B 
 
DUPLICATE 
 
 To 1.-: 
 
 OCT t\ 
 
t > 
 
 T I ON 
 
 ON 
 
 S L A V E R T: 
 
 WITH 
 
 A PROPOSAL 
 
 FOR THE 
 
 GRADUAL ABOLITION OF IT, 
 
 IN THE 
 
 STATE OF VIRGINIA. 
 
 BY ST. GEORGE TUCKER, 
 
 1 1 
 
 PROFESSOR OF LAW IN THE UVirERSlTT OP WILLIAM 
 
 AND MART, /*vn nnw nv THK jrinoFS OF Tlty 
 
 GENERAL COURT, Iff VIRGINIA. 
 
 Slavery not only violates the Laws of Nature, andof civil 
 Society , it alfo wounds the bejl Forms of Government : in a 
 Democracy, where all Men are equal, Slavery is contrary 
 to the Spirit of the Conftitution. MONTESQUIEU. 
 
 PHIL ADELPHT A: 
 PRINTED FOR MATHEW CAREY, 
 
 No, 1 1 8, MARKET-STREET. 
 
 1796. 
 
V.P.L 
 
 DUPLICATE 
 DEPOSED OF 
 
 V8T8 
 
 -j 
 
 * 
 
 fcjNDlNQ ) 
 
 ' 'M fof 9 ^ I 
 
 iBU 1 
 
TO THE 
 
 General AJJembly of Virginia* 
 
 To whom it belongs to decide upon 
 the expediency and practicability of a 
 plan for the gradual abolition of Slavery 
 in this commonwealth, 
 
 The following pages are mod refpec~b 
 fully fubmitted and infcribed, 
 
 BY THE AUTHOR. 
 
 William/burp, in 
 
 Virginia, May 20, 1796, 
 
TO THE READER. 
 
 The following pages 'form a part of a 
 courfe of Lectures on Law and Police, deli- 
 vered in the Univerfety of William and 
 Mary, in this commonwealth. The Author 
 confedering the Abolition of Slavery in this 
 State, as an object of the fir ft importance, 
 not only to our moral character and d&mefiic 
 peace, but even to our political falv at ion ; 
 and being perfuaded that the accomplifliment 
 offo momentous and deferable an under- 
 taking -will in great meafure depend upon 
 the early adoption of fame plan for that 
 purpofe, with diffidence Jub?rdts to the con- 
 federation of his countrymen his ideas on a 
 fubjed of fuch confequcnce. He flatters 
 himfelf that the plan he ventures to Jiiggcji, 
 is liable to fewer objections than mofl others 
 that have been j'ubmitted to the confederation 
 of the public, as it will be attended with a 
 gradual change of condition in the blacks, 
 and cannot pofjibly affect the inter eft either of 
 creditors, or any other defer iption of per- 
 fons of the prefent generation : and pofec- 
 rity he makes no doubt will feel themselves 
 relieved from a perilous and grievous burden 
 ly the timely adoption of a plan, whofc ope- 
 ration may be felt by them, before tJiey are 
 borne down by a weight which threatens dc- 
 ftruttion to our happinejs both public and 
 private. 
 
/" The following ADDIT TONAL NOTES have bees 
 received from the Author fince the body of this 
 work was printed off* 
 
 In page 20, after the word arms, in line 5, read tins note : 
 This was the cafe under the laws of the ftate ; 
 but the A& of 2. Cong. c. 33. for eflablifhing an 
 uniform militia throughout the United States, feems 
 to have excluded all but free white men from bearing 
 arms in the militia. 
 
 .70 tie word flave, page 47, line 14, add the fol- 
 lowing note : 
 
 It may not be improper here to note, that the 
 firft congrefs of the United States, at their third 
 feffion, Dec. 17939 paffed an aft to prohibit the 
 carrying on the flave trade from the United States to 
 any foreign place or country ; the provifions of which- 
 fecm well calculated to rellrain the citizens of united 
 America from 'embarking in fo infampus a traffick. 
 
ON THE 
 
 STATE OF SLAVERY IN VIRGINIA. 
 
 AN the preceding Enquiry (a) into th 
 abfolnte rights of the citizens of united 
 America, we muft not be undcrfcood :. 
 thofe rights were equally and univerf 
 the privilege of all the inhabitant of the 
 United States, or even of all thoib, who 
 may challenge this land of freedom as 
 -their native country. Among the ble-Fings 
 which the Almighty hath fhowered clown 
 on thefe dates, there is a large portion of 
 the bittereft draught that ever flowed 
 from the cup of alilitlion, Whllfl Ame- 
 rica hath been the land of promife to 
 xopcans, and their descendants, it hath 
 been the vale of death to millions of the 
 wr e t c he d fo ns o f A i r i c a . The ge n i al 1 i ght 
 of liberty, which hath here ilione with un- 
 rivalled luflre on the former, hath yielded 
 no comfort to the latter, but to them hath 
 proved a pillar of darkncls, whiiri; it hath 
 
 (a) The fubjccc cf a prtceuing Le^ure, with 
 v,\,.c;i tlie pr6feut \va;j munediately Conne&ed, \vas, 
 An Enquiry into the Rights cf P^i-rons, as Citizens 
 America. 
 
 B 
 
conduced the former to the more enviable 
 flate of human exiflence . Whilft we were 
 offering up vovrs at the fhrine of Liberty, 
 and facriflcing hecatombs upon her altars ; 
 v/liliit v, e {wore irreconcilable hoflility to 
 her enemies, and hurled defiance in their 
 faces ; whilli we adjured the God of Hofls 
 to wit-nefs our refolution to live free, or 
 die, and imprecated curfes on their heads 
 who ref.ifcci to unite with us in efhiblifhlng 
 the empire of freedom ; we were impofing 
 upon our fellow men, who differ in com- 
 plexion from us, a fltwery, ten thoufand 
 times more cruel than the utmoft extre- 
 mity of thofe grievances and oppreffions, 
 of which we complained. Such are the 
 hiconfiftenclcs of human nature ; fuchthe 
 ll:idnels of thofe who pluck not the beam 
 out of their own eyes, whilfl they can eipy 
 a rrioat, in the eyes of their brother ; 
 ilich that partial fyftem of morality \vhicli 
 confines rights and injuries, to particular 
 complexions ; fuch the effect of that felf- 
 love which juftifles, or condemns, not ac- 
 cording to principle, but to the agent. 
 Had we turned our eyes inwardly when 
 we frtpplicated the Father of Mercies to 
 aid the injured and opprefFed when we 
 invoked the Author of Right eoufnefs to 
 attePc the purity of our motives, and the 
 
( It ) 
 
 jaitice of our caufe ; (b) and implored . 
 God of Battles to aid our exertions in 
 defence, fhould we not have Itood nv 
 felf convicted than the contrite publican 1 
 Should we not have left our gift upon the 
 altar, that we might be firft reconciled to 
 cur brethren whom we held in bond;- 
 Should we not have loofed their ciiain:, 
 and broken their fetters ? Or if the diiii- 
 culties and dangers of fuch an experiment 
 prohibited the attempt during the con- r u!- 
 lions of a revolution, is it not our duty to 
 embrace the firft moment of comtitutional 
 health and vigour, to effectuate fo defirable 
 an object, and to remove from us a fligma, 
 with which our enemies will never fail to 
 upbraid us, nor our confciences to re- 
 proach us ? To form a jult eftimate of 
 this obligation, to demonftrate the incom-r 
 pat ability of a itate of flavery with the 
 principles of our government, and of that 
 revolution upon which it is founded, and 
 to elucidate the practicability of its total,, 
 though gradual, abolition, it will be pro- 
 per to confider the nature of flavery, its 
 properties, attendants, and consequences 
 in general ; its rife, progrefs, and prcient 
 
