Let Justice Be Done, Though the Heavens May Fall: The Law of Freedom

46 Pages Posted: 30 Apr 2009

See all articles by Paul Finkelman

Paul Finkelman

Gratz College; Albany Law School - Government Law Center

Date Written: 1994

Abstract

In May 1772 Lord Mansfield, Chief Justice of the Court of King's Bench in England, heard preliminary arguments in the case of James Somerset, a Virginia slave who claimed his freedom under English common law. Charles Stewart, Somerset's master, wanted to send the slave to Jamaica to be sold. Somerset sought a writ of habeas corpus to escape this fate. This action brought the legality of slavery before the highest court in Great Britain.

This case would serve as the precedent for freeing slaves in a number of jurisdictions outside of Great Britain. Yet, Somerset did not bring immediate freedom to all slaves in England; as late as the 1830s at least some blacks were probably enslaved in Great Britain. And, Somerset surely had little immediate impact on most of the Empire, where slavery existed for another half century.

Keywords: Somerset, Mansfield

Suggested Citation

Finkelman, Paul, Let Justice Be Done, Though the Heavens May Fall: The Law of Freedom (1994). Chicago-Kent Law Review, Vol. 70, No. 2, 1994. Available at SSRN: https://ssrn.com/abstract=1397191

Paul Finkelman (Contact Author)

Gratz College ( email )

7605 Old York Road
Melrose Park, PA 19027
United States

Albany Law School - Government Law Center

80 New Scotland Avenue
Albany, NY 12208
United States

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