Sommerset v. Stuart

Sommerset v. Stuart

I. Title:

James Sommerset v. Charles Stuart   (1772)

II. Citation:

Lofft 1-18; 11 Harg. State Trials 339; 20 Howell's State Trials 1, 79-82; 98 Eng Rep 499-510 (King's Bench, 22 June 1772

III. Facts:

A case held in the English Court of the King’s Bench in 1772. The plaintiff, James Sommersett was the property of Charles Stuart, a customs officers residing in the city and state of Boston, Massachutches. When Stuart brought Somerset to England in 1969 he ran away in 1971. Stuart was the captured and placed on Ann and Mary ship headed toward Jamacia. Three individuals claiming to be the godparents of Stuart filed a habeas corpus to the Court of King’s Bench and the captain of Ann and Mary, John Knowles was ordered to return Stuart to England. The Court of King’s Bench was to determine if the deportment and imprisonment of Stuart was legal. The case was reviewed by the Lord Mansfield, of the King’s Bench of England.

IV. Procedural History:

A. A writ of habeas corpus was filed on behalf on the plaintiff, James Sommersett

V. Cause of Action:

A. Cartwright case of 1569, as it regards the first proceedings in which slavery was founded inconsistent with English Traditions.

B. Smith v. Brown and Cooper, as it applies the Cartwright principle to a case involving a black slave

C. Butts v. Penny (1677), as it explicitly sanctioned slavery under English law.

D. Noel v. Robinson, as it recognized the legality of property interest in blacks who were not Christians.

E. Gelly v. Cleve (1694), as it also recognized the legality of property interest in blacks who were not Christians.

VI. Issues:

The case of Sommersett examined whether or not it was legal for a slave master from another country to forceably remove his slave from England.   It did not require a general determination on the legality of slavery on English soil. The case address to the following questions:

1. Was it English common law or the laws of the country...