Citation
Legal Notes by Massachusetts Supreme Court justice William Cushing on the case of Quok Walker, [1783], FULL TEXT via Massachusetts Historical Society
Excerpt
Massachusetts freedom seeker Elizabeth Freeman (Massachusetts Historical Society)
As to ye. doctrine of Slavery & ye. right of Christians to holding Africans in perpetual servititude [servitude] , & selling & treating them as we do our horses & Cattle, that, (it is true) has been heretofore countenanced 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 ye. practice of some of ye. European nations, & the regulations of british Govmt respecting the then Colonies, for ye. benefit of trade & Wealth. But whatever Sentiments have been formerly prevailed in this particular or slid in upon us by ye. Example of others, a different Idea has taken place with ye people of America more favorable to ye. natural rights of Mankind, & to that of and natural innate, desire of Liberty, with which Heaven (witht. regard to Colors, complexion or Shapes of noses features) has inspired all ye. human Race. And upon this Ground, our Constitution of Govmt, Sets out into by wch. ye people of this Commonwealth have solemnly bound themselves, Sets out with declaring that all men are born free & equal — & yt. Every subject is intitled to Liberty, & to have it guarded by ye. Laws, as well as Life & property — & in short is totally repugnant to ye. Idea of being born Slaves. This being ye. Case I think ye. Idea of Slavery is inconsistent with our own conduct & Constitution & there can be no such thing as perpetual servitude of a rational Creature, unless it his Liberty is forfeited by Some Criminal Conduct or giv given up by personal Consent or Contract.