Chambers's Edinburgh Journal, No. 448: Volume 18, New Series, July 31, 1852Various
General
Chambers's Edinburgh Journal, No. 448: Volume 18, New Series, July 31, 1852
Various
Periodicals
He was not only liberated, but his captors were convicted of assault.
These cases, however, did not decide the wide question, whether it was
lawful to hold property in negroes in this country. It came at last to
be solemnly decided in 1771, on a habeas corpus in the King's Bench.
Affidavits having been made before Lord Mansfield, that a coloured
man, named Somerset, was confined in irons on board a vessel called
the _Ann and Mary_, bound for Jamaica, he granted a habeas corpus
against the captain, to compel him to give an account of his authority
for keeping the man in custody. Somerset had been a slave in Virginia,
the property of a Mr Stewart; and the captain of the vessel stated
that the owner had put him on board, to be conveyed to Jamaica, and
there sold. In what was called the return to the writ, the
justification for keeping Somerset in restraint was thus quaintly
stated:--'That at the time of bringing the said James Somerset from
Africa, and long before, there were, and from thence hitherto there
have been, and still are, great numbers of negro slaves in Africa; and
that during all the time aforesaid, there hath been, and still is a
trade, carried on by his majesty's subjects from Africa, to his
majesty's colonies or plantations of Virginia and Jamaica, in America,
and other colonies and plantations belonging to his majesty in
America, for the necessary supplying of the foresaid colonies and
plantations with negro slaves.' It proceeded to relate with the same
verbosity, that the slaves so brought from Africa 'have been and are
saleable and sold as goods and chattels; and upon the sale thereof,
have become, and been, and are, the slaves and property of the
purchasers thereof.' It was stated that Mr Stewart, who resided in
Virginia, had Somerset as a domestic slave or valet--that having
business to transact in London, he took his usual attendant there,
intending to take him back to Virginia. Somerset, however, made his
escape; and when he was apprehended, his master, probably believing
that he would thenceforth be rather a troublesome valet, changed his
intention, and put the negro into the hands of the captain of a vessel
bound for Jamaica, that he might be sold there.
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