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
The third ground of objection which has been advanced against our main
proposition, is the doctrine said to have been decided by the Supreme
Court of the United States, (as in the case of Prigg against the State
of Pennsylvania,) that according to recognized international laws, a
nation which does not hold slaves itself is not bound to recognize
property in slaves in neighbouring nations, when those slaves come
into its borders; and that if a rendition is claimed, it must be asked
of comity, or of special stipulation, and not as of international
right. The answer is clear and facile. The States of the American
Union were, initially, as independent nations to each other; and then
they were all slaveholding. Each one of them recognized in its own
citizens the right of property in slaves; and therefore, if the above
doctrine be granted, they could not then, by international law, refuse
to recognize it in nations living at amity with them. Again: When they
passed out of this condition of absolute independence, into that of
federal union, their relations, so far as they ceased to be
international, were regulated exclusively by the constitution; and by
this constitution the property in slaves was expressly recognized, the
rendition of fugitive slaves was expressly required of all the States,
whether themselves holding slaves or not; and all the common territory
of the Union was originally slave territory until it became free
territory by sovereign State action. Plainly, in such a case as this,
the international law of Europe has no application, against historical
facts and actual constitutional enactments. The sophism of this plea
in the mouths of anti-slavery men, the uniform assertors of
consolidation doctrines, would make the States, in the same breath,
independent nations, in order that the international law of a
different hemisphere may be applied against them, and also subject
provinces of an anti-slavery nation, in order that they may be
stripped of that equality of rights, belonging to sovereign
constituent parties in a confederation.
CHAPTER IV.
HISTORY OF EMANCIPATION.
The motive for introducing the historical facts contained in this
chapter is the following: That the credit of Virginia as a
slaveholding State is relatively illustrated by the conduct of her
partners in the confederation touching the same matter. Virginia never
passed a general act of emancipation; on the contrary, she forbade
masters to free their slaves within her borders, unless they also
provided for their removal to new homes. But what was it which the
Northern States actually did? The general answer to this question
cannot be better given than in the words of the Hon. A. H. H. Stuart
of Virginia, in his Report to the General Assembly, as chairman of its
joint committee on the Harper's Ferry outrages. He says:
"At the date of the declaration of our national independence, slavery
existed in every colony of the Confederation....
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