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            <title>A letter to Philo Africanus, upon slavery; in answer to his of the 22d of November, in the General evening post; : together with the opinions of Sir John Strange, and other eminent lawyers upon this subject, : with the sentence of Lord Mansfield, in the case of Somerset and Knowles, 1772, with His Lordship's explanation of that opinion in 1786.</title>
            <author>Candidus.</author>
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                  <title>A letter to Philo Africanus, upon slavery; in answer to his of the 22d of November, in the General evening post; : together with the opinions of Sir John Strange, and other eminent lawyers upon this subject, : with the sentence of Lord Mansfield, in the case of Somerset and Knowles, 1772, with His Lordship's explanation of that opinion in 1786.</title>
                  <author>Candidus.</author>
                  <author>Mansfield, William Murray, Earl of, 1705-1793.</author>
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               <extent>23, [1] p. ;  21 cm. (8vo) </extent>
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                  <date>[1788?]</date>
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                  <note>Signed on p. 17: Candidus. December 10, 1787.</note>
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                  <note>"Cases respecting Negroe slaves, with opinions thereon."--p. 18-23.</note>
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            <p>A LETTER TO PHILO AFRICANUS, UPON SLAVERY.</p>
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            <p>A LETTER TO PHILO AFRICANUS, UPON SLAVERY; IN ANSWER TO HIS OF THE 22d OF NOVEMBER, IN THE GENERAL EVENING POST; TOGETHER WITH THE OPINIONS OF SIR JOHN STRANGE, AND OTHER EMINENT LAWYERS UPON THIS SUBJECT, WITH THE SENTENCE OF LORD MANSFIELD, IN THE CASE OF SOMERSET AND KNOWLES, 1772, WITH HIS LORDSHIP's EXPLANATION OF THAT OPINION IN 1786.</p>
            <p>LONDON, PRINTED: NEWPORT (RHODE-ISLAND) RE-PRINTED BY PETER EDES.</p>
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         <div type="letter">
            <pb facs="unknown:020993_0003_0FB16FDB823A1180"/>
            <head>A LETTER, &amp;c.</head>
            <opener>
               <salute>SIR,</salute>
            </opener>
            <p>LIVING in the country where I ſee ſo few of the London papers, that I hardly know what paſſes in the world; but lately meeting with your letter, up<g ref="char:EOLhyphen"/>on the ſubject of ſlavery, in the General Evening Poſt of the 22d of November; and alſo thoſe of your friend Africanus, in the preceding papers, which you re<g ref="char:EOLhyphen"/>fer to, I have ſat down to make a few brief remarks upon this ſubject.</p>
            <p>I obſerve that your letters, and all the writings that I have ſeen upon that ſide of the queſtion, are in the ſame declamatory ſtyle, which may beſpeak the compaſſion of your readers; but when ſubjects of ſuch magnitude are brought before the public, wherein ſo many individuals are materially intereſted; and even the nation itſelf may be involved in the event, they ought to be fairly and diſpaſſionately diſcuſſed.</p>
            <p>The abolition of the ſlave trade, and the conſequences at<g ref="char:EOLhyphen"/>tending it, which would evidently be the breaking up of the Britiſh ſugar colonies, and the total ruin of a multitude of in<g ref="char:EOLhyphen"/>nocent families, is not a little thing. Neither are a few exag<g ref="char:EOLhyphen"/>gerated tales told by mariners, or others, who probably may not be competent judges of the polity of the princes of Africa; or the default of thoſe towns which you mention, on which the depredations fall: or is an inſtance or two of ſuch inhuman maſters as Macmahon, if they are true, ſufficient to found a law upon to aboliſh this trade.</p>
            <p>There are various ways which ſupply the markets in Africa with ſlaves; but the convicts, which you ſeem to think the principal ſupport of the trade, are very few, compared with oth<g ref="char:EOLhyphen"/>ers that are brought to market.</p>
            <p>
               <pb n="6" facs="unknown:020993_0004_0FB16FDCF4FB2410"/>
The ſlaves ſold from the eſtates of the grandees, whoſe ſole property they are, as much as other ſtock upon their planta<g ref="char:EOLhyphen"/>tions, or as much ſo as an Engliſh farmer by the law of Eng<g ref="char:EOLhyphen"/>land is entitled to the ſtock upon his eſtate, amount to a great number; but the principal ſource of the ſlave trade are the cap<g ref="char:EOLhyphen"/>tives taken in war, which is indeed often kindled by thoſe ty<g ref="char:EOLhyphen"/>rannical princes upon ſmall occaſions, but generally ariſes from rebellion or default in the payment of tribute.</p>
            <p>When a tribe is conquered they become tributary to the conqueror, and upon failure in the payment, the war is renew<g ref="char:EOLhyphen"/>ed, and the captives on either ſide are made ſlaves; but cer<g ref="char:EOLhyphen"/>tainly this practice is not founded upon their commerce with Europeans, as is often ſuggeſted by thoſe who cenſure the trade. It was the common uſage very many ages before the Europeans had any intercourſe with Africa: the ſtates of Carthage, at a very early time, after they grew powerful, obliged ſome Afri<g ref="char:EOLhyphen"/>can princes to pay them tribute, which was one ſource they had to get ſlaves; but the great commerce that the Carthagenians, Numidians, the Mauritanians, and others, who occupied the northern coaſts of Africa, carried on with the Lybians or Ni<g ref="char:EOLhyphen"/>gritians, a people who inhabited the interior country that we now call Negroland, was the fountain from whence ſprung the multitude of blacks which recruited their armies, and ſerved for labourers and all ſervile purpoſes as well as commerce, as appears by the fragments of ancient hiſtory<note n="*" place="bottom">See the ancient hiſtory of Carthage, of Numidia, the Nigritians, the Getulians, the Melano Getulians, &amp;c.</note>.</p>
