here by his master's private authority. Habeas Corpus acknowledges a right to seize persons by force employed to serve abroad. A right of compulsion there must be, or the master will be under the ridiculous necessity of neglecting his proper business, by staying here to have their service, or must be quite deprived of those slaves he has been obliged to bring over. The case, as to service for life, was not allowed, merely for want of a deed to pass it.

The Court approved Mr. Alleyne's opinion of the distinction, how far municipal laws were to be regarded: instanced the right of marriage; which, properly solemnized, was in all places the same, but the regulations of power over children from it, and other circumstances, very various; and advised, if the merchants thought | it so necessary, to apply to parliament, who could make laws.

Adjourned till that day se'nuight.

question: less than this I have no reason to expect; more, I neither demand nor wish to have allowed. Many alarming apprehensions have been entertained of the consequence of the decision, either way. About 14,000 slaves, from the most exact intelligence I am able to procure, are at present here; and some little time past, 166,914 in Jamaica; there are, besides, a number of wild negroes in the woods. The computed value of a negro in those parts 501. a head. In the other islands I cannot state with the same accuracy, but on the whole they are about as many. The means of conveyance, I am told, are manifold; every family almost brings over a great number; and will, be the decision on which side it may. Most negroes who have money (and that description I believe will include nearly all) make interest with the cominon sailors to be carried hither. There are negroes not falling under the proper denomination of any yet mentioned, descenMr. Dunning. It is incumbent on me to jus- dants of the original slaves, the aborigines, if [ tify captain Knowles's detainer of the negro; may call them so; these have gradually acthis will be effected, by proving a right in Mr. quired a natural attachment to their country Steuart; even a supposed one: for till that and situation; in all insurrections they side matter was determined, it were somewhat un- with their masters: otherwise the vast disproaccountable that a negro should depart his portion of the negroes to the whites, (not less service, and put the means out of his power of probably than that of 100 to one) would have triyng that right to effect, by a flight out of the been fatal in its consequences. There are very kingdom. I will explain what appears to me strong and particular grounds of apprehenthe foundation of Mr. Steuart's claim. Before sion, if the relation in which they stand to the writ of Habeas Corpus issued in the present their masters is utterly to be dissolved on the case, there was, and there still is, a great num- instant of their coming into England. Slavery, ber of slaves in Africa, (from whence the Ame- say the gentlemen, is an odious thing; the rican plantations are supplied) who are saleable, name is: and the reality; if it were as one has and in fact sold. Under all these descriptions defined, and the rest supposed it. If it were is James Sommersett. Mr. Steuart brought him necessary to the idea and the existence of over to England; purposing to return to Ja- James Sommersett, that his master, even here, maica, the negro chose to depart the service, might kill, nay, might eat him, might sell living and was stopt and detained by captain Knowles, or dead, might make him and his descendants until his master should set sail and take him property alienable, and thus transmissible to away to be sold in Jamaica. The gentlemen posterity; this, how high soever my ideas may on the other side, to whom I impute no blame, be of the duty of my profession, is what I but on the other hand much commendation, should decline pretty much to defend or as have advanced many ingenious propositions; sert, for any purpose, seriously; I should only part of which are undeniably true, and part (as speak of it to testify my contempt and abis usual in compositions of ingenuity) very dis- horrence. But this is what at present I am putable. It is my misfortune to address an not at all concerned in; unless captain Knowles, audience, the greater part of which, I fear, or Mr. Steuart, have killed or eat him. are prejudiced the other way. But wishes, I Freedom has been asserted as a natural right, am well convinced, will never enter into your and therefore unalienable and unrestrainable; fordships' minds, to influence the determination there is perhaps no branch of this right, but in of the point: this cause must be what in fact some at all times, and in all places at different and law it is; its fate, I trust, therefore, de- times, has been restrained: nor could society pends on fixt invariable rules, resulting by law otherwise be conceived to exist. For the great from the nature of the case. For myself, I benefit of the public and individuals, natural would not be understood to intimate a wish in liberty, which consists in doing what one likes, favour of slavery, by any means; nor on the is altered to the doing what one ought. The other side to be supposed the maintainer of an gentlemen who have spoke with so much zeal, opinion contrary to my own judgment, I am have supposed different ways by which slavery bound by duty to maintain those arguments commences; but have omitted one, and rightly; which are most useful to captain Knowles, as for it would have given a more favourable iden far as is consistent with truth; and if his con- of the nature of that power against which they duct has been agreeable to the laws throughout, combat. We are apt (and great anthorities I am under a farther indispensible duty to sup- support this way of speaking) to call those na port it. I ask no other attention than may tions universally, whose internal police we are naturally result from the importance of the ignorant of, barbarians; (thus the Greeks, par

