Quock Walker
Encyclopedia
Quock Walker, also known as Kwaku or Quok Walker (b. 1753 - d. unknown), was an American
slave
who sued for and won his freedom in June 1781 in a case citing language in the new Massachusetts Constitution
(1780) that declared all men to be 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. It was the second state after Vermont
to end slavery. By the 1790 federal census, no slaves were recorded in the state.
ian origins. He is believed to have been named Kwaku in Ghanaian, for "boy born on Wednesday", a traditional day-naming practice among the people. The following year, the entire family was bought by James Caldwell, of the prominent Caldwell family of Worcester County
. Quock was promised his freedom
at age 25 by Caldwell. Caldwell died when Quock was ten, but his widow renewed the promise to free the boy and promised him freedom at age 21. The widow Mrs. Caldwell married Nathaniel Jennison in 1763 and died about 1772, when Walker was 19.
When the time came for Walker's promised manumission, Jennison refused to let him go. In 1781, Walker, then twenty-eight, ran away. He went to work at a nearby farm belonging to Seth and John Caldwell, brothers of his former master. Jennison retrieved him and beat him severely as punishment. Soon after, Walker sued Jennison for battery, and Jennison sued the Caldwells.
There were three trials related to these events, two civil and one criminal. These took place during the American Revolutionary War
, when language about the equality of people was in the air and after the new Massachusetts constitution had been passed in 1780. The civil cases were : Jennison v. Caldwell (for "deprivation of the benefit of his servant, Walker"), apparently heard and decided first, and Quock Walker v. Jennison (for assault and battery), both heard by the Worcester County Court of Common Pleas on June 12, 1781.
In the first case, Jennison argued that Caldwell had enticed away his employee Walker. The court found in his favor and awarded him 25 pounds. The Walker case was opened by the attorney considering the question of whether a previous master’s promise to free Walker gave him a right to freedom after that master had died. Walker's lawyers argued that the concept of slavery was contrary to the Bible
and the new Massachusetts Constitution
(1780). The jury voted that Walker was a free man under the constitution and awarded him 50 pounds in damages.
Both decisions were appeal
ed. Jennison's appeal of Walker's freedom was tossed out in September 1781 by the Massachusetts Supreme Judicial Court
, either because he failed to appear or because his lawyers did not submit the required court papers. The Caldwells won the other appeal; a jury concurred that Walker was a free man, and therefore the defendants were entitled to employ him.
In September 1781, a third case was filed by the Attorney General against Jennison, Commonwealth v. Jennison, for criminal assault and battery of Walker. In his charge to the jury, Chief Justice William Cushing
stated, "Without resorting to implication in constructing the constitution, slavery is…as effectively abolished as it can be by the granting of rights and privileges wholly incompatible and repugnant to its existence." This has been taken as setting the groundwork for the end of slavery in the state. On April 20, 1783, Jennison was found guilty and fined 40 shillings.
in 1865. Legislators were unable or unwilling to address either slave-owners' concerns about losing their "investment", or white citizens' concerns that if slavery were abolished, freed slaves could become a burden on the community. Some feared that escaped slaves from elsewhere would flood the state.
The Massachusetts Supreme Court decisions in Walker v. Jennison and Commonwealth v. Jennison established the basis for ending slavery in Massachusetts on constitutional grounds, but no law or amendment to the state constitution was passed. Instead slavery gradually ended "voluntarily" in the state over the next decade. The decisions in the Elizabeth Freeman and Quock Walker trials had removed its legal support and slavery was said to end by erosion. Some masters manumitted their slaves formally and arranged to pay them wages for continued labor. Other slaves were "freed" but were restricted as indentured servants for extended periods. By 1790, the federal census recorded no slaves in the state.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
slave
Slavery
Slavery is a system under which people are treated as property to be bought and sold, and are forced to work. Slaves can be held against their will from the time of their capture, purchase or birth, and deprived of the right to leave, to refuse to work, or to demand compensation...
who sued for and won his freedom in June 1781 in a case citing language in the new Massachusetts Constitution
Massachusetts Constitution
The Constitution of the Commonwealth of Massachusetts is the fundamental governing document of the Commonwealth of Massachusetts, one of the 50 individual state governments that make up the United States of America. It was drafted by John Adams, Samuel Adams, and James Bowdoin during the...
(1780) that declared all men to be 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. It was the second state after Vermont
Vermont
Vermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England...
to end slavery. By the 1790 federal census, no slaves were recorded in the state.
Early life
Quock Walker was born in Massachusetts in 1753 to slaves Mingo and Dinah, who were believed to be of GhanaGhana
Ghana , officially the Republic of Ghana, is a country located in West Africa. It is bordered by Côte d'Ivoire to the west, Burkina Faso to the north, Togo to the east, and the Gulf of Guinea to the south...
ian origins. He is believed to have been named Kwaku in Ghanaian, for "boy born on Wednesday", a traditional day-naming practice among the people. The following year, the entire family was bought by James Caldwell, of the prominent Caldwell family of Worcester County
Worcester County, Massachusetts
-Demographics:In 1990 Worcester County had a population of 709,705.As of the census of 2000, there were 750,963 people, 283,927 households, and 192,502 families residing in the county. The population density was 496 people per square mile . There were 298,159 housing units at an average density...
. Quock was promised his freedom
Manumission
Manumission is the act of a slave owner freeing his or her slaves. In the United States before the passage of the Thirteenth Amendment to the United States Constitution, which abolished most slavery, this often happened upon the death of the owner, under conditions in his will.-Motivations:The...
at age 25 by Caldwell. Caldwell died when Quock was ten, but his widow renewed the promise to free the boy and promised him freedom at age 21. The widow Mrs. Caldwell married Nathaniel Jennison in 1763 and died about 1772, when Walker was 19.
