The History of the Rise, Progress and Accomplishment of the Abolition of the African Slave Trade by the British Parliament (1808), Vol. I by Thomas Clarkson

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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 Doctor 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 occurred. This happened in the year 1770.
Robert Stapylton, who lived at Chelsea, in conjunction with John Malony and
Edward Armstrong, two watermen, seized the person of Thomas Lewis, an
African slave, in a dark night, and dragged him to a boat lying in the
Thames; they then gagged him, and tied him with a cord, and rowed him down
to a ship, and put him on board to be sold as a slave in Jamaica. This base
action took place near the garden of Mrs. Banks, the mother of the present
Sir Joseph Banks. Lewis, it appears, on being seized, screamed violently.
The servants of Mrs. Banks, who heard his cries, ran to his assistance, but
the boat was gone. On informing their mistress of what had happened, she
sent for Mr. Sharp, who began now to be known as the friend of the helpless
Africans, and professed her willingness to incur the expense of bringing
the delinquents to justice. Mr. Sharp, with some difficulty, procured a
habeas corpus, in consequence of which Lewis was brought from Gravesend
just as the vessel was on the point of sailing. An action was then
commenced against Stapylton, who defended himself, on the plea, "That Lewis
belonged to him as his slave." In the course of the trial, Mr. Dunning, who
was counsel for Lewis, paid Mr. Sharp a handsome compliment, for he held in
his hand Mr. Sharp's book on the injustice and dangerous tendency of
tolerating slavery in England, while he was pleading; and in his address to
the jury he spoke and acted thus: "I shall submit to you," says Mr.
Dunning, "what my ideas are upon such evidence, reserving to myself an
opportunity of discussing it more particularly, and reserving to myself a
right to insist upon a position, which I will maintain (and here he held up
the book to the notice of those present) in any place and in any court of
the kingdom, that our laws admit of no such property[A]." The result of the
trial was, that the jury pronounced the plaintiff not to have been the
property of the defendant, several of them crying out "No property, no
property."

[Footnote A: It is lamentable to think, that the same Mr. Dunning, in a
cause of this kind, which came on afterwards, took the opposite side of the
question.]

After this, one or two other trials came on, in which the oppressor was
defeated, and several cases occurred, in which poor slaves were liberated
from the holds of vessels, and other places of confinement, by the
exertions of Mr. Sharp. One of these cases was singular. The vessel on
board which a poor African had been dragged and confined had reached the
Downs, and had actually got under weigh for the West Indies. In two or
three hours she would have been out of sight; but just at this critical
moment the writ of habeas corpus was carried on board. The officer, who
served it on the captain, saw the miserable African chained to the
mainmast, bathed in tears, and casting a last mournful look on the land of
freedom, which was fast receding from his sight. The captain, on receiving
the writ, became outrageous; but, knowing the serious consequences of
resisting the law of the land, he gave up his prisoner, whom the officer
carried safe, but now crying for joy, to the shore.

But though the injured Africans, whose causes had been tried, escaped
slavery, and though many, who had been forcibly carried into dungeons,
ready to be transported into the Colonies, had been delivered out of them.
Mr. Sharp was not easy in his mind. Not one of the cases had yet been
pleaded on the broad ground, "Whether an African slave coming into England
became free?" This great question had been hitherto studiously avoided. It
was still, therefore, left in doubt. Mr. Sharp was almost daily acting as
if it had been determined, and as if he had been following the known law of
the land. He wished therefore that the next cause might be argued upon this
principle. Lord Mansfield too, who had been biassed by the opinion of York
and Talbot, began to waver in consequence of the different pleadings he had
heard on this subject. He saw also no end of trials like these, till the
law should be ascertained, and he was anxious for a decision on the same
basis as Mr. Sharp. In this situation the following case offered, which was
agreed upon for the determination of this important question.

James Somerset, an African slave, had been brought to England by his
master, Charles Stewart, in November 1769. Somerset, in process of time,
left him. Stewart took an opportunity of seizing him, and had him conveyed
on board the Ann and Mary, captain Knowles, to be carried out of the
kingdom and sold as a slave in Jamaica. The question was-"Whether a slave,
by coming into England, became free?"

In order that time might be given for ascertaining the law fully on this
head, the case was argued at three different sittings. First, in January,
1772; secondly, in February, 1772; and thirdly, in May, 1772. And that no
decision otherwise than what the law warranted might be given, the opinion
of the Judges was taken upon the pleadings. The great and glorious result
of the trial was, That as soon as ever any slave set his foot upon English
territory, he became free.

