A stunning legal drama unfolded before the King’s Bench in London in early 1772. James Somerset, a slave brought to England from the American colonies, petitioned the court for a writ of habeas corpus, which would free him from confinement on his enslaver’s ship. Lord Mansfield, the judge reviewing the case, granted the writ in a stinging rebuke of Somerset’s captors: “The state of slavery is of such a nature, that it is incapable of being introduced on any reasons, moral or political; but only positive law, which preserves its force long after the reasons, occasion, and time itself from whence it was created, is erased from memory.” As no such law existed in England proper, Somerset was to be freed.
The judgment’s narrow construction intentionally limited its immediate implications. When word of the case crossed the Atlantic, Benjamin Franklin wrote his abolitionist friend Anthony Benezet to denounce “the hypocrisy of this country, which encourages such a detestable commerce by laws for promoting the Guinea trade; while it piqued itself on its virtue, love of liberty, and the equity of its courts, in setting free a single negro.” Somerset’s case would nonetheless put the first chip in the legal edifice of plantation slavery, and with it set the foundations for a neglected tradition of anti-slavery constitutionalism.
When mentioned at all today, Somerset’s case often suffers from the political distortion of our present moment. The New York Times’ 1619 Project attempted to repurpose Mansfield’s ruling as evidence that the American colonies revolted some four years later in response to the existential threat that the case supposedly created for the colonial slave system. In reality, the British Empire still remained a half century removed from emancipation — a cause that found its earliest parliamentary support among Charles James Fox, Edmund Burke, and other Whig supporters of the American revolutionaries. And while the Times grudgingly walked back its claim that protecting slavery provided a primary impetus for the events of 1776, the paper offered no indication that Somerset’s brand of anti-slavery constitutionalism took root in the nascent United States.
From the beginning, it pointed toward racial equality.
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A salient point: >>> the political distortion of our present moment.