At midnight on January 1, 1863, President Abraham Lincoln’s Emancipation Proclamation took effect. At that moment, all enslaved people in the Confederate States were declared legally free. Union soldiers, some of whom were Black, marched onto plantations across the south reading aloud text from Lincoln’s executive order, spreading the news of newfound freedom.
“That on the first day of January, in the year of our Lord one thousand eight hundred and sixty-three, all persons held as slaves within any State or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever free; and the Executive Government of the United States, including the military and naval authority thereof, will recognize and maintain the freedom of such persons, and will do no act or acts to repress such persons, or any of them, in any efforts they may make for their actual freedom,” it read in part.
However the news was slow to travel back then, and not everyone in Confederate controlled territory would immediately be free. In the westernmost Confederate state of Texas, freedom finally came two years after the Emancipation Proclamation when Union troops rode into Galveston Bay and announced that the more than 250,000 enslaved Black people in their state were free by executive decree. Juneteenth commemorates that moment and celebrates the effective end of slavery in the United States
But over 80 years earlier in Massachusetts, lawyers did their part to effectively end slavery in the state and bring about a more just democracy through a handful of critical court cases: first, the case of Brom & Bett v. John Ashley, Esq., and then a series of trials relating to Quock Walker, culminating in Commonwealth v. Jennison in 1783. These cases, particularly the one involving Quock Walker’s freedom suit, established that slavery was incompatible with the 1780 Massachusetts Constitution.
Elizabeth Freeman: The Enslaved Woman Who Challenged the System and Won
Before she became known as Elizabeth Freeman, she was called Mum Bett—an enslaved woman living in the household of Colonel John Ashley in western Massachusetts during the 18th century. Life under the Ashley family was harsh, especially under the cruel hand of Mrs. Ashley. In one violent incident, Mum Bett stepped in to protect another enslaved woman from being struck with a hot shovel. The blow left a permanent scar on her arm—one she wore openly, a powerful symbol of resistance.
Despite her bondage, Mum Bett listened closely to the conversations around her. When Colonel Ashley and his guests discussed the Massachusetts Constitution’s declaration that “all men are born free and equal,” something clicked. She realized those words applied to her, too.
In 1781, with the help of abolition-minded lawyer Theodore Sedgwick, Mum Bett filed a freedom suit based on the state’s newly ratified constitution. She was joined by another enslaved man, Brom. Their case was groundbreaking—not just another technicality, but a direct constitutional challenge to slavery itself.
In August of that year, the court ruled in their favor: Mum Bett and Brom were free. It was a historic victory—the first time an African American woman successfully won her freedom in Massachusetts.
Quock Walker: How One Freedom Suit Helped End Slavery in Massachusetts
The Quock Walker case stands as a pivotal moment in U.S. history, not only securing freedom for one man but also playing a key role in abolishing slavery in Massachusetts. Born enslaved, Quock Walker was promised freedom by his first master, James Caldwell, by age 25. But when Caldwell passed away, Walker was sold to Nathaniel Jennison, who refused to honor the promise.
In 1781, after escaping Jennison’s custody, Walker was brutally recaptured. This led to a series of landmark legal battles that would challenge the very institution of slavery in Massachusetts.
The First Legal Battle: Walker Claims His Freedom
With the help of abolitionist lawyers, Walker sued Jennison for assault and battery, arguing that Caldwell’s promise of freedom made him a free man. The Worcester County Court sided with Walker, declaring him free and awarding him 50 pounds in damages.
The Second Legal Challenge: Jennison Strikes Back
Jennison, not willing to let go of his property, sued the Caldwell brothers for aiding Walker’s escape. The jury ruled in Jennison’s favor, but the legal contradictions set the stage for a final ruling from the Massachusetts Supreme Judicial Court.
The Landmark Decision: Slavery Is Unconstitutional
In 1783, the Massachusetts Supreme Judicial Court, led by Chief Justice William Cushing, issued a landmark ruling: slavery was incompatible with the state’s new Massachusetts Constitution.
[T]hese sentiments [that are favorable to the natural rights of mankind] led the framers of our constitution of government – by which the people of this commonwealth have solemnly bound themselves to each other – to declare – that all men are born free and equal; and that every subject is entitled to liberty, and to have it guarded by the laws as well as his life and property. In short, without resorting to implication in constructing the constitution, slavery 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. The court are therefore fully of the opinion that perpetual servitude can no longer be tolerated in our government, and that liberty can only be forfeited by some criminal conduct or relinquished by personal consent or contract. And it is therefore unnecessary to consider whether the promises of freedom to Quaco, on the part of his master and mistress, amounted to a manumission or not.
• Supreme Judicial Court Chief Justice William Cushing (1783)
While no specific law or amendment was passed, these court decisions, especially Chief Justice William Cushing’s instructions to the jury in Commonwealth v. Jennison, effectively ended slavery as a legal practice in the state.
The Boston Bar Association remains proud of the role of lawyers in challenging discriminatory systems and building movements for social justice, principles that have guided our organization for more than 150 years. As BBA President Matt McTygue said at our recent Law Day celebration:
“Each case we argue, each client we counsel, and each legal precedent we help shape reinforces the structure that preserves democracy and the dignity of all. When rights are disregarded, it is our duty to act.”
The BBA will continue to support our legal community, volunteer our time, and commit to the small, everyday steps that make a difference—just as we always have.
