|
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rY~=.
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[P j1CIE ON E SHLLf-N'G-4J*
i-wc *-T~
L E T
To -
PHILO AFRICANU b,
UPON S L AVE R t
In
A N S W E R
TO 1HI OF THE 22d OP NOVEMUIItP
IN THE GENERAL EVENING POST;
TOGETHEt WITH THE
O P I N I ONS O F
SIR JOHN STRANGE,
AND OTHER
EMINENT LAWYERS UPON THIS -BtJECT.
WITH THE
SENTENCE OF LORD MANSFtELD,
IN THE CASE OF SO.MERSET AND KNOWLES, 1771,
WITH HIs
LODSmi57 EXPL.ANATIDN OF THAT OPINION IN iM36.
LONDON:
LJINTED FOR W. BaOWr;, uCOaI2ELLER, CORItEa 0
ISSIX-JTIEET, STRAND.
3 JCC LLur IlI.
'r So to
(lJle, which may berak ta conpaffion of.
4-
ifew bricf rmakzsg is";a
1 afre thst yM fU -a tI the
W to t I iftc 6 ge M"Mof
ftyle, which may befpcaL Ae companion of
your readers; bct ta bcf L s cf fuch mag-
nitude are brouag hbee th pubic, where-
jn to many individuals ae materially inte-
ftii"t3 s nid even the nxtso itfk!f may be
B involved
[C ]
involved in the event, they ought to bc
fairly and difpafionately difcuffed.
The abolition of the flave-trade, and the
confequences attending it, which would
evidently be the breaking up of the Britifh
fugar colonies, and the total ruin of a mul-
titude of innocent families, is not a little
thing. Neither are a few exaggerated tales
told by mariners, or others, who probably
may not be competent judges of the polity
of the princes of Africa or the default of
thofe towns which you mention, on which
the depredations fall: or is an instance or
two of fuch inhuman maflers as Macma-
hon, if they are true, futlicient to fund a
law upon to abolish this trade.
There are various ways which fupply the
markets in Africa with laves; but the con-
vits, which you feem to think the princi-
pal support of the trade, ate very few, com-
pared with others that are brought t>
market.
The flaves fold from the eflatcs cf the
grandees, whofe fole property they are, as
much
[3]
much as other (lock upon th:ir plantations,
or as much fo as an Englifh farmer by the
law of England is enti:ial to the flock upon
his estate, amot:it to a great number; but
the principal fouice of the flare trade are
the captives taken i war, which is indeed
often kindled by thbo tyraniail princes
upon mall occafion-, but generally arises
from rebellion or default in the payment of
tribute.
WWl ii W t is conqacrSd thr become
tritiay to the conqueror, and upon failure
in the payment, the war is renewed, and
thcajpi p .either fide arec g9dc-J p4
but -'eemnly this piatice is -not- founded
upon their commerce with Europeans, as
is often fuggefted by thofe who cenfure the
trade. It was the common ufage very many
ages before the Europeans had any inter-
cpurfe'with Africa: the fates of qacgt g,
at a very early time, after they grcw.'potwr-
fel, obliged fome African princes to pay
them tribute, which was one force they
had to get flaves; but the great commerce
thit the Carthagenians, Numidians, the
Mauritaniars, and others, who occupied the.
B 2 northern
[41
northern coafts of Africa carried on with
the Lybians or Nigritians, a people who
inhabited the interior country that we now
call Negroland, was the fountain from
whence sprung the multitude of blacks.
which recmited their armies, and served for
labourers and all fervile purposes as well as
commerce s appeals by the fragments of
ancient hifie'*ij
But in regard td tfi custom of lSiisg
and carrying off inhabitants for default in
the payment of tribute, we have a very early
instance from divine revelation.-Several na,
tibns of the African race, who held territo-
ries in Arabia, were tributary to the king of
Elam, and paid him tribute regular for a
number of years, and then rebelled againft
him: -upon which Chedbrtaoa, tl king
of Elat' o. Perfia, went out to war against
them, and fubdued them, and was carrying
off his booty, of which the principal part
was captives, vwen the patriarch ,
with hi4 i 4in .4 -t S--b this
expedi-
Se e the ntient history of Numidiat tih Nigritic, :he
Getulinia, the Melano Octalians, &c.
Is]
expedition was bt dc lua l .incd fe-
venry fev yew au er the food -
Mr. Clrkfan, a l t witer en t/ coes
mere adi fLwv f tke bhoms jfpcies, cites
Honm to prove that the flave tlde was in
practice in Egypt and Cyprus -ft oag ago
as the Trojan war; but he might have af-
certained this fat upon much higher author
rity, and done more than hinted that Homer
.coincided with fcriptur in this point. Slaves
a cprdefsly mentioned as a part of the
trace of antient Babylon '; -they are alfo
mentined as part of the trade of Tyre ,
and of Haran, a city of Babylon, built by
i inrd f it.Rin angy other pe. ;eas 'ill
appear heeaftcrw tf we trace itfturther,
we hall find that it was not only in prac-
tice among the heathen nations, but uni-
verfally to among the worshippers of the
true God. Abraham and Lot got flaves in
Hiaril-. whn they, ve fi oingtg;Qaan 4.
