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Authors: Christopher Nicole

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BOOK: Haggard
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Haggard leaned back with a sigh. His apprehension had been groundless.

'On the other hand, there is no legal slavery in Great Britain. This state of affairs, as I have said, was ended many years ago, both because of public opinion, the ultimate arbiter of our laws, but also because the economic necessity for it has disappeared. For any man to attempt to enslave another human being, man, woman, or child, white or black or brown, inside this country, is against the law. It is an illegal act. The question before me today is whether the laws of this land in respect of slavery are broken when a legal slave
outside
this country is imported into it. It has been put to me by learned cousel for the plaintiff, firstly, that the importation might be of a most temporary nature, and secondly, that a slave is a slave; slavery is a class of society, and a man cannot cease to belong to that class merely by crossing a boundary, any more than a prince ceases to be a prince merely by travelling to France.


I will take the second argument first. It is specious. Slavery is not a class. It is an induced situation. The fact that, as in this case, the defendant's father and grandfather were slaves before him, is not, to my mind, sufficient to condemn his every descendant for the rest of the life of the world to perpetual bondage. This were a negation of every concept of ambition or advancement or common justice we hold dear, and the argument is further weakened by the fact that a slave owner may manumit any or all of his slaves, as he chooses, thus ending their state of servitude at one stroke.'

Haggard began to frown as a rustle of whispers broke out behind him. Lord Mansfield tapped his desk with his gavel, and the courtroom fell silent.

'Nor does the first argument appeal to me. Apart from a question as to the exact meaning of the word temporary, it is again specious. Shall we suppose that a gentleman of this city, well known and respected, who puts to sea and commits piracy, is beyond the law because his was a temporary voyage, enabling him to return to his home and the safety of a respectable citizen? No, no, for the purposes of the law, the word temporary does not exist. A crime, may it take only a fraction of a second to commit, and be it committed while in the grips of however
temporary
an aberration, remains a crime. Therefore the importation of any person or any goods into this country, for however short a period, remains an importation and is subject to the laws of this country.

There remains, finally, the question of whether our laws, here in Great Britain, can be made to apply to citizens of another country, in civil matters such as this. Setting apart an obvious fact, that the plaintiff is actually a citizen of Great Britain, for Barbados is a colony and therefore a part of Great Britain, the answer to this must be in the affirmative. Should a Frenchman come here and commit libel, he is required to suffer for it under our laws. But there is an even more important aspect of the situation to be considered. The moral aspect. We in Great Britain worship freedom. It has been said we carry its worship too far, in that we permit unquestioned scoundrels to walk abroad merely for lack of evidence to convict them. Be that as it may, it is the cornerstone of our society, that a man is innocent until he is proven guilty, that a man is free to go wheresoever he should choose and work at whatsoever he should choose so long as he has not been proved guilty of any crime. Learned counsel for the plaintiff has reminded us that the defendant borrowed a horse when he left Derleth Hall, but the animal has since been returned and a suitable sum paid for its use. This can be no issue here. Learned counsel further contends that the defendant broke a law when he decided to run away in any event. But that is Barbadian law, not British law. To British law, as to British opinion, the concept that any man should own another is abhorrent, and I cannot but believe that to uphold so pernicious a doctrine, however legal it may be elsewhere, however necessary it may be to prosperity, elsewhere, would be to undermine the very foundations upon which our society is so happily based.'

Lord Mansfield paused, to take a sip of water. The courtroom was absolutely quiet, but Haggard could feel the anger swelling in his belly. The Chief Justice put down his glass, glanced at his notes for a long time, and then raised his head again,
‘I
therefore find for the defendant, James Middlesex, and pronounce him free of any taint of slavery or bondage.'

Pandemonium broke out. People cascaded down from the spectators' gallery to shake both Sharp and Middlesex by the hand. Haggard remained seated. He was too angry to see or speak with anyone, apart from the humiliation, and the continued humiliation, because this case would make headlines in all the news sheets, be the subject of gossip for enough years, and more than that, as Broughton observed.

'A profound judgement, Mr. Haggard,' he said, in effect it sets a new law upon the statute books, all without the consent of that Parliament Mansfield kept prating about. You'll appeal?'

Haggard looked up. 'What for?'

'Well . . .' Broughton stroked his chin. There are one or two of his interpretations of law I'd take issue with.' 'You have already done so, and lost.'

'Before Mansfield. A court of appeal now, might take a different view.'

Haggard got up, crammed his hat on his head,
‘I
doubt that, sir. They would merely expose me to increased contumely. In defence of my own property,' he said bitterly. Truly, sir, I see England following the course set by the French, and coming to regard the ownership of property as a crime rather than a privilege. When that day arrives, sir, you may be sure I will renounce my citizenship.' He walked away from them, paused as the Brands hurried down from the gallery. 'Have you come to gloat?'

'Mr. Haggard,' Alison said. She was a perfect picture in a deep blue pelisse with a matching hood trimmed with fur.

'Damnably done by, Haggard,' Brand said. 'Damnably. Be sure, sir, that every right-thinking person will be on your side.'

Haggard opened the door on to the steps of the court, and faced the mob.

'Slave owner,' they howled.

'Murderer.'

'Beast.'

 

'We must wait for them to disperse,' Brand said. 'Perhaps there is another entrance,' Emily suggested.

 

‘I’
ve not turned my back on a mob before,' Haggard said. 'You'll excuse me, ladies. Brand.' He walked down the steps, while the yells and the whistles grew louder. There was a crunch on his shoulder, and he glanced at the egg which had just landed there; the evil-smelling yellow yoke was dripping down his sleeve. He turned to face his assailant, and had his arm seized by Cummings.

