Despotism in America An Inquiry Into the Nature Results And Legal Basis of the

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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 ap proved by the law of England, and therefore the black must be discharged. " It is very true that this decision is limited in its terms to the case of persons claimed as slaves within the realm of England, that being the particular case before the court. It is also true that the counsel for Somerset, conscious of th...e pecuniary influence weigh ing against their client, and anxious to limit that influence as much as possible, were very careful not to question the legality of slavery in the colonies. But as all the colonial assemblies were specially re stricted, either by charter or the royal commissions under which they met and legislated, to the enactment of laws not repugnant to those of England, how could those assemblies be competent to legalize a condition, many of the consequences of which were pronounced by Lord Mansfield "absolutely contrary * to English law?

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