A Defence of Virginia: And Through Her, of the South, in Recent and Pending Contests Against the Sectional PartyDabney, Robert Lewis
History
A Defence of Virginia: And Through Her, of the South, in Recent and Pending Contests Against the Sectional Party
Dabney, Robert Lewis
Slavery -- Justification; Slavery -- United States; Slavery -- United States -- History; Slavery -- Virginia
The laws of Virginia were equally just and careful in protecting the
liberty of every person not justly held to bondage. The stealing or
kidnapping of any human being with the purpose of selling him into
slavery, is a felony, punishable by imprisonment in the penitentiary
not less than three, nor more than ten years.[84]
[Footnote 84: Code of Va., 1849, Chap. 191, § 17. The same may be
found at its appropriate place in the Code of 1860, which is little
more than a reprint of the Code of 1849.]
Any coloured person whatsoever, conceiving himself to be unlawfully
detained in bondage, may apply to any justice of the peace, or county
or circuit superior court, to enter a suit for his freedom. There is
not, within the lids of the Virginian code, another statute, so
generous, so careful, so tender, so watchful, in protecting every
possible right of a plaintiff, as this law enabling the slave,
unjustly detained, to sue out his freedom. First, it compels every
magistrate, of every grade, and every court, of every grade, to
hearken to the cry of the supposed oppressed man, and to take
effectual steps to secure him release, if just. Next, it instantly
takes the claimant out of the hand of his nominal master, and assigns
him protection and maintenance, during the pendency of his claim.
Next, it provides counsel, and all costs of suit for the oppressed
man, at publick expense. Next, it orders that his case shall have
precedence of all other cases, before whatever court he may select, at
its first sessions, irrespective of its place on the docket. And last,
if the claim to freedom be found just, the court is empowered to give
him damages for his detention pending the suit.[85]
[Footnote 85: Code of Va., 1849, Chap. 106.]
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