 (b) The American ftandard, at the commencement 
 of thofe hollilities which terminated in the revolution, 
 had thefe words upon it AN APPEAL TO HEAVEN'. 
 B2 
 
fbte not only in this commonwealth, but 
 in fiich of our filler dates as have cither 
 perfected, or commenced the great work 
 of Its extirpation ; with the means they 
 have adopted to effect it, and thofe which 
 the circumftances and frtuation of our 
 country may render it mofi expedient for 
 us to purfue, for the attainment of the 
 fame noble and important end. (c) 
 * Lib. i. According to Juflinian, * the firft gene- 
 " lt " 2 * ral divifion of perfons, in refpect to their 
 
 s, is into freemen and (laves. It is 
 equally the glory and thehappinefs of that 
 country from which the citizens of the 
 United States derive their origin, that the 
 traces of flavery, fuch as at prefent exifts 
 in fcveral of the United States, are there 
 utterly extinguished. It is not my defign 
 to enter into a minute enquiry whether it 
 ever had exigence there, ncr to compare 
 the fituation of villeins, during the exig- 
 ence of pure villenage, with that of mo- 
 dern domeflic flaves . The records of thofe 
 times, at lead, flich as have reached this 
 
 (c) The Author here takes the liberty of making 
 his acknowledgments to the reverend Jeremiah Belknap, 
 D. D. of Bofton, and to Zephaniah Swift, Efq. re- 
 prefentative in congrefs from Connedicut, for their ob- 
 liging communications ; he hath occafionally made 
 ufe of them in feveral parts of this Ledure, where lie 
 may have omitted referring to them. 
 
( '3 ) 
 
 quarter of the globe, are too few to throw 
 a fatis factory light on the {ubjeft . alike 
 it that our anccHors migrating hither 
 brought not with them any prototype of 
 that flavery which hath been eftabliuied 
 among us. The firfl introdu&icn of it 
 into Virginia was by the arrival of a Dutch 
 ihip from the eoaft of Africa having tiucnty 
 Negroes on board, who were fold here in 
 the year 1620.* In the year 1 6 3 8 we find * Stith. 
 them in MafTachufetts . (d) They were A 
 introduced into Connecticut (boa after the 
 fettlement of that colony ; that is to fay, 
 about the fame period, (c) Thus early 
 had our forefathers fown the feeds of an 
 evil, which, like a leprofy, hath clefcended 
 upon their poflerity with accumulated ran- 
 cour, vifiting the fins of the fathers upon 
 facceeding generations. The climate of 
 the northern ftates lefs favourable to the 
 confHtution of the natives of Africa, t fEr.B 
 than the fouthern, proved alike unfavour- Zephan. 
 able to their propagation, and to the in- Swift. 
 creafe of their numbers by importations. 
 As the fouthern colonies advanced in po- 
 pulation, not only importations increased 
 there, but Nature herfelf, under a climate 
 more congenial to the African conftitution, 
 
 (J) Dr. Belknap's anfwers to St. G. T.'s queries. 
 fej Letter from ^ephaaiah Swift to St. G. T. 
 
( I-t ) 
 
 aliiilccl in multiplying the blacks in thofe 
 parts, no leis than in diininifhing their 
 numbers in the more rigorous climates of 
 the north ; this influence of climate more- 
 over contributed extremely to increafe or 
 diminim the value of the {lave to the pur- 
 chafers, in the different colonies. White 
 labourers, whofe constitutions were better 
 adapted to the fevere winters of the New 
 England colonies, were there found to be 
 * Dr. Bel- preferable to the Negroes, * who, accui- 
 
 knap. tomed to the influence of an ardent fun, 
 
 Zephan. 
 
 Swift. became almoft torpid in thofe countries, 
 
 not lefs adapted to give vigour to their 
 laborious exercifec, than unfavourable to 
 the multiplication of their fpecies ; in 
 thofe colonies, where the winters were 
 not only milder, and of fhorter duration, 
 but fucceeded by an intenfe fummer heat, 
 as invigorating to the African, as debili- 
 tating to the European conftitution, the 
 Negroes were not barely more capable of 
 performing labour than the Europeans, or 
 their defcendants, but the multiplication 
 of the fpecies was at lead equal ; and, 
 where they met with humane treatment, 
 perhaps greater than among the whites. 
 The purchafer therefore calculated not 
 upon the value of the labour of his Have 
 only, but, if a female, he regarded her 
 
( '5 ) 
 
 as " the fruitful mother of an hundred 
 more :" and many of theft un fortunate 
 people have there been in this fete, 
 whofe defendants even in the compaisof 
 two or three generations have gone near 
 to realize the calculation. The great in- 
 creafe of flavery in the fouthern, in pro- 
 portion to the northern dates in the union, 
 is therefore not attributable, /0/<?/j/, to the 
 effedl of fentiment, but to natural caufes ; 
 as well as thofe confiderations of profit, 
 which have, perhaps, an equal influence 
 over the conduct of mankind in general, 
 in whatever country, or under whatever 
 climate their deftiny hath placed them. 
 What elfe but confiderations of this na- 
 ture could have influenced the merchants 
 of the freed nation, at that time in the 
 world, to embark in fo nefarious a traffic, 
 as that of the human race, attended, as 
 African (lave trade has been, with 
 the nioft atrocious aggravations of cru- 
 elty, perfidy, and intriguer;, the objects 
 of which have been the perpetual fomen- 
 tation of predatory and intcftine wars'? 
 What, but fimilar eofcficferatiofts, could 
 prevail 0:1 the government of the fame 
 country, even in thefe days, to patronize 
 a commerce fo diametrically oppoflro to 
 generally received maxims of that 
 
( 16 ) 
 
 government. It is to the operation of 
 theie coniiclerations in the parent country, 
 not lelo than to their influence in the co- 
 lonies, that the rife, increafe, and conti- 
 nuance of uavery in thole Eritiih colonies 
 .which now constitute united America, are 
 to be attributed, as I lhail endeavour to 
 .(hew in the courfe of the prefent enquiry. 
 It is now time to enquire into the nature 
 of -fiavery, in general, and take a view of 
 its confequenccr., and attendants in this 
 commonwealth, in particular, 
 liar- Slavery, fays a well informed writer * 
 
 - on the fubjecl:, has been attended with 
 caieofNe- V/T , 
 
 -roe So- circuniitances 10 various in dinerent conn- 
 
 Eierfet. tries ^ as to ren ^ cr it difficult to give a 
 general dennitlon of it. Juilinian calls it 
 a conftltution of the law of nations, by 
 which one man Is madeluljetl to another, 
 
 , . ., -contrary to nature. Grotius defcribes 
 
 ; Li^D. I. * 
 
 Tit. 3. it to be an obligation to fcr\ e another for 
 :Ct * 2 ' . life, in conilderation of diet, and other 
 + Lib. 2. common neceilaries. t Dr. lluthcrforth, 
 c. 5. Scft. rejecling this definition, informs us, that 
 ~'* perfect fiavery is an obligation to be di- 
 
 5 L'b i re ^ ec ^ ^7 -" ot ^ icr ^ all one's .actions. 
 c. 20. pa. Baron jMonteiquleu dennes it to be the 
 cliabliilirnent of a right, which gives ore 
 man fuch a power over another, as ren- 
 ders him abiblute m alter over his life and 
 
fortune.* Thcfe definitions appear not * Lib. 
 to embrace the fabjecl fully, fmce they c * l 
 refpedi the condition of the flave, in re- 
 gard to his mafler, only, and not in re- 
 gard to the ft ate, as well as the maftcr. 
 The author lad mentioned obferves, that 
 the constitution of a Slate may be free, 
 and the Subject not fo. The fubjeft free, 
 and not the constitution of th,; ihti:e. t f Lib. 
 Purfaing this idea, inflcad of attempting c * l ' 
 a general definition of Slavery ; I {hall, 
 by confidering it under a threefold afpecr, 
 endeavour to give a juft idea of its na- 
 ture. 
 
