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
prevent even the accident of a contrary occurrence, your Lordship
knows, that there is a counsellour appointed to the board of trade
here, whose especial business it is, to examine all the colony
acts, and thereupon to make his report, if necessary, previous to
the royal confirmation of them. If property, therefore, in Negroes,
was repugnant to the law of England, it could not be the law of
America: for (besides the reasons already assigned) by the same
statute wherever this repugnancy is, there the law is _ipso facto_
null and void. But I will further endeavour to elucidate this matter,
by begging a question or two, by way of case in point. Let it be
admitted then, that a colony of English had embarked from hence, in
order to establish settlements for themselves in some one of the
late ceded islands in the West Indies, and that they were arrived,
it may be said, in the island, _where English troops, trampling on
the laws of God and man, are slaughtering even to extirpation a
guiltless race of Caribs, the aborigines of the country. I mean the
island of St. Vincent, an island under the tutelage of a Saint too_!
And suppose that, upon their arrival there, the Legislature of that
country had taken it into their heads to pass an act similar to the
25th of Geo. II. ch. xl. already referred to, thereby vesting these
people as property, in certain owners allotted to them: I should be
glad to know, my Lord, whether this act could possibly have operated
as a law, and whether it was not, _eo instanti_, upon its being
enacted, destitute and void of all force, validity, and effect? Your
Lordship’s answer doubtless would be, that this act must have been
its own executioner, that it was _felo de se_. Why then, my Lord,
does not the principle directive of this conclusion on the case of
the colony of English, determine likewise on the case of the Negroes?
If an act of an American plantation making property of a colony of
English there, is nullified _ab initio_ from its being enacted, why
is not an act making property of a colony of Africans susceptible of
the same nullity? The reason, my Lord, is twofold: first, because
in the one act, such a law is not only repugnant to, but absolutely
subversive of, the laws of England: secondly, because in the other
act, such a law is not only consistent with, but founded on, the laws
of England: and this, my Lord, proves to mathematical demonstration,
that the colony laws are not only in general dependant on the laws of
England, but, in particular instances, owe their origin and source
to them: so that, as the refracted rays of light, diverging from one
point through a prism, may be concentred in the same focus; in like
manner may these laws, notwithstanding their number and variety, be
collected and disposed of in one common system or digest, as parts
of the same whole. From what therefore I have here suggested, my
Lord, I mean to conclude generally, that the right and property, not
only of Mr.
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