evious, been held in bondage
without law.

But the presumption is, that, even after this statute was passed in
1750, if the slave trader's _right of property_ in the slave he was
bringing to America, could have been brought before an English court for
adjudication, the same principles would have been held to apply to it,
as would have applied to a case arising within the island of Great
Britain. And it must therefore always have been held by English courts,
(in consistency with the decision in Somerset's case,) that the slave
trader had no legal ownership of his slave. And if the slave trader had
no legal right of property in his slave, he could transfer no legal
right of property to a purchaser in the colonies. Consequently the
slavery of those that were brought into the colonies after the statute
of 1750, was equally illegal with that of those who had been brought in
before.[8]

The conclusion of the whole matter is, that until some reason appears
against them, we are bound by the decision of the King's bench in 1772,
and the colonial charters. That decision declared that there was, at
that time, in England, no right of property in man, (notwithstanding
the English government had for a long time connived at the slave
trade.)--The colonial charters required the legislation of the colonies
to be consonant to reason, and not repugnant or contrary, but
conformable, or agreeable, as nearly as circumstances would allow, to
the laws, statutes and rights of the realm of England. That decision,
then, if correct, settled the law both for England and the colonies. And
if so, there was no _constitutional_ slavery in the colonies up to the
time of the revolution.

[Footnote 4: The second charter to Virginia (1609) grants the power of
making "orders, ordinances, constitutions, directions and instructions,"
"so always as the said statutes, ordinances and proceedings, as near as
conveniently may be, be agreeable to the laws, statutes, government and
policy of this our realm of England."

The third charter (1611-12) gave to the "General Court" "power and
authority" to "make laws and ordinances" "so always as the same be not
contrary to the laws and statutes of our realm of England."

The first charter to Carolina, (including both North and South
Carolina,) dated 1663, authorized the making of laws under this
proviso--"Provided nevertheless, that the said laws be consonant to
reason, and as near as may be conveniently, agreeable