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 a well informed writer [Hargrave's case of Negroe
Somerset.] on the subject, has been attended with circumstances so
various in different countries, as to render it difficult to give a
general definition of it. Justinian calls it a constitution of the law
of nations, by which one man is made subject to another, contrary to
nature [Lib. 1. Tit. 3. Sect. 2.]. Grotius describes it to be an
obligation to serve another for life, in consideration of diet, and
other common necessaries [Lib. 2. c. 5. Sect. 27]. Dr. Rutherforth,
rejecting this definition, informs us, that perfect slavery is an
obligation to be directed by another in all one's actions [Lib. 1. c.
20. pa. 474.]. Baron Montesquieu defines it to be the establishment of a
right, which gives one man such a power over another, as renders him
absolute master over his life and fortune [Lib. 15. c. 1.]. These
definitions appear not to embrace the subject fully, since they respect
the condition of the slave, in regard to his _master_, only, and not in
regard to the _state_, as well as the _master_. The author last
mentioned observes, that the constitution of a state may be free, and
the subject not so. The subject free, and not the constitution of the
state [Lib. 12. c. 1.]. Pursuing this idea, instead of attempting a
general definition of slavery; I shall, by considering it under a
threefold aspect, endeavour to give a just idea of its nature.
I. When a nation is, from any external cause, deprived of the right of
being governed by its own laws, only, such a nation may be considered as
in a state of _political slavery_. Such is the state of conquered
countries, and generally, of colonies, and other dependant governments.
Such was the state of united America before the revolution. In this case
the personal rights of the subject may be so far secured by wholesome
laws, as that the individual may be esteemed free, whilst the state is
subject to a higher power: this subjection of one nation, or people, to
the will of another, constitutes the first species of slavery, which, in
order to distinguish it from the other two, I have called political;
inasmuch as it exists only in respect to the governments, and not to the
individuals of the two countries. Of this it is not our business to
speak, at present.
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