Daily national era. [volume] (Washington, D.C.) 1854-1854, 1854-03-10
lcopYRIaHT SECURED BIT THE AUTHoR
For the National Era.
THE LEGAL TENURE OF SLAVERY.
LETTER XII.

Of IHE LEdAL IENUft Ut oLANEh1 In
ENGLAND
To tie Friends of american Liberty.
The view have presented, of the Illegally
Of Slavery in the British American Colonies,
will be confirmed and illustrated by glance
OF the history and legal tenure Of Slavery in
the mother country. Originating in the same
African slave trade and existing at the same
period, under the same English common law,
the legal tenure of the one must be nearly, if
not altogether, identical with THAI of the other.
So that if the Slavery then existing in England
be found to have been Illegal the fact will 60
very far towards proving the illegality Of Sla-
very in the Coloniesi The proof must be
deemed conclusive, unless some marked distinc
ton can be pointed out between the two cases
and if the judicial jurisdiction under which the
illegality was determined in England, extend
ed over the Colonies, the question may be con-
sidered as settled so far as judicial decisions
can settle anything
What then, are the facts in the premises
Some time before the year 1900, slaves were
introduced into England. They we're brought
there, in the first place, BY planters, merchants
and others, from the Colonies, commonly as
domestic servants during their stay, and were
taken back with them on their return. By
degrees the practice was extended The col
onists, bringing slaves prolonged indefinitely
their residence. Other British subjects OBJ
tanned slaves as servants, by hire or by pur-
chase Shipmasters from the Colonies, or from
Africa, at length introduced them for sale, till
slaves were regularly advertised, bought, and
sold But las in the Colonies at that early period
there scas no Legislation sgaiizing the practice.
sentiment in opposition to this practice
began to manifest ITSELF 1t was commonly
understood that Christians could not enslave
Christians; and since all baptized persons were
accounted Christians, benevolent clergymen of
the Church Of England baptized as many slaves
rs they could, hoping by this means to secure
their liberation, or at least prevent their being
taken back to the Colonies. To great extent
this object was effected for time, the god.
fathers Of the slaves demanding their freedom
and the slave. masters, not daring to bring the
case befJre the courts set them free, or per-
mitted their escape.
At length, in 1929, the slave masters applied
TO York and Talbot, the Attorney and Solic-
tor General for the time being and, on an
ca parte statement Of the case, succeeded in pro-
curing from them q written opinion that slaves
coming from the colonies into Great Britain or
Ireland did not become free, and that Christian
baptism did not change their condition BY
this irregular and reprehensible procedure the
shareholders and their official supporters sue
cesded in prolongpg the practice Of enslave
ment in England. The friends Of Liberty were
oyerawed and disheartened, and the belief be-
came common, If not universal, that slavehold-
ing was legal in England* Slaves were then,
again, advertised and sold at auction and re-
wards were offered by advertisement for seiz-
ing runaway or secreted slaves, and dragging
them on board the ships.
This state Of things continued from 1929 till
l772-forty three years.
Granville Sharpe, alone and single-handed,
undertook in 1867 to stem the torrent Of OPP
preston. Without rank, without wealth, with
out the regular education or position Of a law
YER, and being only an humble clerk in the
Ordnance Department Of the Government he
ventured TO affirm the iiiegality of slapehoiding.
This he did, in open opposition to the known
opinions, not only OF York and Talbot, but OF
the great and learned DR.. Blackstone, then in
the zenith Of legal fame that has come down
to our own timee and also Of Lord Chief JUS
tice Mansfield, Of the Court of Kings Bench,
the highest judicial authority in England, be-
fore whom all cases arising on the question
must in the last appeal be tried and deter
mined. The lawyers whom Sharpe consulted,
or retained as counsel, in the suits he instituted
against the shareholders, assured him that the
law was against him. Among these, was Sir
James Eyre, Recorder of London, and it was q
long time before he found lawyer to espouse
his views and present them properly in court
Philanthropists opposed to Slavery had imbibed
the current belief in it's legality. In word
that belief was quite as confidently held as is
the belief Of the legality of Slavery in this conn-
try mt the present time. And instead Of being
questioned or controversial by hundreds or thou.
sands Of intelligent men, los the legality of
American Slavery now is, the sentiment for
long time appears to have existed only in the
mind of Granville Sharpe. But he had clear
view Of the subject, and by his writings from
time to time, exerted an increasing influence,
and gained adherents One suit after another
was Instituted BY him, and, though they we're
uniformly decided in favor Of the shareholders,
he persisted in treating slaveholding az illegal
releasing slaves whenever he could, and taking
the risk Of a suit against him for damages.
WILLIAM GooDELL.
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