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
[Footnote 44: Journal do Commercio, (Rio,) May 26, 1856.]
But one more fact remains: When the late Confederate Government
adopted a constitution, although it was composed exclusively of
slaveholding States, it voluntarily did what the United States has
never done: it placed an absolute prohibition of the foreign slave
trade in its organic law.
CHAPTER III.
LEGAL STATUS OF SLAVERY IN THE UNITED STATES.
It has been a favourite and persistent assertion of Abolitionists,
that slavery in America was an exceptional institution, and contrary
to the law of nature and nations. They represent it as owing its
existence solely to the _lex loci_ of the States where it was
legalized by their own legislation; and hence they draw the
conclusion, that the moment a slave passed out of one of these States
into a free State, or into the territories of the United States, his
bondage terminated of itself. Hence, also, they argue that
slaveholders had no right to the protection of that species of
property in the territories, which were the common possession of the
citizens of all the States; and that the federal government could not
properly permit the growth of, or recognize, new slave States. Their
party cry was: "Freedom is national; slavery is local." It is plain
that this proposition is the premise necessary to all the above
assumptions. It will now be shown that this proposition is untrue.
Slavery in the United States, instead of being the mere creature of
_lex loci_, was founded on a basis as broad as that of the American
Union, was in full accordance with the law of nature and nations as
then recognized by the States and the federal government, and had
universal recognition by the force of general law. The exclusion of
slavery from any State was legally the exception, owing its validity
purely to the _lex loci_, and to the recognized sovereignty of the
States over their own local affairs. Hence, the rights of slaveholders
stood valid, of course, in all the common territories of the United
States, and everywhere, save where the sovereignty of a
non-slaveholding State arrested them within its own borders. This
representation is established by the following facts:
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