Part 3

These cases, however, did not decide the wide question, whether it was lawful to hold property in negroes in this country. It came at last to be solemnly decided in 1771, on a habeas corpus in the King's Bench. Affidavits having been made before Lord Mansfield, that a coloured man, named Somerset, was confined in irons on board a vessel called the _Ann and Mary_, bound for Jamaica, he granted a habeas corpus against the captain, to compel him to give an account of his authority for keeping the man in custody. Somerset had been a slave in Virginia, the property of a Mr Stewart; and the captain of the vessel stated that the owner had put him on board, to be conveyed to Jamaica, and there sold. In what was called the return to the writ, the justification for keeping Somerset in restraint was thus quaintly stated:--'That at the time of bringing the said James Somerset from Africa, and long before, there were, and from thence hitherto there have been, and still are, great numbers of negro slaves in Africa; and that during all the time aforesaid, there hath been, and still is a trade, carried on by his majesty's subjects from Africa, to his majesty's colonies or plantations of Virginia and Jamaica, in America, and other colonies and plantations belonging to his majesty in America, for the necessary supplying of the foresaid colonies and plantations with negro slaves.' It proceeded to relate with the same verbosity, that the slaves so brought from Africa 'have been and are saleable and sold as goods and chattels; and upon the sale thereof, have become, and been, and are, the slaves and property of the purchasers thereof.' It was stated that Mr Stewart, who resided in Virginia, had Somerset as a domestic slave or valet--that having business to transact in London, he took his usual attendant there, intending to take him back to Virginia. Somerset, however, made his escape; and when he was apprehended, his master, probably believing that he would thenceforth be rather a troublesome valet, changed his intention, and put the negro into the hands of the captain of a vessel bound for Jamaica, that he might be sold there.

The pleadings upon the legality of this proceeding were solemn and full. The question was, Whether it was to be held a just inference, from the fact of the slave, being undoubtedly by the law of the day property in the colonies, that, while his colonial master made a temporary stay in Britain, he should be property there also, without any direct law to that effect. Had it been a question of inanimate goods, there would be no reason why the property should not continue in the colonial owner. It would be all one to the inanimate object what hands it was in, and regularity and justice would decree that the person who was owner of it in one country should be so in another. But in these cases there was a separate adverse interest of a very strong character. Was the uniformity of this right of possession sufficient to overrule another right--that which every man, black or white, had to the freedom of his own person, unless there was special law to restrain it? The counsel for the negro not only pleaded strongly on this his personal right, but on the consequence to the moral condition of the British Empire, if the inhabitants of slave countries could bring their slaves hither. From the strictness of the laws, and the uniformity of the course of justice, if slaves were permitted in England, it was the very place where property in them would be most secure. Thus the country might become a resort of slaveholders, and its boasted purity and freedom would be sadly contaminated. 'If that right,' said Mr Hargrave, 'is here recognised, domestic slavery, with its horrid train of evils, may be lawfully imported into this country, at the discretion of every individual, foreign and native. It will come not only from our own colonies, and those of other European nations, but from Poland, Russia, Spain, and Turkey--from the coast of Barbary, from the western and eastern coasts of Africa--from every part of the world where it still continues to torment and dishonour the human species.'

The counsel on the other side was the celebrated Mr Dunning, afterwards Lord Ashburton, a friend of freedom, who seems to have undertaken the cause on notions of professional duty, and without any great inclination for it. His first words were: 'It is incumbent on me to justify Captain Knowles's detainer of the negro.' He was careful to shew, that he did not in the meantime maintain that there was an absolute property in Somerset--it was sufficient to shew, that there was a sufficient presumption of property to authorise the shipmaster in detaining him until the absolute question of right was solemnly settled. He proceeded to say: 'It is my misfortune to address an audience, the greater part of which I fear are prejudiced the other way. But wishes, I am well convinced, will never be allowed by your lordships to enter into the determination of the point. This cause must be what in fact and law it is. Its fate, I trust, therefore, depends on fixed and variable rules, resulting by law from the nature of the case. For myself, I would not be understood to intimate a wish in favour of slavery by any means; nor, on the other side, to be supposed the maintainer of an opinion contrary to my own judgment. I am bound in duty to maintain those arguments which are most useful to Captain Knowles, as far as is consistent with truth; and if his conduct has been agreeable to the laws throughout, I am under a further indispensable duty to support it.'

