Note 412 — PART THE SECOND. (continued 10)

The force and beauty of this passage will be best understood by the following statement. A slave, of the name of Somerset was brought over to England from the West Indies, by his master, Mr. Stewart. Shortly after, he absented himself, and refused to return. He was pursued and arrested, and by Mr. Stewart's orders forcibly put on board a ship, the captain of which was called Knowles. He was there detained in custody, to be carried out of the kingdom and sold. The case being made known was brought before Lord Chief Justice Mansfield, in the Court of King's Bench, June 22, 1772. The judgment of Lord Mansfield, on this occasion, was as follows:—"A foreigner cannot be imprisoned here, on the authority of any law existing 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 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." "In other words," says a report of the case, "a negro slave, coming from the colonies into Great Britain, becomes ipso facto Free."