Charles Stewart (customs official)
Encyclopedia
Charles Stewart was a Scottish
-born American
merchant
and customs officer
who was involved in the Somersett Case which effectively led to the outlawing of slavery in Britain in 1772.
. He became a successful merchant in the port town of Norfolk
, Virginia
. He came to official notice during the Seven Years' War
, when in 1762 a ship carrying Spanish
prisoners of war
ran aground near Norfolk. An angry mob set upon the Spaniards, killing two before Stewart intervened to save the lives of the rest. This impressed the authorities, who rewarded him with a post in the customs service. He had risen to be Paymaster General of the American Customs Board by the time he sailed for Britain in 1769.
and brought across the Atlantic Ocean
. Somerset learned English
very quickly. Stewart dressed Somerset in more expensive clothes than his other slaves and took him to important business meetings. Stewart took Somerset with him when he went to Britain to help support his sister Cecilia, whose husband had recently died, and her family.
Once in Britain, while working on business for Stewart, Somerset came into contact with a number of free blacks and white abolitionists. Motivated by a desire to secure his freedom, Somerset ran away from Stewart's home in October 1771. Stewart was angered and put up notices about his loss. After Somerset was recaptured in November 1771 he was put aboard a ship about to sail for the West Indies where he was to be sold. Before the ship departed, his abolitionist godparents challenged his detention on the grounds of habeas corpus
. The Chief Justice Lord Mansfield temporarily released Somerset while the two sides prepared their cases. Somerset's cause was taken up by Granville Sharp
, a leading abolitionist.
Mansfield tried to persuade Stewart to free Somerset, as had happened in several similar recent incidents, thereby avoiding a potentially controversial legal case that might challenge the entire legality of slavery. Stewart refused, and his case was financed by the West Indian planters who wanted to force a ruling that they believed would confirm that slavery was legal. Although Mansfield indicated to them that he was likely to rule against them, they refused to back down. As a last resort Mansfield tried to persuade Somerset's godmother to buy him from Stewart and set him free, but she declined on principle.
In his final ruling, Mansfield ordered that Somerset be discharged and concluded with an attack on the institution of slavery. Although he subsequently insisted his ruling had not entirely outlawed slavery in England, it was widely taken as such.
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
-born American
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
merchant
Merchant
A merchant is a businessperson who trades in commodities that were produced by others, in order to earn a profit.Merchants can be one of two types:# A wholesale merchant operates in the chain between producer and retail merchant...
and customs officer
Customs officer
A customs officer is a law enforcement agent who enforces customs laws, on behalf of a government.-Hong Kong:4 931 posts, of which nine are directorate officers, 3 804 are members of the Customs and Excise Department, 504 are Trade Controls Officers and 614 are staff of the General and Common...
who was involved in the Somersett Case which effectively led to the outlawing of slavery in Britain in 1772.
Early career
Stewart was born in Scotland but emigrated to British AmericaBritish America
For American people of British descent, see British American.British America is the anachronistic term used to refer to the territories under the control of the Crown or Parliament in present day North America , Central America, the Caribbean, and Guyana...
. He became a successful merchant in the port town of Norfolk
Norfolk, Virginia
Norfolk is an independent city in the Commonwealth of Virginia in the United States. With a population of 242,803 as of the 2010 Census, it is Virginia's second-largest city behind neighboring Virginia Beach....
, Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
. He came to official notice during the Seven Years' War
Seven Years' War
The Seven Years' War was a global military war between 1756 and 1763, involving most of the great powers of the time and affecting Europe, North America, Central America, the West African coast, India, and the Philippines...
, when in 1762 a ship carrying Spanish
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
prisoners of war
Prisoner of war
A prisoner of war or enemy prisoner of war is a person, whether civilian or combatant, who is held in custody by an enemy power during or immediately after an armed conflict...
ran aground near Norfolk. An angry mob set upon the Spaniards, killing two before Stewart intervened to save the lives of the rest. This impressed the authorities, who rewarded him with a post in the customs service. He had risen to be Paymaster General of the American Customs Board by the time he sailed for Britain in 1769.
Somerset Case
In 1749 Stewart had purchased James Somerset a young slave boy recent enslaved in West AfricaWest Africa
West Africa or Western Africa is the westernmost region of the African continent. Geopolitically, the UN definition of Western Africa includes the following 16 countries and an area of approximately 5 million square km:-Flags of West Africa:...
and brought across the Atlantic Ocean
Atlantic Ocean
The Atlantic Ocean is the second-largest of the world's oceanic divisions. With a total area of about , it covers approximately 20% of the Earth's surface and about 26% of its water surface area...
. Somerset learned English
English language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...
very quickly. Stewart dressed Somerset in more expensive clothes than his other slaves and took him to important business meetings. Stewart took Somerset with him when he went to Britain to help support his sister Cecilia, whose husband had recently died, and her family.
Once in Britain, while working on business for Stewart, Somerset came into contact with a number of free blacks and white abolitionists. Motivated by a desire to secure his freedom, Somerset ran away from Stewart's home in October 1771. Stewart was angered and put up notices about his loss. After Somerset was recaptured in November 1771 he was put aboard a ship about to sail for the West Indies where he was to be sold. Before the ship departed, his abolitionist godparents challenged his detention on the grounds of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
. The Chief Justice Lord Mansfield temporarily released Somerset while the two sides prepared their cases. Somerset's cause was taken up by Granville Sharp
Granville Sharp
Granville Sharp was one of the first English campaigners for the abolition of the slave trade. He also involved himself in trying to correct other social injustices. Sharp formulated the plan to settle blacks in Sierra Leone, and founded the St. George's Bay Company, a forerunner of the Sierra...
, a leading abolitionist.
Mansfield tried to persuade Stewart to free Somerset, as had happened in several similar recent incidents, thereby avoiding a potentially controversial legal case that might challenge the entire legality of slavery. Stewart refused, and his case was financed by the West Indian planters who wanted to force a ruling that they believed would confirm that slavery was legal. Although Mansfield indicated to them that he was likely to rule against them, they refused to back down. As a last resort Mansfield tried to persuade Somerset's godmother to buy him from Stewart and set him free, but she declined on principle.
In his final ruling, Mansfield ordered that Somerset be discharged and concluded with an attack on the institution of slavery. Although he subsequently insisted his ruling had not entirely outlawed slavery in England, it was widely taken as such.