,,transcriber',s ,,note      ,italic    
text is denoted by underscores4         
,the original text used the character   
7long-form s72 these have been          
replaced by the normal s in this etext4 
,footnote anchors are denoted by number1
 and the footnotes have been    placed  
at the end of the book4      ,some minor
 changes to the text are noted at the   
end of the book4                        
,,considerations                        
,,on ,,the                              
,,negroe ,,cause                        
,,commonly ,,so ,,called1               
,,addressed ,,to                        
,,the ,,right ,,honourable              
,,lord ,,mansfield1                     
,,lord ,,chief ,,justice of the ,,court 
of                            ,,king',s 
,,bench1 c4                        ,by  
,,samuel ,,estwick1 ,a4 ,m4 ,,ll4,d4    
,member of ,parliament for the ,borough 
of ,westbury4                           
,,the ,,third ,,edition4                
,,london3                  ,printed for 

,j4 ,,dodsley1 in ,,pall-,,mall4        
,m4,,dcc4,,lxxxviii4                    
,price #bs4          ,,advertisement    
,,to ,,the    ,,reader4      ,the       
judgment that was given in the case of  
,somerset and ,knowles1 so  contrary to 
the received opinions at that time1 and 
to the general  sense of the nation     
before1 having laid the foundation upon 
which  all the various speculations that
 upon this subject have since  been     
raised1 and which are at length so      
magnified and enlarged as  to become the
 object of a ,parliamentary ,inquiry2 it
 is imagined1  that a review of some of 
the arguments which were made use of on 
that occasion may not1 in the present   
moment1 be thought either  impertinent  
or unseasonable4    ,it is under this   
idea then1 that the following           
,considerations are  again brought      
forward to the public notice3 and       
although their  primary object was to   
fix and ascertain the ground upon which 
the  ,owner claimed a right to his      

,negroe1 and insomuch to develope the   
subject from the mist and mystery with  
which it was want to be  surrounded2 yet
 in the course of their perusal it will1
 perhaps1 be  found1 that there are not 
wanting answers to some of the most     
leading  and popular objections of the  
day2 that there are some observations   
and remarks1 as new in themselves1 as   
they have been and are still            
unanswered2 and withal1 that no part of 
the performance is of a  complexion that
 can do injury1 that may not produce    
some good1 and  of which the author1    
notwithstanding the distance of time    
from its  publication1 feels that he has
 either cause to be ashamed1 or reason  
to repent4          ,,preface4      ,the
 first ,edition of the following        
,considerations on the ,negroe  ,cause  
was written with haste1 and published in
 a hurry4 ,the hope of  seeing some much
 abler pen than mine engaged in the     
discussion of  so important a question1 
and yet seemingly so little understood1 

withheld me from the undertaking2 till  
disappointment made it the  resolution  
of an hour1 and want of time the effect 
of a few days  attention only4 ,it was  
evident that whatever was to have been  
suggested on the subject1 ought to have 
been known antecedently to  the legal   
decision of the ,case3 but led on by the
 expectation of the  more useful        
endeavours of others1 already was the   
,term1 in which  judgment was to be     
given1 treading closely on my heels1    
without  my having taken one single step
 in advance of the design4 ,thus        
circumstanced1 such dispatch became     
necessary as could not fail to  produce 
errors1 imputable both to me and the    
printer4 ,whilst one part  of the       
pamphlet was printing1 the other was    
preparing for the press3  but even this 
expedition had not its desired effect4  
,the ,judgment  was beforehand with the 
,publication3 whereby the               
,considerations  themselves were        
deprived of their object1 and ,i1 in    

some measure1  foiled in my purpose4    
,upon finding however that the very     
grounds of  my argument 7to wit1 the    
opinions of the ,lord ,chancellors      
,hardwick  and ,talbot7 were the        
subjects of due attention to the ,court1
 and  that the determination rested on  
this particular ,case only1 from        
circumstances of insufficiency arising  
out of the return made to the  writ of  
,habeas ,corpus1 ,i was induced to      
suffer this performance to  make its    
appearance to the public eye1 though1   
like ,hamlet's ,ghost1  with all its    
imperfections on its head4    ,but being
 now called upon for a second ,edition1 
,i have carefully  corrected the errors 
of the first1 so far as they were       
perceiveable  to me4 ,i have            
considerably enlarged the work itself4  
,i have inserted  several notes1 in some
 of which the principles of the late    
published  argument of ,mr4 ,hargrave1  
and the argument itself1 as applied to  
the  merits of this question1 are       

shortly examined1 though 7with what is  
offered in the text7 it is to be        
presumed1 fully refuted4    ,supposing  
too1 that the judgment of the ,court of 
,king's ,bench in this  case might be no
 improper addition1 ,i have1 from the   
most authentic  copy ,i was able to     
procure1 inserted it here3 taking the   
liberty at  the same time of making some
 few occasional remarks upon it4    ,the
 following is said to be the substance  
of ,lord ,mansfield's  speech in the    
case of ,somerset and ,knowles3 8,we pay
 due attention to  the opinion of ,sir  
,philip ,yorke and ,mr4 ,talbot in the  
year #agbi1 by  which they pledged      
themselves to the ,british ,planters for
 the legal  consequences of bringing    
,negroe-slaves into this kingdom1 or    
their  being baptized20 which opinion   
was repeated and recognized by ,lord    
,hardwick1 sitting as ,chancellour1 on  
the #aith of ,october #agdi1 to the     
following effect3 ,he said1 8that       
,trover would lay for a ,negroe-slave3  

that a notion prevailed1 that if a slave
 came into ,england1 or  became a       
,christian1 he thereby became           
emancipated2 but there was no           
foundation in law for such a notion3    
that when he and ,lord ,talbot  were    
,attorney and ,solicitor ,general1 this 
notion of a slave becoming  free by     
being baptized prevailed so strongly1   
that the ,planters  industriously       
prevented their becoming ,christians3   
upon which their  opinion was taken2 and
 upon their best consideration they were
 both  clearly of opinion1 that a slave 
did not in the least alter his          
situation or state towards his ,master  
or ,owner1 either by being  christened1 
or coming to ,england3 that though the  
statute of ,charles  ,,ii4 had abolished
 ,tenure so far1 that no man could be a 
,villein  regardant2 yet if he would    
acknowledge himself a ,villein engrossed
  in any ,court of ,record1 he knew of  
no way by which he could be  entitled to
 his freedom1 without the consent of his

 ,master4 ,we feel  the force of the    
inconveniences and consequences that    
will follow  the decision of this       
question3 yet all of us are so clearly  
of one  opinion upon the only question  
before us1 that we think we ought  to   
give judgment without adjourning the    
matter to be argued before  all the     
judges1 as usual in the ,habeas ,corpus1
 and as we at first  intimated an       
intention of doing in this case4 ,the   
only question then  is1 ,is the ,cause  
returned sufficient for the remanding   
him8 ,if not1  he must be discharged4   
,the ,cause returned is1 the slave      
absented  himself and departed from his 
master's service1 and refused to return 
and serve him during his stay in        
,england2 whereupon1 by his master's    
orders1 he was put on board the ship by 
force1 and there detained in  secure    
custody1 to be carried out of the       
kingdom and sold4 ,so high  an act of   
dominion must derive its authority1 if  
any such it has1  from the law of the   

kingdom where executed4 ,a foreigner    
cannot  be imprisoned here on the       
authority of any law existing in his    
own country4 ,the power of a master over
 his servant is different  in all       
countries1 more or less limited or      
extensive2 the exercise  of it therefore
 must always be regulated by the laws of
 the place  where exercised4 ,the state 
of slavery is of such a nature1 that it 
is incapable of being now introduced by 
,courts of ,justice upon mere           
reasoning1 or inferences from any       
principles natural or political2  it    
must take its rise from positive law2   
the origin of it can in no  country or  
age be traced back to any other source4 
,immemorial usage  preserves the memory 
of positive law long after all traces of
 the  occasion1 reason1 authority1 and  
time of its introduction1 are lost2  and
 in a ,case so odious as the condition  
of slaves must be1 taken  strictly1 the 
power claimed by this return was never  
in use here3  no master ever was allowed

 here to take a slave by force to be    
sold  abroad because he had deserted    
from his service1 or for any other      
reason whatever2 we cannot say1 the     
,cause set forth by this return  is     
allowed or approved of by the laws of   
this kingdom1 and therefore  the man    
must be discharged40    ,i must confess1
 ,i have been greatly puzzled in        
endeavouring  to reconcile this judgment
 with this state of it1 and with my     
comprehension4    8,we pay due attention
 to the opinion of ,sir ,philip ,york   
and ,mr4  ,talbot10 are the words of the
 ,noble ,lord who delivered the judgment
  of the ,court2 and yet the judgment   
is1 in operation and effect1  directly  
subversive of the opinion4 ,now ,i must 
take for granted that  this opinion     
would not have been cited1 especially in
 so affirmative  a manner1 if it had had
 nothing at all to do with the ,case    
then  before the ,court3 because such   
citation would have been unmeaning  and 
unnecessary4 ,this being admitted1 it   

follows1 that the law laid  down in this
 opinion was either the law of the      
,case1 or it was not4  ,if it were the  
law of the ,case1 the judgment would    
have been governed  by that law1 and    
consequently contrary to what it is4 ,if
 it were  not the law of the ,case1 in  
order to shew what the law is1 and that 
the law and the judgment might          
correspond with each other1 as cause    
and effect1 it would seem1 ex           
necessitate rei1 that the doctrine      
advanced in this opinion should have    
been set aside by the superior  force of
 legal argumentation and authority4 ,but
 the reasoning upon  the judgment stands
 thus3 ,in the ,premises this opinion is
 cited as  authority2 then1 without any 
middle term denying that authority1 the 
conclusion is1 by the judgment1 that it 
is no authority at all4 ,under  these   
problematical circumstances the only    
solution possible to me  was1 that there
 might be two decisions intentionally   
contained under  one judgment3 that is  

to say1 that the opinion of ,sir ,philip
 ,york  and ,mr4 ,talbot1 was the law   
upon the general merits of the question2
  and that this judgment of the ,court  
was the law upon this particular  state 
of it4 ,thus for instance3 if the return
 made to the writ of  ,habeas ,corpus in
 this ,case had denied the lawfulness of
 the writ  itself1 and ,mr4 ,steuart had
 claimed ,somerset upon the ground only 
of being his commercial property2 then  
the opinion of ,sir ,philip  ,york and  
,mr4 ,talbot had operated as law and    
authority3 but as the  return had       
admitted the right of slavery1 and ,mr4 
,steuart had claimed  ,somerset as his  
slave1 there being no laws of slavery   
now in use  in this country1 either for 
,negroes1 or for any other species of   
the  human being1 the judgment of the   
court was1 from the insufficiency  of   
the ,cause returned1 the law of this    
,case4    ,but no sooner had this       
reconciliation taken place in my mind1  
than  another perplexity followed4 ,in  

the recital of the opinion recognized   
by ,lord ,hardwick1 sitting as          
,chancellour1 it is made to conclude    
thus3 8that though the ,statute of      
,charles ,,ii4 had abolished ,tenure  so
 far that no man could be a ,villein    
regardant1 yet if he would  acknowledge 
himself a ,villein ingrossed in any     
,court of ,record1 he  knew of no way by
 which he could be entitled to his      
freedom without  the consent of his     
,master40    ,now1 by connecting this   
latter with the former part of the      
opinion1  in the manner it is done1 it  
appears1 as if ,lord ,hardwick meant  to
 declare1 that the state or situation of
 ,negroes towards their  masters or     
owners arose out of1 and was founded    
upon1 the remains of  the antient laws  
of villenage in this country4 ,that     
,lord ,hardwick  might have said what is
 here stated1 in order to shew 7by way  
of  illustration of the ,case upon which
 he was then arguing7 that even  an     
,englishman might still become a slave  

in this country1 if he  pleased1 ,i     
cannot deny3 but with any intention to  
prove that the  condition of ,negroes   
proceeded from1 and was the same with1  
the  condition of villeins1 is1 ,i must 
assert1 either the mistake of the       
person from whose notes this speech was 
taken1 or the intention of  him to      
puzzle and perplex the ,case3 for it is 
manifestly impossible  that the ,court  
could have put so much                  
self-contradiction and  ignorance of the
 law in the mouth of so wise and so     
great a lawyer4  ,his ,lordship says1   
8that ,trover will lie for a ,negroe    
slave40 ,now1  can any thing be more    
expressive of the law and condition of  
,negroes  than this is8 ,what the nature
 of an action of ,trover is1 and what   
kind of property is required in a       
plaintiff to maintain such an  action1  
every ,tyro of the law must be          
acquainted with4 ,would his  ,lordship  
have said1 that ,trover would lie for a 
villein8 ,every ,tyro  of the law knows 

