Slaves, says Justinian, are either born such or become so [I

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A DISSERTATION ON _SLAVERY_: WITH A PROPOSAL FOR THE GRADUAL ABOLITION

OF IT, IN THE _STATE OF VIRGINIA_.

BY ST. GEORGE TUCKER, _PROFESSOR OF LAW IN THE UNIVERSITY OF WILLIAM AND

MARY, AND ONE OF THE JUDGES OF THE GENERAL COURT, IN VIRGINIA_.

_Slavery not only violates the Laws of Nature, and of civil Society, it

also wounds the best Forms of Government: in a Democracy, where all Men

are equal, Slavery is contrary to the Spirit of the Constitution.

MONTESQUIEU._

PHILADELPHIA: PRINTED FOR MATHEW CAREY, No. 118, MARKET-STREET. 1796.

TO THE

_General Assembly of Virginia_,

To whom it belongs to decide upon the expediency and practicability of a

plan for the _gradual abolition_ of _Slavery_ in this commonwealth,

The following pages are most respectfully submitted and inscribed,

BY THE AUTHOR.

_Williamsburg, in Virginia, May 20, 1796._

TO THE READER.

_The following pages form a part of a course of Lectures on Law and

Police, delivered in the University of William and Mary, in this

commonwealth. The Author considering the Abolition of Slavery in this

State, as an object of the first importance, not only to our moral

character and domestic peace, but even to our political salvation; and

being persuaded that the accomplishment of so momentous and desirable an

undertaking will in great measure depend upon the early adoption of some

plan for that purpose, with diffidence submits to the consideration of

his countrymen his ideas on a subject of such consequence. He flatters

himself that the plan he ventures to suggest, is liable to fewer

objections than most others that have been submitted to the

consideration of the public, as it will be attended with a gradual

change of condition in the blacks, and cannot possibly affect the

interest either of =creditors=, or any other description of persons of

the =present generation=: and posterity he makes no doubt will feel

themselves relieved from a perilous and grievous burden by the timely

adoption of a plan, whose operation may be felt by them, before they are

borne down by a weight which threatens destruction to our happiness both

public and private._

====>The following ADDITIONAL NOTES have been received from the Author

since the body of this work was printed off.

_In page 20, after the word =arms=, in line 5, read this note:_

This was the case under the laws of the state; but the Act of 2. Cong.

c. 33. for establishing an uniform militia throughout the United States,

seems to have excluded all but free white men from bearing arms in the

militia.

_To the word =slave=, page 47, line 14, add the following note:_

It may not be improper here to note, that the first congress of the

United States, at their third session, Dec. 1793, passed an act to

prohibit the carrying on the slave trade from the United States to any

foreign place or country; the provisions of which seem well calculated

to restrain the citizens of united America from embarking in so infamous

a traffick.

ON THE STATE OF SLAVERY IN VIRGINIA.

In the preceding Enquiry[1] into the absolute rights of the citizens of

united America, we must not be understood as if those rights were

equally and universally the privilege of all the inhabitants of the

United States, or even of all those, who may challenge this land of

freedom as their native country. Among the blessings which the Almighty

hath showered down on these states, there is a large portion of the

bitterest draught that ever flowed from the cup of affliction. Whilst

America hath been the land of promise to Europeans, and their

descendants, it hath been the vale of death to millions of the wretched

sons of Africa. The genial light of liberty, which hath here shone with

unrivalled lustre on the former, hath yielded no comfort to the latter,

but to them hath proved a pillar of darkness, whilst it hath conducted

the former to the most enviable state of human existence. Whilst we were

offering up vows at the shrine of Liberty, and sacrificing hecatombs

upon her altars; whilst we swore irreconcilable hostility to her

enemies, and hurled defiance in their faces; whilst we adjured the God

of Hosts to witness our resolution to live free, or die, and imprecated

curses on their heads who refused to unite with us in establishing the

empire of freedom; we were imposing upon our fellow men, who differ in

complexion from us, a _slavery_, ten thousand times more cruel than the

utmost extremity of those grievances and oppressions, of which we

complained. Such are the inconsistencies of human nature; such the

blindness of those who pluck not the beam out of their own eyes, whilst

they can espy a moat, in the eyes of their brother; such that partial

system of morality which confines rights and injuries, to particular

complexions; such the effect of that self-love which justifies, or

condemns, not according to principle, but to the agent. Had we turned

our eyes inwardly when we supplicated the Father of Mercies to aid the

injured and oppressed; when we invoked the Author of Righteousness to

attest the purity of our motives, and the justice of our cause;[2] and

implored the God of Battles to aid our exertions in its defence, should

we not have stood more self convicted than the contrite publican! Should

we not have left our gift upon the altar, that we might be first

reconciled to our brethren whom we held in bondage? Should we not have

loosed their chains, and broken their fetters? Or if the difficulties

and dangers of such an experiment prohibited the attempt during the

convulsions of a revolution, is it not our duty to embrace the first

moment of constitutional health and vigour, to effectuate so desirable

an object, and to remove from us a stigma, with which our enemies will

never fail to upbraid us, nor our consciences to reproach us? To form a

just estimate of this obligation, to demonstrate the incompatibility of

a state of slavery with the principles of our government, and of that

revolution upon which it is founded, and to elucidate the practicability

of its total, though gradual, abolition, it will be proper to consider

the nature of slavery, its properties, attendants, and consequences in

general; its rise, progress, and present state not only in this

commonwealth, but in such of our sister states as have either perfected,

or commenced the great work of its extirpation; with the means they have

adopted to effect it, and those which the circumstances and situation of

our country may render it most expedient for us to pursue, for the

attainment of the same noble and important end.[3]

