The national era. [volume] (Washington [D.C.]) 1847-1860, 1858-03-18
VOL. XII.

of " the spirit of fanatcism," is not surprising.
Mcdesty and good taste are not charac eristie
OF Pro-Slavery advocates. Things thus stood
in England" says Mr.. Benjamin, "until the
year III, when the spirit of fausticisn n
which have adverted, finally operated on Lord
Mansfield, who by judgment rendered in the
case known as the celebrated Somerset case
subverted the Common Law of England by in.
dicial legislation" Lord Mans6eld's charscter
of course needs no vindication but we NAV CO
well expose the singular perverseness of the
Louisiana Senator. So far from the spirit If
fanaticism" operating on the Chief Justice. his
conduct and his language show that he was
anxious to avoid decision contrary to the
Pro-Slsvery Interest. He delayed INDIGNANT
term after term, advising the parties to com.
promise, shrinking evidently from decision
hostile to the Planters. If any influence one.
rated upon him, it was the West India Interest.
AT first, he intimated what the judgment might
be, thinking it would induce the Planters not
to push the matter. In FIVE or six cases. he
said, he had known the controversy accommo.
dated by an agreement-he had strongly rec
commended an agreement in this case. "The
setting of $4,000 or $4,000 men at once loose
by solemn opinion, is very disaereeable in
the effects it threatens" He proceeded TO en-.
large upon these Inconvenience, the object
being to bring about an accommodation, and
avoid decision. :" Mrs. Stewart" he said
"may end the question, by discharging or Civ
ing freedom to the negro; J" but, " il the parties
will have judgment, fiat justitia, ruat co9ltpl."
To give the parties an opportunity to accom-
modate the matter, he adjourned the case over.
/ think it right the matter should stand over;
and, if we are called on for a decision, proper
notice shall be given"
The parties were stubborn-the Court was
called upon for its decision-and it was deliv.
cred, unwillingly, not in obedince to the spirit
of fanaticism, not because the Court had auy
sympathy with the Anti-Slavery party, not be.
cause it did not foresee the Inconvenience to
which it would subject the Planting and Com
mercial Interests-(it was willing, nay anxious.
to prevent these Inconvenience by avoiding a
decision)-b because, being constrained to
pronounce judgment, it was compelled to de-
clare the Law, without fear or favor" fiat jus-
titia ruat celum." That we have stated fairly
the bearing and spirit of Lord Mansfield,
every lawyer knows, who has studied that case.
Note the two charges brought against Chief
Justice Mansfield, by this Louisiana Lawyer:
First, he subverted by judicial legislation the
Common Law of England Secondly, he was
driven to do this "by the spirit of fsnati-
cisn." l make these charges in relation TO
that judgment" he adds, because in them |
am supported by an intellect greater than
Mans6elds." He refers to Lord Stowell, an
authority, it may be, of equal, but certainly not
of superior, weight. His assertion liz, that Lord
Stowell, in his decision in the case of the slave
Grace, in 1927, snstsins him in making these
presumptuous charges. We assert that he does
not sustain him, or give the slightest counte.
nance, even by implication, to either of toe
charges. The enunciation of the statement that
an eminent English Judge had charged pre-.
decessor, no less eminent, with "a spirit of ia.
naticsm," is on its face 30 utterly improbable,
that nobody could believe it. Mr.. BENJAMIN
states only half the case, tried by Lord StoweI;
ion, there is not line, a word, a syllable, re.
fecting in the remotest degree upon Lord Mans.
field.
In 1922, Mrs. Allan, of Antigua, visited Eng.
land, taking with her female slave, named
Grace continued there year, and returned to
the island, Grace accompanying her voluntarily.
She continued with Mr.. Allan as a slave till
August, 1925, when she was seized by the Mas
ter of the Customs as forfeited to the King. on
suggestion of having been illegally imported in
1923. Mrs. Allan made an affidavit of claim,
as sole owner and proprietor, and the case came
before the Judge of the Vice Admiralty Court
of Antigua, who decided, after argument, that
Grace be restored to the claimant, with costs
and damages for her detention. An appeal
was prosecuted on the part ofthe Crown, and the
principal question made was, whether, under
the circumstances, slavery was so Invested by
a return to the place of birth and servitude
Lord Stowell went largely into the discussion of
this question, and, in conclusion, affirmed the
sentence of the court below. Nowhere in his
Opinion did he contest or question the point
settled by Lord Mansfield, or any Opinions ex.
pressed by that eminent Judgeint the Somerset
he held that the voluntary return Of
Grace to the place of her birth and servitude,
revived her slavery. This was bad enough,
but nowhere does he say or intimate that Negro
Slavery had been recognised in England by the
Common Law, that it had ever been there
lawful institution that Chief Ju0t;oa MonoGalJ
had subverted the Common Law" had sub
Verted the entire previous jurisprudence Of
England, by judicial Legislation" and thai his
decision had been prompted by the esprit Of
!" and yet, in making these fragrant
charges, Mr.. Benjamin asserts that he is sus.
lained by Lord Stowell.
In his bold attempt to show that Negro Sls.
very was recognised by the Common Law Of
England, Mr.. Benjamin refers to the existence
Of vienage in that country, under the pro
lection of its law, down to the reign of James
III and he quotes from what he styles the
u celebrated argument of Hargrave, the great
lawyer, who was counsel for the slave in the
Somerset case," to show that villenage wss
IN all essential points, nothing but Slavery. &
1t SO happens that large portion of this cee-
brated argument is directed to show that the +
avs and usages in relation to vilensge were &
Of such nature as to promote its extinction +
discourage its revival, and forever to prohibit Il
he introduction of any new Slavery.
If we had the time and space, we could fll
Dur columns with quotations, demonstrating \
his proposition.