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
British justice, however, has held at all times the question of human
liberty to be superior to considerations of mere expediency. If the
question be, who gains or loses most, there never can be a doubt that
the man whose freedom has been reft from him has the greatest of all
claims for indulgence. Accordingly, Lord Mansfield, the presiding
judge, looking in the face all the threatened evils to property, held
that nothing but absolute law could trench on personal freedom. He
used on the occasion a Latin expression, to the effect that justice
must be done at whatever cost; it has found its way into use as a
classical expression, and as no one has been able to find it in any
Latin author, it is supposed to have been of Lord Mansfield's own
coining. 'Mr Stewart,' he said, 'advances no claims on contract; he
rests his whole demand on a right to the negro as slave, and mentions
the purpose of detainure of him to be the sending him over to be sold
in Jamaica. If the parties will have judgment, _fiat justitia ruat
coelum_--Let justice be done whatever be the consequence.' In finally
delivering judgment, he concluded in these simple but expressive
terms: 'The state of slavery is of such a nature, that it is incapable
of being introduced, on any reasons, moral or political, but only by
positive law, which preserves its force long after the reasons,
occasion, and time itself, for which it was created, are erased from
memory. It is so odious, that nothing can be suffered to support it
but positive law. Whatever inconveniences, therefore, may follow from
the decision, I cannot say this case is allowed or approved by the law
of England; and therefore the black must be discharged.'
Public-domain text, read in full here on John Shaqi.
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