Daily national era. [volume] (Washington, D.C.) 1854-1854, 1854-03-11
lcopYRIGHT SECURED BY THE AUTHOR
For the National Era
THE LEGAL TENURE OF SLAVERY.
For the National HI
LETTER XII.

2
THE LEGAL TENURE OF SLAVERY.
LETTER XII
OF THE LEGAL TENURE OF SLAVERY IN
ENGLAND
IcoNCLUDED.]
TO tie Friends of american Liberty:
While one of these trials was pending, a
passage in Blackstonc's Commentaries, which
had been noted by Mr.. Sharpe, was quoted by
his counsel, as follows:
sAnd this spirit Of Liberty is. 50 deeply I'M
planted in our Constitution, and rooted IN our
very soil, that slave or negro, the moment
he lands in England, falls under the protection
Of the laws, and, in regard to all national
rights. becomes 60 Instant a freeman"
aThis was triumphantly repealed by the OPP
positc counsel, who produced the volume from
which the quotation was made, and instead OF
the words noted by Granville Sharpe, read as
follows:
IA negro, the moment he lands in England,
falls under the protection Of the laws, and 80
far becomes a free man, though the masters
right to his service may possibly remain
Upon further investigation, it was found
that, IN the course Of the trials, DR.. Blackstone
himself had made this alteration in the subse-
qnent editions"
This shows the influence of the Slave Power
over the jurisprudence Of the mother country
at that period Granville Sharpe, nevertheless,
persevered. By his searching reviews Of the
judicial decisions against liberty, which were
circulated through the country, he exposed the
illegality Of Slavery and the absurdity of the
pleas made in its favor, until, at length Lord
Chief Justice Nam field himself was seen to
wayer, and in the decision of the case OF James
Somerset, February I, l772 ne reversed his
own previous decisions, though awith much
lawyer like circumlocution," as follows:
"lmmemorial usage preserves the memory OF
positiye-lsw, long after all traces OF the occa-
sion, reason, authority, and time OF Its intro.
duction, are lost and an case so od'ous as the
condition of slaues, must be taken str,ctiy,'
TRACING The subject 10 natural principles, Slavery
can neper be suPported) The power claimed
in this return was never IN use here. we can
not say that the cause set forth in this return
is allowed or approved Of by the lars 81 tins
Kingdom, and therefore the man must be ds-
charged
Lord Mansfield's reluctance to retrace his
steps by this decision is apparent, not only
from the cautious language he employed, but
from the fact that he had previously delayed
judgment, and "twicc threw out the sugges-
ton, that the master might put an end to the
present litigation by manumitting the slave0
But this decision was the browning act oil
his liie upon which is builded his enviable
fame. The name Of Mansfield is now idcnti.
fed with tie national motto, immortalized by
the genius Of Cowper, that Slaves cannot
br,afhe IN England
The history Of Slavery and its extinction in
England is iraught with instruction and en-
enlargement for the friends Of American liber-
~. II is adapted not only to cheer, but TO
guide them. II evinces the power Of q recti-
fed public sentiment upon the jurisprudence
Of n country, and the absurdity Of receiving as
valid law whatever may, at given time, be
pronounced go by learned jurists. IL introdu-
ces ms to an obscure British subject, giving les
sons Of law to Blackstone and Mansfield
for must not forget to add, that Blackstone
himself signi6ed his appreciation Of the decis-
ion of Mansfield equivalent to q public con-
fession that, on q great question Of law, he
himself had been wrong, and Granville Sharpe
had been right.
OF the bearing Of Lord Mansfed's decision
upon the question Of the legality Of Slavery in
the British American Colonies, ! shall have
more to say in my next letter
WILLIAM GooDELL.