The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
_Virginia._ Incredible as it may seem, slavery had existed in Virginia
fifty years before even a statute was passed for the purpose of
declaring who might be slaves; and then the persons were so described as
to make the designation of no legal effect, at least as against Africans
generally. And it was not until seventy eight years more, (an hundred
and twenty-eight years in all,) that any act was passed that would cover
the case of the Africans generally, and make them slaves. Slavery was
introduced in 1620, but no act was passed even purporting to declare who
might be slaves, until 1670. In that year a statute was passed in these
words: "That all _servants_, not being Christians, imported into this
country by shipping, shall be slaves for their lives."[10]
This word "servants" of course legally describes individuals known as
such to the laws, and distinguished as such from other persons
generally. But no class of Africans "imported," were known as
"servants," as distinguished from Africans generally, or in any manner
to bring them within the legal description of "servants," as here used.
In 1682 and in 1705 acts were again passed declaring "that all
servants," &c., imported, should be slaves. And it was not until 1748,
_after slavery had existed an hundred and twenty-eight years_, that this
description was changed for the following:
"That all _persons_, who have been or shall be imported into this
colony," &c., &c., shall be slaves.[11]
In 1776, the only statute in Virginia, under which the slaveholders
could make any claim at all to their slaves, was passed as late as 1753,
(one hundred and thirty-three years after slavery had been introduced;)
all prior acts having been then repealed, without saving the rights
acquired under them.[12]
Even if the colonial charters had contained no express prohibition upon
slave laws, it would nevertheless be absurd to pretend that the colonial
legislature had power, in 1753, to look back an hundred and thirty-three
years, and arbitrarily reduce to slavery all colored persons that had
been imported into, or born in the colony within that time. If they
could not do this, then it follows that all the colored persons in
Virginia, up to 1753, (only twenty-three years before the revolution,)
and all their descendants to the present time, were and are free; and
they cannot now be distinguished from the descendants of those
subsequently imported. Under the presumption--furnished by the
constitution of the United States--that all are free, few or no
exceptions could now be proved.
In North Carolina no general law at all was passed, prior to the
revolution, declaring who might be slaves,--(See Iredell's statutes,
revised by Martin.)
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account