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 |
Considerations on the Negroe Cause Commonly So Called, Addressed to the ... Samuel Estwick No preview available - 2018 |
Common terms and phrases
acts of parliament alfo America anſwer argument beafts becauſe beſt cafe caſe caufe Chancellour charter circumftances colonies common law conclufion condition of Negroes confequences Confiderations counſel courſe cuſtom decifion diftinction diftinguiſh enacted England eſtabliſh exiſtence faid fame fatisfaction fervant ferve fervice fhall fhew fhould firſt fituation flavery of Negroes flaves fome fpecies ftate ftatute fubject fuch fupport groes Habeas Corpus Hardwicke himſelf iſland itſelf judgment kingdom land lative laws of England laws of flavery laws of villenage lefs Legiſlature Lord Lord Hardwicke Lordship maſter matter meaſure ment moſt muft muſt nature neceffary obfervation occafion opinion otherwiſe perfon plantations pofitive prefent purchaſed purpoſe queſtion reaſon refpect reft royal African company ſaid ſeem ſhall Sir Philip York Somerſet ſtate ſtate and condition Steuart ſuch ſuppoſe Talbot thefe themſelves theſe thofe thoſe thouſand tion trade to Africa Trover univerfally uſe vefted Villein 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.