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
The counsel on the other side was the celebrated Mr Dunning,
afterwards Lord Ashburton, a friend of freedom, who seems to have
undertaken the cause on notions of professional duty, and without any
great inclination for it. His first words were: 'It is incumbent on me
to justify Captain Knowles's detainer of the negro.' He was careful to
shew, that he did not in the meantime maintain that there was an
absolute property in Somerset--it was sufficient to shew, that there
was a sufficient presumption of property to authorise the shipmaster
in detaining him until the absolute question of right was solemnly
settled. He proceeded to say: 'It is my misfortune to address an
audience, the greater part of which I fear are prejudiced the other
way. But wishes, I am well convinced, will never be allowed by your
lordships to enter into the determination of the point. This cause
must be what in fact and law it is. Its fate, I trust, therefore,
depends on fixed and variable rules, resulting by law from the nature
of the case. For myself, I would not be understood to intimate a wish
in favour of slavery by any means; nor, on the other side, to be
supposed the maintainer of an opinion contrary to my own judgment. I
am bound in duty to maintain those arguments which are most useful to
Captain Knowles, as far as is consistent with truth; and if his
conduct has been agreeable to the laws throughout, I am under a
further indispensable duty to support it.'
Much reference was made to the ancient laws of villenage, or
semi-slavery, in Britain. Mr Dunning maintained, that these were
testimony that a slave was not an utter anomaly in the country. The
class of villeins had disappeared, and the law regarding them was
abolished in the reign of Charles II. But he maintained, that there
was nothing in that circumstance to prohibit others from establishing
a claim upon separate grounds. He said: 'If the statute of Charles II.
ever be repealed, the law of villenage revives in its full force.' It
was stated that there were in Britain 15,000 negroes in the same
position with Somerset. They had come over as domestics during the
temporary sojourn of their owner-masters, intending to go back again.
Then it was observed, that many of the slaves were in ships or in
colonies which had not special laws for the support of slavery; and by
the disfranchisement of these, British subjects would lose many
millions' worth of property, which they believed themselves justly to
possess.
Public-domain text, read in full here on John Shaqi.
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