Much reference was made to the ancient laws of villenage, or semi-slavery, in Britain. Mr Dunning maintained, that these were testimony that a slave was not an utter anomaly in the country. The class of villeins had disappeared, and the law regarding them was abolished in the reign of Charles II. But he maintained, that there was nothing in that circumstance to prohibit others from establishing a claim upon separate grounds. He said: 'If the statute of Charles II. ever be repealed, the law of villenage revives in its full force.' It was stated that there were in Britain 15,000 negroes in the same position with Somerset. They had come over as domestics during the temporary sojourn of their owner-masters, intending to go back again. Then it was observed, that many of the slaves were in ships or in colonies which had not special laws for the support of slavery; and by the disfranchisement of these, British subjects would lose many millions' worth of property, which they believed themselves justly to possess.

British justice, however, has held at all times the question of human liberty to be superior to considerations of mere expediency. If the question be, who gains or loses most, there never can be a doubt that the man whose freedom has been reft from him has the greatest of all claims for indulgence. Accordingly, Lord Mansfield, the presiding judge, looking in the face all the threatened evils to property, held that nothing but absolute law could trench on personal freedom. He used on the occasion a Latin expression, to the effect that justice must be done at whatever cost; it has found its way into use as a classical expression, and as no one has been able to find it in any Latin author, it is supposed to have been of Lord Mansfield's own coining. 'Mr Stewart,' he said, 'advances no claims on contract; he rests his whole demand on a right to the negro as slave, and mentions the purpose of detainure of him to be the sending him over to be sold in Jamaica. If the parties will have judgment, _fiat justitia ruat coelum_--Let justice be done whatever be the consequence.' In finally delivering judgment, he concluded in these simple but expressive terms: '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, occasion, and time itself, for which it was created, are 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.'

A few years afterwards--in 1778--a case occurred in Scotland, where the question of a master's rights over a negro slave in Britain was at issue. The right claimed in this case, however, was not of so offensive a nature. The master did not claim the power of seizing the negro as his property. He maintained, however, that their mutual position gave him a right to claim the negro's services, as if he had engaged himself as a servant for life. Mr Wedderburn had bought in Jamaica a negro named Knight, about twelve years old. He came to Scotland as Mr Wedderburn's personal servant, married in the country, and for some years seemed contented with his position. Probably at the suggestion of some one who wished to try the question, as it had been tried in England, Knight went off, avowing his intention of being free. Mr Wedderburn applied to a justice of peace, who at once issued a warrant for the negro's apprehension. The matter, however, came before the sheriff, a professional judge, who decided that the colonial laws of slavery do not extend to Scotland, and that personal service for life is just another term for slavery. After a tedious litigation, this view was affirmed by the Court of Session, and the negro was declared free. The case acquired notice from the interest taken in it by Dr Johnson, and the frequent mention of it in Boswell's well-known work.

THE OLD HOUSEKEEPER'S TALE.

After my good and excellent mistress, Mrs Dacre, departed this life for a better, it seemed as if nothing ever prospered in the family, whom I had the honour of serving in the capacity of confidential housekeeper. Mr Dacre became morose and careless of his affairs; his sons were a source of great misery to him, pursuing a course of reckless extravagance and heartless dissipation; while the five young ladies--the youngest of whom, however, had attained the age of twenty-four--cared for little else than dress, and visiting, and empty show. These five young ladies had not amiable dispositions or gentle manners; but they were first-rate horsewomen, laughed and talked very loud, and were pronounced fine dashing women. There was another member of the family, an orphan niece of my master's, who had greatly profited by my lamented lady's teaching and companionship. Miss Marion had devoted herself to the sick-room with even more than a daughter's love; and for two years she had watched beside the patient sufferer, when her more volatile and thoughtless cousins refused to credit the approach of death. Miss Marion had just entered her twentieth year; life had not been all summer with her; for she remembered scenes of privation and distress, ere the decease of her parents left her, their only child, to the care of affluent relatives. She was a serious and meek, but affectionate creature; of a most goodly countenance and graceful carriage; and I used sometimes to think that the Misses Dacre were jealous of the admiration she excited, and kept her in the background as much as possible. It was not difficult to do this, for Miss Marion sought and loved retirement. After Mrs Dacre's decease, she had expressed an urgent wish to earn her bread by filling the situation of a governess. But the pride of the Dacres revolted at this; besides, Miss Marion was a comfort to her uncle, when his daughters were absent or occupied. So the dear young lady gave up her own wishes, and strove to do all she could for her generous benefactor, as she was wont to call my master.

