3. But waving, for the present, all other considerations, I strike
at the root of this complicated villany. I absolutely deny all
slave-holding to be consistent with any degree of natural justice.
I cannot place this in a clearer light, than that great ornament of his
profession, Judge _Blackstone_ has already done. Part of his words are
as follows:
“The three origins of the right of slavery assigned by _Justinian_,
are all built upon false foundations. 1. Slavery is said to arise
from captivity in war. The conqueror having a right to the life of
his captive, if he spares that, has then a right to deal with them as
he speaks. But this is untrue, if taken generally, That by the laws
of nations, a man has a right to 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 he did not kill him, but made him prisoner. War itself is
justifiable only on principles of self-preservation. Therefore it gives
us no right over prisoners, but to hinder their hurting us by confining
them. Much less can it give a right to torture, or kill, or even
enslave an enemy when the war is over. Since therefore the right of
making our prisoners slaves, depends on a supposed right of slaughter,
that foundation failing, the consequence which is drawn from it must
fail likewise.”
“It is said secondly, Slavery may begin, by one man’s selling himself
to another. And it is true, a man may sell himself to work for another;
but he can not sell himself to be a slave, as above defined. Every sale
implies an equivalent given to the seller, in lieu of what he transfers
to the buyer. But what equivalent can be given for life or liberty?
His property likewise, with the very price which he seems to receive,
devolves _ipso facto_ to his master, the instant he becomes his slave:
in this case therefore the buyer gives nothing. Of what validity then
can a sale be, which destroys the very principle upon which all sales
are founded?”
“We are told, Thirdly, that men may be _born slaves_, by being the
children of slaves. But this being built upon the two former rights
must fall together with them, if neither captivity, nor contract can
by the plain law of nature and reason, reduce the parent to a state of
slavery, much less can they reduce the offspring.” It clearly follows,
that all slavery is as irreconcileable to justice as to mercy.
Public-domain text, read in full here on John Shaqi.
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