Thus ended the great case of Somerset, which, having been determined after
so deliberate an investigation of the law, can never be reversed while the
British Constitution remains. The eloquence displayed in it by those who
were engaged on the side of liberty, was perhaps never exceeded on any
occasion; and the names of the counsellors Davy, Glynn, Hargrave,
Mansfield, and Alleyne, ought always to be remembered with gratitude by the
friends of this great cause. For when we consider in how many crowded
courts they pleaded, and the number of individuals in these, whose minds
they enlightened, and whose hearts they interested in the subject, they are
certainly to be put down as no small instruments in the promotion of it:
but chiefly to him, under Divine Providence, are we to give the praise, who
became the first great actor in it, who devoted his time, his talents, and
his substance to this Christian undertaking, and by whose laborious
researches the very pleaders themselves were instructed and benefited. By
means of his almost incessant vigilance and attention, and unwearied
efforts, the poor African ceased to be hunted in our streets as a beast of
prey. Miserable as the roof might be, under which he slept, he slept in
security. He walked by the side of the stately ship, and he feared no
dungeon in her hold. Nor ought we, as Englishmen, to be less grateful to
this distinguished individual than the African ought to be upon this
occasion. To him we owe it, that we no longer see our public papers
polluted by hateful advertisements of the sale of the human species, or
that we are no longer distressed by the perusal of impious rewards for
bringing back the poor and the helpless into slavery, or that we are
prohibited the disgusting spectacle of seeing man bought by his
fellow-man.--To him, in short, we owe this restoration of the beauty of our
constitution--this prevention of the continuance of our national disgrace.

I shall say but little more of Mr. Sharp at present, than that he felt it
his duty, immediately after the trial, to write to Lord North, then
principal minister of state, warning him, in the most earnest manner, to
abolish immediately both the trade and the slavery of the human species in
all the British dominions, as utterly irreconcileable with the principles
of the British constitution, and the established religion of the land.

Among other coadjutors, whom the cruel and wicked practices which have now
been so amply detailed brought forward, was a worthy clergyman, whose name
I have not yet been able to learn. He endeavoured to interest the public
feeling in behalf of the injured Africans, by writing an epilogue to the
Padlock, in which Mungo appeared as a black servant. This epilogue is so
appropriate to the case, that I cannot but give it to the reader. Mungo
enters, and thus addresses the audience:--

"Thank you, my Massas! have you laugh your fill?
Then let me speak, nor take that freedom ill.
E'en from _my_ tongue some heart-felt truths may fall,
And outrag'd Nature claims the care of all.
My tale in _any_ place would force a tear,
But calls for stronger, deeper feelings here;
For whilst I tread the free-born British land,
Whilst now before me crowded Britons stand,--
Vain, vain that glorious privilege to me,
I am a slave, where all things else are free.

"Yet was I born, as you are, no man's slave,
An heir to all that lib'ral Nature gave;
My mind can reason, and my limbs can move
The same as yours; like yours my heart can love;
Alike my body food and sleep sustain;
And e'en like yours--feels pleasure, want, and pain.
One sun rolls o'er us, common skies surround;
One globe supports us, and one grave must bound.

"Why then am I devoid of all to live
That manly comforts to a man can give?
To live--untaught religion's soothing balm,
Or life's choice arts; to live--unknown the calm
Of soft domestic ease; those sweets of life,
The duteous offspring, and th' endearing wife?

"To live--to property and rights unknown,
Not e'en the common benefits my own!
No arm to guard me from Oppression's rod,
My will subservient to a tyrant's nod!
No gentle hand, when life is in decay,
To soothe my pains, and charm my cares away;
But helpless left to quit the horrid stage,
Harass'd in youth, and desolate in age!

"But I was born in Afric's tawny strand,
And you in fair Britannia's fairer land.
Comes freedom, then, from colour?--Blush with shame!
And let strong Nature's crimson mark your blame.
I speak to Britons.--Britons, then, behold
A man by Britons _snar'd_, and _seiz'd_, and _sold_!
And yet no British statute damns the deed,
Nor do the more than murd'rous villains bleed.

"O sons of freedom! equalize your laws,
Be all consistent, plead the Negro's cause;
That all the nations in your code may see
The British Negro, like the Briton, free.
But, should he supplicate your laws in vain,
To break, for ever, this disgraceful chain,
At least, let gentle usage so abate
The galling terrors of its passing state,
That he may share kind Heav'n's all social plan;
For, though no Briton, Mungo is--a man."

I may now add, that few theatrical pieces had a greater run than the
Padlock; and that this epilogue, which was attached to it soon after it
came out, procured a good deal of feeling for the unfortunate sufferers,
whose cause it was intended to serve.