Circumstances, which it were needless to detail, except to say that, although I had served _one_ mistress satisfactorily, I found it impossible to serve _five_, determined me to resign the situation I had creditably filled for so many years. I deeply grieved to leave my beloved Miss Marion; and she, sweet, humble soul, on her part, yearned towards me, and wept a farewell on my bosom. I betook myself, in the first instance, to my brother Thomas Wesley and his wife--a worthy couple without children, renting a small farm nearly a hundred miles off. A very pleasant, small farm it was, situated in a picturesque valley, through which tumbled and foamed a limpid hill-stream, washing the roots of fine old trees, and playing all sorts of antics. This valley was a resort of quiet anglers, and also of artists during the summer season; and Thomas and Martha Wesley often let a neat parlour and adjoining bedroom to such respectable, steady people as did not object to observe the primitive hours and customs enforced at Fairdown Farm. Here I enjoyed the privilege of writing to, and hearing from, my dear Miss Marion; and though she never complained, or suffered a murmur to escape her, yet from the tenor of her letters I had great cause to fear things were all going very wrong at Mr Dacre's, and that her own health, always delicate, was giving way beneath the pressure of anxiety and unkindness.

In less than six months after I had quitted the family, a climax, which I had long anticipated with dread, actually arrived. Mr Dacre, suddenly called to his account, was found to have left his temporal affairs involved in inextricable and hopeless ruin; and amid the general crash and desolation, who was to shield or befriend the poor dependent, the orphan niece, Miss Marion? She was rudely cast adrift on the cold world; her proffered sympathy and services tauntingly rejected by those who had now a hard battle to fight on their own account. Broken down in health and spirits, the poor young lady flew to me, her humble, early friend, gratefully and eagerly availing herself of Thomas Wesley's cordial invitation, to make his house her home for the present.

My brother was a kind-hearted, just man; he had once been to see me when I lived at Mr Dacre's; and that gentleman, in his palmy days, was truly hospitable and generous to all comers. Thomas never forgot his reception, and now he was a proud and happy man to be enabled thus to offer 'a slight return,' as he modestly said, to one of the family. With much concern we all viewed Miss Marion's wan and careworn looks, so touching in the young; 'But her dim blue een will get bright again, and she'll fill out--never fear,' said Martha Wesley to me, by way of comfort and encouragement, 'now we've got her amongst _us_, poor dear. I doubt those proud Misses Dacre were not over-tender with such a one as sweet Miss Marion'----

'Dame, dame, don't let that tongue of thine wag so fast,' interrupted Thomas, for he never liked to hear people ill spoken of behind their backs, though he would speak out plainly enough to everybody's face.

A few days after Miss Marion's arrival at Fairdown (it was just at the hay-making season, and the earth was very beautiful--birds singing and flowers blooming--soft breezes blowing, and musical streamlets murmuring rejoicingly in the sunshine), a pedestrian was seen advancing leisurely up the valley, coming in a direction from the neighbouring town--a distance, however, of some miles, and the nearest point where the coach stopped. The stranger, aided in his walk by a stout stick, was a short, thickset, elderly man, clad in brown habiliments from head to foot: a brown, broad-brimmed beaver, an antiquated brown spencer (a brown wig must not be omitted), brown gaiters, and brown cloth boots, completed his attire. His linen was spotless and fine, his countenance rubicund and benevolent; and when he took off his green spectacles, a pair of the clearest and honestest brown eyes ever set in mortal's head looked you full in the face. He was a nice, comfortable-looking old gentleman; and so Thomas and I both thought at the same moment--for Martha was out of the way, and I shewed the apartments for her; the stranger, who gave his name as Mr Budge, having been directed to our house by the people of the inn where the coach stopped, who were kin to Martha, and well-disposed, obliging persons.

Mr Budge said he wanted quietness for some weeks, and the recreation of fishing; he had come from the turmoil of the great city to relax and enjoy himself, and if Thomas Wesley would kindly consent to receive him as a lodger, he would feel very much obliged. Never did we listen to so pleasant and obliging a mode of speaking; and when Mr Budge praised the apartments, and admired the country, the conquest of Thomas's heart was complete. 'Besides,' as Martha sagaciously remarked, 'it was so much better to have a steady old gentleman like this for a lodger, when pretty Miss Marion honoured them as a guest.' I thought so too; my dear young lady being so lone and unprotected by relatives, we all took double care of her.

So Mr Budge engaged the rooms, and speedily arrived to take possession, bringing with him a spick-and-span new fishing-rod and basket. He did not know much about fishing, but he enjoyed himself just as thoroughly as if he did; and he laughed so good-humouredly at his own Cockney blunders, as he called them, that Thomas would have been quite angry had any one else presumed to indulge a smile at Mr Budge's expense. A pattern lodger in all respects was Mr Budge--deferential towards Martha and myself, and from the first moment he beheld Miss Marion, regarding her as a superior being, yet one to be loved by a mortal for all that. Mr Budge was not a particularly communicative individual himself, though we opined from various observations, that, although not rich, he was comfortably off: but somehow or other, without appearing in the least inquisitive, he managed to obtain the minutest information he required. In this way, he learned all the particulars respecting Miss Marion; and gathered also from me, my own desire of obtaining a situation, such as I had held at Mr Dacre's, but in a small and well-regulated household. As to Miss Marion, the kind old gentleman could never shew kindness enough to her; and he watched the returning roses on her fair cheeks with a solicitude scarcely exceeded by mine. I never wondered at anybody admiring and loving the sweet, patient girl; but Mr Budge's admiration and apparent affection so far exceeded the bounds of mere conventional kindness in a stranger, that sometimes I even smilingly conjectured he had the idea of asking her to become Mrs Budge, for he was a widower, as he told us, and childless.