are most closely connected: municipal laws, strictly, are those confined to a particular place; political, are those in which the municipal laws of many states may and do concur. The relation of husband and wife, I think myself war

ticularly, stiled many nations, whose customs, generally considered, were far more justifiable and commendable than their own :) unfortunately, from calling them barbarians, we are apt to think them so, and draw conclusions accordingly. There are slaves in Africa by cap-ranted in questioning, as a natural relation : tivity in war, but the number far from great; the country is divided into many small, some great territories, who do, in their wars with one another, use this custom. There are of these people, men who have a sense of the right and value of freedom; but who imagine that of fences against society are punishable justly by the severe law of servitude. For crimes against property, a considerable addition is made to the number of slaves. They have a process by which the quantity of the debt is ascertained; and if all the property of the debtor in goods aod chattels is insufficient, he who has thus dissipated all he has besides, is deemed property himself; the proper officer (sheriff we may call him) seizes the insolvent, and disposes of him as a slave. We don't contend under which of these the unfortunate man in question is; but his condition was that of servitude in Africa; the law of the land of that country disposed of him as property, with all the consequences of transmission and alienation; the statutes of the British legislature confirm this condition; and thus he was a slave both in law and fact. I do not aim at proving these points; not because they want evidence, but because they have not been controverted, to my recollection, and are, I think, incapable of denial. Mr. Steuart, with this right, crossed the Atlantic, and was not to have the satisfaction of discovering, till after his arrival in this country, that all relation between him and the negro, as master and servant, was to be matter of controversy, and of long legal disquisition. A few words may be proper, concerning the Russian slave, and the proceedings of the House of Commons on that case. It is not absurd in the idea, as quoted, nor improbable as matter of fact; the expression has a kind of absurdity. I think, without any prejudice to Mr. Steuart, or the merits of this cause, I may admit the utmost possible to be desired, as far as the case of that slave goes. The master and slave were both, (or should have been at least) on their coming here, new creatures. Russian slavery, and even the subordination amongst themselves, in the degree they use it, is not here to be tolerated. Mr. Alleyne justly observes, the municipal regulations of one country are not binding on another; but does the relation cease where the modes of creating it, the degrees in which it subsists, vary? I have not heard, nor, I fancy, is there any intention to affirm, the relation of master and servant ceases here? I understand the municipal relations differ in different colonies, according to humanity, and otherwise. A distinction was endeavoured to be established between natural and municipal relations; but the natural relations are not those only which attend the person of the man, political do so too; with which the municipal

does it subsist for life; or to answer the natural purposes which may reasonably be supposed often to terminate sooner? Yet this is one of those relations which follow a man every where. If only natural relations had that property, the effect would be very limited indeed. In fact, the municipal laws are principally employed in determining the manner by which relations are created; and which manner varies in various countries, and in the same country at different periods; the political relation itself continuing usually unchanged by the change of place. There is but one form at present with us, by which the relation of husband and wife can be constituted; there was a time when otherwise: I need not say other nations have their own modes, for that and other ends of society. Contract is not the only means, on the other hand, of producing the relation of master and servant; the magistrates are empowered to oblige persons under certain cir. cumstances to serve. Let me take notice, nejther the air of England is too pure for a slave to breathe in, nor have the laws of England rejected servitude. Villenage in this country is said to be worn out; the propriety of the expression strikes me a little, Are the laws not existing by which it was created? A matter of more curiosity than use, it is, to enquire when that set of people ceased. The statute of tenures did not however abolish villenage in gross; it left persons of that condition in the same state as before; if their descendants are all dead, the gentlemen are right to say the subject of those laws is gone, but not the law; if the subject revives, the law will lead the subject. If the statute of Charles the 2d, ever be repealed, the law of villenage revives in its full force. If my learned brother the serjeant, or the other gentlemen who argued on the supposed subject of freedom, will go through an operation my reading assures me will be sufficient for that purpose, I shall claim them as property. I won't, I assure them, make a rigorous use of my power; I will neither sell them, eat them, nor part with them. It would be a great surprize, and some inconvenience, if a foreigner bringing over a servant, as soon as he got hither, must take care of his carriage, his horse, and himself in whatever method he might have the luck to invent. He must find his way to London on foot. He tells his servant, Do this; the servant replies, Before I do it, I think fit to inform you, Sir, the first step on this happy land sets all men on a perfect level; you are just as much obliged to obey my commands. Thus, neither superior, or inferior, both go without their dinner. We should find singular comfort, on entering the fimits of a foreign country, to be thus at once devested of all attendance and all accommoda

tion.

