their authority is vested in them, that they may, by
the just exercise of it, promote the happiness of
their people. Of course, they have not a right
to dispose of their liberty, and to sell them for
slaves. Besides no man has a right to acquire,
or to purchase them; men and their liberty are not
in commercio; they are not either saleable
or purchaseable. One, therefore, has no body but
himself to blame, in case he shall find himself deprived
of a man, whom he thought he had, by buying for a
price, made his own; for he dealt in a trade which
was illicit, and was prohibited by the most obvious
dictates of humanity. For these reasons, every
one of those unfortunate men who are pretended to
be slaves, has a right to be declared to be free, for
he never lost his liberty; he could not lose it; his
Prince had no power to dispose of him. Of course,
the sale was ipso jure void. This right
he carries about with him, and is entitled every where
to get it declared. As soon, therefore, as he
comes into a country in which the judges are not forgetful
of their own humanity, it is their duty to remember
that he is a man, and to declare him to be free.
I know it has been said, that questions concerning
the state of persons ought to be determined by the
law of the country to which they belong; and that,
therefore, one who would be declared to be a slave
in America, ought, in case he should happen to be
imported into Britain, to be adjudged, according to
the law of America, to be a slave; a doctrine than
which nothing can be more barbarous. Ought the
judges of any country, out of respect to the law of
another, to shew no respect to their kind, and to humanity?
out of respect to a law, which is in no sort obligatory
upon them, ought they to disregard the law of nature,
which is obligatory on all men, at all times, and
in all places? Are any laws so binding as the
eternal laws of justice? Is it doubtful, whether
a judge ought to pay greater regard to them, than
to those arbitrary and inhuman usages which prevail
in a distant land? Aye, but our colonies would
be ruined if slavery was abolished. Be it so;
would it not from thence follow, that the bulk of
mankind ought to be abused, that our pockets may be
filled with money, or our mouths with delicacies?
The purses of highwaymen would be empty, in case robberies
were totally abolished; but have men a right to acquire
money by going out to the highway? Have men a
right to acquire it by rendering their fellow-creatures
miserable? Is it lawful to abuse mankind, that
the avarice, the vanity, or the passions of a few may
be gratified? No! There is such a thing
as justice to which the most sacred regard is due.
It ought to be inviolably observed. Have not these
unhappy men a better right to their liberty, and to
their happiness, than our American merchants have
to the profits which they make by torturing their
kind? Let, therefore, our colonies be ruined,
but let us not render so many men miserable.
Would not any of us, who should—be snatched
by pirates from his native land, think himself cruelly
abused, and at all times entitled to be free?
Have not these unfortunate Africans, who meet with
the same cruel fate, the same right? Are they
not men as well as we, and have they not the same sensibility?
Let us not, therefore, defend or support a usage which
is contrary to all the laws of humanity.