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
difference between the theory of the Bible, and that of radical
democracy. The silence of our laws, then, concerning the marriage of
slaves, means precisely this: that the whole subject is remitted to
the master, the chief magistrate of the little integral commonwealth,
the family. Obviously, therefore, the question whether our laws were
defective therein, is in no sense a question between the living of the
slaves in marriage or in beastly license; it is only a question
whether, in the distribution of ruling functions, those of the master
were not made too large and responsible, herein. And if error be
admitted in this respect, it cannot be one which makes the relation of
servitude sinful; for then the same crime must be fixed on all the
patriarchs, notwithstanding their care in rightly ordering and
preserving, as family heads, the marital relations of their children
and slaves, because, forsooth, there happened to be no commonwealth
law above them, as patriarchs, regulative of these marriages. This is
nonsense. Where the modern patriarch, the Southern master, rightly
ordered and protected the marriage relations of his slaves, the
silence of the commonwealth no more made their connexions concubinage,
than were those of Isaac, and of Abraham's steward, Eliezer of
Damascus. What magistrate or legislature, other than Abraham, issued
their marriage license? Who else enforced their marriage law or
defined its rights? What civic agent solemnized the ceremonial for
them? And this leads to another remark: that that ceremonial is wholly
unessential to the validity of marriage. Of course, where the laws
enjoin it for any class, every good citizen will observe it. But the
absence of such ordained ceremonial does not make lawful marriage
impossible. In this sense, _consensus facit nuptias_. It was thus that
the holiest wedlock ever seen on earth was instituted, that of Adam
and Eve; thus Abraham and Sarah, Isaac and Rebekah, were united. The
fact that our laws pronounce the unions of Quakers and of Jews,
legitimate marriage, although announced with different forms, and
indeed almost without form, evinces this truth.
Public-domain text, read in full here on John Shaqi.
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