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
such houses, lands, _Negroes_, and other hereditaments, and real
estates, towards the satisfaction of such debts, duties, and demands,
in like manner as personal estates in any of the said plantations
respectively are seized, extended, sold, or disposed of, for the
satisfaction of such debts.”
Herein then, my Lord, is not to be found even the trace of an idea
of slavery considered as such by Parliament, among Negroes: but, on
the contrary, what their legal state and condition is, is conceived
and expressed in terms so plain and clear, so explicit and precise,
that the most sceptical cannot doubt the meaning, nor the most simple
fail to understand it. They are, as houses, lands, hereditaments,
and real estate, assets; and, in like manner as personal estate, to
be disposed of, for the payment of debts due to the King and his
subjects.
Upon this state and exposition then, my Lord, of these several
statutes, it would seem that I am well warranted, by their authority,
in my idea, that the right which Mr. Steuart claims in the Negroe
Somerset, is a right given him by act of parliament; and confirmed in
my proposition, that this is a case of property.
But, my Lord, in order fully to establish this doctrine, it may
perhaps be expected, that I should not only shew what the law is,
but that I should prove also what the law is not; and this must
necessarily lead me to reason somewhat more closely on the subject.
I am aware it may be objected, my Lord, that property in Negroes so
vested, is a property created in Africa for the use and purpose of
the colonies in America: from whence a question will be deduced,
Whether Negroes are property in England?
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