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Abolitionism, or the abolitionist movement, is the movement to end slavery and liberate enslaved people around the world.
Dred Scott v. Sandford, 60 U.S. 393 (1857), was a landmark decision of the United States Supreme Court that held the U.S. Constitution did not extend American citizenship to people of black African descent, and therefore they could not enjoy the rights and privileges the Constitution conferred upon American citizens. The decision is widely considered the worst in the Supreme Court's history, being widely denounced for its overt racism, judicial activism, poor legal reasoning, and crucial role in the start of the American Civil War four years later. Legal scholar Bernard Schwartz said that it "stands first in any list of the worst Supreme Court decisions". A future chief justice, Charles Evans Hughes, called it the Court's "greatest self-inflicted wound".
The Constitution of the Commonwealth of Massachusetts is the fundamental governing document of the Commonwealth of Massachusetts, one of the 50 individual states that make up the United States of America. It consists of a preamble, declaration of rights, description of the principles and framework of government, and articles of amendment. It is the highest legal authority in the state, subordinate only to the U.S. Constitution.
The legal institution of human chattel slavery, comprising the enslavement primarily of Africans and African Americans, was prevalent in the United States of America from its founding in 1776 until 1865, predominantly in the South. Slavery was established throughout European colonization in the Americas. From 1526, during the early colonial period, it was practiced in what became Britain's colonies, including the Thirteen Colonies that formed the United States. Under the law, an enslaved person was treated as property that could be bought, sold, or given away. Slavery lasted in about half of U.S. states until abolition in 1865, and issues concerning slavery seeped into every aspect of national politics, economics, and social custom. In the decades after the end of Reconstruction in 1877, many of slavery's economic and social functions were continued through segregation, sharecropping, and convict leasing.
The Fugitive Slave Act or Fugitive Slave Law was a law passed by the 31st United States Congress on September 18, 1850, as part of the Compromise of 1850 between Southern interests in slavery and Northern Free-Soilers.
William Cushing was one of the original five associate justices of the United States Supreme Court; confirmed by the United States Senate on September 26, 1789, he served until his death. His Supreme Court tenure of 20 years and 11 months was the longest among the Court's inaugural members. In January 1796, he was nominated by President George Washington to become the Court's Chief Justice; though confirmed, he declined the appointment. He was the last judge in the United States to wear a full wig.
In the United States before 1865, a slave state was a state in which slavery and the internal or domestic slave trade were legal, while a free state was one in which they were prohibited. Between 1812 and 1850, it was considered by the slave states to be politically imperative that the number of free states not exceed the number of slave states, so new states were admitted in slave–free pairs. There were, nonetheless, some slaves in most free states up to the 1840 census, and the Fugitive Slave Clause of the U.S. Constitution, as implemented by the Fugitive Slave Act of 1793 and the Fugitive Slave Act of 1850, provided that a slave did not become free by entering a free state and must be returned to his or her owner.
The Massachusetts Supreme Judicial Court (SJC) is the highest court in the Commonwealth of Massachusetts. Although the claim is disputed by the Supreme Court of Pennsylvania, the SJC claims the distinction of being the oldest continuously functioning appellate court in the Americas, with a recognized history dating to the establishment of the Massachusetts Superior Court of Judicature in 1692 under the charter of the Province of Massachusetts Bay.
Emancipation Day is observed in many former European colonies in the Caribbean and areas of the United States on various dates to commemorate the emancipation of slaves of African descent.
The Creole case was a slave revolt aboard the American slave ship Creole in November 1841, when the brig was seized by the 128 slaves who were aboard the ship when it reached Nassau in the British colony of the Bahamas where slavery was abolished. The brig was transporting enslaved people as part of the coastwise slave trade in the American South. It has been described as the "most successful slave revolt in US history". Two died in the revolt, an enslaved person and a member of the crew.
