The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
In South Carolina, the only statutes, prior to the revolution, that
attempted to designate the slaves, was passed in 1740--after slavery had
for a long time existed. And even this statute, in reality, defined
nothing; for the whole purport of it was, to declare that all negroes,
Indians, mulattoes and mestizoes, _except those who were then free_,
should be slaves. Inasmuch as no prior statute had ever been passed,
declaring who should be slaves, _all were legally free_; and therefore
all came within the exception in favor of free persons.[13]
The same law, in nearly the same words, was passed in Georgia, in 1770.
These were the only general statutes, under which slaves were held in
those four States, (Virginia, North Carolina, South Carolina and
Georgia,) at the time of the revolution. They would all, for the reasons
given, have amounted to nothing, as a foundation for the slavery now
existing in those states, even if they had not been specially prohibited
by their charters.
[Footnote 9: "_Chastised._" An act passed in South Carolina in 1740,
authorized slaves to sue for their liberty, by a guardian appointed for
the purpose. The act then provides that if judgment be for the slave, he
shall be set free, and recover damages; "but in case judgment shall be
given for the defendant, (the master,) the said court is hereby fully
empowered to inflict such corporeal punishment, not extending to life or
limb, on the ward of the plaintiff, (the slave) as they in their
discretion shall see fit."
_Brevard's Digest, vol. 2, p. 130._
"_Baptised._" In 1712 South Carolina passed this act:
"Since charity and the Christian religion which we profess, obliges us
to wish well to the souls of all men, and that religion may not be made
a pretence to alter any man's property and right, and that no persons
may neglect to baptize their negroes or slaves, or suffer them to be
baptized, for fear that thereby they should be manumitted and set free:
_Be it therefore enacted_, That it shall be, and is hereby declared
lawful for any negro or Indian slave, or any other slave or slaves
whatsoever, to receive and profess the Christian faith, and be thereunto
baptised. But that notwithstanding such slave or slaves shall receive
and profess the Christian religion, and be baptised, he or they shall
not thereby be manumitted or set free, or his or their owner, master or
mistress lose his or their civil right, property and authority over such
slave or slaves, but that the slave or slaves, with respect to his or
their servitude, shall remain and continue in the same state and
condition, that he or they was in before the making of this
act."--_Grimke, p. 18. Brevard, vol. 2, p. 229._
In 1667, the following statute was passed in Virginia:
Public-domain text, read in full here on John Shaqi.
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