Political

Somerset v Stewart

judgment of the English Court of King's Bench in 1772

Somerset v Stewart (1772) 98 ER 499 (also known as Sommersett v Steuart, Somersett's case, and the Mansfield Judgment) is a judgment of the English Court of King's Bench, relating to the right of a slave on English soil not to be forcibly removed from the country and sent to Jamaica for sale.

The action was commenced on behalf James Somerset, an enslaved African who had been purchased by Charles Stewart while he was in North America, at the time a British crown colony. On his return to England, Stewart brought Somerset with him. After continuing for some time in servitude in England, Somerset escaped. He was recaptured a few weeks later, and was imprisoned on a ship bound for the British colony of Jamaica, where he was to be sold on to a plantation owner. Friends of Somerset made an application in 1771 to the Court of King's Bench for a writ of habeas corpus, requiring the ship's captain to produce Somerset, and asking the court to determine whether his imprisonment was lawful.

Typically for the period, the actual text of the judgment was not published, other than being read out during the hearing, and has not survived; it is only known through third-party reports. According to one reported version of the case, Lord Mansfield decided that:

The state of slavery is of such a nature that it is incapable of being introduced on any reasons, moral or political, but only by positive law, which preserves its force long after the reasons, occasions, and time itself from whence it was created, is erased from memory. It is so odious, that nothing can be suffered to support it, but positive law. Whatever inconveniences, therefore, may follow from the decision, I cannot say this case is allowed or approved by the law of England; and therefore the black must be discharged.

Lord Mansfield found that to the extent that the laws of England and Wales had ever permitted slavery, those laws were superseded by later law or were otherwise defunct. This absence of a current English statute ("positive law") under which the court might remand someone as a slave proved decisive, as Mansfield refused to accept any other basis for the court to order something that he considered repugnant. The case was closely followed throughout the Empire, particularly in the thirteen American colonies, although the ruling had no direct or immediate effect outside Britain. Scholars have disagreed over precisely what legal precedent the Somerset case set.

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Text from the Wikipedia article “Somerset v Stewart”, available under CC BY-SA 4.0.

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