that it would not4 ,but if a ,negroe and
 a villein  were governed by the same   
laws1 ,trover would lie for a villein4  
,his  ,lordship's own words therefore1  
and not this combination of them1 are   
the best comment upon his meaning2 and  
he in me1 non tali auxilio  eget1 c4 ,it
 is enough that ,i have given the clew2 
the reader will  unravel the rest       
himself4    ,i have now only a short    
word or two more to add1 in address to  
the  reader2 relying1 from my own       
consciousness1 upon his candour1 that   
whatever errors of the head he may      
discover1 he will impute nothing  that  
is wrong to the dictates of my heart4   
,it is not the want of  humanity1 it is 
not the want of feeling1 but the        
possession of both1  with the love of   
truth1 that has given birth to these    
,considerations4  ,my motives have been1
 to shew that ,america does not afford  
that scene  of barbarity1 which         
misrepresentation would have painted    
upon it3  that cruelties and distress   

are to be found in much greater excess  
even in this elysium of liberty3 that   
whatever is the state and  condition of 
,negroes1 it is ,great ,britain and not 
,america that is  responsible for it3   
that this therefore is a ,british1 and  
not an  ,american question2 as well it  
might be1 since1 if ,i may be allowed to
  reason chymically upon the occasion1  
whatever property ,america may  have in 
its drugs1 it is ,great ,britain that   
receives the essential  oyl extracted   
from them4 ,these have been my views4 ,i
 neither meant  to condemn or approve   
the state and condition of ,negroes4 ,i 
have  appealed to the law3 if the       
traffic made of them be as agreeable  to
 right reason as it is according to law1
 ,i am glad of it2 if it  be not1 let   
state necessities justify state tricks4 
,but ,i meant an  apology for1 and not a
 panegyrick upon1 myself4               
,,considerations                        
,,on ,,the                              
,,negroe ,,cause1 c4      ,,my ,,lord1  

,being1 both by birth and fortune1      
connected with one of the ,islands  in  
,america1 ,i was led1 somewhat          
interestedly as your ,lordship may      
suppose1 to attend to the arguments that
 were lately offered in the  ,court of  
,king's ,bench1 in the ,case of         
,somerset the ,negroe versus  ,knowles  
and others4 ,it was a new case1 said to 
be full of concern  to ,america2 and it 
had engrossed much of general           
expectation4 ,my  object therefore was  
that of information3 but1 without       
meaning to  lessen the labours1 or      
depreciate the merits of the learned    
counsel  concerned therein1 ,i must     
confess1 that the lights thrown on the  
case  did by no means appear to me as1  
on either side1 decisive of the  point  
in question#a4 ,it is true that a vast  
and extensive variety of  reading was   
shewn and discovered3 the profoundest   
depths of learning  and science were    
fathomed and explored3 lawgivers1       
philosophers1  civilians1 from all      

historic existence1 were brought to     
light and  examined3 the examples1      
definitions1 and opinions1 which ,moses1
  ,aristotle1 ,justinian1 ,grotius1     
,pufendorff1 and the rest1 had given  of
 slavery1 were cited1 explained1 and    
enlarged upon3 the edicts  and          
regulations of ,french1 ,spanish1       
,german1 ,flemish1 and ,dutch  police on
 this head were mentioned and produced4 
,but1 my ,lord1 with  all due deference 
and submission1 may ,i ask1 how         
applicable was  this antiquated and     
foreign doctrine to the case then under 
your  ,lordship's contemplation8 ,the   
politics of ,aristotle are not the rules
  of the ,court of ,king's ,bench2      
neither is ,roman jurisprudence the  law
 of that court4 ,as a display of general
 knowledge1 it had with  me1 as it must 
have had with every one present1 its    
great abundance  of merit and           
commendation2 and ,i had followed the   
learned gentlemen1  with the highest    
pleasure1 in their travels and pursuits 

abroad  in search of matter of          
illustration1 if the case had been      
brought  home with them at last1 and    
rested on its own native ground and     
foundation4 ,but herein1 my ,lord1 ,i   
found myself unsatisfied and            
disappointed3 for how the question      
remained with your ,lordship as a  point
 of law for the judgment of the ,court1 
,i own1 ,i was unable to  comprehend1 or
 to learn4 ,it is therefore1 my ,lord1  
that ,i now take  the liberty to offer  
the following ,considerations to your   
,lordship's  notice and observance2     
trusting to the importance of the       
subject1 and  to your wonted candour1   
for my apology and pardon in the        
attempt4    ,i have read1 my ,lord1 to  
distinguish1 and have been ever taught  
to  know1 that the ,lord ,chief ,justice
 of the ,court of ,king's ,bench is the 
great and first expounder of the laws of
 this ,realm2 great and first  in       
dignity and in office2 in your          
,lordship's person1 great and first     

professedly in capacity also4 ,of these 
laws then1 my ,lord1 ,i have            
apprehended that there are but two      
kinds1 however sub-divided into  sorts  
or species3 the unwritten1 or common    
law1 of which judicial  decisions are   
the evidence3 or the written or statute 
law1 otherwise  called acts of          
parliament4 ,now1 my ,lord1 so far as   
this case is  referable to either of    
these establishments1 so far it lies    
before  the ,court1 and falls under the 
cognizance of your ,lordship4 ,this is  
the source of enquiry leading to your   
judgment and determination2  and all    
without the circle of this1 ,i conceive 
to be inapposite and  eccentric4 ,the   
first question then1 that would seem to 
arise on this  position1 is1 ,what is   
the common law of the land respecting   
the  case in issue1 considered as a case
 of slavery8 ,it was said1 ,i  remember1
 by one of the counsel1 that the present
 state of slavery  among ,negroes was   
totally different from the ancient      

condition of  villenage2 that it was a  
new species of slavery utterly unknown  
to  the common law of ,england4#b ,in   
this opinion ,i readily coincide1 and   
agree with the learned gentleman4 ,the  
next question is1 ,what do acts  of     
parliament say on this head8 ,i believe 
it must be said for them1  that they    
are1 enactively1 if ,i may be allowed   
the expression1  silent4 ,if this be so1
 then the conclusion will operate in the
  nature of a plea to the jurisdiction  
of your ,lordship's ,court4 ,if  the    
case be unknown to the common law1 and  
acts of parliament are  silent          
thereupon1 what basis must your         
,lordship's judgment take8  ,where there
 is no law1 there can be no remedy4 ,if 
the common law  be defective1 it is the 
business of acts of parliament to supply
  the defects3 but until those defects  
are supplied1 sub judice lis  est1 and  
the matter must remain undetermined4    
,your ,lordship may  however tell me1   
that1 where positive law is wanting1    

whereupon to  ground the decisions of a 
,court1 recourse may be had to the      
maxims  and principles of law1 to the   
spirit of the constitution4 ,the result 
of this1 my ,lord1 at best1 is but      
matter of opinion2 besides1 cases       
founded on the self-same principles will
 often have very different              
determinations1 according to the        
difference of circumstances1 and the    
alteration or change of times4 ,thus1 if
 it had even been an original  maxim of 
the common law1 that slavery was        
incompatible with the frame  and        
constitution of this country1 yet it    
does not therefore follow1  that        
occasions have not since arisen to      
combat with this principle1  and to     
justify particular conclusions differing
 from these general  premises4 ,for     
instance1 my ,lord1 the impressing of   
seamen1 is an  idea as heterogeneous to 
the nature and essence of this          
government1  as slavery painted on the  
blackest ground can be4 ,it is slavery  

itself1 in its very definition2 and what
 signifies the name1 says  ,hudibras1   
since the thing is the same8 ,but the   
indispensableness of  the measure has   
nevertheless 7to continue the metaphor7 
given colour  to the practice1 and it is
 now seen in another light and view4    
,but  to return3 ,if your ,lordship     
should be of opinion1 for opinion it    
must be1 if there is no positive law to 
ground your judgment upon1  that        
,negroes in this country are free1 ,i   
will place in opposition  to this1 the  
opinions of the late ,lord ,chancellour 
,hardwick1 and  his predecessor the     
,lord ,chancellour ,talbot1 to wit1 that
 ,negroes  in this country are not free4
 ,your ,lordship perceives1 that ,i take
  your opinion upon supposition only2   
the other opinions are well-known       
facts4 ,to search then for the grounds  
of your opinion1 without the  certainty 
of its being so1 would be now premature 
and unnecessary3  but1 knowing the      
opinions of these two great oracles of  

the law1  it is of necessity to         
conclude1 that they had the most        
sufficient  foundation for them1 seeing 
that it is allowed on every hand1 that  
no  opinion was ever given in any case  
whatever with greater solemnity1  or    
more deliberation1 than these were4     
,now1 my ,lord1 to investigate  the     
reasons of these opinions1 is one way1  
perhaps1 to arrive at  the truth3 but to
 follow men like these1 in their        
researches1 is a  procedure fitted only 
to abilities such as your ,lordship's   
are4 ,as  conjecture however is open to 
all1 though positive knowledge is but   
the gift of a few2 ,i shall therefore   
venture to suggest what might in  part  
have led the ideas of these great and   
wise men to the conclusion  which they  
have drawn1 namely1 that ,negroes in    
this country do not  become free4 ,i    
have before stated1 my ,lord1 and have  
agreed with one  of the learned counsel1
 that the condition of slavery among    
,negroes  is unknown to the common law  

of this land3 that it is a new species  
of slavery1 which has arisen within1 and
 not beyond1 the memory of  man1 as is  
necessary to the descriptive quality of 
this kind of  law2 and1 therefore1 being
 not under the comprehension1 it cannot 
be  within the absolute provision of it1
 however reduceable thereto it  may be  
made1 by analogy1 implication1 or       
construction4 ,i have said  too1 that   
acts of parliament are silent on this   
head4 ,i have repeated  what ,i had     
before stated and said1 in order to draw
 this inference3  that although the     
slavery of ,negroes is unknown to the   
common law of  this country1 and acts of
 parliament are silent thereupon2 yet   
the  right which ,mr4 ,steuart claims in
 the ,negroe1 ,somerset1 is a right     
given him by act of parliament4    ,i   
must then apprize your ,lordship1 that  
from this instant it is my  intention to
 drop the term ,slavery1 at least as a  
term in argument  with me4 ,it is an    
odious word1 that engendered this       

law-suit1 and  now feeds and supports it
 with the fuel of heated passions and   
imaginations4 ,instead therefore of such
 prejudiced and unpopular  ground1      
whereupon the case has hitherto been    
made to stand1 ,i shall  take the       
liberty to remove its situation1 to     
change its point of  view1 and to rest  
it on the land of commercial ,property2 
from  whence1 perhaps1 it will be seen1 
not only in a less offensive light1  but
 where also it may find a foundation    
more solid and substantial  for its     
support4    ,it is matter of course1 my 
,lord1 to say1 that you are well        
acquainted  with all the acts of        
parliament relative to the royal        
,african company  of ,england1 from its 
establishment by charter in the reign of
 ,charles  the ,second down to the      
present time#c4 ,now1 my ,lord1 the end 
of  this company was trade3 the object  
of that trade ,negroes1 as the  preamble
 to the act of the #bc;d of ,geo4 ,,ii4 
c4 xxxi4 thus expressly  declares3      

8,whereas the trade to and from ,africa 
is very advantageous  to ,great         
,britain1 and necessary for supplying   
the plantations and  colonies thereunto 
belonging with a sufficient number of   
,negroes1 at  reasonable rates1 it is   
therefore enacted1 c4 c40 ,whatever     
then1  my ,lord1 is matter of trade1    
your ,lordship knows1 must be matter  of
 property4 ,the idea of the one is      
necessarily involved in the  other4     
,but1 my ,lord1 these acts have not been
 content with this  general             
construction3 they have gone farther1   
and have themselves  set the mark and   
stamp of property upon ,negroes4        
,whether1 my ,lord1  the ,legislature is
 justifiable herein1 or whether it has  
authority  by the laws of nature to do  
this1 is not for me to determine4 ,it   
is1 perhaps1 a right1 like many other   
civil rights1 established by  power1 and
 maintained by force3 but this is matter
 of speculation  for the speculative4 ,i
 here contend only1 that the fact is as 

