Somerset v Stewart

Facts

James Somerset, an enslaved African brought to England by Charles Stewart, escaped and was recaptured. He was held on a ship to be taken to Jamaica and sold.

Issue

Could a master lawfully force an enslaved person out of England to be sold abroad?

Held

Lord Mansfield ordered Somerset's release. No positive law in England allowed a master to seize a person and send him abroad in this way.

Principle

A power so odious needs positive law to support it. Without it, the detention could not stand.

Why it matters

The case did not formally abolish slavery, but it was read as a major step against it. The movement that followed led to the resettlement of the Black Poor in Sierra Leone in 1787.

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