Thdc fftpture t aills thie ifhis
got in Hlaran; but if they were not flaves,
then
'Gsa. iv. 4, a6. t Rev. Xviii. 13. Eick. xxvii. 13.
II G aa., 4. s Gen. so. and ELs4. xxvii. 2,
4 Gen.xii. 4;
[6
then Bilhop Patrick, Dr. Whitby, andt -m
ny other learned divines have !een nmittak'n
in their c'3rmait upon thip .ma if
Abraham's ferannts, of ,vh: n-td t at
multitude, were not 13a :r fran'ge
that they flioul be Czar- i.aac's
inheri ance whe~ he wps afeTc .nifge
to Rbct i: a e toki. Capredsly,
that Phqrath iJg m of thc.Egyptians, and
Abim3Iekh, king' o9fl- ere ,rofthe.
tios, both braiiches of Hami's family, gave
Abraham fhecp and oxen, and men fcrvants
and woinen fervants -~ and I believe no
body will doubt of thofe prefeats being the
property of the king's vho beftowed them
upon Abraham. Hagar who was allf an
Egyptian, is exprefsly called the houd eid or
lave of Sarab4, Qver'whqo A4ara tells
her Ite had abl lute poWer and'when the
runaggwy from her miftrcs,% the aelof the
Lord met her, and f[ad to her, Hagar, return to
tly miflrtj and fibmkt lfi f unto bher The
ieripture infos W t hat lfag hIrSg tre
of
Grn. xxiv. t+ Gep. xui. 4. aId 14.
1 Gen. xvi. 6, 9. This addmnaition, accaiog to ,Mr.
Shi wis u mt ftimfl n aId erisfIrrrab gof tAt An Gid.
Se hLis jaft limiuciun of flavery, page 53.
[ 7 1
171
of fervants, sh 4 hreas rmind ea j& Phi-
Ifyias: whi d d i in lavi *. When
Jacob qst his hip r Efau, he ordered
meffi gr rg g rward to greet him, as4
p-cfs l m- ts accept of a preflnt of any
tig.beaid, and thus enumerates his fub-
t I ofojaurned owith 4f4it a .u
ampferofd of oxrn and oes, an m'' 'fer
and rt:d fcrr't' -:-. When Jofeph was
car-. :-o E'gpt, flaves were bought and
fotlc .... :- cpen market, which Mr. Clark-
f M4il h. When Mofes was going out
OF Egypt with the Iraelite, it plainly ap-
pear: :it f !'.'-es were then bought and fold
~i~fjc ^ic^s t e Ihfradtsgw ^ wed
w~' Mofes farmed -hics ce of Faws for the
Iflaelices. he exprefily points out a people
of the Lt I_- family, from whom he direct
them to buy their hereditary slaves; and
amq th ie me laws, inftituti tes gmolt
If t i invances from divine writ need
ct:orrUOJora-iol of profane history, I re-
commend
x. wxtL :.. t Cin. xxxii. 1. f Ga. 0cxxxvii. 7,
st. '-B i. g t . L i:. tnX. 44, 4. 44 E d. l
shaptc:, &c.
commend the reader to the various relations
of the ancient flave feafts, namely the Sacia,
the Saturnalia, &c. among the Babylonians,
the Affyrians, the Greeks, the Romans, &c.
From thefe general hints, which the li-
mits of this letter will not admit of enlarg-
ing, we may fairly infer, that the traffic in
flaves is of very early date, and that it was
considered as a legal commerce under the
law of Mofes. And if we trace it further
with an unbiaffed mind, we fall find that
it was not abolished under the gospel ; but,
on the contrary, St. Paul frequently ex-
horts fervants in their duty to their masters,
in thefe words. Ser-cant obey your ma/lers
according to ti.hefib, and not withb ey.frvice'.
Servntas be obedient io your arMers according
to tbe flef, Cc, f- Let eery man aSde in tbe
fame calling wherein he is calkd Let as
many as are under the yoke cowit their owcn
:,/crs wwor'ty of atll hour |1. In his epiftle
to Titus he fays, Exhort .jies-r4: t be-
dient unto their mafjers, and pleafe them rwll
SCol. iii. :2. Eph. vi. 5g 7. Cor. vi.
o0. 0 Tim. vi. i.
19]
:ut adi ttir', ft aitcering again, and not
'pi-rwi'., hat j.-wing all good fjlik y *.
Sfromnt be fltidI to your marlers witb all
fear, z:,: -iy to the goad and ge-tle, but dlr
t thre frf ardt. St. Paul mutually admo-
nilhcs mafters rcfpefting their duty to their
fqrvnts $: and he is fo explicit in both,
that it needs no comment; but he neer once
hints to his disciples that it is the duty of
Chriftians to emancipate their flaves.
