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From: merril bourne <>
Subject: re: Wedderburn slave traders
Date: Wed, 4 Oct 2000 06:50:29 +1300


I have checked a personal Index of names taken from articles ( I have copied
) published in assorted British Family History Journals.
This from The Scottish Genealogist, June 1992

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Title:
>From " Romance in Gowrie " by Adam PHILIP, D.D.
Joseph KNIGHT, a Negro, v. John WEDDERBURN of Balindean, 15 Jan 1778

The article goes on to mention that " A captain, KNIGHT by name, engaged in
African trading, having imported a cargo of negroes to Jamaica, sold one of
them, a boy of 12 or 13, called Joseph KNIGHT to Mr WEDDERBURN. Some time
later Mr WEDDERBURN returned to Scotland, bringing Joseph with him, as his
personal assistant. For several years the lad served Mr WEDDERBURN without
murmuring. In the course of time, he married. Prompted, no doubt, by his own
instinct and the urgency of his wife, Joseph claimed to be free, and
accordingly left Mr WEDDERBURN's service. The latter replied by having him
apprehended and brought before the Justices of the Peace. Joseph did not
deny, but on the contrary justified what he had done. And when the Justices
found that Mr WEDDDERBURN was entitled to his services and that he must
continue with him, Joseph appealed to the Sheriff of Perthshire, asking him
to find (1) that he cannot be continued in a state of slavery or compelled
to perpetual service, and (2) to discharge Mr WEDDERBURN from sending him
abroad.

Mr WEDDERBURN pled his own view very srongly, but the Sherrif held, as
Sherrif SWINTON had held before in 1773: " that the state of slevery is not
recognised by the law of this kingdom and is inconsistent with the
principles therof; that the regulations of Jamaica concerning sleves do not
extend to this kingdom" etc. etc., and therefore repelled Mr WEDDERBURN's
claim to have KNIGHT in perpetual service.

Mr WEDDERBURN appealed to the Court of Session, and being a question of
importance the latter was heard before a full Court.

For Mr WEDDERBURN it was argued that he had a right to perpetual service
from Joseph. British statute had sanctioned the trade in slaves. He could
not lose what was his in Jamaica by a change of place. The law of the
colonies was not unjust. Slavery was a practice of nations. As a master, he
was not asking for anything rigorous, only service in this country during
life. If this were denied, he had a right to send him back to the
plantations, otherwise he forfeited his right at once. Cases were adduced in
support of his plea.

For Joseph KNIGHT it was urged that the only title to claim was the
institution of the municipal law of Jamaica, which had no authority
elsewhere. Subordination was necessary, but there are bounds beyond which it
cannot go. Slavery was unjust. He was not a slave through contract but
through crime or conquest. He might have been ensnared or bought as a child.
The iniquity was the same. Oppresion and iniquity are not palliated by any
gain accruing to the authors of them. The dominion given by the law of
Jamaica being unjust, it can receive no aid from the laws of the country.
The law of Scotland would not support a voluntary contract on these terms.

As to the proposal to send him to Jamaica, that took forgranted the
dominion over the person of another is just. The negro was protected by
Statute 1701, which prohibited the carrying of any person out of the kingdom
without his consent. Cases were cited in support of these pleas.

The Court by a large majority, approved the judgement of the Sherrif,
holding " that the dominion assumed over the negro under the law of Jamaica
being unjust could not be supported in this country to ant extent: that,
therefore, the Defender had no right to the negro's service for a space of
time, nor send him out of the country against his consent, and that the
negro was protected by Act 1701"

This decision gave a death blow to Negro Slavery in Scotland. The Lord
President and Lords COVINGTON, ELLIOCK and MONBODDO dissented from the judgement

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I hope that this might give you some leads.

Regards
Merril BOURNE
New Zealand

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