            <p>But in regard to the cuſtom of ſeizing and carrying off in<g ref="char:EOLhyphen"/>habitants for default in the payment of tribute, we have a very early inſtance from divine revelation.—Several nations of the African race, who held territories in Arabia, were tributary to the king of Elam, and paid him tribute regularly for a number of years, and then rebelled againſt him: upon which Chedor<g ref="char:EOLhyphen"/>laomer, the king of Elam or Perſia, went out to war againſt them, and ſubdued them, and was carrying off his booty, of which the principal part was captives, when the patriarch Abra<g ref="char:EOLhyphen"/>ham, with his little army, met him. And this expedition was but three hundred and ſeventy-ſeven years after the flood<note n="†" place="bottom">Gen. xiv. 4, 16.</note>.</p>
            <p>
               <pb n="7" facs="unknown:020993_0005_0FB16FDFEDBE01B8"/>
Mr. Clarkſon, a late writer <hi>on the commerce and ſlavery of the human ſpecies,</hi> cites Homer to prove that the ſlave trade was in practice in Egypt and Cyprus ſo long ago as the Trojan war; but he might have aſcertained this fact upon much higher au<g ref="char:EOLhyphen"/>thority, and done more than hinted that Homer coincided with ſcripture in this point. Slaves are expreſsly mentioned as a part of the trade of antient Babylon<note n="*" place="bottom">Rev. xviii. 13.</note>; they are alſo mentioned as part of the trade of Tyre<note n="†" place="bottom">Ezek. xxvii. 13.</note>, and of Haran, a city of Babylon, built by Nimrod<note n="‡" place="bottom">Gen. xii. 5.</note>, and in many other places, as will appear hereafter<note n="§" place="bottom">Gen. x. 10. and Ezek. xxvii. 23.</note>. If we trace it further, we ſhall find that it was not only in practice among the heathen nations, but univerſally ſo among the worſhippers of the true GOD. Abraham and Lot got ſlaves in Haran, when they were going to Canaan<note n="‖" place="bottom">Gen. xii. 4.</note>. The ſcripture calls theſe people <hi>the ſouls they got in Haran;</hi> but if they were not ſlaves, then Biſhop Patrick, Dr. Whitby, and many other learned divines have been miſtaken in their com<g ref="char:EOLhyphen"/>ment upon this text; and if Abraham's ſervants, of which he had a great multitude, were not ſlaves, it ſeems ſtrange that they ſhould be enumerated as Iſaac's inheritance when he was offered in marriage to Rebecca<note n="**" place="bottom">Gen. xxiv. 35.</note>. We are alſo told, expreſſ<g ref="char:EOLhyphen"/>ly, that Pharaoh, king of the Egyptians, and Abimeleck, king of Gerer, or of the Philiſtians, both branches of Ham's family, gave Abraham ſheep and oxen, and men ſervants and women ſervants<note n="††" place="bottom">Gen. xii. 16. and xx. 14.</note>; and I believe nobody will doubt of thoſe preſents being the property of the king's who beſtowed them upon Abra<g ref="char:EOLhyphen"/>ham. Hagar who was alſo an Egyptian, is expreſsly called the <hi>bondmaid</hi> or ſlave of Sarah, over whom Abraham tells her ſhe had abſolute power; and when ſhe run away from her miſ<g ref="char:EOLhyphen"/>treſs, <hi>the angel of the Lord met her, and ſaid to her, Hagar, re<g ref="char:EOLhyphen"/>turn to thy miſtreſs and ſubmit thyſelf unto her</hi>
               <note n="‡‡" place="bottom">Gen. xvi. 6, 9. This admonition, according to Mr. Sharp, <hi>was a ſhameful and notorious breach of the law of God.</hi> See his juſt limitation of ſlavery, page 53.</note>. The ſcripture informs us that Iſaac had ſuch ſtore of ſervants, <hi>that he was en<g ref="char:EOLhyphen"/>vied even by the Philiſtines;</hi> who abounded in ſlaves<note n="§§" place="bottom">Gen. xxvi. 14.</note>. When Jacob met his brother Eſau, he ordered meſſengers to go for<g ref="char:EOLhyphen"/>ward to greet him, and preſs him to accept of a preſent of any
<pb n="8" facs="unknown:020993_0006_0FB16FE1B8219930"/>thing he had, and thus enumerates his ſubſtance; <hi>I have ſo<g ref="char:EOLhyphen"/>journed with Laban, and I am poſſeſſed of oxen and aſſes, and men ſervants and maid ſervants</hi>
               <note n="*" place="bottom">Gen. xxxii. 5.</note>. When Joſeph was carried into Egypt, ſlaves were bought and ſold there in open market, which Mr. Clarkſon admits<note n="†" place="bottom">Gen. xxxvii. 27, 28.</note>. When Moſes was going out of Egypt with the Iſraelites, it plainly appears that ſlaves were then bought and ſold there, and that the Iſraelites were allowed to buy them to carry out with them<note n="‡" place="bottom">Exod. xii. 44.</note>. And when Moſes form<g ref="char:EOLhyphen"/>ed his code of laws for the Iſraelites, he expreſsly points out a people of the ſame family, from whom he directs them to buy their hereditary ſlaves; and among the ſame laws, inſtitutes the moſt humane precepts for their government<note n="§" place="bottom">Levit. xxv. 44, 45, 46. Exod. xxiſt chapter, &amp;c.</note>.</p>
            <p>If theſe inſtances from divine writ need the corroboration of profane hiſtory, I recommend the reader to the various rela<g ref="char:EOLhyphen"/>tions of the ancient ſlave feaſts, namely the Sacae<gap reason="illegible" resp="#UOM" extent="1 letter">
                  <desc>•</desc>
               </gap>, the Saturna<g ref="char:EOLhyphen"/>lia, &amp;c. among the Babylonians, the Aſſyrians, the Greeks, the Romans, &amp;c.</p>
            <p>From theſe general hints, which the limits of this letter will not admit of enlarging, we may fairly infer, that the traffic in ſlaves is of very early date, and that it was conſidered as a legal commerce under the law of Moſes. And if we trace it further with an unbiaſſed mind, we ſhall find that it was not aboliſhed under the goſpel; but, on the contrary, St. Paul frequently ex<g ref="char:EOLhyphen"/>horts ſervants in their duty to their maſters, in theſe words. <hi>Servants obey your maſters according to the fleſh, and not with eye<g ref="char:EOLhyphen"/>ſervice</hi>
               <note n="‖" place="bottom">Col. iii. 22.</note>. <hi>Servants be obedient to your maſters according to the fleſh, &amp;c.</hi>
               <note n="**" place="bottom">Eph. vi. 5, 6, 7, 8.</note> 
               <hi>Let every man abide in the ſame calling wherein he is called</hi>
               <note n="††" place="bottom">1 Cor. vii. 20.</note>. <hi>Let as many as are under the yoke count their own maſters worthy of all honor</hi>
               <note n="‡‡" place="bottom">1 Tim. vi. 1.</note>. In his epiſtle to Titus he ſays, <hi>Exhort ſervants to be obedient unto their maſters, and pleaſe them well in all things, not anſwering again, and not purloining, but ſhewing all good fidelity</hi>
