Page:The American Slave Trade (Spears).djvu/107

Rh ship or to provide in any way for the safety of the cargo retained on board. In short, if the slaves died of disease or from lack of water while on board the ship, the loss would fall on the ship; but if he threw overboard some of them so that he would have enough food and water to abundantly nourish those remaining, he could collect the price of those thrown into the sea from the underwriters.

Accordingly, one hundred and thirty-two of the most wretched slaves were brought on deck. Of these one hundred and twenty-two were thrown to the sharks that swarmed about the ship; but ten, seeing that they were to be thrown over, and that most of the sufferers were writhing in abject terror — these ten struggled to their feet, and, in spite of cramps and weakness, staggered to the rail and plunged over, that they might show the others how to die.

The underwriters refused to pay, however; the case went to court,and the jury decided in favor of the ship. Solicitor-General J. Lee refused to carry the case to a higher court. He said the master had "an unquestionable right" to throw the slaves into the sea.

"This is a case of goods and chattels," said he. "It is really so; it is a case of throwing over goods; for to this purpose, and the purpose of insurance, they are goods and property."

The insurers appealed the case, and the court above, Lord Mansfield, presiding, in spite of the plain mandate of statute — disregarding the obvious meaning of the laws, with the making of which he had nothing to do — yielded to his sense of humanity, decided according to "the higher law," and said, "It is a very