The exhortations are contained in the
epiftles and diltomrfs WiLkh St. Paul ad-
dreffes to the people of the Greek cities and
hurchcs of Afia Minor, Greece and Mace-
4c:f ^Wt~a~s~qq~g" <^t E 1t-
_. -! lnict;
Titu ii. 9. T Per. il. IS.
tMofcr difttnguihei thore fervants who were considered as
an inhsitance, by the name of bondmen, and bcfor: Mofei'
tidp were s c h-d by that name. St. Paul calk them
W Bi r*".,- , M e tr,,1 S ,ad xjk5.
or fervait, wEOk & l^b 0. Cn a 'PeftMP-
lnmon' fir% rft; bui even Mr. Clskon allows that he was
Philucon'l flA.e The prophet Ezekiel calls thfc which
Wcr rfold with ricfTl of brafs at the market of Tyre, tbh
pr/:I e fs. St. John calls them rtedies, and fiair ,f
so&, amdl/'tvi. promifcuuafly. Gen. xxi. to. Levit. xxv.
44. Ezck- xivii. i. Tim. u'. 1. Rev. ri. i and Ysii.
I6. and xriii. 3.
[ 1o ]
nica,Corin'th, Achaia, Smyrna, Pontus, Ga-
latia, Phyrgia, Cappadocia, Bythinia, A-
thens, &c. where miffionaries were employed
to propagate chritianity, and where a mul-
titude of slaves were held as property. In
the little city of Athens only, they reckoned
no lefs than four hundred thousand flaves*,
who were treated in this city with rmore
humanity than in other places; yet by the
Greeks in general they were considered as an
inferior people, and by the Lacedemonians
in particular they were ufed with a feverity
offenfive to human nature. Ariltotle, as
Mr. Clarkfon remarks, advifed Alexander to
treat his Barbatki;s with ridgtirt ffiggeft-
ing that they could not bear gentle ufage,
but it is very evident that Ariftotle does not
peak of Greeks or Jews, but of the Afri-
can laves in Alexander's army; whom, ITay,
the Greeks looked upon in a very degraded
light, but not more fo, by calling them Bar-
barians, for even St. Paul frequently dif-
tinguilhes them by that appellation, which
looks as if that name was not a termwff re-
proach.
The
* Univerfial hifory, Vol. VI. p1ge 43.
[ 11 ]
The Lacedemonians began their com-
merce in lawes at a verr early period with
the MLrriaria. and other flames on the
northern coas of Africa, ho fprcad it all
over the Mediterranean, and many other
plaa and it continued among theCartha-
gedlans, the Aichicians, and theirfaccef-
fors, and is at this day in a flourifhing con-
dition in the ftatcs of Barbary, and in the
dominions of the kin. of Morocco, and all
over the empire of the grand Scignor.
Therefore if flavery should be abolished
by all the natio-'s in Europe, it is evident
that even that would not put. an end to its
and if it is annihilated in the Britifh domini-
ons only, it can anfwcr no other purpose, but
to ruin a great many unoffending families,
and to encreafe the fugar colonies of France,
Spain, Portugal, Holland, &c. upon the
downfall of ours. It ought to be confider-
ed'-foo, that ourflaven.tade it not of tiat
magnitude that is fuggefted by its oppofers,
and that it bears no proportion to that of
other nations. C loke tells us in the firft vo-
lupe of his voyages, page 30, among his re-
narhkiat Rio Janeiro, that in that province
C 3 alono
[ 12 ]
alone there were fix hundred and tventy-
nine thousand negroe faves belonging to the
Portugeze, which ,. ncar dLLble the number
that there is in all the l:itifh plantations;
others fay, thac'the Spanifh colonies re-
quire an annual fupply of'i'cvenry o:- eighty
thuuiind. but it i. an untoub'cd fad, that
the flaves imported into the Portugueze
colonies in America are more than double
of thofe imported into the Br*i plkanam-
tions. Cuthrie fays, they import about
fifty thoufrnd flaves annually into the Bra-
fils, and it is fuppofed that about wvcnty
thousand are imported annually into the
PFitifli colonies. The Portugueze having
their flaves at a l.wcr rate fro-n thcir Afii-
can colonies than thcEr,,nifh can get theirs,
may be the reason that their fugars are
cheaper; but I with I could impute it to
another caufe, which is fuggefted by fome,
naniely, That the Portugueze treat their/lavs
with more humanity than ciLer nations, and
therefore get more labour frpa a4j .
I should alfo be glad to have it fairly
pointed out, how Great Britain is to be
fgpplied with Welt India produce when this
scheme takes place, as it is nowr become a
neceffary
[ t; ]
ncciTary of life. \Vihzi arc we to flipu ite
wi:h fur thoie fopplies; and arc we fure
that we can pay for thim in the produce and
manufaidues of this country ? Shall we
fuffer nothing by having fcreral millions
consumed among foreigners which is now
fpent among ourselves ; and is it nat amat-
ter worthy of consideration, howr~fr-Aur
navy may be affected when this great branch
of trade is lopped off; which now returns
annually three or four millions fterling to
Great Britain. Or can there be many peo-
ple to visionary, as to think the projeCt of
Dean Tucker eligible, that is, of replacing
this trade by citablifhing fugar colonies
among- the natives of Africa, or going
to Cochin China for fugar. When this
fcheme takes place, it will be time to look
out for the accomplishment of the Dean's
prophecy, which he dcfires may never be
forgotten, and therefore I, for one, record
it, whith is as follows :
TVat in th. con:rfe of 4alf a century, Great
Britain and Ireland, and all Europe, if they
pleafr, mwy be fupplied with Il4t India pro-
dacj without slaves, without colonies, with-
out
1 4 ]
out grvternIn'!s, without forts or men of war,
and witiLut rfLiccrs and contracts *.
