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
correctly or not is no concern to us in this argument) to be
incidental to his property in the servant's labour; and no more.
Third, they protect the person, being, and moral responsibility of the
slave against his own master. If the master kills him, it is murder,
by the law. The slave's Sabbath is secured to him by the law. If the
master force him to commit a crime, the former is held by the law
guilty therefor, as accessory before the fact: and the latter is also
held to his personal responsibility for it. And last, the law treats
the slave so fully as a rational and responsible human, that it even
bestows on him the right of litigation against his own master, in one
case. Any African setting up a plea of unlawful detention in bondage,
against his master, is allowed to sue _in forma pauperis_, in the
courts of law. How could the fact be more clearly defined, that the
institution of slavery treats the slave as a rational human being, and
gives the master property in nothing but his labour?
Yet Senator Sumner points triumphantly to the words of the South
Carolina statute as proving that slavery makes the servant a mere
thing; and all smaller Abolitionists have caught up his special
pleading. The cane of Mr. Brooks having given him, as it seems, a
special taste for things South Carolinian, he hunted up a clause where
the law of that State declares, that slaves and their children shall
be held in every respect as "chattels personal." This proves beyond a
peradventure, he says, that the law reduces the slave to a mere thing,
as though he were an _ox_ or _bureau_. Yet, a hundred other laws of
South Carolina treat him as a responsible man! Any honest mind will
perceive the explanation, at once; which is, that the lawyers of South
Carolina were not aiming, in this law, to settle the question of the
moral nature of slavery; but to decide whether property in a slave
should be regarded as pertaining to the _real_, or to the _personal_
estate of a citizen; and in deciding it, they very properly had more
regard to legal perspicuity than to ethical accuracy of definition.
Let us suppose that among the statutes of the British Parliament,
there should be one (as there very probably is) declaring that when a
master mechanic dies, having an indentured apprentice, the unfinished
term of service of this apprentice should be held as belonging to his
personal effects, and should be so used for the benefit of his heirs
or creditors. And let us suppose, farther, that in defining this fact,
some such words as these should be used: that said apprentice should
be held in every respect, as pertaining unto the personal estate of
the deceased. Then, the same logic would prove that the British laws
reduce an apprentice to a mere chattel! But we have a better
illustration of its folly. God says, Genesis xxvi. 14: "Isaac had
_possessions_ of flocks, and herds, and servants." Leviticus, xxv. 45:
"Of the children of strangers that do sojourn among you, of them
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