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 slavery painted on the blackest ground can be. It is slavery
itself, in its very definition; and what signifies the name, says
Hudibras, since the thing is the same? But the indispensableness of
the measure has nevertheless (to continue the metaphor) given colour
to the practice, and it is now seen in another light and view. But
to return: If your Lordship should be of opinion, for opinion it
must be, if there is no positive law to ground your judgment upon,
that Negroes in this country are free, I will place in opposition
to this, the opinions of the late Lord Chancellour Hardwick, and
his predecessor the Lord Chancellour Talbot, to wit, that Negroes
in this country are not free. Your Lordship perceives, that I take
your opinion upon supposition only; the other opinions are well-known
facts. To search then for the grounds of your opinion, without the
certainty of its being so, would be now premature and unnecessary:
but, knowing the opinions of these two great oracles of the law,
it is of necessity to conclude, that they had the most sufficient
foundation for them, seeing that it is allowed on every hand, that no
opinion was ever given in any case whatever with greater solemnity,
or more deliberation, than these were. Now, my Lord, to investigate
the reasons of these opinions, is one way, perhaps, to arrive at
the truth: but to follow men like these, in their researches, is a
procedure fitted only to abilities such as your Lordship’s are. As
conjecture however is open to all, though positive knowledge is but
the gift of a few; I shall therefore venture to suggest what might in
part have led the ideas of these great and wise men to the conclusion
which they have drawn, namely, that Negroes in this country do not
become free. I have before stated, my Lord, and have agreed with one
of the learned counsel, that the condition of slavery among Negroes
is unknown to the common law of this land: that it is a new species
of slavery, which has arisen within, and not beyond, the memory of
man, as is necessary to the descriptive quality of this kind of
law; and, therefore, being not under the comprehension, it cannot be
within the absolute provision of it, however reduceable thereto it
may be made, by analogy, implication, or construction. I have said
too, that acts of parliament are silent on this head. I have repeated
what I had before stated and said, in order to draw this inference:
that although the slavery of Negroes is unknown to the common law of
this country, and acts of parliament are silent thereupon; yet _the
right_ which Mr. Steuart claims in the Negroe, Somerset, is _a right_
given him by act of parliament.
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