ble condition in which negroes have the misfortune to be considered, effectually prevents their importation in any considerable degree. Ought we not, on our part, to guard and preserve that liberty by which we are distinguished by all the earth! to be jealous of whatever measure has a tendency to diminish the veneration due to the first of blessings? The horrid cruelties, scarce credible in recital, perpetrated in America, might, by the allowance of slaves amongst us, be introduced here. Could your lordship, could any liberal and ingenuous temper, endure, in the fields bordering on this city, to see a wretch bound for some trivial offence to a tree, torn and agonizing beneath the Scourge? Such objects might by time become familiar, become unheeded by this nation; exercised, as they are now, to far different sentiments, may those sentiments never be extinct! the feelings of humanity! the generous sallies of free minds! May such principles never be corrupted by the mixture of slavish customs! Nor can I believe, we shall suffer any individual living here to want that liberty, whose effects are glory and happiness to the public and every individual.

unsupported by precedent. And if it be objected, that a proper action could not be brought, it is a known and allowed practice in mercantile transactions, if the cause arises abroad, to lay it within the kingdom: therefore the contract in Virginia might be laid to be in London, and would not be traversable. With respect to the other cases, the particular mode of action was alone objected to; had it been an action per quod servitium amisit,' for loss of service, the Court would have allowed it. The Court called the person, for the recovery of whom it was brought, a slavish servant, in Chamberlayne's case. Lord Hardwicke, and the afterwards lord chief justice Talbot, then attorney and solicitor-general, pronounced a slave not free by coming into England. It is necessary the masters should bring them over; for they cannot trust the whites, either with the stores or the navigating the vessel. Therefore, the benefit taken on the Habeas Corpus Act ought to be allowed.

lerated here. Much consideration was necessary, to define how far the point should be carried.

Lord Mansfield observes, The case alluded to was upon a petition in Lincoln's Inn Hall, after dinner; probably, therefore, might not, as he believes the contrary is not unusual at that Mr. Wallace. The question has been stated, hour, be taken with much accuracy. The whether the right can be supported here; or, principal matter was then, on the earnest soliif it can, whether a course of proceedings at citation of many merchants, to know, whether law be not necessary to give effect to the right? a slave was freed by being made a Christian? It is found in three quarters of the globe, and And it was resolved, not. It is remarkable, in part of the fourth. In Asia the whole peo- though the English took infinite pains before ple; in Africa and America far the greater to prevent their slaves being made Christians, part; in Europe great numbers of the Rus- that they might not be freed, the French sug sians and Polanders. As to captivity in war, gested they must bring their's into France, the Christian princes have been used to give (when the edict of 1706 was petitioned for,) to life to the prisoners; and it took rise probably make them Christians. He said, the distinc in the Crusades, when they gave them life, and tion was difficult as to slavery, which could not sometimes enfranchised them, to inlist under be resumed after emancipation, and yet the conthe standard of the cross, against the Maho-dition of slavery, in its full extent, could not be tometans. The right of a conqueror was absolute in Europe, and is in Africa. The natives are brought from Africa to the West Indies; The Court must consider the great depurchase is made there, not because of positive triment to proprietors, there being so great. law, but there being no law against it. It can- a number in the ports of this kingdom, that not be in consideration by this or any other many thousands of pounds would be lost to the court, to see, whether the West India regula- owners, by setting them free. (A gentleman tions are the best possible; such as they are, observed, no great danger; for in a whole while they continue in force as laws, they must fleet, usually, there would not be six slaves.) be adhered to. As to England not permitting As to France, the case stated decides no slavery, there is no law against it; nor do I farther than that kingdom; and there freedom find any attempt has been made to prove the was claimed, because the slave had not been existence of one. Villenage itself has all but registered in the port where he entered, conthe name. Though the dissolution of monas- formably to the edict of 1706. Might not a teries, amongst other material alterations, did slave as well be freed by going out of Virginia occasion the decay of that tenure, slaves could to the adjacent country, where there are no breathe in England: for villeins were in this slaves, if change to a place of contrary custom country, and were mere slaves, in Elizabeth. was sufficient? A statute by the legislature, to Sheppard's Abridgment, afterwards, says they subject the West India property to payment of were worn out in bis time. [Lord Mansfield debts, I hope, will be thought some proof; anmentions an assertion, but does not recollect the other act devests the African company of their author, that two only were in England in the slaves, and vests them in the West India Comtime of Charles the 2d, at the time of the aboli-pany: I say, I hope these are proofs the law tion of tenures.] In the cases cited, the two first directly affirm an action of trover, an action appropriated to mere cominon chattels. Lord Holt's opinion, is a mere dictum, a decision

has interfered for the maintenance of the trade in slaves, and the transferring of slavery. As for want of application properly to a court of justice; a common servant may be corrected

ticularly, stiled many nations, whose customs, are most closely connected: municipal laws, generally considered, were far more justifiable strictly, are those confined to a particular place; and commendable than their own :) unfortu-political, are those in which the municipal laws nately, from calling them barbarians, we are of many states may and do concur. The relaapt to think them so, and draw conclusions ac- tion of husband and wife, I think myself warcordingly. 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 bave 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 and 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 cunstances to serve. Let me take notice, neis ther 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 limits 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 action there is, the writ Per Quod Servitium 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 advantage, inutuality 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 coming ning of his speech, as of great importance; hither; which, as not incompatible, but agree- it is indeed so; but not for those reasons prining with our laws, may justly subsist here: Icipally assigned by him. I apprehend, my think, I might say, must necessarily subsist, lord, the honour of England, the honour of

the laws of every Englishman, bere 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 bas 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. I 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. Dunning 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