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Considerations on the Negroe Cause Commonly So Called, Addressed to the ...
Samuel or Estwick,William Murray Earl of Mansfield
Недоступно для просмотра - 2018
acts of parliament admitted Africa allowed already alſo America appears argument authority beaſts becauſe become called caſe cauſe charter claimed colonies common condition conſidered contrary courſe Court Crown debts difference diſtinction diſtinguiſhed effect enacted eſtabliſhment eſtates exiſtence extended fact firſt force foundation given granted groes ground Habeas Corpus head hope human idea itſelf Judge judgment kind King kingdom known land laws of England learned leaſt Legiſlature leſs Lord Lordſhip matter means ment merchants moral moſt muſt nature neceſſary Negroes objection obſerved opinion owners particular perceives perhaps perſon plantations political preſent principles prove purpoſe queſtion reaſon received remain reſpect reſt royal ſaid ſame ſay ſeem ſhall ſhould ſlave ſlavery ſome Somerſet ſpeaking ſpecies ſtate ſtatute Steuart ſubject ſuch taken Talbot themſelves theſe thing thoſe tion trade trade to Africa truth uſe whole writ
Стр. 78 - I am apt to suspect the negroes, and in general all the other species of men (for there are four or five different kinds) to be naturally inferior to the whites. There never was a civilized nation of any other complexion than white, nor even any individual eminent either in action or speculation.
Стр. 65 - But if the Parliament will positively enact a thing to be done which is unreasonable, I know of no power in the ordinary forms of the constitution that is vested with authority to control it : and the examples usually alleged in support of this sense of the rule do none of them prove that where the main object of a statute is unreasonable the judges are at liberty...
Стр. 49 - An Englishman who removes to France, or to China, owes the same allegiance to the king of England there as at home, and twenty years hence as well as now. For it is a principle of...
Стр. x - The state of slavery is of such a nature, that it is incapable of being now introduced by courts of justice upon mere reasoning, or inferences from any principles natural or political; it must take its rise from positive law, the origin of it can in no country or age be traced back to any other source. Immemorial usage preserves the memory of positive law long after all traces of the...
Стр. 63 - that a slave by coming from the West Indies, either with or without his master, to Great " Britain or Ireland, doth not become free, and that his master's property or right in him " is not thereby determined or varied ; and baptism doth not bestow freedom on him, nor " make any alteration in his temporal condition in these kingdoms.
Стр. xi - Cafe fo odious as the condition of flaves muft be, taken ftriftly, the power claimed by this return was never in ufe here : no matter ever was allowed here to take a Have by force to be fold abroad becaufe he had deferted from his fervice, or for any other reafon whatever ; we cannot fay, the Caufe fet forth by this return is allowed or approved of by the laws of this kingdom, and therefore the man muft be difcharged.
Стр. x - ... or inferences from any principles natural or political; it must take its rise from positive law, the origin of it can in no country or age be traced back to any other source. Immemorial usage preserves the memory of positive law long after all traces of the occasion, reason, authority, and time of its introduction, are lost, and in A CASE SO ODIOUS AS THE CONDITION OF SLAVES MUST BE TAKEN STRICTLY.
Стр. 79 - In JAMAICA indeed they talk of one negroe as a man of parts and learning; but 'tis likely he is admired for very slender accomplishments like a parrot, who speaks a few words plainly.
Стр. viii - ... to the following effect: he faid, that trover would lay for a negro flave: that a notion prevailed, that if a flave came into England, or became a Chriftian, he there became emancipated; but there was no foundation in law for fuch 3.