Charles Sumner: his complete works, volume 04 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 04 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
The day was at hand when the great philanthropist was to be vindicated,
even by the lips of the great magistrate. The Slavery question could
not be suppressed: the Chief Justice of England could not suppress it.
Drive out Nature with a pitchfork, and still she will return. Only
a few months elapsed, when a memorable case arose, which presented
the question distinctly for judgment. A negro, James Somerset, whose
name, in the establishment of an immortal principle, will help to
keep alive the appellation of the ducal house to which it originally
belonged,--was detained in irons on board a ship lying in the Thames,
and bound for Jamaica. On application to Lord Mansfield in his behalf,
supported by affidavits, December 3, 1771, a writ of _Habeas Corpus_
was directed to the captain of the ship, commanding him to return
the body of Somerset into court, with the cause of his detention. In
course of time, though somewhat tardily, the body was produced, and
for cause of detention it was assigned, that he was the property of
Charles Stewart, Esq., _of Virginia_, who had held him in Virginia
as a slave,--that, when brought as such to London, he ran away from
the service of his master, but was recovered, and finally delivered on
board the ship to be carried to Jamaica, there to be sold as the slave
and property of the _Virginia gentleman_.[153] As no facts were in
issue here, the whole cause hinged on the Constitutionality of Slavery
in England; and the great question which the Chief Justice had sought
to avoid, and on which the Commentator had changed sides, was once
again to be heard.
[153] Since this Address, private papers have seen the light, by
which it appears, that the claimant was cashier and paymaster of
customs in North America, and for some years previous to this
important case _resided in Boston_, where Somerset was known.
Through all the arguments he is spoken of as from Virginia, and
reference is constantly made to the laws of Virginia; nor is
this mistake astonishing, when it is understood that an orator
in Parliament once spoke of the "Island of Virginia," and nobody
corrected him.--Mass. Hist. Soc. Proceedings for 1863-64, p. 324:
_Villenage_, by Emory Washburn.
Public-domain text, read in full here on John Shaqi.
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