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
The first Edition of the following Considerations on the Negroe
Cause was written with haste, and published in a hurry. The hope of
seeing some much abler pen than mine engaged in the discussion of
so important a question, and yet seemingly so little understood,
withheld me from the undertaking; till disappointment made it the
resolution of an hour, and want of time the effect of a few days
attention only. It was evident that whatever was to have been
suggested on the subject, ought to have been known antecedently to
the legal decision of the Case: but led on by the expectation of the
more useful endeavours of others, already was the Term, in which
judgment was to be given, treading closely on my heels, without
my having taken one single step in advance of the design. Thus
circumstanced, such dispatch became necessary as could not fail to
produce errors, imputable both to me and the printer. Whilst one part
of the pamphlet was printing, the other was preparing for the press:
but even this expedition had not its desired effect. The Judgment
was beforehand with the Publication: whereby the Considerations
themselves were deprived of their object, and I, in some measure,
foiled in my purpose. Upon finding however that the very grounds of
my argument (to wit, the opinions of the Lord Chancellors Hardwick
and Talbot) were the subjects of _due attention_ to the Court, and
that the determination rested on this particular Case _only_, from
circumstances of insufficiency arising out of the return made to the
writ of Habeas Corpus, I was induced to suffer this performance to
make its appearance to the public eye, though, like Hamlet’s Ghost,
with all its imperfections on its head.
But being now called upon for a second Edition, I have carefully
corrected the errors of the first, so far as they were perceiveable
to me. I have considerably enlarged the work itself. I have inserted
several notes, in some of which the principles of the late published
argument of Mr. Hargrave, and the argument itself, as applied to the
merits of this question, are _shortly_ examined, though (with what is
offered in the text) it is to be presumed, _fully_ refuted.
Supposing too, that the judgment of the Court of King’s Bench in this
case might be no improper addition, I have, from the most authentic
copy I was able to procure, inserted it here: taking the liberty at
the same time of making some few occasional remarks upon it.
Public-domain text, read in full here on John Shaqi.
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