The History of the Abolition of African Slave-Trade by the British Parliament. Thomas Clarkson
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The planters, merchants, and others, being thus circumstanced, knew not what to do. They were afraid of taking their slaves away by force, and they were equally afraid of bringing any of the cases before a public court. In this dilemma, in 1729, they applied to York and Talbot, the attorney and solicitor-general for the time being, and obtained the following strange opinion from them: — "We are of opinion, that a slave by coming from the West Indies into Great Britain or Ireland, either with or without his master, does not become free, and that his master's right and property in him is not thereby determined or varied, and that baptism doth not bestow freedom on him, nor make any alteration in his temporal condition in these kingdoms. We are also of opinion, that the master may legally compel him to return again to the plantations."
This cruel and illegal opinion was delivered in the year 1729. The planters, merchants, and others, gave it of course all the publicity in their power. And the consequences were as might easily have been apprehended. In a little time slaves absconding were advertised in the London papers as runaways, and rewards offered for the apprehension of them, in the same brutal manner as we find them advertised in the land of slavery. They were advertised also, in the same papers, to be sold by auction, sometimes by themselves, and at others with horses, chaises, and harness? They were seized also by their masters, or by persons employed by them, in the very streets, and dragged from thence to the ships; and so unprotected now were these poor slaves, that persons in nowise concerned with them began to institute a trade in their persons, making agreements with captains of ships going to the West Indies to put them on board at a certain price. This last instance shows how far human nature is capable of going, and is an answer to those persons who have denied that kidnapping in Africa was a source of supplying the Slave Trade. It shows, as all history does from the time of Joseph, that where there is a market for the persons of human beings, all kinds of enormities will be practised to obtain them.
These circumstances then, as I observed before, did not fail of producing new coadjutors in the cause. And first they produced that able and indefatigable advocate, Mr. Granville Sharp. This gentleman is to be distinguished from those who preceded him by this particular, that, whereas these were only writers, he was both a writer and an actor in the cause. In fact, he was the first labourer in it in England. By the words "actor" and "labourer," I mean that he determined upon a plan of action in behalf of the oppressed Africans, to the accomplishment of which he devoted a considerable portion of his time, talents, and substance. What Mr. Sharp has done to merit the title of coadjutor in this high sense, I shall now explain. The following is a short history of the beginning and of the course of his labours: —
In the year 1765, Mr. David Lisle had brought over from Barbados Jonathan Strong, an African slave, as his servant. He used the latter in a barbarous manner at his lodgings in Wapping, but particularly by beating him over the head with a pistol, which occasioned his head to swell. When the swelling went down, a disorder fell into his eyes, which threatened the loss of them. To this an ague and fever succeeded, and a lameness in both his legs.
Jonathan Strong, having been brought into this deplorable situation, and being therefore wholly useless, was left by his master to go whither he pleased. He applied accordingly to Mr. William Sharp, the surgeon, for his advice, as to one who gave up a portion of his time to the healing of the diseases of the poor. It was here that Mr. Granville Sharp, the brother of the former, saw him. Suffice it to say, that in process of time he was cured. During this time Mr. Granville Sharp, pitying his hard case, supplied him with money, and he afterwards got him a situation in the family of Mr. Brown, an apothecary, to carry out medicines.
In this new situation, when Strong had become healthy and robust in his appearance, his master happened to see him. The latter immediately formed the design of possessing him again. According, when he had found out his residence, he procured John Ross, keeper of the Poultry-counter, and William Miller, an officer under the Lord Mayor, to kidnap him. This was done by sending for him to a public-house in Fenchurch-street, and then seizing him. By these he was conveyed, without any warrant, to the Poultry-counter, where he was sold by his master, to John Kerr, for thirty pounds.
Strong, in this situation, sent, as was usual, to his godfathers, John London and Stephen Nail, for their protections. They went, but were refused admittance to him. At length he sent for Mr. Granville Sharp: the latter went, but they still refused access to the prisoner. He insisted, however, upon seeing him, and charged the keeper of the prison at his peril to deliver him up, till he had been carried before a magistrate.
Mr. Sharp, immediately upon this, waited upon Sir Robert Kite, the then lord mayor, and entreated him to send for Strong and to hear his case. A day was accordingly appointed. Mr. Sharp attended, and also William McBean, a notary public, and David Laird, captain of the ship Thames, which was to have conveyed Strong to Jamaica, in behalf of the purchaser, John Kerr. A long conversation ensued, in which the opinion of York and Talbot was quoted. Mr. Sharp made his observations. Certain lawyers who were present seemed to be staggered at the case, but inclined rather to recommit the prisoner: the lord mayor, however, discharged Strong, as he had been taken up without a warrant.
As soon as this determination was made known, the parties began to move off. Captain Laird, however, who kept close to Strong, laid hold of him before he had quitted the room, and said aloud, "Then I now seize him as my slave." Upon this Mr. Sharp put his hand upon Laird's shoulder, and pronounced these words: "I charge you, in the name of the king, with an assault upon the person of Jonathan Strong, and all these are my witnesses." Laird was greatly intimidated by this charge, made in the presence of the lord mayor and others, and, fearing a prosecution, let his prisoner go, leaving him to be conveyed away by Mr. Sharp.
Mr. Sharp having been greatly affected by this case, and foreseeing how much he might be engaged in others of a similar nature, thought it time that the law of the land should be known upon this subject: he applied, therefore, to Dr. Blackstone, afterwards Judge Blackstone, for his opinion upon it. He was, however, not satisfied with it when he received it; nor could he obtain any satisfactory answer from several other lawyers, to whom he afterwards applied. The truth is that the opinion of York and Talbot, which had been made public and acted upon by the planters, merchants, and others, was considered of high authority, and scarcely any one dared to question the legality of it. In this situation Mr. Sharp saw no means of help but in his own industry, and he determined immediately to give up two or three years to the study of the English law, that he might the better advocate the cause of these miserable people. The result of these studies was the publication of a book in the year 1769, which he called, A Representation of the Injustice and Dangerous Tendency of Tolerating Slavery in England. In this work he refuted, in the clearest manner, the opinion of York and Talbot: he produced against it the opinion of the Lord Chief Justice Holt, who, many years before, had determined that every slave coming into England became free: he attacked and refuted it again by a learned and laborious inquiry into all the principles of Villenage. He refuted it again by showing it to be an axiom in the British constitution, "That every man in England was free to sue for and defend his rights, and that force could not be used without a legal process," leaving it to the judges to determine whether an African was a man. He attacked also the opinion of Judge Blackstone, and showed where his error lay. This valuable book, containing these and other kinds of arguments on the subject, he distributed, but particularly among the lawyers, giving them an opportunity of refuting or acknowledging the doctrines it contained.
While Mr. Sharp was engaged in this work, another case offered, in which he took a part: this was in the year 1768. Hylas, an African slave, prosecuted a person of the name of Newton for having kidnapped his wife, and sent her to the West Indies. The result of the trial was, that damages to the amount of a shilling were given, and the defendant was bound to bring back the woman, either by the first ship, or in six months from this decision of the court.
But soon after the work just mentioned was out, and when Mr. Sharp was better prepared, a third case