Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1854-12-09

ice had sought to ayOld was once uB"ih Ooiole
him.
In order to give solemnity to She proceedings,
in some degree corresponding to their importance
the case was brought by Lord Mansfield before
the Court of Kings Bench, where It was continued
from time to time, according to the convenience
of counsel and of the court, running even through
months, and occupying different days in january
February and MAY, down to tdo l2d of June, l7I2,
when judgment was finally delivered. Daring all
this period. Somerset, having recognized with
sureties for his proper appearance IN court was
left at large. 70 Granville Sharp he Ind repaired
Mt once and by him was kindly welcomed, and et-
fectivelv aided. Counsel learned in the law were
retained under his advice and by this humble clerk
they were instructed in the grounds OF delencc.--'
At his expense too, out of his small means, the
proceedings were conducted. On the other hand
the expenses were betrayed by subscription
among the merchants. Hear this, merchants oi
Boston, and hang your heads with sham
TO the glory Of the English bar the eminent
counsel for the slave declined all fees for then
valuable and protracted services, and here let
me pau for moment TO pay them an unal-
ected tribute. They were five in numbers Mr..
SERGEANT Davy, who orenel the cause with the
proposition that no man at this day is or can be
Mansfield afterwards Chief Justice Of the Com
mon Pleas; Mr. Hargrave and Mr. Alleyne, each
of whom was patiently heard by the count nj
length The argument Of MIR. Ilargraye, who
early volunteered his great learning iu the case,
is one Of the masterpieces Of the bar. THIS was
his first appearance in court; bat it is well that
liberty on that day Lad such support. For all
lhesc gallant lawyers, champions OF the right.
there is honor ever increasing which the soul
spontaneously offers while it turns in sorrow from
the counsel, only two in number, who allowed
themselves to be enlisted on the side OF slavery.
know well that in Westminster Hall there are
professional usagcs which happily do not prevail
in our country--where every such service depends
on contract-by which a barrister thinks himself
constrained to assume any cause which Is properly
presented to him. II this service depended on
contract there with us, the sarcasm Of BEN
johnson would be strictly applicable; This fellow
for six soils more would plead against his Maker"
But undertake % affirm, that no usage, proies-
sional or social can give any apology for joining
the pack Of the slave hunter. Mr.. DunnlnE,
one Of the persons in this predicament, showed
that he spoke against his better nature His first
words i'll his argument were, " Ii is incumbent on
me to justify the detdiner Of the negro" Pray
why incumbent on him? He was then careful
to show that he did not m0ntan that there was
an absolute property IN him. and he proceeded to
say, among other things, that it was his misfortune
to address Gn audience, the greater part Of which
he feared was pre- udced the other way that for
himself, he would not be understood to intimate n
wish i'll favor Of slavery but that lie was bound
IN duty to mention those arguments most useful
70 the emimant SO FAR consistent with the truth,
and he concluded with these cOnscience-strcken
words; " hope, therefore, shall not suffer in the
oplnion Of those whose honest passions fired at
the name Of slayery-l hope | have not trans
gressed my duty to humanity" Clearly the
lawyer had transgresscd his duty TO Humanity.
No man can righlully advocate any principle
Mhlch violates human nature; nor any
subtIety of dacctics any extent Of eruditon, or
any grandeur of intellect sustain him. Notwith-
standing the character for nera principles which
john Dunning acquired, and which breahes in
his sensitive cxcuses--nutwithstanding his double
fame at once at Westminster Hall an at ST.
Stephens Chapel Notwithstanding the pecragG
which lie vainly won, "no son of his succeeding"
this odious service rendered to a Slave hunter,
although calling himself Virginia gentleman,
cries in judgment against him. and will continue
to cry, as time advances. DO not start, Mr..
President, am aludng to occurrences in another
hemiS phere and another century J as we'll under
take slave-hunt in the deserts of Africa in the
streets Of Lonton. As we'll pursue the slave with
the hired whip Of the driver as with the hired
argument of the lawyer Itis the lawyers clear
duty to uphold human rights, whether in the
loiuest or the lowllt5t. and when lie undertakes
to uphold wOong SO outrageous as slavery, lis
proper function is so iaI reversed, that lie can be
apty described only in the phrase Of the Roman
Church, LArocato del Diqroio, The Devils Adyo-
cate.
Passing from the counsel to the court we find
at once occasion for gratitude and sorrow. The
three judges, Ashton, Willcs and Ashurst, who
sat Ly the side Of Lord Mansfield, were silent
throughout the whole proceedings, overawed per-
haps by his commanding authority, that he
alone seems to be present. Of large intellect and
extensive studies, running into all regions OF
learning; with a silver-tUngued voice and an
amenity OF manner which gave a constant charm
70 his presence; with unsurpassed professional
and political experience combined ; the early com
paniOn OF Pope and the early competitor of Pitt :;
I,, .,lp ID, a.,
Minister and three times refused the post Of Chan
cel!or; lie stood forth at the time when the poor
slave was brought before him, as an Acknowledged
light of jurisprudence and take him for all in all
as the most finished magistrate England had then
produced. But his character had one fatal defect,
which is too common the bench. lie lacked
moral frmness, which happily was not lacking in
Granville Sharp Sill more, he was not naturally
on the side of Liberty, as becomes great Judge,
but always by blood and instinct the side of
prcropative and power-an offence for which he
was arraigned by his contemporary, Junius and
for which pOserity will hold him 10 strict account.
But his luminous mind, apt to perceive the force
OF principles, could not resist the array Of argu-
ments now marshalled for Freedom. lie saw
clearly that system like slavery could not find
n home under the British Constitution. And yet
he shrank from the conclusion. Moro than once
he coquetted with the merchants who had the
case 50 much at heart, and twice he ignobly sug-
gcsted that the claimant might avoid the decision
of the great question, fraught with Freedom or
Slavery to muItitudes, simply by manumitting the
individual slave And when at last the case
could not he arrested by any device, or he longer
judgement was nevitable-he
came to the work, not warmly or generously, but in
trembling obedience to the Truth which awaited to
be declared
On other occasions Of a purely commercial
character, his judgments wero more learned and
but not one ever fell from his lips of
equal significance. 1t is remarkable for two dis.
hnct principles, which it clearly cnunciates, and
which, though often assaied, still stand as reason
and as law. or these the first was expressed in
these simple words: If the parties will have
Judgment fiat insttia r,tat ea,,a Yet Justice be
done whatever be the consequences" The Latin
phrase, which here plays such prominent part,
though of classical stamp, cannot be traced to
any classical source, and is supposed to have been
coined by Lord Mansfield on that occason.-I