A Defence of Virginia: And Through Her, of the South, in Recent and Pending Contests Against the Sectional Party — John Shaqi
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
That African slavery was the universal law of the British colonial
empire, is equally plain from the facts already given concerning the
legalizing of the slave trade. The treaty of Utrecht secured to
Britain a monopoly of that traffick. The Parliament chartered the
African Company, with the right to trade in slaves to all the
colonies. The Parliament then by statute threw the trade open to all
British subjects. The Parliament, by express law, made the property in
slaves held in the colonies subject of action in English courts. The
Solicitor-General, with Chancellor after Chancellor, decided that
residence in England did not emancipate the slave upon his return to
his colonial home. The General Court of Massachusetts enacted the same
rule, as did the Burgesses of Virginia, again and again; and were
never disallowed therein by the king. Even so late as 1827, fifty-five
years after the Somersett case, Lord Stowell decided, in the case of
the slave Grace, from Antigua, that on her return to the colony, her
condition as a slave for life was fully revived.[56] And in the
correctness of this decision, we find Mr. Justice Story
concurring.[57]
[Footnote 56: 2d Haggard, p. 94.]
[Footnote 57: Letter to Lord Stowell.]
The argument then is, that at the American Revolution all the
territory claimed by the thirteen colonies was, by the law of the
Empire, and of nations, slaveholding territory. The colonies, in
assuming their independence, brought away the rights and institutions
which they had inherited as colonial parts of that empire; and
whatever prescriptive right was not expressly changed by law, was
universally held to survive, as of course. Hence all the territory of
the American Union was slave territory; and the only mode by which any
part became non-slaveholding, was by the exercise of State sovereignty
enacting a _lex loci_, which was only operative within the bounds of
the State itself.
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