"Sam": or The history of mystery./ By C. W. Webber.

"SAM:" OR, THE HISTORY OF MIYSTERY. entirely root out this idea, for it was not supposed that a colonial statute could set aside the law of England. What, precisely, the English law might be on the subject of slavery, still remained a matter of doubt. Lord Holt had expressed the opinion, as quoted in a previous chapter, that slavery was a condition unknown to English law, and that every person setting foot in England thereby became free. American planters, on their visits to England, accompanied by their slaves, seem to have been annoyed by claims of freedom set up on this ground, and that, also, of baptism. To relieve their embarrassments, the merchants concerned in the American trade had obtained a written opinion from Yorke and Talbot, the attorney and solicitor-general of that day. (1729.) According to this opinion, which passed for more than forty years as good law, not only was baptism no bar to slavery. but negro slaves might be held in England just as well as in the colonies. The two lawyers by whom this opinion was given, rose afterward, one of them to be chief justice of England, and both to be chancellors. Yorke, sitting in the latter capacity with the title of Lord Hardwicke (1749), had recently recognized the doctrine of that opinion as sound law. (Pearce vs. Lisle, Ambler, 76.) lie objects to Lord Holt's doctrine of freedom, secured by setting foot on English soil, that no reason could be found 'why slaves should not be equally free when they set foot in Jamaica or any other English plantation.'' All our colonies are subject to the laws of England, although, as to some purposes, they have laws of their own.' His argument is, that if slavery be contrary to English law, no local enactments in the colonies could give it any validity. To avoid overturning slavery in the colonies, it was absolutely necessary to uphold it in England. At a subsequent period, as we shall presently see, the law of England was definitively settled in favor of liberty, the extra-judicial opinion of Talbot and Hardwicke being set aside by a solemn decision of the King's Bench. (1750.) The remaining exclusive privileges of the Royal African Company having expired, the English government undertook to maintain, at their own expense, the forts and factories on the African coast; and thus the slave trade was thrown open to free competition. The recent introduction of the cultivation 59

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Title
"Sam": or The history of mystery./ By C. W. Webber.
Author
Webber, Charles W. (Charles Wilkins), 1819-1856.
Canvas
Page 59
Publication
Cincinnati,: H. M. Rulison;
1855.
Subject terms
United States -- History

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""Sam": or The history of mystery./ By C. W. Webber." In the digital collection Making of America Books. https://name.umdl.umich.edu/abl0422.0001.001. University of Michigan Library Digital Collections. Accessed June 25, 2025.
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