Considerations on the Negroe cause commonly so called: Addressed to the Right Honourable Lord Mansfield, lord chief justice of the Court of King's Bench, &c.Estwick, Samuel
Philosophy
Considerations on the Negroe cause commonly so called: Addressed to the Right Honourable Lord Mansfield, lord chief justice of the Court of King's Bench, &c.
Estwick, Samuel
Slavery -- Law and legislation -- Great Britain; Slavery -- Legal status, laws, etc. -- Great Britain
I must then apprize your Lordship, that from this instant it is my
intention to drop the term Slavery, at least as a term in argument
with me. It is an odious word, that engendered this law-suit, and
now feeds and supports it with the fuel of heated passions and
imaginations. Instead therefore of such prejudiced and unpopular
ground, whereupon the case has hitherto been made to stand, I shall
take the liberty to remove its situation, to change its point of
view, and to rest it on the land of _commercial Property_; from
whence, perhaps, it will be seen, not only in a less offensive light,
but where also it may find a foundation more solid and substantial
for its support.
It is matter of course, my Lord, to say, that you are well acquainted
with all the acts of parliament relative to the royal African company
of England, from its establishment by charter in the reign of Charles
the Second down to the present time[3]. Now, my Lord, the end of
this company was trade: the object of that trade Negroes, as the
preamble to the act of the 23d of Geo. II. c. xxxi. thus expressly
declares: “Whereas the trade to and from Africa is very advantageous
to Great Britain, and necessary for supplying the plantations and
colonies thereunto belonging with a sufficient number of Negroes, at
reasonable rates, it is therefore enacted, &c. &c.” Whatever then,
my Lord, is matter of trade, your Lordship knows, must be matter
of property. The idea of the one is necessarily involved in the
other. But, my Lord, these acts have not been content with this
general construction: they have gone farther, and have themselves
set the mark and stamp of property upon Negroes. Whether, my Lord,
the Legislature is justifiable herein, or whether it has authority
by the laws of nature to do this, is not for me to determine. It
is, perhaps, a right, like many other civil rights, established by
power, and maintained by force: but this is matter of speculation
for the speculative. I here contend only, that the fact is as I
have stated it to be; and as it will appear by the statute of the
25th of Geo. II. c. xl. “which was made for the application of a
sum of money therein mentioned, granted to his Majesty, for making
compensation and satisfaction to the Royal African company of
England, for their charter, lands, forts, castles, slaves, military
stores, and all other their effects whatsoever; and to _vest_ the
lands, forts, castles, slaves, military stores, and _all other
their effects_, in the company of merchants trading to Africa;” and
wherein it is enacted, that “the royal African company of England,
from and after the tenth day of April one thousand seven hundred
and fifty-two, shall be, and they are hereby, absolutely divested
of and from their said charter, lands, forts, castles, and military
stores, _canoe-men_, _castle-slaves_, and all _other their estate,
property, and effects_ whatsoever; and that all and every the
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