SLAVERY IN MASSACHUSETTS
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AbolitionismAbolitionism, or the abolitionist movement, is the political movement to end slavery and liberate enslaved individuals around the world. The first country to fully outlaw slavery was France in 1315, but it was later used in its colonies. The first country to abolish and punish slavery for indigenous people was Spain with the New Laws in 1542. Under the actions of Toyotomi Hideyoshi, chattel slavery has been abolished across Japan since 1590, though other forms of forced labour were used during World War II. The first and only country to self-liberate from slavery was a former French colony, Haiti, as a result of the Revolution of 1791–1804. The British abolitionist movement began in the late 18th century, and the 1772 Somersett case established that slavery did not exist in English law. In 1807, the slave trade was made illegal throughout the British Empire, though existing slaves in British colonies were not liberated until the Slavery Abolition Act 1833. In the United States, Pennsylvania and Vermont were the first states to abolish slavery, Vermont in 1777 and Pennsylvania in 1780 (Vermont did not join the Union until 1791). By 1804, the rest of the northern states had abolished slavery, but it remained legal in southern states. By 1808, the United States outlawed the importation of slaves and in 1865 outlawed slavery except as a punishment. In Eastern Europe, groups organized to abolish the enslavement of the Roma in Wallachia and Moldavia between 1843 and 1855, and to emancipate the serfs in Russia in 1861. The United States would pass the 13th Amendment in December 1865 after having just fought a bloody Civil War, ending slavery "except as a punishment for crime". In 1888, Brazil became the last country in the Americas to outlaw slavery. As the Empire of Japan annexed Asian countries, from the late 19th century onwards, archaic institutions including slavery were abolished in those countries. During the 20th century, the League of Nations founded a number of commissions, Temporary Slavery Commission (1924–1926), Committee of Experts on Slavery (1932) and the Advisory Committee of Experts on Slavery (1934–1939), which conducted international investigations of the institution of slavery and created international treaties, such as the 1926 Slavery Convention, to eradicate the institution worldwide. In 1948, slavery was declared illegal in the United Nations' Universal Declaration of Human Rights. By this time, the Arab world was the only region in the world where institutional chattel slavery was still legal. Slavery in Saudi Arabia, slavery in Yemen and slavery in Dubai were abolished in 1962–1963, with slavery in Oman following in 1970. Mauritania is the latest country to officially abolish slavery, with a presidential decree in 1981. Today, child and adult slavery and forced labour are illegal in almost all countries, as well as being against international law, but human trafficking for labour and for sexual bondage continues to affect tens of millions of adults and children.
Slavery in the colonial history of the United StatesThe institution of slavery in the European colonies in North America, which eventually became part of the United States of America, developed due to a combination of factors. Primarily, the labor demands for establishing and maintaining European colonies resulted in the Atlantic slave trade. Slavery existed in every European colony in the Americas during the early modern period, and both Africans and indigenous peoples were targets of enslavement by Europeans during the era. As the Spaniards, French, Dutch, and British gradually established colonies in North America from the 16th century onward, they began to enslave indigenous people, using them as forced labor to help develop colonial economies. As indigenous peoples suffered massive population losses due to imported diseases, Europeans quickly turned to importing slaves from Africa, primarily to work on slave plantations that produced cash crops. The enslavement of indigenous people in North America was later replaced during the 18th century by the enslavement of black African people. Concurrent with the development of slavery, racist ideology was developed among Europeans, the rights of free people of color in European colonies were curtailed, slaves were legally defined as chattel property, and the condition of slavery as hereditary. The Thirteen Colonies of northern British America, were for much or all of the period less dependent on slavery than the Caribbean colonies, or those of New Spain, or Brazil, and slavery did not develop significantly until later in the colonial era. Nonetheless, slavery was legal in every colony prior to the American Revolutionary War (1775-1783), and was most prominent in the Southern Colonies (as well as, the southern Mississippi River and Florida colonies of France, Spain, and Britain), which by then developed large slave-based plantation systems. Slavery in Europe's North American colonies which did not have warm climates and ideal conditions for plantations to exist primarily took the form of domestic labor or doing other forms of unpaid work alongside non-enslaved counterparts. The American Revolution led to the first abolition laws in the Americas, although the institution of chattel slavery would continue to exist and expand across the Southern United States until finally being abolished at the time of the American Civil War in 1865.
