The Story of Mumbet - The Trial (Part 2)

The bell tolled. The birds flew off from their nests, flying freely into the air as Mumbet waited below, having brought her friend and fellow slave Brom.

Brom and Mumbet were both slaves belonging to John Ashley, and there he was now, trudging morosely towards the courthouse door. He passed Mumbet, and gave her a curt, but respectful nod. She nodded back, continuing to wait for Theodore Sedgwick, her lawyer to arrive.

Into the courthouse went John, but in the distance, Mumbet saw Theodore Sedgwick running towards her, trying his very hardest to not be even more late than he already was. Following him was Aaron Root and Mr. Tapping Reeve, the Mr. Reeve lagging behind, his hands full of documents and books.

“Well, hurry up, now, Reeve! The bell is already tolling! Ahh, there she is. “Ahoy Mumbet! Looks like you’re all ready to begin, eh? Excellent excellent.” Theodore slowed his pace as he approached, a confident smile on his face. Mumbet grinned back, feeling helplessly nervous for what was about to happen. “An' I brought Brom here too. He’ll be joinin’ us, considering he be a slave of Ashley’s too.”

Theodore nodded in acknowledgment, happy to have even more support for his case. “Aye, that’s a good idea. Truth is, there could be an issue if someone wants to be overly literal and claim ‘All men are equal’ refers only to men. No, it’s best he join us, such that the entire Ashley household can become free.”

Mumbet nodded, and as the bell finished its tolling, she walked into the courthouse, and Aaron, Theodore, Brom, and Tapping followed.

Aaron rushed to the jury’s area, seating himself next to the small crowd of citizens already assembled.

The murmurs and chatter hummed and buzzed as they all watched the black lady take her seat at the front, with Brom following, and her two lawyers, Theodore and Tapping standing near them.

John Ashley sat alone, the man an experienced and powerful politician, lawyer, and landowner. It was he who had helped draft the Sheffield Resolves, a list of fully confirmed grievances against the King of England. Of course, it was his friend Theodore Sedgwick who had been the one to actually write it, yet John had been there and approved of it every step of the way.

BANG BANG BANG! The judge at the front smacked his gavel, and motioned for everyone to calm down. “ON THIS DAY, WE ARE HERE TO DETERMINE THE JUSTICE AND LEGALITY AND CONSTITUTIONALITY OF MUMBET’S AND BROM’S ENSLAVEMENT AND OWNERSHIP BY JOHN ASHLEY.”

BANG BANG BANG! More gavel pounding, simply for effect. The judge continued, although less bombastically, “I have determined the two possible outcomes for this trial: Either a man may own another person as property, and his property rights are to be respected by the law, or all men are truly born free and created equal, and cannot be owned by another person or entity. Let us begin the trial!”

BANG BANG BANG! The judge spoke, “Mumbet’s party, make your initial case.”

Theodore Sedgwick stood up, and nodded, “According to the Constitution of Massachusetts, all men are born free and created equal. Mumbet and Brom were born here in this land of America, and thus they were born free. They cannot be slaves and they cannot be owned by another person.”

BANG BANG BANG. “John Ashley, make your initial case.”

John stood up, his face calm, “Simply put, the reason that Mumbet is my slave is that she was given to me as a dowry by her former master, who is the father of my wife. The records speak true to this, and the marriage is valid. Thus, Mumbet is my slave and property, as is Brom.”

BANG BANG BANG! “The records do confirm this. At this time, Mumbet is confirmed to be your slave and legal property, as is Brom. Mumbet’s party, lay out your case.”

Mumbet looked to Theodore, and Theodore looked to Tapping, who pushed over a piece of paper from a disheveled stack, handing it to Theodore. Theodore took it, and stood up to speak.

“On this paper, it says clear as day, ahem, ‘All men are born free and equal, and have certain natural, essential, and unalienable rights; among which may be reckoned the right of enjoying and defending their lives and liberties; that of acquiring, possessing, and protecting property; in fine, that of seeking and obtaining their safety and happiness.’ Do you know what this document is?”

The judge nodded, “That is indeed straight from the Massachusetts constitution, voted for and approved just earlier this year. I believe Mr. John Adams wrote this.”

Theodore nodded, and held out his hand to Tapping for another document, which was handed to him. “Ahem, from the Sheffield Declaration, written by myself, with the good-natured help from many good men, including John Ashley, ‘It is resolved that mankind in a state of nature are equal, free, and independent of each other, and have a right to the undisturbed enjoyment of their lives, their liberty and property.’ As you can see sir, according to the law of the land, and even the very law of this very town, ALL people are born free and created equally. Including Mumbet and Brom.”

BANG. The judge’s gavel sounded again, and he looked to John Ashley. “Sir, it seems that you yourself helped write, sign, vote for, and approve of that document there. In a state of nature, we are all equal, free, and independent. What say you to that?”

