James Somerset (c.1741 – after 1772) was an African man and the plaintiff in a pivotal court case that confirmed that slavery was illegal in England and Wales.

Biography

James Somerset was born in Jamaica, kidnapped, enslaved, and transported to Norfolk, Virginia, on a British slave ship in 1741. Eight years old, he was auctioned off to Charles Stuart, a well-known plantation owner. Stuart forced Somerset to be a personal servant and valet. Stuart purchased clothing for Somersett, fed him, and even sent him money occasionally. Unlike most enslavers, Stewart treated Somsersett kindly and dear-hearted, with zero evidence of Stuart physically abusing Somerset. In 1764, Stuart was appointed the receiver of general customs in Boston. Somerset was the only one out of the five other people Stuart enslaved to travel with Stuart to Boston until he relocated with Somerset to England five years later.

Early life

Throughout those two years, Somersett was in England. Stuart would have Somerset not in London but in the countryside of England, where most black people were. Through his many errands, he traveled to the countryside of England and made friends with other black people and other abolitionists throughout his few months in England. According to The Gentleman's Magazine, there were over 20,000 people in London at the time. On October 1, Somerset escaped from Stuart throughout those couple of weeks as a runaway slave. He had found a God family where he was adopted through and baptized as a Christian in the church of St Andrew Holborn through the help of John Marlow, Thomas Walkin, and Elizabeth Cade, who were his godparents who also had the idea that an enslaved man saved by faith can be freed. On November 26, Stuart had Somerset kidnapped by slave hunters; he was going to be sent to Captain John Knowles, who was the captain of the Ann & Mary ship, to where he was planned to be worked to death and be sold for plantation labor. However, on December 3, his Godparents went to the court for a writ of habeas for their godson Somersett. Which caused him not to board the ship but to be held in court; six days later, they announced the court date was set for January 21. Meantime, he was set free on recognizance. This court date would take over five months after the first hearing. Throughout the time James Somersett was waiting for trial, he ended up.

In November 1769, Stewart moved to England, taking Somerset along to serve him in his residence in London.[1] In London, Somerset was baptised on February 10, 1771 at the Church of St Andrew, Holborn, with Thomas Walkin, Elizabeth Cade and John Marlow acting as his godparents.[2] Perhaps because baptism was often associated with manumission, Somerset refused to continue serving Stewart and left him.[2] Somerset evidently lived in freedom for several months, but in November 1771 he was kidnapped and forced aboard the Ann and Mary, captained by John Knowles, to be transported to Jamaica and sold.[1]

His godparents, abolitionists, filed a Habeas corpus case with the courts and enlisted Granville Sharp to aid Somerset.[1] The case, Somerset v Stewart, James Somersett had three defendants supporting him and financial thanks to the help of the leader of England abolish Gainesville Sharpe, William Davy, John Glynee, Francis Hargrave, James Mansfield, and John Alleyne. James Somersett's lawyers argue that England does not promote slavery because there is no positive law. This is what started the Stewart V Somerset trial. From January to June 1772, Somerset v. Stewart was held in the King's Bench Westminster Hall. One of the big questions was if, in England, slavery was allowed. Some white people had blacks, but they were seen as servants and not as property where they could be sold. There were no laws made or rules like in the South that there were laws supporting slavery. In Britain, rules protected enslaved people. You could be forced to work for free, but you could not be treated as property when you were on the soil of Britain. The other big question the court had to figure out was if Stuart had the legal right to detain James Somersett and not only that but if Stuart could send him off to be sold. But in England, there is no positive law or law in general that allows black people, once they get into England, to still be under the enslaver or sold into new hands. This decision gave black people hope about becoming free, giving people individual rights they feel like they deserve. Somerset's contributions to this court case caused multiple black enslaved people the idea that they could also become free over the next 100 years. Blacks who were enslaved were taken there. Enslaved African Americans around England would claim that they were a free person using the James Somersett vs Charles Stewart case if they were fortunate enough to take this trial to court. This case also showed people that only states with positive laws created by a man or woman require a specific action. Although James Somsersett never did end slavery in England due to the fact black people were usually the poorest in the world and had to rely on their enslavers for food, shelter, and water, he did make a pivotal turn in the view of slavery in England by freeing up.

Nothing is known of Somerset after 1772.

See also

References

  1. 1 2 3 Kaufmann, Miranda (2008). "Somerset Case". Encyclopaedia of Blacks in European History and Culture. Vol. 2. pp. 504–505. ISBN 9780313344497.
  2. 1 2 Ingram, Anders. "Thursday 10th 1771". Layers of London. Institute of Historical Research. Retrieved 24 October 2021.

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Further reading

  1. Blumrosen, Alfred; Blumrosen, Ruth G.; Blumrosen, Steven (2006). Black, Hillel (ed.). Slave Nation: How Slavery United the Colonies and Sparked the American Revolution. Napierville, IL: Sourcebooks. p. 336. ISBN 9781402206979.
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