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An extract from Mr. Sharp's se
these two men, that the mark was cond letter was given in your second voluntarily made by Harper in their volume, (p. 3 16). It was all I thought presence: for when they are included proper then to publish, but there can in the charge as writing or signing, now be no occasion for reserve. I or as aiding, advising or assisting so esteem it indeed a becoming respect hreinous an attempt, in any other way for the memory of my father's much whatsoever, they are principals in valued acquaivtance and my own, to the crime, and as such cannot be record especially Mr. Sharp's pre- admitted as witnesses in their own vailing sense of religion and his cause. A writ of Habeas Corpus is anxiety for the moral improvement, therefore the surest mode of relief. according to his own views of Christi But if you want to gain time, in anity, of those who had become the order to draw up proper affidavits of objects of his benevolent attention. the charge, and to consider better of
J. T. RUTT. the proper mode of proceeding-you
may hail the man for his appearance
in answer to the pretended charge of Letter I. Copy of a Letter to Mr. debt, for which he is now held in
Harry Gandy, of Bristol, in Answer prison, in case the captain should to his Representation of the Case of venture to proceed in that charge, Harry Harper, * a Poor Negro, that in which case you must previously was Trepanned to be sold as a Slave. obtain the evidence of some of the DEAR SIR, 8th August, 1796.
ship's crew, that Harper was actually
employed and did work as a seaman AM sorry that a very particular by the captain's orders, going aloft,
engagement in business prevented &c. during the passage. Sueh proof me on Saturday from answering your will not only effectually bar and set obliging letter by the return of the aside the captaiu's charge against him post.
for passage money (because no men If the indenture or writing on
that work as seamen are ever liable which Captain Alleyn has made a
to be charged as passengers), but will, mark (when he forcibly directed the at the same time also, entitle the hand of poor Harry Harper, by way man to wages during the passage; of a signature,) bas been signed also for whenever labour is performed the by the mate and the owner's clerk, wages are due in law, even though who were present, they are both of there was no previous agreement for them as well as the Captain himself,
wages. And as to any pretence or and also the owner, if he advised the claim that the captain may set up measure, equally liable to penalties of against Harper, as having by his es£500 each, on the Habeas Corpus cape from the island on board his Act, by mere actions of debt, which ship, rendered him liable to the the Negro, or any other person, inay penalty of £100, this cannot entitle sue as that Act directs, with triple the captain to any remedy or con, costs besides a premnunire: if the mate sideration whatever by the laws of and clerk have actually set their England, which cannot effect any hands to any writing intended as an thing contrary to the laws of God instrument for the purpose of an in- (the foundation of the laws of Envoluntary transportation of any man gland); for “to deliver up to his maswhatsoever, out of this kingdom be- ier the servant" (or slave), “ that yond the seas, contrary to the express has escaped from his master"-is exprohibition of that Act, they are cer
PRESSLY FORBID by God himself. tainly liable to be charged as princi “ Thou shalt not deliver unto his pals in the conspiracy, whereby the master the servant which is escaped captain will not be able to avail him from his master unto thee. He shall self of the pretended testimony of dwell with thee even among you, in
the place which he shall choose, in * This gentleman first received Mr. one of thy gates where it liketh him Clarkson at Bristol, when he went on his best: thou shalt not oppress him.” mission of inquiry from the committee in Though this is a part of the Mosaic 1807. Hist. Abol, I, 294. R,
law, (Deut xxiii. 16,) yet it is no 2 v
part of the ceremonial law of the the neglect, and said that “even now Jews, now superseded and become it was better late than never," or words obsolete, but it is manifestly a moral to that effect. law, a branch of the moral revealed It is therefore under a painful sense law of God, which is of eternal obli- of this inexcusable neglect that I take gation. And all the colonial laws, up the pen, not with a view to apolothat are contrary thereto, are ipso gize for the shameful omission, befacto null and void according to the cause I know it will admit of none, constitution of England, and cannot but just to say, what ought to have be effectual to recover any such pre-, been said almost a year since, that tended penalties, if this proper pleathy acceptable letter had its desired be opposed to them: for even a sta- effect: for in a day or two after it tute of Parliament, enacted and formed came to hand, I had another opporby all the requisite authority of king, tunity with the merchant and Caplords and commons, must be deemed tain Alleyn, who, on perusing thy equally null and void for any purpose letter, and finding us determined to that is directly contrary to an express defend poor Harry Harper, they law of God!