,i  have stated it to be2 and as it will
 appear by the statute of the  #beth of 
,geo4 ,,ii4 c4 xl4 8which was made for  
the application of a  sum of money      
therein mentioned1 granted to his       
,majesty1 for making  compensation and  
satisfaction to the ,royal ,african     
company of  ,england1 for their charter1
 lands1 forts1 castles1 slaves1 military
  stores1 and all other their effects   
whatsoever2 and to vest the  lands1     
forts1 castles1 slaves1 military stores1
 and all other  their effects1 in the   
company of merchants trading to         
,africa20 and  wherein it is enacted1   
that 8the royal ,african company of     
,england1  from and after the tenth day 
of ,april one thousand seven hundred    
and fifty-two1 shall be1 and they are   
hereby1 absolutely divested  of and from
 their said charter1 lands1 forts1      
castles1 and military  stores1          
canoe-men1 castle-slaves1 and all other 
their estate1  property1 and effects    
whatsoever2 and that all and every the  

,british forts1 lands1 castles1         
settlements1 and factories1 on the      
coast of ,africa1 beginning at ,port    
,sally1 and extending from thence  to   
the ,cape of ,good ,hope inclusive1     
which were granted to the said  company 
by the said charter1 or which have been 
since erected or  purchased by the said 
company2 and all other the regions1     
countries1  dominions1 territories1     
continents1 coasts1 ports1 bays1 rivers1
  and places1 lying and being within the
 aforesaid limits1 and the  islands near
 adjoining to those coasts1 and         
comprehended within the  limits         
described by the said charter2 and which
 now are1 or at any  time heretofore    
have been1 in the possession of1 or     
claimed by1 the  said royal ,african    
company of ,england1 together with the  
cannon  and other military stores1      
canoe-men1 castle-slaves1 at and        
belonging to the said forts1 castles1   
settlements1 and factories1             
particularly mentioned and set forth in 

the first schedule to this  act annexed 
7such stores as have been made use of in
 the service of  the forts1 and such    
canoe-men and slaves as may have died   
since the  taking of the said survey1   
only excepted72 and also all contracts  
and agreements made by or for1 or on the
 behalf of1 the said royal  ,african    
company1 with any of the kings1 princes1
 or natives1 of any  of the countries or
 places on the said coasts2 and all     
other the  property1 estate1 and effects
 whatsoever1 of the said royal ,african 
company1 shall1 from and after the said 
tenth day of ,april one  thousand seven 
hundred and fifty-two1 be vested in1 and
 the same  and every of them are and is 
hereby fully and absolutely vested in   
the said corporation1 called and known  
by the name of #8,the company  of       
merchants trading to ,africa1' and their
 successors1 freed and  absolutely      
discharged of and from all claims and   
demands of the said  royal ,african     
company of ,england1 and their          

creditors1 and every of  them1 and of   
all and every person or persons claiming
 under them1 or  any or either of them40
    ,here1 my ,lord1 the legal nature of
 ,negroes1 if ,i may so speak1 is  fully
 established and clearly ascertained1 by
 act of parliament4  ,your ,lordship    
perceives1 that they are in hoc verbo   
declared to  be property1 and are vested
 as goods and chattels1 and as other    
effects are1 in owners prescribed for   
them4 ,if it is observed1 my  ,lord1    
that the term ,slave is made use of1 and
 recognized by this act  of parliament2 
it is answered1 not relatively so1 as to
 a state of  slavery1 but descriptively 
only of such things as shall be deemed  
the property and effects of this        
company4 ,the statute1 my ,lord1 of  the
 #eth of ,his present ,majesty1 ch4     
xliv4 enacts1 8that such parts  of      
,africa as were ceded by the last treaty
 of ,paris1 together with  the goods1   
slaves1 and other effects thereunto     
belonging1 and which  were1 by a former 

act1 vested in the company of merchants 
trading  to ,africa1 shall now become   
the property of the ,crown20 so that the
  ,king1 as well as this corporation of 
merchants1 are1 by the law of  the land1
 possessed1 and are now the actual and  
rightful owners1 of  a very considerable
 number of ,negroes1 under the          
afore-mentioned  description1 of        
canoe-men1 castle-slaves1 women1        
children1  carpenters1 and other        
artificers1 particularly set forth in   
schedules  annexed to the               
afore-mentioned acts4 ,it is also       
enacted1 8that the  trade to ,africa    
shall be free and open to all ,his      
,majesty's subjects1  without preference
 or distinction20 and it is further     
provided1  8that these acts shall be    
taken and deemed as public acts1 and    
shall  be judicially taken notice of as 
such by all ,judges1 ,justices1 and     
other persons whatsoever1 without       
specially pleading the same40 ,thus     
far1 my ,lord1 do acts of parliament    

extend in the confirmation and          
establishment of this trade to ,africa4 
,i shall now beg leave to cite  one     
statute more1 in order unquestionably to
 prove what the sense of  the           
,legislature of this country is1 with   
respect to the state and  condition of  
,negroes4 ,this statute1 my ,lord1 is   
the #eth of ,geo4 ,,ii4  c4 viith1      
wherein 7it being made for the more easy
 recovery of debts  in ,his ,majesty's  
plantations and colonies in ,america7 it
 is enacted  8that1 from and after the  
twenty-ninth day of ,september one      
thousand  seven hundred and thirty-two1 
the houses1 lands1 ,negroes1 and other  
hereditaments and real estates1 situate 
or being within any of the  said        
plantations1 belonging to any person    
indebted1 shall be liable  to1 and      
chargeable with1 all just debts1 duties1
 and demands1 of what  nature or kind   
soever owing by any such person to ,his 
,majesty1 or any  of his subjects1 and  
shall and may be assets for the         

satisfaction  thereof1 in like manner as
 real estates are by the law of ,england
  liable to the satisfaction of debts   
due by bond or other specialty1  and    
shall be subject to the like remedies1  
proceedings1 and process1  in any court 
of law or equity1 in any of the said    
plantations  respectively1 for seizing1 
extending1 felling1 or disposing1 of any
  such houses1 lands1 ,negroes1 and     
other hereditaments1 and real  estates1 
towards the satisfaction of such debts1 
duties1 and demands1  in like manner as 
personal estates in any of the said     
plantations  respectively are seized1   
extended1 sold1 or disposed of1 for the 
satisfaction of such debts40    ,herein 
then1 my ,lord1 is not to be found even 
the trace of an idea  of slavery        
considered as such by ,parliament1 among
 ,negroes3 but1 on  the contrary1 what  
their legal state and condition is1 is  
conceived  and expressed in terms so    
plain and clear1 so explicit and        
precise1  that the most sceptical cannot

 doubt the meaning1 nor the most simple 
fail to understand it4 ,they are1 as    
houses1 lands1 hereditaments1  and real 
estate1 assets2 and1 in like manner as  
personal estate1 to  be disposed of1 for
 the payment of debts due to the ,king  
and his  subjects4    ,upon this state  
and exposition then1 my ,lord1 of these 
several  statutes1 it would seem that ,i
 am well warranted1 by their authority1 
in my idea1 that the right which ,mr4   
,steuart claims in the ,negroe          
,somerset1 is a right given him by act  
of parliament2 and confirmed in  my     
proposition1 that this is a case of     
property4    ,but1 my ,lord1 in order   
fully to establish this doctrine1 it may
  perhaps be expected1 that ,i should   
not only shew what the law is1  but that
 ,i should prove also what the law is   
not2 and this must  necessarily lead me 
to reason somewhat more closely on the  
subject4    ,i am aware it may be       
objected1 my ,lord1 that property in    
,negroes so  vested1 is a property      

created in ,africa for the use and      
purpose of  the colonies in ,america3   
from whence a question will be deduced1 
,whether ,negroes are property in       
,england8    ,it appears1 my ,lord1 that
 a trade is opened1 with the sanction1  
and  now under the protection of        
parliament1 between the subjects of     
,great ,britain and the natives or      
inhabitants of ,africa4 ,the medium  of 
this trade on the one hand are1         
manufactures1 goods1 wares1 and  other  
merchandize3 on the other1 captive      
,negroes1 or slaves2 which1  for these  
commodities1 are given in barter and    
exchange4 ,it will  be allowed1 ,i      
presume1 my ,lord1 that these ,british  
traders1 or  merchants1 have an absolute
 property in their merchandize2 to truck
  and to traffic with this merchandize  
is the legal institution of the  trade3 
it will be absurd then to deny1 that    
they have not an equal  interest in the 
thing received1 as they had in the thing
 given4 ,to  avoid this dilemma then1   

the objection recurs2 that1 in ,africa  
they  may have an interest1 in ,america 
they may have the same1 in ,europe  they
 have none3 but assertion without proof1
 is argument without  weight4 ,where is 
the law that has drawn this line of     
distinction8 ,is  there any act of      
parliament1 or clause of an act of      
parliament1 that  has fixed and         
described the zones or climates wherein 
property in  ,negroes may be held1 or   
where it may not be held8 ,until ,i am  
better  informed1 my ,lord1 ,i must take
 for granted1 that no such law exists2  
and if no such law does exist1 the      
manifest conclusion is1 that  where     
property is once legally vested1 it must
 legally remain2 until  altered or      
extinguished by some power co-equal to  
that which gave  it#d4    ,but as it may
 perhaps be to the purpose1 my ,lord1 to
 try the force  and effect of these acts
 of trade referred to1 ,i will1 with    
your  ,lordship's indulgence1 state a   
case or two1 whereby their operation  in

 this country might be felt and         
perceived4    ,suppose1 my ,lord1 that a
 fleet of merchant ships belonging to   
the  ,african company1 containing twenty
 thousand ,negroes on board 7more  or   
less1 it is of no matter71 bound from   
,africa to ,america1 should1  by        
strange1 contrary1 and adverse winds1 be
 driven and wrecked upon  the coast of  
,england2 that the ships were lost and  
destroyed1 but  that the ,negroes had   
been landed in safety on this shore of  
freedom3  would the ,african company1 my
 ,lord1 be justified and entitled to    
re-ship these ,negroes in other vessels1
 to the end that they might  be conveyed
 to their destined ports in ,america8   
,or1 would the pure  air of this        
country1 as has been insisted on1 set   
them1 with caps of  liberty on their    
heads1 free and at large2 thereby       
robbing1 for so ,i  must call it1 these 
merchants of their property to the      
amount of one  million of money1 at the 
allowance1 and on the moderate          

computation1  of fifty pounds price for 
each individual ,negroe8 ,in this       
kingdom  of commerce1 my ,lord1 where   
the rights of merchants are so well     
distinguished1 and the laws of trade are
 so minutely known1 ,i should  presume  
that the case would not admit of a      
question4 ,of what use  would the       
charter of this company be to them1 if  
the laws protective  of that charter    
should be found inadequate and          
ineffectual to the  maintenance and     
security of their property8 ,but again3 
it has been  observed1 that by the      
statute of the #eth of ,george ,,iii4   
chap4 xliv4  a number of canoe-men1 and 
other ,negroes1 in ,africa1 were vested 
in  the ,crown4 ,now1 by canoe-men1 ,i  
suppose1 my ,lord1 are meant1 ,african  
sailors4 ,suppose then1 that one        
hundred1 for example1 of these  sailors 
should1 by some contrivance or other1   
find their way into  ,england2 would the
 ,king1 my ,lord1 have authority to     
remand them to  their place of duty8 or1

 would writs of ,habeas ,corpus1 in     
despite of  this act of ,parliament1    
protect them here2 thereby determining  
the  right of the ,crown in them8 ,the  
case1 my ,lord1 speaks and determines   
for itself4 ,wherein then1 my ,lord1    
differs the case of ,mr4 ,steuart  from 
these8 ,their importance is greater1 but
 the principle throughout  is the same4 
,i believe it is not denied that ,mr4   
,steuart was the  bona fide purchaser of
 ,somerset1 in the legal course of      
trade4 ,i  do not apprehend that any    
evidence was offered to shew that he had
  stolen him1 or that he came by him    
otherwise surreptitiously4 ,if  my      
memory does not fail me1 the property   
was proved1 by affidavit1  before your  
,lordship2 or it was stated in the      
return made to the  ,writ of ,habeas    
,corpus2 but in either way it is of no  
concern1 since  the title-deeds are not 
now before the ,court as the objects of 
,litigation#e4    ,here then1 my ,lord1 
without farther disquisition1 ,i might  

