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
Among the Romans, the _libertini_, or freedmen, were formerly
distinguished by a threefold division [Just. Inst. lib. 1. tit. 5.].
They sometimes obtained what was called the greater liberty, thereby
becoming _Roman citizens_. To this privilege, those who were
enfranchised by testament, by the census, or by the vindicta, appear to
have been alone admitted: sometimes they obtained the lesser liberty
only, and became _Latins_; whose condition is thus described by
Justinian. "They never enjoyed the right of succession [to
estates].--For although they led the lives of free men, yet with their
last breath they lost both their lives and liberties; for their
possessions, like the goods of slaves, were detained by the manumittor
[Harris's Inst. lib. 3. tit. 8.]." Sometimes they obtained only the
inferior liberty, being called _dedititii_: such were slaves who had
been condemned as criminals, and afterwards obtained manumission through
the indulgence of their masters: their conditions was equalled with that
of conquered revolters, whom the Romans called, in reproach, _dedititii,
quia se suaque omnia dediderunt_: but all these distinctions were
abolished by Justinian [Inst. lib. 1. tit. 5. s. 3.], by whom all freed
men in general were made citizens of Rome, without regard to the form of
manumission.--In England, the presenting the villein with _free arms_,
seems to have been the symbol of his restoration to all the rights which
a feudatory was entitled to. With us, we have seen that emancipation
does not confer the rights of citizenship on the person emancipated; on
the contrary, both he and his posterity, of the same complexion with
himself, must always labour under many civil incapacities. If he is
absolved from personal restraint, or corporal punishment, by a master,
yet the laws restrain his actions in many instances, where there is none
upon a free white man. If he can maintain a suit, he cannot be a
witness, a juror, or a judge in any controversy between one of his own
complexion and a white person. If he can acquire property in lands, he
cannot exercise the right of suffrage, which such a property would
confer on his former master; much less can he assist in making those
laws by which he is bound. Yet, even under these disabilities, his
present condition bears an enviable pre-eminence over his former state.
Possessing the liberty of loco-motion, which was formerly denied him, it
is in his choice to submit to that civil inferiority, inseparably
attached to his condition in this country, or seek some more favourable
climate, where all distinctions between men are either totally
abolished, or less regarded than in this.
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