"On the 3rd of Dec., 1771, affidavits were made by Thomas Walklin, Elizabeth Cade, and John Marlow, that James Sommersett, a Negro, was confined in irons on board a ship called the _Ann_ and _Mary_, John Knowls commander, lying in the Thames, and bound for Jamaica. Lord Mansfield, upon the prayer of the above subscribers, allowed a writ of _habeas corpus_, requiring the return of the body of Sommersett before his lordship with an explanation of the cause of his detention. On the 9th of Dec., Capt. Knowls produced the body of Sommersett in Court. Lord Mansfield, after a preliminary examination, referred the matter to the Court of King's Bench, and, therefore, took sureties, and bound Sommersett over 'till 'the 2nd day of the next Hillary term.' At the time appointed the defendant with counsel, the reputed master of the Negro man Sommersett, and Capt. John Knowls, appeared before the court. Capt. Knowls recited the reasons that led him to detain Sommersett: whereupon the counsel for the latter asked for time in which to prepare an argument against the return. Lord Mansfield gave them until the 7th of February. At the time appointed Mr. Sergeant Davy and Mr. Sergeant Glynn argued against the return, and had further argument 'postponed' till Easter term,' when Mr. Mansfield, Mr. Alleyne, and Mr. Hargrave argued on the same side. 'The only question before us is whether the cause on the return is sufficient. If it is, the Negro must be remanded; if it is not, he must be discharged. The return states that the slave departed and refused to serve, whereupon he was kept to be sold abroad. So high an act of dominion must be recognized by the law of the country where it is used. The power of a master over his slave has been exceedingly different in different countries. The state of slavery is of such a nature that it is incapable of being introduced on any reasons, moral or political, but only by positive law, which preserves its force long after the reasons, occasions, and time itself from whence it was created is erased from memory. It is so odious that nothing can be suffered to support it but positive law. Whatever inconveniences, therefore, may follow from the decision, I cannot say this case is allowed or approved by the law of England, and therefore the black must be discharged.'" The influence of this decision was wide-spread, and hurtful to slavery in the British colonies in North America. It poured new life into the expiring hopes of the Negroes, and furnished a rule of law for the advocates of "freedom for all." It raised a question of law in all the colonies as to whether the colonial governments could pass an Act legalizing that which was "contrary to English law."[366]