Note 17 — CONSIDERATIONS ON THE NEGROE CAUSE, &c.

There are two cases referred to in Mr. Hargrave’s argument, (p. 52. and p. 54.) which are not only fully explanatory of the above principles, but support the opinion of the Lord Chancellours, Hardwick and Talbot; and are in direct proof of the whole of my argument. The cases I allude to, are those of Butts and Penny, and Gelly against Cleve. The first was an action of Trover for 10 Negroes; and there was a special verdict, &c. The Court held, that Negroes being usually bought and sold amongst Merchants, and being infidels, there might be a property in them sufficient to maintain the action. In the second case, the Court is said to have held, that Trover will lie for a Negroe boy, because Negroes are Heathens; and therefore a man may have property in them; and the Court without averment will take notice, that they are Heathens. Now upon two judicial determinations are the very reasons of my argument held and alledged. Negroes are infidels: Negroes are Heathens: of course unpossessed of those religious and moral truths, which the Gospel impresses upon all minds capable of receiving them; and therefore the law, regarding the inferior state of their nature, has considered them merely as property bought and sold among merchants.