urred, 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 vessel 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
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