Slavery and the ConstitutionBowditch, William I. (William Ingersoll)
Religion
Slavery and the Constitution
Bowditch, William I. (William Ingersoll)
Enslaved persons -- United States -- Social conditions; Slavery -- United States
We can, however, see that the expression does properly describe the
legal condition of a slave. A slave, though an article of property, has
always and in every State been recognized as a person, by being held
criminally responsible for his acts. Thus the preamble to the Act of
South Carolina (May 10, 1740; 1 Grimke's Laws, 165), which provides for
the trial of _slaves_, recites that "natural justice forbids that any
_person_, of what condition soever, should be condemned unheard;" and
the Act of Georgia of 1770 (Prince's Dig. 777) provides for the trial of
"slaves and _other persons_." The Act of Virginia (1748, sec. 15; 5 Hen.
Stat. 547) and North Carolina (1741, sec. 29; Iredell, Stat. 62-66) call
runaway slaves _persons_ in so many words. Similar laws might be cited,
if deemed necessary. A slave is also held to labor and service for life
by law. Labor and service are the lot of every slave. "To slave" means
"to toil." It is sometimes denied, but nevertheless it is true, that the
law recognizes that labor and service are legally due from the slave to
his master. Thus the Act of North Carolina (1741, sec. 27), before
quoted, makes it a criminal offence to tempt or persuade a slave to
leave his master's "service." "Service" is recognized as being legally
due from a slave in Virginia (Act 1691, 3 Hen. Stat. 86, 87). The
Provincial Assembly of South Carolina (Act 1740, sec. 44) provided
that,--
"If any owner of slaves, or other person who shall have the care,
management, or overseeing of any slaves, shall work, or put any such
slave or slaves to labor, more than fifteen hours in twenty-four
hours, from the twenty-fifth day of March to the twenty-fifth day of
September, or more than fourteen hours in twenty-four hours, from
the twenty-fifth day of September to the twenty-fifth day of March,
every such person shall forfeit any sum not exceeding twenty pounds,
nor under five pounds, current money for every time he, she, or they
shall offend herein, at the discretion of the justice before whom
the complaint shall be made."
The Provincial Assembly of Georgia (Act 1770, May 10, sec. 41) provided
that,--
"If any person shall, on the Lord's day, commonly called Sunday,
employ any slave in any work or labor (works of absolute necessity
and the necessary occasions of the family only excepted), every
person so offending shall forfeit and pay the sum of ten shillings
for every slave he, she, or they shall so cause to work or labor."
Public-domain text, read in full here on John Shaqi.
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