[Footnote 1: The subject of a preceding Lecture, with which the present

was immediately connected, was, An Enquiry into the Rights of Persons,

as Citizens of the United States of America.]

[Footnote 2: The American standard, at the commencement of those

hostilities which terminated in the revolution, had these words upon

it----AN APPEAL TO HEAVEN!]

[Footnote 3: The Author here takes the liberty of making his

acknowledgments to the reverend Jeremiah Belknap, D. D. of Boston, and

to Zephaniah Swift, Esq. representative in congress from Connecticut,

for their obliging communications; he hath occasionally made use of them

in several parts of this Lecture, where he may have omitted referring to

them.]

According to Justinian [Lib. 1. Tit. 2.], the first general division of

persons, in respect to their rights, is into freemen and slaves. It is

equally the glory and the happiness of that country from which the

citizens of the United States derive their origin, that the traces of

slavery, such as at present exists in several of the United States, are

there utterly extinguished. It is not my design to enter into a minute

enquiry whether it ever had existence there, nor to compare the

situation of villeins, during the existence of pure villenage, with that

of modern domestic slaves. The records of those times, at least, such as

have reached this quarter of the globe, are too few to throw a

satisfactory light on the subject. Suffice it that our ancestors

migrating hither brought not with them any prototype of that slavery

which hath been established among us. The first introduction of it into

Virginia was by the arrival of a Dutch ship from the coast of Africa

having _twenty_ Negroes on board, who were sold here in the year 1620

[Stith 182.]. In the year 1638 we find them in Massachusetts.[4] They

were introduced into Connecticut soon after the settlement of that

colony; that is to say, about the same period.[5] Thus early had our

forefathers sown the seeds of an evil, which, like a leprosy, hath

descended upon their posterity with accumulated rancour, visiting the

sins of the fathers upon succeeding generations.--The climate of the

northern states less favourable to the constitution of the natives of

Africa [Dr. Belknap. Zephan. Swift.], than the southern, proved alike

unfavourable to their propagation, and to the increase of their numbers

by importations. As the southern colonies advanced in population, not

only importations increased there, but Nature herself, under a climate

more congenial to the African constitution, assisted in multiplying the

blacks in those parts, no less than in diminishing their numbers in the

more rigorous climates of the north; this influence of climate moreover

contributed extremely to increase or diminish the value of the slave to

the purchasers, in the different colonies. White labourers, whose

constitutions were better adapted to the severe winters of the New

England colonies, were there found to be preferable to the Negroes [Dr.

Belknap. Zephan. Swift.], who, accustomed to the influence of an ardent

sun, became almost torpid in those countries, not less adapted to give

vigour to their laborious exercises, than unfavourable to the

multiplication of their species; in those colonies, where the winters

were not only milder, and of shorter duration, but succeeded by an

intense summer heat, as invigorating to the African, as debilitating to

the European constitution, the Negroes were not barely more capable of

performing labour than the Europeans, or their descendants, but the

multiplication of the species was at least equal; and, where they met

with humane treatment, perhaps greater than among the whites. The

purchaser therefore calculated not upon the value of the labour of his

slave only, but, if a female, he regarded her as "the fruitful mother of

an hundred more:" and many of these unfortunate people have there been

in this state, whose descendants even in the compass of two or three

generations have gone near to realize the calculation.--The great

increase of slavery in the southern, in proportion to the northern

states in the union, is therefore not attributable, _solely_, to the

effect of sentiment, but to natural causes; as well as those

considerations of profit, which have, perhaps, an equal influence over

the conduct of mankind in general, in whatever country, or under

whatever climate their destiny hath placed them. What else but

considerations of this nature could have influenced the merchants of the

freest nation, at that time in the world, to embark in so nefarious a

traffic, as that of the human race, attended, as the African slave trade

has been, with the most atrocious aggravations of cruelty, perfidy, and

intrigues, the objects of which have been the perpetual fomentation of

predatory and intestine wars? What, but similar considerations, could

prevail on the government of the same country, even in these days, to

patronize a commerce so diametrically opposite to the generally received

maxims of that government. It is to the operation of these

considerations in the parent country, not less than to their influence

in the colonies, that the rise, increase, and continuance of slavery in

those British colonies which now constitute united America, are to be

attributed, as I shall endeavour to shew in the course of the present

enquiry. It is now time to enquire into the nature of slavery, in

general, and take a view of its consequences, and attendants in this

commonwealth, in particular.