New England Anti-Slavery SocietyThe New England Anti-Slavery Society (1831–1837) was formed by William Lloyd Garrison, editor of The Liberator, in 1831. The Liberator was its official publication. Based in Boston, Massachusetts, members of the New England Anti-slavery Society supported immediate abolition and viewed slavery as immoral and non-Christian (sinful). It was particularly opposed to the American Colonization Society, which proposed sending African Americans to Africa. The founding meeting took place on January 1, 1831, in the vestry of the Belknap Street Church. (Some sources list the date as January 1, 1832.) Garrison was the principal founder. The other founding members were: Benjamin Bierly of Amesbury, Massachusetts, Reverend Elijah Blanchard, Dr. Gamaliel Bradford, Elizabeth B. Chase, Joshua Easton, also a member of the Massachusetts General Colored Association, Charles Theodore Follen, Reverend Henry Grew, Reverend Cyrus Pitt Grosvenor, Ellis Gray Loring, Captain Jonas Parker of Reading, Massachusetts, Reverend Perry of Mendon, Massachusetts, Reverend Amos August Phelps, Reverend Aaron Pickett of Reading, Massachusetts, Samuel Edmund Sewall, Horace Wakefield, Amasa Walker, and a Reverend Yates. The society sponsored lecturers or "agents" who traveled throughout the New England area, speaking in local churches or halls, and also selling abolitionist tracts or The Liberator. Whenever possible, the Society's agents would also encourage the formation of local anti-slavery societies. By 1833 there were 47 local societies in ten northern states, 33 of them in New England. The society also sponsored mass mobilizations such as yearly anti-slavery conventions and celebrations of July 4 or — preferred by those who believed celebrating July 4 was unacceptable since the U.S. Constitution accepted slavery — the Anniversary of the Abolition of Slavery in the West Indies, August 1. John Levy, "a colored gentleman" from Lowell, decries insufficient involvement of free Negroes in the struggle. Garrison, Birney, Burleigh, Henry Stanton, and other stalwarts speak at length.
Slavery in Massachusetts"Slavery in Massachusetts" is an 1854 essay by Henry David Thoreau based on a speech he gave at an anti-slavery rally at Framingham, Massachusetts, on July 4, 1854, after the re-enslavement in Boston, Massachusetts of fugitive slave Anthony Burns.
Quock WalkerQuock Walker, also known as Kwaku or Quork Walker (c. 1753 – ?), was an enslaved American who sued for and won his freedom suit case in June 1781. The court cited language in the 1780 Constitution of Massachusetts that declared, "All men are born free and equal". The case is credited with helping abolish slavery in Massachusetts, although the 1780 constitution was never amended to prohibit the practice explicitly. Massachusetts was the first U.S. state to effectively and fully abolish slavery—the 1790 United States census recorded no enslaved people in the state.