I know that the Dean, as well as Mr.
Ramrmay and fome others, who have wrote
upon this fubjec, are imprefed -with an
opinion, that the enlargement of flaves
would make the Weft-India produce come
cheaper to the consumer, and that negroes
in that condition would become more ufe-
ful to Great Britain, and more profitable
to the owners of plantations than they are
now; that they of course would get into
the habits of Europeans, and having fami-
lies of their own, would be encouraged to
do more labour. But experience informs
thofe who have made the trial, fo far as re-
fpe&s their having families, that-it has juft
the contrary effe&: that there is a greater
fuirplufage from the labour of one single man
in the courfe of the year, than from the la-
bour of another with the afliftance of a wife
;nd children, and that this is the general
observation. Therefore it is, as orrie of
you,
SDean Tucker's reflfeions on the matter in difptte b-
tctn Great Britain and Ireland 1785, page 17.
[ i5 1
you, gentlemen, remark, that the moit ava-
ricious planters always chure to buy a much
greater proportion of males for their plan-
tations; and that it falls mofily to the lot
of indigent planters to buy jfnmales. Still I
think this a great oppreffion, and requires
a better regulation, for I do not fee why a
negro flave should not have every comforfe
in human life that is confiftent with his
duty and the safety of his matter. But we
have no example of a body of negroes under
their owam g anment, or in a ftate of free-
doam, making a figue ia agriculture or ufe-
ful arts. If we look into Africa among their
countywma, we fall find nothing that fa-
vours thispsWl .I'. m If we habvereoure to
the Aifican ifland,- or other places, where
negroes form the community, we (hall find
a parcel of indol-nt, improvident miserable
wretches, who out of a ftate of warfare with
their neighbours, know not how to employ
their tuie. t we form our judgment by
the cuftomsand manners ofEmropeans, who
are bred up in different habits, and natural-
ly of a different bent of mind, the parallel will
not be juft. Several historians of good au-
thority inform us, that the natives of interior
Africa
Fr 6 1
Africa remain, in general, at this day, in the
fame rude fituarion that they were in two
thouthncd years igo ; that they have made
no progress in lfcence, and even in agricul-
fure they do no more than what is extorted
from them ; but trult to fpontancous fruits
and other adventitious supplies for their fup-
port ; thatin general they live prionifcuoully
with their women, and have nothing of ha-
manity abdut them but the form : and that
Wherever any civilization is fbitnd among
them upon the frontiers, it is owing to the
trade which you cenfure. If we look into the
deportment of negroes that have come more
within our own fphere of knowledge; who
have had opportunity of improving by the
customs of white people, wehall ftil perceive
the fame indolence and the fame improvi-
dence.
During the late war with America, rome
of the United States to the northward eman-
cipated their flames, and thle has bavhing
lived in thehabitofintdufty, d a 'fi fmane
masters, one would naturally think they
would be able to provide for themfclves
when they had their freedom but alk any
candid
[ '7 1
candid man fiom thit corutry, and he will
tell you, that more t.i>:n h. of them are
become vagabo-ds in iths :h-rt pace of
time, adi but vc;y tc.v u: thc.n are able to
provide for thmfelves. A fmnall colony of
negrtes, not lefs than four or five thousand,
were transported from the states of Aridta,
on the late peace, to Nova Scotia, who had
every privilege of Britilh fubjec&s; lands
aligned them for an inheritance; allowed
to chufe officers among themselves, and af-
fifted with rations from government; yet
now, in the courf: of a few years are dwind-
led away and coming to nothing.-It is well
known how the cidy of London, and the
country about it, was lately infefted with
American negroes. Now I appeal to any
gentlemen under whofe particular infpedion
they came, whether one in a hundred of
them would apply readily to labour; or
wasfit to take car -of hiwmfelf. Some in-
ftances came to my own knowledge of able
bodied negroe men that found employ in
the country; but never worked longer, than
till they got a little money in their pockets,
and4hen got off to fpend it, and never pro-
vided cloaths for winter, or fcarce enough
D to
[ i8 ]
to cover their nakednefs in summer; and
wherever they gained a settlement became a
burthen to the parifli.
If I have here given a true charafteriftick
of negroes, which I think is agreeable to
the general opinion of mankind who are
acquainted with them; then their enlarge-
mentwould not have the effect that you feem
to expect from it. But if you can make it
plainly appear, that it would be for the in-
tercft of proprietors to emancipate their
flaves, there would be no need of parlia-
mentary aid to accomplish your point, Or
could you prove what you affert, viz, that
their mrnanunifion would be of public uti-
lity, I have no doubt but administration
would find ways and means to raife four-
teen or fifteen millions flerling to compen-
fate the proprietors.
Still, if the object of your society is no-
thing more than the regulation of tho flve
trade, and to obtain an a; of parliament
for the express purpose of binding matters
and flaves in their duty to each other, I
iHould think that every man would unite to
promote
1[ 9 1
promote it: or, if this trade is as you af-
firm, contrary to all law bjuman and di-vine,
no man would oppose the annihilation of
it; but to make this appear, there muff be
something more than mere affertion; or
pervertion oftexts, or fupprefion of parts
of texts to ferve your purpose.
