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
good logic; and how then does the Annotator answer it? Why he says:
"For an answer to this specious fallacy, I shall content myself by
referring you to the masterly essay of Professor Dew, who has so
clearly exposed it as to leave me nothing to add." This is certainly
judicious, and I cannot but commend him for his prudence, at least, in
thus turning over the trouble of answering such an argument to another.
How this latter gentleman, however, (who must take the compliment _cum
onere_,) can have contrived to expose so clearly "the specious fallacy"
which, it seems, lurks in it, I confess I cannot imagine; as I have not
his "masterly essay" before me. No doubt his exposure must be clever;
but, with all due respect for him, it is plainly impossible that it can
be sound. As at present advised, therefore, I shall stick to
Blackstone, or rather to his reasoning, which, as far as I can see, no
human wit can ever refute.
But the Annotator takes upon himself to grapple with another argument
of Blackstone, which he states in these words: "The commentator further
tells us that slavery cannot lawfully originate in _conquest_, as a
commutation for the right to kill; because this right rests on
necessity, and this necessity plainly does not exist, because the
victor does not kill his adversary, but makes him captive." Now this,
too, I have heretofore taken for very sound logic; and why is it not
perfectly so? Why because, says the Annotator, the conqueror may be in
such a situation that he can only secure himself against the future
hostility of his conquered enemy, by killing, _or_ by enslaving him;
and if he may enslave him himself, then he may hand him over to another
to deport him; which is the mildest mode of doing the thing. Of course,
"the mere captivity of his enemy does not imply the security of the
captor, should he allow his prisoner to go free." And he illustrates
his argument on this point, very prettily, by a figure. "The snared
tiger is in your power. You may kill--you may cage him. _Therefore_,
says Mr. Blackstone, you are under no necessity to do either, and the
noble beast has a fair claim to his liberty." This is a dexterous turn;
but unluckily it proceeds upon a misconception of the true point of
Blackstone's argument, which the Annotator ought to have perceived is
itself an answer to another. The commentator, observe, is answering the
argument of Justinian, that slavery may arise "_jure gentium_," from a
state of war; that is, from the right of a captor to kill his enemy
taken prisoner in battle. "But it is an untrue position," says he,
"when taken generally, that by the law of nature or nations, a man may
kill his enemy; he has only a right to kill him in particular cases, in
cases of absolute necessity for self-defence; and it is plain this
absolute necessity did not subsist, since the victor did not actually
kill him, but made him prisoner." Now the answer is obviously complete,
_so far as regards the point to which it applies_.
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