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
not, your Lordship finds that the fact of property is admitted by
the learned Judge, without the proper foundation of law to support
it. But he proceeds to say, “though, _accurately speaking_, that
property consists rather in the perpetual service, than in the body
or person of the captives.” _Accurately speaking_, my Lord, I join
issue with the learned Judge: but, _legally speaking_, the law is
as he had stated it to be. Those who speak accurately reason from
the real nature of Negroes, and draw their conclusions from thence:
the Lords Talbot and Hardwick spoke legally, and drew their opinions
from the fountain-head of law. Besides, my Lord, I conceive it to be
impossible that the law should be as these interpreters or reporters
have made it to be; because the result of it is plain—inconsistency,
and positive absurdity. If Somerset is protected by the law of
England in the enjoyment of his person and property, how, in appeal
to common sense, can Mr. Steuart’s right in him remain exactly in the
same state as before? “Yes, it may be said, he has a right to the
perpetual service of him; for this is no more than the same state of
subjection for life, which every apprentice submits to for the space
of seven years, or sometimes for a longer time.” But by what mode or
method does Mr. Steuart acquire this perpetual right to his service?
There is no indenture of apprenticeship on the part of Somerset to
him: there is no written contract of any sort or kind whatever,
there is no parole agreement between them, to enforce this right of
service. How is it to be maintained then? If by the purchase of him,
property is the offspring of purchase; and, as such, Mr. Steuart
claims him. If he is not his property, he has otherwise no right in
him, nor to his services, and, again, if he is his property, who
shall disseise him thereof?
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