It has been too much the pra6cice of thofe
who have wrote on your fide the question,
in order to make their argument more fpe-
cious, to accommodate palTages of scripture
to their own convenience, and do not feem
to have to facred a regard to truth as they
ought to have, who profefs to write only to
ferve the cafe of humanity, and I am forry
to observe, that even Mr. Sharp, the prefi-
dent of your society, is not free from cen-
fure in this point. In his book, entitled,
Thejuft Limitations of Slavery, he is endea-
vouring to prove that this commerce is in-
compatible with the will of God; and in
one place cites a paffage from the 23d chapter
of Deuteronomy, the 14th and 15th verfes,
which he gives us in there words. That though
the Jews were permitted by the law of Mofjs
to keep laves, yet there was no inherent right
D2 of
[ 20 ]
f fervidc iimpl/'d from this permiffion ; becazuf
whenever the jlave could efcape, be was efteem-
edfree, and it was a/Jolutely unlawfiJ or any
man to deliver hint up again to his majler.
This is a Itrange doctrine for a legislature
to advance, who makes it death for any
man to teal or withhold a flave from his
lawful matter. But before we cenfure the
lawgiver for incoatiftency, let us examine
the text, and fec whether Mr. Sharp has
given us a juft interpretation of it. -Itis
the xitth verli that is alluded to; but it is
thus introduced in the 14th verfe. FortbeLord
tby God walheth in the midf of thy camp to
deliver thee, and give up thine enemies bejbre
thee. Then in the r 5th verfe are tliefe words.
Ihou fial nat deliver unto his majier, the fr-
rant whBicbh dcaps frm his after unto thee.
Now I think it mrnft appear plain to any
candid reader, that the text refers to fer-
vants that efeaped from the enemy, who
encompaffed Mofes's camp. It was good
policy, and agreeable to the cuflom of all
nations to fuccour dcfet er
In the appendix, page 22, Mr. Sharp fays,
that the Ifraelites were exprefsly permitted
by
[ 21 ]
by the law of Mofes to give a bill of divorce
to their wives, whenever they pkafed, and to
marry other women, and from hence con-
cludes, that the laws of Mofes are at eon-
filtent with natural equity. But this is not
a fair representation of the text which we
find in the firft verfe of the 24th of Deute-
ronomy, where we may fee that this law
does not allow of a divorce whenever the
husband pleaded; but only upon a breach
of the marriage covenant; to this is not
ff&rcicat to mark the law of Mofes with in-
jufdice *.
In the 36th page, Mr. Sharp quotes the
234 t.r of th-7td.chapteref ftht Arft of
Corinthians,. in the& wo rds: Te are bought
with a price, be not therefore the fervants qf
men; as if St. Paul was enticing fervants to
run away from their masters. But the
words of the text are thcl. You are bWugI
wistfy' te, be not ye the ferants of mesn
whici t&e context fi'Ry explains.
The bounds of a letter will not permit of
my following Mr. Sharp any further at pre-
fent;
SCompare Deut. xxiv. i. with Letv xv. chp, and Romi
iA chap. &c.
[ 21 1
fent; but I cannot conclude this letter with-
out remarking the fame difingenuity in Mr.
Clarkfon ; who alfo mifleads his readers in
fome material historical fats. In his effay
upm the jla-ery and commerce of the human
Jpecies, he affects, page 38, That it is necefa-
ryfor a man to be fre, to be a Chriflian. But
I deny this to be fcripture doctrine. We
are poftively affured, that all men are alike
in the fight of God. Jew or Greek, Bar-
barian or Scythian, bond orJree.
In page 206, he is speaking in favour of
a fyftem which fome have advanced, namely,
that white men and negroes do not differ from
each other in complexion or hair, but only
according to the climate they live in; and in
support of this hypothesis, he fays, we can-
not i'ave a more friking infiance oftbis, than
in the ~ ew;, who are Jcattered over the face
of the whole earth ; yet have preferred them-
fer'cs diflinft from the refl of the world by their
religion, as they never intermarry with any
but thofe of their own fe, fo they have no mix-
ture of blood in their veins, that they fJould
diferf rom each other: and yet their complexion
is different according to the country they refwle
in
( 23 1
in. But if we inveftigate this point, we
fhall find it not founded in fat. Mofes
married an Ethiopian woman Jofeph
married an Egyptian woman, from whence
sprung the two tribes of Ephraim and Ma-
naflh, who of course were mingled nations,
that is, a mixture of Egyptian and fkihew
blood. King Solomon had at leaft one wife
that was an African, and many other fo-
reign women, which moll probably was
imitated by his fubjeds. The Jews were
flattered over all the dominions of Ahafue-
rus, who is called Artaxerxes, which con-
tained a hundred and twenty-feven provin-
.es, extending fro Ethiopia to India and
there is a plain intimation in the book of
Efther, that when they had reft from their
enemies, they mingled with the natives of
the land '. Be this as it will, the Jews are
continually upbraided by the prophets for
intermarrying with the Egyptians, the Ca-
raaQitcs, the Ammonites, the Moabites,
&c. j.
