Mansfield's Decision 253. Somerset's Case. (1771. 20 State Trials, 82.) THE only question before us is, whether the cause on the return [to a habeas corpus] is sufficient? If it is, the negro must be remanded; if it is not, he must be discharged. Accordingly, the return states, that the slave departed and refused to serve; whereupon he was kept, to be sold abroad. So high an act of dominion must be recognized by the law of the country where it is used. The power of a master over his slave has been extremely different, in different countries. The state of slavery is of such a nature, that it is incapable of being introduced on any reasons, moral or political, but only by positive law, which preserves its force long after the reasons, occasion, and time itself from whence it was created, is erased from memory. It is so odious, that nothing can be suffered to support it, but positive law. Whatever inconveniences, therefore, may follow from the decision, I cannot say this case is allowed or approved by the law of England; and therefore the black must be discharged. 254. Dunning's Resolution (1780, April 6. Resolution of the House of Commons. 21 Parliamentary History, 347.) I. "THAT it is the opinion of this committee, that it is necessary to declare, that the influence of the crown has increased, is increasing, and ought to be diminished." II. "That it is competent to this house, to examine into, and to correct, abuses in the expenditure of the civil list revenues, as well as in every other branch of the public revenue, whenever it shall appear expedient to the wisdom of this house so to do." 255. Dissolution of Parliament does not impair Impeachment. MR. (1790, December 20. 28 Parliamentary History, 1035.) R. BURKE moved: "That it appears that an impeachment by this house, in the name of the commons of Great Britain, in the parliament assembled, and of all the commons of Great Britain, against Warren Hastings, Esq., late governor general of Bengal for sundry high crimes and misdemeanours is now depending." Passed. WH 256. Fox's Libel Act (1792. 32 George III. c. 60. 37 S. L. 627.) HEREAS doubts have arisen whether on the trial of an indictment or information for the making or publishing any libel, where an issue or issues are joined between the king and the defendant or defendants, on the plea of not guilty pleaded, it be competent to the jury impanelled to try the same to give their verdict upon the whole matter in issue; be it therefore declared and enacted by the king's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that, on every such trial, the jury sworn to try the issue may give a general verdict of guilty or not guilty upon the whole matter put in issue upon such indictment or information; and shall not be required or directed, by the court or judge before whom such indictment or information shall be tried, to find the defendant or defendants guilty, merely on the proof of the publication by such defendant or defendants of the paper charged to be a libel, and of a sense ascribed to the same in such indictment or information. II. Provided always, that, on every such trial, the court or judge before whom such indictment or information shall be tried, shall, according to their or his discretion, give their or his opinion and directions to the jury on the matter in issue between the king and the defendant or defendants, in like manner as in other criminal cases. III. Provided also, that nothing herein contained shall extend, or be construed to extend, to prevent the jury from finding a special verdict, in their discretion, as in other criminal cases. IV. Provided also, that in case the jury shall find the defendant or defendants guilty, it shall and may be lawful for the said defendant or defendants to move an arrest of judgment, on such ground and in such manner as by law he or they might have done before the passing of this act; anything herein contained to the contrary notwithstanding. 257. Suspension of the Writ of Habeas Corpus WHE (1794. 34 George III. c. 54. 39 S. L. 556.) HEREAS a traitorous and detestable conspiracy has been formed for subverting the existing laws and constitution, and for introducing the system of anarchy and confusion which has so fatally prevailed in France; therefore, for the better preservation of His Majesty's sacred person, and for securing the peace and the laws and liberties of this kingdom; be it enacted by the king's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that every person or persons that are or shall be in prison within the kingdom of Great Britain at or upon the day on which this act shall receive His Majesty's royal assent, or after, by warrant of His said Majesty's most honourable privy council, signed by six of the said privy council, for high treason, suspicion of high treason, or treasonable practices, or by warrant, signed by any of His Majesty's secretaries of state, for such causes as aforesaid, may be detained in safe custody, without bail or mainprize, until the first day of February one thousand seven hundred and ninety-five; and that no judge or justice of the peace shall bail or try any such person or persons so committed, without order from His said Majesty's privy council, signed by six of the said privy council, till the said first day of February one thousand seven hundred and ninety-five; any law or statute to the contrary notwithstanding. II. And be it further enacted by the authority aforesaid, that the act made in Scotland in the year of our Lord one thousand seven hundred and one, (entitled, An Act for preventing wrongful Imprisonment, and against undue Delays in Trials), in so far as the same may be construed to relate to cases of treason and suspicion of treason, be suspended until the first day of February one thousand seven hundred and ninety-five, and that until the said day no judge, justice of peace, or other officer of the law in Scotland, shall liberate, try, or admit to bail, any person or persons that is, are, or shall be, in prison within Scotland, for such causes as aforesaid, without order from His said Majesty's privy council, signed by six of the said privy council: provided always, that, from and after the said first day of February one thousand seven hundred and ninety-five, the said persons so committed shall have the benefit and advantage of all laws and statutes in any way relating to or providing for the liberty of the subjects of this realm, and that this present act shall continue until the said first day of February one thousand seven hundred and ninety-five, and no longer. III. Provided always, and be it enacted, that nothing in this act shall be construed to extend to invalidate the ancient rights and privileges of parliament, or to the imprisonment or detaining of any member of either house of parliament during the sitting of such parliament, until the matter of which he stands suspected be first communicated to the house of which he is a member, and the consent of the said house obtained for his commitment or detaining. WHE 258. Act of Union with Ireland (1800 July 21. 40 George III. c. 67. 42 S. L. 648.) HEREAS in pursuance of His Majesty's most gracious recommendation to the two houses of parliament in Great Britain and Ireland respectively to consider of such measures as might best tend to strengthen and consolidate the connection between the two kingdoms, the two houses of the parliament of Great Britain and the two houses of the parliament of Ireland have severally agreed and resolved, that, in order to promote and secure the essential interests of Great Britain and Ireland, and to consolidate the strength, power, and resources of the British Empire, it will be advisable to concur in such measures as may best tend to unite the two kingdoms of Great Britain and Ireland into one kingdom, in such manner and on such terms and conditions, as may be established by the acts of the respective parliaments of Great Britain and Ireland. And whereas, in furtherance of the said resolution, both houses of the said two parliaments respectively have likewise agreed upon certain articles for effectuating and establishing the said purposes, in the tenor following: ARTICLE I That it be the first article of the union of the kingdoms of Great Britain and Ireland, that the said kingdoms of Great Britain and Ireland shall, upon the first day of January which shall be in the year of our Lord one thousand eight hundred and one, and forever after, be united into one kingdom, by the name of The United Kingdom of Great Britain and Ireland; and that the royal title and titles appertaining to the imperial crown of the said united kingdom and its dependencies, and also the ensigns, armorial flags and banners thereof, shall be such as His Majesty, by his royal proclamation under the great seal of the united kingdom, shall be pleased to appoint. ARTICLE II That it be the second article of union, that the succession to the imperial crown of the said united kingdom, and of the dominions thereunto belonging, shall continue limited and settled in the same manner as the succession to the imperial crown of the said kingdom of Great Britain and Ireland now stands limited and settled, according to the existing laws, and to the terms of union between England and Scotland. ARTICLE III That it be the third article of union, that the said united kingdom be represented in one and the same parliament, to be styled The Parliament of the United Kingdom of Great Britain and Ireland. ARTICLE IV That it be the fourth article of union, that four lords spiritual of Ireland by rotation of sessions, and twenty-eight lords temporal of Ireland elected for life by the peers of Ireland, shall be |