The Judgment of the Right Hon. Lord Stowell, Respecting the Slavery of the Mongrel Woman, Grace, on an Appeal from the Vice-Admiralty Court of Antigua, Michealmas Term, 1827

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W. Benning, 1827 - Počet stran: 49
 

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Strana 37 - England, in the opinion of all the Judges ; and it is only by virtue of his pre-existing state of slavery, that he became subject to be returned into it again, until his manumission. The four Judges all concur in this — that he was a slave in Grenada, though a freeman in England ; and he would have continued a freeman in all other parts of the world excepting Grenada. I have been the more particular in stating this case, because I do...
Strana 18 - ... said, he had known five cases so terminated out of six ; but the parties were firm to their purpose in obtaining a judgment, and Lord Mansfield was at last compelled after a delay of three terms to pronounce a sentence, which, followed by a silent concurrence of the other judges, discharged this negro ; thereby establishing that the owners of slaves had no authority or control over them in England, nor any power of sending them back to the colonies.
Strana 20 - I observe, that ancient custom is generally recognized as a just foundation of all law — that villanage of both kinds, which is said by some to be the prototype of slavery, had no other origin than ancient custom ; that a great part of the common law itself, in all its relations, has little other foundation than the same custom ; and that the practice of slavery, as it exists in Antigua, and several other of our colonies, though regulated by law, has been in many instances founded upon a similar...
Strana 29 - I" and this has been applied as a maxim that ought to govern in the case of negro slavery. Now if this negro slavery was an exact transcript of the ancient...
Strana 44 - But slavery was a very favoured introduction into the colonies ; it was deemed a great source of the mercantile interest of the country, and was, on that account, largely considered by the mother country as a great source of its wealth and strength. Treaties were made on that account, and the colonies compelled to submit to those treaties by the authority of this country.
Strana 20 - ... point. It is not necessary for me to relate the systems which had given way of villenage, pure or privileged, to which this species of slavery was compared, though dissimilar enough in very many respects, as is admitted by most writers on the subject, and amongst other persons by the Advocate-General of Antigua, who, adverting to the general system of villenage, ventures very truly to say, "to which colonial slavery may be supposed to bear some analogy in the absence of more conclusive authority.
Strana 36 - The man was clearly entitled to his freedom when he first engaged into the service of the ship in London, although a runaway ; at least, if there be any truth in these expressions — " that as soon as a man sets his foot in England — if he breathes the air of England — he is free without any further ceremony;" and it cannot be denied to him, although a runaway, as observed by lord Alvanley, that this runaway was as free as any of us in England. But it appears that this runaway negro was, to...
Strana 14 - It would, in fact, amount to a disclaimer of any preexisting freedom. It is a process very fit for the emancipation of a slave, but surely could never be recommended to a person already in possession of a state of liberty freely and fairly acquired. There is no statute whatever...
Strana 16 - H 4 / •' and continues no longer than the period of such residence. The person who is a freeman in England returns to slavery in Antigua ; that is the whole question in the cause : if to be decided in favour of this female, she has a right to maintain this cause and to claim a judgment ; but if, on the contrary, her freedom ceased with her residence in England, she has no right to claim it, and, consequently, nopowerof maintaining the present suit.
Strana 27 - ... solemn assurances of law, such as pledging him, or selling him for the payment of the owner's debts, or making any other use of him that the law warranted. Such rights could not be extinguished by mere silence, or by this country's declining to act in such a conveyance. There is nothing that makes a liberation from slavery; he goes back to a place where slavery awaits him, and where experience has taught him that slavery is not to be avoided. Slaves have come into this island and passed out of...

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