The national era. [volume] (Washington [D.C.]) 1847-1860, 1853-10-27


Federal and State Conventions lchich framed
and ratified the Constitution of the United
Stales-tho0 trhick occurred an the first Con-
grc,yss iohich sat during the Administration
Of General IVdShington-dnd extracts from
the Debate an the Virginia Legislature IN
1882 ,cih U1rious letters, judicial decisions &c
By DANIEL r. GooDLoE, OF NORTH CAROLINA.
On THE STATE OF SLAVERY IN VIRGINIA
CONTINUED.
Civil or rather social, rights, we may re
member are reducible to three primary heads
the right OF personal security, the right of per
sOnGl liberty, and the right OF private property
In state Of Slavery, the two last are wholly
abolished, the person Of the slave being at thu
absolute disposal Of his master aud property
what he is incapable, in that state, either o
acquiring or holding TO his own Use. Hence j
will appear how perfectly irrecOncilable stat
Of Slavery is to the principles of Democracy
which form the basis and foundation of ou'
Government for our Bill Of Rights declares
That all men are, by nature, equally free an'
independent, and have certain rights Of which
they cannot deprive or diyCoJ their posterlty-
namely, the enjoyment Of life and liberty will
the means Of occurring and possessing proper
tn" This iS indeed, no more than d recogni
ton of the first principles Of tho law OF nature
which teaches us this equality, and enlOlns
every man, whatever advantages he may pos
sess over another as 10 tho various qualities OF
cndowmcnts of body or mind, 10 practice he
procep's OF tho Law of nature to those who are
in these respects his interiors, no less than II
enipins his Interiors to practice them towards
h'm. Since no has no more right to insult
them than they have to injure hm-nor does
the bare uhkiEdHeSS ot nature or Of fortune
condemn a man to Il lcorSe condition than 9TH
ers, "a to the enjoyment Of common pryi-
leges (26l--it would bc hard to reconcile redu-
eng the negroes TO "A state Of Slavery 10 these
principles unless We first degrade them below
the rank Of human beings, not only politically,
bot also physically and morally. The Roman
lawyers look upon those only properly as per
sons who are free, putting siareS into the rank
of go0dS and chGtteiS,' and the policy OF cur
Legislature, as we'll as the practice of slave
holders IN America in general seems conform
able to that idea But surely it is time we
hould admit tho evidence of moral truth, and
learn to regard them as our fellOw-men and
squalls, except in those particulars where acct
dent or possibly nature, may have given u-
some advantage--a recompenss for which they,
perhaps, ENJOY IN other respects.
Slavery, says Hargrave, always imports an
obligation of perpetual service, which only the
consent Of the master can dissolve: it also gen
orally gives to tho master an arbitrary power
of administering every sort of correction, how
ever inhaman. not Immediately affecting life
or limb, and even these in some cOuntries---as
formerly in Rome, and at this day among the
Asiatlcs and Atrcans-are left exposed 20 the
arbitrary will OF q master, or protected only by
fines, or other slight punishments The prop
erty of the slave, also, ls absolutely tho prop
erty Of his master the slave himself being the
subject of property and as such saleable or
transmissihle at the will of his master a
slavery 70 malignant az that here described
does not leave 20 it's wretchcd victims the least
yestige Of any civil right, and even diyests them
OF all their natural rights. 1t does not how
ever, appear that the rigors Of Slavery in Thu
country were ever az great as tho'e above de-
scribed; yet it must be confessed that at times,
they have fallen very little short Of them.
The first severe law respecting slaves nov
to be met with in our code, is that Of 1869, al
ready mentioned which declared that the
death OF slave resisting his master or other
person correcting HIM by his order hGppeni8g |
by the extremity Of the correction should not be
accounted felony. The alterations which this |
law underwent, III three successive acts l27( |
were by no means calculated etieCtually t.
mitigate Its severity IL seems rather to have
been augmented by the act Of 1928, which de
olared that II person indicted for the murder
OF slave aud found guilty of granddaughter,
should not incur any punishment for the same,
1881
All these acts were at length repealed in
1888 (29) 40 that homicide Of slave stands |
now upon the same footing az in the case Of !
any other person. In 1912 it was declared |
lawful Tor any person pursuing any runaway
negro, mulattO, Indian slave or servant for life,
by virtue Of an hue and cry, to kill them in
case OF resistance, without being questioned for
the same, 1907 few years afterwards, this |
aS was extended to persons employed 10 dpprC- |
head rundlCdyS, (3l) In 1905, these acts I'M
derwent some sma'l alteratlons--two justices |
being authorized by proclamation to Outiaw |
runaways, who might thereafter be Killed and |
destroyed by any person whatsoever, by such |
1cdyS and means az he may think fit, without |
accusation or impeachment of any crime for 70
dong, (32 And IT any such slave were ap |
pretended, he might be punished at the dis |
cretIon OF the County Court, either by diSmem
6eriHg, OF IN any other manner not touching |
NE. The inhuman rigOr OF this act was after |
wards 1897 extended 30 the vCnial offence OF |
gong abroad by night if the slave was noto- |
rouSiy guilty Of it. Such are the cruelties to
which state OF Slavery gives birth such are
the horrors to which the human mind is capa-
bic OF bong rcconciled, by its adoption. The
dawn OF humanity at length appeared, in tho
year 1863, when the power of Remembering,
even under the authority of n county court,
WAS restricted TO the single offence Of attempt
ing to ravsh whIte woman, (3i) in which
case, perhaps the punishment is not more than
commensurate IN the crime. In 1772, some
restraints we're LAID upon the practice OF out
having slaves requiring that it should appear
IN the Mt5Jdct,on of the justices that tho slaves
were outlying and dong mischief 1851 Thee
looso expressions of the act left too much in the
discretion of men not much addicted 10 weigh.
ing their import la 1892, everything relative
To the Outlhwry OG slaves was erpunged from
our code, l36l and. | trust, will never a gain find
place IN It BY the act of 1870, negro,
mulntto, or Indian bond OF free, prcsuming to
lift his hand in opposition TO any Christian,
should receive thirty lashes on his bare back,
for every offence (37) Tho same act prohibit.
ed slaves from carrying any club, staff gun
sword, or Other weapon, offensive or defensive
This WAS afterwards extended to all negroes
,nulattoes, and ludians, whatsoever, with few
exceptions IN favor # housekeepers, rcsident
on a frontier plantation, and such NJ were en-.
listed in the militia, (3s) Slaves, by thcsc and
ether acts, (39) are prohibited from going
abroad without leave in writing from thei,
masters, and il ttcy do, they may be whipped
any perfon suiserins "a slaye to remain on hi
plantation f,r four hours together, or dealing
with him, without leave in writing from In
master, is subject to q fine A runaway slav,
may DO a3prohended and committed to Jail
and if not claimed within three months, (bc ~
FIRST advertised ho shall DO hired out having
an iron collar first put about his neck and il
not claimed within year, shall DO sold, (iO
These provisions were, in general re enact ed