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 then, my Lord, without farther disquisition, I might venture
to rest the defence of Mr. Steuart, and therein the law of the case
itself. The reasoning, perhaps, may be said to be new, and it is
opinion only of my own that supports the doctrine: but, I trust,
that, upon examination, it will be found to be not therefore the
less conclusive. However, as I am upon the subject, it may not be
amiss that I should pursue it somewhat farther; and, by extending the
chain of enquiry, strengthen and enforce the arguments that have been
already offered and applied. It was said, by one of the plaintiff’s
counsel, that municipal laws were binding only in the state wherein
they were made; that, as soon as a member of that state was out of
it, they ceased to have their influence on him; and the laws of
nature of course succeeded to him. As a general proposition, my
Lord, this might have had its admission; but even as such, it is not
without its exception. I think I have the most classical authority
of the law to say otherwise. For instance, allegiance, which is the
duty that every subject owes to the sovereign, or sovereignty, of
that particular state to which he belongs, is a municipal law; and
yet, neither time, place, nor circumstance, can alter, forfeit, or
cancel, the obligation. An Englishman (says Judge Blackstone)[6],
who removes to France or to China, owes the same allegiance to the
King of England there as at home, and twenty years hence as well as
now. But, my Lord, with regard to the particular application of this
proposition, when the gentleman endeavoured to make a distinction
between the laws of the colonies and the laws of England, in my
apprehension he was extremely mistaken. I fancy the relationship
and dependency of the children colonies on their mother country did
not occur to his mind. The circumstance of their having internal
laws of their own, by no means argues a difference in those laws,
independent of the laws of England. As well might it be said, that
the laws of England are not the laws of the county of Kent, because
by the custom of gavelkind they differ from the general laws in the
disposition of Estates; and so of Borough-English, and wherever in
this kingdom particular customs are to be found or met with. For, my
Lord, it is not only a first and leading principle of legislation
in the colonies, arising out of their original grants and charters,
and enforced by the royal instructions given to commanders in chief
there; but it is also enacted by the statute of the 7th and 8th of
William III. ch. xxii. “that no law, usage, or custom, shall be made
or received in the plantations, repugnant to the laws of England:”
so that, by these restrictions, the very _leges loci_ (wherein, from
situation, from climate, and from other circumstances, one might
naturally suppose some difference) are forced as much as may be to a
conformity with the constitution and laws of this country; and to
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