               <note n="§§" place="bottom">Titus ii. 9.</note>. <hi>Servants be ſubjects to your maſters with all fear, not only to the good and gentle, but alſo to the frow<g ref="char:EOLhyphen"/>ard</hi>
               <note n="‖‖" place="bottom">1 Pet. ii. 18.</note>. St Paul mutually admoniſhes maſters reſpecting their
<pb n="9" facs="unknown:020993_0007_0FB16FE2FAE69148"/>duty to their ſervants<note n="*" place="bottom">Moſes diſtinguiſhes thoſe ſervants who were conſidered as an inheritance, by the name of bondmen, and before Moſes's time they were called by that name. St. Paul calls them by the general name of ſervants, or ſervants under the yoke, or ſervants ac<g ref="char:EOLhyphen"/>cording to the fleſh. Oneſimus is called Philemon's ſervant; but even Mr. Clarkſon allows that he was Philemon's ſlave. The prophet Ezekiel calls thoſe which were ſold with veſſels of braſs at the markets of Tyre, <hi>the perſons of men.</hi> St. John calls them <hi>bondmen,</hi> and <hi>ſouls of men,</hi> and <hi>ſlaves,</hi> promiſcuouſly. Gen. xxi. 10. Levit. xxv. 44. Ezek. xxvii. 13. 1 Tim. vi. 1. Rev. vi. 15. and xiii. 16. and xviii. 13.</note>: and he is ſo explicit in both, that it needs no comment; but he never once hints to his diſciples that it is the duty of Chriſtians to emancipate their ſlaves.</p>
            <p>Theſe exhortations are contained in the epiſtles and diſcourſ<g ref="char:EOLhyphen"/>es which St. Paul addreſſes to the people of the Greek cities and churches of Aſia Minor, Greece and Macedonia, that is Epheſus, Coloſſe, Theſſilonica, Corinth, Achaia, Smyrna, Pontus, Galatia, Phrygia, Cappadocia, Bythinia, Athens, &amp;c. where miſſionaries were employed to propagate chriſtianity, and where a multitude of ſlaves were held as property. In the little city of Athens only, they reckoned no leſs than four hundred thouſand ſlaves<note n="†" place="bottom">Univerſal Hiſtory, vol. 6. page 43.</note>, who were treated in this city with more hu<g ref="char:EOLhyphen"/>manity than in other places; yet by the Greeks in general they were conſidered as an inferior people, and by the Lacedemoni<g ref="char:EOLhyphen"/>ans in particular they were uſed with a ſeverity offenſive to human nature. Ariſtotle, as Mr. Clarkſon remarks, adviſed Alexander to treat his Barbarians with rigor; ſuggeſting that they could not bear gentle uſage, but it is very evident that Ariſtotle does not ſpeak of Greeks or Jews, but of the African ſlaves in Alexander's army; whom, I ſay, the Greeks looked upon in a very degraded light, but not more ſo, by calling them Barbarians, for even St. Paul frequently diſtinguiſhes them by that appellation, which looks as if that name was not a term of reproach.</p>
            <p>The Lacedemonians began their commerce in ſlaves at a ve<g ref="char:EOLhyphen"/>ry early period with the Mauritarians, and other ſtates on the northern coaſts of Africa, who ſpread it all over the Mediterra<g ref="char:EOLhyphen"/>nean, and many other places, and it continued among the Car<g ref="char:EOLhyphen"/>thagenians, the Phenicians, and their ſucceſſors, and is at this day in a flouriſhing condition in the ſtates of Barbary, and in the dominions of the king of Morocco, and all over the em<g ref="char:EOLhyphen"/>pire of the grand Seignor.</p>
            <p>
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Therefore if ſlavery ſhould be aboliſhed by all the nations in Europe, it is evident that even that would not put an end to it; and if it is annihilated in the Britiſh dominions only, it can anſwer no other purpoſe, but to ruin a great many unoffend<g ref="char:EOLhyphen"/>ing families, and to increaſe the ſugar colonies of France, Spain, Portugal, Holland, &amp;c. upon the downfall of ours. It ought to be conſidered too, that our ſlave trade is not of that magnitude that is ſuggeſted by its oppoſers, and that it bears no proportion to that of other nations. Cooke tells us in the firſt volume of his voyages, page 30, among his remarks at Rio Janeiro, that in that province alone there were ſix hundred and twenty-nine thouſand negroe ſlaves belonging to the Portu<g ref="char:EOLhyphen"/>gueze, which is near double the number that there is in all the Britiſh plantations; others ſay; that the Spaniſh colonies require an annual ſupply of ſeventy or eighty thouſand, but it is an undoubted fact, that the ſlaves imported into the Portugueze colonies in America are more than double of thoſe imported into the Britiſh plantations. Guthrie ſays, they import about fifty thouſand ſlaves annually into the Brazils, and it is ſuppo<g ref="char:EOLhyphen"/>ſed that about twenty thouſand are imported annually into the Britiſh colonies. The Portugueze having their ſlaves at a low<g ref="char:EOLhyphen"/>er rate from their African colonies than the Engliſh can get theirs, may be the reaſon that their ſugars are cheaper; but I wiſh I could impute it to another cauſe, which is ſuggeſted by ſome, namely, <hi>That the Portugueze treat their ſlaves with more humanity than other nations,</hi> and therefore get more labor from them.</p>
            <p>I ſhould alſo be glad to have it fairly pointed out, how Great-Britain is to be ſupplied with Weſt-India produce when this ſcheme takes place, as it is now become a neceſſary of life. Who are we to ſtipulate with for thoſe ſupplies; and are we ſure that we can pay for them in the produce and manufactures of this country? Shall we ſuffer nothing by having ſeveral millions conſumed among foreigners which is now ſpent among ourſelves; and is it not a matter worthy of conſideration, how far our navy may be affected when this great branch of trade is lopped off; which now returns annually three or four millions ſterling to Great-Britain. Or can there be many people ſo vi<g ref="char:EOLhyphen"/>ſionary, as to think the project of Dean Tucker eligible, that is,
<pb n="11" facs="unknown:020993_0009_0FB16FE5F46ADE78"/>of replacing this trade by eſtabliſhing ſugar colonies among the natives of Africa, or going to Cochin China for ſugar. When this ſcheme takes place, is will be time to look out for the ac<g ref="char:EOLhyphen"/>compliſhment of the Dean's prophecy, which he deſires may never be forgotten, and therefore I, for one, record it, which is as follows:</p>
            <p>
