G. S. to Dr. John Sharp.

"January 31, 1786.

"I do not remember whether I mentioned to you the late requisition to the two Archbishops from the Episcopal churches of six or seven of the principal provinces in America, which met by deputation at Philadelphia, in a general convention, last September, requesting that they will consecrate three clergymen, whom they will send over, in order that they may be Bishops in America. The Archbishop of Canterbury told me, that the requisition is a very proper one, and expressed in very respectful terms; and assured me, that he is a sincere friend to what is proposed, and will promote it to the utmost of his power, provided they send persons duly qualified.

"I read to him the promise I had written to Dr. Franklin, and he highly approved of it, and said I had not at all exceeded what had passed between. us, and that he would abide by what I had promised.'"

CHAP. VII.

AFFAIRS hitherto seemed to be in the most prosperous state of progress; but some circumstances now occurred, to put in question the intended consecration of the American Bishops. The Archbishops of York and Canterbury had conceived some doubts respecting the orthodoxy of the Presbyterian students; and other obstacles had also occurred, allusions to which are found in a letter to the Rev. Dr. Findlay, in 1786.—

[EXTRACT.]

"With respect to the Episcopacy of the Nonjurors in Scotland, I have already received from America an answer to mine on that head-viz. that a copy of it should be laid before the general Convention of Episcopal clergy and people (sent from several provinces) that was to be held at Philadelphia in September last. In that letter, I had stated several objections to the Nonjuring Bishops; and the consequence has been, it seems, that the Convention have resolved to make a formal requisition to the English Bishops for consecration. This has alarmed the Cabinet here. If they grant the just and reasonable request, (which they cannot refuse without rebellion against the kingdom of Christ), the first American Bishop recovers a large sum of money, left by the late Archbishop Secker, as also by Mr. Boyle and some others, for the first establishment of an American Episcopate. And the same worldly spirit in the Cabinet makes them afraid, it seems, to send a Bishop to the remaining dependent colonies in Nova Scotia (which they had once determined), lest the clergy there, when they no longer have occasion to come over to England for orders, should lose the leaven of time-serving, and promote independency and revolt. Dr. Franklin has approved my tract on Episcopacy, and is now an advocate for electing bishops in America. In my letters, I had assured him, from very high authority, that our Government would certainly favour any requisition they should make for the consecration of their elected Bishops; but the worthy Prelate, who induced me to make such a promise, was not

Thus far Mr. Sharp's own narrative. It is now proper to give some account of the singular instrument by which he secured his triumph over his opponent.

The Tract on the Injustice of tolerating Slavery in England, was a plain, manly, and clear defence of the part which he had taken. In it, he combated the opinion of York and Talbot, first, by opposing to it the authority of the eminent Lord Chief Justice Holt: he then impugned it, by asserting that it was delivered conditionally only, not absolutely, and stated its conditional conclusion to be perfectly right, and its defect to be, the having omitted to express the condition on which alone it rests-namely, the existence of a prior contract in writing, denoting the voluntary relinquishment of freedom on the part of the slave.

He next proved, by legitimate distinctions, that a Negro is neither of a base nature, nor a thing—as he had been termed by slaveholders—but that he possesses from nature the privilege of his humanity, and that he does not fall within any of the cases in which the English laws divest a man of that privilege*.

He then proceeds to state, agreeably to his first conception of the subject, that every man in England is a bounden subject of the King, and thereby a part of his property, and entitled to his protection; and he finally demonstrates the wisdom of our laws in the use of the general, comprehensive terms, in which all subjects, of whatever rank or condition, actual or prospective, are alike included.-This doctrine he supports by the Act of Charles II., For the better

66

from Mr. Kerr, costs, on account of the suit in behalf of Jonathan Strong, 197. 14s.; and paid Mr. Colston's bill (his attorney) out of it, 117. 3s. 11d.; and to Adkinson, 17. 18.

Lisle seems to have made a second attempt to establish his claim, but probably soon found his error, as no farther mention of it occurs beyond the following note:

"Old Jewry, 3d June, 1769. "Mr. G. S. presents his best compliments to Mr. Mist, and will be much obliged to him if he will be pleased to acquaint Jonathan Strong, that Mr. Kerr has litigiously commenced another action on his account with Mr. James and Granville Sharp, notwithstanding that his attorneys deceitfully contrived to keep the last suit in suspense for eight terms (though only three are allowed by the law) without daring to bring it to an issue."

"Disabling him to hold any office or franchise, as if such person was naturally dead." G

securing the Liberty of the Subject," &c.-These were the arguments of the First and Second Parts.

