History of slavery in Massachusetts

The exact date of the first African slaves in Massachusetts is unknown, but may have been as early as 1624 by a man named Samuel Maverick. The first confirmed account of slavery in the colony is in 1638, when several Native Americans captured during the Pequot War were exchanged in the West Indies for African slaves. Such exchanges become common in subsequent Massachusetts Indian wars.[6]

Most of the 17th century slave trade in New England was based in Massachusetts; however, direct attempts were not successful until the latter half of the century. In 1676, Boston ships began working with slave traders in Madagascar and by 1678 were selling slaves to Virginians. As to slaves imported to Massachusetts, the traders preferred to exchange new arrivals from Africa for more experienced slaves in the West Indies. Some Africans considered unsuitable for work in the West Indies were also brought to Massachusetts and sold. Boston ships were selling slaves to Connecticut by 1680 and Rhode Island by 1696.[7]

In 1641, Massachusetts passed its Body of Liberties which gave legal sanction to certain kinds of slavery.[8]

There shall never be any bond slaverie, villinage or captivitie amongst us unless it be lawfull captives taken in just warres, and such strangers as willingly selle themselves or are sold to us. And these shall have all the liberties and Christian usages which the law of God established in Israell concerning such persons doeth morally require. This exempts none from servitude who shall be judged thereto by Authoritie.[9]

Wiecek notes that the reference to "strangers" is derived from Leviticus 25: 39–55 and explains that they could be ruled and sold as slaves.[8][10] For the Puritans and citizens of the colony, "strangers" would eventually mean Native Americans and Africans.[8] Even though the Body of Liberties excluded many forms of slavery, it did recognize four legitimate bases of slavery.[8] Slaves could legally be obtained if they were captives resulting from war, sold themselves into slavery, were purchased as slaves from elsewhere, or were sentenced to slavery through the governing authority.[11] This made Massachusetts the first colony to authorize slavery through legislation.[11] In 1670, Massachusetts made it legal for the children of slaves to be sold into bondage.[12] By 1680, the colony had laws restricting the movements of blacks.[12] A 1703 law required owners to post a bond for all slaves to protect towns in the case that a slave became indigent should the master refuse to continue caring for him or her.[7]

Benjamin Kent

The slave population in Massachusetts was under 200 in 1676, 550 in 1708 and 2,000 by 1715. Slaves accounted for 2.2% of the total population from 1755 to 1764, their highest rate. There was a larger free black population, with about 10% of the population of Boston being black in 1752.[7]

By the mid-18th century, the enslavement of Africans had become a common practice in Massachusetts.[13] A 1754 census listed nearly 4500 slaves in the colony.[14] However, Abolitionist sentiment was growing, especially when the philosophical underpinnings of independence and democracy became commonly discussed in the colony. While Massachusetts did derive wealth from the Triangle Trade, its merchant and mixed economy was never as dependent on slave labor to the extent of the southern colonies. Within the British Empire, the Massachusetts courts began to follow England when, in 1772, England became the first country in the world to outlaw the slave trade within its borders (see Somerset v Stewart) followed by the Knight v. Wedderburn decision in Scotland in 1778.

Between 1764 and 1774, seventeen slaves appeared in Massachusetts courts to sue their owners for freedom.[15] In 1766, John Adams' colleague Benjamin Kent won the first trial in the United States (and Massachusetts) to free a slave (Slew vs. Whipple). [16][17] [18][19][20][21] There were three other trials that are noteworthy, two civil and one criminal. All three took place during the American Revolutionary War, when thoughts about the equality of all people were frequently voiced, and especially after the new Massachusetts constitution was passed in 1780. The civil cases were Jennison v. Caldwell (for "deprivation of the benefit of his servant, Walker"), apparently heard and decided first, and Quock Walker v. Jennison (for assault and battery),[22] both heard by the Worcester County Court of Common Pleas on June 12, 1781.

Jennison v. Caldwell

A man named Jennison argued that one Caldwell had enticed away his employee Walker. The court found in his favor and awarded Jennison 25 pounds compensation.

Chief Justice William Cushing

Quock Walker v. Jennison

This 1781 case involved a slave named Quock Walker in Worcester County Court of Common Pleas. Chief Justice William Cushing instructed the jury:

As to the doctrine of slavery and the right of Christians to hold Africans in perpetual servitude, and sell and treat them as we do our horses and cattle, that (it is true) has been heretofore countenanced by the Province Laws formerly, but nowhere is it expressly enacted or established. It has been a usage – a usage which took its origin from the practice of some of the European nations, and the regulations of British government respecting the then Colonies, for the benefit of trade and wealth. But whatever sentiments have formerly prevailed in this particular or slid in upon us by the example of others, a different idea has taken place with the people of America, more favorable to the natural rights of mankind, and to that natural, innate desire of Liberty, with which Heaven (without regard to color, complexion, or shape of noses-features) has inspired all the human race. And upon this ground our Constitution of Government, by which the people of this Commonwealth have solemnly bound themselves, sets out with declaring that all men are born free and equal – and that every subject is entitled to liberty, and to have it guarded by the laws, as well as life and property – and in short is totally repugnant to the idea of being born slaves. This being the case, I think the idea of slavery is inconsistent with our own conduct and Constitution; and there can be no such thing as perpetual servitude of a rational creature, unless his liberty is forfeited by some criminal conduct or given up by personal consent or contract ... [23]

The Walker case had been opened by the attorney to consider whether a previous master's promise to free Walker gave him a right to freedom after that master had died. Walker's lawyers argued that the concept of slavery was contrary to the Bible and the new Massachusetts Constitution (1780). The jury decided that Walker was a free man under the constitution and awarded him 50 pounds in damages.

Both decisions were appealed. Jennison's appeal of Walker's freedom was rejected in September 1781 by the Massachusetts Supreme Judicial Court, either because he failed to appear[24] or because his lawyers did not submit the required court papers.[22][25] The Caldwells won the other appeal; a jury concurred that Walker was a free man, and therefore the defendants were entitled to employ him.

Commonwealth v. Jennison

In September 1781, a third case was filed by the Attorney General against Jennison, Commonwealth v. Jennison, for criminal assault and battery of Walker. In his charge to the jury, Chief Justice William Cushing stated, "Without resorting to implication in constructing the constitution, slavery is ... as effectively abolished as it can be by the granting of rights and privileges wholly incompatible and repugnant to its existence." This has been taken as setting the groundwork for the end of slavery in the state.[25][26] On April 20, 1783, Jennison was found guilty and fined 40 shillings.[22]

Aftermath of the trials

While Chief Justice Cushing's opinion in effect should have ended slavery in Massachusetts, the state never formally abolished slavery until the passage of the Thirteenth Amendment to the United States Constitution in 1865. Some possible reasons for this are that state legislators were either unable or unwilling to address slave-owners' concerns about losing their financial "investment", and non-slave owning white citizens' concerns that if slavery were abolished, the freed slaves could become a burden on the community. Some even feared that escaped slaves from other states would flood Massachusetts.[27]

The Massachusetts Supreme Court decisions in Walker v. Jennison and Commonwealth v. Jennison established the basis for ending slavery in Massachusetts on constitutional grounds, but no law or amendment to the state constitution was passed. Instead slavery gradually ended "voluntarily" in the state over the next decade. The decisions in the Elizabeth Freeman and Quock Walker trials had removed its legal support and slavery was said to end by erosion. Some masters manumitted their slaves formally and arranged to pay them wages for continued labor. Other slaves were "freed" but were restricted as indentured servants for extended periods.[13] By 1790, the federal census recorded no slaves in the state.[28]