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James Stout

๐Ÿ‘ค Speaker
8700 total appearances

Appearances Over Time

Podcast Appearances

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.

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

I feel like this makes me free, right?

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

Yeah.

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

So large numbers of enslaved people in England start fleeing their masters in an errant belief that slavery had ended on the island.

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

Many abolitionists who misunderstood the ruling celebrated it as a sign of the fundamental justice and equality of English law.

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

Judge Mansfield had to issue a note that the case was only really relevant to a specific niche situation, which caused Ben Franklin to joke that English abolitionists were celebrating the majesty of their legal system for its virtue in, quote, setting free a single Negro, right?

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

Where he's like, okay, guys, like, it's good, but, like, maybe calm down a little bit, you know?

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

Yeah, pipe down.

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

Yeah, this is one guy.

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

There's still a lot of guys.

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

Still a net negative.

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

Now, this judge, the Earl of Mansfield, is a really interesting guy because not only is he the judge in the Somerset case, he's going to be the judge in the Zorg case.

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

Now, this isn't weird because he's one of the most significant figures in the whole history of English law.