Joseph Knight
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Joseph Knight was a slave born in Africa and sold in Jamaica to a Scottish owner. He was taken to Scotland in 1769. Three years later a ruling in England (see Somersett's case) cast doubt on the legality of slavery under the common law.[1] Assuming this applied to the rest of Britain he demanded wages from his owner and ran away when this was refused. His owner then had him arrested.
The case was heard in the Sheriff court of Perth which ruled that there was no slavery in Scotland and the laws of Jamaica could not apply to Scotland. Knight was freed.
Knight's owner, John Wedderburn, appealed the case and was heard by the Court of Session in Edinburgh in 1777. The case was important enough that it was given a full panel of judges including Lord Kames the important legal and social historian.
The case for Knight was helped in preparation by James Boswell and Samuel Johnson. Their argument was that 'no man is by nature the property of another'. Since there was no proof that Knight had given up his natural freedom, he should be set free.
Lord Kames said 'we sit here to enforce right not to enforce wrong'. The court pronounced slavery to be against the law in Scotland. However, the court also held that Knight was in law an enforced apprentice, which remained lawful, and they bound him to return to the service of his master for "perpetual servitude".
There is a fictional novel based on Joseph Knight:
- Robertson, James (2004). Joseph Knight. Fourth Estate Ltd. ISBN 0-00-715025-3.
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[edit] Footnote
- ^ Technically all the ruling decided was that a slave could not be removed from England against his will, but anti-slavery groups publicised the decision widely, and said the proper interpretation was the no man within England could be held in slavery.
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