When the time came for Walker's promised manumission, Jennison refused to let him go. In 1781, Walker, then twenty-eight, ran away. He went to work at a nearby farm belonging to Seth and John Caldwell, brothers of his former master. Jennison retrieved him and beat him severely as punishment. Soon after, Walker sued Jennison for battery, and Jennison sued the Caldwells.
Background
By the mid-18th century, enslavement of Africans had become common practice in Massachusetts. A 1754 census listed nearly 4500 slaves in the colony. Abolitionist sentiment had been growing, especially as the philosophical underpinnings of independence and democracy became common parlance in the colony. While Massachusetts had derived wealth from the Triangle Trade, its merchant and mixed economy was not dependent on slave labor to the extent of southern states.The cases
American Revolutionary War
The American Revolutionary War , the American War of Independence, or simply the Revolutionary War, began as a war between the Kingdom of Great Britain and thirteen British colonies in North America, and ended in a global war between several European great powers.The war was the result of the...
, when language about the equality of people was in the air and after the new Massachusetts constitution had been passed in 1780. The civil cases were : Jennison v. Caldwell (for "deprivation of the benefit of his servant, Walker"), apparently heard and decided first, and Quock Walker v. Jennison (for assault and battery), both heard by the Worcester County Court of Common Pleas on June 12, 1781.
In the first case, Jennison argued that Caldwell had enticed away his employee Walker. The court found in his favor and awarded him 25 pounds. The Walker case was opened by the attorney considering the question of whether a previous master’s promise to free Walker gave him a right to freedom after that master had died. Walker's lawyers argued that the concept of slavery was contrary to the Bible
Bible
The Bible refers to any one of the collections of the primary religious texts of Judaism and Christianity. There is no common version of the Bible, as the individual books , their contents and their order vary among denominations...
and the new Massachusetts Constitution
Massachusetts Constitution
The Constitution of the Commonwealth of Massachusetts is the fundamental governing document of the Commonwealth of Massachusetts, one of the 50 individual state governments that make up the United States of America. It was drafted by John Adams, Samuel Adams, and James Bowdoin during the...
(1780). The jury voted that Walker was a free man under the constitution and awarded him 50 pounds in damages.
Both decisions were appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
ed. Jennison's appeal of Walker's freedom was tossed out in September 1781 by the Massachusetts Supreme Judicial Court
Massachusetts Supreme Judicial Court
The Massachusetts Supreme Judicial Court is the highest court in the Commonwealth of Massachusetts. The SJC has the distinction of being the oldest continuously functioning appellate court in the Western Hemisphere.-History:...
, either because he failed to appear or because his lawyers did not submit the required court papers. The Caldwells won the other appeal; a jury concurred that Walker was a free man, and therefore the defendants were entitled to employ him.
In September 1781, a third case was filed by the Attorney General against Jennison, Commonwealth v. Jennison, for criminal assault and battery of Walker. In his charge to the jury, Chief Justice William Cushing
William Cushing
William Cushing was an early Associate Justice of the United States Supreme Court, from its inception to his death. He was the longest-serving of the Court's original members, sitting on the bench for 21 years...
stated, "Without resorting to implication in constructing the constitution, slavery is…as effectively abolished as it can be by the granting of rights and privileges wholly incompatible and repugnant to its existence." This has been taken as setting the groundwork for the end of slavery in the state. On April 20, 1783, Jennison was found guilty and fined 40 shillings.
Aftermath of the trials
The state never formally abolished slavery until the passage of the Emancipation ProclamationEmancipation Proclamation
The Emancipation Proclamation is an executive order issued by United States President Abraham Lincoln on January 1, 1863, during the American Civil War using his war powers. It proclaimed the freedom of 3.1 million of the nation's 4 million slaves, and immediately freed 50,000 of them, with nearly...
in 1865. Legislators were unable or unwilling to address either slave-owners' concerns about losing their "investment", or white citizens' concerns that if slavery were abolished, freed slaves could become a burden on the community. Some feared that escaped slaves from elsewhere would flood the state.
The Massachusetts Supreme Court decisions in Walker v. Jennison and Commonwealth v. Jennison established the basis for ending slavery in Massachusetts on constitutional grounds, but no law or amendment to the state constitution was passed. Instead slavery gradually ended "voluntarily" in the state over the next decade. The decisions in the Elizabeth Freeman and Quock Walker trials had removed its legal support and slavery was said to end by erosion. Some masters manumitted their slaves formally and arranged to pay them wages for continued labor. Other slaves were "freed" but were restricted as indentured servants for extended periods. By 1790, the federal census recorded no slaves in the state.
See also
- Elizabeth Freeman, also known as "Mum Bett", a slave who won her freedom in county court in 1781, and whose case was cited as a precedent in Walker v. Jennison
- Walker LewisWalker LewisWalker Lewis was an early African American abolitionist, Freemason, and Mormon elder from Massachusetts.-Family and personal history:Lewis was born Friday, August 3, 1798 in Barre, Massachusetts to Peter P. Lewis and Minor Walker Lewis. His full name was Kwaku Walker Lewis, named after his...
, Quock Walker's nephew, who was ordained as one of the first African-American MormonMormonThe term Mormon most commonly denotes an adherent, practitioner, follower, or constituent of Mormonism, which is the largest branch of the Latter Day Saint movement in restorationist Christianity...
ElderElderElder is a surname that means "older than you".* American Indian elder-In religion:* Elder , person valued for his wisdom who accordingly holds a particular position of responsibility in a Christian group** Elder...
s
External links
- "Quock Walker Case", Africans in America, PBS-WGBH
- Martha Mayo, "Profiles in Courage: African Americans in Lowell", Center for Lowell History, University of Massachusetts Lowell