Page:A memoir of Granville Sharp.djvu/21

Rh mainly upon the inconvenience, absurdity and injustice of divesting a man of his rightful property!! only because he sailed, in pursuit of his lawful business, from one country to another!!

The cause was adjourned to the 21st. The confidence of Lord Mansfield, in York and Talbot's judgment, was plainly shaken; but his leaning was yet clearly to their opinion.

On the 21st the trial was resumed, and Mr. Dunning supported the claims of despotism. Confounding the relation of master and servant, with the relation of master and slave, he insisted upon the universal and indispensable necessity of that relation. Mr. Davy replied, and tore his cobweb to pieces.

Lord Mansfield delayed judgment, and twice threw out a suggestion, "that the master might put an end to the present litigation by manumitting the slave;" but the base suggestion was providentially not attended to. The judgment was demanded; and the judgment was given on Monday, 22d June, 1772. After much lawyer-like circumlocution, Lord Mansfield decided as follows:

"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; (tracing the subject to natural principles, the claim of slavery never can be supported.) The power claimed by this return, never was in use here. We cannot say the cause set forth by this return, is allowed or approved of by the laws of this kingdom, and therefore the man must be discharged." Here some important facts and observations present themselves. In this case, we have 1st. a most instructive and delightful instance of the power of truth—and of the impartial justice of British law. The iniquitous web of legality is unwoven. The perversions of legislation, originating in the highest authorities, supported by the greatest names, defended by a powerful faction and assented to by almost every body, are detected and swept away. Law, ceasing to frame mischief, is restored to its own wholesome