Slavery existed in the New England colonies and was particularly well-established in Rhode Island, but it died more quickly in New England than in other parts of the north. At the end of the Revolution, many New England states either abolished slavery outright or enacted laws providing for gradual emancipation. States that adopted gradual emancipation laws did so out of concern that immediate emancipation would violate slaveowners’ property rights; gradual emancipation would compensate them by giving them the labor of their young slaves. States that enacted immediate emancipation did so through constitutional provisions which trumped common law as to property rights.
The Quock Walker Case: Commonwealth v. Jennison – Massachusetts, 1783 (unpublished)
| Chief Justice William Cushing “It [slavery] was … a usage which took its origins from the practice of some of the European nations and the regulations for the benefit of trade of the British government respecting its then colonies. But whatever usages formerly prevailed or slid in upon us by the example of others on the subject, they can no longer exist. Sentiments more favorable to the natural rights of mankind … have prevailed since the glorious struggle for our rights began. And these sentiments led the framers of our constitution … to declare that all men are born free and equal; and that every subject is entitled to liberty … In short, … is in my judgment as effectively abolished as it can be by the granting of rights and privileges wholly incompatible and repugnant to its existence.” – Chief Justice William Cushing, in Jennison |
EMPIRE OF LAWS - The Legal History of the 50 American States > 1. NEW ENGLAND LEGAL HISTORY > 1.1. The Colonial Era and Independence (1620-1787) > 1.1.1 New England (1620-1787): Revolutionary Constitutions >