Another coadjutor, to whom these cruel and wicked practices gave birth, was
Thomas Day, the celebrated author of Sandford and Merton, and whose virtues
were well known among those who had the happiness of his friendship. In the
year 1773 he published a poem, which he wrote expressly in behalf of the
oppressed Africans. He gave it the name of The Dying Negro. The preface to
it was written in an able manner by his friend counsellor Bicknell, who is
therefore to be ranked among the coadjutors in this great cause. The poem
was founded on a simple fact, which had taken place a year or two before. A
poor Negro had been seized in London, and forcibly put on board a ship,
where he destroyed himself, rather than return to the land of slavery. To
the poem is affixed a frontispiece, in which the Negro is represented. He
is made to stand in an attitude of the most earnest address to Heaven, in
the course of which, with the fatal dagger in his hand, he breaks forth in
the following words:

"To you this unpolluted blood I poor,
To you that spirit, which ye gave, restore."

This poem, which was the first ever written expressly on the subject, was
read extensively; and it added to the sympathy in favour of suffering
humanity, which was now beginning to show itself in the kingdom.

About this time the first edition of the Essay on Truth made its appearance
in the world. Dr. Beattie took an opportunity, in this work, of vindicating
the intellectual powers of the Africans from the aspersions of Hume, and of
condemning their slavery as a barbarous piece of policy, and as
inconsistent with the free and generous spirit of the British nation.

In the year 1774, John Wesley, the celebrated divine, to whose pious
labours the religious world will be long indebted, undertook the cause of
the poor Africans. He had been in America, and had seen and pitied their
hard condition. The work which he gave to the world in consequence, was
entitled Thoughts on Slavery. Mr. Wesley had this great cause much at
heart, and frequently recommended it to the support of those who attended
his useful ministry.

In the year 1776, the abbe Proyart brought out, at Paris, his History of
Loango, and other kingdoms in Africa, in which he did ample justice to the
moral and intellectual character of the natives there.

The same year produced two new friends in England, in the same cause, but
in a line in which no one had yet moved. David Hartley, then a member of
parliament for Hull, and the son of Dr. Hartley who wrote the Essay on Man,
found it impossible any longer to pass over without notice the case of the
oppressed Africans. He had long felt for their wretched condition, and,
availing himself of his legislative situation, he made a motion in the
house of commons, "That the Slave-trade was contrary to the laws of God,
and the rights of men." In order that he might interest the members as much
as possible in his motion, he had previously obtained some of the chains in
use in this cruel traffic, and had laid them upon the table of the house of
commons. His motion was seconded by that great patriot and philanthropist,
sir George Saville. But though I am now to state that it failed, I cannot
but consider it as a matter of pleasing reflection, that this great subject
was first introduced into parliament by those who were worthy of it; by
those who had clean hands and irreproachable characters, and to whom no
motive of party or faction could be imputed, but only such as must have
arisen from a love of justice, a true feeling of humanity, and a proper
sense of religion.

About this time two others, men of great talents and learning, promoted the
cause of the injured Africans, by the manner in which they introduced them
to notice in their respective works.

Dr. Adam Smith, in his Theory of Moral Sentiments, had, so early as the
year 1759, held them up in an honourable, and their tyrants in a degrading
light. "There is not a Negro from the coast of Africa, who does not, in
this respect, possess a degree of magnanimity, which the soul of his sordid
master is too often scarce capable of conceiving. Fortune never exerted
more cruelly her empire over mankind, than when she subjected those nations
of heroes to the refuse of the gaols of Europe, to wretches who possess the
virtue neither of the countries they came from, nor of those they go to,
and whose levity, brutality, and baseness so justly expose them to the
contempt of the vanquished." And now, in 1770, in his Wealth of Nations, he
showed in a forcible manner (for he appealed to the interest of those
concerned) the dearness of African labour, or the impolicy of employing
slaves.

Professor Millar, in his Origin of Ranks, followed Dr. Smith on the same
ground. He explained the impolicy of slavery in general, by its bad effects
upon industry, population, and morals. These effects he attached to the
system of agriculture as followed in our islands. He showed, besides, how
little pains were taken, or how few contrivances were thought of, to ease
the labourers there. He contended, that the Africans ought to be better
treated, and to be raised to a better condition; and he ridiculed the
inconsistency of those who held them in bondage. "It affords," says he, "a
curious spectacle to observe that the same people, who talk in a high
strain of political liberty, and who consider the privilege of imposing
their own taxes as one of the unalienable rights of mankind, should make no
scruple of reducing a great proportion of their fellow-creatures into
circumstances, by which they are not only deprived of property, but almost
of every species of right. Fortune perhaps never produced a situation more
calculated to ridicule a liberal hypothesis, or to show how little the
conduct of men is at the bottom directed by any philosophical principles."
It is a great honour to the university of Glasgow, that it should have
produced, before any public agitation of this question, three
professors[A], all of whom bore their public testimony against the
continuance of the cruel trade.

