Commonwealth v. Aves

Commonwealth v. Aves
CourtMassachusetts Supreme Judicial Court
Decided1836
Cases citedSomerset v Stewart[1]
Case history
Prior actionDecision in favor of plaintiffs.
Subsequent actionMed Slater placed in the custody of a state-appointed guardian
Holding
A citizen of any one of the United States where negro slavery is established by law, who comes into this State for any temporary purpose of business or pleasure, bringing a slave with him as a personal attendant, and stays some time, but does not acquire a domicil here, cannot restrain the slave of his liberty during his continuance here, and carry him out of this State against his consent.
Court membership
Chief judgeLemuel Shaw
Case opinions
Decision byLemuel Shaw

Commonwealth v. Aves, 35 Mass. 193 (1836), was a case in the Massachusetts Supreme Judicial Court on the subject of transportation of slaves to free states. In August 1836, Chief Justice Lemuel Shaw ruled that slaves brought to Massachusetts "for any temporary purpose of business or pleasure" were entitled to freedom. The case was the most important legal victory for abolitionists in the 1830s and set a major precedent throughout the North.[2]

  1. ^ Knapp (1836), p. 48.
  2. ^ Finkelman (2015), p. 85.