The gentlemen have collected more reading than I have leisure to collect, or industry (I must own) if I had leisure: very laudable pains have been taken, and very ingenious, in collecting the sentiments of other countries, which I shall not much regard as affecting the point or jurisdiction of this court. In Holland, so far from perfect freedom, (1 speak from knowledge) there are, who without being conscious of contract, have for offences perpetual labour imposed, and death the condition annexed to non-performance. Either all the different ranks must be allowed natural, which is not readily conceived, or there are political ones, which cease not on change of soil. But in what manner is the negro to be treated? How far lawful to detain him? My footman, according to my agreement, is obliged to attend me from this city, or he is not; if no condition, that he shall not be obliged, from hence he is obliged, and no injury done.

A servant of a sheriff, by the command of his master, laid hand gently on another servant of his master, and brought him before his master, who himself compelled the servant to his duty; an action of assault and battery, and false imprisonment, was brought; and the principal question was, on demurrer, whether the master could command the servant, though he might have justified his taking of the servant by his own hands? The convenience of the public is far better provided for, by this private authority of the master, than if the lawfulness of the command were liable to be litigated every time a servant thought fit to be negligent or troublesome.

as a consequence of a previous right in Mr. Steuart, which our institutions, not dissolving, confirm. I don't insist on all the consequences of villenage; enough is established for our cause, by supporting the continuance of the service. Much has been endeavoured, to raise a distinction, as to the lawfulness of the negro's commencing slave, from the difficulty or impossibility of discovery by what means, under what authority, he became such. This, I apprehend, if a curious search were made, not utterly inexplicable; nor the legality of his original servitude difficult to be proved. But to what end? Our legislature, where it finds a relation existing, supports it in all suitable consequences, without using to enquire how it commenced. A man enlists for no specified time; the contract in construction of law, is for a year: the legislature, when once the man is enlisted, interposes annually to continue him in the service, as long as the public has need of him. In times of public danger he is forced into the service; the laws from thence forward find him a soldier, make him liable to all the burden, confer all the rights (if any rights there are of that state) and enforce all penalties of neglect of any duty in that profession, as much and as absolutely, as if by contract he had so disposed of himself. If the Court see a necessity of entering into the large field of argument, as to right of the unfortunate man, and service appears to them deducible from a discussion of that nature to him, I neither doubt they will, nor wish they should not. As to the purpose of Mr. Steuart and captain Knowles, my argument does not require trover should lie, as for recovering of property, nor trespass: a form of

Amisit, for loss of service, which the Court would have recognized; if they allowed the means of suing a right, they allowed the right. The opinion cited, to prove the negroes free on coming hither, only declares them not saleable; does not take away their service. I would say, before I conclude, not for the sake of the court, of the audience; the matter now in question, interests the zeal for freedom of no person, if truly considered; it being only, whether I must apply to a court of justice, (in a case, where if the servant was an Englishman I might use my private authority to enforce the performance of the service, according to its nature,) or may, without force or outrage, take my servant myself, or by another. I hope, therefore, I shall not suffer in the opinion of those whose honest passions are fired at the name of slavery. I hope I have not transgressed my duty to humanity; nor doubt I your lordship's discharge of yours to justice.

Is there a doubt, but a negro might interpose in the defence of a master, or a master in defence of a negro? If to all purposes of ad-action there is, the writ Per Quod Servitium vantage, mutuality requires the rule to extend to those of disadvantage. It is said, as not formed by contract, no restraint can be placed by contract. Whichever way it was formed, the consequences, good or ill, follow from the relation, not the manner of producing it. I may observe, there is an establishment, by which magistrates compel idle or dissolute persons, of various ranks and denominations, to serve. In the case of apprentices bound out by the parish, neither the trade is left to the choice of those who are to serve, nor the consent of parties necessary; no contract therefore is made in the former instance, none in the latter; the duty remains the same. The case of contract for life quoted from the yearbooks, was recognized as valid; the solemnity only of an instrument judged requisite. Your lordships, (this variety of service, with divers other sorts, existing by law here,) have the option of classing him amongst those servants which he most resembles in condition: therefore, (it seems to me) are by law authorised to Davy, Serj.-My learned friend has thought enforce a service for life in the slave, that be- proper to consider the question in the begining a part of his situation before his comingning of his speech, as of great importance: hither; which, as not incompatible, but agreeing with our laws, may justly subsist here: I think, I might say, must necessarily subsist,

it is indeed so; but not for those reasons principally assigned by him. I apprehend, my lord, the honour of England, the honour of

