The History of the Rise, Progress and Accomplishment of the Abolition of the African Slave-Trade, by the British Parliament (1839) by Thomas Clarkson
page 82 of 763 (10%)
page 82 of 763 (10%)
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presence of the lord mayor 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 Dr. 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. In 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 valuable book, containing these and other kinds of arguments on the |
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