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
First. When the federal government was formed, all the family of
European nations was slaveholding; and they all alike held the
Africans as unquestioned and legitimate subjects of bondage. The slave
trade was held by publick law as legitimate as the trade in corn. It
was the subject of treaty stipulations between the several powers; and
slave trading companies were formally chartered and protected by all
the leading powers. Slaves were declared by the English judges to be
merchandise.[45] They were universally held legal prize of war when
taken on the high seas.[46] They were recognized subjects of
reclamation in forming and executing treaties. Thus, not to go outside
of our own history, we find General Washington, in 1783, by order of
Congress, remonstrating with the British commander evacuating New York
city, because certain officers of the retiring forces carried away
with them the fugitive slaves of American citizens; and the latter was
compelled to surrender the attempt, as an unauthorized spoliation of
property.[47] In 1788, the Government of the United States claimed of
Spain the return of fugitive slaves from the Spanish colony of
Florida;[48] and our government promised, in return, the rendition of
Spanish slaves found in the United States. It is well known that the
treaty of the United States with Great Britain, negotiated by Mr. Jay,
and ratified by President Washington, and the treaty of Ghent, in
1815, both secured indemnities for slaves of American citizens
abducted during the two wars; thus treating them as property under the
protection of national law in America, and of the law of nations. In
face of this array of facts, we boldly ask, with what face it can be
asserted that slavery was not recognized by international law? Whether
it is not as consonant with the law of nature as of nations, will
appear at another place.
[Footnote 45: Bancroft, vol. iii., p. 414.]
[Footnote 46: Moore's Hist. of Slavery in Mass., p. 162.]
[Footnote 47: Justice Campbell, in Howard, 19th, Dred Scott Case.]
[Footnote 48: Idem.]
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