Considerations on the Negroe Cause Commonly So Called, Addressed to the Right Honourable Lord Mansfield |
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Considerations on the Negroe Cause Commonly So Called, Addressed to the ... Samuel Estwick No preview available - 2015 |
Common terms and phrases
abſolutely acts of parliament alſo America anſwer argument becauſe beſt cafe caſe caſtles cauſe Chancellour charter colonies conclufion condition of Negroes Confiderations conſequences conſtitution counſel courſe Court of King's deciſions diftinguiſh diſpoſed enacted England Engliſh eſtabliſh exiſtence expreſſed faid fame fatisfaction firſt flave flavery of Negroes fome fuch groes Habeas Corpus Hardwicke Hargrave inſtance Iſland itſelf judgment kingdom land laws of England laws of villenage leaſt leſs Lord Lordſhip matter meaſure ment moſt muſt nature neceſſary obſervation occafion opinion perſon perty plantations preſent principles purchaſed purpoſe queſtion reaſon reſpect reſt Royal African company ſaid ſame ſay ſeeing ſeem ſervant ſerve ſervice ſeveral ſhall ſhew ſhip ſhould Sir Philip York ſituation ſlave ſome Somerset ſpeak ſpecies ſtand ſtate and condition ſtatute Steuart ſubject ſuch ſuggeſted ſupplied ſupport ſuppoſe Talbot theſe thoſe laws tion trade to Africa Trover uſe veſted villein villenage whoſe writ of Habeas
Popular passages
Page 78 - I am apt to suspect the negroes, and in general all the other species of men (for there are four or five different kinds) to be naturally inferior to the whites. There never was a civilized nation of any other complexion than white, nor even any individual eminent either in action or speculation.
Page 65 - But if the Parliament will positively enact a thing to be done which is unreasonable, I know of no power in the ordinary forms of the constitution that is vested with authority to control it : and the examples usually alleged in support of this sense of the rule do none of them prove that where the main object of a statute is unreasonable the judges are at liberty...
Page 49 - An Englishman who removes to France, or to China, owes the same allegiance to the king of England there as at home, and twenty years hence as well as now. For it is a principle of...
Page x - The state of slavery is of such a nature, that it is incapable of being now introduced by courts of justice upon mere reasoning, or inferences from any principles natural or political; it must take its rise from positive law, the origin of it can in no country or age be traced back to any other source. Immemorial usage preserves the memory of positive law long after all traces of the...
Page 63 - that a slave by coming from the West Indies, either with or without his master, to Great " Britain or Ireland, doth not become free, and that his master's property or right in him " is not thereby determined or varied ; and baptism doth not bestow freedom on him, nor " make any alteration in his temporal condition in these kingdoms.
Page xi - Cafe fo odious as the condition of flaves muft be, taken ftriftly, the power claimed by this return was never in ufe here : no matter ever was allowed here to take a Have by force to be fold abroad becaufe he had deferted from his fervice, or for any other reafon whatever ; we cannot fay, the Caufe fet forth by this return is allowed or approved of by the laws of this kingdom, and therefore the man muft be difcharged.
Page x - ... or inferences from any principles natural or political; it must take its rise from positive law, the origin of it can in no country or age be traced back to any other source. Immemorial usage preserves the memory of positive law long after all traces of the occasion, reason, authority, and time of its introduction, are lost, and in A CASE SO ODIOUS AS THE CONDITION OF SLAVES MUST BE TAKEN STRICTLY.
Page 79 - In JAMAICA indeed they talk of one negroe as a man of parts and learning; but 'tis likely he is admired for very slender accomplishments like a parrot, who speaks a few words plainly.
Page viii - ... to the following effect: he faid, that trover would lay for a negro flave: that a notion prevailed, that if a flave came into England, or became a Chriftian, he there became emancipated; but there was no foundation in law for fuch 3.
Page ix - England; whereupon, by his ynafter's orders, he was put on board the fhip by force, and there detained in fecure cuftody, to be carried out of the kingdom and fold.