The Southern Literary Messenger, Vol. I., No. 6, February, 1835 — John Shaqi
The Southern Literary Messenger, Vol. I., No. 6, February, 1835Various
History
The Southern Literary Messenger, Vol. I., No. 6, February, 1835
Various
American literature -- 19th century -- Periodicals
perfect right to do so, or to deny for a moment the ingenuity with
which he has labored to maintain his novel position. On the contrary, I
freely acknowledge both; but believing at the same time, as I do, that
his reasonings are false in their principle, and pernicious in their
tendency, I must beg leave to follow his annotations with a few
remarks.
And first, the Annotator, after declaring that he has been impelled to
defend our domestic slavery "by a pious reverence for the institutions
of our forefathers," (a very honorable motive; but strangely
misapplied,) proceeds to say: "It is hardly necessary to expose the
sophistry by which Mr. Blackstone affects to prove that slavery cannot
have had a lawful origin. We do not pretend to trace our title to its
source. We have no call to sit in judgment between the conquered
African and his conqueror. We rest our defence on principles which
legitimate our title, whatever its origin may have been. Yet it may not
be amiss to say a few words to show the fallacy of those plausible and
imposing dogmas, with which we too often suffer ourselves to be talked
down." Now I have always regarded the reasoning of Blackstone on this
point as absolutely unanswerable; and I am happy to know that I am not
alone in my opinion of its weight; for the late venerable Judge Tucker,
I see, in _his_ note upon the same passage, (which I commend to all
your readers,) after quoting it at length, adds these words: "Thus by
the most _clear_, _manly,_ and _convincing_ reasoning, does this
excellent author refute every claim, upon which the practice of slavery
is founded, or by which it has been supposed to be justified, at least,
in modern times." I will not, however, too hastily conclude against the
Annotator's objections; but endeavor to weigh them with due care. He
proceeds thus: "Slavery," says Mr. Blackstone, "cannot originate in
compact, because the transaction excludes the idea of an equivalent."
This is the substance of Blackstone's argument on this head; but does
not give us a full idea of its force. His own statement of it is as
follows: "But secondly, it is said that slavery may begin 'jure civili'
when one man sells himself to another. This, if only meant of contracts
to serve or work for another, is very just; but when applied to strict
slavery, in the sense of the laws of old Rome or modern Barbary, is
also impossible. Every sale implies a price, _a quid pro quo_, an
equivalent given to the seller in lieu of what he transfers to the
buyer; but what equivalent can be given for life and liberty, both of
which (in absolute slavery) are held to be in the master's disposal?
His property also, the very price he seems to receive, devolves _ipso
facto_ to his master, the instant he becomes his slave. In this case,
therefore, the buyer gives nothing, and the seller receives nothing: of
what validity then can a sale be, which destroys the very principles
upon which all sales are founded?" Now this seems to me to be pretty
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