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
Being, both by birth and fortune, connected with one of the Islands
in America, I was led, somewhat interestedly as your Lordship may
suppose, to attend to the arguments that were lately offered in the
Court of King’s Bench, in the Case of Somerset the Negroe _versus_
Knowles and others. It was a new case, said to be full of concern
to America; and it had engrossed much of general expectation. My
object therefore was that of information: but, without meaning to
lessen the labours, or depreciate the merits of the learned counsel
concerned therein, I must confess, that the lights thrown on the case
did by no means appear to me as, on either side, decisive of the
point in question[1]. It is true that a vast and extensive variety of
reading was shewn and discovered: the profoundest depths of learning
and science were fathomed and explored: lawgivers, philosophers,
civilians, from all historic existence, were brought to light and
examined: the examples, definitions, and opinions, which Moses,
Aristotle, Justinian, Grotius, Pufendorff, and the rest, had given
of slavery, were cited, explained, and enlarged upon: the edicts
and regulations of French, Spanish, German, Flemish, and Dutch
police on this head were mentioned and produced. But, my Lord, with
all due deference and submission, may I ask, how applicable was
this antiquated and foreign doctrine to the case then under your
Lordship’s contemplation? The politics of Aristotle are not the rules
of the Court of King’s Bench; _neither is Roman jurisprudence the
law of that court_. As a display of general knowledge, it had with
me, as it must have had with every one present, its great abundance
of merit and commendation; and I had followed the learned gentlemen,
with the highest pleasure, in their travels and pursuits abroad
in search of matter of illustration, if the case had been brought
home with them at last, and rested on its own _native_ ground and
foundation. But herein, my Lord, I found myself unsatisfied and
disappointed: for how the question remained with your Lordship as a
point of law for the judgment of the Court, I own, I was unable to
comprehend, or to learn. It is therefore, my Lord, that I now take
the liberty to offer the following Considerations to your Lordship’s
notice and observance; trusting to the importance of the subject, and
to your wonted candour, for my apology and pardon in the attempt.
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