Lectures on the Philosophy and Practice of Slavery: As Exhibited in the Institution of Domestic Slavery in the United States, with the Duties of Masters to SlavesSmith, William A. (William Andrew)
Philosophy
Lectures on the Philosophy and Practice of Slavery: As Exhibited in the Institution of Domestic Slavery in the United States, with the Duties of Masters to Slaves
Smith, William A. (William Andrew)
Slavery -- United States
Therefore, _acquired rights_ may be defined, such good, in the form of
benefits or privileges, as results from the performance of duty.
Logically, they belong to the class of the essential good called
benefits or privileges, with the “_essential difference_” that they
are such as result from the performance of duty. Any other result,
though in itself of the nature of the essential good, yet, as it
conferred no benefit, could not be said to be _our right_. Capital
punishment, for example, when in accordance with the Divine will, is
in itself of the nature of the essential good; still, it would be an
abuse of language to say, in any ordinary case, that it was the right
of the criminal to be hung! because for no reason that we can imagine
does it confer any benefit or privilege upon the criminal. To be
_acquired rights_, therefore, they must not only be of the nature of
the good--that is, actual benefits--but this good must result from the
performance of duty, and not from the non-performance of duty, as in
the example given.
The definition corresponds with the language of common sense. All men,
in speaking of cases which are supposed to involve the question of
_rights_, employ the term in this sense. You say, of a farmer in a
given case, that he had no _right_ to an abundant harvest: why?
because he neglected his farm: his lands were not properly prepared,
and the growing crop was left open to depredations from stock: that
is, he neglected his duty; he had no _right_ to the benefit of an
abundant harvest. And again, you say to a neighbor, You should have
paid a certain sum of money to A., in a given case. He had a _right_
to the money, because he complied with the conditions on which the
money was to be paid. _He did his duty_, and therefore had a _right_
to the money. Thus, the neglect of duty negatives _right_ in the one
case, and the performance affirms it in the other, according to the
common usage of language.
Another idea which clearly enters into the common and correct use of
this term is that it is reciprocal with _obligation_: that is,
wherever there is a right in one person, there is a corresponding
obligation, _duty_, upon others. If one man has a _right_ to an
estate, others are under obligation, that is, it is their _duty_, to
abstain from it. If the letting of it alone be the result of duty on
the part of others, the enjoyment of it by him must also result from
duty on his part, or the ideas do not coincide: that which was duty in
one set of men would not be duty in another, in regard to the same
thing, and in correlative circumstances. This would be absurd:
therefore, the duty of one set of men to let another alone in the
enjoyment of a certain benefit, implies the correlative idea that they
enjoy the benefit in virtue of doing their duty. Hence, those benefits
which are our rights result to us from the performance of our duty.
The points established in this discussion are:
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