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
When this matter, therefore, was first in agitation, it stated itself
thus generally to my comprehension: that as it was a case which
existing for two centuries and upwards, and never receiving finally
any judicial determination, it had better remain in the situation it
was. It compared itself to me with some cases of royal prerogative,
and of parliamentary privilege, which were excellent in theory, but
subject to inconvenience in practice; and whose best and safest law
was that of suspense: but, my Lord, when I found that the case was
to be argued, and the judgment of the Court of King’s Bench taken
thereupon, my hopes were, that, if it was possible to counteract
the law of the land, the decision would be in favour of the Negroe:
for although the knowledge of their being free might spirit them
up to insurrections in America, yet it would put a stop to their
importation here by their owners, and they would be more usefully
kept and employed in the colonies to which they belonged. On the
contrary determination too, my Lord, it being solemnly adjudged that
Negroes in this country were not free, I foresaw that this fatal
consequence might follow: that the trade from Africa to America
would be diverted from Africa to England; and Negroes, in process
of time, would be sold in Smithfield market, as horses and cattle
now are. Each farmer would have his Negroe to drive his plough, each
manufacturer his slave under his own controul; and America that was
conquered in Germany, as was the saying of a very great man, would
become America ruined in England.
Public-domain text, read in full here on John Shaqi.
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