'Somerset Case’, Encyclopaedia of Blacks in European History and Culture (2008), Vol. II, pp. 504-505.
In the Somerset case of 1772, William Murray, Lord Chief Justice Mansfield, ruled that it was unlawful for Charles Stewart, a Boston, Massachussets, customs official, to transport James Somerset, an African he had bought in Virginia, forcibly out of England. The decision was popularly taken to mean that slavery was illegal in England, but Mansfield had only meant to give a narrow judgement, and even that was not enforced.
James Somerset came to England from Boston in November 1769 with his master Charles Stewart, who had purchased him in Virginia. Somerset was baptized on 12 February 1771 at St.Andrew’s Holborn. He left his master, but on 26 November 1771, was kidnapped and put on board the Ann and Mary, a ship bound for Jamaica under Captain John Knowles, to be sold. Two days later, however, his godparents Thomas Walkin, Elizabeth Cade and John Marlow obtained a writ of habeus corpus (which protects the individual from arbitrary imprisonment), and Somerset enlisted Granville Sharp (1735-1815), a known sympathizer to the plight of slaves, to the cause.
The case first came to court on 7 February 1772. Judgement was given on 22 June. Somersett’s case was pleaded by William Davy, John Glynne, Francis Hargrave, James Mansfield and John Alleyne. They were opposed by John Dunning and William Wallace, whose services were funded by the West India interest. It was argued that since the expiration of villeinage, no positive law relating to slavery existed in England and the law of Virginia was not applicable in England. Furthermore, Somerset could not be accused of breach of contract, because contract law required the two parties to be free to make the agreement. The case attracted much popular attention, as evinced by the many newspaper reports and the crowds that flocked to Westminster Hall to hear the proceedings.
Lord Mansfield was reluctant to give judgement because of the ‘inconveniences’ that might ensue, given that there were thought to be 15,000 blacks in England at that time. He was careful in his final judgement to make a narrow decision that, since forcible removal from the country was illegal, Somerset should be discharged. Despite Mansfield’s best efforts, the case was reported in the press, and internationally, as ending slavery in England. About 200 black men and their ladies, who could afford a ticket price of 5 shillings, celebrated the event at an assembly at a public house in Westminster a few days later.
Some blacks were able to exploit the ruling to gain their freedom, such as one Mr. Dublin, who ran away from his master John Riddell of Bristol Wells, telling fellow servants that ‘he had received a letter from his Uncle Sommerset acquainting him that Lord Mansfield had given them their freedom & he was determined to leave’. Joseph Knight, whose case against his former master John Wedderburn resulted in the 1778 ruling that one could not be a slave in Scotland (which had a separate jurisdiction), had read about the Somerset case in the Edinburgh Advertiser and took it to mean he was a free man.
However, the Mansfield decision did not bring an end to slavery in England, however, as it was not enforced, even it its most narrow sense. Within a year, The London Chronicle was to report that an African (immortalized in Thomas Day’s poem ‘The Dying Negro’), shot himself in order to avoid being transported back to the colonies. Furthermore, as late as 1823, one Grace Jones was forcibly removed to Antigua by her mistress.
Further Reading:
F.Hargrave, An Argument in the case of James Somersett, A Negro, lately determined by the court of King’s Bench (1772).
F.O. Shyllon, Black Slaves in Britain (1974).
Steven. M. Wise, Though the Heavens May Fall: the Landmark Trial that led to the end of Human Slavery (2005).
See also my entry on: 'English Common Law, Slavery and', Encyclopaedia of Blacks in European History and Culture (2008),Vol. I, pp. 200-203.
James Somerset came to England from Boston in November 1769 with his master Charles Stewart, who had purchased him in Virginia. Somerset was baptized on 12 February 1771 at St.Andrew’s Holborn. He left his master, but on 26 November 1771, was kidnapped and put on board the Ann and Mary, a ship bound for Jamaica under Captain John Knowles, to be sold. Two days later, however, his godparents Thomas Walkin, Elizabeth Cade and John Marlow obtained a writ of habeus corpus (which protects the individual from arbitrary imprisonment), and Somerset enlisted Granville Sharp (1735-1815), a known sympathizer to the plight of slaves, to the cause.
The case first came to court on 7 February 1772. Judgement was given on 22 June. Somersett’s case was pleaded by William Davy, John Glynne, Francis Hargrave, James Mansfield and John Alleyne. They were opposed by John Dunning and William Wallace, whose services were funded by the West India interest. It was argued that since the expiration of villeinage, no positive law relating to slavery existed in England and the law of Virginia was not applicable in England. Furthermore, Somerset could not be accused of breach of contract, because contract law required the two parties to be free to make the agreement. The case attracted much popular attention, as evinced by the many newspaper reports and the crowds that flocked to Westminster Hall to hear the proceedings.
Lord Mansfield was reluctant to give judgement because of the ‘inconveniences’ that might ensue, given that there were thought to be 15,000 blacks in England at that time. He was careful in his final judgement to make a narrow decision that, since forcible removal from the country was illegal, Somerset should be discharged. Despite Mansfield’s best efforts, the case was reported in the press, and internationally, as ending slavery in England. About 200 black men and their ladies, who could afford a ticket price of 5 shillings, celebrated the event at an assembly at a public house in Westminster a few days later.
Some blacks were able to exploit the ruling to gain their freedom, such as one Mr. Dublin, who ran away from his master John Riddell of Bristol Wells, telling fellow servants that ‘he had received a letter from his Uncle Sommerset acquainting him that Lord Mansfield had given them their freedom & he was determined to leave’. Joseph Knight, whose case against his former master John Wedderburn resulted in the 1778 ruling that one could not be a slave in Scotland (which had a separate jurisdiction), had read about the Somerset case in the Edinburgh Advertiser and took it to mean he was a free man.
However, the Mansfield decision did not bring an end to slavery in England, however, as it was not enforced, even it its most narrow sense. Within a year, The London Chronicle was to report that an African (immortalized in Thomas Day’s poem ‘The Dying Negro’), shot himself in order to avoid being transported back to the colonies. Furthermore, as late as 1823, one Grace Jones was forcibly removed to Antigua by her mistress.
Further Reading:
F.Hargrave, An Argument in the case of James Somersett, A Negro, lately determined by the court of King’s Bench (1772).
F.O. Shyllon, Black Slaves in Britain (1974).
Steven. M. Wise, Though the Heavens May Fall: the Landmark Trial that led to the end of Human Slavery (2005).
See also my entry on: 'English Common Law, Slavery and', Encyclopaedia of Blacks in European History and Culture (2008),Vol. I, pp. 200-203.
