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
Slavery being called in to preside over Negroes, Trade, the guardian
angel of England, was made the ruler of them. This I attribute to
policy; which, however seemingly more constitutional, was not less
favourable to the ruling principle of the Crown. I have already
admitted, that to erect corporations, and to grant Letters Patent for
the purposes of trade, are in the Crown its undoubted prerogative;
but, considering Negroes as human creatures, and upon a level with
ourselves, I submit it to your Lordship, that the Crown had no right
to make slaves of them; whatever the uncontroulable power of an act
of parliament might do: and yet Charles the Second, by his Charter
only to the Duke of York, _enslaved_ whole nations of these people.
The apology, I apprehend, for this, my Lord, will be; that neither
this Charter, nor any other Grant, have ever conceived Negroes in
this light and view; as, relation being thereunto had, will more
fully appear[19]. If so, my Lord, two things come out in proof:
_presumptively_, that the Crown had no right of itself to make slaves
of Negroes, or it would, in those days at least, have exerted it;
_positively_ by these authorities themselves, that Negroes are not
considered as slaves under the idea of slavery, but merely as matter
of commercial property, and articles of the trade of this country.
If now, my Lord, I have supported the doctrine which I took upon
me to evince, and have satisfactorily shewn, that property is the
gift of action in this case, thereby proving that Mr. Steuart may
of course legally compel Somerset to return to the Plantations, I
shall leave its decision to your Lordship, on a quotation of your own
words: “It is not my business to alter the law; or to make it, but to
find the law.”
It remains then only to observe, that if Somerset is the legal
property of Steuart, he, Somerset, cannot legally be entitled to
the writ which he has sued out in aid of relief. The writ of Habeas
Corpus is a writ of right given to the subjects of the Crown of
England, for the security of their liberties. If Somerset can fall
under this predicament and description, he is open to the benefits
that may arise therefrom; but if the law has already fixed the _fiat_
of property on him, I apprehend it is a _legal_ exception to the
writ, and his right is foreclosed thereby.
Having said thus much, my Lord, on one side of the question, I do not
mean to conceal my sentiments on the other. My aim is, to establish
the truth: my wish, that what is right should be done. Whatever then
is here the result of my reflections, to obtain the end I propose, is
necessary to your Lordship’s information.
Public-domain text, read in full here on John Shaqi.
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