[Footnote 4: Dr. Belknap's answers to St. G. T.'s queries.]

[Footnote 5: Letter from Zephaniah Swift to St. G. T.]

Slavery, says a well informed writer [Hargrave's case of Negroe

Somerset.] on the subject, has been attended with circumstances so

various in different countries, as to render it difficult to give a

general definition of it. Justinian calls it a constitution of the law

of nations, by which one man is made subject to another, contrary to

nature [Lib. 1. Tit. 3. Sect. 2.]. Grotius describes it to be an

obligation to serve another for life, in consideration of diet, and

other common necessaries [Lib. 2. c. 5. Sect. 27]. Dr. Rutherforth,

rejecting this definition, informs us, that perfect slavery is an

obligation to be directed by another in all one's actions [Lib. 1. c.

20. pa. 474.]. Baron Montesquieu defines it to be the establishment of a

right, which gives one man such a power over another, as renders him

absolute master over his life and fortune [Lib. 15. c. 1.]. These

definitions appear not to embrace the subject fully, since they respect

the condition of the slave, in regard to his _master_, only, and not in

regard to the _state_, as well as the _master_. The author last

mentioned observes, that the constitution of a state may be free, and

the subject not so. The subject free, and not the constitution of the

state [Lib. 12. c. 1.]. Pursuing this idea, instead of attempting a

general definition of slavery; I shall, by considering it under a

threefold aspect, endeavour to give a just idea of its nature.

I. When a nation is, from any external cause, deprived of the right of

being governed by its own laws, only, such a nation may be considered as

in a state of _political slavery_. Such is the state of conquered

countries, and generally, of colonies, and other dependant governments.

Such was the state of united America before the revolution. In this case

the personal rights of the subject may be so far secured by wholesome

laws, as that the individual may be esteemed free, whilst the state is

subject to a higher power: this subjection of one nation, or people, to

the will of another, constitutes the first species of slavery, which, in

order to distinguish it from the other two, I have called political;

inasmuch as it exists only in respect to the governments, and not to the

individuals of the two countries. Of this it is not our business to

speak, at present.

II. Civil liberty being, no other than natural liberty so far restrained

by human laws, and no farther, as is necessary and expedient for the

general advantage of the public [Blackstone's Com. c. 125], whenever

that liberty is, by the laws of the state, further restrained than is

necessary and expedient for the general advantage, a state of _civil

slavery_ commences immediately: this may affect the whole society, and

every description of persons in it, and yet the constitution of the

state be perfectly free. And this happens whenever the laws of a state

respect the form, or energy of the government, more than the happiness

of the citizen; as in Venice, where the most oppressive species of civil

slavery exists, extending to every individual in the state, from the

poorest gondolier to the members of the senate, and the doge himself.

This species of slavery also exists whenever there is an inequality of

rights, or privileges, between the subjects or citizens of the same

state, except such as necessarily result from the exercise of a public

office; for the pre-eminence of one class of men must be founded and

erected upon the depression of another; and the measure of exaltation in

the former, is that of the slavery of the latter. In all governments,

however constituted, or by what description soever denominated, wherever

the distinction of rank prevails, or is admitted by the constitution,

this species of slavery exists. It existed in every nation, and in every

government in Europe before the French revolution. It existed in the

American colonies before they became independent states; and

notwithstanding the maxims of equality which have been adopted in their

several constitutions, it exists in most, if not all, of them, at this

day, in the persons of our free Negroes and mulattoes; whose civil

incapacities are almost as numerous as the civil rights of our free

citizens. A brief enumeration of them, may not be improper before we

proceed to the third head.

Free Negroes and mulattoes are by our constitution excluded from the

right of suffrage,[6] and by consequence, I apprehend, from office too:

they were formerly incapable of serving in the militia, except as

drummers or pioneers, but now I presume they are enrolled in the lists

of those that bear arms, though formerly punishable for presuming to

appear at a muster-field [1723. c. 2.]. During the revolution war many

of them were enlisted as soldiers in the regular army. Even slaves were

not rejected from military service at that period, and such as served

faithfully during the period of their enlistment, were emancipated by an

act passed after the conclusion of the war [Oct. 1783. c. 3.]. An act of

justice to which they were entitled upon every principle. All but

housekeepers, and persons residing upon the frontiers are prohibited

from keeping, or carrying any gun, powder, shot, club, or other weapon

offensive or defensive [1748. c. 31. Edit. 1794.]: Resistance to a white

person, in any case, was, formerly, and now, in any case, except a

wanton assault on the Negroe or mulattoe, is punishable by whipping [Ib.

