Skip to main content

Somerset v Stewart (1772) 98 ER 499

Wikipedia

  • Edit

Somerset v Stewart

Somerset v Stewart (1772) 98 ER 499(also known as Somersett's case, and inState Trials as v.XX Sommersett v Steuart) is a famous judgment of the Court of King's Bench in 1772, which held that chattelslavery was unsupported by the common law in England and Wales, although the position elsewhere in the British Empire was left ambiguous. Lord Mansfield decided that:
Somerset v Stewart
Am I not a man.jpg
CourtKing's Bench
Decided22 June 1772
Citation(s)(1772) 98 ER 499, (1772) 20 State Tr 1, (1772) Lofft 1
Case opinions
Lord Mansfield
Keywords
Slavery, abolition
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.[1]
Slavery had never been authorized by statute in England and Wales, and Lord Mansfield's decision found it also unsupported in common law. Lord Mansfield narrowly limited his judgment to the issue of whether a person, regardless of being a slave, could be removed from England against their will, and said they could not. Even this reading meant that certain property rights in chattel slaves were unsupported by common law. It is one of the most significant milestones in theabolitionist campaign.
Some historians believe the case contributed to increasing colonial support for separatism in the Thirteen Colonies of British North America, by parties on both sides of the slavery question who wanted to establish independent government and law.[2] The southern colonies wanted to protect slavery and expanded its territory dramatically in the decades after independence was won.[3][4]

Facts

Judgment

Significance

France and slavery

See also

Notes

References

External links

Comments

Post a Comment

Popular Posts

Image

March 23rd, 2023. By Nathan and Kenneth Maslow-Naed. Incomplete There seems to be some kind of human Hegemony Totem poll going on involving income support. The English are at the bottom. You have to comply with the UDHR Article 25 but what method in terms of amounts would you implement to comply; how much do you say you will pay your culture per citizen? Are you English? Are you Canadian? All human life matters. Have you watched the Real House Wives of Durban? I think I am worth as a South African about $50,000.00 USD per year. The sales tax will be....23% and the profiteers can get a whole percentage to themselves( 22% of sales tax daily for the people and the system to keep it going and 1% daily for the profiteers and they can continue to pretend that it is the people's bread or the people's salted pork. But, why is anyone making people secretly offer half of their income support entitlement before they get even one pound? Where does the other half go? Its a bit too public; what ever it is going on and instead of asking us to agree to half in our emotions before you make payment, just send what you think is best and sent it to everyone who has applied; not once but four times? However, it is best you send the whole allotment due to the citizen on application and take the play dough of a whole 1% from the daily sales tax collection. Send the income support money actually to every citizen automatically or else there is a gender equality issue and some other criminal law issues. Do you know people who cannot rest until they put their spoon with their saliva in the food intended for guests at a bridal party banquet? Is there a uh.....profiteer some where who can now see how he can do what he does without bringing catastrophe attention on to himself? I would help him manage this if given the chance. Did you know Warren is an Anglican Church member? He is also a Pentecostal Church member, a Baptist and he will be joining the Presbyterians soon also. Did you know any ALUSRA (TM) idea now sells for $1300.00 per week on a 50 year deal? Contact us and we will read your terms in the MOU. If we say "yes", then you will send payment to us on a weekly basis with their being an opportunity to discuss and work out details of contract with a signing of the final contract to take place within 90 days when a lump sum draft for 20 years worth of payments is due. Once this payment is made, the contract termination date will change from its 50 year anniversary to its 30 year anniversary with the rights of ownership to finally pass on the date of the final payment. The buyer can continue to pay down the balance with lump sums until this final payment is made. This could be done on the 100th day if they so choose. Co ownership will ensue until that final payment is made and Mr. Lyon will participate in the design, conceptual and actual development of the idea and work as a company administrator. Click here.

Post a Comment