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
As I began, my Lord, with making a distinction between slavery and
property, and have persisted in their legal difference relatively
to the state and condition of Negroes, some farther explanation
on this point may perhaps be looked for and required of me. I am
sensible it may objectively be said, that in every kind of slavery
there is an included degree of property, more or less limited or
extended; and that this kind of property therefore in Negroes is but
an accumulated degree of slavery: so that the distinction I have made
is a distinction without a difference, and a mere contentiousness
about words. But, although I admit the truth of this objection in
part, I must deny, in the whole, its application to the principles
of my argument. Slavery, my Lord, is that state of subjection,
which mankind, by force or otherwise, acquire _the one over the
other_. In every society therefore where this state of subjection
prevails, the object and subject of those laws necessary for the
regulation thereof are, what? _are human nature itself_. Let it
be considered then whether _human nature_ is either the object or
subject of the laws of England, respecting the state and condition of
Negroes. And here, my Lord, I beg leave to assert, that the appeal
I have already made to those laws maintains the contrary matter of
fact, with the undeniable proof of self-evidence. But it may again
be urged, that authority, however respectable, is not the test of
truth; and therefore, says the disputant, shew me the reason, the
_Cur_, the _Quare_, the _Quamobrem_, of these laws. To which, in
the language and postulate of the Greek Philosopher, I reply; that,
as matter of fact is the Δὸς ϖοῦ ϛῶ of my argument, beyond this, it
is not incumbent on me to extend my enquiries. And yet, my Lord, a
research of this nature being perhaps founded upon no impertinent or
unmeaning curiosity, the suggestions even of fancy and imagination
may not be here undeserving your Lordship’s attention; and as such
the subject is, in this view, of course not unworthy my notice.
It being then evidently the will, it is not to be presumed, till
the contrary appears, that it was the effect also of the wisdom of
parliament, that Negroes under the law should not be considered
as _human beings_; and therefore I am led to surmise that this
determination of the Legislature might have arisen from one or the
other of two motives or considerations: the one _physical_, the other
_political_. With respect then to the physical motive, your Lordship
need not be told how much the origin of Negroes, the cause of that
remarkable difference in complexion from the rest of mankind, and the
woolly covering of their heads so similar to the fleece of sheep,
have puzzled and perplexed the Naturalists of all countries for
ages past. It was a subject of the deepest reflection to the great
and learned Mr. Boyle; and what could engage his divine abilities,
without satisfaction either to himself or others, is likely to remain
Public-domain text, read in full here on John Shaqi.
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