The national era. [volume] (Washington [D.C.]) 1847-1860, 1853-10-06

WhOSe names are consecrdted IN the affections
of the Southern People--the Debates IN the
Federal and State Conventions which framed
and ratified the Constitution Of the United
StdteS-thoSe a0hich occurred an the first Con-
crosses DhtCh sat during the administration
of General WaShington--dnd extracts from
the Debate IN the Virginia Legislature an
1882 auth UariOus letters, judicial decisions, &C.
BY DANIEL R. GooDLoE, OF NORTH CAROLINA.
ON THE STATE OF SLAVERY IN VIRGINIA
CONTINUED.
Slavery, says a wel-informed writer on the
subject has been attended with circumstances
80 various in different countries as to render it
difficult to give general definition of it, JUS
tinan calls it a constitution OF the law Of ma
tons, by which one man is made subject to
another, contrary to nature, (9) Grotius de-
scribes it to be an obligation to serve another
for life, in consideration of diet and other COM
mon necessaries, l0) DR., Rutherforth, rejecting
this definition, informs us that perfect slavery
is an obligation to be directed by another in
oil ones actions, (ll) Baron Montesquieu de-
fines it to be the establishment of a right
which gives one man such power over an
other as renders him absolute master over his
! LIE and fortune, az These definitions appear
not to embrace the subject fully, since they re-
spect the condition Of the slave in regard to his
master only, and not in regard to the State a.
well as the master The author last mentioned
observes, that the constitution Of State may
be free and the subject not so-the subject
free, and not the constitution of the State, 49,
Pursuing this idea instead of attempting
general definition Of slavery, | shall, by con.
sdering it under three-iold aspect, endeavor
to give just idea of its nature.
/. When nation is, from any external
cause, deprived Of the right of being governed
by its own laws, only such nation may be
considered rs in Il state Of political slavery.
Such is the state of conquered countries, and,
generally, Of colonies and other dependent
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 in
dividual may be esteemed free, whilst the State
is subject to a higher power. This subsection
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, !
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 il
not Our business to speak at present
2. Civil liberty, according to Judge Black.
stone, being no other than natural liberty sc
far restrained by human laws, and no farther
IA is necessary and expedient for the general
advantage of the public, IA Whenever thai
liberty is, by the laws Of the State, further re
strained than is necessary and expedient fol
the general advantage, q state OF eirit Stdueri
commences Immediately. This may affect tn,
whole society, and every description Of person.
in it, and yet the constitution OF the State b.
perfectly free. And this happens wheneye
the laws of a State respect the form or energ.
of the government more than the happiness o
the citizen; AZ in Venice, where the most op
pressive species OF civil slavery exists extending
to every individual in the State from tn
poorest gondolier to the members of the senate
and the dogc himself
This species of slavery also exists wheneve
there is an inequality Of rights, or privilege,
between the subjects or citizens of the sam
State, except such rs necessarily results fror
the exercise of public Office for the pre-
eminence OF one class of men must be founde
and erected upon the depression of another
and the measure of exaltaton in the former
that Of the slavery of the latter. In all gov
ernments, however constituted, or by what dc
scription soever denominated, wherever tn
distinction of rank prevails, or is admitted b.
the constitution, this species of slavery exists
IL existed in every nation and in every govern
ment in Europe before the French revolution
Ii existed in the American Colonies before the
became independent States; and, notwithstand
ing the maxims o: equality which have beer
adopted in their several constitutions il exist
in most if not oil of them at this day in tn
persons of our free negroes and mulattoes
whose civil incapacities are almost rs numerou
as the civil rights Of our free citizens. A bre
enumeration of them may not be improper
before We proceed to the third head.
Free negroes and mulattoes are by our Con
shtuton excluded from the right Of suffrage
liS) and by consequence, | apprehcnd, from
, once too, They were formerly incapable 0
serving In the militia, except as drummers OF
pioneers but of late years presume they wer
ehroiied In the lists of those that bear arms Il
though formerly punishable for presuming Il
appear at mnster'held, al During tn,
Revolutionary War, many of them were en-
listed as soldiers in the regular army, Eve,
slaves were not rejected from military service
at that period and such as served faithful,
during the period Of their enlistment wer,
emanclpated by I'm act passed after the con
clusion OF the war, lls)-an act Of justice Il
which they were entitled upon every principle
All but housekeepers and persons residin
upon the trOntiers are probibitad from kee,