The History of the Rise, Progress and Accomplishment of the Abolition of the African Slave Trade by the British Parliament (1808), Volume I eBook

This eBook from the Gutenberg Project consists of approximately 384 pages of information about The History of the Rise, Progress and Accomplishment of the Abolition of the African Slave Trade by the British Parliament (1808), Volume I.

The History of the Rise, Progress and Accomplishment of the Abolition of the African Slave Trade by the British Parliament (1808), Volume I eBook

This eBook from the Gutenberg Project consists of approximately 384 pages of information about The History of the Rise, Progress and Accomplishment of the Abolition of the African Slave Trade by the British Parliament (1808), Volume I.

[Footnote A:  It is lamentable to think, that the same Mr. Dunning, in a cause of this kind, which came on afterwards, took the opposite side of the question.]

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 vessel 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.

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The History of the Rise, Progress and Accomplishment of the Abolition of the African Slave Trade by the British Parliament (1808), Volume I from Project Gutenberg. Public domain.