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
It appears, my Lord, that a trade is opened, with the sanction, and
now under the protection of parliament, between the subjects of
Great Britain and the natives or inhabitants of Africa. The medium
of this trade on the one hand are, manufactures, goods, wares, and
other merchandize: on the other, captive Negroes, or slaves; which,
for these commodities, are given in barter and exchange. It will
be allowed, I presume, my Lord, that these British traders, or
merchants, have an absolute property in their merchandize; to truck
and to traffic with this merchandize is the legal institution of the
trade: it will be absurd then to deny, that they have not an equal
interest in the thing received, as they had in the thing given. To
avoid this dilemma then, the objection recurs; that, in Africa they
may have an interest, in America they may have the same, in Europe
they have none: but assertion without proof, is argument without
weight. Where is the law that has drawn this line of distinction? Is
there any act of parliament, or clause of an act of parliament, that
has fixed and described the zones or climates wherein property in
Negroes may be held, or where it may not be held? Until I am better
informed, my Lord, I must take for granted, that no such law exists;
and if no such law does exist, the manifest conclusion is, that
where property is once legally vested, it must legally remain; until
altered or extinguished by some power co-equal to that which gave
it[4].
But as it may perhaps be to the purpose, my Lord, to try the force
and effect of these acts of trade referred to, I will, with your
Lordship’s indulgence, state a case or two, whereby their operation
in this country might be felt and perceived.
Public-domain text, read in full here on John Shaqi.
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