readily relinquished their claim and Mr. Wilberforce and Mr. H. Thorn- released the prisoner, and settled the ton are at a great distance in the matter to mutual satisfaction: precountry, and indeed most of the lead. vious to which we had employed an ing members of our society are out of attorney, who on reading thy letter, town : and, besides, we have no asked me if the gentleman who wrote funds, having spent all long ago! As it, was not a counsellor. I told him to myself, I have sunk so much money he was not professionally so, but in in a variety of litigations on behalf of point of legal knowledge, he was the poor Blacks, that it is absolutely superior to most of them. out of my power to afford any further I dont know that ever I was guilty pecuniary assistance; but, as I have of such a breach of correspondence actually established the practice of before, which is the more reprehenreodering the Habeas Corpus Act sible as the end, by that now alluded effectual for relief in all such cases, I to, was so fully and completely anhope you will find no difficulty in swered; so that it justly and deproceeding under the direction of servedly precludes even the hope of a some honest and intelligent lawyer. reply to this, although such, comI remain with great esteem, prised but in a single line, would Dear Sir,
administer great relief to the uneasy Your affectionate friend and mind of thy obliged and affectionate Humble servant,
friend, GRANVILLE SUARP.
HARRY GANDY. Mr. Harry Gandy, at Bristol.
Granville Sharp, London,
Letter II. Mr. Gandy in Reply to Letter III. Copy of a Letter to Dr. Mr. Granville Sharp.
Fox, (Falmouth,) respecting a NeBristol, 8th of sth Mo. 1797. DEAR FRIEND,
No. 1, Garden Court, Temple, WHY obliging favour, dated this
Sir, London, Uith July,.1798.
AST week on my return from important contents, perused by such a number of friends here to the African a letter from Mr. William Phillips, cause, that for a while I actually (son of your friend James Phillips,) kuew not where it was; so that when inclosing your letter of the 29th ult. I found it, the time for answering it respecting a poor Negro boy in danwas so far elapsed, that I onitted, ger of being sent abroad as a slave, through that and some other causes, &c. It was never an object of the doing it to this day: which I men- Society for the Abolition of the Slave tioned a few days since, with real Trade, to undertake the defence by concern to our worthy friend Richard law of individual slaves against their Philips, who justly reproved me for oppressors, but only to solicit a general abolition of the infamous without his master, doth not become traffic by the legislature: and, be- free," &c. " and that the master may sides, the society has not met for a legally compel him to return again to long time, and their funds are en- the plantations." (Signed) P. York tirely expended. I am not a member and C. Talbot, and dated 14th Jan. of the Philanthropic Society, and am 1729.7 All which I disproved as quite unacquainted with their rules, being contrary to the foundations of but I apprehend that it would not the English law. come within the usual practice or rules After the publication of my book, of that society to advance any money in 1769, 1 set many more Negroes towards paying the expense of send at liberty, recovering them, by writs ing the boy to London.
of Habeas Corpus, from on board the To satisfy your third question- ships in which they were confined: “ What success has attended similar and by prosecuting their masters, attempts to rescue from slavery poor outil Lord Mansfield, in the case of Negroes who have accidentally been James Somerset (whom I protected) brought into other British ports?"- was compelled to give up the point It is necessary that I should acquaint in 1772, and to acknowledge from the you that I was obliged to defend Bench (in opposition to the abovemyself at a heavy expense against an mentioned opinion of York and Talaction at law for having set a Negro bot, which he cited, as well as at liberty in the year 1767, one Jona- against his owu former assertions and than Strong;* that my prosecutor, practice), that “a case so odious as James Kerr, Esq. a Jamaica planter, the condition of slaves must be taken was at length nonsuited and paid strictly: that tracing the subject to triple costs; that I then printed the natural principles, the claim of slavery , arguments which I had drawn up for never can be supported. That the my own defence against an opinion power claimed by this return," (viz. formerly given by the Lords Hard- the return made by James Somerset's wick and Talbot jointly, when the master, Mr. David Lisle, I a Lawyer, one was Attorney General and the who afterwards challenged me to other Solicitor General (a copy of fight him, because I had liberated his which had been produced to intimi. servant,) " was never in use here or date me), stating, “ that a slave by acknowledged by the law. That no coming from the West Indies to Great master“ was ever allowed here to take Britaiu or Ireland, either with or a slave by force to be sold abroad