               <hi>That in the courſe of half a century, Great-Britain and Ire<g ref="char:EOLhyphen"/>land, and all Europe, if they pleaſe, may be ſupplied with Weſt-India produce; without ſlaves, without colonies, without govern<g ref="char:EOLhyphen"/>ments, without forts or men of war, and without officers and con<g ref="char:EOLhyphen"/>tracts</hi>
               <note n="*" place="bottom">Dean Tueker's reflections on the matters in diſpute between Great-Britain and Ireland 1785, page 17.</note>.</p>
            <p>I know that the Dean, as well as Mr. Ramſay and ſome others, who have wrote upon this ſubject, are impreſſed with an opinion, that the enlargement of ſlaves would make the Weſt-India produce come cheaper to the conſumer, and that negroes in that condition would become more uſeful to Great-Britain, and more profitable to the owners of plantations than they are now; that they of courſe would get into the habits of Europeans, and having families of their own, would be encour<g ref="char:EOLhyphen"/>aged to do more labour. But experience informs thoſe who have made the trial, ſo far as reſpects their having families, that it has juſt the contrary effect: that there is a greater ſurpluſage from the labour of one ſingle man in the courſe of the year, than from the labour of another with the aſſiſtance of a wife and children, and that this is the general obſervation. Therefore it is, as ſome of you, gentlemen, remark, that the moſt ava<g ref="char:EOLhyphen"/>ricious planters always chuſe to buy a much greater proportion of males for their plantations; and <hi>that it falls moſtly to the lot of indigent planters to buy females.</hi> Still I think this a great op<g ref="char:EOLhyphen"/>preſſion, and requires a better regulation, for I do not ſee why a negro ſlave ſhould not have every comfort in human life that is conſiſtent with his duty and the ſafety of his maſter. But we have no example of a body of negroes under their own gov<g ref="char:EOLhyphen"/>ernment, or in a ſtate of freedom, making a figure in agricul<g ref="char:EOLhyphen"/>ture or uſeful arts. If we look into Africa among their coun<g ref="char:EOLhyphen"/>trymen, we ſhall find nothing that favors this opinion. If we have recourſe to the African iſlands, or other places, where
<pb n="12" facs="unknown:020993_0010_0FB16FE83199D488"/>negroes form the community, we ſhall find a parcel of in<g ref="char:EOLhyphen"/>dolent, improvident miſerable wretches, who out of a ſtate of warfare with their neighbors, know not how to employ their time. If we form our judgment by the cuſtoms and manners of Europeans, who are bred up in different habits, and naturally of a different bent of mind, the parallel will not be juſt. Several hiſtorians of good authority inform us, that the natives of interior Africa remain, in general, at this day, in the ſame rude ſituation that they were in two thouſand years ago; that they have made no progreſs in ſcience, and even in agriculture they do no more than what is extorted from them; but truſt to ſpontaneous fruits and other adventitious ſupplies for their ſupport; that in general they live promiſcuouſly with their women, and have nothing of humanity about them but the form: and that wherever any civilization is found among them upon the frontiers, it is owing to the trade which you cenſure. If we look into the deportment of negroes that have come more within our own ſphere of knowledge; who have had oppor<g ref="char:EOLhyphen"/>tunity of improving by the cuſtoms of white people, <gap reason="illegible" resp="#UOM" extent="1 word">
                  <desc>〈◊〉</desc>
               </gap> ſtill perceive the ſame indolence and the ſame improvidence.</p>
            <p>During the late war with America, ſome of the United States to the northward emancipated their ſlaves, and thoſe ſlaves having lived in the habit of induſtry, under humane maſters, one would naturally think they would be able to pro<g ref="char:EOLhyphen"/>vide for themſelves when they had their freedom; but aſk any candid man from that country, and he will tell you, that more than half of them are become vagabonds in this ſhort ſpace of time, and but very few of them are able to provide for them<g ref="char:EOLhyphen"/>ſelves. A ſmall colony of negroes, not leſs than four or five thouſand were tranſported from the ſtates of America, on the late peace, to Nova-Scotia, who had every privilege of Britiſh ſubjects; lands aſſigned them for an inheritance; allowed to chuſe officers among themſelves, and aſſiſted with rations from government; yet now, in the courſe of a few years are dwind<g ref="char:EOLhyphen"/>led away and coming to nothing.—It is well known how the city of London, and the country about it, was lately infeſted with American negroes. Now I appeal to any gentleman un<g ref="char:EOLhyphen"/>der whoſe particular inſpection they came, whether one in a hundred of them would apply ſteadily to labour; or was fit to
<pb n="13" facs="unknown:020993_0011_0FB16FE8F4A77630"/>take care of himſelf. Some inſtances came to my own know<g ref="char:EOLhyphen"/>ledge of able bodied negroe men that found employ in the country; but never worked longer, than till they got a little money in their pockets, and then got off to ſpend it, and never provided cloaths for winter, or ſcarce enough to cover their nakedneſs in ſummer; and wherever they gained a ſettlement became a burthen to the pariſh.</p>
            <p>If I have here given a true characteriſtic of negroes, which I think is agreeable to the general opinion of mankind who are acquainted with them; then their enlargement would not have the effect that you ſeem to expect from it. But if you can make it plainly appear, that it would be for the intereſt of pro<g ref="char:EOLhyphen"/>prietors to emancipate their ſlaves, there would be no need of parliamentary aid to accompliſh your point. Or could you prove what you aſſert, viz. that their manumiſſion would be of public utility, I have no doubt but adminiſtration would find ways and means to raiſe fourteen or fifteen millions ſterling to compenſate the proprietors.</p>
