them. The case of James Somerset was chosen as the subject of trial.
This man had been brought to England in November, 1769, by his master, Charles Stewart, from Virginia, and in process of time, had left him. Stewart had had him suddenly seized and carried on board the Ann and Mary, Captain Knowles, in order to be taken to Jamacia and there sold for a slave.
On 7th February, 1772, the cause was tried in the King's Bench, before Lord Chief Justice Mansfield, aided by Justices Ashton, Welles and Ashurst. The question at issue was, "Is every man in England, entitled to the liberty of his person, unless forfeited by the Laws of England?" This was affirmed by the advocates of Somerset; and Mr. Sergeant Davy, who opened his cause broadly declared, "that no man at this day is or can be, a slave in England."
Mr. Davy supported this proposition by the most substantial documents drawn from the history of the country. He showed that the laws of England alone, rule in England; and that the laws of Virginia had no more validity in England, than the laws of Japan. He discussed the argument of convenience, on either side of the question—and concluded by stating the authorities, in various cases, by which it had been decided, that no man could here be the property of another. Of one of these, he thus spoke: "This was in the case of Cartwright, who brought a slave from Russia, and would scourge him. For this, he was questioned—and it was resolved, that England was too pure an air for slaves to breathe in." (See Rushworth's Collections, p. 468.) "That was in the 11th of Queen Elizabeth. I hope my Lord, the air does not blow worse since—I hope they will never breathe here; for this is my assertion, 'the moment they put their foot on English ground, that moment they become free.' They are subject to the laws and they are entitled to the protection of the laws of this country; and so are their masters, thank God."
Mr. Sergeant Glynn followed and powerfully supported Davy.
Here Lord Chief Justice Mansfield was so impressed
