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
Thus it appears that England was itself slave territory, at the time
the thirteen colonies, declaring their independence, brought away her
laws and institutions. But our argument of this fact is _ex
abundantia_; it may be waived, and still our conclusion holds,
because, by existing laws, all the plantations and colonies of England
in America were then, yet more indisputably, slave territory. No
stronger proof of this proposition can be imagined, than the manner in
which slavery was planted in these communities. Not only were all the
thirteen colonies, and all the West India plantations, slaveholding;
but it required no statute, either of Parliament or of colonial
legislature, to introduce African slavery, or to establish the right
of the owner, because it was already established by imperial law and
usage. The first negroes were bought in Virginia in 1620; the first
act touching their bondage was passed by the Burgesses in 1659; and
this does not enact their slavery, but recognizes it as existing. It
was not until 1670,[53] that any law was passed which expressly
enacted their slavery. But for fifty years they had been unquestioned
slaves, had paid impost duty as such, had been bought and sold, had
been bequeathed, had been subject of suits. By what law? Obviously by
the general law of the British Empire, and of nations. The manner of
the introduction of slavery into Massachusetts was the same. "The
involuntary servitude of Indians and negroes in the several colonies
originated under a law not promulgated by legislation, and rested upon
prevalent views of universal jurisprudence, or the _law of nations_,
supported by the express or implied authority of the Home
Government."[54] But the "canny" Puritans, more careful than the
Virginians to fortify their slave property, enacted slavery of both
classes, in their earliest codes of laws, 1641 and 1660.[55]
[Footnote 53: Hening, Stat. at Large, vol. ii., p. 283.]
[Footnote 54: Hurd, Law of Freedom and Bondage, § 216, i., 225.]
[Footnote 55: Moore, Slavery in Mass., pp. 12, 15.]
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