venture  to rest the defence of ,mr4    
,steuart1 and therein the law of the    
case  itself4 ,the reasoning1 perhaps1  
may be said to be new1 and it is        
opinion only of my own that supports the
 doctrine3 but1 ,i trust1  that1 upon   
examination1 it will be found to be not 
therefore the  less conclusive4         
,however1 as ,i am upon the subject1 it 
may not be  amiss that ,i should pursue 
it somewhat farther2 and1 by extending  
the  chain of enquiry1 strengthen and   
enforce the arguments that have been    
already offered and applied4 ,it was    
said1 by one of the plaintiff's         
counsel1 that municipal laws were       
binding only in the state wherein  they 
were made2 that1 as soon as a member of 
that state was out of  it1 they ceased  
to have their influence on him2 and the 
laws of  nature of course succeeded to  
him4 ,as a general proposition1 my      
,lord1 this might have had its          
admission2 but even as such1 it is not  
without its exception4 ,i think ,i have 

the most classical authority  of the law
 to say otherwise4 ,for instance1       
allegiance1 which is the  duty that     
every subject owes to the sovereign1 or 
sovereignty1 of  that particular state  
to which he belongs1 is a municipal law2
 and  yet1 neither time1 place1 nor     
circumstance1 can alter1 forfeit1 or    
cancel1 the obligation4 ,an ,englishman 
7says ,judge ,blackstone7#f1  who       
removes to ,france or to ,china1 owes   
the same allegiance to the  ,king of    
,england there as at home1 and twenty   
years hence as well as  now4 ,but1 my   
,lord1 with regard to the particular    
application of this  proposition1 when  
the gentleman endeavoured to make a     
distinction  between the laws of the    
colonies and the laws of ,england1 in my
  apprehension he was extremely         
mistaken4 ,i fancy the relationship  and
 dependency of the children colonies on 
their mother country did  not occur to  
his mind4 ,the circumstance of their    
having internal  laws of their own1 by  

no means argues a difference in those   
laws1  independent of the laws of       
,england4 ,as well might it be said1    
that  the laws of ,england are not the  
laws of the county of ,kent1 because  by
 the custom of gavelkind they differ    
from the general laws in the            
disposition of ,estates2 and so of      
,borough-,english1 and wherever in  this
 kingdom particular customs are to be   
found or met with4 ,for1 my  ,lord1 it  
is not only a first and leading         
principle of legislation  in the        
colonies1 arising out of their original 
grants and charters1  and enforced by   
the royal instructions given to         
commanders in chief  there2 but it is   
also enacted by the statute of the #gth 
and #hth of  ,william ,,iii4 ch4 xxii4  
8that no law1 usage1 or custom1 shall be
 made  or received in the plantations1  
repugnant to the laws of ,england30  so 
that1 by these restrictions1 the very   
leges loci 7wherein1 from  situation1   
from climate1 and from other            

circumstances1 one might  naturally     
suppose some difference7 are forced as  
much as may be to a  conformity with the
 constitution and laws of this country2 
and to  prevent even the accident of a  
contrary occurrence1 your ,lordship     
knows1 that there is a counsellour      
appointed to the board of trade  here1  
whose especial business it is1 to       
examine all the colony  acts1 and       
thereupon to make his report1 if        
necessary1 previous to  the royal       
confirmation of them4 ,if property1     
therefore1 in ,negroes1  was repugnant  
to the law of ,england1 it could not be 
the law of  ,america3 for 7besides the  
reasons already assigned7 by the same   
statute wherever this repugnancy is1    
there the law is ipso facto  null and   
void4 ,but ,i will further endeavour to 
elucidate this matter1  by begging a    
question or two1 by way of case in      
point4 ,let it be  admitted then1 that a
 colony of ,english had embarked from   
hence1 in  order to establish           

settlements for themselves in some one  
of the  late ceded islands in the ,west 
,indies1 and that they were arrived1  it
 may be said1 in the island1 where      
,english troops1 trampling on  the laws 
of ,god and man1 are slaughtering even  
to extirpation a  guiltless race of     
,caribs1 the aborigines of the country4 
,i mean the  island of ,st4 ,vincent1 an
 island under the tutelage of a ,saint  
too6  ,and suppose that1 upon their     
arrival there1 the ,legislature of that 
country had taken it into their heads to
 pass an act similar to the  #beth of   
,geo4 ,,ii4 ch4 xl4 already referred to1
 thereby vesting these  people as       
property1 in certain owners allotted to 
them3 ,i should be  glad to know1 my    
,lord1 whether this act could possibly  
have operated  as a law1 and whether it 
was not1 eo instanti1 upon its being    
enacted1 destitute and void of all      
force1 validity1 and effect8 ,your      
,lordship's answer doubtless would be1  
that this act must have been  its own   

executioner1 that it was felo de se4    
,why then1 my ,lord1  does not the      
principle directive of this conclusion  
on the case of  the colony of ,english1 
determine likewise on the case of the   
,negroes8  ,if an act of an ,american   
plantation making property of a colony  
of  ,english there1 is nullified ab     
initio from its being enacted1 why  is  
not an act making property of a colony  
of ,africans susceptible of  the same   
nullity8 ,the reason1 my ,lord1 is      
twofold3 first1 because  in the one act1
 such a law is not only repugnant to1   
but absolutely  subversive of1 the laws 
of ,england3 secondly1 because in the   
other  act1 such a law is not only      
consistent with1 but founded on1 the    
laws  of ,england3 and this1 my ,lord1  
proves to mathematical demonstration1   
that the colony laws are not only in    
general dependant on the laws of        
,england1 but1 in particular instances1 
owe their origin and source  to them3 so
 that1 as the refracted rays of light1  

diverging from one  point through a     
prism1 may be concentred in the same    
focus2 in like  manner may these laws1  
notwithstanding their number and        
variety1 be  collected and disposed of  
in one common system or digest1 as parts
  of the same whole4 ,from what         
therefore ,i have here suggested1 my    
,lord1 ,i mean to conclude generally1   
that the right and property1 not  only  
of ,mr4 ,steuart in his ,negroe         
,somerset1 but of every subject  of     
,great ,britain in his ,negroe or       
,negroes1 either in the colonies  or    
elsewhere1 is a right and property      
founded in him by the law of  this land2
 that the royal grants1 letters patent1 
and charters1 for  and of the ,african  
trade and company1 confirmed and        
established by  acts of ,parliament1 are
 the foundation whereupon all the laws  
of the  colonies1 respecting their      
,negroes1 are built2 and that1 without  
such  sanction1 those laws could never  
have been made4 ,for1 my ,lord1 it  is  

evident that the colonies could not have
 had power of themselves  to institute  
this trade to ,africa2 neither have they
 the means to  support it4 ,without this
 trade then to ,africa1 no ,negroes     
could have  been imported to them2 and  
if they had had no ,negroes among them1 
they had needed no laws appertaining to 
,negroes#g4    ,but1 my ,lord1 it may be
 urged1 that although the laws of       
,england may  make property of ,negroes1
 they do not make slaves of them4 ,i    
should  imagine that1 although an       
individual1 ,i might answer individually
  for every ,american subject of the    
,king1 that they do not desire  any     
greater interest in their ,negroes than 
that of property4 ,it is                
self-sufficient to answer all their     
purposes1 and to produce all  that great
 good which this nation experiences     
therefrom4 ,it is a  supposition of     
inhumanity1 ,i hope1 inapplicable to    
these people1  that they should wish to 
make slaves of their ,negroes1 merely   

for  the sake of slavery2 and if it     
should appear1 that there is no  such   
law existing in ,america1 as the law of 
slavery1 considered as  such1 ,i should 
infer that the contrary presumption was 
fittest to  be entertained and received4
 ,the law respecting ,negroes there1 my 
,lord1 is the law of property1          
consentaneous to the law of ,england4   
,by this law they are made real estate1 
for the purpose of descent1  and goods  
and chattels quoad the payment of debts4
 ,this is the  original and fundamental 
law concerning ,negroes4 ,i do not      
remember  ever to have seen the word    
,slavery made use of1 in any law1 of any
  colony1 in ,america4 ,i admit that    
,negroes are there termed slaves3  but  
,i will tell your ,lordship why4 ,in the
 criminal law1 where they  become       
necessarily the objects of punishment1  
it is essential that  they should have  
some descriptive name or title given to 
them4 ,it is  for this reason1          
therefore1 that they are there1 and     

there only so  called4 ,as they had been
 already defined to be property1 as     
,negroes1  it could not be said that1 if
 property should strike his master1     
property shall be punished2 but it is   
said1 that if a slave should  strike his
 master1 this slave shall be punished   
accordingly4 ,now in  the antient law of
 ,england1 my ,lord1 when slavery was   
part of the  constitution1 your         
,lordship knows1 that not only the      
villein was  described1 but the law of  
villenage or bondage was also known and 
laid down4 ,in the laws of ,america1 the
 slave is made mention of1 for  the     
reason assigned2 but the law of slavery1
 however impliedly1 is no  where        
expressly to be found4    ,but here1 my 
,lord1 ,i must beg leave to make a short
 digression1  intentionally to wipe off 
an imputation1 which by one of the      
plaintiff's counsel was thrown on the   
owners and possessors of  ,negroes in   
,america4 ,in the course of his         
pleading1 he took occasion  to draw a   

horrid and a frightful picture of the   
barbarity1 and  cruelties1 that were    
exercised on these beings in the        
colonies2 and  concluded with hoping1   
that such practices would for ever      
remain  forbidden to this country4 ,your
 ,lordship knows1 that wherever order   
is1 there discipline must ensue4 ,like  
as cause and effect1 they  are          
inseparable one from the other4 ,now it 
is not to be presumed1  that an hundred 
thousand ,negroes are to be held in     
obedience to  ten or fifteen thousand   
owners 7for this perhaps may be found to
  be near the average7 without some     
means or methods1 which1 from  their    
accidental application1 might so        
generally operate on their  fears1 as to
 produce the end required4 ,it is so in 
the case of the  navy2 it is so in the  
army of every country in the known      
world4  ,a soldier would not put himself
 in the front of a battle1 to run  the  
risque of being shot through the head1  
if he did not know that  this would be  

the certain consequence of his          
desertion4 ,the fear  of the latter     
gives him courage to engage in the      
former3 or1 how  otherwise could fifty  
officers1 perhaps1 command a regiment of
 a  thousand men8 ,but1 my ,lord1 the   
design of this gentleman's groupe of    
figures1 was to induce a belief in the  
,court1 that ,english feelings  were to 
revolt at ,american punishments4 ,as    
martial law is not the  law of          
,westminster-hall1 it is likely that he 
has not studied it3  but1 living in this
 country1 ,i cannot suppose him a       
stranger to  the effects of it4 ,who    
have not been eye-witnesses to the      
hundreds  of stripes that have been     
given to soldiers on the parade of ,st4 
,james's8 ,i saw once1 my ,lord1 two    
sailors who were perhaps impressed  men 
too under the sentence of receiving five
 hundred lashes  each1 flogged on their 
naked backs along the sides of          
thirty-four  men of war1 lying at anchor
 in the harbour of ,spithead4 ,was such 

a punishment ever known to have been    
inflicted on any ,negroe in  the        
,american plantations8 ,no1 my ,lord3   
the laws of every colony  forbid it3 but
 a stronger law than these prevents it1 
the law of  self-interest4 ,negroes are 
the riches of those who possess them4   
,land1 without their aid and assistance1
 in order to cultivation1  is useless1  
and of no value4 ,if their healths are  
impaired1 their  labour is lost1 and    
profit ceases4 ,if their lives are      
destroyed1  their places must be        
supplied with more difficulty1 and at a 
much  greater expence1 than is commonly 
supposed4 ,the good consequence of      
which1 my ,lord1 is1 that the state of  
,negroes1 cteris paribus1  in ,america1 
is preferable1 nay infinitely more      
desireable1 than the  condition of the  
poorer sort of people residing even in  
this boasted  happy isle4 ,i will not   
say1 my ,lord1 that this is a rule      
without  an exception4 ,there are madmen
 in all parts of the world1 who1 as     

such1 act diametrically opposite to     
their interest4 ,such there are  in     
,america3 but your ,lordship sees1 that 
the observation is founded  on reason2  
and ,i can assure your ,lordship1 that  
it is the effect of  general experience4
 ,but1 my ,lord1 ,i cannot quit this    
subject without  making all due         
allowance for the learned counsel's zeal
 for his  client1 and for the warmth of 
his youth1 which probably might have    
hurried him into this ill-grounded and  
uncalled-for reproach4 ,it was          
ill-grounded1 as1 ,i hope1 ,i have      
proved3 it was uncalled-for1 because    
not necessary to the question2 and could
 no otherwise have been  applied or     
received1 than as mere argumenta ad     
passiones3 which1  however admissable to
 the ears of a jury1 to the             
distinguishing eye  of a court1 never   
fail to carry with them their own       
impropriety4 ,but  in justice to the    
gentleman1 in other respects1 ,i am     
called upon  to say1 that it was with   

