Page:The History of Slavery and the Slave Trade.djvu/177

 and others, and fearing a prosecution, let his prisoner go, leaving him to be conveyed away by Mr. Sharp.

Mr. Sharp, having been greatly affected by this case, and foreseeing how much he might be engaged in others of a similar nature, thought it time that the law of the land should be known upon this subject. He applied therefore to Doctor Blackstone, afterwards Judge Blackstone, for his opinion upon it. He was, however, not satisfied with it, when he received it; nor could he obtain any satisfactory answer from several other lawyers, to whom he afterwards applied. The truth is, that the opinion of York and Talbot, which had been made public and acted upon by the planters, merchants, and others, was considered of high authority, and scarcely any one dared to question the legality of it. Ill this situation, Mr. Sharp saw no means of help but in his own industry, and he determined immediately to give up two or three years to the study of the English law, that he might the better advocate the cause of these miserable people. The result of these studies was the publication of a book, in the year 1769, which he called "A Representation of the Injustice and dangerous Tendency of Tolerating Slavery in England." In this work he refuted, in the clearest manner, the opinion of York and Talbot. He produced against it the opinion of the Lord Chief Justice Holt, who many years before had determined that every slave coming into England became free. He attacked and refuted it again by a learned and laborious inquiry into all the principles of villenage. He refuted it again, by showing it to be an axiom in the British constitution, "That every man in England was free to sue for and defend his rights, and that force could not be used without a legal process," leaving it to the judges to determine whether an African was a man. He attacked, also, the opinion of Judge Blackstone, and showed where his error lay. This book, containing these and other arguments on the subject, he distributed, but particularly among the lawyers, giving them an opportunity of refuting or acknowledging the doctrines it contained.

While Mr. Sharp was engaged in this work, another case offered, in which he took a part, This was in the year 1768. Hylas, an African slave, prosecuted a person of the name of Newton for having kidnapped his wife, and sent her to the West Indies. The result of this trial was, that damages to the amount of a shilling were given, and the defendant was bound to bring back the woman, either by the first ship, or in six months from this decision of the court.

But soon after the work just mentioned was out, and when Mr. Sharp was better prepared, a third case occurred. This happened in the year 1770. Robert Stapylton, who lived at Chelsea, in conjunction with John Malony and Edward Armstrong, two watermen, seized the person of Thomas Lewis, an African slave, in a dark night, and dragged him to a boat lying in the Thames; they then gagged him, and tied him with a cord, and rowed him down to a ship, and put him on board to be sold as a slave in Jamaica. This action took place near the garden of Mrs. Banks, the mother of Sir Joseph Banks. Lewis, it appears, on being seized, screamed violently. The servants of Mrs. Banks,