Joseph Knight (slave)


Joseph Knight was a man born in Guinea and there seized into slavery. It appears that the captain of the ship which brought him to Jamaica there sold him to John Wedderburn of Ballendean, Scotland. Wedderburn had Knight serve in his household, and took him along when he returned to Scotland in 1769. On Knight leaving his service, Wedderburn had him arrested and brought before the local justices of the peace.Inspired by Somersett's Case in England, in which the English courts had held that slavery did not exist under English common law, Knight resisted his claim. Knight won his claim after two appeals, in a case that established the principle that Scots law would not uphold the institution of slavery.

Early life

Joseph Knight was born in Guinea, according to the pleadings submitted on his behalf in the Court of Session; it is not known to which people, or what his original name was. He was transported to Jamaica as a child, where he was sold as a slave to John Wedderburn of Ballendean. Wedderburn employed him as a domestic servant. In 1769 Wedderburn returned to Scotland, taking Knight with him.
Three years later a 1772 decision in England known as Somersett's Case cast doubt on the legality of slavery under the common law of England.

''Knight v. Wedderburn''

While in Scotland, Knight was baptised and married Ann Thompson, a servant of the Wedderburn family, with whom he had at least one child. He sought, and was refused permission by Wedderburn, to live with his wife in family. On Wedderburn refusing, Knight then left his service. Wedderburn appears to have been indignant, feeling that he had bestowed considerable gifts on Knight by educating him and taking care of him, and had him arrested. In 1774 Knight brought a claim before the justices of the peace court in Perth, a case that would be known as Knight v Wedderburn.

Appeal to the sheriff

When the justices of the peace found in favour of Wedderburn, Knight appealed to the Sheriff of Perth, John Swinton. He found that "the state of slavery is not recognised by the laws of this kingdom, and is inconsistent with the principles thereof: That the regulations in Jamaica, concerning slaves, do not extend to this kingdom." The defence of Knight in the Court of Session was mounted in general terms as a denunciation of slavery:

Appeal to the Court of Session

In 1777 Wedderburn appealed to the Court of Session in Edinburgh, Scotland's supreme civil court, arguing that Knight still owed him perpetual service and might be taken and sent back to Jamaica by force. The case came before the whole court of twelve judges including Lord Kames, a prominent legal and social historian.
Knight's principal counsel were Allan Maconochie, John Maclaurin, and Andrew Crosbie. Henry Dundas, then Lord Advocate, also acted as one of Knight's counsel, albeit in his private capacity as an advocate. They may have been assisted in their preparation for the case by James Boswell. "I cannot too highly praise the speech which Mr. Henry Dundas generously contributed to the cause of the sooty stranger", Boswell recalled, "I do declare that upon this memorable question he impressed me." Their argument was that 'no man is by nature the property of another' and that, albeit under Jamaican law slavery was recognised, that could not extend to Scotland. Conversely, Wedderburn's counsel argued that commercial interests, which underpinned Scotland's prosperity, should prevail. Dundas concluded his remarks by stating: “‪Human nature, my Lords, spurns at the thought of slavery among any part of our species.”‬
The Court of Session, by eight votes to four, sustained the sheriff's decision, which had held "That the state of slavery is not recognised by the laws of this kingdom, and is inconsistent with the principles thereof: and found that the regulations in Jamaica, concerning slaves, do not extend to this kingdom; and repelled the defender's claim to perpetual service". It thus rejected Wedderburn's appeal. Lord Kames stated that 'we sit here to enforce right not to enforce wrong'. Lord Auchinleck, Bowell's father, said "Although, in the plantations, they have laid hold of the poor blacks, and made slaves of them, yet I do not think that that is agreeable to humanity, not to say to the Christian religion. Is a man a slave because he is black? No. He is our brother; and he is a man, although not our colour; he is in a land of liberty, with his wife and his child: let him remain there."
. The Court thus held that
‘the dominion assumed over this Negro, under the law of Jamaica, being unjust, could not be supported in this country to any extent: That, therefore, the defender had no right to the Negro’s service for any space of time, nor to send him out of the country against his consent: That the Negro was likewise protected under the act 1701, c.6. from being sent out of the country against his consent.’

In effect, slavery was not recognised by Scots law. Fugitive slaves could be protected by the courts, if they wished to leave domestic service or were resisting attempts to return them to slavery in the colonies.

Later life

Knight was recognised as a free man. His wife had been in Wedderburn's service as a servant, but had been sacked by him following their marriage. At this point Knight and his family disappear from the record; nothing further is known of their lives or deaths.

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