Justice William Cushing’s Notes on the Quock Walker Case (1783)

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[notes begin midway down page]

Indenture Nathaniel Jennison
September 81 found for an Assault of Bony on Quack Walker
1 May 81 — & beat with a stick & imprisond 2 hours —
born in Caldwell house, who
engaged he should have his free-
dom at 25 — his Wido who
married deft promisd the same
When he was 28, dismissed —
& defendant attempted

Mr. Caldwell — The
Negro, came to my house
about a week before the Warrant.
— he was at work in my
field with a team work-
ing — heard a Screaming
— got upon a Nole 5 or 6
rods from Jennison & several
others, who had got the Negro
down, Young fellow upon the
Negro, I took him off —
bruised his fingers — carried
him off — Went to a saw
mill — & told Jennison
his Master had freed him
— & Winslow let him go.

wounds in his hands
& Arms — My Brother
said always he should be
free at 25 — Mrs. Caldwell

Quack — I was harrowing
—
10 years old when Master Cald
-well died — Mrs. lived
a Number of years before she
married agen — I livd
with Dr. Jennison till 7
years & ½ after I was 21.

My old Master said I shoud
be free at 24 or 25 —
Mistress told me I should
be free a 21. said so to Jen-
-nison, before & after Marriage.

Defence —
from Zach. Stone to Caldwell said
Bill of Sale of Mingo & Dina
1754 F & quaco 9 months old

Chs. Baker — I was divider
of Caldwell’s Estate (about
20 years ago — he died) 2 or 3
years after, the Wido received

Quaco as part of her
Dividend —

Mr. Jones — Quaco livd
with Caldwell till he died
— apprizd at £ 40 —
Set off to his Mrs. as
part of the personal Estate.
— She married Jennison
about 1770 — & died about
3 Years after —

Josh Winslow — I was
desird by defendant to help
him reclaim Quaco —
Fact proved —

Justification that Quak is a
Slave — & to prove it tis
said, that quack when a
child about 9 months old
with his father & mother
were sold by bill of sale
in 1754, about 29 yrs. ago
to Mr. Caldwell now
deceased — That when he
died, Quack was apprizd
as part of the personal

Estate & set off to the
Widow in her share of the
personal Estate; that Mr.
Jennison marrying her was
intitled to Quack as his
property — & threfore that he
had a right to bring him
home when run away.
& that the defendant only took
proper Measures for that purpose.
& the defendants council also
rely on some former laws
of the province, which give coun-
tenance to Slavery.

To this it is answer’d
that if he ever was a Slave,
he was liberated both by
his Master Caldwell
& by the Widow after his
death, that they the first of whom promis’d
& engaged, he should be
free at 25 — the other at 21.

As to the doctrine of Slavery
& the right of Christians to
holding Africans in perpetu-
-al servititude, & selling
& treating them as we do our horses
& Cattle, that, (it is true)
has been heretofore counte-

-nanced by the province Laws
formerly, but no where
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, & the
regulations of british Government
respecting the then Colonies,
for the benefit of trade
& Wealth. But whatever
Sentiments have been for-
merly 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 Man-
kind, & to that of and natural innate, desire
of Liberty, with which
Heaven (without regard to Colors, complexion or Shapes of noses) features) has inspired
all the human Race.
And upon this Ground,
our Constitution of
Govmt, Sets out into
by which the people of this
Commonwealth have

solemnly bound them-
-selves, Sets out with
declaring that all men
are born free & equal —
& that Every subject is
intitled to Liberty, & to
have it guarded by the
Laws, as well as Life &
property — & in short is
totally repugnant to the
Idea of being born Slaves.
This being the Case I think
the Idea of Slavery is in
consistent with our own
conduct & Constitution

& there can be no such
thing as perpetual servi-
tude of a rational Crea-
ture, unless it his Liberty is forfeited
by Some Criminal Conduct or
giv given up by personal
Consent or Contract.
It appears that the negro
was
verdict Guilty

[Accounting notes on horses at bottom of page, not transcribed.]

The preceding Case
was the One in which, by the foregoing Charge,
Slavery in Massachusetts
was forever abolished.

The Court was held by
Honorable William Cushing, Chief Justice
Nathaniel Peaslee Sargeant }
David Sewall } Judges
Increase Sumner }

Robert Treat Paine, Attorney Genl, for the Commonwealth.
Sprague for Defendant.

The fine was 40 shillings & costs of prosecution.