because he had deserted from bis ser
vice, or for any other reason whatever, Whom "Mr. David Lisle had brought over from Barbadoes,” and afterwards “ used in a barbarous manner, par- + “ Opinion. We are of opinion that ticularly by beating him over the head a slave by coming from the West Indies to with a pistol.” The consequence was, Great Britain, or Ireland, either with, or that Strong became afflicted with a com- without his master, doth not become free ; plication of disorders," and being there and that his master's property or right in fore wholly useless, was left by his master bin, is not thereby determined or varied; to go whither he pleased.” Mr. G. S.'s and that baptism duth not bestow freedom brother, Mr. William S. was an eminent on him, nor make any alteration in his surgeon. Among his poor patients, Strong temporal condition in these kingdoms. We applied. Mr. G. s. thus met with him, are also of opinion, that the master may gave him money, and when cured, provided legally compel him to return again to the for him a place. Lisle, “ his master, hap- 'plantations, pened to see him," contrived to kidnap
P. YORK, him, and sold him to Kerr “ for thirty
C. TALBOT." pounds;" but Mr. S. rescued him from
Jan. 14, 1729." “the Poultry Compter," where “ be was
Representation, &c. p. 2. R. conveyed without any warrant,” till he could be put on board a ship for Jamaica.
I This must be a misnomer by the Clarkson. Hist. Abol. 1. 67–70. This copyist, which escaped Mr. Sharp's corcircunstance seeins to have first turned rection. According to Clarkson, I. 76, Mr. Sharp's attention to the condition of Somerset's master's dame was 'Charles
Stewart. R., Negroes." R
We cannot say" (here his Lordship letter, and finding us determined to spoke in the name of all his brethren, defend poor Harry Harper, they the Judges on the Bench We can readily relinquished their claim and not say " the cause set forth by this released the prisoner, and settled the returu is allowed or approved of by matter to mutual satisfaction : prethe laws of this kingdom, and there. vious to which we had employed an fore the man (meaning James So- attorney," &c. merset), must be discharged." This With respect to the present case of clear decision of the Court of King's the poor boy at Falmouth, be assured Bench has since been recognized and that auy person who shall attempt to admitted by other courts as un- carry bim away out of the kingdom, questionable, particularly in the case against his will, most certainly be of Cay and Chrichton in 1773, in the liable to a penalty of £500, besides Prerogative Court (Doctors' Com- triple costs; and that every person mons), by the then Judge, Dr. Hay, that shall have been advising, aiding and afterwards in the High Court of or asisting in any such forcible carryAdmiralty, on the 29th of June, 1776, ing away, or even any attempt to in the case of Rogers, alias Rigges, carry him away, will also be liable to against Jones. And yet I have still actions of debt for the same penalbeen obliged, even afterwards, to in- ties: and this mode of proceeding by terfere for the relief of several other actions of debt is prescribed by law poor Negroes, and I always succeeded to facilitate the recovery of the pe(God be thanked) in obtaining their nalties, for which, either the boy liberty; but I never proceeded so far himself or any other person is enin the prosecutions against their mas. titled to sue by the Habeas Corpus ters, as to press them for the pe. Act. cuniary penalties to which they are The only difficulty of the present really liable by the Habeas Corpus case consists in the bad character of Act, because I was always contented the boy, as he “has been detected to stop proceedings as soon as they (you say) more than once in a submitted and gave up the poor op- theft." Now an habitual thief is, inpressed people.