 I. When a nation is, from any external 
 caufe, deprived of the right of being go- 
 verned by its own laws, only, fuch a na- 
 tion may be conlldered as in a flate cf 
 political Jlavcry. Such is the flate of con- 
 quered countries, and generally, of colo- 
 nies, and other dependant governments. 
 Such was the flate of united America before 
 the revolution. In this cafe the perlcni:] 
 rights of the fubjecl may be fo far fe cured 
 by wholefome laws, as that the individual 
 may be efleemed free, whilii: the ftate 
 is fubject to a higher power : this ilib- 
 jeclion of one nation, or people, to the 
 will of another, constitutes the firfl fpecies 
 offlavery, which, in order to diflinguifh 
 C 
 
it fi-o-.TL -the other two, I have call-cci 
 litical ; inafrrurch as it e:-;i:'i:r, or-ly in re- 
 
 
 frie3. Of 
 
 r.ot our bir r ^-::> ::> r;-y~ai:, at j^cil-t. 
 
 Civil Hbe. r ths.fi 
 
 r,. 8r&iftdfey Kttoan 
 
 a:> is r-eceffary and 
 
 c ./: ..-/;',. ,:- r.,' 1 ; :-/ - ndv:-ir.t; ^e cvf 
 
 * E1 ^- k - t Sire,* v/henevcr tl::it liberty is, 
 
 Coin. c. rftiie HT-L-C, further rc(b-'i;;;cJ 
 
 :-;\:;_^ fbr the 
 
 icral acl\ r ar.t:;g e ^ a ^-te of d<y/7 Jlavcry 
 corfi.ir.cn ces immediately : this -msy affcfl: 
 whole fociety, and every clcfcription 
 of per ions in it, and yet the constitution 
 of the ftate be perfcclly free. And 
 happens wherever the laws of a ft ate rc- 
 ipedl- the form, or energy of the govern- 
 ment, more than the happinefe of the ci- 
 tizen ; as in Venice, where the mofc cr>- 
 preiFive ij^ecics of civil (lavery exifls, ex- 
 tendino; to every in-dividual in the I! 
 from the pooreft gondolier to the iv. em- 
 bers of the ienate, and the doge hlmielf, 
 This ipecies of flavery alio exius ^vhen- 
 cver there is an inequality of right?., or 
 pj-'ivileges, between the iubjecls or ciii- 
 zeDS' of the fame ft ate, except fuch as ne- 
 ceflarily refult from the excrcife of 
 
( 19 ; 
 
 v- ; for the 
 dais of men 
 
 .upo.n the ck ~; ajud the 
 
 jcaeailir.e of cxaltatio.ii in the former, is 
 that of the fiavery p the latter. In all 
 governments, hov/cvcr c- cd, or 
 
 .'. deicription foever denq.nima: 
 wherever the difancaoii of rank prcv: 
 or is admitted ,Uy th,e confdtutjon, I 
 
 of (lav-cry exifts.- It e:dfced ia 
 ry nation, and in .every government 
 in Europe be fare .tlic French revolution. 
 It exited in the American .colonies be- 
 fore they became iudq-. flates ; and 
 not, ; tiie maxims of .equality 
 wlilch have i.era adopted in their 
 coiitjliitutions, it cxifts in mcft, if not all, 
 of them., at tlxis day, in taep,erfons ofoiu- 
 free Negroes and mulattoer, ; whole civil 
 incapacities r.re al-moic \ -:\ ^ the 
 civil rights of:: citizens. A brief 
 enumeration of -.fciiem, -1:1 ay not be hn 
 per be-fore :eed to the thh'd in 
 
 Free . ilatto.es are by our 
 
 confutation excluded from the right <.' 
 fuiTrage, (f) and by confequence, I apprc- 
 
 (f) The Conftitution of Virginia, jt. 7. d^l 
 that the right of fufFrage fhal] remain as then excrc:fc<J : 
 the act of 1723, c. 4 (edit. 1733,), fc6t. 23, declared, 
 'hat no Negro., muh.lt oe, or Indian, fruill hav 
 
 C 2 
 
hend, from office too : they were for- 
 merly incapable of ferving in the militia, 
 except as drummers or pioneers, but now 
 I prefume they are enrolled in the lifts of 
 thofe that bear arms, though formerly 
 punimable for prcfuming to appear at a 
 * 1723. mutter-field. * During the revolution 
 war many of them were enlifled as foldi- 
 ers in the regular army. Even flaves 
 were not rejected from military fervice 
 at that period, and fuch as ferved faith- 
 fully during the period of their enlifl- 
 ment, were emancipated by an act pafTed 
 f OiSt. after the conclufion of the war. t An 
 1783- c. a . Q j u ^.; ce to w hi c h they were entitled 
 
 upon every principle. All but houfe- 
 
 keepers, and perfons refiding upon the 
 
 frontiers are prohibited from keeping, 
 
 or carrying any gun, powder, mot, club, 
 
 J 1 748. c. or other weapon offenfive or defeniive : + 
 
 31. Edit. R e f }l a ance to a white perfon, in any cafe, 
 
 was, formerly, and now, in any cafe, 
 
 except a wanton aiTau.lt on the Negroe or 
 
 Ib. c. mulattoe, is punifhable by whipping. 
 
 10 3- No Negroe or mulattoe can be a witnefs 
 
 vote at the ele&ion of burgefles, or any other election 
 \vhatfoever. -This al, it is prefumed, was in force at 
 the adoption of the constitution. The aft of 1785, 
 c. 55 (edit, of 1794, c. 17,), alfo exprefsly exclude* 
 them from the right of fuffrpge. 
 
in any profecution, or civil fuit -in which 
 
 a white perfon is a party.* Free No * 1794- 
 
 groes together with ilaves v/ere formerly c ' I ^ 1 ' 
 
 denied the benefit of clergy in cafes where 
 
 it was allowed to white perfons ; but 
 
 they are now upon an equal footing as to 
 
 the allowance of clergy, though not as to 
 
 the confequence of that allowance, inaf- 
 
 much as the court may fuperadd other 
 
 corporal punifhments to the burning in 
 
 the hand ufually inflicted upon white 
 
 perfons, in the like cafes, t Emancipated t J 79-1- 
 
 c. 103. 
 Negroes may be fold to pay the debts of 
 
 their former m after contracted before 
 their emancipation ; and they may be 
 hired out to fatisfy their taxes where no 
 fufficient diflrefs can be had. Their chil- 
 dren are to be bound out apprentices by 
 the overfeers of the poor. Free Negroes 
 have all the advantages in capital cafes, 
 which white men are entitled to, except 
 a trial by a jury of their own complexion : 
 and a flave filing for his freedom mail 
 have the fame privilege. Free Negroes 
 refiding, or employed to labour in any 
 town muft be regiflered ; the fame thing 
 is required of fuch as go at large in any 
 county. The penalty in both cafes is a 
 fine upon the perfon employing, or har- 
 bouring them, and iniprifonment of the 
 
