more severe than he conceived fit to be publicly made, he prefixed to the copy given to his counsel the following note :

"Mem.-These remarks are merely intended to prevent this trial from being quoted as a precedent, and not to injure the character of the Judge; and therefore, as they are only in the hands of the counsel for James Somerset, the author requests that they may not be mentioned, or shown, to any person not immediately concerned in this cause, unless the same reason should make it absolutely necessary. For the severity of the censures herein contained could not be avoided, when facts of such a nature are mentioned; and therefore, as the point in question is a public cause, the author would be extremely sorry that there should be the least appearance of private resentment, by making these remarks more public than is absolutely necessary for the purpose intended."

The leading counsel was Mr. Serjeant Davy, who brought the case into court before Lord Mansfield on the 24th of January, but professed the cause to be of so high importance, that he requested it might be deferred till another term, in order to give him time to prepare fully for its support. This request Lord Mansfield declined granting, and fixed the hearing for that day fortnight; apprizing Serjeant Davy at the same time, that, "if it should come fairly to the general question, whatever the opinion of the Court might be, even if they were all agreed on

one side or the other, the subject was of so general and extensive concern, that, from the nature of the question, he should certainly take the opinion of all the Judges upon it."

From this declaration, Mr. Sharp felt that he should have to contend with all the force that could be brought against him. But his resolution was not to be shaken; though his naturally unobtrusive character, and his knowledge of human nature, taught him thenceforward to avoid the appearance of regular attendance in the court, and indeed of any degree of interference whatever in the causé itself, that he might in no wise irritate a Judge whom he conceived to be prepossessed against his attempt.

Fortunately for him in this severe struggle, his exertions on a point of so deep and important an interest had begun not only to awaken the sympathy, but to attract the aid, of men of enlightened minds. It is grateful to remark, that on the present occasion he received the most generous offers of professional assistance.

"Dear Sir,

To Granville Sharp, Esq.

"Lincoln's Inn, Jan. 25, 1772. "I am informed by a friend, that yesterday the great question concerning the powers of a master over his Negro Slaves after arrival in this country, was argued in the Court of King's Bench, on the return to a Habeas Corpus. The interest which you, from motives of generosity and

3

humanity, formerly took in a question of this sort, renders it probable that you may be acquainted with the circumstances of the case I have mentioned. If you are, and continue to interest yourself in the question, I shall be very ready to communicate any arguments that occur to me on the subject, with as much pleasure as if I had been retained as one of the counsel in the cause. On a former occasion, I did in a hasty way commit to writing some

They are too

heads of argument, and sent them to you. loose and inaccurate to bear a critical examination; but I have since thought upon the subject with more precision; and, though I should be sorry to have my former communication made known to any but yourself (and therefore must request you to suppress it), yet I now shall be willing to send you a general idea of the manner in which I think the subject should be treated, expressed with more precision and caution than my former communication.”

This letter was from Mr. Francis Hargrave, then rising into reputation, and since well known for his publication of the State Trials; and it is observable, from the tenor of his letter (and still more strongly from the following reply), that, although Granville directed the whole of the prosecution in behalf of Somerset, he did not profess, nor even acknowledge, his concern in it, to any but those who acted immediately with himself.

"Dear Sir,

G. S. to Mr. Hargrave.

"Old Jewry, 26th Jan. 1772.

"I think myself greatly obliged to you for your kind offer of communicating to me the arguments which have

occurred to you on the subject of slavery in England. The particular case, in which my brother and myself were parties, is now at an end; so that I am no more concerned at present than every other man is in reality, or at least ought to be, for the general cause of humanity; for I apprehend, that the honour or degradation of human nature greatly depends upon the present question.

"I have enclosed a little Appendix to my former treatise on this subject, which I printed last week, in order to send to the Judges previous to the question on Friday last: though, indeed, having been written on account of a former case, tried last year in the King's Bench, it will not perhaps be understood, except by Lord Mansfield himself and those who knew the merits of that case: for I have given no names, but only hinted at facts as if they were mere suppositions drawn up for argument's-sake. This method I chose, because I have no dislike to the person of any man, but merely to the actions or opinions of men, where I conceive them to be wrong, and which I can more freely censure than the authors of them, without fear of occasioning any personal injury.

"The case I referred to was the King and Thomas Lewis (a Negro) against Stapylton and others. The Jury brought their verdict, That the Negro was no property, and that the defendants were guilty of the indictment. This verdict Lord Mansfield himself approved three times expressly, and yet afterwards refused to give judgment, on account of a doubt in his mind. I have, however, the satisfaction to find, by the minutes of what passed on last Friday, that Lord Mansfield then expressed himself more cautiously upon the point than formerly, and that he even

* A farther account of this circumstance is found in a letter from G. S. to Sir J. Banks, February 20, 1772.

went so far as to drop some hints of favourable wishes for the cause of the Negro.

If his Lordship should ingenuously give up his former opinion, I shall most readily forgive him what is past; nay, I shall honour him for being so open to conviction. Nevertheless, I apprehend that arguments from any other hand than mine will be more acceptable, and, consequently, more efficacious at present; and therefore I can only thank you again sincerely for your obliging offer of communication; but at the same time, let me privately request you to make known your arguments (which I am sure, from what I have already seen, will be much to the purpose) either to the Court of King's Bench, or to your brethren, the professors of law in general,—or in whatever manner you think they will have most success.

"The bearer, James Somerset, is the unfortunate Negro whose cause is now before the Court; and in whatever manner you can best serve him, either as one of his counsel, to assist Serjeant Davy, or as his advocate in print (I mean in respect to the general question), you will certainly do a great act of private charity, as well as a public good. The hint, which I have already given you about Lord Mansfield's behaviour on Friday, will convince you, that arguments on this point cannot be produced at a more critical or more favourable time than the present.

"Enclosed, I send you the opinion of Lord Chief Justice De Grey, which he would not permit me to print, because it was given on a private case; but he acknowledged it to be his opinion, and that he was then (1769) of the same opinion*. If you desire the notes of what passed on Friday, I shall most willingly communicate them

* Namely, That there could be no property in the person of a Slave by the laws of this country.