SLAVES IN BRITAIN.

It has sometimes been predicted, not without plausibility, that if

this great empire should sink before the rising genius of some new

state, when all it has accomplished in arts and arms, and its wealth,

its literature, its machinery, are forgotten, its struggles for

humanity in the abolition of negro slavery will stand forth in

undiminished lustre. All the steps of this mighty operation are

interesting. It is a peculiarity of England and its institutions, that

many of the most momentous constitutional conflicts have taken place

in the courts of law. In despotic countries, this seldom occurs,

because the rulers can bend the courts of law to their pleasure; but

here, even under the worst governments, whatever degree of freedom was

really warranted by law, could be secured by the courts of justice.

When it was said that the air of Britain was too pure for a slave to

breathe in--that his shackles fell off whenever he reached her happy

shore--the sentiment was noble; but the question depended entirely on

the law and its technical details. The trials resulting in a decision

against slavery, have thus much interest from the influence they

exercised on human progress.

There seemed to be every probability that the interesting question,

whether ownership in slaves continued after they had reached Britain,

would have been tried in Scotland. In the middle of last century, a Mr

Sheddan had brought home from Virginia a negro slave to be taught a

trade. He was baptised, and, learning his trade, began to acquire

notions of freedom and citizenship. When the master thought he had

been long enough in Scotland to suit his purpose, the negro was put on

board a vessel for Virginia. He got a friend, however, to present for

him a petition to the Court of Session. The professional report of the

case in _Morison's Dictionary of Decisions_ says: 'The Lords appointed

counsel for the negro, and ordered memorials, and afterwards a hearing

in presence, upon the respective claims of liberty and servitude by

the master and the negro; but during the hearing in presence, the

negro died, so the point was not determined.' In the English case, to

which we shall presently advert, it was maintained, that from the

known temper and opinions of the court, the decision, would

undoubtedly have been in the negro's favour. At the time when Mr

Grenville Sharp, to his immortal honour, took up in the courts of law

the question of personal liberty as a legal right, there was a more

serious risk of Britain becoming a slave state than it is now easy to

imagine. There was no chance of negroes being employed in gangs in the

field or in manufactories, but there was imminent danger of their

being brought over and kept in multitudes as domestic servants, just

as they are still in some of the southern states of America. Mr Sharp

drew attention to the following advertisement in the _Public

Advertiser_ of 28th March 1769, as one of a kind becoming too common:

'To be sold, a Black Girl, the property of J. B----, eleven years of

age, who is extremely handy, works at her needle tolerably, and speaks

English perfectly well; is of an excellent temper and willing

disposition.

'Inquire of Mr Owen, at the Angel Inn, behind St Clement's Church in

the Strand.'

Mr Sharp's early conflicts in the law-courts are more romantic than

the last and decisive one. He and his brother had found a poor

mendicant negro, called Jonathan Strong, in rags on the streets of

London. They took him into their service, and after he had become

plump, strong, and acquainted with his business, the man who had

brought him from the colonies, an attorney, seeing him behind a

carriage, set covetous eyes on him. The lad was waylaid on a false

message to a public-house, seized, and committed to the Compter,

where, however, he managed to make Mr Sharp acquainted with his

position. The indefatigable philanthropist had him brought before the

lord mayor as sitting magistrate. After hearing the case stated, his

lordship said: 'The lad had not stolen anything, and was not guilty of

any offence, and was therefore at liberty to go away.' A captain of a

vessel, saying he had been employed by a person who had just bought

the youth, to convey him to Jamaica, seized him by the arm as his

employer's property. A lawyer standing behind Mr Sharp, who seems to

have been puzzled how to proceed, whispered, 'Charge him.' Sharp

charged the captain with an assault, and as he would have been

immediately committed by the lord mayor if he persisted, he let go his

hold. The philanthropist was threatened with a prosecution for

abstraction of property, but it was abandoned.

This occurred in 1767. The next important case was that of a negro

named Lewis. He 'had formerly,' says Mr Sharp's biographer, 'been a

slave in possession of a Mr Stapylton, who now resided at Chelsea.

