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
Suppose, my Lord, that a fleet of merchant ships belonging to the
African company, containing twenty thousand Negroes on board (more
or less, it is of no matter), bound from Africa to America, should,
by strange, contrary, and adverse winds, be driven and wrecked upon
the coast of England; that the ships were lost and destroyed, but
that the Negroes had been landed in safety on this shore of freedom:
would the African company, my Lord, be justified and entitled to
re-ship these Negroes in other vessels, to the end that they might
be conveyed to their destined ports in America? Or, would the pure
air of this country, as has been insisted on, set them, with caps of
liberty on their heads, free and at large; thereby robbing, for so I
must call it, these merchants of their property to the amount of one
million of money, at the allowance, and on the moderate computation,
of fifty pounds price for each individual Negroe? In this kingdom
of commerce, my Lord, where the rights of merchants are so well
distinguished, and the laws of trade are so minutely known, I should
presume that the case would not admit of a question. Of what use
would the charter of this company be to them, if the laws protective
of that charter should be found inadequate and ineffectual to the
maintenance and security of their property? But again: it has been
observed, that by the statute of the 5th of George III. chap. xliv.
a number of canoe-men, and other Negroes, in Africa, were vested in
the Crown. Now, by canoe-men, I suppose, my Lord, are meant, African
sailors. Suppose then, that one hundred, for example, of these
sailors should, by some contrivance or other, find their way into
England; would the King, my Lord, have authority to remand them to
their place of duty? or, would writs of Habeas Corpus, in despite of
this act of Parliament, protect them here; thereby determining the
right of the Crown in them? The case, my Lord, speaks and determines
for itself. Wherein then, my Lord, differs the case of Mr. Steuart
from these? Their importance is greater, but the principle throughout
is the same. I believe it is not denied that Mr. Steuart was the
_bona fide_ purchaser of Somerset, in the legal course of trade. I
do not apprehend that any evidence was offered to shew that he had
stolen him, or that he came by him otherwise surreptitiously. If
my memory does not fail me, the property was proved, by affidavit,
before your Lordship; or it was stated in the return made to the
Writ of Habeas Corpus; but in either way it is of no concern, since
the title-deeds are not now before the Court as the objects of
Litigation[5].
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