            <p>Still, if the object of your ſociety is nothing more than the re<g ref="char:EOLhyphen"/>gulation of the ſlave trade, and to obtain an act of parliament for the expreſs purpoſe of binding maſters and ſlaves in their duty to each other, I ſhould think that every man would unite to promote it: or, if this trade is as you affirm, <hi>contrary to all laws human and divine,</hi> no man would oppoſe the annihilation of it; but to make this appear, there muſt be ſomething more than mere aſſertion; or pervertion of texts, or ſuppreſſion of parts of texts to ſerve your purpoſe.</p>
            <p>It has been too much the practice of thoſe who have wrote on your ſide the queſtion, in order to make their argument more ſpecious, to accommodate paſſages of ſcripture to their own convenience, and do not ſeem to have ſo ſacred a regard to truth as they ought to have, who profeſs to write only to ſerve the cauſe of humanity, and I am ſorry to obſerve, that even Mr. Sharp, the preſident of your ſociety, is not free from cen<g ref="char:EOLhyphen"/>ſure in this point. In his book, entitled, <hi>The juſt Limitations of Slavery,</hi> he is endeavouring to prove that this commerce is incompatible with the will of GOD; and in one place cites a paſ<g ref="char:EOLhyphen"/>ſage from the 23d chapter of Deuteronomy, the 14th and 15th verſes, which he gives us in theſe words. <hi>That though the Jews
<pb n="14" facs="unknown:020993_0012_0FB16FEA804C08D8"/>were permitted by the law of Moſes to keep ſlaves, yet there was no inherent right of ſervice implied from this permiſſion; becauſe whenever the ſlave could eſcape, he was eſteemed free, and it was abſolutely unlawful for any man to deliver him up again to his maſ<g ref="char:EOLhyphen"/>ter.</hi> This is a ſtrange doctrine for a legiſlature to advance, who makes it death for any man to ſteal or withhold a ſlave from his lawful maſter. But before we cenſure the lawgiver for in<g ref="char:EOLhyphen"/>conſiſtency, let us examine the text, and ſee whether Mr. Sharp has given us a juſt interpretation of it. It is the 15th verſe that is alluded to; but it is thus introduced in the 14th verſe. <hi>For the Lord thy God walketh in the midſt of thy camp to deliver thee, and give up thine enemies before thee.</hi> Then in the 15th verſe are theſe words. <hi>Thou ſhalt not deliver unto his maſter, the ſervant which eſcapes from his maſter unto thee.</hi> Now I think it muſt appear plain to any candid reader, that the text refers to ſervants that eſcaped from the enemy, who encompaſſed Moſes's camp. It was good policy, and agreeable to the cuſtom of all nations to ſuccour deſerters.</p>
            <p>In the appendix, page 22, Mr. Sharp ſays, that the Iſraelites were expreſsly permitted by the law of Moſes to give a bill of divorce to their wives, <hi>whenever they pleaſed,</hi> and to marry other women, and from hence concludes, that the laws of Moſes <hi>are not conſiſtent with natural equity.</hi> But this is not a fair repre<g ref="char:EOLhyphen"/>ſentation of the text which we find in the firſt verſe of the 24th of Deuteronomy, where we may ſee that this law does not allow of a divorce whenever the huſband pleaſed; but only upon a breach of the marriage covenant; ſo this is not ſufficient to mark the law of Moſes with injuſtice<note n="*" place="bottom">Compare Deut. xxiv. 1, with Lev. xv. chap. and Rom. 1ſt chap. &amp;c.</note>.</p>
            <p>In the 36th page, Mr. Sharp quotes the 23d verſe of the 7th chapter of the 1ſt of Corinthians, in theſe words: <hi>Ye are bought with a price, be not therefore the ſervants of men;</hi> as if St. Paul was enticing ſervants to run away from their maſters. But the words of the text are theſe. <hi>You are bought with a price, be not ye the ſervants of men?</hi> which the context fully explains.</p>
            <p>The bounds of a letter will not permit of my following Mr. Sharp any further at preſent; but I cannot conclude this letter
<pb n="15" facs="unknown:020993_0013_0FB16FEBF40254C0"/>without remarking the ſame diſingenuity in Mr. Clarkſon; who alſo miſleads his readers in ſome material hiſtorical facts. In his eſſay <hi>upon the ſlavery and commerce of the human ſpecies,</hi> he aſſerts, page 38, <hi>That it is neceſſary for a man to be free, to be a Chriſtian.</hi> But I deny this to be ſcripture doctrine. We are poſitively aſſured, that all men are alike in the ſight of GOD. <hi>Jew or Greek, Barbarian or Scythian, bond or free.</hi>
            </p>
            <p>In page 206, he is ſpeaking in favor of a ſyſtem which ſome have advanced, namely, that white men and negroes do not differ from each other in complexion or hair, but only according to the climate they live in; and in ſupport of this hypotheſis, he ſays, <hi>we cannot have a more ſtriking inſtance of this, than in the Jews, who are ſcattered over the face of the whole earth; yet have preſerved themſelves diſtinct from the reſt of the world by their re<g ref="char:EOLhyphen"/>ligion, as they never intermarry with any but thoſe of their own ſect, ſo they have no mixture of blood in their veins, that they ſhould differ from each other: and yet their complexion is different according to the country they reſide in.</hi> But if we inveſtigate this point, we ſhall find it not founded in fact. Moſes married an Ethiopian woman<note n="*" place="bottom">Numb. xii. 1.</note>; Joſeph married an Egyptian woman, from whence ſprung the two tribes of Ephraim and Manaſſah, who of courſe were mingled nations, that is, a mixture of Egyptian and Hebrew blood. King Solomon had at leaſt one wife that was an African, and many other foreign women, which moſt probably was imitated by his ſubjects. The Jews were ſcat<g ref="char:EOLhyphen"/>tered over all the dominions of Ahaſuerus, who is called Ar<g ref="char:EOLhyphen"/>taxerxes, which contained a hundred and twenty-ſeven provin<g ref="char:EOLhyphen"/>ces, extending from Ethiopia to India; and there is a plain intimation in the book of Eſther, that when they had reſt from their enemies, they mingled with the natives of the land<note n="†" place="bottom">Eſther viii. 9, 17. and ix. 27.</note>. Be this as it will, the Jews are continually upbraided by the prophets for intermarrying with the Egyptians, the Canaan<g ref="char:EOLhyphen"/>ites, the Ammonites, the Moabites, &amp;c.<note n="‡" place="bottom">Ezr ix. 2. Eſdras viii. 69, &amp;c.</note>
            </p>
            <p>In page 245 of the ſame book, Mr. Clarkſon ſays, that <hi>St. Paul having converted Oneſimus, who was a fugitive ſlave of Phi<g ref="char:EOLhyphen"/>lemon, ſent him back to his maſter with this addreſs. I ſend him back to you, but not in his former capacity, not now as a ſervant,
