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
where expressly to be found.
But here, my Lord, I must beg leave to make a short digression,
intentionally to wipe off an imputation, which by one of the
plaintiff’s counsel was thrown on the owners and possessors of
Negroes in America. In the course of his pleading, he took occasion
to draw a horrid and a frightful picture of the barbarity, and
cruelties, that were exercised on these beings in the colonies; and
concluded with hoping, that such practices would for ever remain
forbidden to this country. Your Lordship knows, that wherever order
is, there discipline must ensue. Like as cause and effect, they
are inseparable one from the other. Now it is not to be presumed,
that an hundred thousand Negroes are to be held in obedience to
ten or fifteen thousand owners (for this perhaps may be found to
be near the average) without some means or methods, which, from
their accidental application, might so generally operate on their
fears, as to produce the end required. It is so in the case of the
navy; it is so in the army of every country in the known world.
A soldier would not put himself in the front of a battle, to run
the risque of being shot through the head, if he did not know that
this would be the certain consequence of his desertion. The fear
of the latter gives him courage to engage in the former: or, how
otherwise could fifty officers, perhaps, command a regiment of a
thousand men? But, my Lord, the design of this gentleman’s groupe of
figures, was to induce a belief in the Court, that English feelings
were to revolt at American punishments. As martial law is not the
law of Westminster-hall, it is likely that he has not studied it:
but, living in this country, I cannot suppose him a stranger to
the effects of it. Who have not been eye-witnesses to the hundreds
of stripes that have been given to soldiers on the parade of St.
James’s? I saw once, my Lord, two sailors [who were perhaps impressed
men too] under the sentence of receiving five hundred lashes
each, flogged on their naked backs along the sides of thirty-four
men of war, lying at anchor in the harbour of Spithead. Was such
a punishment ever known to have been inflicted on any Negroe in
the American plantations? No, my Lord: the laws of every colony
forbid it: but a stronger law than these prevents it, the law of
self-interest. Negroes are the riches of those who possess them.
Land, without their aid and assistance, in order to cultivation,
is useless, and of no value. If their healths are impaired, their
labour is lost, and profit ceases. If their lives are destroyed,
their places must be supplied with more difficulty, and at a much
greater expence, than is commonly supposed. The good consequence of
which, my Lord, is, that the state of Negroes, _cæteris paribus_,
in America, is preferable, nay infinitely more desireable, than the
condition of the poorer sort of people residing even in this boasted
happy isle. I will not say, my Lord, that this is a rule without
an exception.
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