Enslavement Form over Substance - Essay Example

It was after this statute that the case of Captain James Smith and his first mate, Thomas Keyser was brought to court. Keyser, with the ship and crew, had left Smith at the second to last port which was why Smith had brought the case to court. While these issues were dealt with, the issue of both men killing and stealing Negroes in Africa was ignored.“In 1645, Richard Saltonstall petitioned the General Court that justice be done on Smith and Keyser for murder and man stealing. The court ordered the release of the two Negro slaves but apart from that, the case was not pursued” (Winthrop).

This is a perfect example of form over substance. On paper, the court was right in its decision. The Negro slaves that were on their land were given back their liberty, while Keyser and Smith’s actions in Africa could not be pursued; it was out of the court’s jurisdiction. The “form” of the matter had been dealt with. But yet again, society chose to look at the form of the matter rather than the substance. Keyser and Smith both committed heinous crimes but as the Statute allowed enslavement, the matter was dealt with an ignorant eye.