The national era. [volume] (Washington [D.C.]) 1847-1860, 1853-10-27
For the National Era
For the National Era.
AN EXAMINATION OF THE MOSAIC LAWS
OF SERVITUDE.
SLAVERY DEFINED.
BY WIN. JAY,

SLAVERY DEFINED.
1t is obviously important that in all discus
sons involving emphatic words, having direct
bearing on the issue in question, the ideas in
tended to be represented by these words should
be distinctly stated and clearly oomprehended
In the following examination, the word ,lav,
will be frequently used, not incidentally mol
iguratively, but as expressing o definite idea
and one necessarily connected with the very
purpose Of the Investigation. Hence unless the
idea represented by a slave and by Slavery, a,
his legal condition, be understood by the read
er, the examination must prove to him vague
confused, and unsatisfactory. These words are
often used in q fgurative rhetorical sense, as a
man is said to be the slave Of sin, of passion, oil
his party, or of his business and we often hear
of political military, and ecclesiastical Slavery
In such cases, q comparison more or less close
Is intended to be made with species of seryi.
tude to which these words are legally and tech.
nically applied As we shall use these words
only in their strict legal sense, it is necessary
that this sense should be unequivocally under.
stood by the reader For this purpose it will
be sufficient to cite two legal definitions of the
word slave taken from American statutes, viz
"Slaves shall be deemed cHATTELs PERSON
ors and their executors, administrators, and
assigns, to all intents, constructions and pur-
poses, whatever."-2 Brepdrds Digest, 229 S.
Caroirra.
"A slave is one who is in the power of a
master to whom he belongs. The master may
sell him, dispose of his person, his industry, and
his labor. He can do nothing, possess nothing,
nor acquire anything but what must belong
~. 4
The leading and controlling idea in these
definitions is the ehatteihood Of the slave: be
/, a thing, q vendible commodity-and at the
death Of the owner falling like other chattels,
into the hands Of executors 40, for the pay
ment Of debts and legacies.
The legal practical application Of this idea
incidentally appears in the following extract
of law OF Maryland:
ain case the personal property Of q ward
shall consist Of specific ARTICLES, such as slaves
working beasts animals Of any kind, stock, fur
niture plate, books, &c, the court, If it shall
deem it advantageous to the ward, may at any
time pass an order for tho sale thereof"-Aet
Of 1898, ch. ci No 2.
Being n thing, the law classes him, as above,
with boasts, furniture, and books; and when
belonging TO q minor he may, like horse, be
sold by the court for the pecuniary interest Of
the child, without the slightest regard to his
own comfort or his temporal or spiritual vel
fare. As slaves can acquire nothing but what
belongs to their masters, the mother is the only
parent recognised by law, and she is recognised
for the sole purpose Of vesting in her owner the
property Of her child, in the same manner and
for the same reason that calf or colt belongs
TO the possessor of the dam. Hence as q ne
cessary consequence, slaves have legally no con-
jugal and parental relations. Husbands and
wives, fathers aud mothers have as such, 10
law, no rights and no duties, any more than
the boasts Of the field Being Gin the power
Of master TO whom he belongs" the slave has
legally no religious rights. His master may at
pleasure drive him to OF from any place Of
worship keep him in total ignorance Of Chris
t,anity, or impart TO him religious knowledge
in any quantity and Of any quality he may
think proper As the slave can possess moth
ing bat what belongs to his master, that mas
tor may keep him in absolute penury all his
days Being in the power OF the master the
slave may be beaten and tormented TO almost
any extent with perfect impunity There are,
indeed, laws against excessive cruelty to slaves