( g )- 
 
 * 1794. Negroe. * The migration of free Ne- 
 
 C ' 1 **" groes or -mulattoes to this ftate is a.lfo pro- 
 hibited ; and thofe who do migrate hi- 
 ther may be feiit back to the place from 
 
 f 1794. whence they came. I Any perfon, r.oi. 
 
 c * I 4 * being a. Nog-roe, having one-fourth or 
 more Negro e blood in him is deemed a 
 mulattoe. The law makes no other d:f- 
 tlndiion between Negroes and mulattoes, 
 whether flav.es or freemen. Thefe Inca- 
 pacities and difabilities are evidently the 
 -fruit of the third fpecies of flavcry, of 
 which it remains to fpeak .; or, rather, 
 they are felons from- the fame common 
 flock; wiiich is, 
 
 III. That condition in which one man 
 is fiipjedl to be dirc^ed by another in all 
 his actions ; and this conilitutes a ftate 
 of dor,:c file /lover y ; to which ft ate .all the 
 incapacities and difabiiities of civil ilavery 
 are incident, with the weight of other 
 numerous .calamities fapcraddecl thereto. 
 And here it may be proper to make a fi:ort 
 .enquiry into the origin and foundation 
 of clcnieftlc ilavery in other countries, 
 previous to its fatal introdu<i:ion into this. 
 Jlr.ft. lib. Slaves, fays Juilinian, are either born 
 i. tit. i. r uc ^ Gr ] ecomc fo. t They are born 
 Haves v;Lcn they are children of bond 
 women : and thcv become {laves, either 
 
"7ty the!awofnatl'-:;-\ t:::-.-: is , hv :y ; 
 
 it is the practice of our generals to 
 fell their captives, be: ' to 
 
 preferve, and not to dcftroy them : er 
 by the civil law, which hc-ppciis when a 
 free perlbn, above the age - :ty, 
 
 faifcrs himfclf to be Ibid for I ' of 
 
 'rig the price given for him. ': 
 author of the Commentaries o r.v/s 
 
 of England thus combats the reafbnsblc- 
 
 , of all thefe grounds : * " The con- * Im b. c . 
 qneror," fays he, " according to the cl- 4 2 3- 
 ^ vilians, had a right to the life of his 
 u captives ; and having fparcd that, has 
 u a right to deal with him as lie pleafes. 
 ic But it is an untrue pofition, v/hcn taken 
 u generally, that by the law of nature 
 " or nations, a m'an may kill h-s crcrviy : 
 cc he har> a right to kill' him only in par- 
 cc ticulr.r cal^s ; in cafes of ablbluiie nc- 
 4C b .'fence ; and it 
 
 cc til abiblute ncceiHty did ret 
 
 cc Hx 1 :, hncc the victor did not actually kill 
 ci him, but made him prifo. *"7af 
 
 4C i-. juftiflable only on pri 
 
 ^ c ef ic ; and 'therefore It 
 
 cr right over p; but 
 
 merely to difable them iron do!:^?; 
 cc h.-\T,i to us, by conflnip; '.-ns: 
 
 Icfs can it give a right to 1:111, 
 
tc torture, abiife, plunder, or even to 
 44 enflave, an enemy, when the war is ver. 
 44 Since therefore the right of inching (laves 
 " by captivity, depends on a fuppofed 
 44 right of {Laughter, thr.t foundation fail- 
 44 ing, the ccnfequence drawn from it 
 44 mufl fail likewife. But, fecondly, it 
 44 is faid flavery may bepn jure civili ; 
 " when one man fells liimfelf to another. 
 44 This, if only meant of contrafc to 
 44 icrvc, or work for, another, is very 
 44 jaft : but when applied to flric~t flavery, 
 44 in the fenfe of the laws of oldR-ome or 
 44 modern Earbary, is alfo impoilible. 
 cc Every faie implies a price, a quid pro 
 a quo, an equivalent given to the feller, 
 " in lieu of what he transfers to the 
 44 buyer ; but what equivalent can be 
 4C given for life and liberty, both of 
 u which, in abfolute flavery, are held 
 44 to be in the mailer's diipofal ? His 
 ec property, alfo, the very price he 
 44 fecnis to receive, devolves, ipjo fafto^ 
 44 to his mailer, the inflant he becomes a 
 44 (lave. In this cafe, therefore, the 
 44 buyer gives nothing, and the feller 
 u receives nothing : of what validity 
 44 then can a faie be, which defcroys the 
 44 very principles upon which all fales 
 44 are founded ? Laftly we are told, that 
 
Ci beiides thefe two ways by which Haves 
 " are acquired, they may alib be here- 
 ct ditary ; cc /jrp/ najcuntur ;" the chil- 
 u drcn of acquired (laves are, " jure na~ 
 c c turx," by a negative kind of birthri ght, 
 " flaves alia. But this^ being built on i/;? 
 " tiuo former rights ^ mufl fall together 
 c with them. If neither captivity, nor 
 " the flile of one's felf, can by the law 
 C of nature and reafbn reduce the parent 
 c; taflavery, much .hjs can they reduce. 
 ct the cifspring." Thus by tl^s moll- 
 clear, manly, and convincing reafoning 
 does this excellent author refute every 
 claim upon which the praclice of ilavery 
 is founded, or by which it has been flip- 
 pofed to be juftifleJ, at leafl, in modern 
 times, (g) But were we even to admit,' 
 that a captive taken in zjufi ivar, might 
 by his conqueror be reduced to a Ra'ce of 
 ilavery, this could not juitify the claim of 
 Europeans to reduce the natives of Africa 
 to that flate : it is a melancholy, thouoh 
 well-loiowii fad, that in order to farnifh 
 f applies of thele unhappy people for the 
 purpoft-s of the (lave trade, the Europeans 
 have conflantly, by the moil infid:cus ([ 
 had almofc fajd infernal) arts, fomented 
 
 (g) Thefe arguments ars, in facl, borrowed from 
 ffcj Spirit of La\vs. 
 