History of slavery in MassachusettsAlthough slavery in the United States is typically associated with the Caribbean and the Antebellum American South, enslaved people existed to a lesser extent in New England: historians estimate that between 1755 and 1764, the Massachusetts enslaved population was approximately 2.2 percent of the total population; the slave population was generally concentrated in the industrial and coastal towns. Unlike in the American South, enslaved people in Massachusetts had legal rights, including the ability to file legal suits in court. The practice of slavery in Massachusetts was ended gradually through case law. As an institution, it died out in the late 18th century through judicial actions litigated on behalf of slaves seeking manumission. Unlike some other jurisdictions, enslaved people in Massachusetts occupied a dual legal status of being both property and persons before the law, which entitled them to file legal suits in court. Prominent Massachusetts lawyer Benjamin Kent represented slaves in court against their masters as early as 1752. He won the first freedom suit in the British American colonies in 1766. The post-revolutionary court cases, starting in 1781, heard arguments contending that slavery was a violation of Christian principles and also a violation of the constitution of the Commonwealth. During the years 1781 to 1783, in three related cases known today as "the Quock Walker case," the Supreme Judicial Court applied the principle of judicial review to effectively abolish slavery in 1783 by declaring it incompatible with the state Constitution that had just been adopted in 1780. This did not have the effect of immediately freeing all slaves, however. Rather, it signaled to slaveowners that their right to own slaves would no longer be legally protected, and without that surety, it was no longer profitable to keep slaves in the first place. Those who owned the slaves then generally chose to replace the enslavement with some other arrangement, either indentured servitude for a fixed term or conventional, paid employment. As a result of this, Massachusetts was the only state to have zero slaves enumerated on the 1790 federal census. (By 1790, the Vermont Republic had also officially ended slavery, but it was not admitted as a state until 1791.) Maine, in the 1790 Census, also lists no enslaved people among its population but did not become a state until 1820. A large threat to former slaves and freemen living in Massachusetts, however, was that posed by slave catchers, whose profession was to look for runaway slaves who had successfully fled from the South and sheltered in the North. Under American law at the time, these individuals were subject to detention and return to slavery in any jurisdiction that had not yet ended slavery. Many abuses were also committed in which even blacks who were freeborn in the North could be falsely accused of being runaway slaves and spirited away to a life of slavery, as in the infamous case of Solomon Northup, who was freeborn in New York and kidnapped into slavery in Louisiana. This ongoing uncertainty impelled the abolition movement in the North because it meant that even blacks living in free states could never truly be free until slavery was definitively ended all across the United States. Massachusetts became a leading center for abolitionism in early 19th-century America, with individual activists such as William Lloyd Garrison and Frederick Douglass as well as organizations like the Boston Vigilance Committee dedicated to advancing the cause. The political tensions caused by the collision between abolitionism and pro-slavery forces in the United States led directly to the American Civil War in 1861. After the war's end in 1865, the Thirteenth Amendment to the United States Constitution was ratified by the states, including Massachusetts, which legally abolished slavery in the United States and ended the threat of enslavement or re-enslavement once and for all. This was the final date when slavery was formally outlawed in Massachusetts, although it had been a moribund institution for decades prior to that time. After the end of legal slavery, however, racial segregation continued in Massachusetts as a de jure legal requirement in various contexts until the mid-20th century.
Commonwealth v. JennisonCommonwealth of Massachusetts v. Nathaniel Jennison was a court case in Massachusetts in 1783 that effectively abolished slavery in that state. It was the third in a series of cases which became known as the Quock Walker cases. Nathaniel Jennison was arrested for beating Quock Walker and indicted on a criminal charge of assault and battery in September 1781. The trial before the Supreme Judicial Court of Massachusetts was held in April 1783. Jennison's defense was that Walker was a runaway slave, but Walker countered that the Massachusetts Constitution had made slavery illegal in 1780. Chief Justice William Cushing accepted that argument and directed the jury that the issue of whether Walker had been freed or not was irrelevant because slavery was no longer constitutional. The jury convicted Jennison who was fined forty shillings. The case was not widely publicized but made it clear that the law would not defend the property rights of slaveowners. Because that law depended on the enslaved person to take action to gain their freedom by either appealing to the courts or running away, people without the knowledge or the means to act continued to be held as slaves for years after the ruling. Slavery (or the willingness to reveal its presence) declined, and during the 1790 census, no slaves were recorded in the state. However, it is understood that many former slaveowners reclassified their former slaves as still-legal "indentured servants." That allowed the former masters to be compliant with the law and to continue to take advantage of the labor of enslaved people, who might otherwise be unable to free themselves. Edward L. Bell, in his 2021 book, Persistence of Memories of Slavery and Emancipation in Historical Andover, wrote: The 'Mum Bett' and 'Quock Walker' cases were heard as jury trials with party-particular outcomes. The decisions of the Common Pleas courts and Supreme Judicial Court were unpublished and only existed in original manuscript form. In eighteenth-century legal circles, which depended on memory of judicial decisions and bench rulings to invoke case-made common law principles, the cases were soon forgotten. Practicing legal professionals in at least Berkshire and Worcester counties remembered the outcomes for a time, and advised their slave-owning clients of the futility of defending or appealing lawsuits for liberty in a changed legal landscape.
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