<pb n="16" facs="unknown:020993_0014_0FB16FEF5640ABA8"/>but above a ſervant, a brother beloved. In this manner I beſeech you to receive him, for though I could enjoin you to do it, yet I had rather it ſhould be a matter of your own will than of neceſſity.</hi> Now if we look into the 16th verſe of St. Paul's epiſtle to Phi<g ref="char:EOLhyphen"/>lemon, we ſhall find a very material part of that verſe ſuppreſ<g ref="char:EOLhyphen"/>ſed, which plainly ſhows that Oneſimus did continue in his for<g ref="char:EOLhyphen"/>mer capacity, that is, Philemon's ſervant in the fleſh, though he had become his brother according to the bond of chriſtianity.</p>
            <p>After all Mr. Sharp will ſay, that though this commerce may have the voice of the people, or of the whole world in its fa<g ref="char:EOLhyphen"/>vor, and divine revelation to ſupport it, <hi>yet it is inconſiſtent with natural equity for one man to be a ſlave to another.</hi>
            </p>
            <p>Many things occur in the courſe of Providence that may have this appearance to our inadequate ideas of Divine juſtice. What ſhall we then ſay? <hi>Is there unrighteouſneſs with God? God forbid. Shall the thing formed ſay unto him that formed it, why haſt thou made me thus? Hath not the potter power over the clay, to make one veſſel unto honor and another unto diſhonor?</hi>
            </p>
            <p>Eve diſobeyed the command of GOD, and her puniſhment was to bring forth children in ſorrow; but her innocent poſter<g ref="char:EOLhyphen"/>ity were doomed to ſuffer, and do ſuffer the ſame affliction.</p>
            <p>When the ſerpent ſeduced Eve to taſte the forbidden fruit, he walked erect, and ſpoke with a human voice; but as a pun<g ref="char:EOLhyphen"/>iſhment for his crime, he was doomed to crawl upon his belly and lick the duſt, and be deprived of the form he had appeared in before, and his iſſue have continued in that degraded ſtate to this day.</p>
            <p>All the poſterity of Adam feel the effect of the curſe denoun<g ref="char:EOLhyphen"/>ced upon him. And can we believe that the poſterity of Cain alone, who committed ſuch an atrocious act, ſhould eſcape pun<g ref="char:EOLhyphen"/>iſhment?</p>
            <p>Ham committed a crime for which it pleaſed GOD to curſe Canaan. How ſhall we reconcile this to <hi>natural equity?</hi> Or, does it appear to be greater injuſtice to puniſh the whole family of Ham for their father's crime, and yet I think, upon a full in<g ref="char:EOLhyphen"/>veſtigation of this point, it will appear, that the whole of Ham's poſterity participated in the curſe.</p>
            <p>Much might be ſaid to elucidate this ſubject; but the bounds preſcribed to this letter, will not admit of entering farther into
<pb n="17" facs="unknown:020993_0015_0FB16FF19DE54260"/>it at preſent. I am, however, of opinion, that upon a full in<g ref="char:EOLhyphen"/>veſtigation it will appear,</p>
            <p n="1">1. That ſlavery commenced ſoon after the curſe was denoun<g ref="char:EOLhyphen"/>ced upon Canaan.</p>
            <p n="2">2. That the name of Canaan may be interpreted, to imply the whole family of Ham; without diſtorting ſcripture.</p>
            <p n="3">3. That the original ſettlement of Ham's family was in Afri<g ref="char:EOLhyphen"/>ca, Arabia and Babylon.</p>
            <p n="4">4. That the firſt inſtances of men being bought and ſold, or held as hereditary ſervants, were in the countries where Ham's family ſettled.</p>
            <p n="5">5. That this family, as has been obſerved, were particularly pointed out by the law of Moſes to ſerve the Iſraelites as ſlaves. They are called <hi>the heathen round about them;</hi> but the mingled nations that deſcended from Abraham and Lot, who were alſo round about the Iſraelites, and idolators too, yet were not in that predicament.</p>
            <p n="6">6. That the commerce in ſlaves within the dominion of Great-Britain is founded upon, and ſupported by acts of parliament.</p>
            <p n="7">7. That this commerce in its various operations, is at preſent a great nurſery for ſeamen, and under proper regulations would be much greater, notwithſtanding ſome unfavorable circum<g ref="char:EOLhyphen"/>ſtances attending the navigation.</p>
            <p n="8">8. And above all, That this trade, under ſuitable reſtrictions and limitations, would be a more effectual means of civilizing negroes, than all the viſionary plans for eſtabliſhing ſugar co<g ref="char:EOLhyphen"/>lonies in Africa, Cochin China, or New Guinea.</p>
            <closer>
               <signed>I am, &amp;c. CANDIDUS.</signed>
               <dateline>
                  <date>
                     <hi>December</hi> 10, 1787.</date>
               </dateline>
            </closer>
         </div>
         <div type="opinions">
            <pb n="18" facs="unknown:020993_0016_0FB16FF2B9B28DB8"/>
            <head>CASES RESPECTING NEGROE SLAVES, WITH OPINIONS THEREON.</head>
            <div type="opinion">
               <p>DUDLY CROFTS, <abbr>Eſq</abbr> was poſſeſſed of a negroe ſlave in the Weſt-Indies, born on his own plantation, who ſerved him in the capacity of his ſervant. Mr. Crofts was made a captain of the new raiſed forces in North-America, for the expedition againſt Canada. He, by the indulgence of the colonel, permitted the ſaid ſlave to act as a drummer in his company, though never inliſted, the captain all the while re<g ref="char:EOLhyphen"/>ceiving his pay as being his ſervant. On his returning from that expedition to England, the captain and his ſlave were taken on board a merchant ſhip by a French privateer, but the ſlave was returned to the captain by the French commiſſary, as one of the king of England's officers, though it ſeems the commiſ<g ref="char:EOLhyphen"/>ſary's agent ſigned a paſſport (which the ſlave hath now in his hand) ſignifying that he was exchanged as a priſoner of war, and by the commiſſary was returned to his maſter, the captain. Since this the captain hath thought fit to ſend this ſlave back to his plantation at Barbadoes, ordering him on board a ſhip, where he was hand-cuffed, to prevent an eſcape; however, by ſome means the fellow got to ſhore, and is commencing an action againſt his maſter for this uſage, alledging that as he was in England he is become a freeman.</p>