John Ashley nodded to the judge, then spoke, “Yes, and in that very same document, you will see that this line was also approved and voted for. By Theodore as well. Let me read, ‘It is resolved that it is a well known and undoubted privilege, of the British constitution, that every subject, hath not only a right to the free and uncontrolled enjoyment, use and improvement, of his estate or property so long as he shall continue in possession of it, but that he shall not in any manner be deprived thereof, in the whole or in part, until his consent, given by himself or his representative, hath been previously, for that purpose, expressly obtained.”

“Sir, without my consent, my property shan’t be taken, according to the very document that Theodore himself wrote and I signed and voted for. The document is approved and binding. I rest my case.”

BANG BANG. “That is indeed true,” spoke the judge. Theodore grinned. The judge simply stared at him, and motioned for him to speak.

“Indeed John Ashley is right. Without signing over the consent of his own property, it should indeed not be taken from him. But what I wish to say is simple. He DID sign over consent of his property, but only if such property is a PERSON born free and equal! By signing that very document, he indeed did sign away his slaves, for no man can be born that is a slave in this state. In America, we are born free.”

BANG. John Ashley’s fist smacked the table he was at. “WHAT! There’s no way that can be right!”

Buzzing voices filled the jury, and a women spoke up, loudly proclaiming, “Yeah, my household bought new slaves only a decade ago, and the price we paid was quite substantial! Yet even my husband voted in favor of the revolution and for freedom! How can it be just for us to buy slaves, yet so soon after, vote in favor of their freedom?”

“ORDER!” BANG BANG BANG BANG. The judge spoke again, “That logic holds true to me. You indeed did sign away your slaves if you signed the very fact that all mankind in a state of nature is free and equal. Your consent was your signature, verifying the very fact that all men are born free and created equally. This means you are free. This means Mumbet is free. I take it that you both support the American Revolution, right? We are subjects no more. Your case is rested, John Ashley."

The judge then shuffled a paper around, and spoke again, "But there is one issue still in your favor, Mr. Ashley. It’s that negroes are not necessarily people. They might as well be animals or machines. Let Mumbet speak, and if her words are true, then I will let the jury vote.”

Mumbet huffed with indignation, then stood up and spoke loud and proud, “Any time, any time while I was a slave, if one minute's freedom had been offered to me, and I had been told I must die at the end of that minute, I would have taken it—just to stand one minute on God's EARTH a free woman— I would.”

The judge blinked, then BANG. “She is no animal to be lead by crook or whip. She speaks her case freely, and says words that I myself would say if I was in her position. John Ashley, if you were in Mumbet’s position, would you want to be free?”

John Ashley tried to not say anything, shuffling his feet as he mumbled, “Y-yes… I suppose I would.”

“And sir, would you even rebel against a KING, just to be free?”

“Sir, this is unfair!”

From the jury, an outraged man spoke, “Even I support the revolution, with substantial investments still in Britain! I dared to abandon them on the American quest for our freedom! Petty selfishness will lead us no where but back from where we began! Enslaved to a king!”

BANG BANG! The Judge’s voice boomed, “SILENCE! John Ashley: Answer the question with truth or may GOD help your soul!”

John Ashley spoke true, “Y-yes sir, of course; it’s what I do even to this day, as I support the revolution. But would Mumbet fight against a king?”

The judge nodded, “Mumbet, have you opposed a king, or only your master here in this courtroom?”

“Sir, mah husband did indeed go to war against the British. Several years ago, but he hasn’t come home yet. He ain’t never comin’ home is the dark and likely truth, your honor. He’s fought for America and freedom on Earth, and now I pray he’s enjoyin’ his freedom up there in heaven!”

Theodore nodded, “Mhmm, she was not legally married, as slaves cannot do that so easily, but she indeed speaks true, and you KNOW this to be true, John Ashley. You knew that man she was with was her lover. The truth is clear. I rest my case.”

BANG BANG BANG. “JURY, the cases have been made. It is time for you to make your decision.”

And thus, one by one, each man on the jury declared what he felt was just: “All men are born free and created equal!” “Aye!” “Yeah!” “I agree!” “Mhmmm!” “I concur.” “Born free and equal!” “Yes sir, your honor!” Each man of the jury spoke and agreed, and dissent was few. The majority was simple: Freedom.

BANG BANG BANG. “The jury has made their decision. And as judge of this court, I lay this case to rest: No person can be born into slavery. All men are born FREE, and by this logic, Mumbet and Brom are free people.”

BANG! It was done.

Tears filled Mumbet’s eyes as she heard the decision announced. She was free. Free! After over 30 years of enslavement, she was truly, absolutely free.

John Ashley pounded the table, howling with fury as he was forced to acknowledge the decision. Oh how he was so mad to lose his property, yet, somehow, his tongue felt tied. Nothing he said or thought could possibly overturn or overrule this. He knew this was right. There was no way to logically argue this without corrupting his own moral compass. And John Ashley was a good man. A good man in a troubled time, yet, the verdict was clear:

All men are born free and created equal.

The End.