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The Somerset Case

Introduction

During the period of European colonization (1500–1800), many countries used slavery to provide a cheap labor force and increase wealth. Most slaves were acquired from Africa. As America moved closer to independence, many colonists believed that all people were created equal and born with natural rights (including life, liberty, and property). Some questioned how a nation that believed in these natural rights could tolerate the institution of slavery. Others believed that slaves were property to be purchased, held, or sold as their owners’ pleased.

In early October 1771, James Somerset ran away from his master, a Virginia businessman named Charles Steuart, while they were in England on business. Less than two months later, Somerset was captured, locked in shackles, and placed on a ship bound for Jamaica where he was to be sold. While he was free, Somerset made contact with British abolitionists. Upon hearing of Somerset’s plight, the abolitionists petitioned the British court for a writ of habeas corpus. In February 1772, Somerset’s case was heard by the Court of the King’s Bench. In June, Chief Justice Lord Mansfield ruled that Somerset should go free.

In this high school lesson, students learn about the legal relationship between Great Britain and her colonies by examining a legal dispute over the institution of slavery.

Materials

Strategy

Opening Activity: Analyzing the Primary Source of the Month
To help students understand the brutality of slavery, share with them the journey enslaved Africans were forced to travel to the colonies in North and South America.

  1. Display a transparency or PowerPoint slide of the Primary Source of the Month: Wrought Iron Leg Shackles.
  2. After students closely examine the image, lead a class discussion in which students respond to the following questions:
    • What material are the shackles made of?
    • How do you think they were used in the 1700s?
    • Who may have had to wear them? Why?
    • If shackles like these were placed on you, how do you think they would feel?
    • How do you think wearing the shackles would make you feel about yourself?
  3. With the transparency of the leg shackles still displayed on the overhead, beginning reading aloud Olaudah Equiano’s Description of a Slave Ship.
  4. Have students free-write their reactions to the account. Conduct a class debrief by asking students to share their reactions. Also, use this time to clarify any circumstances or events students did not understand.

Main Activity
Slavery was an institution rooted in the law. Definitions of who was (and was not) a slave, restrictions on movement and congregation, and other limitations on personal liberty were all based on statutes passed in colonial legislatures. While Lord Mansfield intended to limit his ruling to this one specific case, the language he used in making the ruling had legal implications for the institution throughout the British Empire. Students will debate these implications.

  1. Read (or have students read aloud) Lord Mansfield’s Decision in the Somerset Case. Have a class discussion on the following points:
    • What does the ruling say?
    • What is a “positive law”?
    • What (if any) precedents did Lord Mansfield draw from?
  2. Divide the class into six groups: Parliament (two groups), Plantation Owners (two groups), and Abolitionists (two groups). Give each group the pertinent primary source readings as follows:

    Have each group read their assigned primary sources, using the key questions at the top their handouts as a guide.

    Provide time for the two Parliament groups to share their findings with the class, then the two Plantation Owner groups, and, finally, the two Abolitionist groups.

  3. Facilitate a whole-class debate in which students respond to the question, “Was Mansfield’s ruling correct?”

Lesson Extension
Have students write a newspaper article about the Somerset case. The article should provide background information on the events leading to the case and the court’s decision.


This lesson was written by Aaron Wolfe, Coordinator, Teacher Development, Department of Education Outreach, The Colonial Willliamsburg Foundation, and Greg Timmons, freelance writer and education consultant, Missoula, Montana.



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