The History of the Rise, Progress and Accomplishment of the Abolition of the African Slave-Trade, by the British Parliament (1839)Clarkson, Thomas
History
The History of the Rise, Progress and Accomplishment of the Abolition of the African Slave-Trade, by the British Parliament (1839)
Clarkson, Thomas
Slave trade -- Africa
After this one or two other trials came on, in which the oppressor was
defeated, and several cases occurred in which poor slaves were liberated
from the holds of vessels and other places of confinement, by the
exertions of Mr. Sharp. One of these cases was singular. The vessels on
board which a poor African had been dragged and confined, had reached
the Downs, and had actually got under weigh for the West Indies: in two
or three hours she would have been out of sight; but just at this
critical moment the writ of _habeas corpus_ was carried on board. The
officer who served it on the captain saw the miserable African chained
to the mainmast, bathed in tears, and casting a last mournful look on
the land of freedom, which was fast receding from his sight. The
captain, on receiving the writ, became outrageous; but knowing the
serious consequences of resisting the law of the land, he gave up his
prisoner, whom the officer carried safe, but now crying for joy, to the
shore.
But though the injured Africans, whose causes had been tried, escaped
slavery, and though many who had been forcibly carried into dungeons,
ready to be transported into the Colonies, had been delivered out of
them, Mr. Sharp was not easy in his mind: not one of the cases had yet
been pleaded on the broad ground, "Whether an African slave, coming into
England, became free?" This great question had been hitherto studiously
avoided; it was still, therefore, left in doubt. Mr. Sharp was almost
daily acting as if it had been determined, and as if he had been
following the known law of the land: he wished, therefore, that the next
cause might be argued upon this principle. Lord Mansfield too, who had
been biassed by the opinion of York and Talbot, began to waver in
consequence of the different pleadings he had heard on this subject: he
saw also no end of trials like these, till the law should be
ascertained, and he was anxious for a decision on the same basis as Mr.
Sharp. In this situation the following case offered, which was agreed
upon for the determination of this important question.
James Somerset, an African slave, had been brought to England by his
master, Charles Stewart, in November 1769. Somerset in process of time
left him. Stewart took an opportunity of seizing him, and had him
conveyed on board the Ann and Mary, Captain Knowles, to be carried out
of the kingdom and sold as a slave in Jamaica: the question was,
"Whether a slave, by coming into England, became free?"
In order that time might be given for ascertaining the law fully on this
head, the case was argued at three different sittings. First, in
January, 1772; secondly, in February, 1772; and thirdly, in May, 1772.
And that no decision otherwise than what the law warranted might be
given, the opinion of the judges was taken upon the pleadings. The great
and glorious result of the trial was, "That as soon as ever any slave
set his foot upon English territory, he became free."
Public-domain text, read in full here on John Shaqi.
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