Somerset v Stewart, (1772) 98 ER 499, (1772) 20
Citation:Somerset v Stewart, (1772) 98 ER 499, (1772) 20
Rule of thumb:Is slavery allowed in England? No, it is a long held in England that the right against servitude against excessive working conditions is a human right in England, and that slavery is a violation of this right.
Judgment:
This case confirmed that holding slaves was a violation of the Constitution and could only be introduced with clear legislative intent – described as odious. The basic facts of this case were that Someset was an enslaved Africa taken over to America for sale as a slave. Stewart, an Englishmen, bought Stewart when he was in Boston and took him back to England with him. Somerset was baptised as a Christian in England, and had 3 English Godparents. Somerset escaped from Stewart’s residence and was on a ship to Jamaica. Stewart had Somerset imprisoned on the ship with a view to selling Somerset on. Somerset’s Godparents petitioned the Court for Somerset to be released. The Court held that slavery was so abhorrent to fundamental rights that Somerset should be released and so indeed Somerset was released and allowed to carry on back to Jamaica.
Ratio decidendi:
‘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 (statute), 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.
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