Stapylton, with the aid of two watermen, whom he had hired for that

purpose, in a dark night seized the person of Lewis, and, after a

struggle, dragged him on his back into the water, and thence into a

boat lying in the Thames, where, having first tied his legs, they

endeavoured to gag him by running a stick into his mouth; and then

rowing down to a ship bound for Jamaica, whose commander was

previously engaged in the wicked conspiracy, they put him on board, to

be sold as a slave on his arrival in the island.' The negro's cries,

however, were heard; the struggle was witnessed; and information given

in the quarter whence aid was most likely to come. Mr Sharp lost no

time in obtaining a writ of habeas corpus. The ship in the meantime

had sailed from Gravesend, but the officer with the writ was able to

board her in the Downs. There he saw the negro chained to the mast.

The captain was at first furious, and determined to resist; but he

knew the danger of deforcing an officer with, such a writ as a habeas

corpus, and found it necessary to yield. The writ came up before Lord

Mansfield. He did not go into the general question of slavery, for

there was an incidental point on which the case could be decided on

the side of humanity--the captain and the persons employing him could

not prove their property in the slave, supposing such property lawful.

He was not only liberated, but his captors were convicted of assault.

These cases, however, did not decide the wide question, whether it was

lawful to hold property in negroes in this country. It came at last to

be solemnly decided in 1771, on a habeas corpus in the King's Bench.

Affidavits having been made before Lord Mansfield, that a coloured

man, named Somerset, was confined in irons on board a vessel called

the _Ann and Mary_, bound for Jamaica, he granted a habeas corpus

against the captain, to compel him to give an account of his authority

for keeping the man in custody. Somerset had been a slave in Virginia,

the property of a Mr Stewart; and the captain of the vessel stated

that the owner had put him on board, to be conveyed to Jamaica, and

there sold. In what was called the return to the writ, the

justification for keeping Somerset in restraint was thus quaintly

stated:--'That at the time of bringing the said James Somerset from

Africa, and long before, there were, and from thence hitherto there

have been, and still are, great numbers of negro slaves in Africa; and

that during all the time aforesaid, there hath been, and still is a

trade, carried on by his majesty's subjects from Africa, to his

majesty's colonies or plantations of Virginia and Jamaica, in America,

and other colonies and plantations belonging to his majesty in

America, for the necessary supplying of the foresaid colonies and

plantations with negro slaves.' It proceeded to relate with the same

verbosity, that the slaves so brought from Africa 'have been and are

saleable and sold as goods and chattels; and upon the sale thereof,

have become, and been, and are, the slaves and property of the

purchasers thereof.' It was stated that Mr Stewart, who resided in

Virginia, had Somerset as a domestic slave or valet--that having

business to transact in London, he took his usual attendant there,

intending to take him back to Virginia. Somerset, however, made his

escape; and when he was apprehended, his master, probably believing

that he would thenceforth be rather a troublesome valet, changed his

intention, and put the negro into the hands of the captain of a vessel

bound for Jamaica, that he might be sold there.

The pleadings upon the legality of this proceeding were solemn and

full. The question was, Whether it was to be held a just inference,

from the fact of the slave, being undoubtedly by the law of the day

property in the colonies, that, while his colonial master made a

temporary stay in Britain, he should be property there also, without

any direct law to that effect. Had it been a question of inanimate

goods, there would be no reason why the property should not continue

in the colonial owner. It would be all one to the inanimate object

what hands it was in, and regularity and justice would decree that the

person who was owner of it in one country should be so in another. But

in these cases there was a separate adverse interest of a very strong

character. Was the uniformity of this right of possession sufficient

to overrule another right--that which every man, black or white, had

to the freedom of his own person, unless there was special law to

restrain it? The counsel for the negro not only pleaded strongly on

this his personal right, but on the consequence to the moral condition

of the British Empire, if the inhabitants of slave countries could

bring their slaves hither. From the strictness of the laws, and the

uniformity of the course of justice, if slaves were permitted in

England, it was the very place where property in them would be most

secure. Thus the country might become a resort of slaveholders, and

its boasted purity and freedom would be sadly contaminated. 'If that

right,' said Mr Hargrave, 'is here recognised, domestic slavery, with

its horrid train of evils, may be lawfully imported into this country,

at the discretion of every individual, foreign and native. It will

come not only from our own colonies, and those of other European

nations, but from Poland, Russia, Spain, and Turkey--from the coast of

Barbary, from the western and eastern coasts of Africa--from every

part of the world where it still continues to torment and dishonour

the human species.'