( = 6 ) 
 
 a kind of perpetual warfare among the 
 ignorant and miserable people of Africa ; 
 and inflances have not I: ecu wanting, 
 where, ry the mofh ihameful breach of 
 .faith, they have trepanned and made 
 ilaves of theyc.7:;v as \vell as ilicjold. (It} 
 
 (h) " About the fame time (the reign of queen 
 
 " Elizabeth) a traffic in the human fpecies, called 
 
 " Negroes, was introduced into England, which is 
 
 " one of the moft odious and unnatural branches of 
 
 " trade the fordid and avaricious mind of mortals ever 
 
 " invented. It had been carried on before this period 
 
 " by Genoefe traders, who bought a patent from 
 
 " Charles the fifth, containing an exclufive right of 
 
 " carrying Negroes from the Portuguese Settlements 
 
 " in Africa, to America and the Weft Indies ; but 
 
 " the Englim nation had not yet engaged in the ini- 
 
 quitcus traffic. One William Hawkins, an expert 
 
 '* Englim feaman, having made feveral voyages to the 
 
 " coaft of Guinea, and from thence to Brazil and the 
 
 " Weft Indies, had acquired confiderable knowledge 
 
 * of the countries. At his death he left his journals 
 
 " with his fon, John Hawkins, in which he defcribed 
 
 " the lands of America and the Weft Indies as ex- 
 
 ** ceedingly rich and fertile, but utterly neglected for 
 
 tf want of hands to improve them. He reprefented 
 
 ** the natives of Europe as unequal to the tafk in fuch 
 
 " a fcorching climate ; but thofe of Africa as well 
 
 " adapted to undergo the labours requifite. Upon 
 
 " which John Hawkins immediately formed a defign 
 
 ' of tranfporting Africans into the weftern world ; 
 
 " and having drawn a plan for the execution of it, he 
 " laid it before fome of hi,s opulent neighbours for 
 
That fucli horrid pra&iccs have been 
 fan&ioiicd by a civilized nation ; that a 
 
 " encouragement and approbation. To them it ap- 
 f ' peared promifing and advantageous. A fubfcripticn 
 -'' was opened and fpeedily filled up, by Sir Lionel 
 " Ducket, Sir Thomas Lodge, Sir William Wintery 
 " and others, who plainly perceived the vaft profit's 
 " that would refult from fuch a trade. Accordingly 
 " three fh'ps were fitted out, and manned by an h-uir- 
 " dred feleel failors, whom. Hawkins encouraged 'Co 
 " go with him by promifes of good treatment and 
 " great pay. In the year 1562 he fct fail for Africa", 
 " and in a few weeks arrived at the country called 
 <( Sierra Leona, wher. he began his commerce with 
 <* the Negroes. While he trafficked with them, he 
 " found the means of giving them a charming defcrip- 
 " tion of the country to which he was bound ; the 
 " unfufpicious Africans liftened to him with apparent 
 *' joy and fatisfaclion, and feemcd remarkably fond cf 
 " his European trinkets, food, and clothes. He 
 " pointed out to them the barrennefs of the count rj-, 
 " and their naked and wretched condition, and prc- 
 ** mifed if any of them were \v:-?.ry of tlieir mifcrable 
 " citcumftances, and v.-ould go along vrith lum, Ke 
 " would carry them to a plentiful land, where they 
 " mould live happy, and receive an abundant rsccripcnre 
 " for their labours. He told them the country was 
 *' inhabited by fuch men as himfelf and h:r> jovial com- 
 
 panions, r.ncl ajjvrcd them of kind ofegs and great 
 friend/hip. In fhcit, the Njgroes were overcome 
 
 by his flattering prcmifes, and three hundred ftont 
 
 fello\vs accepted his offer, and confented to embark 
 1 along with him. Every thing being fettled on the 
 
 mod amicabl- terms between them, Hawkins made 
 D 2 
 
 li 
 
nation ardent in the caufe of liberty, and 
 enjoying its bleilings in the fulleft extent, 
 
 " preparations for his voyage. But m the night be- 
 
 ** fore his departure his Negroes were attacked by a 
 
 " large body from a different quarter; Hawkins, being 
 
 * ; alarmed with the fbrieks and cries of dying perfons, 
 
 " ordered his men to the affiftance of his -Haves, and 
 
 -" having furrounded the affailants, carried a number 
 
 " of them on board as prifoners of war. The next 
 
 " day he fet fail for -Hifpaniola with his cargo of 
 
 " human creatures ; but during the paflh'ge, he treated 
 
 " the prifoners of war in a different manner from his 
 
 A volunteers. Upon his arrival he difpofed of his cargo 
 
 " to great advantage ; and endeavoured to inculcate 
 
 " en the Spaniards who bought the negroes the fame 
 
 " diftin&ion to be obferved : but they having purchafed 
 
 " all at the fame rate^ considered them as flaves of the 
 
 " fame condition, and confequently treated all alike." 
 
 Hawkins having returned to England, foon after 
 
 -made preparations for a fecond voyage. " In his 
 
 " paflage he fell in with the Minion man of war, 
 
 " which accompanied him to the Coaft of Africa. 
 
 *' A r ter his arrival he began as formerly to traffic with 
 
 " the Negroes, endeavouring by perfuafions and 
 
 " profpecls of f-cvoartl, to induce them to go along 
 
 <; w!th-him but now they were more referved and 
 
 " jealous of his dci:gns, and as none of their neigh- 
 
 c: hours had returned, they were apprchenfive he had 
 
 44 killed and cat them The crew of the man of war 
 
 " obfcrving the Africans backward and fufpicious, 
 
 " began to laugh at his gentle and dilatory methods of 
 
 " proceeding, and propofed having immediate recourfe 
 
 *' to force and compulsion but Hawkins confidered 
 
 " it as cruel and v.niuil. and tried by pcrfuafions, pro- 
 
can continue to vindicate a right : eflab- 
 lifhed upon fuch a foundation ; that a peo- 
 
 '" inifes and threats, to prevail on them to defift from a 
 " purpofe fo unwarrantable and barbarous. In vain 
 " did he urge his authority and inftruftions from the 
 *' Queen : the bold and headilrong failors would hear 
 " of no reftraints. Drunkennefs and avarice are deaf 
 " to the voice of humanity. They purfue their violent 
 <{ defign, and, after feveral unfuccefsful attacks, in 
 " which many of them loft their lives, the cargo was 
 " at length compleated by barbarity and force. 
 
 " Hence arofe that horrid and inhuman practice of 
 " Dragging Africans into flavery, which has fmce been 
 " fo purfued, in defiance of every principle of juflice 
 *' and religion. Had Negroes been brought from the 
 " flames, to which in fome countries they were devoted 
 " on their falling prifoners of war, and in others, facri- 
 " ficed at the funeral obfequies of the great and pow- 
 " erful among themfelves ; in fhort had they by this 
 " traffic been delivered from torture or death , European 
 " merchants might have fome excufi to plead in its vindi- 
 " cation. But according to the common mode in which it 
 fi has been candied y \ve mufi confefs it a difficult 
 " matter to conceive nfingle argument in its defence. 
 " And though policy has given countenance and 
 " fanclion to the trade, yet every candid and impartial 
 " man muft confefs, that it is atrocious and unjuftifiable 
 ** in every light in which it can be viewed, and turns 
 " merchants into a band cf robbers, and trade into 
 " atrocious acls of fraud and violence." Hiftoriccl 
 Account of South-Carolina and Georgia. A nonymous. 
 London printed in 1779 page 20, &c. 
 
 " The number of Negroe fiaves bartered for in one 
 " year (viz. 1 768 ), on the Coaft of Africa from C~pr 
 
( 30 ) 
 
 pic who have declared, " That all men 
 Bill of -are by nature equally** free and indepen- 
 igits, d cnt anc j } lavc made this declaration 
 the firft article in the foundation of their 
 government, (Iiould in defiance of fo fa- 
 cred a truth, recognized by themfelves in 
 fofolcmn a manner, and on fo important an 
 occafion, tolerate a practice incompatible 
 therewith, is fuch an evidence of the 
 weaknefs and inconfiftency of human na- 
 ture, as every man who hath a fpark of 
 patriotic fire in his bofom jnuft wifli to 
 fee removed from his own country. If 
 ever there was a caufe, if ever an occa- 
 fion, in which all hearts fliould be united^ 
 every nerve ftrained, and every power 
 exerted, furely the reftoration of human 
 nature to its inalienable right is fuch: 
 Whatever obftaclcs, therefore, may hi- 
 therto have retarded the attempt, he that 
 can appreciate the honour and happi- 
 nefs of his country, will think it time 
 that we fhould attempt to furmount 
 them. 
 