c. 103.]. No Negroe or mulattoe can be a witness in any prosecution, or

civil suit in which a white person is a party [1794. c. 141.]. Free

Negroes together with slaves were formerly denied the benefit of clergy

in cases where it was allowed to white persons; but they are now upon an

equal footing as to the allowance of clergy, though not as to the

consequence of that allowance, inasmuch as the court may superadd other

corporal punishments to the burning in the hand usually inflicted upon

white persons, in the like cases [1794. c. 103.]. Emancipated Negroes

may be sold to pay the debts of their former master contracted before

their emancipation; and they may be hired out to satisfy their taxes

where no sufficient distress can be had. Their children are to be bound

out apprentices by the overseers of the poor. Free Negroes have all the

advantages in capital cases, which white men are entitled to, except a

trial by a jury of their own complexion: and a slave suing for his

freedom shall have the same privilege. Free Negroes residing, or

employed to labour in any town must be registered; the same thing is

required of such as go at large in any county. The penalty in both cases

is a fine upon the person employing, or harbouring them, and

imprisonment of the Negroe [1794. c. 163.]. The migration of free

Negroes or mulattoes to this state is also prohibited; and those who do

migrate hither may be sent back to the place from whence they came

[1794. c. 164.]. Any person, not being a Negroe, having one-fourth or

more Negroe blood in him is deemed a mulattoe. The law makes no other

distinction between Negroes and mulattoes, whether slaves or freemen.

These incapacities and disabilities are evidently the fruit of the third

species of slavery, of which it remains to speak; or, rather, they are

scions from the same common stock: which is,

III. That condition in which one man is subject to be directed by

another in all his actions; and this constitutes a state of _domestic

slavery_; to which state all the incapacities and disabilities of civil

slavery are incident, with the weight of other numerous calamities

superadded thereto. And here it may be proper to make a short enquiry

into the origin and foundation of domestic slavery in other countries,

previous to its fatal introduction into this.

[Footnote 6: The Constitution of Virginia, art. 7. declares, that the

right of suffrage shall remain as then exercised: the act of 1723, c. 4

(edit. 1733,), sect. 23, declared, that no Negroe, mulattoe, or Indian,

shall have any vote at the election of burgesses, or any other election

whatsoever.--This act, it is presumed, was in force at the adoption of

the constitution.--The act of 1785, c. 55 (edit. of 1794, c. 17,), also

expressly excludes them from the right of suffrage.]

Slaves, says Justinian, are either born such or become so [Inst. lib. 1.

tit. 1.]. They are born slaves when they are children of bond women; and

they become slaves, either by the law of nations, that is, by captivity;

for it is the practice of our generals to sell their captives, being

accustomed to preserve, and not to destroy them: or by the civil law,

which happens when a free person, above the age of twenty, suffers

himself to be sold for the sake of sharing the price given for him. The

author of the Commentaries on the Laws of England thus combats the

reasonableness of all these grounds [1. b. c. 423.]: "The conqueror,"

says he, "according to the civilians, had a right to the life of his

captives; and having spared that, has a right to deal with him as he

pleases. But it is an untrue position, when taken generally, that by the

law of nature or nations, a man may kill his enemy: he has a right to

kill him only in particular cases; in cases of absolute necessity for

self-defence; and it is plain that this absolute necessity did not

subsist, since the victor did not actually kill him, but made him

prisoner. War itself is justifiable only on principles of

self-preservation; and therefore it gives no other right over prisoners

but merely to disable them from doing harm to us, by confining their

persons: much less can it give a right to kill, torture, abuse, plunder,

or even to enslave, an enemy, when the war is over. Since therefore the

right of _making_ slaves by captivity, depends on a supposed right of

slaughter, that foundation failing, the consequence drawn from it must

fail likewise. But, secondly, it is said slavery may begin _jure

civili_; when one man sells himself to another. This, if only meant of

contracts to serve, or work for, another, is very just: but when applied

to strict slavery, in the sense of the laws of old Rome or modern

Barbary, is also impossible. Every sale implies a price, a _quid pro

quo_, an equivalent given to the seller, in lieu of what he transfers to

the buyer; but what equivalent can be given for life and liberty, both

of which, in absolute slavery, are held to be in the master's disposal?

His property, also, the very price he seems to receive, devolves, _ipso

facto_, to his master, the instant he becomes a slave. In this case,

therefore, the buyer gives nothing, and the seller receives nothing: of

what validity then can a sale be, which destroys the very principles

upon which all sales are founded? Lastly we are told, that besides these

two ways by which slaves are acquired, they may also be hereditary;

"_servi nascuntur_"; the children of acquired slaves are, "jure

naturae", by a negative kind of birthright, slaves also.--But _this,

being built on the two former rights, =must= fall_ together with them.

