Citation

Somerset v. Stewart, June 22, 1772, FULL TEXT via CommonLII


Excerpt

portrait man in wig, turned to side

Lord Mansfield ruled in freedom seeker James Somerset’s favor (National Portrait Gallery, UK)

…The power of a master over his slave has been extremely different, in different countries. The state of slavery is of such a nature, that it is incapable of being introduced on any reasons, moral or political; but only positive law, which preserves its force long after the reasons, occasion, and time itself from whence it was created, is erased from memory : it’s so odious, that nothing can be suffered to support it, but positive law. Whatever inconveniences, therefore, may follow from a decision, I cannot say this case is allowed or approved by the law of England; and therefore the black must be discharged.


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