 But how loudly foever reafon, juflice, 
 
 " Blanco, to Rio Congo, amounted to 104,000 fouls, 
 " vdierecf more than half (viz. 53,000) were (hipped 
 " on account of Britifh merchants, and 6,300 on the 
 " account of Britiih Americans.'* The Law of Retri- 
 bution by Granviile Sharpe, Efq. page 147. note. 
 
( 3' ) 
 
 and. (may I not add) religion, (i) con- 
 demn the practice of fiavery, it is ac- 
 knowledged to have been very ancient, 
 and almoft univerfal. The Greeks, the 
 llomans, and the ancient Germans dfo 
 practifed it, as well as the more ancient 
 jews and Egyptians. By the Germans it 
 v/as tranfmittcd to the various kingdoms 
 which arofe in Europe out of the ruins of 
 the Roman empire. In England itfub- 
 fifted for fome ages under the name of 
 villeinage, (k) In Afia it feems to have 
 
 (i) See the various tracts en this fubjeft, by Gran- 
 ville Sliarpe, Efq. of London. 
 
 (k) The condition of a viUzln had moft of the inci- 
 dents I have before defcribed in giving the idea of 
 Jiavery, in general. His fervices were uncertain and 
 indeterminate, fuch as his lord thought fit to require ; 
 or as fome of our ancient writers cxprefs it, he knew 
 not in the evening what he was 'to do in the morning, 
 be was bound to do whatever he was commanded. 
 I TV: was liable to beating, iinprifonment, and every 
 other chaftifement his lord could devife, except killing 
 and nuimir.. Ke was incapable of acquiring pro- 
 perty for his own benefit ; he was himfelf the fubjecl 
 of property ; as fuch faleable and tranfmifiible. If 
 he was a villein regardant he paffed with the land. to 
 which he waj annexed, but might be fevered at the 
 will of Liu Lrcl ; if he was a villein in grofs, he was 
 a*.i hereditament, or a chattel real, according to his 
 lord's intereft ; being defcendible to the heir, where 
 ths bid wis abfolute owner, and tranfmifTible to tlie 
 
( r- > 
 
 been- general, and in Africa umverial,- 
 and fo remains to this day: In Europe it 
 hath long fince declined ; its firft declen- 
 iiori there, is faid ta have been in Spain, 
 
 executor where the lord had only a term of years in 
 h;:n. LrJlfy, the flav'ery extended to the LTue, if the 
 father was a villein, our law* deriving the condition of 
 the child from that of the father, contrary to the Re- 
 man law, in which the rule was, partus fequitur *ucni:trn. 
 Hargrave's Cafe of Negroe Somerfet, page 26 and 27. 
 
 The fame writer refers the cr'g'n of vafTalage.iu 
 England, principally to the. wars between the Britifh, 
 Saxon; ZXanifh, aad' Norman nations; c6nteirding for 
 the fovereignty of that country, in oppofition to the 
 opinion of judge Fitzherbert, who fuppofes villeinage 
 to have commenced at -the conqueft, Ib. 27, 28. 
 And this he proves from Spelman and other anti- 
 quaries. Ib. The writ ds native balendo, by which 
 the lord was enabled to recover his villein that 
 Ijad abfconded from him, creates a prefumption 
 that all the natives of England were at feme period 
 reduced to a flate of villeinage, the word natfous, 
 which iignified a villein, moil clearly defignating the 
 perfon meant thereby to be a native : this etymon is 
 obvious, as well from the import of the word natinms, 
 as from the hiilory of the more remote ages of Britain. 
 Sir Edward Coke's Etymology, " qti'ia plerumque 
 r.afciinfyir fervlj'' is one of thofe puerile conceits, which 
 fo frequently occur in his works, and are unworthy of 
 Ib great a man. 
 
 Barrington in his obfcrvations upon magna carta y 
 c. 4. obfei'ves, that the villeins who held by fervile 
 i enures were confidered as fo macy negroes on a fugar 
 plantation ; the words " tiler homo," in magna carta, 
 
f -i \ 
 V S3 / 
 
 ib early as the eighth century ; and it is. 
 alleged to have been general about 
 middle of the fourteenth, and was near 
 expiring in the. (ixteenth r when the cilice- 
 very of the American continent, and the 
 caftern and weitern coails of Africa gave 
 rife to the introduction of a new ipecies 
 of flavery. It took its origin from th<- 
 Fortugueie, who, in order to fupply the 
 Spaniard:, with perfons able to fuftain the 
 fatigue of cultivating their new poiiefiibns 
 in America, particularly the iflands, o- 
 pened a trade between Africa and America 
 "for the fale of Negroes, about the year 
 1508 . The expedient of having (laves for 
 
 c. 14. with all deference to fir Edward Coke, who 
 fays they mean a free-bolder, I underftand as meaning 
 a free man, ( i ) as contradiftinguiiued from a ollle'ni : 
 for in the very next fentence the words et villanys a;te- 
 rius quam nofter," occur. Villeinc mud certainly I 
 been mittierous at that day, to- have obtained a place in 
 the Great Charter. It is no lefs an evidence that the:', 
 condition was in a ilate of melioration. 
 
 In Poland, at this day, the peaiants feern to be i;: an 
 nbfolute (late of flavery, or at lead of villeinage, to the 
 r.obiiity, who are the land-holders. 
 
 ( I ) Liber homo, Sec. the title of freeman was for- 
 merly confined to the nolllity and gentry who were de-' 
 fcsnded of free anceftcrs. Burgh's Political Difquiii- 
 tions, vol. ili. p. 400, who cites Spelman's Gloifr.ry. 
 voc. Liber homo. 
 
 E 
 
( 34.) 
 
 labour was not long peculiar to the Spa> 
 niards, being afterwards adopted by other 
 
 * Har- European colonies :* .and though fome at- 
 tempts have been inade to flop its progreft 
 in moft of the United States, and feveral of 
 them have the faireft profp.eds of fuccefs 
 in attempting the extirpation of it, yet 
 in others, it hath taken fuch deep root, 
 as to require the xnoft ftrenuous exertions 
 to eradicate it. 
 
