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
[3] I have referred to this period of the Negroe-trade to Africa,
because Acts of Parliament go no farther back in confirmation of
it; but its commencement was of much earlier date. It began in this
country about the middle of the 15th century, and was carried on by
means of letters patent obtained by individual traders for their
private emolument, until the growth of the English plantations in
America, in the next century, made it an object of such importance,
as not only to render the establishment of a company necessary,
but of such profit as to engage even crowned heads to be concerned
therein. The first charter was granted in the year 1661, in favour
of the Duke of York; but being revoked by consent of parties, it was
renewed in the year 1663, with more ample privileges than the former.
The principal adventurers here, were Queen Catharine of Portugal,
Mary Queen of France, the Duke of York, Henrietta Maria Duchess of
Orleans, Prince Rupert, and others of the Court. Thus upon the ground
of an exclusive Right was this trade continued, till, by the vast
increase of the colonies, it became, in the beginning of the present
century, a weight too heavy for the support of prerogative; and so
falling under the protection of Parliament, was made, as it now is, a
free, open, and _national_ concern.
[4] Mr. Hargrave says, in his argument, p. 67. “Another objection
will be, that there are English acts of parliament, which give a
sanction to the slavery of Negroes; and therefore that it is now
lawful, whatever it might be antecedently to those statutes. The
statutes in favour of this objection are the 5th of Geo. II. ch. 7,
which makes Negroes in America liable to all debts, simple contract
as well as speciality, and the statutes regulating the African
trade, particularly the 23d Geo. II. ch. 31, which in the preamble
recites that the trade to Africa is advantageous to Great Britain,
and necessary for supplying its colonies with Negroes. But the utmost
which can be said of these statutes is, that they impliedly authorize
the slavery of Negroes in America; and it would be a strange thing to
say, that permitting slavery there, includes a permission of slavery
here. By an unhappy concurrence of circumstances, the slavery of
Negroes is thought to have become necessary in America; and therefore
in America our Legislature has permitted the slavery of Negroes. But
the slavery of Negroes is unnecessary in England, and therefore the
Legislature has not extended the permission of it to England; and
not having done so, how can this Court be warranted to make such an
extension?” Now this is the very assertion without proof that I have
complained of above, and have there fully answered: but, in truth,
the best answer it can receive, is its own futility. Why did not Mr.
Hargrave, instead of his _ipse dixit_, produce authorities to set
aside this objection? He is on other occasions not sparing of proofs
and citations. But what is his _ipse dixit_? It is this:
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