               <p>N. B. The ſlave, whilſt in the Weſt-Indies had been bap<g ref="char:EOLhyphen"/>tized by the permiſſion of his maſter.</p>
               <p>
                  <hi>Query,</hi> Whether the captain's property is altered by his ſlave's being in England, or whether the captain having ap<g ref="char:EOLhyphen"/>pointed
<pb n="19" facs="unknown:020993_0017_0FB16FF45402ECC0"/>him his drummer or the commiſſary's paſſport, alters the caſe?</p>
               <p n="2">2. Can the captain compel him to return to the Weſt-Indies, or does a ſlave, by being in England, become a freeman, ſo as to maintain an action for his wages, or can the owner ſue any perſon who detains him for the loſs of his ſervice?</p>
               <p>
                  <hi>A.</hi> I am of opinion that captain Croft's negroe, by his com<g ref="char:EOLhyphen"/>ing to, and reſiding with his maſter in England, or by being baptized, does not gain his freedom; and that the owner of a negroe in England has a right to ſend him to the plantations, or whereſoever elſe he thinks fit; and that ſuch owner, in caſe the ſlave will not obey his commands, has a right to uſe all neceſſary force.</p>
               <p>I am alſo of opinion, that the captain's negroe, by his ſerv<g ref="char:EOLhyphen"/>ing as a drummer in his company, did not thereby gain his liberty, as he never was inliſted in his majeſty's ſervice, accord<g ref="char:EOLhyphen"/>ing to the articles of war; nor do I think that the negroe's be<g ref="char:EOLhyphen"/>ing returned by the French commiſſary, as one of the king's officers, makes any alteration in the caſe; as in fact, he was not then an officer of the king, nor could ſuch negroe, if he had run away from that ſervice, have been puniſhed by martial law, therefore I am of opinion, that ſuch negroe is the captain's pro<g ref="char:EOLhyphen"/>perty, and that he may ſue any perſon who detains him for loſs of ſervice.</p>
               <closer>
                  <signed>EDMUND HOSKINS.</signed>
                  <dateline>LINCOLNS-INN, <date>10th April, 1749.</date>
                  </dateline>
               </closer>
            </div>
            <div type="opinion">
               <p>A. Bought a ſlave in Jamaica and brought him to London, and from thence let him out to a maſter of a ſhip. A. dies, making B. his executor, who received from the maſter of the ſhip the wages the ſlave had earned in the lifetime of the teſta<g ref="char:EOLhyphen"/>tor; the ſlave brings an action againſt the maſter of the ſhip for theſe wages.</p>
               <p>
                  <hi>Query,</hi> Can he maintain the ſaid action?</p>
               <p>
                  <hi>A.</hi> I am of opinion, that the executor is entitled to the wages. The right to the ſlave on his coming to England not being al<g ref="char:EOLhyphen"/>tered, but remaining as it was before, therefore the maſter or his repreſentatives are entitled to his ſervice, and the profits which have been thereby made, and no action can be maintain<g ref="char:EOLhyphen"/>ed againſt the maſter of the ſhip.</p>
               <closer>
                  <signed>P. ELLERS.</signed>
               </closer>
            </div>
            <div type="opinion">
               <pb n="20" facs="unknown:020993_0018_0FB16FF5C0A413E8"/>
               <head>Sir John Strange's opinion, Maſter of the Rolls.</head>
               <p>I am of opinion, that the executor is entitled to the wages, and that the payment to the executor will be a proper defence and anſwer for the maſter of the ſhip, to the action now depend<g ref="char:EOLhyphen"/>ing againſt him.</p>
               <closer>
                  <signed>J. STRANGE.</signed>
               </closer>
            </div>
            <div type="opinions">
               <head>The opinions of the Lords Chancellors, Hardwicke and Talbot.</head>
               <p>In order to rectify a vulgar error, that ſlaves become free by their being in England or Ireland, or from being baptized, the Attorney and Solicitors Generals opinions were taken, which were as follows:</p>
               <q>
                  <floatingText xml:lang="eng">
                     <body>
                        <div type="opinions">
                           <p>We are of opinion, that a ſlave coming from the Weſt-Indies to Great-Britain or Ireland, with or without his maſ<g ref="char:EOLhyphen"/>ter, doth not become free, and that his maſter's property or right in him is not thereby determined or varied; and that baptiſm doth not beſtow freedom on him, or make any al<g ref="char:EOLhyphen"/>teration in his temporal condition in theſe kingdoms. We are alſo of opinion, that his maſter may legally compel him to return again to the plantations.</p>
                           <closer>
                              <signed>P. YORKE. C. TALBOT.</signed>
                           </closer>
                        </div>
                     </body>
                  </floatingText>
               </q>
               <p>Since which, on the ſtrength of theſe opinions, in the year 1763, a black boy, the property of one Rice, a broker, againſt whom a commiſſion of bankrupt had been awarded and iſſued, was publicly ſold by auction, by the aſſignees, under the com<g ref="char:EOLhyphen"/>miſſion, as part of the bankrupt's effects.</p>
            </div>
            <div type="opinion">
               <head>A copy of Lord Mansfield's ſpeech in the caſe of Somerſet and Knowles.</head>
               <p>On Monday, the 22d June, in Trinity term, 1772, the Court of King's Bench proceeded to give judgment in the caſe of Somerſet and Knowles, upon the return of the Habeas Cor<g ref="char:EOLhyphen"/>pus. Lord Mansfield firſt ſtated the return; and then ſpoke to the following purport:</p>
               <p>We pay due attention to the opinion of Sir Philip Yorke and Mr. Talbot, in the year 1729, by which they pledged themſelves to the Britiſh planters for the legal conſequences of bringing negroe ſlaves into this kingdom, or their being bap<g ref="char:EOLhyphen"/>tized; which opinion was repeated and recognized by Lord