'Your carriage is over here, sir.'

'I'll have that fellow.'

Another egg whistled through the air. Cummings ducked, and it hit the pavement with a splat. 'All of them, sir?'

Haggard hesitated. But to go into their midst would be to risk being beaten up with little hope of harming any of them. He allowed himself to be drawn away to the comparative safety of the carriage, although for several hundred yards their passage was obstructed by crowds who rocked the vehicle, frightened the horses, and peered at him through the windows to shake their fists and utter their curses and threats.

The London mob,' Cummings said, attempting a smile. 'One has to get used to them, Mr. Haggard. Even the King has to do that. But once we get you back to your rooms and a hot bath and a change of clothing, and a full glass, why, sir . . .'

'Where can I drop you?' Haggard asked.

'Sir?'

‘I
am not going back to my rooms.' Haggard said. 'I am taking horse for Derleth, today.'

Cummings frowned. 'Why, sir, do you suppose there may be repercussions there?'

'Aye,' Haggard said. 'There will be repercussions there, and I am going to cause them.'

His anger was at a white heat. The entire venture of returning to England had proved a disaster. Instead of a welcome there had been suspicion, save where people had wished to use him for their own ends. The climate was abominable. His election to Parliament, which he had been assured was a formality, had turned out as a slap in the face. He was master of a valley and yet truly master of no one in it. And now he had been told that his own domestic slaves, people he had cared for and thought of since his boyhood, owed him no obligations at all.

No doubt his best course would be to abandon the whole venture and crawl back to Barbados with his tail between his legs. But he was John Haggard. No court of law was going to chase him away.

 

If they wanted to make him into some kind of an outlaw, then by God, they would see what kind of an outlaw he could be.

 

He rode north in a mood of black anger, leaving even his London valet, a Cockney by name of Simpson, behind, scarce stopped for more than a meal on the way, trotted through the high street of Derleth Village and up towards the Manor House, sat his horse and gazed at the scar which was to be his house. Yard boys took his bridle, and he dismounted, stamped into the front door of the hall.

'Mr. John?' John Essex took his hat and coat. 'But we ain' expecting you this time.'

'Summon the servants,' Haggard said. The black ones. All of them.' He went into the parlour, slapped his hands together in front of the fire; it was very cold out, and there was still snow on the ground.

'Mr. Haggard?' Emma stood in the doorway, her face a mixture of delight and concern. 'Parliament has not been adjourned?'

'I doubt I have much place in that Parliament. Well come in,' he shouted at the black people who were assembling at the door.

They filed in and lined up, John Essex, Henry Suffolk, Annie Kent, wearing her new apron as she was straight from the kitchen, Elizabeth Lancashire, and Amelia. Emma frowned at them, looked questioningly at Haggard.

'You people are to leave this place.' Haggard said. There is the door. Get out.'

The slaves exchanged glances.

'Where you want us for go, Mr. John?' Annie Kent asked.

‘I
do not care where you go,' Haggard said, speaking very slowly and evenly. 'You no longer belong to me. The court has made that clear. You are free people. Therefore I am free of you. I have no responsibilities towards you. You are to leave now.'

'Oh, my God,' Emma muttered.

'But Mr. John, sir,' Essex said. 'We can't just go so. We ain't got no money.'

'Man, Mr. John, but it cold out there,' Elizabeth Lancashire said. 'You ain't see that snow and thing?'

'But Mr. John, how we going eat?' Annie Kent asked.

'This is your concern,' Haggard said. 'Not mine. Get out. Go to James Middlesex and ask him. He may obtain you shelter from his friend Granville Sharp.' He pointed at the door. 'Get out, I'll give you ten minutes to be gone, and one hour to be off my property, or I'll set Mr. MacGuinness on you.'

They gazed at him for a moment, and Amelia started to weep. Annie Kent took her arm and escorted her from the room. Essex and Suffolk stood their ground, chewing their lips.

'Nine minutes,' Haggard said.

'Man, Mr. John, sir,' Essex said. 'But this is wickedness you doing. Be sure the Lord going see to you.' He left the room, Suffolk at his heels.

'Mr. Haggard.' Emma grasped his arm. 'John. Please. You cannot do this.'

'Cannot?' He freed himself.

‘I
did not know the law decided for Middlesex. But he
wanted
to go. These people want to stay. They love you, John Haggard.'

‘I
do not love them. Now send one of the grooms for MacGuinness, and tell him we need new servants here. Tell him to organise it.'

She stood before him. 'You cannot do it, Mr. Haggard. I'll not let you.'

Haggard raised his head.
'You
’ll
not let me?'

She bit her lip, flushed, and then the colour faded again. 'If
...
if they go, I'll go with them.' Another bite of her lip. 'You've forgotten, but my term of indenture ended last year. I'm as free as you are, Mr. Haggard.'

'Your term of indenture ended on 17 March 1790,' Haggard said. 'I am well aware of that. I assumed you stayed because you were comfortable here. Perhaps because you loved me.'

‘I
do love you,' she shouted. 'But so do these people.'

'Well, I do not love them, as I have said,'

Emma inhaled, slowly. 'But you do love me.'

'Whether or not I love you,' Haggard said, 'depends upon you. Now fetch me MacGuinness.'

Emma exhaled, equally slowly,
‘I
meant what I said, Mr. Haggard. Those people are my friends. The only true friends I have. They are your friends as well. Apart from being cruel, it is stupid to let them go.'

BOOK: Haggard
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