fame." Thus far, my Lord, do acts of parliament extend in the confirmation and establishment of this trade to Africa. I fhall now beg leave to cite one statute more, in order unquestionably to prove what the sense of the Legislature of this country is, with refpect to the state and condition of Negroes. This ftatute, my Lord, is the 5th of Geo. II. c. 7th, wherein (it being made for the more easy recovery of debts in His Majesty's plantations and colonies in America) it is enacted "that, "from and after the twenty-ninth day of September one thousand feven hundred "and thirty-two, the houses, lands, Negroes, " and other hereditaments and real estates, "fituate or being within any of the faid "plantations, belonging to any perfon in"debted, shall be liable to, and chargeable "with, all just debts, duties, and demands, " of what nature or kind foever, owing by any such person to His Majesty, or any of "his fubjects, and fhall and may be affets

66

for the fatisfaction thereof, in like manner

"as real eftates are by the law of Eng"land liable to the fatisfaction of debts "due by bond or other specialty, and shall "be fubject to the like remedies, proceed

ings, and process, in any court of law "or equity, in any of the faid plantations respectively, for feizing, extending, sell

66

ing, or difpofing, of any fuch houses, "lands, Negroes, and other hereditaments, "and real estates, towards the fatisfaction "of fuch debts, duties, and demands, in "like manner as perfonal estates in any of "the faid plantations refpectively are fei"zed, extended, fold, or difpofed of, for "the fatisfaction of such debts.”

Herein then, my Lord, is not to be found even the trace of an idea of flavery confidered as fuch by Parliament, among Negroes: but, on the contrary, what their legal ftate and condition is, is conceived and expreffed in terms fo plain and clear, fo explicit and precife, that the most sceptical cannot doubt the meaning, nor the moft fimple fail to understand it. They

are,

are, as houses, lands, hereditaments, and real estate, affets; and, in like manner as perfonal estate, to be difpofed of, for the payment of debts due to the King and his fubjects.

Upon this state and expofition then, mý Lord, of these feveral ftatutes, it would seem that I am well warranted, by their authority, in my idea, that the right which Mr. Steuart claims in the Negroe Somerset, is a right given him by act of parliament'; and confirmed in my propofition, that this is a cafe of property.

But, my Lord, in order fully to eftablish this doctrine, it may perhaps be expected, that I should not only fhew what the law is, but that I should prove alfo what the law is not; and this must neceffarily lead me to reafon fomewhat more closely on the fubject.

I am aware it may be objected, my Lord, that property in Negroes fo vefted, is a property created in Africa for the use and purpose of the colonies in America: from:

whence

whence a question will be deduced, Whe ther Negroes are property in England?

It appears, my Lord, that a trade is opened, with the fanction, and now under the protection of parliament, between the fubjects of Great Britain and the natives or inhabitants of Africa. The medium of this trade on the one hand are, manufactures, goods, wares, and other merchandize on the other, captive Negroes, of flaves; which, for thefe commodities, are given in barter and exchange. It will be allowed, I prefume, my Lord, that these British traders, or merchants, have an abfolute property in their merchandize; to truck and to traffic with this merchandize is the legal inftitution of the trade: it will be abfurd then to deny, that they have not an equal interest in the thing received, as they had in the thing given. To avoid this dilemma then, the objection recurs; that, in Africa they may have an intereft, in America they may have the fame, in Europe they have none: but affertion without proof, is argument without weight, F Where

Where is the law that has drawn this line of diftinction? Is there any act of parlia ment, or claufe of an act of parliament, that has fixed and defcribed the zones or climates wherein property in Negroes may be held, or where it may not be held? Until I am better informed, my Lord, I must take for granted, that no fuch law exifts; and if no fuch law does exist, the manifest conclufion is, that where property is once legally vefted, it must legally remain; until altered or extinguished by fome power coequal to that which gave it [d].

But

[d] Mr. Hargrave fays, in his argument, p. 67. "Another objection will be, that there are English acts of parliament, which give à fanction to the flavery of Negroes; and therefore that it is now lawful, whatever it might be antecedently to thofe ftatutes. The ftatutes in favour of this objection are the 5th of George II. ch. 7, which makes Negroes in America liable to all debts, fimple contract as well as fpecialty, and the ftatutes regulating the African trade, particuJarly the 23 Geo. II. ch. 31, which in the preamble recites that the trade to Africa is advantageous to Great Britain, and neceffary, for fupplying its colonies with Negroes. But the utmoft which can be faid of thefe

ftatutes