[This judicial notebook has handwritten page numbers, and this is the second page 87 that appears in the volume.] [Top part of page relates to a differnent case and has not been transcribed.]

Indenture Nathl. Jennison
Sepr. 81 foundfor an Assault of Bony [Body] on Quack Walker
1 May 81 -- & beat with a stick
& imprisond 2 hours --
born in Caldwell house, who
engaged he should have his free-
dom at 25 -- his Wido who
married deft promisd ye same
When he was 28, dismissed --
& deft attempted

Mr. Caldwell -- The
Negro, came to my house
abt. a week before ye Warrt.
-- he was at work in my
field with a team work-
ing -- heard a Screaming
-- got upon a Nole 5 or 6
rods from Jennison & several
others, who had got ye. Negro
down, Young fellow upon ye.
Negro, I took him off --
bruised his fingers -- carried
him off -- Went to a saw
mill -- & told Jennison
his Master had freed him
-- & Winslow let him go.

wounds in his hands
& Arms -- My Brother
said always he should be
free at 25 -- Mrs. Caldwell

Quack -- I was harrowing
--
10 yrs. old when Master Cald
-well died -- Mrs. lived
a No. of years before she
married agen -- I livd
with Dr. Jennison till 7
years & 1/2 after I was 21.

My old Master said I shoud
be free at 24 or 25 --
Mistress told me I should
be free a[t] 21. said so to Jen-
-nison, before & after Marriage.

Defence --
from Zach. Stone to Caldwell sd
Bill of Sale of Mingo & Dina
1754 F & quaco 9 mths. old

Chs. Baker -- I was divider
of Caldwell's Estate (abt
20 yrs. ago -- he died) 2 or 3
years after, ye Wido recd.

Quaco as part of her
Dividend --

Mr. Jones -- Quaco livd
with Caldwell till he died
-- apprizd at £ 40 --
Set off to his Mrs. as
part of ye. personal Estate.
-- She married Jennison
abt. 1770 -- & died abt.
3 Years after --

Josh Winslow -- I was
desird by deft to help
him reclaim Quaco --
Fact proved --

Justification yt. Quak is a
Slave -- & to prove it tis
said, yt. quack when a
child abt. 9 months old
with his father & mother
were sold by bill of sale
in 1754, abt. 29 yrs. ago
to Mr. Caldwell now
decd. -- That when he
died, Quack was apprizd
as part of ye. personal

Estate & set off to ye.
Widow in her share of ye
personal Estate; yt. Mr.
Jennison marrying her was
intitled to Quack as his
property -- & threfore yt. he
had a right to bring him
home when run away.
& yt. the deft only took
proper Measures for yt purpose.
& the defts council also
rely on some former laws
of ye province, wch. give coun-
tenance to Slavery.

To this it is answer'd
that if he ever was a Slave,
he was liberated both by
his Master Caldwell
& by ye. Widow after his
death, that they ye. first of whom promis'd
& engaged, he should be
free at 25 -- ye. other at 21.

As to ye. doctrine of Slavery
& ye. right of Christians to
holding Africans in perpetu-
-al servititude [servitude] , & selling
& treating them as we do our horses
& Cattle, that, (it is true)
has been heretofore counte-

-nanced by the province Laws
formerly, but no where
is it expressly enacted or established. -- It has
been a usage -- a usage which
took its origin, from ye.
practice of some of ye.
European nations, & the
regulations of british Govmt
respecting the then Colonies,
for ye. benefit of trade
& Wealth. But whatever
Sentiments have been for-
merly prevailed in this
particular or slid in upon
us by ye. Example ofothers, a different Idea
has taken place with
ye people of America
more favorable to ye.
natural rights of Man-
kind, & to that of and natural innate, desire
of Liberty, with which
Heaven (witht. regard to Colors, complexion or Shapes of
noses features)
has inspired
all ye. human Race.
And upon this Ground,
our Constitution of
Govmt, Sets out into
by wch. ye people of this
Commonwealth havesolemnly bound them-
-selves, Sets out with
declaring that all men
are born free & equal --
& yt. Every subject is
intitled to Liberty, & to
have it guarded by ye.
Laws, as well as Life &
property -- & in short is
totally repugnant to ye.
Idea of being born Slaves.
This being ye. Case I think
ye. Idea of Slavery is in
consistent with our own
conduct & Constitution& there can be no such
thing as perpetual servi-
tude of a rational Crea-
ture, unless it his Liberty is forfeited
by Some Criminal Conduct or
giv given up by personal
Consent or Contract.
It appears yt. ye. negro
was
verdict Guilty
[Accounting notes on horses at bottom of page, not transcribed.]

The preceding Case
was the One in which, by the foregoing Charge,
Slavery in Massachusetts
was forever abolished.

The Court was held by
Hon Wm Cushing, Chief Justice
Nathl. Peaslee Sargeant
David Sewall         Judges
Increase Sumner
Robt. Treat Paine, Atty Genl, for the Commwlth.
Sprague for Deft.

The fine was 40 shillings & costs of prosecution.

16.8 cm x 10.4 cm

From the William Cushing judicial notebook
Sequence of 13 pages presented--pages 87 [second page 87]-99.