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. — John Shaqi
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
There are madmen in all parts of the world, who, as
such, act diametrically opposite to their interest. Such there are
in America: but your Lordship sees, that the observation is founded
on reason; and I can assure your Lordship, that it is the effect of
general experience. But, my Lord, I cannot quit this subject without
making all due allowance for the learned counsel’s zeal for his
client, and for the warmth of his youth, which probably might have
hurried him into this ill-grounded and uncalled-for reproach. It was
ill-grounded, as, I hope, I have proved: it was uncalled-for, because
not necessary to the question; and could no otherwise have been
applied or received, than as mere _argumenta ad passiones_: which,
however admissable to the ears of a jury, to the distinguishing eye
of a court, never fail to carry with them their own impropriety. But
in justice to the gentleman, in other respects, I am called upon
to say, that it was with infinite pleasure I perceived those rays
of genius and abilities in him, which promise to shine forth so
conspicuously, to the ornament of this country, and to the honour of
Barbadoes, his native island, in America[8].
I come now, my Lord, to say, that I hope it will not be imputed to me
as vanity, that I have ventured to suggest what might in part have
led the ideas of those great and wise men, the Lord Chancellours
Talbot and Hardwick, to the conclusion which they have drawn, namely,
that Negroes in this country do not become free. I was encouraged
in the undertaking, by the greatness of their authority. I was
enlightened in the pursuit, by the evidence of their opinion. I
thought myself justified in resting their chief reasons and motives
on the principles of property; and I will produce the opinion itself,
as the warrant of my justification:
“We are of opinion, That a slave, by coming from the West Indies,
either with or without his master, to Great Britain or Ireland,
doth not become free; and that his master’s _property_ or _right_
in him is not thereby determined or varied; and baptism doth not
bestow freedom on him, nor make any alteration in his temporal
condition in these kingdoms: We are also of opinion, that the
master may _legally_ compel him to return to the plantations[9].
“P. YORK.
“C. TALBOT.”
Jan. 24, 1729.
Upon this opinion, my Lord, I shall make no other remark, than that
right and property seem to be the obvious ground and foundation of
it, or the hinges whereupon the whole is made to hang and to turn.
Public-domain text, read in full here on John Shaqi.
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