In page 245 of the fame book, Mr. Clark-
ton fays, that St. Paul having converted
One-
SNumb. xil. :. t Either. vil. 9, 17. and ix. 7y.
L Eza ix. 2. Efdrai viii. 69, &c.
[ 24 ]
Onefimus, iwo was a fuigitive flavi of P ile-
mon, fint him back to his mailer with this c A
drefs. I fend him back to you, but not in i:is
former capacity, not now as a servant, but
above a Jer'vant, a brorber beloved. In this
manner I bferech you to receive him, for though
I could enjoin ycr~ to d it, yet I b/;:/ rather it
J~idd -1 water f your mon will than of
n arEy. -Nowif we look into ths i6th verfe
of St. Paul's epiftt- toPhit:emob,_ vWe weh
find a very material part of that verfei Th' .
prefed, which plainly (hews that Onefimus
did -ontine in his former capacity, that is,
Philemon' servant in the efli, th6duigi4e
had become his brother according to the
bond of chriftianity.
-Aftemtrfl Mt. Shp will fay, that th' this
com~ erce may ave the voice of the people;
or'of th wholet worMd in its:fae i ib ridf di-
vine revelation to support it,yet it is inconrfl-
nt with natural cuc:ty fJr our: man to be a
flave to another. :-
Many things occur in the course of pro-
vidence that may have this appearance to
6or inadequate ideas of divine juffice.
abt
f 25 1
What hall we fay then ? Lu t:hre u-rigbte-
oift efs withl G(odI d cjorbiJ ,hall the Ming
formed fay unto him that firmed it, why bOt
thou made me thus. Hath not the ptter power
over the clay, to make one vejel anto bonour
and another unto dif#nour.
Eve difobeyed the command of God, and
her punishment was to bring forth children
in forrow ; but her innocent poftcrity were
doomed to fue&r, and do fuffer the fame af-
When the fCrpent feduced Evetp tafe
th- fprrbtidden 4qi hbe- walkck eit ;and
fpoke with a human voice; but as a punifh-
ment for his crime, he was doomed to crawl
upon his belly and lick the duft, and be de-
prived of the form he had appeared in before,
and his iffue have continued in that degrad-
ed tatt tP this dy.
All the pofterity of Adan feel thc effea of
the curfe denounced upon him. And can we
believe that the pofferity of Cain alone, wtto
committed fuch an atrocious ad, should
efapIepunifhm t t?
E IIam
[ 26 1
Ham committed a crime for which it
pleaded God to curfe Canaan. How fhall
wve reconcile this to natural equity ? Or, does
it appear to be greater injuftice to punish
the whole family of Ham for their father's
crime, and yet I think, upon a full inveffi-
gation of this point, it will appear, that the
whole of Ham's pofterity participated in
the curfe.
Much might be laid to elucidate this fub-
jet ; but the bounds prescribed to this let-
ter, will not admit of entering farther into
it at present. I am, however, of opinion,
that upon a full investigation it will appear,
i. That slavery. commenced foon after
the curfe was denounced upon Canaan.
a. That the name of Canaan may be in-
terpreted, to imply the whole family of
Ham, without diflorting scripture.
3. That the original settlement of Ham's
family was in Africa, Arabia and Babylon.,
4. That the firft instances of men being
bought and fold, or held as hereditary fer-
vants,
[ 27 ]
vants, were in the countries where Hanm'
family feutled.
5. That this family, as has been observed,
were particularly pointed out by the law of
Mofes to ferve the Ifraelites as flaves. They
ace called tbe kccathn round about, them but
the -rations that defceuded from Abraham
and Lot, who were alfo round about the
Ifraelites, and idolators t.o, yet were not
in that predicament.
6. That the commerce in flames within
the dominion of Great Britain is founded
upon, and supported by ads of parlia.
ment.
7. That this commerce in its various
operations, is at present a great nurfery for
feamen, and under proper regulations would
be much greater, notwithstanding fome un-
favourable circumitances attending the na.
vigation.
8. And above all, That this trade, under
suitable reftrictions and limitations, would
be a more effectual means of civilizing
heroes,
[ 28 ]
negroes, than all the visionary plans for
ellablifhing fugar colonies in Africa, Cochin
China, or New Guinea.
I am, &c.
CANDIDUS.
December 10, 1787.
CASES
[ 29 ]
C A S E S
It rIT, PFrT :,
NEGROE SLAVES,
OPINIONS THEREON.
D UDLY CROFTS, Efq, was poffeffed
of a negroe flave in the VWel-Indies,
born on his own plantation, who ferved
him in the capacy of his fervant. Mr.