If neither captivity, nor the sale of one's self, can by the law of

nature and reason reduce the parent to slavery, _much less_ can they

reduce the offspring." Thus by the most clear, manly, and convincing

reasoning does this excellent author refute every claim upon which the

practice of slavery is founded, or by which it has been supposed to be

justified, at least, in modern times.[7] But were we even to admit, that

a captive taken in a _just war_, might by his conqueror be reduced to a

state of slavery, this could not justify the claim of Europeans to

reduce the natives of Africa to that state: it is a melancholy, though

well-known fact, that in order to furnish supplies of these unhappy

people for the purposes of the slave trade, the Europeans have

constantly, by the most insidious (I had almost said infernal) arts,

fomented a kind of perpetual warfare among the ignorant and miserable

people of Africa; and instances have not been wanting, where, by the

most shameful breach of faith, they have trepanned end made slaves of

the _sellers_ as well as the _sold_.[8] That such horrid practices have

been sanctioned by a civilized nation; that a nation ardent in the cause

of liberty, and enjoying its blessings in the fullest extent, can

continue to vindicate a right established upon such a foundation; that a

people who have declared, "That _all men =are by nature= equally[Bill of

Rights, art. 1.]-free =and= independent_", and have made this

declaration the first article in the foundation of their government,

should in defiance of so sacred a truth, recognized by themselves in so

solemn a manner, and on so important an occasion, tolerate a practice

incompatible therewith, is such an evidence of the weakness and

inconsistency of human nature, as every man who hath a spark of

patriotic fire in his bosom must wish to see removed from his own

country. If ever there was a cause, if ever an occasion, in which all

hearts should be united, every nerve strained, and every power exerted,

surely the restoration of human nature to its inalienable right is such:

Whatever obstacles, therefore, may hitherto have retarded the attempt,

he that can appreciate the honour and happiness of his country, will

think it time that we should attempt to surmount them.

[Footnote 7: These arguments are, in fact, borrowed from the Spirit of

Laws.]

[Footnote 8: "About the same time (the reign of queen Elizabeth) a

traffic in the human species, called Negroes, was introduced into

England, which is one of the most odious and unnatural branches of trade

the sordid and avaricious mind of mortals ever invented.--It had been

carried on before this period by Genoese traders, who bought a patent

from Charles the fifth, containing an exclusive right of carrying

Negroes from the Portuguese settlements in Africa, to America and the

West Indies; but the English nation had not yet engaged in the

iniquitous traffic.--One William Hawkins, an expert English seaman,

having made several voyages to the coast of Guinea, and from thence to

Brazil and the West Indies, had acquired considerable knowledge of the

countries. At his death he left his journals with his son, John Hawkins,

in which he described the lands of America and the West Indies as

exceedingly rich and fertile, but utterly neglected for want of hands to

improve them. He represented the natives of Europe as unequal to the

task in such a scorching climate; but those of Africa as well adapted to

undergo the labours requisite. Upon which John Hawkins immediately

formed a design of transporting Africans into the western world; and

having drawn a plan for the execution of it, he laid it before some of

his opulent neighbours for encouragement and approbation. To them it

appeared promising and advantageous. A subscription was opened and

speedily filled up, by Sir Lionel Ducket, Sir Thomas Lodge, Sir William

Winter, and others, who plainly perceived the vast profits that would

result from such a trade. Accordingly three ships were fitted out, and

manned by an hundred select sailors, whom Hawkins encouraged to go with

him by promises of good treatment and great pay. In the year 1562 he set

sail for Africa, and in a few weeks arrived at the country called Sierra

Leona, where he began his commerce with the Negroes. While he trafficked

with them, he found the means of giving them a charming description of

the country to which he was bound; the unsuspicious Africans listened to

him with apparent joy and satisfaction, and seemed remarkably fond of

his European trinkets, food, and clothes. He pointed out to them the

barrenness of the country, and their naked and wretched condition, and

promised if any of them were weary of their miserable circumstances, and

would go along with him, he would carry them to a plentiful land, where

they should _live happy_, and _receive_ an abundant _recompence_ for

their labours. He told them the country was inhabited by such men as

himself and his jovial companions, and _assured_ them of _kind usage_

and _great friendship_. In short, the Negroes were overcome by his

flattering promises, and _three hundred_ stout fellows accepted his

offer, and consented to embark along with him. Every thing being settled

on the most amicable terms between them, Hawkins made preparations for

his voyage. But in the night before his departure his Negroes were

attacked by a large body from a different quarter; Hawkins, being

alarmed with the shrieks and cries of dying persons, ordered his men to

the assistance of his slaves, and having surrounded the assailants,

carried a number of them on board as prisoners of war. The next day he

set sail for Hispaniola with his cargo of human creatures; but during

the passage, he treated the prisoners of war in a different manner from

his volunteers. Upon his arrival he disposed of his cargo to great

advantage; and endeavoured to inculcate on the Spaniards who bought the

negroes the same distinction to be observed: but they having _purchased

all at the same rate_, considered them as slaves of the same condition,

and consequently treated all alike."

