James Somerset, an African slave, had been brought to England by his
master, Charles Stewart, in November 1769. Somerset, in process of time,
left him. Stewart took an opportunity of seizing him, and had him conveyed
on board the Ann and Mary, captain Knowles, to be carried out of the
kingdom and sold as a slave in Jamaica. The question was-"Whether a slave,
by coming into England, became free?"
In order that time might be given for ascertaining the law fully on this
head, the case was argued at three different sittings. First, in January,
1772; secondly, in February, 1772; and thirdly, in May, 1772. And that no
decision otherwise than what the law warranted might be given, the opinion
of the Judges was taken upon the pleadings. The great and glorious result
of the trial was, That as soon as ever any slave set his foot upon English
territory, he became free.
Thus ended the great case of Somerset, which, having been determined after
so deliberate an investigation of the law, can never be reversed while the
British Constitution remains.
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