The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
"Whereas, some doubts have arisen whether children that are slaves by
birth, and by the charity and piety of their owners made partakers of
the blessed sacrament of baptism, should by virtue of their baptism be
made free; _It is enacted and declared by this grand assembly, and the
authority thereof_, that the confering of baptism doth not alter the
condition of the person as to his bondage or freedom; that divers
masters, freed from this doubt, may more carefully endeavor the
propagation of Christianity by permitting children, though slaves, or
those of greater growth, if capable to be admitted to that
sacrament."--_Hening's Statutes, vol. 2, p. 260._]
[Footnote 10: Hening, vol. 2, p. 283.]
[Footnote 11: Hening, vol. 5, p. 547-8.]
[Footnote 12: In 1753 Virginia passed a statute, occupying some twelve
or fifteen pages of the statute book, and intended to cover the whole
general subject of slavery. One of the sections of this act is as
follows:
"That all and every other act and acts, clause and clauses, heretofore
made, for or concerning any matter or thing within the provision of this
act, shall be and are hereby repealed."--_Hening's Statutes, vol. 6, p.
369._
No reservation being made, by this section, of rights acquired under
former statutes, and slave property being a matter dependent entirely
upon statute, all title to slave property, acquired under former acts,
was by this act annihilated; and all the slaves in the State were made
freemen, _as against all prior legislation_. And the slaves of the State
were thenceforward held in bondage only by virtue of another section of
the same act, which was in these words:
"That all persons _who have been_, or shall be imported into this
colony, by sea or land, and were not Christians in their native country,
except Turks and Moors in amity with his majesty, and such who can prove
their being free in England, or any other Christian country, before they
were shipped for transportation hither, shall be accounted slaves, and
as such be here bought and sold, notwithstanding a conversion to
Christianity after their importation."--_Hening, vol. 6, p. 356-7._
The act also provided, "That all children shall be bond or free,
according to the condition of their mothers and the particular
directions of this act."]
[Footnote 13: The following is the preamble and the important enacting
clause of this statute of 1740:
Public-domain text, read in full here on John Shaqi.
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