Elizabeth Freeman, also known Mumbet, was one of the first enslaved African Americans to file and win a freedom suit in Massachusetts. The Massachusetts Supreme Judicial Court ruling, in Freeman's favor, found slavery to be inconsistent with the 1780 Constitution of Massachusetts. Her suit, Brom and Bett v. Ashley (1781), was cited in the Massachusetts Supreme Judicial Court appellate review of Quock Walker's freedom suit. When the court upheld Walker's freedom under the state's constitution, the ruling was considered to have implicitly ended slavery in Massachusetts.
Any time, any time while I was a slave, if one minute's freedom had been offered to me, and I had been told I must die at the end of that minute, I would have taken it—just to stand one minute on God's airth [sic] a free woman—I would.
Quock Walker, also known as Kwaku or Quork Walker, 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.
Kwaku Walker Lewis, was an early African-American abolitionist, Freemason, and Mormon elder from Massachusetts. He was an active member of the Underground Railroad and the anti-slavery movement.
Slavery was practiced in Massachusetts bay by Native Americans before European settlement, and continued until its abolition in the 1700s. Although 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.
An Act for the Gradual Abolition of Slavery, passed by the Fifth Pennsylvania General Assembly on 1 March 1780, prescribed an end for slavery in the Commonwealth of Pennsylvania in the United States. It was the first slavery abolition act in the course of human history to be adopted by an elected body.
Freedom suits were lawsuits in the Thirteen Colonies and the United States filed by slaves against slaveholders to assert claims to freedom, often based on descent from a free maternal ancestor, or time held as a resident in a free state or territory.
Somerset v Stewart (1772) 98 ER 499 is a judgment of the English Court of King's Bench in 1772, relating to the right of an enslaved person on English soil not to be forcibly removed from the country and sent to Jamaica for sale. According to one reported version of the case, Lord Mansfield decided that:
The state of slavery is of such a nature that it is incapable of being introduced on any reasons, moral or political, but only by positive law, which preserves its force long after the reasons, occasions, and time itself from whence it was created, is erased from memory. It is so odious, that nothing can be suffered to support it, but positive law. Whatever inconveniences, therefore, may follow from the decision, I cannot say this case is allowed or approved by the law of England; and therefore the black must be discharged.
Commonwealth v. Aves, 35 Mass. 193 (1836), was a case in the Massachusetts Supreme Judicial Court on the subject of transportation of slaves to free states. In August 1836, Chief Justice Lemuel Shaw ruled that slaves brought to Massachusetts "for any temporary purpose of business or pleasure" were entitled to freedom. The case was the most important legal victory for abolitionists in the 1830s and set a major precedent throughout the North.
Gradual emancipation was a legal mechanism used by some states to abolish slavery over some time, such as An Act for the Gradual Abolition of Slavery of 1780 in Pennsylvania.
In the District of Columbia, the slave trade was legal from its creation until it was outlawed as part of the Compromise of 1850. That restrictions on slavery in the District were probably coming was a major factor in the retrocession of the Virginia part of the District back to Virginia in 1847. Thus the large slave-trading businesses in Alexandria, such as Franklin & Armfield, could continue their operations in Virginia, where slavery was more secure.
References
- ↑ John J. Patrick (1995), Founding the Republic, p. 74, ISBN 9780313292262
- ↑ Note: the commonwealth's legislature never passed a law abolishing slavery, and slavery remained technically legal until the Thirteenth Amendment to the United States Constitution abolished slavery, except as punishment for a crime, in all the states in 1865.
- ↑ "Massachusetts Constitution, Judicial Review, and Slavery - The Quock Walker Case". mass.gov. Archived from the original on December 4, 2009. Retrieved November 10, 2010.
- ↑ John P. Kaminski (1995), A Necessary Evil?: Slavery and the Debate Over the Constitution, p. 17, ISBN 9780945612339
- ↑ Hardesty, Jared Ross (2019). Black Lives Native Lands White Worlds. A History of Slavery in New England. Boston: Bright Leaf. p. 126. ISBN 978-1-62534-457-1.
- ↑ Bell, Edward L. (2021). Persistence of Memories of Slavery and Emancipation in Historical Andover. Boston: Shawsheen Press. p. 197. ISBN 978-0-578-65395-2.