infinite pleasure ,i perceived those    
rays  of genius and abilities in him1   
which promise to shine forth so         
conspicuously1 to the ornament of this  
country1 and to the honour of           
,barbadoes1 his native island1 in       
,america#h4    ,i come now1 my ,lord1 to
 say1 that ,i hope it will not be       
imputed to me  as vanity1 that ,i have  
ventured to suggest what might in part  
have  led the ideas of those great and  
wise men1 the ,lord ,chancellours       
,talbot and ,hardwick1 to the conclusion
 which they have drawn1 namely1  that   
,negroes in this country do not become  
free4 ,i was encouraged  in the         
undertaking1 by the greatness of their  
authority4 ,i was  enlightened in the   
pursuit1 by the evidence of their       
opinion4 ,i  thought myself justified in
 resting their chief reasons and motives
  on the principles of property2 and ,i 
will produce the opinion itself1  as the
 warrant of my justification3      8,we 
are of opinion1 ,that a slave1 by coming

 from the ,west ,indies1    either with 
or without his master1 to ,great        
,britain or ,ireland1    doth not become
 free2 and that his master's property or
 right    in him is not thereby         
determined or varied2 and baptism doth  
not    bestow freedom on him1 nor make  
any alteration in his temporal          
condition in these kingdoms3 ,we are    
also of opinion1 that the    master may 
legally compel him to return to the     
plantations#i4                          
8,p4 ,,york4                            
8,c4 ,,talbot40      ,jan4 #bd1 #agbi4  
,upon this opinion1 my ,lord1 ,i shall  
make no other remark1 than that  right  
and property seem to be the obvious     
ground and foundation of  it1 or the    
hinges whereupon the whole is made to   
hang and to turn4    ,but1 my ,lord1 ,i 
will now admit1 that1 what is held to be
 law1 is at  variance with this opinion4
 ,it is laid down 8that a ,slave or     
,negroe1  the instant he lands in       
,england1 becomes a freeman20 that is1  

8the  law will protect him in the       
enjoyment of his person and his         
property2  yet with regard to any right 
which the master may have acquired to   
the perpetual service of ,john or       
,thomas1 this will remain exactly  in   
the same state as before40 ,the         
interpreters of this law1 my  ,lord1 may
 be right in point of reason2 but1 ,i   
submit it1 that  they are wrong in point
 of law#aj4 ,the case is this1 my ,lord3
  seeing that ,negroes are human        
creatures1 it would seemingly follow    
that they should be allowed the         
privileges of their nature1 which1  in  
this country particularly1 are in part  
the enjoyment of person  and property4  
,now1 from hence a relation is inferred1
 that has not  the least colour of      
existence in law4 ,a ,negroe is looked  
upon to  be the servant of his master2  
but by what authority is the relation   
of servant and master created8 ,not by  
the authority of the  law1 however it   
may be by the evidence of reason4 ,by   

the law1 the  relation is1 as ,negroe   
and ,owner3 he is made matter of trade2 
he  is an article of commerce1 he is    
said to be property2 he is goods1       
chattels1 and effects1 vestable and     
vested in his owner4 ,this1 my  ,lord1  
is the law of ,england1 however         
contradictory to1 or subversive  of1 the
 law of reason#aa4    ,now as to the    
fact of property in ,negroes1 without   
exception to this  kingdom or limitation
 to other countries1 ,i am supported in 
opinion  by the authority of the learned
 ,judge ,blackstone2 though he ascribes 
the rise of this property to a source   
very different from me4 ,in the  chapter
 of1 ,title to things personal by       
occupancy1 he says1 8,as in  the goods  
of the enemy1 so also in his person1 a  
man may acquire  a sort of qualified    
property1 by taking him a prisoner in   
war1 at  least till his ransom be paid4 
,and this doctrine seems to have been   
extended to ,negroe servants1 who are   
purchased when captives1 of the  nations

 with whom they are at war1 and continue
 therefore in some  degree the property 
of their masters 7he should have rather 
said  owners7 who buy them40 ,here then 
he refers to the law of nations1  for   
the establishment of that which ,i      
appeal to the law of ,england  for4     
,now1 although the law of nations might 
have been a good ground  to rest the    
municipal law of this country upon1 and 
might have served  as a preamble to1 or 
reason for1 an act of parliament2 yet it
 is not  within my conception1 how1 in  
such an internal concern as this is1    
the law of nations could have been the  
law itself4 ,for example1 if  in the    
return to the writ of ,habeas ,corpus in
 this case1 it had been  set forth1 that
 ,negroe servants are purchased when    
captives of the  nations with whom they 
are at war1 and therefore the law of    
nations  gives their masters a property 
in their persons2 would your ,lordship  
have thought this a lawful plea for the 
remanding of ,somerset8 ,if  not1 your  

,lordship finds that the fact of        
property is admitted by  the learned    
,judge1 without the proper foundation of
 law to support  it4 ,but he proceeds to
 say1 8though1 accurately speaking1 that
  property consists rather in the       
perpetual service1 than in the body  or 
person of the captives40 ,accurately    
speaking1 my ,lord1 ,i join  issue with 
the learned ,judge3 but1 legally        
speaking1 the law is  as he had stated  
it to be4 ,those who speak accurately   
reason from  the real nature of         
,negroes1 and draw their conclusions    
from thence3  the ,lords ,talbot and    
,hardwick spoke legally1 and drew their 
opinions  from the fountain-head of law4
 ,besides1 my ,lord1 ,i conceive it to  
be  impossible that the law should be as
 these interpreters or reporters  have  
made it to be2 because the result of it 
is plain--inconsistency1  and positive  
absurdity4 ,if ,somerset is protected by
 the law of  ,england in the enjoyment  
of his person and property1 how1 in     

appeal  to common sense1 can ,mr4       
,steuart's right in him remain exactly  
in the  same state as before8 8,yes1 it 
may be said1 he has a right to the      
perpetual service of him2 for this is no
 more than the same state of  subjection
 for life1 which every apprentice       
submits to for the space  of seven      
years1 or sometimes for a longer time40 
,but by what mode or  method does ,mr4  
,steuart acquire this perpetual right to
 his service8  ,there is no indenture of
 apprenticeship on the part of ,somerset
 to  him3 there is no written contract  
of any sort or kind whatever1  there is 
no parole agreement between them1 to    
enforce this right of  service4 ,how is 
it to be maintained then8 ,if by the    
purchase of him1  property is the       
offspring of purchase2 and1 as such1    
,mr4 ,steuart  claims him4 ,if he is not
 his property1 he has otherwise no right
 in  him1 nor to his services1 and1     
again1 if he is his property1 who  shall
 disseise him thereof8    ,as ,i began1 

my ,lord1 with making a distinction     
between slavery and  property1 and have 
persisted in their legal difference     
relatively  to the state and condition  
of ,negroes1 some farther explanation   
on this point may perhaps be looked for 
and required of me4 ,i am  sensible it  
may objectively be said1 that in every  
kind of slavery  there is an included   
degree of property1 more or less limited
 or  extended2 and that this kind of    
property therefore in ,negroes is but   
an accumulated degree of slavery3 so    
that the distinction ,i have made  is a 
distinction without a difference1 and a 
mere contentiousness  about words4 ,but1
 although ,i admit the truth of this    
objection in  part1 ,i must deny1 in the
 whole1 its application to the          
principles  of my argument4 ,slavery1 my
 ,lord1 is that state of subjection1    
which mankind1 by force or otherwise1   
acquire the one over the  other4 ,in    
every society therefore where this state
 of subjection  prevails1 the object and

 subject of those laws necessary for the
  regulation thereof are1 what8 are     
human nature itself4 ,let it  be        
considered then whether human nature is 
either the object or  subject of the    
laws of ,england1 respecting the state  
and condition of  ,negroes4 ,and here1  
my ,lord1 ,i beg leave to assert1 that  
the appeal  ,i have already made to     
those laws maintains the contrary matter
 of  fact1 with the undeniable proof of 
self-evidence4 ,but it may again  be    
urged1 that authority1 however          
respectable1 is not the test of  truth2 
and therefore1 says the disputant1 shew 
me the reason1 the  ,cur1 the ,quare1   
the ,quamobrem1 of these laws4 ,to      
which1 in  the language and postulate of
 the ,greek ,philosopher1 ,i reply2     
that1  as matter of fact is the    of my
 argument1 beyond this1 it  is not      
incumbent on me to extend my enquiries4 
,and yet1 my ,lord1 a  research of this 
nature being perhaps founded upon no    
impertinent or  unmeaning curiosity1 the

 suggestions even of fancy and          
imagination  may not be here undeserving
 your ,lordship's attention2 and as such
  the subject is1 in this view1 of      
course not unworthy my notice4  ,it     
being then evidently the will1 it is not
 to be presumed1 till  the contrary     
appears1 that it was the effect also of 
the wisdom of  parliament1 that ,negroes
 under the law should not be considered 
as human beings2 and therefore ,i am led
 to surmise that this  determination of 
the ,legislature might have arisen from 
one or the  other of two motives or     
considerations3 the one physical1 the   
other  political4 ,with respect then to 
the physical motive1 your ,lordship     
need not be told how much the origin of 
,negroes1 the cause of that  remarkable 
difference in complexion from the rest  
of mankind1 and the  woolly covering of 
their heads so similar to the fleece of 
sheep1  have puzzled and perplexed the  
,naturalists of all countries for  ages 
past4 ,it was a subject of the deepest  

reflection to the great  and learned    
,mr4 ,boyle2 and what could engage his  
divine abilities1  without satisfaction 
either to himself or others1 is likely  
to remain  among those arcana of nature 
that are not to be revealed to human    
understanding4 ,but1 although these     
phnomena in nature are not to be        
accounted for1 and therefore admit of no
 principle of law inferible  from them2 
yet their very incomprehensibleness1    
when compared with  other circumstances 
more known and better understood1 may   
serve  to this end1 as so many lesser   
weights in the scales of greater        
probability4 ,now1 my ,lord1 it is an   
opinion universally received1  that     
human nature is universally the same3   
but ,i should apprehend  that this was a
 proportion rather taken for granted1   
than admitted  to be proved3 for        
although the proper study of mankind is 
man1 and  therefore the universality of 
such an opinion is prima facie  evidence
 of its truth2 yet1 it is to be         

observed1 that1 of all other  studies1  
the science of man has been least of all
 cultivated and  improved4 ,man only1   
who examines all ,nature else1 stands   
unexamined  by himself4 ,if we look into
 the vegetable and mineral kingdoms of  
this world1 we shall perceive a scrutiny
 made in them the most nice1  accurate1 
and comprehensive1 we shall find these  
grand divisions  of nature arranged in  
classes1 orders1 kinds1 and sorts3 we   
shall  contemplate systems morally      
perfect4 ,if we take a view of the      
animal  kingdom below ourselves1 we     
shall be witnesses there also of the    
same  order1 regularity1 and perfection4
 ,why then is human nature exempt  from 
this disquisition and arrangement8 ,are 
men afraid to turn their  eyes upon     
themselves1 lest they behold themselves 
in the mirror of  truth8 ,or is it      
pride1 or vanity1 that causes this      
neglect8 ,yes1  men would be angels1    
angels would be gods1 says ,mr4         
,pope#ab2 and  yet man1 as ,dr4 ,lister 

observes#ac1 is as very a quadruped as  
any  animal on earth2 and whose actions 
are most of them resolvable into        
instinct1 notwithstanding the principles
 which custom and education  have       
superinduced4 ,of other animals then1 it
 is well known1 there  are many kinds1  
each kind having its proper species     
subordinate  thereto3 but man is one    
kind of animal1 and yet1 without        
distinction  of species1 universally the
 same4 ,does not this seem to break in  
upon and unlink that great chain of     
,heaven1 which in due gradation  joins  
and unites the whole with all its parts8
 ,may it not be more  perfective of the 
system to say1 that human nature is a   
class1  comprehending an order of       
beings1 of which man is the genus1      
divided into distinct and separate      
species of men8 ,all other  species of  
the animal kingdom have their marks of  
distinction3 why  should man be         
universally indiscriminate one to the   
other8    ,the great ,mr4 ,locke        

