"As to the doctrine of slavery and the right of Christians to hold Africans in perpetual servitude, and sell and treat them as we do our horses and cattle, that (it is true) has been heretofore countenanced by the Province Laws formerly, but nowhere is it expressly enacted or established. It has been a usage β a usage which took its origin from some European nations and the regulations of the British government respecting the then Colonies, for the benefit of trade and wealth. But whatever sentiments have formerly prevailed in this particular or slid in upon us by the example of others, a different idea has taken place with the people of America, more favorable to the natural right of mankind, and to that natural, innate desire of Liberty, with which Heaven, (without regard to color, complexion or shape of noses, features) has inspired all the human race. And upon this ground our Constitution of Government, by which the people of this Commonwealth have solemnly bound themselves, sets out with declaring all men are born free and equal β and that every subject is entitled to liberty, β and to have it guarded by the laws, as well as life and property β and in short is totally repugnant to the idea of being born slaves. This being the case I think the idea of slavery is inconsistent with our own conduct and Constitution; and there can be no such thing as perpetual servitude of a rational creature, unless his liberty is forfeited by criminal conduct or given up by personal consent or contract."
Quote Details
Added by wikiquote-import-bot
Unverified quote
0 likes
Justices of the Supreme Court of the United StatesLawyers from the United StatesPeople from MassachusettsHarvard University alumni
Original Language: English
Available Languages (1)
Sources
Commonwealth of Massachusetts v. Nathaniel Jennison (1783); reported in Arthur P. Rugg, "William Cushing", Yale Law Journal, vol. 30, no. 2 (December, 1920) pp. 132β3
https://en.wikiquote.org/wiki/William_Cushing
Revision History
No revisions have been submitted for this quote.
Categories
William Cushing
William Cushing (March 1, 1732 β September 13, 1810) was an American lawyer and judge who was one of the original five associate justices of the United States Supreme Court.
1 quote on TrueQuotesView all quotes by William Cushing β
Related Quotes
"Individual rights have been recognized by our jurisprudence only after long and costly struggles. They should not be β¦"
"Common sense and justice dictate that a citizen accused of a crime should have the fullest hearing possible, plus theβ¦"
"Experience demonstrates that in time of war individual liberties cannot always be entrusted safely to uncontrolled adβ¦"
"Criminal punishment for disobedience of an arbitrary and invalid order is objectionable regardless of whether the ordβ¦"
"That an individual should languish in prison for five years without being accorded the opportunity of proving that thβ¦"