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
it may, it legislates nothing for or against slavery.
But it is too clear to be disputed, that the enslaved African race
were not intended to be included, and formed no part of the people who
asserted their rights in this Declaration. The evidence is, that if
the men who framed it had intended to refer to African slavery, they
would have completely stultified themselves. For the majority of them,
and of the States which they represented, continued to hold Africans
in bondage just as before. A few years after, the same men met in
federal convention, and framed the late constitution of the United
States; by which property in slaves was protected and perpetuated as
before, and traffick in Africans was prolonged until 1808, and made
subject of taxation like other merchandise. The States which were
emancipating their own Africans, equally with those which retained
them in bondage, retained their laws prohibiting the marriage of
Africans with whites.[64] Connecticut, until 1796, prohibited free
negroes from travelling beyond their township without a pass. New
Hampshire, and Congress itself, precluded negroes from serving in the
militia.[65] The Declaration of Independence was therefore intended by
its framers to assert the liberties of civilized Americans and
Englishmen, and not of African barbarians held in bondage. Whether
their consistency therein can be defended, is a separate question, to
which attention will be given in the proper place. But all publicists
are agreed, that the meaning of a document is the document; and that
this meaning is to be ascertained by the intentions of those who
frame and adopt it.
[Footnote 64: Law of Massachusetts, 1786, reënacted 1836. Rhode
Island, Laws of, 1822 and 1844.]
[Footnote 65: Code of New Hampshire, 1815. Acts of Congress, 1792.]
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