Such an idea, however, had never entered Miss Marion's innocent heart; and she, always so grateful for any little attention, was not likely to receive with coldness those so cordially lavished on her by her new friend, whom she valued as a truly good man, and not for a polished exterior, in which Mr Budge was deficient. Nay, so cordial was their intimacy, and so much had Miss Marion regained health and cheerfulness, that with unwonted sportiveness, on more than one occasion she actually hid the ponderous brown snuff-box, usually reposing in Mr Budge's capacious pocket, and only produced it when his distress became real; whereupon he chuckled and laughed, as if she had performed a mighty clever feat, indulging at the same time, however, in a double pinch.

Some pleasant weeks to us all had thus glided away, and Miss Marion was earnestly consulting me about her project of governessing, her health being now so restored; and I, for my part, wanted to execute my plans for obtaining a decent livelihood, as I could not think of burdening Thomas and Martha any longer, loath as they were for me to leave them. Some pleasant weeks, I say, had thus glided away, when Mr Budge, with much ceremony and circumlocution, as if he had deeply pondered the matter, and considered it very weighty and important, made a communication which materially changed and brightened my prospects. It was to the effect, that an intimate friend of his, whom he had known, he said, all his life, required the immediate services of a trustworthy housekeeper, to take the entire responsible charge of his house. 'My friend,' continued Mr Budge, tapping his snuff-box complacently, his brown eyes twinkling with the pleasure of doing a kind act, for his green specs were in their well-worn case at his elbow--'My friend is about my age--a sober chap, you see, Mrs Deborah; 'here a chuckle--'and he has no wife and no child to take care of him'--here a slight sigh: 'he has lately bought a beautiful estate, called Sorel Park, and it is there you will live, with nobody to interfere with you, as the lady-relative who will reside with my friend is a most amiable and admirable young lady; and I am sure, Mrs Deborah, you will become much attached to her. 'By the by, Mrs Deborah,' he continued, after pondering for a moment, 'will you do me a favour to use your influence to prevent Miss Marion from accepting any appointment for the present, as after you are established at Sorel Park, I think I know of a home that may suit her?'

I do not know which I felt most grateful or delighted for--my own prospects, or my dear Miss Marion's; though certainly hers were more vague and undefined than mine, for the remuneration offered for my services was far beyond my expectation, and from Mr Budge's description of Sorel Park, it seemed to be altogether a place beyond my most sanguine hopes. I said something about Miss Marion, and my hope that she might be as fortunate as myself; and Mr Budge, I was happy to see, was quite fervent in his response. 'My friend,' said he, at the close of the interview, 'will not arrive to take possession of Sorel Park until you, Mrs Deborah, have got all things in order; and as I know that he is anxious for the time to arrive, the sooner you can set out on your journey thither the better. I also must depart shortly, but I hope to return hither again.' Important business required Mr Budge's personal attention, and with hurried adieus to us all, he departed from Fairdown; and in compliance with his request, I set off for Sorel Park, leaving my beloved Miss Marion to the care of Thomas and Martha for the present.

The owner of this fine place was not as yet known there; for Mr Budge, being a managing man, had taken everything upon himself, and issued orders with as lordly an air as if there was nobody in the kingdom above the little brown man. The head-gardener, and some of the other domestics, informed me they had been engaged by Mr Budge himself, who, I apprehended, made very free and busy with the concerns of his friend. Sorel Park was a princely domain, and there was an air of substantial comfort about the dwelling and its appointments, which spoke volumes of promise as to domestic arrangements in general. I soon found time to write a description of the place to Miss Marion, for I knew how interested she was in all that concerned her faithful Deborah; and I anxiously awaited the tidings she had promised to convey--of Mr Budge having provided as comfortably for her as he had for me. I at length received formal notification of the day and hour the owner of Sorel Park expected to arrive, accompanied by his female relative. This was rather earlier than I had been led to expect; but all things being in order for their reception, I felt glad at their near approach, for I was strangely troubled and nervous to get this introduction over. I was very anxious, too, about my dear Miss Marion; for I knew that some weighty reason alone prevented her from answering my letter, though what that reason could be, it was impossible for me to conjecture.