the laws of every Englishman, here or abroad, which as a subject he belonged at the time is now concerned. He observes, the number of his death." "All relations governed by muis 14,000 or 15,000; if so, high time to put nicipal laws, must be so far dependant on an end to the practice; more especially, since them, that if the parties change their country. they must be sent back as slaves, though ser- the municipal laws give way, if contradictory vants here. The increase of such inhabitants, to the political regulations of that other country. not interested in the prosperity of a country, [See the cases cited in Fabrigas v. Mostyn, inf.] is very pernicious; in an island, which can, as In the case of master and slave, being no such, not extend its limits, nor consequently moral obligation, but founded on principles, maintain more than a certain number of inha- and supported by practice, utterly foreign to bitants, dangerous in excess. Money from fo- the laws and customs of this country, the law reign trade (or any other means) is not the cannot recognize such relation. The arguwealth of a nation; nor conduces any thing to ments founded on municipal regulations, consupport it, any farther than the produce of the sidered in their proper nature, have been treated earth will answer the demand of necessaries, so fully, so learnedly, and ably, as scarce to In that case money enriches the inhabitants, leave any room for observations on that subas being the common representative of those ject: any thing I could offer to enforce, would necessaries; but this representation is merely rather appear to weaken the proposition, comimaginary and useless, if the encrease of peo- pared with the strength and propriety with ple exceeds the annual stock of provisions re- which that subject has already been explained quisite for their subsistence. Thus, foreign and urged. I am not concerned to dispute, superfluous inhabitants augmenting perpetu- the negro may contract to serve; nor deny ally, are ill to be allowed; a nation of enemies the relation between them, while he continues in the heart of a state, still worse. Mr. Dun- under his original proprietor's roof and, pro ning availed himself of a wrong interpretation tection. It is remarkable, in all Dyer, (for I of the word natural:' it was not used in the have caused a search to be made as far as the sense in which he thought fit to understand 4th of Henry the 8th,) there is not one instance that expression; it was used as moral, which of a man's being held a villein who denied no laws can supersede. All contracts, I do himself to be one, nor can I find a confession of not venture to assert, are of a moral nature; villenage in those times. [Lord Mansfield;— but I know not any law to confirm an immoral The last confession of villenage extant, is in the contract, and execute it. The contract of 19th of Henry the 6th.] If the Court would marriage is a moral contract, established for acknowledge the relation of master and sermoral purposes, enforcing moral obligations; vant, it certainly would not allow the most exthe right of taking property by descent, the ceptionable part of slavery; that of being legitimacy of children; (who in France are obliged to remove, at the will of the master, considered legitimate, though born before the from the protection of this land of liberty, to a marriage, in England not): these, and many country where there are no laws; or hard laws other consequences, flow from the marriage to insult him. It will not permit slavery susproperly solemnized; are governed by the mu-pended for a while, suspended during the pleanicipal laws of that particular state, under whose institutions the contracting and disposing parties live as subjects; and by whose established forms they submit the relation to be regulated, so far as its consequences, not concerning the moral obligation, are interested. In the case of Thorn and Watkins, in which your lordship was counsel, determined before lord Hardwicke-A man died in England, with effects in Scotland; having a brother of the whole, and a sister of the half blood: the latter, by the laws of Scotland, could not take. The brother applies for administration to take the whole estate, real and personal, into his own hands, for his own use; the sister files a bill in Chancery. The then Mr. Attorney-General puts in answer for the defendant; and affirms, the estate, as being in Scotland, and descending from a Scotchman, should be governed by that law. Lord Hardwicke overruled the objection against the sister's taking; declared there was no pretence for it; and spoke to this effect, and nearly in the following words "Suppose a foreigner has effects in our stocks, and dies abroad; they must be distributed according to the laws, not of the place where his effects were, but of that to

sure of the master. The instance of master and servant commencing without contract; and that of apprentices against the will of the parties, (the latter found in its consequences exceedingly pernicious;) both these are provided by special statutes of our own municipal law. If made in France, or any where but here, they would not have been binding here. To punish not even a criminal for offences against the laws of another country; to set free a galley-slave, who is a slave by his crime; and make a slave of a negro, who is one, by his complexion; is a cruelty and absurdity that I trust will never take place here: such as, if promulged, would make England a disgrace to all the nations under heaven: for the reducing a man, guiltless of any offence against the laws, to the condition of slavery, the worst and most abject state. Mr. Danning has mentioned, what he is pleased to term philosophical and moral grounds, I think, or something to that effect, of slavery; and would not by any means have us think disrespectfully of those nations, whom we mistakenly call barbarians, merely for carrying on that trade: for my part, we may be warranted, I believe, in affirming the morality or propriety of the practice does not