The History of the Rise, Progress and Accomplishment of the Abolition of the African Slave Trade by the British Parliament (1808), Volume I by Thomas Clarkson
page 46 of 333 (13%)
page 46 of 333 (13%)
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Downs, and had actually got under weigh for the West Indies. In two or
three hours she would have been out of sight; but just at this critical moment the writ of habeas corpus was carried on board. The officer, who served it on the captain, saw the miserable African chained to the mainmast, bathed in tears, and casting a last mournful look on the land of freedom, which was fast receding from his sight. The captain, on receiving the writ, became outrageous; but, knowing the serious consequences of resisting the law of the land, he gave up his prisoner, whom the officer carried safe, but now crying for joy, to the shore. But though the injured Africans, whose causes had been tried, escaped slavery, and though many, who had been forcibly carried into dungeons, ready to be transported into the Colonies, had been delivered out of them. Mr. Sharp was not easy in his mind. Not one of the cases had yet been pleaded on the broad ground, "Whether an African slave coming into England became free?" This great question had been hitherto studiously avoided. It was still, therefore, left in doubt. Mr. Sharp was almost daily acting as if it had been determined, and as if he had been following the known law of the land. He wished therefore that the next cause might be argued upon this principle. Lord Mansfield too, who had been biassed by the opinion of York and Talbot, began to waver in consequence of the different pleadings he had heard on this subject. He saw also no end of trials like these, till the law should be ascertained, and he was anxious for a decision on the same basis as Mr. Sharp. In this situation the following case offered, which was agreed upon for the determination of this important question. James Somerset, an African slave, had been brought to England by his master, Charles Stewart, in November 1769. Somerset, in process of time, left him. Stewart took an opportunity of seizing him, and had him conveyed on board the Ann and Mary, captain Knowles, to be carried out of the |
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