says#ad1 that reason is supposed to make
 the  characteristic difference between 
man and beasts3 but1 what is the        
characteristic that distinguishes man   
from man8 ,that there may and  should be
 such a distinction1 ,i have already    
endeavoured to shew2 and  ,i am apt to  
think that this is a question not       
without its answer4  ,the learned ,dr4  
,hutchinson#ae has demonstrated the     
existence of  a moral sense in1 and     
peculiar to1 human nature2 which as it  
serves essentially to distinguish man   
from beasts1 and to raise him  from the 
tenth to the ten thousandth link of the 
chain1 so is it1  in my humble          
apprehension1 an evident criterion of   
the specific  difference between man and
 man4 ,now ,mr4 ,locke1 speaking of     
reason as  that faculty whereby man is  
distinguished from beasts1 says1 that   
beasts have reason in common with men2  
in which however he is to be            
understood1 that beasts possess the     
faculty1 and in some measure  have the  

use1 of reason2 but man's superiority   
over beasts consists  in the power of   
exerting that faculty1 and in the       
compound ratio  of its exertion4 ,as    
beasts therefore have the faculty of    
reason1  and it is the exertion in      
degree of that faculty 7particularly in 
obtaining abstract ideas7 that creates  
the great difference between  man and   
beasts3 so by the same parity of        
reasoning1 the moral sense  being a     
faculty of the human mind common to all 
men1 the capacity of  perceiving moral  
relations1 the power of exercising that 
faculty1  and the compound ratio of its 
exercise1 is that which makes the grand 
difference and distinction between man  
and man4 ,all nature1 my ,lord1  which  
is the art of ,god1 is wisely fitted and
 adapted to that use and  purpose for   
which it was ordained2 and the same     
observation is to  be made even in the  
art of man4 ,a flea is not less perfect 
than an  elephant because of its size3  
neither is the cup that holds a pint    

less compleat than the vessel that      
contains an hundred gallons2 when  both 
are full1 the end for which both were   
designed is answered and  fulfilled4    
,the use then to be made of this        
doctrine1 my ,lord1 is1  that as        
experience1 observation1 and experiment1
 are the foundations  upon which all    
speculative philosophy is raised2 so1   
from experience  and observation1 ,i    
judge that the truth of this hypothesis 
may be  very clearly proved and         
demonstrated4 ,now1 in order to this1 it
 is  necessary to have recourse to the  
histories of nations3 to read1 to       
examine1 and compare them1 one with the 
other4 ,to observe the moral            
improvements had by them1 to remark the 
social virtues that prevail2  and this  
will bring me to the accounts that have 
been given of  ,negroes 7for histories  
they have none of their own7 and        
consequently  back to the subject of    
this address to your ,lordship4 ,but1 my
 ,lord1  forbearing to trouble your     

,lordship with a detail of these        
accounts1  ,i shall1 referring them to  
your ,lordship's memory1 content myself 
with the bare mention of a few facts    
only#af4    ,mr4 ,guthrie1 in his       
account of ,africa from the tropic of   
,cancer to  the ,cape of ,good ,hope1   
says1 8,the history of this continent is
 little  known1 and probably affords no 
materials which deserve to render  it   
more so4 ,we know from the antients1 who
 sailed a considerable  way round the   
coasts1 that the inhabitants were in the
 same rude  situation near #bjjj years  
ago in which they are at present2 that  
is1 they had nothing of humanity about  
them but the form4 ,this  may either be 
accounted for by supposing1 that nature 
has placed  some insuperable barrier    
between the natives of this division of 
,africa and the inhabitants of ,europe2 
or that the former1 being so  long      
accustomed to a savage manner of life1  
and degenerating from  one age to       
another1 at length became altogether    

incapable of making  any progress in    
civility or science4 ,it is very certain
 that all  the attempts of the          
,europeans1 particularly of the ,dutch  
at the  ,cape of ,good ,hope1 have been 
hitherto ineffectual for making the     
least impression on these savage        
mortals1 or giving them the least       
inclination or even idea of the         
,european manner of life40    ,all other
 writers on this subject agree in these 
relations1 or  furnish others similar to
 them3 nor have ,i been able to find one
  author1 by whom ,i could discover that
 there was any sort of plan or  system  
of morality conceived by these tribes of
 ,africa1 or practised  among them4     
,their barbarity to their children      
debases their nature  even below that of
 brutes4 ,their cruelty to their aged   
parents is  of a kin to this4 ,they have
 a religion1 it is true3 but it is a    
religion which seems the effect only of 
outward impressions1 and  in which      
neither the head nor the heart have any 

concern4 ,they have  laws founded on    
principles1 which plainly prove the     
defective use of  the moral sense1 as   
appears in this instance among the rest4
 ,their  ,judges are judges and         
executioners at one and the same time4  
,when a  criminal is condemned by them1 
the ,chief ,justice first strikes him   
with a club1 and then all the rest of   
the ,judges fall upon him1 and  drub him
 to death2 and neither this1 nor any    
other of their customs1  can time make  
any alteration in1 nor precept nor      
example amend4  ,indeed1 if it were     
otherwise1 it would perhaps be          
unnatural3 for the  ,ethiopian cannot   
change his skin1 nor the ,leopard his   
spots4 ,from  this then1 my ,lord1 ,i   
infer1 that the measure of these beings 
may be  as compleat1 as that of any     
other race of mortals2 filling up that  
space in life beyond the bounds of which
 they are not capable of  passing2      
differing from other men1 not in kind1  
but in species2  and verifying that     

unerring truth of ,mr4 ,pope1 that      
8,order is ,heaven's first law2 and this
 confest1        ,some are1 and must be1
 greater than the rest30    ,the        
application of what has been said1 is1  
that the ,legislature1  perceiving the  
corporeal as well as intellectual       
differences of  ,negroes from other     
people1 knowing the irreclaimable       
savageness of  their manners1 and of    
course supposing that they were an      
inferior  race of people1 the conclusion
 was1 to follow the commercial genius   
of this country1 in enacting that they  
should be considered and  distinguished 
7as they are7 as articles of its trade  
and commerce  only#ag4    ,thus1 my     
,lord1 borne on the wings of ,fancy1 and
 led by ,imagination's  wily train1 have
 ,i ventured in untrodden paths to      
trespass on  philosophic ground2 to     
which offence1 however1 pleading guilty 
at  your ,lordship's bar1 ,i submit to  
the justice of the sentence1 be your    
,lordship's judgment whatever it may4   

,but having now discussed the physical  
motive1 which1 as it is  apprehended1   
might have occasioned the civil         
existence1 if ,i may  so say1 of        
,negroes in this kingdom2 the political 
consideration  proposed comes next in   
the order of enquiry4 ,it must be       
observed1  my ,lord1 that if the cause  
already assigned be the real cause1     
whatever is to be advanced on this head1
 is useless and superfluous4  ,both     
causes cannot be true at one and the    
same time4 ,they are meant  and must be 
received in the alternative2 or as the  
two strings of  ,nimrod's bow1 of which 
if either failed1 the other supplied the
 want2  and of whom ,mr4 ,pope thus     
speaks3          8,bold ,nimrod first   
the savage chace began1        ,a mighty
 ,hunter1 and his game was man40    ,now
 the physical motive supposes a         
difference of species among men1  and an
 inferiority of that species in         
,negroes3 whereas the political         
consideration1 on the other hand1 infers

 an universal sameness in  human nature2
 that is to say1 in fact1 that          
,englishmen are ,negroes1  and ,negroes 
are ,englishmen1 to all natural intents 
and purposes4  ,for what signifies the  
black skin1 and the flat nose1 as the   
great  ,baron ,montesquieu would        
insinuate#ah8 ,and yet methinks1 if the 
,baron had had a black skin1 and a flat 
nose1 the world never would  have had   
the benefit of his ,esprit des ,loix4   
,upon this ground  then1 the question   
that arises is1 what could have given   
rise to  this degradation and debasement
 of human nature8 ,if these our         
fellow-creatures were instruments       
necessary for the colonizing of         
,america1 and to this end compulsory    
laws were expedient also1 why  were     
these laws not made suitable and suited 
to their nature8 ,why  were ,negroes    
ordained a mortuum vadum1 instead of a  
vivum vadum1  7so to speak for          
comparison sake7 to those under whose   
dominion they  came8 ,might not the laws

 of villenage have been revived quoad   
them8 ,might not other laws of slavery  
have been enacted for their  government8
    ,here is it then that policy1 which 
is the object of my discovery1  must    
have intervened4 ,now the planting of   
the colonies opening with  the #afth    
century1 and consequently commencing    
nearly with the reign  of ,james ,i4 it 
appears1 that during the reigns of this 
race of kings1  their cultivation and   
improvement were so rapidly had1 that1  
from  a state of infancy1 before the end
 of the reign of ,charles ,,ii4 they    
had grown up and increased to the vigour
 of manhood4 ,it is in this  period of  
history1 therefore1 my ,lord1 that ,i am
 to search for1 and  to trace1 the cause
 of this allotted condition of ,negroes3
 but1 as  it cannot be expected that ,i 
should here enter into the particulars  
of those times1 so neither is it        
necessary to my purpose4 ,a single      
incontrovertible observation will serve 
to rest the whole of what  ,i have to   

offer on this subject2 and which is     
this3 that from the  alpha of the reign 
of ,james ,i4 to the omega of the reign 
of  ,james ,,ii4 to enslave1 was the    
fixed principle and uniform plan  of    
government4 ,this then at once accounts 
for the toleration of a  measure1 so    
inconsistent with the principles of the 
constitution of  this country3 but the  
reason upon which the measure was       
grounded is  not so immediately obvious4
 ,from things that are more known1      
things  that are less known must be     
deduced4 ,now it is a maxim in politics1
  that to obtain an end1 direct means   
are not always to be pursued1 or  rather
 that indirect means are allowed to be  
practiced2 and this  will lead me to    
mention two questions that have been    
already stated4  ,why were not the laws 
of villenage enforced8 or why were not  
other  laws of slavery enacted for the  
government of these people8 ,the  answer
 is plain2 these were edged tools1 which
 the complexion of the  times would not 

suffer the use of4 ,enough was the plan 
of government  exposed1 though hid under
 the cloak of religion4 ,such a step    
would  have left it naked1 and without a
 covering4 ,policy therefore  prevented 
that which the jealousy of the people   
would have forbidden4  ,in vain would   
have been the argument1 that these laws 
were intended  for operation in the new 
world of ,america4 ,ever to begin at the
  extremes is a well-known rule in the  
art of attaining to despotism4  ,the    
more distant the design1 the deeper laid
 is the scheme1 and the  more sure in   
its consequences4 ,as in the body       
natural1 even so is it  in the body     
politic4 ,the disease that lays hold of 
the toe1 often  finds its way to the    
heart4 ,gradual encroachments by        
imperceptible  movements are the most   
dangerous symptoms4 ,they call off      
attention  to remedies1 and lull        
suspicion to sleep4 ,but may all lovers 
of  liberty ever have their eyes open   
and awake to this despotic process6  ,he

 that would tyrannise in ,america or    
abroad1 awaits only the  opportunity of 
becoming a tyrant at ,home2 but thank   
,god1 my ,lord1 the  present times with 
us1 of all others1 give least occasion  
for any  apprehensions of this sort4    
,but to return4 ,instead then of that   
,demon  ,slavery being called in to     
preside over ,negroes1 ,trade1 the      
guardian  angel of ,england1 was made   
the ruler of them4 ,this ,i attribute to
  policy2 which1 however seemingly more 
constitutional1 was not less  favourable
 to the ruling principle of the ,crown4 
,i have already  admitted1 that to erect
 corporations1 and to grant ,letters    
,patent for  the purposes of trade1 are 
in the ,crown its undoubted prerogative2
  but1 considering ,negroes as human    
creatures1 and upon a level with        
ourselves1 ,i submit it to your         
,lordship1 that the ,crown had no right 
to make slaves of them2 whatever the    
uncontroulable power of an act  of      
parliament might do3 and yet ,charles   

the ,second1 by his ,charter  only to   
the ,duke of ,york1 enslaved whole      
nations of these people4  ,the apology1 
,i apprehend1 for this1 my ,lord1 will  
be2 that neither  this ,charter1 nor any
 other ,grant1 have ever conceived      
,negroes in  this light and view2 as1   
relation being thereunto had1 will more 
fully appear#ai4 ,if so1 my ,lord1 two  
things come out in proof3               
presumptively1 that the ,crown had no   
right of itself to make slaves  of      
,negroes1 or it would1 in those days at 
least1 have exerted it2  positively by  
these authorities themselves1 that      
,negroes are not  considered as slaves  
under the idea of slavery1 but merely as
 matter  of commercial property1 and    
articles of the trade of this country4  
,if now1 my ,lord1 ,i have supported the
 doctrine which ,i took upon  me to     
evince1 and have satisfactorily shewn1  
that property is the  gift of action in 
this case1 thereby proving that ,mr4    
,steuart may  of course legally compel  

