The national era. [volume] (Washington [D.C.]) 1847-1860, 1853-11-10

From this view Of our jurisprudence respect.
ing slaves, we are unavoidably led 10 remark
bow frequently the laws of nature have been
Get aside in favor of Institutions, the pure re.
suit Of prejudice, usurpaton, and TYRANNY. We
have found actions, innocent or Indifferent,
punishable with O rigor scarcely due to any
but the most atrocious offences against civil So
ciety justice distributed by an unequal meas
ure 10 the master and the slave: and even the
hand of mercy arrested, where mercy might
have been extended 10 the wretched cul Irit
had his complexion been the same with that Of
his judges for the short period Of ten days
between his condemnation and execution, was
often insufficient TO obtain a pardon for slave
convicted in a remote part Of the county; whilst
free man, condemned at the seat of Govern
ment, and tried before the Governor himself, in
whom the power of pardoning was vested,
had respite of thirty days to implore the
clemency of the Executive authority. Ii may
be urged and believe with truth, that these
rig0rs do not proceed from a saDguinary tenn
per in the people Of Virginia, but from those
political considerations iDdispensably necessary
where Slavery prevails to any great extent,
am, moreover, happy to observe that our police
respecting this unhappy class of people il not
only less rigorous than formerly, but perhaps
milder than in other countries 1881 where there
are 80 many slaves, O..-so large u proportion OF
them in respect to the free inhabitants. Ii il
also, trust unjust to censure the present gen.
GRAFTON for the existence of Slavery in Virginia ;
for think it unquestionably true that very
large proportion of our fellow citizens lament
that a. misfortune which is imputed to them
AZ reproach it being evident, from what has
| been already shown upon the subject that an
teeedent TO the Revolution no exertion to abolish
or even to check the progress Of Slavery in Vir-
ginia could have received the smallest counte-
nance from the Crown without whose assent
the united wishes and exertions of every indi.
vidual here would have been wholly frutless
and Intellectual IL j., perhaps, also demon
strable, that at no period since the Revolution
could the abolition of Slavery in this State have
been safely undertaken, until the foundations
OF our newly established Governments had been
found capable of supporting the fabric itself
under any shock which 80 arduous an attempt
might have produced. But these obstacles
being now happily removed, considerations Of
policy, as we'll az justice and humanity, must
eyince the necessity of eradicating the evil, be.
fore it becomes impossible to do it without tear
ing up the roots Of civil society with it.
Having, in the preceding part of this inquiry,
shown the origin and foundation of Slavery or
the manner in which men have become slaves,
as also who are liable to be retained in Slavery
in Virginia at present, with the legal oonse-
quences attendant upon their condition, il only
remains to consider the mode by which slaves
have been, or may be, emancipated, and the
legal consequences thereof, in this State.
ManumissiOn among the lsraelites, if the bond.
man were an Hebrew, was enjoned after six
years service, by the Mosaic law, unless the
servant chose to continue with his master in
which case the master carried him before the
| judges, and took an awl and thrust it through
his ear into the door, (59) and from thencciorth
he became servant forever; but il he sent him
away free, he was bound to furnish him liber-
ally out of his flock, and out of his floor, and
out of his wine-press, 1901 Among the Ro-
mans, in tho time of the Commonwealth, lib
erty could be conferred only three ways. BY
testament by the census, and by the rindictd
or lictor's rod A man was said to be free by
the census, " libtr eensu," when his name was
inserted 10 the censor's roll, with the approba-
ton Of his master. When he was freed by the
uind'cta the master, placing his hand upon tn,
, head OF the slave, said, in the presence of thu
! pr@tor, Ii is my desire that this man may b.
free-"hune hominem hberum ess uoio ~ t.
which the pr@tor replied, Pronounce him fre
after the manner Of the Romans" dico Gun
iiberum esse more Quirifum" Thon the lictor
receiving the vindicta, struck the new freed
man several blows with it upon the head, face
and back after which, the name was register
ed in tho roll Of freedmen, and his head being
close shaved, a cap was given him as token
of liberty, l6l Under the imperial constitu.
tons, liberty might have been conferred by
several other methods, IA in the face Of the
church, in the presence Of friends, or by letter
or by testament (62 But it was not in the
power OF every master TO manumit ut will for
if it were done with an intent to defraud cred
itors, the act was void that is if the master
were insolvent Mt the time of manumission, or
became insolvent by manumission, and inten-
tionally manumittcd his slave for the purpose
of delraudng his creditors. A minor, under
the age of twenty years, could not manumit hir
slave, but for a ust cause assigned, which must
have been approved by council, consisting OF
the pret0r, five senators, and five knights, (63
In England, the mode of enfrancbising vlIcns
is said to have been thus prescribed by law
Of William the Conqueror. II any person is
willing to enranchise his sIdue, let him with
his right hand deliver the slave TO the sheriff in
full county, proclaim him exempt from tho
bond Of servitude by manumission, show him
open gates and ways, and deliver him free arms,
TO- wit a lance and sword thercupon he is "a
free man" (6i) But after that period freedom
was more generally conferred by decd, of which
Mr.. Harris in his Notes upon Justinian, has
furnished a precedent
-
(b4) 1874, Q. 1903.
(55 But herein the law Is now altered by tho act
Of 1895, Q. 2 which does not extend 10 slaves See
note ante p %
(5s) 1874, O. 1913.
b7) lbidem.
(58 SEQ Jcfforsons Notes, $50 tho Marquis dc
Chattolleux's Travels have not noted tho page
tho Law Of Rctribution by Granville Sharpe PIP l5l
1888 notes; tho Just Limitation Of Slavery, by tho
same author, p l5 note ibdem PIP. SO, so ID, APP.
pend, No. Encyclopedias; Tit. Esolayc Laws Of
Bsrbadoos &c.
90 Exod q. 81 Dout, G. Is.
(60) Ibid.
(6l) Harris's Just, in notes
(62) just Inst, Lib. D. Tit g. ID, Lib. !, Tit 8.
t63) Id, Harriss Just, In notos.
Oh Ibid.
TO Blk CONTINUED.