Crofts was made a captain of the cnw raife4
forces in North America, for the expedition
against Canada. He, by the indulgence of
the colonel, permitted the laid tave to aft
as a drummer in his company, though ne-
vem:ofted, thg captain all the while receive,
ing hipa ats- Seing-his feryant. On his
returning from that expedition to England,
the captain and his flave were taken on board
a merchant flip by a French privateer, but
the flave was returned to the captain by the
French commiffary, as one of the king of
Epgland's
[ 30 J
England's officers, though it fecms the com-
miflary's agent figned a paffport (which the
flave hath now in his hand) fignifying that
he was exchanged as a prisoner of war, and
by the commiffary was returned to his mal-
ter, the captain. Since this the captain hath
thought fit to fend this flave back to his
plantation in Barbadoes, ordering him on
board a fhip, where he was hand-cuffed, to
prevent an escape; however, by fome means
the fellow got to fhore, and is commbniing
4n action against his master for this ufage,
alledging, that as he was in England he is
become a freeman.
N, B. The flave, whilft in the Weft-In-
dies had been baptized by the peramif-
fion of hig aupater.
Zgery, Whether the captain's property
is altered by his flaves being in England, or
whether the captain having appointed hini
his drummer or the commifary's paffort,
alters the cafe ?
2. Can the captain compel him to return
to the Weft-Indies, or does a flave, by be-
ing
S3I 1 ]
ing in England, become a freeman, fo as to
maintain an action for his wages, or can the
owner fue any person who detains him for
the lofs of his service ?
A. I am of opinion that Captain Crofts'
aegroe, by his coming to, and refining with
his master in England, or by being baptized,
does not gain his freedom; and that the
owner of a negroe in England has a right to
fend him to the plantations, or whercobever
A.f he thinks fit and that fuch owner,.in
cafe the flave will not obey his commands,
has a right to ufe all neceftary force.
I am alfo of opinion, that-the captain's
negroe, by his serving as a drummer in his
company, did not thereby gain his liberty,
as he never was inlifted in his majety's fer-
vice, according to the articles of war; nor
do I think that the negroe's being returned
by the French commiffary, as one of the,
king's officers, makes any alteration in the
cafe; as in fact, he was not then an officer
of the king, nor could fuch negroe, if he had
Srun away from that service, have been pun-
iied by martial law, therefore I am of opi-
nion,
[ 32 ]
union, that fuch negroe is the captain's
property, and that he may fue any perfoi
who detains him for lofs of service.
EDMUND HoswKIN, LINCOLNS-INNy
loth, April, 1749.
A. Bought a flave in Jamaica and brought
him to London, and from thence ret him
out to a mailer of-a.hip. A. dies, making
B, his executor, who ret&ied from the ma,.
ter-of the fhip the wages the flave had earn-
ed-in the lifetime of the leftator ; the flave
brings, an action against the-mafter of-te
fhip for thefe wages.
Query, Can be maintain the faid aftl t
A I am of opinion, that the executbr s
entitled to the wages. The right to the
Have on his coming to England not being
altered,but remaining as it was before, there-
fore the matter or his reprefentatiV1~i e
entitled to his service, and the profits which
have been thereby made, and no action can
be maintained against the master ofthe ihip.
P. ELLERS.
[ 33 ]
Sir bohn Strange's oap?,ion, Maler of the Rlls.
I am of opinion, that the executor is en-
titled to the wages, and that the payment
to the executor will be a proper defence and
answer for the matter of the thip, to the
action now depending against him.
J.STRANrE.
The opinions of r 'e Lords Cbancellors, Hard-
wsite amnd Taet.
t.' --.
In erder to re&ify a vulgar error, that
flayv. become free by their being in Eng-
land or Ireland, or from being baptized,
the Attorney and Sblcitors Generals opi-
nions wee 'takt wfich were ai follows:
We are of opinion, that a flave com-
" ing from the Weft Indies to Great Bri-
t gr Jreland, with or without his m.af-
- terPi~ li i leeomn& fre;, aifd 'ait tbt
f master's property or right in him is not
" thereby determined or varied; and that
" baptifmn doth not beftow freedom on him,
" or make any alteration in his temporal
" c.idition in thefe kingdoms. We are
F alfo
f 31 1
" alfo of opinion, that his master may le-
" gaily compel him to return again to the
" plantations."
P. YORKxE.
C. TALBOT.
Since which, on the fkrength of thefe opi-
nions, in the year 1763, a black boy, the
property of one Rice, a broke, iainfa
whom a commiffion of bankrupt had been
awarded and iffued, was publicly fold by
au6ion, by the affignees, under the cornm-
million, as part of the bankrupt's effe&i
A eqy of Lord Mair.fWs jpecb in the raff
of Somerfet and Knowles.