 The firft introduction of Negroes into 
 Virginia happened, as we -have already 
 mentioned, m the year 1620 ; from that 
 period to the year 1-662 there is no cont- 
 pilstion of cur laws, in print, now to IDC 
 met with. In the revifion made in that 
 year, we find an a& declaring that no 
 Englifhman, trader, or other, who fhall 
 bring in any Indians as fervants and af~ 
 fign them over to any other, .fhall fell 
 them for Jl&ucs^ nor for any other time 
 than Englifh of like age fhould ferve 
 
 f 1662. by acl of afiembly . t The fucceeding fef- 
 
 * J 3 6 * fion all children born in this country 
 were declared to be bond, or free, ac- 
 
 $ 1662. cording to the condition of the mother. 't 
 
 u conferring of baptifin doth not alter the 
 
 " condition of the perfon baptized, as to 
 
 1667, " his bondage or freedom." Thi^ was 
 
 C. 2. 
 
"*' that divers matters ffeecf fr 
 "" this doubfc may more eareftilly enr 
 ct vcwir the propagating of ChriiHanity, 
 tc by permitting their flakes to be bap- 
 " tized," It would have been happy for 
 tkds tndbrtujwite race of men if the 1L 
 tender regard for their bodies, ha-d always 
 manifefted itfelf in our laws, as is {hewn 
 foi' titeir foais: in> this aft. But this was 
 not the cafe for two years after, \v~ 
 meet with an acl, declaring, u That if 
 any flave refill Ms mafter, or others, l)v 
 his maker's orders corre-Jring him, and 
 hy the extremity cf th corre&ion ihould 
 ;ce to die, fuch death fliould not be 
 accounted felony : but the m'-after or other 
 perfon appointed by his mailer to punifli 
 him, be acquit from mo-leflation : ft?ice it 
 could n f ji be- prcrfhmed that prepsnfive ma- 
 Ike, which alone makes murder filony, 
 fliould induce any man to deftroy his own 
 cflate." (I) This cruel and tyrannical 
 
 (I) Among the Ifraelitec, according to the Mofaical 
 law, * ; If a man fmote b's fei-vant, or his maid, \rith a 
 od, and he died under his hand, he (hould furcly be 
 punilhed notvvithflanding if he continue a day or t\vq, 
 he fhould not be punifhed:' * far, faith the text, he )'s * 
 fits money* Our leglfiators appear to have adopted the c. 21 
 reafon of the latter claufe, without the humanity of the 
 -;cr port cf the hvr. 
 
 E 2 
 
* 1705. act,, xvas, at three different periods * re- 
 ?72 9 ' c ena( ^ e d) with very little alteration ; and 
 4. 1748, was not finally repealed till the year 
 ? rySB l7 ^ abov-e a century after it had firft 
 023. difgraced our code. In 1668 we meet 
 with the firft trcices of emancipation, in 
 an acl which fubjecls Negroe women fet 
 t- I ^68. f ree t o j-]u e ax on tithcables. Two " 
 / 1670. years after, an act paffed prohibiting In- - 
 ~ 5- dians or Negroes, manumitted, or other- 
 wife fet free, though baptized, from pur- 
 111670. chafing Ghriflian fervants, |j From this 
 acl it is evident that Indians had before 
 that time been made flaves, as well as Ne- 
 groes, though we have no traces of the 
 original acl by which they were reduced 
 to that condition. An acl of the fame 
 feflion recites that difputes had arlfen 
 whether Indians taken in war by any other 
 nation,, and by that natior. i-'cl t;- l^ic 
 Engiifli, . are. fervants for //R-, ; or. far a 
 term of years ^ and declaiing tliat.^il fet- 
 vanis, not being Chriftians, imported into 
 tliis ^country by fiiipf :?.., iliall te f laves 
 for their liib-time biit that what ilialL 
 come by land, Iliall ici^'-e, if boys and 
 girls, until thirty years of a.gc ; If men 
 and wpruen tv/elve years, . ai:d 1:0 longer. 
 On a.. rupture \vith the Indians hi the year 
 1679 "it :: vras. : forliie fetter tucc-UTcgev:^ t 
 
( 37 ) 
 
 -, declared that what Indian pri- 
 ibners fhoidd be taken in Tuzr fhoiild be 
 free pur chafe to the foldier takfn? tl\?zi . * l6 79- 
 Three years after it was declared that all 
 fcrvants brought into this country by fea 
 or land, not being ChrilHans, whether Ne- 
 groes, Moors, mulattoes or Indians, except 
 Turks and Moors in amity with Great 
 Britain, and all Indians which fhoulci 
 thereafter be fold by neighboiirin?" Indi- 
 ans, or any others trafficking with us, as 
 ilavcs, fliould be (laves to all intents and ' 
 purpoies. f This aft was re-ena&ed in f 1682. 
 the year 1705, and afterwards in 1753? ?"j" I( I ^. 
 nearly in the fame terms. In 1705 an c. 49. 
 2tl v/as made, authorifing a free and open ^ ' 
 trade for all perfcns, at all times, and at 
 all place:;, with all Indians v/hatfocyer. 1705. 
 On the authority of this a6r: ? the general c * 52 " 
 court i in April term 1787 decided that ro 
 
 brought into Virginia iince the 
 ''TIT thereof, nor their dcicendants, 
 
 ^L O ' 
 
 can : Le Cave: in this corLmonY/calth. (:?:} 
 
 (r.i) Hannah and cth^r ladiuns, a^iin^l, D^vic. 
 Sincj thic ddjudicationj I have met with a iiiar.ufr.'i'ot 
 aft of aff^mbl^ made in r^oi. c, 9. entiti:!jc y **An 
 Aft for a free Trade with Indians," the enafthj cbiilo" 
 or \vhich is in the veryv/ordsof.the aft cf 1705. c. 5^. 
 A fimilar title to an aft of that fefllon occurs i:: : ! 
 edition of 1733-. p. 94. and the chapter is numbered 
 2*, -i th: nii."u.Ccnot. If this ma-ufcript be authentic 
 
v 
 
 C. I. 
 
 In October 1778- the general srTcmbty 
 p?*#ed the firfl && which- occurs in our 
 code for prohibiting the importation of 
 /& flaves;* tiiereby declaring that no flay e. 
 fhoild. thereafter be. brought into this 
 ccisa^oKwealth by land, or by v/ater; 
 and that every Have imported contrary 
 thereto, fiiould-. upon fueh importation be 
 free : with an exception as to fuch as might 
 belong to perfons migrating from the 1 
 other ftates, or be claimed by defcent, 
 cleviie^ or marriage, or be at that time 
 the actual property of any citizen of this 
 commonwealth, r eliding in any other of 
 the United States, or belonging to tra- 
 vellers making a transient flay, and car- 
 rying their fiaves away with them. In 
 1705 this, act unfortunately underwent 
 iaine alteration, by declaring that {laves 
 li.:.veafLer brought into- this common-, 
 v, calth, and kept therein one whole year 
 < Aether ^ or ib long at different times as 
 iaali amw.nt to a year, {hall be free. Ey 
 
 ( which there is feme reafqn to prefume, it heing ccpieii 
 ill feme bb.nk leavco at the end of Purvis's edition, 
 ciiu apparently \vr-ttcn i-.bout the time of the pa-flage 
 of 0.iC aQ), it v;culd' fetm that no Indians brought 
 into Virginia for more than a century, nor any of their 
 defcer.dcr.ts, can be retaioed in fiavery in this 
 
( 39 ) 
 
 this means the difficulty -of proving t 
 right to freedom will be not a little 
 rnented : for the fact of the firfi imp3rta- 
 tion, where the right to freedom. Im-iie- 
 diately enfued, might have been always 
 proved without difficulty ; but where a 
 flave is fuhject to removal from place to 
 place, and his right to freedom is poll- 
 poned for fo long a time as a whole year, 
 or perhaps fever al years, the provifions 
 in favour of liberty may be too eaiily 
 evaded. The fame act declares that no 
 perfons mail thenceforth be flaves in this 
 commonwealth, except fuch as were fo 
 on the firft day of that fe:1ion (Oct. 17 tl^ 
 1785), and the defcendants of the females 
 of them. This a was re-enacled in thfe 
 
 revifal made in 1792. * In 1793 an addi " * f Seea<rts 
 
 or i "j 9*f ' 
 tional acl pafTed, authorifmg and requir- c . 103. 
 