,somerset to return to the ,plantations1
 ,i  shall leave its decision to your   
,lordship1 on a quotation of your own   
words3 8,it is not my business to alter 
the law2 or to make it1 but to  find the
 law40    ,it remains then only to      
observe1 that if ,somerset is the legal 
property of ,steuart1 he1 ,somerset1    
cannot legally be entitled to  the writ 
which he has sued out in aid of relief4 
,the writ of ,habeas  ,corpus is a writ 
of right given to the subjects of the   
,crown of  ,england1 for the security of
 their liberties4 ,if ,somerset can fall
  under this predicament and            
description1 he is open to the benefits 
that may arise therefrom2 but if the law
 has already fixed the fiat  of property
 on him1 ,i apprehend it is a legal     
exception to the  writ1 and his right is
 foreclosed thereby4    ,having said    
thus much1 my ,lord1 on one side of the 
question1 ,i do not  mean to conceal my 
sentiments on the other4 ,my aim is1 to 
establish  the truth3 my wish1 that what

 is right should be done4 ,whatever then
  is here the result of my reflections1 
to obtain the end ,i propose1 is        
necessary to your ,lordship's           
information4    ,when this matter1      
therefore1 was first in agitation1 it   
stated itself  thus generally to my     
comprehension3 that as it was a case    
which  existing for two centuries and   
upwards1 and never receiving finally    
any judicial determination1 it had      
better remain in the situation it  was4 
,it compared itself to me with some     
cases of royal prerogative1  and of     
parliamentary privilege1 which were     
excellent in theory1 but  subject to    
inconvenience in practice2 and whose    
best and safest law  was that of        
suspense3 but1 my ,lord1 when ,i found  
that the case was  to be argued1 and the
 judgment of the ,court of ,king's      
,bench taken  thereupon1 my hopes were1 
that1 if it was possible to counteract  
the law of the land1 the decision would 
be in favour of the ,negroe3  for       

although the knowledge of their being   
free might spirit them  up to           
insurrections in ,america1 yet it would 
put a stop to their  importation here by
 their owners1 and they would be more   
usefully  kept and employed in the      
colonies to which they belonged4 ,on the
  contrary determination too1 my ,lord1 
it being solemnly adjudged that         
,negroes in this country were not free1 
,i foresaw that this fatal  consequence 
might follow3 that the trade from       
,africa to ,america  would be diverted  
from ,africa to ,england2 and ,negroes1 
in process  of time1 would be sold in   
,smithfield market1 as horses and cattle
  now are4 ,each farmer would have his  
,negroe to drive his plough1 each       
manufacturer his slave under his own    
controul2 and ,america that was         
conquered in ,germany1 as was the saying
 of a very great man1 would  become     
,america ruined in ,england4    ,a great
 deal1 my ,lord1 was urged by the       
learned counsel1 of the  edicts of      

,france1 relative to ,negroes3 but it   
does not occur to my  memory that this1 
among the rest1 was taken notice of4 ,it
 may be1  that ,i am misinformed with   
respect to the fact2 but ,i will tell   
your  ,lordship how ,i came by it4 ,i   
have been myself1 my ,lord1 a traveller 
through every province of ,france1 and  
during my tour ,i never had  opportunity
 of seeing more than two ,noirs 7or     
,blacks7 as they are  there called2 one 
of which was at ,marseilles1 the other  
at ,bourdeaux1  the two chief ports of  
trade with the ,american colonies of    
that  kingdom4 ,knowing therefore the   
intercourse with1 and observing the     
fewness of these people1 ,i was led to  
enquire into the reason of  it2 when ,i 
was informed1 that there was an absolute
 edict of the  present ,king of ,france1
 prohibiting the importation of them    
into  that country1 upon this political 
idea1 that otherwise the race  of       
,frenchmen would1 in time to come1 be   
changed4 ,greater much1 my  ,lord1 is   

the reason in this country to apprehend 
this event4 ,it was  in representation1 
if not in proof1 to your ,lordship1 that
 there  were already fifteen thousand   
,negroes in ,england2 and scarce is     
there a street in ,london that does not 
give many examples of that1  which1 with
 much less reason1 had alarmed the fears
 of ,france4  ,upon the whole1 then1 my 
,lord1 let ,america and ,england look up
 to  your ,lordship1 as the man         
qualified to draw the line of propriety 
between them4 ,to this end1 let a ,bill 
originate in the ,house of  ,lords1     
under your ,lordship's formation3 let   
slavery1 so far as  property is such in 
,negroes1 be held in ,america3 let the  
importation  of them be prohibited to   
this country1 with such other           
regulations  and provisions as your     
,lordship shall see fit to lake place4  
,some  centuries back1 slavery was the  
law1 and slaves the objects of  that    
law1 as ,i observed before1 in this     
kingdom3 but civilization  has          

extinguished the existence of both4     
,when ,america shall be what  ,england  
is1 some yet undiscovered land will     
become what ,america is4  ,in short1 my 
,lord1 by this act you will preserve the
 race of ,britons  from stain and       
contamination2 and you will rightly     
confine a property  to those colonies1  
upon whose prosperity and welfare the   
independent  being of this country      
rests4                                  
,,samuel ,,estwick4                     
,portman-,square1 ,dec4 #aj1 #aggb4     
,,finis4          ,,footnotes3    #a    
,the late publication of ,mr4           
,hargrave's argument1 as one of         
,somerset's counsel1 gives me the       
satisfaction of seeing in the whole1    
what ,i had before the opportunity of   
hearing only in part4 ,i confess  ,i    
know not which most to admire1 the      
labour of this ,gentleman's  researches1
 or the ingenuity with which his        
collected materials  are systematized   
and disposed4 ,it is a history1 perhaps 

the most  compleat that is1 of the rise1
 progress1 decline1 and general state   
of ,slavery2 and1 whilst it does as much
 honour to his humanity  as to his      
understanding1 will serve as a light to 
enlighten the  footsteps of posterity1  
should a revival of the laws of         
,villenage  be ever attempted in this   
country3 but1 having said this1 ,i must 
recur to my former opinion1 that1       
learned as his arguments are in         
general1 in this particular case they   
are founded on false and  mistaken      
principles1 and are totally inapplicable
 to the merits of  the present question4
 ,his first principle or point is1 7vid4
 p4 #ab47  that 8whatever ,mr4          
,steuart's ,right may be1 it springs out
 of the  condition of slavery2 and      
accordingly1 says he1 the return fairly 
admits slavery to be the sole foundation
 of ,mr4 ,steuart's ,claim40  ,thus1    
with a ,petitio ,principii1 which       
neither is1 can1 or will  be admitted1  
and upon a manifest error in the return 

made to the  writ of ,habeas ,corpus1   
does the argument of ,mr4 ,hargrave     
commence1  rest1 and depend4 ,but if1   
instead of admitting1 there being no law
  to countenance such admission1 the    
return had relinquished the  right1 and 
denied the claim1 of slavery3 if it had 
set forth1 that  ,mr4 ,steuart was the  
bona fide purchaser of ,somerset in the 
legal  course of trade3 that he had     
bought him out of a ship's cargoe  from 
,africa1 together with some elephants   
teeth1 wax1 leather1 and  other         
commodities of that country1 for which  
he paid his money1 or  otherwise gave in
 exchange the manufactures of this      
country3 that he  had brought him here  
as an article of commerce with his other
 goods1  under the sanction of the laws 
of trade3 that he meant to export him   
hence under the same protection1 with   
his other property1 in order  to be sold
 for his better advantage in one of the 
,english ,colonies  in ,america3 that a 
writ of ,habeas ,corpus might as well   

issue on  account of his elephants      
teeth1 his wax1 his leather1 and his    
other  commodities of that country1 as  
on account of his ,negroe1 they being   
expressly under the same predicament of 
law1 and so forth3 ,i say1  under such  
circumstances1 and upon such a return1  
what would have  become of this stately 
pile of elaborate argument8             
,high-built1 like ,babel's tower1 to    
magnify the fall6 ,must not the  lawyers
 have saught new ground to build upon8  
,must not the ,court have  lost that    
error of insufficiency1 which now       
supports its only right  of ,judgment8  
,note1 ,although this argument of ,mr4  
,hargrave is said to have been          
delivered in the particular ,case of    
,somerset a ,negroe1 yet it is  meant   
and intended as a course of reasoning   
upon the general question  of the state 
and condition of ,negroes4    #b ,it is 
said in ,mr4 ,hargrave's argument1 p4   
#bc4 8such was the  expiring state of   
domestic slavery in ,europe at the      

commencement of  the #afth century1 when
 the discovery of ,america and of the   
,western  and ,eastern coasts of        
,africa1 gave occasion to the           
introduction of  a new species of       
slavery40 ,if the arguer had said a new 
species  of traffic1 instead of a new   
species of slavery1 he had expressed    
the real matter of fact2 seeing that the
 law by which this concern  is          
regulated1 considers it in no other     
light or view whatever4 ,for  this      
reason too1 it cannot be enumerated     
among the several species  of slavery   
that he has mentioned1 and taken notice 
of2 each distinct  species having its   
distinct laws1 appropriated thereto     
distinctly1  as the laws of slavery4    
,among the ,portuguese and ,spaniards1  
,i have  been given to understand1 that 
,negroes are1 and have ever been        
considered1 as with the ,english1 matter
 of ,property1 and articles  of commerce
 in the common course of traffic2 and   
were so estimated  by the ,french1 until

 the refined age of ,lewis ,,xiv4 gave  
rise to a  new institution of law1 under
 the title of the ,code noir1 for the   
particular government of ,negroes in    
their ,american colonies4 ,it were  to  
be wished that a fit and proper digest  
of this sort could take  place with us3 
but1 ,i fear1 the difficulty 7which     
arises not so much  from the subject1 as
 from the means of introduction7 will   
prevent the  execution of any such plan4
 ,from the unlimited power of the ,crown
 of  ,france1 when laws are made1 it is 
easy to enforce an obedience to  them3  
from the limited power of our monarchy1 
such obedience is not  to be exacted4   
,each ,english colony has a legislature 
of its own2 and  although they all agree
 in the framing of laws not repugnant to
 the  laws of ,england1 yet they all    
widely differ among themselves in the   
mode and practice of those laws4    #c  
,i have referred to this period of the  
,negroe-trade to ,africa1  because ,acts
 of ,parliament go no farther back in   

confirmation of  it2 but its            
commencement was of much earlier date4  
,it began in this  country about the    
middle of the #aeth century1 and was    
carried on by  means of letters patent  
obtained by individual traders for their
  private emolument1 until the growth of
 the ,english plantations in  ,america1 
in the next century1 made it an object  
of such importance1  as not only to     
render the establishment of a company   
necessary1  but of such profit as to    
engage even crowned heads to be         
concerned  therein4 ,the first charter  
was granted in the year #affa1 in favour
  of the ,duke of ,york2 but being      
revoked by consent of parties1 it was   
renewed in the year #affc1 with more    
ample privileges than the former4  ,the 
principal adventurers here1 were ,queen 
,catharine of ,portugal1  ,mary ,queen  
of ,france1 the ,duke of ,york1         
,henrietta ,maria ,duchess of  ,orleans1
 ,prince ,rupert1 and others of the     
,court4 ,thus upon the ground  of an    

exclusive ,right was this trade         
continued1 till1 by the vast  increase  
of the colonies1 it became1 in the      
beginning of the present  century1 a    
weight too heavy for the support of     
prerogative2 and so  falling under the  
protection of ,parliament1 was made1 as 
it now is1 a  free1 open1 and national  
concern4    #d ,mr4 ,hargrave says1 in  
his argument1 p4 #fg4 8,another         
objection  will be1 that there are      
,english acts of parliament1 which give 
a  sanction to the slavery of ,negroes2 
and therefore that it is now  lawful1   
whatever it might be antecedently to    
those statutes4 ,the  statutes in favour
 of this objection are the #eth of ,geo4
 ,,ii4 ch4 #g1  which makes ,negroes in 
,america liable to all debts1 simple    
contract  as well as speciality1 and the
 statutes regulating the ,african       
trade1 particularly the #bc;d ,geo4     
,,ii4 ch4 #ca1 which in the preamble    
recites that the trade to ,africa is    
advantageous to ,great ,britain1  and   