Hawkins having returned to England, soon after made preparations for a

second voyage. "In his passage he fell in with the Minion man of war,

which accompanied him to the Coast of Africa. After his arrival he began

as formerly to traffic with the Negroes, endeavouring by persuasions and

_prospects_ of _reward_, to induce them to go along with him--but now

they were more reserved and jealous of his designs, and as none of their

neighbours had returned, they were apprehensive he had killed and eat

them. The crew of the man of war observing the Africans backward and

suspicious, began to laugh at his gentle and dilatory methods of

proceeding, and proposed having immediate recourse to force and

compulsion--but Hawkins considered it as cruel and unjust, and tried by

persuasions, promises and threats, to prevail on them to desist from a

purpose so unwarrantable and barbarous. In vain did he urge his

authority and instructions from the Queen: the bold and headstrong

sailors would hear of no restraints. Drunkenness and avarice are deaf to

the voice of humanity. They pursue their violent design, and, after

several unsuccessful attacks, in which _many_ of them lost their

_lives_, the cargo was at length compleated by barbarity and force.

"Hence arose that horrid and inhuman practice of dragging Africans into

slavery, which has since been _so_ pursued, in defiance of every

principle of justice and religion. Had Negroes been brought from the

flames, to which in some countries they were devoted on their falling

prisoners of war, and in others, sacrificed at the funeral obsequies of

the great and powerful among themselves; in short had they by this

traffic been delivered from _torture_ or _death_, European merchants

_might have some excuse_ to plead in its vindication. _But according to

the common mode in which it has been conducted_, we must confess it a

difficult matter to conceive a _single_ argument in its defence. And

though policy has given countenance and sanction to the trade, yet every

candid and impartial man must confess, that it is atrocious and

unjustifiable in every light in which it can be viewed, and turns

merchants into a band of robbers, and trade into atrocious acts of fraud

and violence." Historical Account of South-Carolina and Georgia.

Anonymous. London printed in 1779--page 20, &c.

"The number of Negroe slaves bartered for in one year (viz. 1768), on

the Coast of Africa from Cape Blanco, to Rio Congo, amounted to 104,000

souls, whereof more than half (viz. 53,000) were shipped on account of

British merchants, and 6,300 on the account of British Americans." The

Law of Retribution by Granville Sharpe, Esq. page 147. note.]

But how loudly soever reason, justice, and (may I not add) religion,[9]

condemn the practice of slavery, it is acknowledged to have been very

ancient, and almost universal. The Greeks, the Romans, and the ancient

Germans also practiced it, as well as the more ancient Jews and

Egyptians. By the Germans it was transmitted to the various kingdoms

which arose in Europe out of the ruins of the Roman empire. In England

it subsisted for some ages under the name of _villeinage_.[10] In Asia

it seems to have been general, and in Africa universal, and so remains

to this day: In Europe it hath long since declined; its first declension

there, is said to have been in Spain, as early as the eighth century;

and it is alleged to have been general about the middle of the

fourteenth, and was near expiring in the sixteenth, when the discovery

of the American continent, and the eastern and western coasts of Africa

gave rise to the introduction of a new species of slavery. It took its

origin from the Portuguese, who, in order to supply the Spaniards with

persons able to sustain the fatigue of cultivating their new possessions

in America, particularly the islands, opened a trade between Africa and

America for the sale of Negroes, about the year 1508. The expedient of

having slaves for labour was not long peculiar to the Spaniards, being

afterwards adopted by other European colonies [Hargrave, ib.]: and

though some attempts have been made to stop its progress in most of the

United States, and several of them have the fairest prospects of success

in attempting the extirpation of it, yet is others, it hath taken such

deep root, as to require the most strenuous exertions to eradicate it.

[Footnote 9: See the various tracts on this subject, by Granville

Sharpe, Esq. of London.]

[Footnote 10: The condition of a _villein_ had most of the incidents I

have before described in giving the idea of _slavery_, in general. His

services were uncertain and indeterminate, such as his lord thought fit

to require; or as some of our ancient writers express it, he knew not in

the evening what he was to do in the morning, he was bound to do

whatever he was commanded. He was liable to beating, imprisonment, and

every other chastisement his lord could devise, except killing and

maiming. He was incapable of acquiring property for his own benefit; he

was himself the subject of property; as such saleable and transmissible.

If he was a villein regardant he passed with the land to which he was

annexed, but might be severed at the will of his lord; if he was a

villein in gross, he was an hereditament, or a chattel real, according

to his lord's interest; being descendible to the heir, where the lord

was absolute _owner_, and transmissible to the executor where the lord

had only a term of years in him. Lastly, the slavery extended to the

issue, if the father was a villein, our law deriving the condition of

the child from that of the father, contrary to the Roman law, in which

the rule was, _partus sequitur ventum_. Hargrave's Case of Negroe

Somerset, page 26 and 27.

