Self Help; with Illustrations of Conduct and PerseveranceSmiles, Samuel
Philosophy
Self Help; with Illustrations of Conduct and Perseverance
Smiles, Samuel
Conduct of life
The question of the personal liberty of the negro in England was
therefore still undecided; but in the mean time Mr. Sharp continued
steady in his benevolent course, and by his indefatigable exertions and
promptitude of action, many more were added to the list of the rescued.
At length the important case of James Somerset occurred; a case which is
said to have been selected, at the mutual desire of Lord Mansfield and
Mr. Sharp, in order to bring the great question involved to a clear legal
issue. Somerset had been brought to England by his master, and left
there. Afterwards his master sought to apprehend him and send him off to
Jamaica, for sale. Mr. Sharp, as usual, at once took the negro’s case in
hand, and employed counsel to defend him. Lord Mansfield intimated that
the case was of such general concern, that he should take the opinion of
all the judges upon it. Mr. Sharp now felt that he would have to contend
with all the force that could be brought against him, but his resolution
was in no wise shaken. Fortunately for him, in this severe struggle, his
exertions had already begun to tell: increasing interest was taken in the
question, and many eminent legal gentlemen openly declared themselves to
be upon his side.
The cause of personal liberty, now at stake, was fairly tried before Lord
Mansfield, assisted by the three justices,—and tried on the broad
principle of the essential and constitutional right of every man in
England to the liberty of his person, unless forfeited by the law. It is
unnecessary here to enter into any account of this great trial; the
arguments extended to a great length, the cause being carried over to
another term,—when it was adjourned and re-adjourned,—but at length
judgment was given by Lord Mansfield, in whose powerful mind so gradual a
change had been worked by the arguments of counsel, based mainly on
Granville Sharp’s tract, that he now declared the court to be so clearly
of one opinion, that there was no necessity for referring the case to the
twelve judges. He then declared that the claim of slavery never can be
supported; that the power claimed never was in use in England, nor
acknowledged by the law; therefore the man James Somerset must be
discharged. By securing this judgment Granville Sharp effectually
abolished the Slave Trade until then carried on openly in the streets of
Liverpool and London. But he also firmly established the glorious axiom,
that as soon as any slave sets his foot on English ground, that moment he
becomes free; and there can be no doubt that this great decision of Lord
Mansfield was mainly owing to Mr. Sharp’s firm, resolute, and intrepid
prosecution of the cause from the beginning to the end.
Public-domain text, read in full here on John Shaqi.
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