸塞州最高司法法院提起上诉, the highest court in the Commonwealth; however, he dropped his appeal before it came before the court, 大概是因为奎克·沃克审判中的干预决定, 这清楚地表明,根据新宪法,马萨诸塞州的任何法院都不会认定奴隶制是合法的.

Almost nothing is known about Brom's life as a free man, 但伊丽莎白·弗里曼余下的48年都有详细的记录. 她成了西奥多·塞奇威克的仆人,塞奇威克的小女儿, Catharine Maria, wrote a draft account of her life, that was published under the title "Slavery in New England," in Bentley's Miscellany in 1853.

弗里曼在塞奇威克家族做了二十多年的仆人. In one famous incident, 在1787年谢斯叛乱期间,她单枪匹马地保卫了塞奇威克的房子,抵御了一小群叛乱分子的袭击(塞奇威克自己也在离家工作,以结束叛乱)。. Freeman was eventually able to achieve financial independence, 在斯托克布里奇做助产士和治疗师,并购买了自己的房子. At the time of her death, 她是该地区第二富有的黑人地主,留下了包括19英亩土地在内的遗产, furniture, jewelry, and fine clothing. 弗里曼死于1829年,是唯一一个葬在斯托克布里奇塞奇威克家族墓地“内圈”的非家庭成员, Massachusetts. Her epitaph reads:

"ELIZABETH FREEMAN, known by the name of MUMBET died Dec. 28 1829. Her supposed age was 85 years. She was born a slave and remained a slave for nearly thirty years. 她既不会读也不会写,但在她自己的领域里,她无人能比,无人能与她匹敌. She neither wasted time, nor property. She never violated a trust, nor failed to perform a duty. 在家庭的任何考验中,她都是最得力的帮手和最温柔的朋友. Good mother fare well."

Quock Walker

Very little is known about Quock Walker. He was born into slavery and sold to James Caldwell in 1754. Following Caldwell's death in 1763, his widow married Nathaniel Jennison, taking Walker with her when she moved to her new husband's house in Barre, Massachusetts. Walker then became the property of Jennison.

詹姆斯·考德威尔和他的遗孀显然都向沃克保证了他的自由, but Jennison refused to manumit him. 1781年,沃克从纳撒尼尔·詹尼森那里逃了出来,到考德威尔家避难, with the brother of his former enslaver. 詹尼森在收回他认为是他的财产的过程中,狠狠地打了沃克一顿.

这一事件引起了三个单独的审判,两个民事审判和一个刑事审判. 前两起案件在伍斯特县普通上诉法院同时审理. In the first case, Walker sued Jennison for assault and battery without right, 声称詹姆斯·考德威尔早在三年多前就答应给他自由, and as such, was a free man. The jury found that Walker was in fact a free man, and awarded him £50 (a substantial sum, but far less than the £300 he requested). In the second, simultaneous trial, 詹尼森起诉考德威尔兄弟干涉他的财产,并为了自己的利益“引诱”沃克逃跑. In this case, the jury found for Jennison, and he was awarded £25.

Both cases were appealed to the Supreme Judicial Court in 1781. Jennison lost his by default (failure to appear), 考德威尔兄弟胜诉的理由是,马萨诸塞州宪法保障“所有人”的平等和自由."

In the third trial, a criminal case, 1783年4月,司法部长在马萨诸塞州最高司法法院以刑事攻击和殴打罪起诉詹尼森. Jennison was convicted and sentenced to pay 40 shillings in damages. 沃克的论点说服了首席大法官威廉·库欣(William Cushing) trial notes “一个理性的创造物不可能永远被奴役 ..." In his instructions to the jury before their deliberations, he stated that slavery was unconstitutional in Massachusetts, 在决定詹尼森是否犯有殴打罪时,他们必须考虑到沃克是自由人.

Together with the Elizabeth Freeman decision, 奎克·沃克的审判有效地结束了奴隶制在马萨诸塞州的法律实践. However, slavery did not disappear completely for some time. Often recast as indentured servitude (see online display of bill of indenture for Dick Morey),直到18世纪末,奴隶制在马萨诸塞州并非闻所未闻.

Featured Items

Legal notes by William Cushing about the Quock Walker case, [1783]
Bracelet made of gold beads from necklace of Elizabeth Freeman ("Mumbet")
Gold, late 18th century

 

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