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

ing or carrying any gun, powder, shot<auo;,
or other weapon, offensive or defensive, W.
Resistance to white person, IN any case, was
formerly, and now in any case except wanton
assault on the negro or mulstto, is punishable
by whipping (2O.) No negro or m9istto can
be witness in any prosecution or clvli SUI. III
which white person is party, (2l:) free
negroes. together with slaves, were formerly
denied the benefit of clergy in cases where IL
was allowed to white persons; but they are
now upon an equal footing as to the allowance
of clergy. (22) Emancipated negroes may be
sold to pay the debts Of their former master
contracted before their emancipation; and they
may be hired out to sstisty their taxes, where
no sufficient distress can be had. Their chill
dren are to be bound out apprentices by the
oversecrs Of the poor. Free negroes have all
the advantages in capital cases which whte
men are entitled to, except trial by jury Oh
their own complexion; and slave SUNG Ior
his freedom. shall have the same privilege
Free negroes residing or employed to labor 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 me
upon the person employing or harborlng them,
and imprisonment of the negro, (23 Ihe
migration Of free negroes or mulattoes 10 TINS
State is also prohibited; and those who DO mi
crate hither may be sent back to the place
] from whence they came, ga ANY person,
not being a negro, having One-t0urtn or more
negro blood in him, is de ,med mulatto. The
law formerly made no other distinction be-
tween negroes and mulattOes, whether slaves
or freemen But now the act Of 1896, c. :,
which abolishes the punishment OF death, ex-
cent in case of murder, in all cases where any
free person may be convicted, creates most
important distinction in their fayor-slaves not
being entitled to the same benefit. These IN
capacities and disabilities are evidently the
fruit of the third species Of slavery OF which 1t
remains to speak; or, rather, they are scions
from the same common stock; which is
3. That condition in which one man is sub
iect to be directed by another in all his ac-
tions: and this constitutes state of domestic
dauerp to which state all the incapacities and
disabilities of civil slavery are incident with
the weight of other numerous calamities super
added thereto. And here it may be proper to
make short inquiry into the origin and found
alton of domestic slavery in other countries,
previous to its fatal introduction into this
Slaves, says Justinan, are either born such
or become So l25) 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 &C
customed to preserve and not to destroy them
or by the civil law which happens when 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 COmmenta-
res on the Laws of England thus combats the
reasonableness of all these grounds: (26) "The
conqueror," says he, according to the civil
ians had a right to the life of bis captive; and
having spared that, has a right to deal with
him as he pleases But it is an untrue posi-
ton, when taken generally, that, by the law OF
nature or nations, man may kill his enemy
He has right to kill him only in particular
cases-in cases Of absolute necessity for self
defence; and it is plain that this absolute ne
cessity did not subsist, since the victor did not
actually kill him, but made him prisoner.
War itself is justifable only on principles of
self.preservatOn and therefore it gives no
other right over prisoners, but merely to disable
them from doing harm to us by confirming their
persons; much less can it give right to kill,
torture, abuse, plumber, or even to enslave, an
enemy, when the war is over. Since, therefore,
the right of making slaves by captivity de-
ponds on supposed right Of slaughter, that
foundation failing, the consequence drawn
from it must fail likewise. But, secondly, it is
said slavery may begin jure ciu,li-when one
man sells himself to another. This, if only
meant of contracts to serve or work Tor an
other, 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 prce--a 9uid pro 9uo--an equiv
alent 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 mas
ter's disposal His property also, the very
price he seems to receive, devolves lpSo Jdcto
to his master, the instant he becomes a slave.
In this case, therefore, the buyer gives nothing
and the seller receives nothing OF what va
ldty, then, can 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 mas
cuntury'' the children of acquired slaves are,
juve naturG,' by a negative kind of birth
right slaves also. But this, being built on the
ttco former rights must foil together with them.
If neither captivity nor the sale of ones self
can, by the law Of nature and reason reduce
the parent to slavery, much less can they re-
duce the offspring" Thus, by the most clear,
mainly, and convincing reasoning does this ex,
cellent author refute every claim upon which
the practice of slavery is founded, or by which
it has been supposed to be justfed-at least, in
modern times, (27) But were we even to ad
nit that caphve, taken in just acdr, nigh
by his conquerOr be reduced to state o
slavery, this could not justify the claim o
Europeans to reduce the natives of Africa t.
that state 1t is melancholy though well
known fact, that, in order to furnish supplies o
these unhappy people for the purposes of tn
slave trade, the Europeans have constantly, b,
the most insidious q had almost said Internal
arts, fomented kind of perpetual warfar
among the ignorant and miserable people o
Africa and instances have not been wanting
where by the most shameful breach of faith
they have trepanned and made slaves of tn
sellers as well NJ the sold (2S) That sucl
horrid practices have been sanctioned by
civilized nation; that a nation ardent in tn
cause of liberty, and enjoying its blessings il
the fullest extent, can continue to vindicatc
right established upon such q foundation tina
people who have declared THAT all men ar
by nature equally (29) free and Independent,
and have made this declaration the first articl
in the foundation of their government, should
in defiance of so sacred n truth, recognised b
themselves in 30 solemn manner and on :
important an occasion, tolerate practice in
! compatible Herewith, is such an evidence c
the weakness and Inconsistency of human
nature as every man who hath q spark &
patriotic fire in his bosom must wish TO zee r,
moved from his own country If ever ther
) was cause, if ever an occasion, in which q
hearts should be united, every nerve strained
and every power exerted, surely the restoratio
} of human nature to it's unalienable right
such. Whatever obstacles, therefore, ma
hitherto have retarded the attempt, he thu
can appreciate the honor and happiness Of b
country will think it time that we should a
tempt to surmount them
foA In 4 'T;t 2 sc,,;or