Dissertation on Slavery: With a Proposal for the Gradual Abolition of it, in the State of VirginiaTucker, St. George
History
Dissertation on Slavery: With a Proposal for the Gradual Abolition of it, in the State of Virginia
Tucker, St. George
Slavery -- Virginia
large proportion of our fellow-citizens lament that as a misfortune,
which is imputed to them as a reproach; it being evident from what has
been already shewn upon the subject, that, _antecedent to the
revolution_, no exertion to abolish, or even to check the progress of,
slavery, in Virginia, could have received the smallest countenance from
the crown, without whose assent the united wishes and exertions of every
individual here, would have been wholly fruitless and ineffectual: it
is, perhaps, also demonstrable, that at no period since the revolution,
could the abolition of slavery in this state have been safely undertaken
until the foundations of our newly established governments had been
found capable of supporting the fabric itself, under any shock, which so
arduous an attempt might have produced. But these obstacles being now
happily removed, considerations of policy, as well as justice and
humanity, must evince the necessity of eradicating the evil, before it
becomes impossible to do it, without tearing up the roots of civil
society with it.
[Footnote 17: See Jefferson's Notes, 259.--The Marquis de Chatelleux's
Travels, I have not noted the page; the Law of Retribution, by Granville
Sharpe, pa. 151, 238, notes. The Just Limitation of Slavery, by the same
author; pa. 15, note. Ibidem, pa. 33, 50, Ib. Append. No. 2.
Encyclopédie. Tit. Esclave. Laws of Barbadoes, &c.]
Having in the preceding part of this enquiry shewn the origin and
foundation of slavery, or the manner in which men have become slaves, as
also who are liable to be retained in slavery, in Virginia, at present,
with the legal consequences attendant upon their condition; it only
remains to consider the mode by which slaves have been or may be
emancipated; and the legal consequences thereof, in this
state.--Manumission, among the Israelites, if the bondman were an
Hebrew, was enjoined after six years' service, by the Mosaical law,
unless the servant chose to continue with his master, in which case the
master carried him before the judges, and took an awl, and thrust it
through his ear into the door [Exod. c. 21. Deut. c. 15.], and from
thenceforth he became a servant for ever: but if he sent him away free,
he was bound to furnish him liberally out of his flock, and out of his
floor, and out of his wine-press [Ibid.]. Among the Romans, in the time
of the commonwealth, liberty could be conferred only three ways. By
testament, by the _census_, and by the _vindicta_, or lictor's rod. A
man was said to be free by the census, "_liber censu_," when his name
was inserted in the censor's roll, with the approbation of his master.
When he was freed by the vindicta, the master placing his hand upon the
head of the slave, said in the presence of the prætor, it is my desire
that this man may be free, "_hunc hominem liberem esse volo_;" to which
the prætor replied, I pronounce him free after the manner of the
Romans, "_dico cum liberum esse more quiritum_."--then the lictor,
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