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 wrote Mr. Stuart, after thorough research. A brief recital of the
enactments of the Northern slaveholding States will show that his
general representation is correct. We begin with Massachusetts. No law
against slavery, (which had been long legally established in the
colony,) was ever passed by her legislature;[69] and in that sense,
the right to hold slaves may be said to have formally existed, until
it was extinguished by her adoption of the "constitutional amendment,"
in 1866! Practically, slavery was gradually removed after 1780, by the
current of the legal decisions against it, grounded upon a clause in
the new bill of rights, adopted by the State in that year. This
clause asserted, nearly in the words of the Declaration of
Independence, the native equality and liberty of men. In 1781 a slave
of N. Jennison, of Worcester County, recovered damages of his master
for beating.[70] This decision, if sustained, of course implied the
cessation of slavery. Although the Legislature of the State was moved
in 1783, by this Jennison and others, to declare that slavery did not
exist legally, so that the doubt might be ended, that body refused to
act; nor did it ever after abolish slavery.[71] But judicial decisions
after the example of the Jennison case were made from time to time,
until, in 1796, the Supreme Court of Massachusetts, in the case of
Littleton _v._ Tuttle,[72] gave its countenance to the doctrine, that
the bill of rights virtually made slavery illegal. That all this was a
glaring instance of the judicial abuse, _ampliandi jurisdictionem_, is
manifest from many facts: That the Massachusetts statesmen who adopted
the same proposition in the Declaration of Independence, never dreamed
of its possessing any force to abolish slavery in the United States
which set it forth: That the convention which drew up the bill of
rights for Massachusetts did not think of such an application; That
this document declared "no part of any citizen's property could be
taken from him without his own consent:" That slaves continued to be
bought and sold, and advertised as before; And that the abolitionists,
still in the minority, continued after 1780 to remonstrate against
slavery as a sin still legalized. But such a mode of determining the
question was well adapted to the meddlesome and crooked temper of that
people. By this judicial trick the envious non-slaveholders were
enabled to attack their richer slaveholding neighbours, and render
them so uneasy as to insure their disposing of their slaves; while
still there was neither law nor publick opinion prevalent enough to
procure a legal act of emancipation.
[Footnote 69: Moore, Slavery in Mass., p. 242.]
[Footnote 70: Moore, Hist. of Slavery in Mass., p. 212.]
[Footnote 71: Ibid., p. 216, etc.]
[Footnote 72: Chief Justice Parsons, Mass. Rep., 4, Winchedon _v._
Hatfield.]
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