On Monday, the 22d June, in Trinity
term, i772. the Court of King's Bench
proceeded to give judgment in the cafe of
Somerferand-IQhowles, pon tthe i-fa i of
the Habeas Corpus. Lord Mansfield -firft
Rated the return; and then fpoke to the
following piriport:
1 35 ]
We pay due attention to the opinion of
Sir Philip Yorkc and Mr. Talbot, in the
year 1729, by which they pledged them-
felves to the Britilh planters for the legal
confequenccs of bringing negroe flaves into
this kingdom, or their being baptized;
which opinion was repeated and recognized
by Loc4 Hardwicke, fitting as chancelpr,
on the igth of Odober 1749, to the fol-
lowing effe&: he faid, That trover would
lay for a negroe lave: that a notion pre,
vailed,-that if a flave came into England,
or became a chriftian, he thereby became
"emancipated; but there was no founda-
tion in law for fuch a nation: that when
he and Lord Talbot were attorney and fo-
licitor general, this notion of a flave be-
coming free by being baptized prevailed fo
ftrongly, that the planters induffrioully
prevented their becoming Chriftians: upon
which their opinion was taken ; and upon
*W**P A$fL d r dlkp tfy were bat clear,
" ofopinion, that a flave did not in the Icaft
Salter his situation or fate towards his
' after or owner, either by being chriftened
"or coming to England : that though the
tAatute of Charles II. had abolished tenure
F fo
[ 36 1
" to far, that nb man could be a villein re-
"gardant; yet if he would acknowledge
" himself a villein in grofs in any court of
" record, he knew of no way by which he
*' could be entitled to his freedom, without
" the content of his master." We feel the
force of the inconveniences and confequen-
ces that will U ttow the decision of this quef-
tion: yet 11 of us are to dearly of one opi-
nion upon the only question before us, that
we think we ought to give judgment wTth'-
out adjourning the matter to be argued be-
fore all the judges, as ufual in the habeas
corpus, and as we at firft intimated an in-
tenion of doing in this cafe. The only
question then is, Is t/he cauqf returned fff-
cientfir the remanding him ? If not, he mufl
be discharged. The cafe returned is, the
flave abfentedhimfelf and departed from his
master's service, and refused to return and
ferve him during his ftay in England; where-
upon, by his master's orders, he was put on
board the ihip by force, and there d4 inead
in fecure cuftody, to be carried out of the
kingdom and fold. So high an aft of do-
minion muff derive its authority, if any
fuch it has, from the law of the kingdom
w-here
[ 37 1
there executed. A foreigner cannot be im-
prifoned here on the authority of any law
existing in his own country. The power of
a mafier over his fervant is different in all
countries, more or lefs limited or extenfive,
the exercise of it therefore muft always be
regulated by the laws of the place where
exercised. The fate of flavery is of fc h
a nature, that it is incapable of being
now introduced by courts of justice upon
mere reasoning, or inferences from any prin-
ciples ua al or political; it muft iake its
rife from positive law, the origin of it can
in no country or age be traced back to any
other force. Immemorial ufage preferves
the mamproy of pofiive law long after all
traces of the occafion, reafon, authority,
and time of its introduction, are loft, and
in a cafe of fo odious a nature as the con-
dition of flaves muft be taken ftridtly. The
power claimed by this return was never in
t "iShere no. sna~e ever was.allwed here
to take F'have by force to be fold abroad
because he had delerted from his service, or
for any other reason whatever; we cannot
fay, the caufe fet forth by this return is al-
lcwed or approved of by the laws of this
kingdom,
[ 3S ]
kingdom, and therefore the man muft be
discharged.
PariAj of Thamnes Ditton, againfi St. Luke's,
Chelfea.
A special cafe referred at the feflions came
on for the determination of the court of
King's Bench, in Ealter term lit.
The cafe was, Charlotte Howe, a negroc
girl, was bought in-America by Capt. MTmwe
as a flavc, and by him brought to England in
1781: that in November [781, Capt. Howe
went to live in the faid parifi of TIhames
.Ditton, and took. this girl with him, and
fhe continued with him there in his fcrvice
rill the 7th June 1783, when he died, foon
after which the was baptized at Thames
Ditton, by the name of Charlotte Howe.
That The continued after his death to live
with Mrs, Howe, his widow and executrix,
who afterwards removed to Che!ica, and the
confitne'a- to live within herthhercw- spbf,
for five or fix months, when he -left Mrs.
Hlowe ; that fhe was all this time childlefs,
and unmarried, and removed by Ditton to
-Chelfea,
[ 39 1
Chelfea, as having fcrved the laft 40 days in
that parifh.
In this cafe Lord Mansfield very parti-
cularly took occasion to declare, that the
public were generally miftaken in the deter-
mination of the court of King's Bench, in
the cae of Somerfet the negroe, which
had been often quoted, for nothing more
was then determined, than that there was'
nb right irhthe after forcibly to take the
flave and carry him aboard. That the ge-
neral question, whether the after might
not fue any one who entertained him in hti
service, or for wages, was not before the
court, not was it held that the baptizing
fuch flave made any alteration in his free-
dom, or that on getting foot in this coun-
try he inflantly became emancipated. There-
fore the only question on the habeas cor j
Sin that cafe was, whether the mSater'ight
forcibly compel the fave to go out of this
kingdom ? when it was determined he coul4
not.
/
Dlacfto4e;
L 40 J
Clackftone, v c. 1. p. 425.
The law of England ads upon general
and extenfive principles. It gives lib -ty,
rightly under!' ,tl, that is, proteaio' *o
a Jew, a Turk, or a Heathen, as well 's
to thofe whoiprofcfs the true l ciigin of
Chrift ; and it will not diffolve a civilobli
nation between mafter and f1r ant, on ac-
coount of the altcrarin, of faith in ether of
the parties : but the flave is intitled to the
fame proztion in England before, as after
baptism; and whatever fevi, i hceatn
nero owed to his American mater, the
fame is he bound to render when brought
to England and made a Chriti.m.
F IN -,
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