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
Anti-slavery men often talk as though the right of slave parents to
the controul and education of their children, were so indefeasible and
native, that it is a natural wrong to permit the authority of the
master over them to override that of the parents. This we utterly
deny. We have the authority of Locke himself for saying that the
parental authority is correlative to the parental obligation to
preserve and train the child; that it is, therefore, not indefeasible;
that if the father is clearly incompetent to or unwilling for his
duty, his authority often is, and of right ought to be, transferred by
society to another. When, therefore, the civilized master uses his
authority against and over that of the semi-civilized, or savage
parent, to train the slave child to habits of decency, industry,
intelligence, and virtue, which his degraded natural guardians are
unable or unwilling to inculcate, he does no crime against nature, but
an act just and beneficent.
The most odious part of this charge is, that slavery made the chastity
of the female slave the property of her master. We meet this with an
emphatic denial. It is false. The laws of Virginia protect the virtue
of the female slave by the very same statute which shields that of the
white lady, even against her own master. The law of rape, until 1849,
used these words:[86] "If any man do ravish _a woman_," &c. The act of
1849 used the words:[87] "If any white person do carnally know _a
female_ of the age of twelve years or more, against her will, by
force, or carnally know _a female child_, under that age," &c. (If the
ravisher were a negro the penalty was different.) The question is,
whether the words "_a woman_," and "_a female_," were intended to
include coloured persons and slaves. The answer uniformly given by
Virginian lawyers to this question is affirmative. They say that the
terms are the most general in our statutory vocabulary. The law of
1849, just quoted, clearly implies that the terms "a female," in § 15,
are inclusive of coloured females, by expressly introducing the word
"white," "a white female," in § 16, when its purpose was to enact a
special penalty for the forcible abduction of that class. The General
Court has held that _female_ is synonymous with _woman_,[88] and may
be substituted for it even in an indictment. Is it asked, why the
appeal is not made to judicial decisions, as conclusive authority of
the true intent of the statute? We have caused a thorough search to be
made by the most competent authority in Richmond; and while many
indictments are found against black men for rape of white women, none
exist, in the history of our jurisprudence, against white men for rape
of black women. And this, not because there would have been any
difficulty in making the indictment lie: _but because_, as the most
experienced lawyers testify, _the crime is unheard of on the part of
white men amongst us_.
[Footnote 86: Code, 1819, p. 585, Ch. 158.]
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