necessary for supplying its colonies    
with ,negroes4 ,but the utmost  which   
can be said of these statutes is1 that  
they impliedly authorize  the slavery of
 ,negroes in ,america2 and it would be a
 strange thing to  say1 that permitting 
slavery there1 includes a permission of 
slavery  here4 ,by an unhappy           
concurrence of circumstances1 the       
slavery of  ,negroes is thought to have 
become necessary in ,america2 and       
therefore  in ,america our ,legislature 
has permitted the slavery of ,negroes4  
,but  the slavery of ,negroes is        
unnecessary in ,england1 and therefore  
the  ,legislature has not extended the  
permission of it to ,england2 and  not  
having done so1 how can this ,court be  
warranted to make such an  extension80  
,now this is the very assertion without 
proof that ,i have  complained of above1
 and have there fully answered3 but1 in 
truth1  the best answer it can receive1 
is its own futility4 ,why did not ,mr4  
,hargrave1 instead of his ipse dixit1   

produce authorities to set  aside this  
objection8 ,he is on other occasions not
 sparing of proofs  and citations4 ,but 
what is his ipse dixit8 ,it is this3    
,the ,legislature has permitted the     
slavery of ,negroes in ,america3    ,but
 the slavery of ,negroes is unnecessary 
in ,england3    ,ergo1 the ,legislature 
has not extended the permission of it to
  ,england4    ,this is his mode of     
reasoning1 and these are his very words1
 which1  when examined syllogistically1 
shew1 if ,i have not forgotten my       
logic1 that they are as little          
conformable to rule1 as to matter  of   
fact4 ,but1 the fact is1 ,mr4 ,hargrave 
has found this objection a  stumbling   
block in his way1 and therefore1 nimbly 
leaping over it  himself1 to left it to 
trip up the heels of his followers4     
#e ,with respect to the statute of the  
#eth of ,geo4 ,,ii4 c4 #g4 there  are   
not wanting frequent instances of its   
having been inforced in  this country2  
particularly in a case of the noted     

,rice3 who1 forging  a ,letter of       
,attorney with intent to defraud the    
,bank of ,england of  a considerable sum
 of money1 fled to ,france1 was         
delivered up by  that ,court1 and       
afterwards hanged at ,tyburn4 ,it seems1
 upon his  absconding1 a commission of  
,bankruptcy was awarded against him2 and
  the ,commissioners1 as ,i am credibly 
informed1 under this very ,act  of      
,parliament here mentioned1 sold a      
,negroe of his in the city of  ,london1 
as his property1 and among his other    
goods and chattels1 for  the            
satisfaction of the creditors4 ,but this
 act does not require  cases for its    
confirmation1 neither is it the place   
where executed  that ,i contend for2 it 
is the vesting of the property1 without 
proviso or condition1 that surmounts all
 objection4 ,suppose ,i had  purchased a
 ,negroe in the island of ,barbadoes1 or
 in any other  part of ,america1 that   
had been extended there at the suit of  
the  ,king for a debt due to him1 and   

had brought this ,negroe with me to     
,england3 would ,mr4 ,hargrave1 or any  
other lawyer1 say1 that a writ  of      
,habeas ,corpus1 or any other writ      
whatsoever not founded on the  verdict  
of a jury1 could dispossess me of a     
property1 which ,i held  under the      
sense1 letter1 and spirit of an ,act of 
,parliament8 ,can any  implication of   
law operate against the express words   
and meaning of  a law8 ,and would not   
such argument in its consequences be a  
mere  reductio ad absurdum8    #f ,vide 
,blackstone's ,commentaries1 vol4 i4 p4 
#cfi4    #g ,mr4 ,hargrave further says1
 in his argument1 p4 #fg and #fh1 8,the 
slavery of ,negroes being admitted to be
 lawful now in ,america1  however       
questionable its first introduction     
there might be1 it may  be urged that   
the lex loci ought to prevail1 and that 
the master's  property in the ,negroe as
 a slave having had a lawful            
commencement  in ,america1 cannot be    
justly varied by bringing him into      

,england40  ,this is one among other    
objections raised by ,mr4 ,hargrave in  
order  to receive his answer4 ,now as to
 the doubt expressed here1 namely1      
8however questionable its first         
introduction there might be10 the  right
 of granting letters patent1 and of     
erecting corporations for  the purposes 
of trade1 being the undoubted           
prerogative of the king  as arbiter of  
the commerce of his dominions2 the      
lawfulness of this  trade to ,africa is 
no more to be questioned whilst it was  
carried on  under this direction1 than  
it is to be questioned now it is under  
the controul of parliament4 ,it was     
before constitutionally legal1  it is   
now parliamentary so3 but the answer to 
the objection itself  is as little      
satisfactory as the doubt is4 ,here a   
most unnatural  distinction is aimed at 
between the colony laws in ,america1 and
  the laws of their mother country3     
putting the lex loci of these  colonies 
upon the same footing with the lex loci 

of ,russia or  ,prussia1 or any other   
foreign country3 whereas the lex loci of
 the  colonies is founded on the lex    
loci of ,england1 and is1 in totidem    
verbis1 the same1 as has been made to   
appear4    #h ,this was a ,mr4 ,alleyne4
    #i ,this opinion was repeated by    
,lord ,hardwick1 sitting as             
,chancellour1 twenty years after it had 
been given1 with additional  assurances1
 and under the fullest conviction of its
 strict conformity  to the law4    #aj  
,it is said1 ,lex est summa ratio4 ,i am
 sorry that so excellent  a rule of law 
should admit of contradiction2 and ,i   
wish that this was  the only instance of
 an exception3 but1 let it be           
considered1 whether  our ,game laws1 our
 ,marriage acts1 and1 for the most part1
 the penal  laws of this country1 cum   
multis aliis qu1 c4 are not contrary    
both to reason and nature4    #aa 8,it  
is laid down10 says ,judge ,blackstone1 
that 8acts of  parliament contrary to   
reason are void3 but if the parliament  

will  positively enact a thing to be    
done which is unreasonable1 ,i know  of 
no power that can controul it40----,v4  
his ,comm4 ,vol4 ,i4 p4 #ia4    #ab     
,vid4 his ,essay on ,man4    #ac ,vid4  
his ,journ4 to ,paris4    #ad ,vid4 his 
,essay on ,human ,understanding4    #ae 
,vid4 his ,moral ,philosophy4    #af ,in
 looking into ,mr4 ,hume's ,essays1     
particularly the one of  national       
characters 7which ,i had never seen till
 after the above  argument was finished7
 ,i was made happy to observe the ideas 
of so  ingenious a writer corresponding 
with my own3 but as we differ in  some  
respects1 and much of what ,i have      
suggested has been not at all  taken    
notice of by him1 ,i shall beg leave to 
insert here what he has  said upon the  
subject4 8,there is10 says he1 8some    
reason to think1  that all nations1     
which live beyond the polar circles1 or 
betwixt the  tropics1 are inferior to   
the rest of the species1 and are utterly
  incapable of all the higher           

attainments of the human mind40 ,upon   
which he has the following note3 8,i am 
apt to suspect the ,negroes1  and in    
general all the other species of men    
7for there are four or  five different  
kinds7 to be naturally inferior to the  
whites40 ,now  ,i do not apprehend1     
that1 in order to have different species
 of  men1 it is at all necessary to have
 four or five different kinds4  ,i      
infer1 that there is but one genus or   
kind of man 7under the  term mankind7   
subordinate to which there are several  
sorts or  species of men1 differing from
 each other upon the principle that ,i  
have assigned2 and1 as ,hudibras says1  
,if one will do1        ,what need of   
two8    ,besides1 it is seemingly a less
 systematical arrangement4 ,but he      
proceeds to say1 8,there never was a    
civilized nation of any other           
complexion than white1 nor even any     
individual eminent either in  action or 
speculation4 ,no ingenious manufactures 
amongst them1 no  arts1 no sciences4 ,on

 the other hand1 the most rude and      
barbarous  of the whites1 such as the   
antient ,germans1 or the present        
,tartars1  have still something eminent 
about them1 in their valour1 form of    
government1 or some other particular4   
,such a uniform and constant  difference
 could not happen1 in so many countries 
and ages1 if nature  had not made an    
original distinction betwixt these      
breeds of  men4 ,not to mention our     
colonies1 there are ,negroe slaves      
dispersed  all over ,europe1 of which   
none ever discovered any symptoms of    
ingenuity2 though low people without    
education will start up among  us1 and  
distinguish themselves in every         
profession4 ,in ,jamaica indeed  they   
talk of one ,negroe as a man of parts   
and learning2 but1 'tis  likely he is   
admired for very slender                
accomplishments1 like a parrot  who     
speaks a few words plainly40 ,thus ,mr4 
,hume marks the difference  betwixt the 
several species of men1 by their natural

 capacity or  incapacity of exerting in 
degree the rational powers1 or faculties
  of the understanding2 which is the    
distinction that ,mr4 ,locke makes      
between man and brutes4 ,i distinguish  
man from man by the moral  sense or     
moral powers2 and although a ,negroe is 
found1 in ,jamaica  or elsewhere1 ever  
so sensible and acute2 yet if he is     
incapable of  moral sensations1 or      
perceives them only as beasts do simple 
ideas1  without the power of            
combination1 in order to use 7which ,i  
verily  believe to be the case7 it is a 
mark that distinguishes him from the    
man who feels and is capable of these   
moral sensations1 who knows  their      
application and the purposes of them1 as
 sufficiently1 as the  ,negroe himself  
is distinguished from the highest       
species of brutes4    #ag ,there are two
 cases referred to in ,mr4 ,hargrave's  
argument1  7p4 #eb4 and p4 #ed47 which  
are not only fully explanatory of the   
above principles1 but support the       

opinion of the ,lord ,chancellours1     
,hardwick and ,talbot2 and are in direct
 proof of the whole of my  argument4    
,the cases ,i allude to1 are those of   
,butts and ,penny1 and  ,gelly against  
,cleve4 ,the first was an action of     
,trover for #aj  ,negroes2 and there was
 a special verdict1 c4 ,the ,court held1
 that  ,negroes being usually bought and
 sold amongst ,merchants1 and being     
infidels1 there might be a property in  
them sufficient to maintain  the action4
 ,in the second case1 the ,court is said
 to have held1 that  ,trover will lie   
for a ,negroe boy1 because ,negroes are 
,heathens2  and therefore a man may have
 property in them2 and the ,court       
without  averment will take notice1 that
 they are ,heathens4 ,now upon two      
judicial determinations are the very    
reasons of my argument held and         
alledged4 ,negroes are infidels3        
,negroes are ,heathens3 of course       
unpossessed of those religious and moral
 truths1 which the ,gospel  impresses   

upon all minds capable of receiving     
them2 and therefore the  law1 regarding 
the inferior state of their nature1 has 
considered  them merely as property     
bought and sold among merchants4    #ah 
,vid4 his ,spirit of ,laws1 vol4 i4 p4  
#cda4    #ai ,see also the ,assiento1 or
 ,contract made with the ,south ,sea    
,company1 for supplying the ,spaniards  
with ,negroes by treaty of  commerce    
between ,great ,britain and ,spain1 in  
the year #agac-ad2  wherein they are    
considered as dutyable commodities1 and 
named merely  as matters of merchandize2
 and if thus conceived of at this time1 
and on so solemn an occasion as a       
,treaty of ,peace1 by what new law  or  
magic is it that they are now become the
 subjects of the ,crown of  ,england1   
and intitled to the benefit of the      
,habeas ,corpus8                        
,,transcriber',s ,,note      ,obvious   
typographical errors and punctuation    
errors have been    corrected after     
careful comparison with other           

occurrences within    the text and      
consultation of external sources4       
,some hyphens in words have been        
silently removed1 some added1    when a 
predominant preference was found in the 
original book4      ,except for those   
changes noted below1 all misspellings in
 the text1    and inconsistent or       
archaic usage1 have been retained4      
,pg ix3 #8himself a ,vellein' replaced  
by #8himself a ,villein'4    ,pg #dg3   
#8the objects of of' replaced by #8the  
objects of'4    ,pg #gj3 #8  ' could be 
replaced by #8  ' to avoid           the
 unusual pi and stigma characters4