To a clear and convincing statement of such facts, he added a menacing caution to all who should dare to advise or abet the imprisonment of Negroes, of which proceeding he showed the danger, on the authority of the same Act of Parliament*. The conclusion of

* In an occasional addition to the first part of his tract, addressed, “to Messrs. David L-le, James K-r, John R-ss, William M-cb-n, James M-11-r, and David L-d," after alluding to the civil divesture mentioned in the preceding note, he proceeds thus:

"But there are, likewise, other cases wherein a man may be said (in a moral sense) to divest himself of humanity, and subject himself to the civil death before mentioned, being liable to be put out of the King's protection. For instance, Every man who ranks his Negro servant with his horse or his dog; calls him private property; and, as such, presumes to commit, detain, imprison, or sell him FOR TRANSPORTATION OUT OF ENGLAND, contrary to the true meaning of the statute of 31 Charles II., which is expressly intended for the better securing the LIBERTY OF THE SUBJECT, and for prevention of imprisonment beyond the sea;'-for, as there is no exception whatsoever of any particular rank or denomination of subjects, every individual (except the King himself) is most certainly included under this general term, Subject. Likewise, all or any person or persons, who shall have framed, contrived, written, sealed, or countersigned, any warrant or writing' [N. B. A bill of sale may certainly be included under these terms] for such commitment, detainer, imprisonment, or transportation; or shall be advising, aiding, or assisting in the same, or any of them.' [Note again, That it is dangerous even to give opinions, or to act as counsellor or attorney in favour of so bad a cause.] And the plaintiff in every action shall have judgment to recover his treble costs, besides damages; which damages, so to be given, shall not be less than five hundred pounds. In which action, no delay, stay, stop of proceeding by rule, order, or command, nor no injunction,' [for the Judge may not direct the Jury contrary to this statute, let his private opinion be what it may] 'protection, or privilege whatsoever,' &c. &c.

"And farther: Every person, lawfully convicted of any of the aforesaid offences, shall be disabled to bear any office of trust or profit within the said realm of England, and shall incur the pains, penalties, and forfeiture, ordained in and by the statute of Provision and Præmunire, made 16th of K. Rich. II., and be incapable of any pardon from the King, &c. and shall be wholly put out of the King's protection.""

He then adds, "Now, if it will be any satisfaction to my opponents to know what persons in the present case are liable to incur the several penalties above mentioned, I am willing to give them all the information that I can-viz.

"1st. The buyer, and, 2dly, the seller of the Negro. 3dly and 4thly, The two city officers, who apprehended and confined him. 5thly, The notary-public who drew up, witnessed, or negotiated the bill of sale. And, 6thly, The master of the West India ship, who demanded him in the name of the buyer, in order to transport him beyond the seas; contrary to the meaning and intent of the said recited act of 31 Charles II.

"All these six persons, if lawfully convicted, will be severally liable to pay 500l. at least for damages, besides treble costs;-so that the Negro might undoubtedly have ample amends for his sufferings.

the cautionary remarks is expressive of the high and manly character of the writer*.

In a third part, he examined the advantages and disadvantages of slavery, in regard to national property and morals, and demonstrated its inconsistency with the English laws.

In the last part, he gave an accurate account of the gradual abolition of the state of villenage in England.

The labour of producing this glorious development of the English palladium of liberty, necessarily demanded the most assiduous and unwearied application. The triumph of his humanity was his reward.

But he did not desire to rest here. He had, during this period of labour, re-edited a publication printed in America in 1762, containing an "Account of that Part of Africa inhabited by Negroes, and of the Slave Trade;" to which he added a " Conclusion," calculated to increase the public interest in the cause which he had undertaken; and, on occasion of printing his tract on the Injustice of Slavery, he addressed himself to the Archbishop of Canterbury in a letter, which, while it gave evidence of his strong religious feelings, broke the first ground also in England on the general subject of the Slave Trade.

But I have not concerned myself in this affair for any such purpose. If I appeared in favour of the Negro, it was because he was in distress. Therefore, I shall seem unreasonable, if, in attempting to relieve one person, I should cause an equal distress to six others, by enabling that one to put the rigour of the law in execution against them: and I am the more inclined to lay aside such prosecution, because the several persons concerned seem to have been led to these offences by mistaken opinions of Counsel.

"Therefore, if all these persons will acknowledge their error in writing-(I do not mean that they should subscribe themselves guilty, but only that they will use some such general and safe expressions as shall be agreed on for that purpose)-so that the same may be made public, in order to deter others from the like offences, and for the vindication and right understanding of English liberty, I will immediately drop all thoughts of prosecution in behalf of Jonathan Strong: provided also, that the said parties give sufficient security for their future good behaviour.

"But if they reject these friendly conditions, they may be assured that I shall think myself in duty bound, as a man, as a Christian, and as a subject of England, to defend the said Negro, and this my opinion, in the King's Courts, to the utmost of my abilities: for my opinion is not founded on my own presumption, but on the plainest literal expressions of statutes formed and ordained by the wisdom and authority of King, Lords, and Commons. 1767, October 9th.

GRANVILLE SHARP."