The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1859-09-21


the British Constitutions; the right of every
distinct political community-dependen Col
onies, Territories, and Provinces, as well as
sovereign States-to make their own local
laws, form their own domestic institutions
andmanage their own internal affairs in their.
own way. subject only to the Constitution OF
Great Britain as the paramount law OF the En-
pire. W a. ei i'f' '"H"i i.@'
The government of Great Britain had vio-
lated this inalienable right ofself government
by a long series of acts, on great variety OF
subjects. The first Serious point of contro-
versy arose on the slavery question as early as
1899, which continued a fruitful source of ir-
ritation until the Revolution, and formed one
of the causes for the separation Of the colo
nies from the British Crown. l-s
For more than forty years the Provincial
Legislature of Virginia had passed laws for
the protection and encouragement of African
slavery within her limits. This policy was
steadily pursued until the white inhabitants
of Virginia became alarmed for their own
safety, in view of the numerous and formda-
BILE tribes of Indian savages which surrounded
and threatened the feeble white settlements,
while ship-loads of African savages were be-
ing daily landed in their midst. In order to
check and restrain a policy which seemed to
threaten the very existence of the colony,
the Provincial Legislature enacted law i'm
posing a tax upon every slave who should be
brought into Virginia. The British merchants,
who were engaged in the African slave-trade,
regarding this legislation as injurious to their
interests and in violation of their rights, pc
titioned the King of England and his Males
ty's ministers to annul the obnoxious law and
protect them in their right to carry their
slaves into Virginia and all other British COL
onies which were the common property of the
Empire--acquired by the common blood and
treasure-and from which a few adventurers
who had settled on the Imperial domain by
his majesty's suferance, had no right to ex-
clude them or discriminate against their prop
erty by a mere Provincial enactment. Upon
full consideration of the subject the King
graciously granted the prayer of the petit
tioners; and accordingly issued peremptory
orders to the Royal Governor of Virginia, and
to the Governors of all the other British colo
nies in America, forbidding them to sign or
approve any Colonial or Provincial enactment
| injurious to-the African Slave-Trade, unless
| such enactment should contain a clause sus-
pending its operation until his Majesty's plea
sure should be made known in the premises.
| Judge Tucker, in his appendix to Black
/ stone, refers to thirty one acts of the Pro-
vincial Legislature of Virginia, passed at va
rious periods from 1862 to l772, upon the
subject OF African slavery, showing conclu-
sively that Virginia always considered this
as one of the questions affecting her einternal
! polity," over which she, in common with the
other colonies, claimed "the right of exclusive
Legislation in their Provincial Legislatures
within their respective limits. Some of these
acts particularly those which were enacted
prior to the year 1899, were evidently intend
ed to foster and enc ourage, as well as to, regu-
late and control African slavery, one of the
domestic institutions of.AAe colony. The act
of 1899, and most of the enactments subse
lquent to that date, We're as obviously designed
to restrain and check the growth of the insti
futon with the view of confning it within the
T limit of the actual necessities of the ,commu
: nifty, or its ultimate extinction, as might be
deemed most conducive to the public interests
by q system of unfriendly legislation, such as
imposing a,taX on all slaves introduced into
the colony, which was, increased and and re-
newed from time to time, as occasion required
until the period of the Revolution. Many o.
thse acts never took effect, in consequence o.
| the King Withholding his assent, even aftel
the Governor had approved the enactment
| in cases where it contained a cluse suspend
ing its operation until his Majestys pleasure
. should be made known in the premises.
! In 1772 the Provincial legislature of Vir
d, ginia, after imposing another tax of five PEE
cent. ON all slaves imported into the colony
, petitloned the King to remove all those re-
l straints which prohibite his Majesty's Gov
ernors asserting to such laws as might checl
so very pernicious commerce as slavery. o
Y this petition Judge Tucker says: aialp.as .
], ssThe following extract from a petition t.
5 the Throne, presented from the House of Bur
a gesses of Virginia, April lst, 1772, will SHOW
t the sense of the people of Virginia on tn
f subject q aavery at that period. ..e'i.t
- the Importation ofslayss into the colon,
5 from the coast of Africa hath long been con
= Esidered as a trade of great inhumanity; ant
under its present encouragement we have to-
= much reason to fear will endanger the yer,
, existence Of your Majestys American domin
t iOns,'" .Ha .f yaer
Mark the ominous words Virgins
|, tells the King of England in 1872, fou
. years prior to the Declaration of Inde
9 pendence, that his Majesty's American
dominions are in danger: Not because
: of the stamp duties--not because of tn
tax on mot because of his attempt
t to collect revenue in America J. Thes
9 have since been deemed sufficient to justif
rebellion and revolution. But none, o
: these are referred to Virginia in her ad
: dress to the Throne--there being anothe
S wrong which, in magnitude and enormfty
so far exceeded these and all other cause
!. of complaint that the very existence q
d his majesty's American dominions depend
e ed upon it That wrong consisted i
: forcing African slavery upon dependen
! colony without her consent, aud in oppo
Z sition to the wishes of her own people ! l
Z THE people of Virginia at that day di
not appreciate the force of the argumen
: used by the British merchants who wer
e engaged in the African slave trade, an
y which was afterward ndorsed, at least b
a implication, by the King and his Minis
: ters; that the colonies were the commo
II property of the Empire-acquired by th
> common blood and treasure--and there
y fore all British subjects had the right
n carry their slaves into the colonies an
= hold them in defiance of the local law an
e in contempt of the wishes and safety
% the colonies gg.g9f2 aai d, ass aE
:, 10 The people of Virginia not being cor
! vinced by this process of reasoning, sti