<pb n="21" facs="unknown:020993_0019_0FB16FF7436120A8"/>Hardwicke, ſitting as chancellor, on the 19th of October 1749, to the following effect: he ſaid, <q>That trover would lay for a negro ſlave: that a notion prevailed, that if a ſlave came into England, or became a chriſtian, he thereby became emancipated; but there was no foundation in law for ſuch a notion: that when he and Lord Talbot were attorney and ſolicitor general, this notion of a ſlave becoming free by be<g ref="char:EOLhyphen"/>ing baptized prevailed ſo ſtrongly, that the planters induſ<g ref="char:EOLhyphen"/>triouſly prevented their becoming chriſtians: upon which their opinion was taken; and <hi>upon their beſt conſideration they were both clearly of opinion,</hi> that a ſlave did not in the leaſt al<g ref="char:EOLhyphen"/>ter his ſituation or ſtate towards his maſter or owner, either by being chriſtened or coming to England: that though the ſtatute of Charles II. had aboliſhed tenure ſo far, that no man could be a villein regardant; yet if he would acknowledge himſelf a villein in groſs in any court of record, he knew of no way by which he could be entitled to his freedom, with<g ref="char:EOLhyphen"/>out the conſent of his maſter.</q> We feel the force of the inconveniences and conſequences that will follow the deci<g ref="char:EOLhyphen"/>ſion of this queſtion: yet all of us are ſo clearly of one opinion upon the only queſtion before us, that we think we ought to give judgment without adjourning the matter to be argued be<g ref="char:EOLhyphen"/>fore all the judges, as uſual in the habeas corpus, and as we at firſt intimated an intention of doing in this caſe. The only queſtion then is, <hi>Is the cauſe returned ſufficient for the remanding him?</hi> If not, he muſt be diſcharged. The cauſe returned is, the ſlave abſented himſelf and departed from his maſter's ſer<g ref="char:EOLhyphen"/>vice, and refuſed to return and ſerve him during his ſtay in Eng<g ref="char:EOLhyphen"/>land; whereupon, by his maſter's orders, he was put on board the ſhip by force, and there detained in ſecure cuſtody, to be carried out of the kingdom and ſold. So high an act of dominion muſt derive its authority, if any ſuch it has from the law of the kingdom where executed. A foreigner can<g ref="char:EOLhyphen"/>not be impriſoned here on the authority of any law ex<g ref="char:EOLhyphen"/>iſting in his own country. The power of a maſter over his ſervant is different in all countries, more or leſs limited or extenſive, the exerciſe of it therefore muſt always be regulated by the laws of the place where exerciſed. The ſtate of ſlavery is of ſuch a nature, that it is incapable of being now introduced
<pb n="22" facs="unknown:020993_0020_0FB16FF9403160A0"/>by courts of juſtice upon mere reaſoning, or inferences from any principles natural or political; it muſt take its riſe from poſitive law; the origin of it can in no country or age be traced back to any other ſource. Immemorial uſage preſerves the memory of poſitive law long after all traces of the occaſion, reaſon, authority, and time of its introduction, are loſt, and in a caſe of ſo odious a nature as the condition of ſlaves muſt be taken ſtrictly. The power claimed by this return was never in uſe here: no maſter ever was allowed here to take a ſlave by force to be ſold abroad becauſe he had deſerted from his ſervice, or for any other reaſon whatever; we cannot ſay, the cauſe ſet forth by this return is allowed or approved of by the laws of this kingdom, and therefore the man muſt be diſcharged.</p>
            </div>
            <div type="opinion">
               <head>Pariſh of Thames Ditton, againſt St. Luke's, Chelſea.</head>
               <p>A ſpecial caſe reſerved at the ſeſſions came on for the de<g ref="char:EOLhyphen"/>termination of the court of King's Bench, in Eaſter term laſt.</p>
               <p>The caſe was, Charlotte Howe, a negroe girl, was bought in America by Captain Howe as a ſlave, and by him brought to England in 1781: that in November 1781, Capt. Howe went to live in the ſaid pariſh of Thames Ditton, and took this girl with him, and ſhe continued with him there in his ſervice till the 7th June 1783, when he died, ſoon after which ſhe was bap<g ref="char:EOLhyphen"/>tized at Thames Ditton, by the name of Charlotte Howe. That ſhe continued after his death to live with Mrs. Howe, his widow and executrix, who afterwards removed to Chelſea, and ſhe continued to live with her there as before, for five or ſix months, when ſhe left Mrs. Howe; that ſhe was all this time childleſs, and unmarried, and removed by Ditton to Chelſea, as having ſerved the laſt 40 days in that pariſh.</p>
               <p>In this caſe Lord Mansfield very particularly took occaſion to declare, that the public were generally miſtaken in the deter<g ref="char:EOLhyphen"/>mination of the court of King's Bench, in caſe of Somerſet the negroe, which had been often quoted, for nothing more was then determined, than that there was no right in the maſter forcibly to take the ſlave and carry him abroad. That the ge<g ref="char:EOLhyphen"/>neral queſtion, whether the maſter might not ſue any one who entertained him in his ſervice, or for wages, was not before the court, nor was it held that the baptizing ſuch ſlave made any
<pb n="23" facs="unknown:020993_0021_0FB16FFA52F38060"/>alteration in his freedom, or that on ſetting foot in this coun<g ref="char:EOLhyphen"/>try he inſtantly became emancipated. Therefore the only queſ<g ref="char:EOLhyphen"/>tion on the habeas corpus in that caſe was, whether the maſter might forcibly compel the ſlave to go out of this kingdom? when it was determined he could not.</p>
            </div>
            <div type="opinion">
               <head>Blackſtone, v. i. c. 14. p. 425.</head>
               <p>The law of England acts upon general and extenſive prin<g ref="char:EOLhyphen"/>ciples. It gives liberty, rightly underſtood, that is, protection, to a Jew, a Turk, or a Heathen, as well as to thoſe who profeſs the true religion of Chriſt; and it will not diſſolve a civil ob<g ref="char:EOLhyphen"/>ligation between maſter and ſervant, on account of the altera<g ref="char:EOLhyphen"/>tion of faith in either of the parties: but the ſlave is intitled to the ſame protection in England before, as after, baptiſm; and whatever ſervice the heathen negroe owed to his American maſter, the ſame is he bound to render when brought to Eng<g ref="char:EOLhyphen"/>land and made a Chriſtian.</p>
               <trailer>FINIS.</trailer>
            </div>
         </div>
      </body>
   </text>
</TEI>
