This act is expressly intended for the better securing the liberty of the subject, and for prevention of imprisonment beyond the seas. It contains no distinction of "natural born, naturalized, denizen, or alien subject; nor of white or black, freemen, or even of bond-men," (except in the case already mentioned of a contract in writing, by which it shall appear, that the said slave has voluntarily bound himself, without compulsion or illegal duress, allowed by the 13th Sect. and the exception likewise in the 14th Sect. concerning felons) but they are all included under the general titles of "the subject, any of the said subjects, every such person" &c. Now the definition of the word "person," in its relative or civil capacity (according to Wood. b. I. c. 11. p. 27.) is either the King, or a subject. These are the only capital distinctions that can be made, tho' the latter consists of a variety of denominations and degrees.
But if I were even to allow, that a Negroe slave is not a subject, (though I think I have clearly proved that he is) yet it is plain that such an one ought not to be denied the benefit of the King's court, unless the slave-holder shall be able to prove likewise that he is not, a Man; because every man may be free to sue for, and defend his right in our courts, says a stat. 20th Edw. III. c. 4. and elsewhere, according to law. And no man, of what estate or condition that he be, (here can be no exception whatsoever) shall be put out of land or tenement, nor taken, nor imprisoned, nor disinherited, nor put to death, without being brought in answer by due process of the law. 28th Edw. III, c. 3, No man therefore, of what estate or condition that he be, can lawfully be detained in England as a slave; because we have no law whereby a man may be condemned to slavery without his own consent, (for even convicted felons must "in open court pray to transported.") (See Habeas Corpus act, Sect. 14.) and therefore there cannot be any "due process of the law" tending to so base a purpose. It follows therefore, that every man, who presumes to detain any person whatsoever as a slave, otherwise than by virtue of a written contract, acts manifestly without "due process of the law," and consequently is liable to the slave's "action of false imprisonment," because "every man may be free to sue," &c. so that the slave-holder cannot avail himself of his imaginary property, either by the assistance of the common law, or of a court of equity, (except it appears that the said slave has voluntarily bound himself, without compulsion or illegal duress) for in both his suit will certainly appear both unjust and indefensible. The former cannot assist him, because the statute law at present is so far from supposing any man in a state of slavery, that it cannot even permit such a state, except in the two cases mentioned in the 13th and 14th Section of the Habeas Corpus act; and the courts of equity likewise must necessarily decide against him, because his mere mercenary plea of private property cannot equitably, in a case between man and man, stand in competition with that superior property which every man must necessarily be allowed to have in his own proper person.
How then is the slave-holder to secure what he esteems his property? Perhaps he will endeavour clandestinely to seize the supposed slave, in order to transport him (with or without his consent) to the colonies, where such property is allowed: but let him take care what he does, the very attempt is punishable; and even the making over his property to another for that purpose, renders him equally liable to the severe penalties of the law, for a bill of sale may certainly be included under the terms expressed in the Habeas Corpus act, 12th Sect. viz. "Any warrant or writing for such commitment, detainer, imprisonment, or transportation," &c. It is also dangerous for a counsellor, or any other person to advise (see the act "shall be advising") such proceedings, by saying, "That a master may legally compel him (the slave) to return again to the plantations." Likewise an attorney, notary-public, or any other person, who shall presume to draw up, negotiate, of even to witness a bill of sale, or other instrument for such commitment, &c. offends equally against the law, because "All, or any person or persons, that shall frame, contrive, write, seal, or countersign any warrant or writing for such commitment, detainer, imprisonment, or transportation; or shall be advising, aiding, or assisting in the same, or any of them," are liable to all the penalties of the act. "And the plaintiff, in every such action, shall have judgment to recover his treble costs, besides damages; which damages so to be given shall not be less than five hundred pounds;" so that the injured may have ample satisfaction for their sufferings: and even a judge may not direct or instruct a jury contrary to this statute, whatever his private opinion may be concerning property in slaves; because no order or command, nor no injunction, is allowed to interfere with this golden act of liberty.
—I have before observed, that the general term, "every alien," includes all strangers whatsoever, and renders them subject to the King, and the laws, during their residence in this kingdom; and this is certainly true, whether the aliens be Turks, Moors, Arabians, Tartars, or even savages, from any part of the world.—Men are rendered obnoxious to the laws by their offences, and not by the particular denomination of their rank, order, parentage, colour, or country; and therefore, though we should suppose that any particular body of people whatsoever were not known, or had in consideration by the legislature at the different times when the severe penal laws were made, yet no man can reasonably conceive, that such men are exempted on this account from the penalties of the said laws, when legally convicted of having offended against them.
Laws calculated for the moral purpose of preventing oppression, are likewise usually supposed to be everlasting, and to make up a part of our happy constitution; for which reason, though the kind of oppression to be guarded against, and the penalties for offenders, are minutely described therein, yet the persons to be protected are comprehended in terms as general as possible; that "no person who now is, or hereafter shall be, an inhabitant or resiant in this kingdom," (see Habeas Corpus act, Sect. 12th) may seem to be excluded from protection. The general terms of the several statutes before cited, are so full and clear, that they admit of no exception whatsoever; for all persons (Negroes as well as others) must be included in the terms "the subject;"—"no subject of this realm that now is, or hereafter shall be, an inhabitant, &c. any subject; every such person;" see Habeas Corpus act. Also every man may be free to sue, &c. 20th Edward III. cap. 4. and no man, of what estate or condition that he be, shall be taken or imprisoned, &c. True justice makes no respect of persons, and can never deny, to any one that blessing to which all mankind have an undoubted right, their natural liberty: though the law makes no mention of Negroe slaves, yet this is no just argument for excluding them from the general protection of our happy constitution.
Neither can the objection, that Negroe slaves were not "had in consideration or contemplation," when these laws were made, prove any thing against them; but, on the contrary, much in their favour; for both these circumstances are strong presumptive proofs, that the practice of importing slaves into this kingdom, and retaining them as such, is an innovation entirely foreign to the spirit and intention of the laws now in force.
—Page 79. A toleration of slavery is, in effect, a toleration of inhumanity; for there are wretches in the world who make no scruple to gain, by wearing out their slaves with continual labour, and a scanty allowance, before they have lived out half their natural days. It is notorious, that this is too often the case in the unhappy countries where slavery is tolerated.
See the account of the European settlements in America, Part VI. Chap. 11. concerning the "misery of the Negroes, great waste of them," &c. which informs us not only of a most scandalous profanation of the Lord's day, but also of another abomination, which must be infinitely more heinous in the sight of God, viz. oppression carried to such excess, as to be even destructive of the human species.
At present, the inhumanity of constrained labour in excess, extends no farther in England than to our beasts, as post and hackney-horses, sand-asses, &c.
But thanks to our laws, and not to the general good disposition of masters, that it is so; for the wretch who is bad enough to maltreat a helpless beast, would not spare his fellow man if he had him as much in his power.