Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1857-05-16
AboIi,ion of sIarery il MassachusetIs.

Abolition of Slavery in Massachusetts.
At stated meeting of the Massachusetts His.
torica Society, in Boston, on Thursday, thePres-
ident HOE. Robert Z. Winthrop, in the chair,
am ng other report, and entertaining speeches
Of historical nature, was one by Hon. Emory
WashbuTn. who read to the Society an in
teresting paper in relation TO the circumstances
under which slavery ceased to exist in Massachu-
sets. We copy from the Boston Courier the fol-
lowing abstract of Gov. Washburn's dissertation;
Mr.. Washburn said he had carefully investi-
gated this subject, being prompted in part by
quest of Mr. Webster, made few years before
his death. The general opinion is, that slavery
was extinguished by the adoption of the Constitu-
ton of Massachusetts,, which Mr.. Washburn al.
lowed to be undoubtedly true. But he expressed
the opinion, that il the true history of the
state Of public sentiments power, often quite as
stroug the law, and always in such measures
an exponent of the law itself-could be arrived at,
it would be fouad that the Constitution, with its
Bill Of Rights, literally declaration of
what the people regarded already their rights,
rather than an exposition of abstract dogmas
which were to be wrought out into practical sys-
TEN by future legislation.
After glancing at various earlier acts and laws
of the colonists. Mr. Washburn proceeded to no.
tree the case of James bechner, which was de-
eided in ITO, which involved the right of mas
ter to hold slaves here, We are told in DR.. Bel
knap's letter TO Judge Thacher, 4th Hist. Coll
LIST series, p. 202 This was nearly two years be-
fore the famous decision of Lord Mansfield, and
rested substantially on some of the same grounds
those which he based his opinion. The de-
cisOn of the court was in favor of the negro.
Mr.. Washburn then gave at length history of
the case, rather the cases, for there were three
in number. involving the same point, between the
same parties.) Quoek Walker IS. Nathaniel Sen
ison, &c. in all Of which the final judgment of
the court adverse to the claims OF the master,
and in favor of the negro, declaring him free
man, and in effect that slavery no longer existed
in Massachusetts.
He gave an abstract of the brief of Levi Lin
coin, of the counsel for the plaintiff, before
jury Of the Supreme Court, consisting of Judges
n P. Sargent, David Sewell and James Julli-
van. He also presented biographical sketches of
all the lawyers and judges connected with the
case
The counsel for the master vested his rights
among other things, upon the following points :;
1st That the negro was a servant by his own
consent. But to this it answered, that if
such were the case, there must be some evidence
of that consent, and the terms of it must be I'M
deFstood. Besides, some time must be agreed
upon. For if no time specified it would be
only during his own will.
I'd. The general right Of holding property in
slaves sustained on several grounds First
From law in Exodus. "But," said the defend
ants counsel, ''aTe you 10 try cases by the old
Jewish law? Besides, even by that law, you can
not make slave Of your brother, and Quock is
our brother. Descended from a common parent,
breathing the same breath of life, one blood cir
culaung veins, and redeemed by common
Saviour" Secoad-Custom and usage of the
country are in favor of the plaintiff 1t was re-
piled, that customs and usages against reason and
right are void. Laws against the laws Of nature
are invalid. State laws that destroy rights recog
nized BY the common law, to be strictly con
strued A custom must be general to be binding,
but it has been against the general custom to
make slaves 1t must, moreover, be a1dtsputed,
but this custom has always been disputed in
the courts ofjustce, the General Court, and else.
where.
The whole course of the argument, Of which the
above is but rude specimen, justified the remark
Of Mr.. Washburn, that the turned and was
decided upon the strong, prevailing sentiment that
pervsded the community, rather than upon any
positive constitutional provisions
No more direct appeal, said Mr.. W., was ever
made to the "higher law" than that in which one
Of the counsel in this case INDUCED, the ortho-
doxy of whose opinions in the school of Jefferson
was never doubted
Mr.. Washburn, in conclusion, explained his
purpose, in presenting the original memoranda of
this case. He wished to show the true relation
in which our fathers in Massachusetts, stood to
slavery, and not TO utter a word which could add
to the excitement which this subject has AIKEN
ed. History proves that the descendants Of Afri.
cans had the rights Of free citizens in Massachu.
setts, years before the Constitution Of the United
States had been framed