The counsel on the other side was the celebrated Mr Dunning,

afterwards Lord Ashburton, a friend of freedom, who seems to have

undertaken the cause on notions of professional duty, and without any

great inclination for it. His first words were: 'It is incumbent on me

to justify Captain Knowles's detainer of the negro.' He was careful to

shew, that he did not in the meantime maintain that there was an

absolute property in Somerset--it was sufficient to shew, that there

was a sufficient presumption of property to authorise the shipmaster

in detaining him until the absolute question of right was solemnly

settled. He proceeded to say: 'It is my misfortune to address an

audience, the greater part of which I fear are prejudiced the other

way. But wishes, I am well convinced, will never be allowed by your

lordships to enter into the determination of the point. This cause

must be what in fact and law it is. Its fate, I trust, therefore,

depends on fixed and variable rules, resulting by law from the nature

of the case. For myself, I would not be understood to intimate a wish

in favour of slavery by any means; nor, on the other side, to be

supposed the maintainer of an opinion contrary to my own judgment. I

am bound in duty to maintain those arguments which are most useful to

Captain Knowles, as far as is consistent with truth; and if his

conduct has been agreeable to the laws throughout, I am under a

further indispensable duty to support it.'

Much reference was made to the ancient laws of villenage, or

semi-slavery, in Britain. Mr Dunning maintained, that these were

testimony that a slave was not an utter anomaly in the country. The

class of villeins had disappeared, and the law regarding them was

abolished in the reign of Charles II. But he maintained, that there

was nothing in that circumstance to prohibit others from establishing

a claim upon separate grounds. He said: 'If the statute of Charles II.

ever be repealed, the law of villenage revives in its full force.' It

was stated that there were in Britain 15,000 negroes in the same

position with Somerset. They had come over as domestics during the

temporary sojourn of their owner-masters, intending to go back again.

Then it was observed, that many of the slaves were in ships or in

colonies which had not special laws for the support of slavery; and by

the disfranchisement of these, British subjects would lose many

millions' worth of property, which they believed themselves justly to

possess.

British justice, however, has held at all times the question of human

liberty to be superior to considerations of mere expediency. If the

question be, who gains or loses most, there never can be a doubt that

the man whose freedom has been reft from him has the greatest of all

claims for indulgence. Accordingly, Lord Mansfield, the presiding

judge, looking in the face all the threatened evils to property, held

that nothing but absolute law could trench on personal freedom. He

used on the occasion a Latin expression, to the effect that justice

must be done at whatever cost; it has found its way into use as a

classical expression, and as no one has been able to find it in any

Latin author, it is supposed to have been of Lord Mansfield's own

coining. 'Mr Stewart,' he said, 'advances no claims on contract; he

rests his whole demand on a right to the negro as slave, and mentions

the purpose of detainure of him to be the sending him over to be sold

in Jamaica. If the parties will have judgment, _fiat justitia ruat

coelum_--Let justice be done whatever be the consequence.' In finally

delivering judgment, he concluded in these simple but expressive

terms: '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,

occasion, and time itself, for which it was created, are 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.'

A few years afterwards--in 1778--a case occurred in Scotland, where

the question of a master's rights over a negro slave in Britain was at

issue. The right claimed in this case, however, was not of so

offensive a nature. The master did not claim the power of seizing the

negro as his property. He maintained, however, that their mutual

position gave him a right to claim the negro's services, as if he had

engaged himself as a servant for life. Mr Wedderburn had bought in

Jamaica a negro named Knight, about twelve years old. He came to

Scotland as Mr Wedderburn's personal servant, married in the country,

and for some years seemed contented with his position. Probably at the

suggestion of some one who wished to try the question, as it had been

tried in England, Knight went off, avowing his intention of being

free. Mr Wedderburn applied to a justice of peace, who at once issued

a warrant for the negro's apprehension. The matter, however, came

before the sheriff, a professional judge, who decided that the

colonial laws of slavery do not extend to Scotland, and that personal

service for life is just another term for slavery. After a tedious

litigation, this view was affirmed by the Court of Session, and the

negro was declared free. The case acquired notice from the interest

taken in it by Dr Johnson, and the frequent mention of it in Boswell's

well-known work.

Chambers's Edinburgh Journal, No. 448 Volume 18, New Series, July 31, 1852 · 第 5 / 16 题