The same writer refers the origin of vassalage in England, principally

to the wars between the British, Saxon, Danish, and Norman nations,

contending for the sovereignty of that country, in opposition to the

opinion of judge Fitzherbert, who supposes villeinage to have commenced

at the conquest. Ib. 27, 28. And this he proves from Spelman and other

antiquaries. Ib. The writ _de nativo habendo_, by which the lord was

enabled to recover his villein that had absconded from him, creates a

presumption that all the natives of England were at some period reduced

to a state of villeinage, the word _nativus_, which signified a villein,

most clearly designating the person meant thereby to be a _native_: this

etymon is obvious, as well from the import of the word _nativus_, as

from the history of the more remote ages of Britain. Sir Edward Coke's

Etymology, "_quia plerumque nascuntur servi_," is one of those puerile

conceits, which so frequently occur in his works, and are unworthy of so

great a man.

Barrington in his observations upon _magna carta_ c. 4. observes, that

the villeins who held by servile tenures were considered as so many

negroes on a sugar plantation; the words "_liber homo_," in magna carta,

c. 14. with all deference to sir Edward Coke, who says they mean a

_free-holder_, I understand as meaning _a free man_,[Liber homo, &c. the

title of _freeman_ was formerly _confined_ to the _nobility_ and

_gentry_ who were _descended_ of free ancestors.--Burgh's Political

Disquisitions, vol. iii. p. 400, who cites Spelman's Glossary, voc.

Liber homo.] as contradistinguished from a _villein_: for in the very

next sentence the words "et _villanus_ alterius quam noster," occur.

Villeins must certainly have been numerous at that day, to have obtained

a place in the Great Charter. It is no less an evidence that their

condition was in a state of melioration.

In Poland, at this day, the peasants seem to be in an absolute state of

slavery, or at least of villeinage, to the nobility, who are the

land-holders.]

The first introduction of Negroes into Virginia happened, as we have

already mentioned, in the year 1620; from that period to the year 1662

there is no compilation of our laws, in print, now to be met with. In

the revision made in that year, we find an act declaring that no

Englishman, trader, or other, who shall bring in any Indians as servants

and assign them over to any other, shall sell them for _slaves_, nor for

any other time than English of like age should serve by act of assembly

[1662. c. 136.]. The succeeding session all children born in this

country were declared to be bond, or free, according to the condition of

the mother [1662. Sess. d. c. 12.]. In 1667 it was declared, "That the

conferring of baptism doth not alter the condition of the person

baptized, as to his bondage or freedom [1667. c. 2.]." This was done,

"that divers masters freed from this doubt may more carefully endeavour

the propagating of Christianity, by permitting their slaves to be

baptized." It would have been happy for this unfortunate race of men if

the same tender regard for their bodies, had always manifested itself in

our laws, as is shewn for their souls in this act. But this was not the

case; for two years after, we meet with an act, declaring, "That if any

slave resist his master, or others, by his master's orders correcting

him, and by the extremity of the correction should chance to die, such

death should not be accounted felony: but the master or other person

appointed by his master to punish him, be acquit from molestation:

_since it could not be presumed that prepensive malice_, which alone

makes _murder felony_, should induce any man to destroy his own

estate."[11] This cruel and tyrannical act was, at three different

periods [1705. c. 49. 1723. c. 4. 1748. c. 31.] re-enacted, with very

little alteration; and was not finally repealed till the year 1788

[1788. c. 23.]--above a century after it had first disgraced our code.

In 1668 we meet with the first traces of emancipation, in an act which

subjects Negroe women set free to the tax on titheables [1668. c. 7.].

Two years after [1670. c. 5.], an act passed prohibiting _Indians_ or

Negroes, manumitted, or otherwise set free, though baptized, from

purchasing Christian servants [1670. c. 12.]. From this act it is

evident that _Indians_ had _before_ that time been made slaves, as well

as Negroes, though we have no traces of the original act by which they

were reduced to that condition. An act of the same session recites that

disputes had arisen whether Indians taken in war by any other nation,

and by that nation sold to the English, are servants for _life_, or for

a term of years; and declaring that all _servants_, not being

Christians, imported into this country by _shipping_, shall be _slaves_

for their life-time; but that what shall come by land, shall serve, if

boys and girls, until thirty years of age; if men and women twelve

years, and no longer. On a rupture with the Indians in the year 1679 it

was, for the _better encouragement of soldiers_, declared that what

_Indian_ prisoners should be _taken in war_ should be free purchase to

the soldier _taking_ them [1679. c. 1.]. Three years after it was

declared that all _servants_ brought into this country by sea or land,

not being Christians, whether Negroes, Moors, mulattoes or Indians,

except Turks and Moors in amity with Great Britain, and all Indians

which should thereafter be sold by neighbouring Indians, or any others

trafficking with us, as slaves, should be slaves to all intents and

purposes [1682. c. 1.]. This act was re-enacted in the year 1705, and

afterwards in 1753 [1705 c. 49. 1753. c. 2.], nearly in the same terms.

