The History of the Abolition of African Slave-Trade by the British Parliament. Thomas Clarkson
he had quitted the room, and said aloud, "Then I now seize him as my slave." Upon this Mr. Sharp put his hand upon Laird's shoulder, and pronounced these words: "I charge you, in the name of the king, with an assault upon the person of Jonathan Strong, and all these are my witnesses." Laird was greatly intimidated by this charge, made in the presence of the lord mayor and others, and, fearing a prosecution, let his prisoner go, leaving him to be conveyed away by Mr. Sharp.
Mr. Sharp having been greatly affected by this case, and foreseeing how much he might be engaged in others of a similar nature, thought it time that the law of the land should be known upon this subject: he applied, therefore, to Dr. Blackstone, afterwards Judge Blackstone, for his opinion upon it. He was, however, not satisfied with it when he received it; nor could he obtain any satisfactory answer from several other lawyers, to whom he afterwards applied. The truth is that the opinion of York and Talbot, which had been made public and acted upon by the planters, merchants, and others, was considered of high authority, and scarcely any one dared to question the legality of it. In this situation Mr. Sharp saw no means of help but in his own industry, and he determined immediately to give up two or three years to the study of the English law, that he might the better advocate the cause of these miserable people. The result of these studies was the publication of a book in the year 1769, which he called, A Representation of the Injustice and Dangerous Tendency of Tolerating Slavery in England. In this work he refuted, in the clearest manner, the opinion of York and Talbot: he produced against it the opinion of the Lord Chief Justice Holt, who, many years before, had determined that every slave coming into England became free: he attacked and refuted it again by a learned and laborious inquiry into all the principles of Villenage. He refuted it again by showing it to be an axiom in the British constitution, "That every man in England was free to sue for and defend his rights, and that force could not be used without a legal process," leaving it to the judges to determine whether an African was a man. He attacked also the opinion of Judge Blackstone, and showed where his error lay. This valuable book, containing these and other kinds of arguments on the subject, he distributed, but particularly among the lawyers, giving them an opportunity of refuting or acknowledging the doctrines it contained.
While Mr. Sharp was engaged in this work, another case offered, in which he took a part: this was in the year 1768. Hylas, an African slave, prosecuted a person of the name of Newton for having kidnapped his wife, and sent her to the West Indies. The result of the trial was, that damages to the amount of a shilling were given, and the defendant was bound to bring back the woman, either by the first ship, or in six months from this decision of the court.
But soon after the work just mentioned was out, and when Mr. Sharp was better prepared, a third case occurred: this happened in the year 1770. Robert Stapylton, who lived at Chelsea, in conjunction with John Malony and Edward Armstrong, two watermen, seized the person of Thomas Lewis, an African slave, in a dark night, and dragged him to a boat lying in the Thames; they then gagged him and tied him with a cord, and rowed him down to a ship, and put him on board to be sold as a slave in Jamaica. This base action took place near the garden of Mrs. Banks, the mother of the late Sir Joseph Banks. Lewis, it appears, on being seized, screamed violently. The servants of Mrs. Banks, who heard his cries, ran to his assistance, but the boat was gone. On informing their mistress of what had happened, she sent for Mr. Sharp, who began now to be known as the friend of the helpless Africans, and professed her willingness to incur the expense of bringing the delinquents to justice. Mr. Sharp, with some difficulty, procured a habeas corpus, in consequence of which Lewis was brought from Gravesend just as the vessel was on the point of sailing. An action was then commenced against Stapylton, who defended himself on the plea, "That Lewis belonged to him as his slave." In the course of the trial, Mr. Dunning, who was counsel for Lewis, paid Mr. Sharp a handsome compliment; for he held in his hand Mr. Sharp's book, on the Injustice and Dangerous Tendency of Tolerating Slavery in England, while he was pleading; and in his address to the jury he spoke and acted thus: — "I shall submit to you," says Mr. Dunning, "what my ideas are upon such evidence, reserving to myself an opportunity of discussing it more particularly, and reserving to myself a right to insist upon a position, which I will maintain (and here he held up the book to the notice of those present,) in any place and in any court of the kingdom, that our laws admit of no such property1." The result of the trial was, that the jury pronounced the plaintiff not to have been the property of the defendant, several of them crying out, "No property, no property."
After this one or two other trials came on, in which the oppressor was defeated, and several cases occurred in which poor slaves were liberated from the holds of vessels and other places of confinement, by the exertions of Mr. Sharp. One of these cases was singular. The vessels on board which a poor African had been dragged and confined, had reached the 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 kingdom and sold as a slave in Jamaica: the question was, "Whether a slave, by coming into England, became free?"
In order that time might be given for ascertaining the law fully on this head, the case was argued at three different sittings. First, in January, 1772; secondly, in February, 1772; and thirdly, in May, 1772. And that no decision otherwise than what the law warranted might be given, the opinion of the judges was taken upon the pleadings. The great and glorious result of the trial was, "That as soon as ever any slave set his foot upon English territory, he became free."
Thus ended the great case of Somerset, which, having, been determined after so deliberate an investigation of the law, can never be reversed while the British Constitution remains. The eloquence displayed in it by those who were engaged on the side of liberty, was perhaps never exceeded on any occasion; and the names of the counsellors Davy, Glynn, Hargrave, Mansfield, and Alleyne, ought always to be remembered with gratitude by the friends of this great cause. For when we consider in how many crowded courts they pleaded, and the number of individuals in these, whose minds they enlightened, and whose hearts they interested in the subject, they are certainly to be put down as no small instruments in the promotion of it; but chiefly to him, under Divine Providence, are we to give the praise, who became the first great actor in it, who devoted his time, his talents, and his substance to this Christian undertaking, and by whose laborious researches the very pleaders themselves were instructed and benefited. By means of his almost incessant vigilance and attention, and unwearied efforts, the poor African ceased to be hunted in our streets as a beast of prey. Miserable as the roof might be, under which he slept, he slept in security. He walked by the side of the stately ship, and he feared no dungeon in her hold. Nor ought we, as Englishmen, to be less grateful to this distinguished individual than the African ought to