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
Here, my Lord, the _legal nature_ of Negroes, if I may so speak, is
fully established and clearly ascertained, by act of parliament.
Your Lordship perceives, that they are _in hoc verbo_ declared to
be property, and are vested as goods and chattels, and as other
effects are, in owners prescribed for them. If it is observed, my
Lord, that the term Slave is made use of, and recognized by this act
of parliament; it is answered, not relatively so, as to a state of
slavery, but descriptively only of such things as shall be deemed
the property and effects of this company. The statute, my Lord, of
the 5th of His present Majesty, ch. xliv. enacts, “that such parts
of Africa as were ceded by the last treaty of Paris, together with
the goods, slaves, and other effects thereunto belonging, and which
were, by a former act, vested in the company of merchants trading
to Africa, shall now become the property of the Crown;” so that the
King, as well as this corporation of merchants, are, by the law of
the land, possessed, and are now the actual and rightful owners, of
a very considerable number of Negroes, under the afore-mentioned
description, of canoe-men, castle-slaves, women, children,
carpenters, and other artificers, particularly set forth in schedules
annexed to the afore-mentioned acts. It is also enacted, “that the
trade to Africa shall be free and open to all His Majesty’s subjects,
without preference or distinction;” and it is further provided,
“that these acts shall be taken and deemed as public acts, and shall
be judicially taken notice of as such by all Judges, Justices, and
other persons whatsoever, without specially pleading the same.” Thus
far, my Lord, do acts of parliament extend in the confirmation and
establishment of this trade to Africa. I shall now beg leave to cite
one statute more, in order unquestionably to prove what the sense of
the Legislature of this country is, with respect to the state and
condition of Negroes. This statute, my Lord, is the 5th of Geo. II.
c. viith, wherein (it being made for the more easy recovery of debts
in His Majesty’s plantations and colonies in America) it is enacted
“that, from and after the twenty-ninth day of September one thousand
seven hundred and thirty-two, the houses, lands, _Negroes_, and other
hereditaments and real estates, situate or being within any of the
said plantations, belonging to any person indebted, shall be liable
to, and chargeable with, all just debts, duties, and demands, of what
nature or kind soever owing by any such person to His Majesty, or any
of his subjects, and shall and may be assets for the satisfaction
thereof, in like manner as real estates are by the law of England
liable to the satisfaction of debts due by bond or other specialty,
and shall be subject to the like remedies, proceedings, and process,
in any court of law or equity, in any of the said plantations
respectively, for seizing, extending, felling, or disposing, of any
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