In 1705 an act was made, authorising a free and open trade for all

persons, at all times, and at all places, with all Indians whatsoever

[1705 c. 52.]. On the authority of this act, the general court in April

term 1787 decided that no Indians brought into Virginia since the

passing thereof, nor their descendants, can be slaves in this

commonwealth.[12] In October 1778 the general assembly passed the first

act which occurs in our code for prohibiting the importation of slaves

[1778. c. 1.]; thereby declaring that no slave should thereafter be

brought into this commonwealth by land, or by water; and that every

slave imported contrary thereto, should upon such importation be free:

with an exception as to such as might belong to persons migrating from

the other states, or be claimed by descent, devise, or marriage, or be

at that time the actual property of any citizen of this commonwealth,

residing in any other of the United States, or belonging to travellers

making a transient stay, and carrying their slaves away with them.--In

1705 this act unfortunately underwent some alteration, by declaring that

slaves thereafter brought into this commonwealth, and kept therein one

whole _year together_, or so long at different times as shall _amount to

a year_, shall be free. By this means the difficulty of proving the

right to freedom will be not a little augmented: for the fact of the

first importation, where the right to freedom immediately ensued, might

have been always proved without difficulty; but where a slave is subject

to removal from place to place, and his right to freedom is postponed

for so long a time as a whole year, or perhaps several years, the

provisions in favour of liberty may be too easily evaded. The same act

declares that no persons shall thenceforth be slaves in this

commonwealth, except such as were so on the first day of that session

(Oct. 17th, 1785), and the descendants of the females of them. This act

was re-enacted in the revisal made in 1792 [See acts of 1794, c. 103.].

In 1793 an additional act passed, authorising and requiring any justice

of the peace having notice of the importation of any slaves, directly or

indirectly, from any part of Africa or the West Indies, to cause such

slave to be immediately apprehended and transported out of the

commonwealth [Edit. of 1794. c. 164.]. Such is the rise, progress, and

present foundation of slavery in Virginia, so far as I have been able to

trace it. The present number of slaves in Virginia, is immense, as

appears by the census taken in 1791, amounting to no less than 292,427

souls: nearly two-fifths of the whole population of the

commonwealth.[13] We may console ourselves with the hope that this

proportion will not increase, the further importation of slaves being

prohibited, whilst the free migrations of white people hither is

encouraged. But this hope affords no other relief from the evil of

slavery, than a diminution of those apprehensions which are naturally

excited by the detention of so large a number of oppressed individuals

among us, and the possibility that they may one day be roused to an

attempt to shake off their chains.

[Footnote 11: Among the Israelites, according to the Mosaical law, "If a

man smote his servant, or his maid, with a rod, and he died under his

hand, he should surely be punished--notwithstanding if he continue a day

or two, he should not be punished [Exod. c. 21]:" for, saith the text,

he is _his money_. Our legislators appear to have adopted the reason of

the latter clause, without the humanity of the former part of the law.]

[Footnote 12: Hannah and other Indians, against Davis.--Since this

adjudication, I have met with a manuscript act of assembly made in 1691

c. 9 entitled, "An Act for a free Trade with Indians," the enacting

clause of which is in the very words of the act of 1705. c. 52. A

similar title to an act of that session occurs in the edition of 1733.

p. 94. and the chapter is numbered as in the manuscript. If this

manuscript be authentic (which there is some reason to presume, it being

copied in some blank leaves at the end of Purvis's edition, and

apparently written about the time of the passage of the act), it would

seem that no Indians brought into Virginia for more than a century, nor

any of their descendents, can be retained in slavery in this

commonwealth.]

[Footnote 13: Although it be true that the number of slaves in the

_whole_ state bears the proportion of 292,427, to 747,610, the whole

number of souls in the state, that is, nearly as _two_ to _five_; yet

this proportion is by no means _uniform_ throughout the state. In the

forty-four counties lying upon the Bay, and the great rivers of the

state, and comprehended by a line including Brunswick, Cumberland,

Goochland, Hanover, Spottsylvania, Stafford, Prince William and Fairfax,

and the counties eastward thereof, the number of slaves is 196,542, and

the number of free persons, including free Negroes and mulattoes,

198,371 only. So that the blacks in that populous and extensive district

of country are _more numerous_ than the whites. In the second class,

comprehending nineteen counties, and extending from the last mentioned

line to the Blue Ridge, and including the populous counties of Frederick

and Berkeley, beyond the Blue Ridge, there are 82,286 slaves, and

136,251 free persons; the number of free persons in that class not being

two to one, to the slaves. In the third class the proportion is

considerably increased; the eleven counties of which it consists contain

only 11,218 slaves, and 76,281 free persons. This class reaches to the

Allegany ridge of mountains: the fourth and last class, comprehending

fourteen counties westward of the third class, contains only 2,381

slaves, and 42,288 free persons. It is obvious from this statement that

almost all the dangers and inconveniences which may be apprehended from

a state of slavery on the one hand, or an attempt to abolish it, on the

other, will be confined to the people eastward of the blue ridge of

mountains.]

Dissertation on Slavery With a Proposal for the Gradual Abolition of it, in the State of Virginia · 第 1 / 5 段