deer, a slave in the very worst sense, As this long contested point is now being actually the property, as well as so clearly determined, and the modes the son (by a fatal regeneration the of proceeding for the relief of poor wrong way) of the most cruel of all injured Negroes so thoroughly es- slave-holders, the devil * himself, that tablished, I think myself justified (af- “prince of the power of the air, the ter so much Jabour and expense) in spirit that now worketh in the childeclining to take upon myself any dren of disobedience.” (Ephes. ii. 2.) further burthen of expense either of But as the spiritual slavery of the time or money, because I cannot poor lad has, probably, been occareally afford either of them at pre- sioned by the unchristian negligence sent: yet, as a farther answer to your of a West Indian education, we may third inquiry above-mentioned, I have hope that a plain and friendly remonsubjoined the copy of a letter which strance addressed to his conscieoce I wrote on the 8th of August, 1796, to his “ natural knowledge of good to Mr. Harry Gandy, of Bristol, on and evil," with the addition of a little his application to me in behalf of a Christian instruction and charitable poor Negro. I did not receive his advice how he ought to resist the answer till the next year; it was impulses of his worst master, (his dated exactly on the anniversary of master's master, the spiritual slavemy date, twelve months afterwards, holder,) by praying for the assistance (viz. 8th of 8th mo. 1797,) and con. of the Holy Spirit (which is absotaius a very handsome apology for lutely promised to all that will faithhaving so long neglected to make his fully Ask for that supreme gift in our aeknowledgment, and he added as Lord's name; so that PRAYER for it, follows:-" Thy acceptable letter had the desired effect: for in a day or two after it canie to band, I had another S. wrote
Amoug a great variety of tracts, Mr.
one in support of diabolical opportunity with the merchant and agency and possessions in the most popuCaptain Alleyn, who, on perusing thy lar sense.
setting aside all delusive evasions which ought to be obeyed by all about waiting,t is really a command, Christians, who hope to obtain or the
exceeding great and precious pro+ Here is a bint of disapprobation at mises” of being “partakers of the the peculiar opinions of bis correspondent, Divine Nature"), will, altogether, who was one of the Society of Friends.
prove the most effectual means of In the Representation, &c. pp. 69, 70, rescuing the poor lad from his spispeaking of a law in Barbadues pre- ritual tyrant: for " where the spirit vent people called Quakers, from bringing Negroes to their meetings," Mr. S. adds, of the Lord is, there is LIBERTY." “though I am sufficiently aware of the And if he be afterwards taught to enormous errors of the Quakers, having read, and placed as an apprentice to carefully perused most of their principal some useful artificer, as a carpenter, authors, yet ain I convinced, that their smith, or cooper, &c. he may cercharitable endeavours to instruct these taiply retrieve his character and bepoor slaves, to the best of their knowledge come a useful and respectable member and belief, will render thew more ac- of society. ceptable to God, than all the other sects
I am, with esteem for your beof nominal Christians (howsoever orthodox in profession of faith) who either nevolent character, oppose or veglect the same. ( that this
Sir, exemplary charity of the Quakers (how
Your humble servant, ever despicable their doctrines appear in
GRANVILLE SHARP. many other respects) may provoke to
Dr. Richard Fox. jealousy and amendment those lukewarın Christians who profess and dishonour a more orthodox faith.” R,
we learn little more of them than that
last Number (p. 284), signed the former very little charity, except “ An Old Unitarian," cannot fail of for Calvinists and Churchmen. The exciting some attention. I hasten to terms are not new to me, but they answer it, not from a desire to outstrip are very variously applied. Someabler defenders, but because I am not times they merely distinguish age; an unhired advocate. I owe so much and certainly a Unitarian of sixty is to the kindness and virtues of those old compared with one of five and whom your Correspondent has at- twenty. But this is not your Cortacked, that my silence would be both respondent's sense of the term, for unjust and ungrateful. It is not easy many of the “ sociétés ambulantes," to meet an opponent who insinuates at which he sneers, owe their existat least as much as he asserts; who ence and prosperity to the powerful designates ambiguously the class to recommendation and exertions of such which he belongs, and that which he Old Unitarians as the late venerable accuses ; and who seems a perfect Dr. Toulmin, and others resembling master of that covert mode of attack bim in character, talent, zeal and age, by which Gibbon and others did who happily still survive. I have much more injury to revelation than sometimes heard those of the present infidels of greater frankness. Such a generation called new Unitarians : but style, however it may pain and wound, who that lives is inore zealous or acis not favourable to friendliness in tive, more bold in stating unpopular, controversy, for it seldom happens, as or more forcible in attacking popular at the sacrifice of Iphigenia, that the doctrines, or more open and heretical knife is concealed from tenderness to in politics, than Dr. Priestley? Those the victim.
who hold the pre-existence of Christ, Who are the old and the new Uni- are called occasionally Old Unitarians ; tarians, of whom your Correspondent and the highly respectable gentleman talks so familiarly, as if they were whose talents, literature, celebrity and well-known parties? From his Letter character deservedly place him at the