Dissertation on Slavery: With a Proposal for the Gradual Abolition of it, in the State of VirginiaTucker, St. George
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Dissertation on Slavery: With a Proposal for the Gradual Abolition of it, in the State of Virginia
Tucker, St. George
Slavery -- Virginia
Slavery, says Hargrave, always imports an obligation of perpetual
service, which only the consent of the master can dissolve: it also
generally gives to the master an arbitrary power of administring every
sort of correction, however inhuman, not immediately affecting life or
limb, and even these in some countries, as formerly in Rome, and at this
day among the Asiatics and Africans, are left exposed to the arbitrary
will of a master, or protected only by fines or other slight
punishments. The property of the slave also is absolutely the property
of his master, the slave himself being the subject of property, and as
such saleable, or transmissible at the will of his master.--A slavery,
so malignant as that described, does not leave to its wretched victims
the least vestige of any civil right, and even divests them of all their
natural rights. It does not, however, appear, that the rigours of
slavery in this country were ever as great, as those above described:
yet it must be confessed, that, at times, they have fallen very little
short of them.
The first severe law respecting slaves, now to be met with in our code,
is that of 1669, already mentioned, which declared that the death of a
slave _resisting_ his master, or other person correcting him by his
order, _happening by extremity of the correction_, should not be
accounted felony. The alterations which this law underwent in three
successive acts [1705. c. 49. 1723, c. 4. 1748. c. 31.], were by no
means calculated effectually to mitigate its severity; it seems rather
to have been augmented by the act of 1723, which declared that a person
indicted for the murder of a slave, and found guilty of _manslaughter_,
should not incur any punishment for the same.[16]
[Footnote 16: In December term 1788, one John Huston was tried in the
general court for the murder of a slave; the jury found him guilty of
manslaughter, and the court, upon a motion in arrest of judgment,
discharged him without any punishment. The general assembly being then
sitting, some of the members of the court mentioned the case to some
leading characters in the legislature, and the act was at the same
session repealed.]
Public-domain text, read in full here on John Shaqi.
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