Thoughts on the Necessity of Improving the Condition of the Slaves in the British Colonies - With a View to Their Ultimate Emancipation; and on the Practicability, the Safety, and the Advantages of the Latter Measure. by Thomas Clarkson
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page 24 of 92 (26%)
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exception, unlawfully held in bondage. There is no master, who has a
legal title to any of them. This assertion may appear strange and extravagant to many; but it does not follow on that account that it is the less true. It is an assertion, which has been made by a West Indian proprietor himself. Mr. Steele[4], before quoted, furnishes us with what passed at the meeting of the Society of Arts in Barbadoes at their committee-room in August 1785, when the following question was in the order of the day: "Is there any law written, or printed, by which a proprietor can prove his title to his slave under or conformable to the laws of England?" And "Why, (immediately said one of the members,) why conformable to the laws of England? Will not the courts in England admit such proof as is authorized by _our slave laws_?"--"I apprehend not, (answered a second,) unless we can show that _our slave laws_ (according to the limitations of the charter) are _not_ repugnant to the laws of England."--The same gentleman resumed: "Does the original purchaser of an African slave in this island obtain any legal title from the merchant or importer of slaves--and of what nature? Does it set forth any title of propriety, agreeable to the laws of England (or even to the laws of nations) to be in the importer more than what depends upon his simple averment? And have not free Negroes been at sundry times trepanned by such dealers, and been brought contrary to the laws of nations, and sold here as slaves?"--"There is no doubt, (observed a third,) but such villainous actions have been done by worthless people: however, though an honest and unsuspicious man may be deceived in buying a stolen horse, it does not follow that he may not have a fair and just title to a horse or any thing else bought in an open and legal market; but according to the obligation _of being not repugnant to the laws of England_, I do not see how _we can have any title to our slaves_ likely to be supported by the laws of England." In fact, the Colonial system is an excrescence upon the English Constitution, and is constantly at variance with it. |
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