[Footnote A: The other was professor Hutcheson, before mentioned in p. 49.]

From this time, or from about the year 1776, to about the year 1782, I am
to put down three other coadjutors, whose labours seem to have come in a
right season for the promotion of the cause.

The first of these was Dr. Robertson. In his History of America, he laid
open many facts relative to this subject. He showed himself a warm friend
both of the Indians and Africans. He lost no opportunity of condemning that
trade which brought the latter into bondage: "a trade," says he, "which is
no less repugnant to the feelings of humanity than to the principles of
religion." And in his Charles the Fifth, he showed in a manner that was
clear, and never to be controverted, that Christianity was the great cause
in the twelfth century of extirpating slavery from the West of Europe. By
the establishment of this fact, he rendered important services to the
oppressed Africans. For if Christianity, when it began to be felt in the
heart, dictated the abolition of slavery, it certainly became those who
lived in a Christian country, and who professed the Christian religion, to
put an end to this cruel trade.

The second was the abbe Raynal. This author gave an account of the laws,
government, and religion of Africa, of the produce of it, of the manners of
its inhabitants, of the trade in slaves, of the manner of procuring these,
with several other particulars relating to the subject. And at the end of
his account, fearing lest the good advice he had given for making the
condition of the slaves more comfortable should be construed into an
approbation of such a traffic, he employed several pages in showing its
utter inconsistency with sound policy, justice, reason, humanity, and
religion.

"I will not here," says he, "so far debase myself as to enlarge the
ignominious list of those writers, who devote their abilities to justify by
policy what morality condemns. In an age where so many errors are boldly
laid open, it would be unpardonable to conceal any truth that is
interesting to humanity. If whatever I have hitherto advanced hath
seemingly tended only to alleviate the burthen of slavery, the reason is,
that it was first necessary to give some comfort to those unhappy beings,
whom we cannot set free, and convince their oppressors, that they were
cruel, to the prejudice of their real interests. But, in the mean time,
till some considerable revolution shall make the evidence of this great
truth felt, it may not be improper to pursue this subject further. I shall
then first prove that there is no reason of state, which can authorize
slavery. I shall not be afraid to cite to the tribunal of reason and
justice those governments, which tolerate this cruelty, or which even are
not ashamed to make it the basis of their power."

And a little further on he observes--"Will it be said that he, who wants to
make me a slave, does me no injury, but that he only makes use of his
rights? Where are those rights? Who hath stamped upon them so sacred a
character as to silence mine?"--

In the beginning of the next paragraph he speaks thus: "He, who supports
the system of slavery, is the enemy of the whole human race. He divides it
into two societies of legal assassins; the oppressors, and the oppressed.
It is the same thing as proclaiming to the world, If you would preserve
your life, instantly take away mine, for I want to have yours."

Going on two pages further, we find these words: "But the Negros, they say,
are a race born for slavery; their dispositions are narrow, treacherous,
and wicked; they themselves allow the superiority of our understandings,
and almost acknowledge the justice of our authority.--Yes--The minds of the
Negros are contracted, because slavery destroys all the springs of the
soul. They are wicked, but not equally so with you. They are treacherous,
because they are under no obligation to speak truth to their tyrants. They
acknowledge the superiority of our understanding, because we have abused
their ignorance. They allow the justice of our authority, because we have
abused their weakness."

"But these Negros, it is further urged, were born slaves. Barbarians! will
you persuade me, that a man can be the property of a sovereign, a son the
property of a father, a wife the property of a husband, a domestic the
property of a master, a Negro the property of a planter?"

But I have no time to follow this animated author, even by short extracts,
through the varied strains of eloquence which he displays upon this
occasion. I can only say, that his labours entitle him to a high station
among the benefactors to the African race.

The third was Dr. Paley, whose genius, talents, and learning have been so
eminently displayed in his writings in the cause of natural and revealed
religion. Dr. Paley did not write any essay expressly in favour of the
Africans. But in his Moral Philosophy, where he treated on slavery, he took
an opportunity of condemning, in very severe terms, the continuance of it.
In this work he defined what slavery was, and how it might arise
consistently with the law of nature; but he made an exception against that
which arose from the African trade.

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