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James Stout

๐Ÿ‘ค Speaker
7732 total appearances

Appearances Over Time

Podcast Appearances

Behind the Bastards
Part Two: X-Mas Special: The Heroes Who Ended The Slave Trade

Which is something, but it's not the same as like there being a law saying you could do this, right?

Behind the Bastards
Part Two: X-Mas Special: The Heroes Who Ended The Slave Trade

Yeah, right.

Behind the Bastards
Part Two: X-Mas Special: The Heroes Who Ended The Slave Trade

You can't point to it as a slavery act.

Behind the Bastards
Part Two: X-Mas Special: The Heroes Who Ended The Slave Trade

Yeah, exactly.

Behind the Bastards
Part Two: X-Mas Special: The Heroes Who Ended The Slave Trade

Even when we go back in American history, when we're looking for when chattel slavery begins, you can see cases where there are indentured servants, right?

Behind the Bastards
Part Two: X-Mas Special: The Heroes Who Ended The Slave Trade

And as a form of punishment, their terms of service are extended.

Behind the Bastards
Part Two: X-Mas Special: The Heroes Who Ended The Slave Trade

But then it appears that the black people's terms of service are not extended, presumably because they are assumed to be

Behind the Bastards
Part Two: X-Mas Special: The Heroes Who Ended The Slave Trade

in servitude for their entire life by nature of who they are right but like we can't point to a this is when they decided it was going to be like that and those were the rules

Behind the Bastards
Part Two: X-Mas Special: The Heroes Who Ended The Slave Trade

Right, right.

Behind the Bastards
Part Two: X-Mas Special: The Heroes Who Ended The Slave Trade

Yep.

Behind the Bastards
Part Two: X-Mas Special: The Heroes Who Ended The Slave Trade

So, Granville comes into the 1770s well-armed to argue that slavery is not really legal.

Behind the Bastards
Part Two: X-Mas Special: The Heroes Who Ended The Slave Trade

Next, per Mike Kay's piece for antislavery.org, in 1772, Sharp defended James Somerset, a slave who had escaped and been recaptured.

Behind the Bastards
Part Two: X-Mas Special: The Heroes Who Ended The Slave Trade

This proved to be a crucial test case, as Sharp argued that slavery itself was unlawful in Britain.

Behind the Bastards
Part Two: X-Mas Special: The Heroes Who Ended The Slave Trade

Lord Mansfield, the chief justice and presiding judge, was reluctant to reach a conclusion on whether the right to property outweighed the right to freedom and tried to persuade the parties to settle out of court.

Behind the Bastards
Part Two: X-Mas Special: The Heroes Who Ended The Slave Trade

When this failed, he attempted to word his decision so that he freed Somerset without setting a precedent.

Behind the Bastards
Part Two: X-Mas Special: The Heroes Who Ended The Slave Trade

Despite Mansfield's efforts, most observers, including other judges, thought that the effect of the judgment was to free slaves that were brought to Britain and that this provided a legal avenue for many slaves to obtain their freedom.

Behind the Bastards
Part Two: X-Mas Special: The Heroes Who Ended The Slave Trade

So this is kind of the case where Mansfield is doing everything he can for this not to have any wider effect.

Behind the Bastards
Part Two: X-Mas Special: The Heroes Who Ended The Slave Trade

But all people hear is that, like, well, this guy got freed, right?

Behind the Bastards
Part Two: X-Mas Special: The Heroes Who Ended The Slave Trade

Let's try it some more.

Behind the Bastards
Part Two: X-Mas Special: The Heroes Who Ended The Slave Trade

Yeah, yeah.