United States -- History -- 1815-1861; United States -- Politics and government -- 1815-1861
We are most of us inclined, at this day, to hold that this was an
erroneous solution, and that we could have discovered a better one;
but it was the solution which was reached, and we shall be wiser if we
seek to understand it clearly, instead of wasting our energies in its
condemnation, remembering that many of the things of the past, which,
from the point of view of the present, we are prone to regard as
error, and even as sin, are only anachronisms. In fact, those who
founded the colony of Georgia thought _then_ that they had a better
solution of the problem. They prohibited slavery at the outset from
that colony. In fourteen years they came to regard this act as a great
mistake, and the noblest spirits among them acknowledged themselves in
error, and joined in the movement for the introduction of negro
slave-labor.
[Sidenote: Slavery legislation in the Southern colonies.]
The conditions above mentioned were undoubtedly the chief causes of
the more rapid and pronounced development of negro slavery in the
Southern colonies. And that more rapid and pronounced development
directs us rather to the legislation of the Southern colonies than to
that of the Northern, in following the legalization of the relation.
[Sidenote: Partus sequitur ventrem.]
Virginia naturally took the lead, and furnished the precedents for the
others. The first question, both as to time and importance, which
required legislative treatment, was the question of the status of the
children of slaves. Where legalized marriage does not exist, the only
certainty in respect to parentage is attained by regarding the mother.
Rights and status in such a condition of society are, therefore,
transmitted through the female line. _Partus sequitur ventrem_ is the
rule {44} not only of the civil law, but of every system of law
regulating the accidents of descent among people where the mingling of
the sexes is not controlled by civilized marriage. Insuperable
obstacles present themselves in the attempt to apply any other rule.
It was no unusual or arbitrary enactment of the Virginia legislature
which, in 1662, prescribed the rule that the status of the slave
mother should determine that of her offspring. This rule was followed
in all the colonies, and many of them enacted it into statute law.
[Sidenote: Definitions of the slave class.]
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