 ing any juftice of the peace having notice 
 
 of the importation of any flaves, dircbly 
 
 or indireclly, firoin any part of Africa or 
 
 the Weft Indies, to caufe fuch {lave to be 
 
 immediately apprehended and tranfportecl 
 
 out of the commonwealth. ( Such is the t "Edit, of 
 
 rife, progrefs, andprefent foundation of 
 
 Slavery in Virginia, fo far as I have been 
 
 able to trace it. The prefent number of 
 
 fkves in Virginia, is immenfe, as appears 
 
 by the cenfus tafccn in 1/91, amounting 
 
 
to no lefs than 292,427 fouls : nearly two- 
 fifths of the whole population of the com- 
 monwealth, (n) We may confole our- 
 felves with the hope that this proportion 
 
 (n) Although it be true that the number of flaves 
 in the vvfjcle ilate bears the proportion of 292,427, to 
 7 7,610, the whole number of fouls in the ilate, that 
 is, nearly as t<wo tdjtvf ; yet this proportion is by no 
 means uniform throughout the ilate. In the forty-four 
 counties lying upon the Bay* and the great rivers of 
 the fcate, and comprehended by a line including Bru.nf- 
 xviek, Cumberland, Goochland, Hanover, Spottfylva- 
 nia, Stafford, Prince William and Fairfax, and the 
 counties eailward thereof, the number of flaves is 
 196,542, and the number of free perfons, including 
 free Negroes and mulattoes, 198,371 only. So that 
 -,the blacks in that populous and extenfive diftri& of 
 country are more numerous than the whites. In the 
 fecond ckfs, comprehending nineteen counties, and 
 extending from the laft mentioned line to the Blue 
 Ridge, and including the populous counties of Frede- 
 rick and Berkeley, beyond the Blue Ridge, there are 
 82,286 flaves, and 136,251 free perfons ; the number 
 of free perfons in that clafs not being two to one, to 
 the flaves. In the third clafs the proportion is confi- 
 derably increafed ; the eleven counties of which it 
 confjfts contain only 11,218 ilaves, and 76,281 free 
 perfons. This clafs reaches to the AJlegany ridge of 
 mountains : the fourth and laft clafs, comprehending 
 fourteen counties weftward of the third clafs, contains 
 only 2,381 flaves, and 42,288 free perfons. It is ob- 
 vious from this ilatcment that almoft all the dangers 
 and inconveniences which may be apprehended from 
 z ft ate' of flavery on the one hand, or an attempt to 
 
( 4* ) 
 
 not increaie, the further ivn per :Lr; 
 of iiavcs being prohibited, -wltiiit the i' 
 migrations of white people hither is en- 
 couraged. But this hope alfords no other 
 relief from the evil of flavery, than a di- 
 minution of thole apprchenfions which 
 are naturally excited by the deter 
 fo- large a number of. opprcfTed individuals 
 a:nong'. : us, and the poiiibiilty that they 
 may one day be roufed to a:i attempt to 
 fhake off their chains. 
 
 Whatever inclination the i>rit inhabi- 
 tants of Virginia might have to encourage 
 {lavery, a dlrpoHtion to check its progrefs, 
 and increafe, manifefted itfelf in the le- 
 giflature even before the clofe of the laft 
 century. So long ago as the year 1669 
 we find the title of an act, * laying an im- * Edit, of 
 pofition upon Jervants , and flccucs., ini- J 733* c * 
 ported into this country ^ wliich was ei- 
 ther continued, revifed, or incrcafed v by 
 a variety of temporary acls, palled be- 
 tween that period and the revolution in 
 \7j6.(o} One of thefe acts pafTed in 
 1723, by a marginal note appears to have 
 been repealed by proclamation, Oct. 2-4, 
 
 abolifh it, on the other, will be confined to the people 
 caftward of the blue ridge of mountains. 
 
 (o) The follcy,\;ig is a lift of the ats, or titles of 
 a&s, irnpofing duties on flaves. imported, .which occur 
 
 F 
 
( 4* } 
 
 In 1732 a duty of five per c< me. 
 was laid on Haves imported, to be paid 
 by the buyers ; a meafure calculated to 
 
 in the various compilations of our laws, or in the 
 
 Seffions Acts, or Journals. 
 
 l6'99, c. 12. title only retained. Edit, of 1733, p. 1 1 $ 
 1701, c. 5. the fame, - n 
 
 1704, c. 4. the fame, - 122 
 
 . 1705, c. i. the fame, - - 126 
 
 1710,0. i. the fame, - * 239 
 
 3712, c. 3. the fame, - 282 
 
 3723, c. i. repealed by proclamation, 333 
 
 1727, c. i. enacted with a fufpending claufe, 
 
 and the royal aiTent refufed, - 376 
 
 1732, c. 3. printed at large, - 46^ 
 
 1734, c. 3. printed at large in Seffions A&s. 
 1736, c. i. the fame. 
 1738, c. 6. the fame. 
 1740, c* 2. the fame. 
 1742, c. 2. the fame. 
 
 From this period I have not been able to 
 
 refer to the Seffions A&s. 
 1 752, c. i. printed at large in the edit, of 1769, 281 
 
 1754, c. i. the fame, - 319 
 
 1755, c. 2. SefTicns Ads. Ten per cent> in ad- 
 dition to all former duties. 
 
 1759, c - I- printed at large, edition of 1769, 369 
 1763, c. i. Journals of that fefilon. 
 1 766, c. 3, 4. printed at large, edit, of 1 769, 461, 462 
 c. 15. additional duty, the title only is 
 
 printed, being repealed by the crown, Ib. 473 
 1769, c. 7, 8, and 12. title only printed, edition 
 
 of 1785, - - 6, 7 
 
 1772, c. 15. title only printed, - Ibidem, 24 
 
render rt as little obnoxious as polnble to 
 the Englifh merchants trading to Ani n, 
 and not improbably fug gelled by them, to 
 the privy council in England. The pre- 
 amble to this aft is in thefe remarkable 
 words, cc We your majefty's moll tiuti- 
 " ful and loyal fubjefts, Sec, taking into 
 ;; our ferious coniideration the exigencies 
 ic of your government here, and that the 
 '" duty laid upon liquors will not be fuf- 
 " ficient to defray the necenary cypences 
 4t thereof, do humbly rcprefent to your 
 c majefty, that no other duty can be laid 
 c upon our import or export, without 
 c opprefling your fubjefe, than a dnty 
 < upon flcwes imported^ to be paid by 
 ' the buyers, agreeable to your mak'fty's 
 tc in fl ructions to your lieutenant gover- 
 * c nor." This ace was only for the fliort 
 period of four years, but feems to have 
 been continued from time to time till 
 the year 17^1, when the duty expired, 
 but was revived the next } T ear. In the 
 year 1740 an additional duty of five per 
 cent, was impofed for four years, for the 
 purpoie of an expedition againft the Spa- 
 niards, &c. to be likewife paid by the 
 buyers :" and in 1742 the whole duty was 
 continued till July i, 1747. The aft of 
 1752, by \yliich thefe duties were revived 
 
 F2 
 
( 44 ) 
 
 continued (as well as feveral former 
 acts), takes notice that the duty had been 
 found no -ways bur den/ erne to the traders in 
 flaves. In 1754 an additional duty of five 
 per cent, was impofed for the term of three 
 years, by an aft for encouraging and pro-- 
 teftin i the fcttlers on the Mi&fippi : this 
 duty, like all the former, was to be paid by 
 the juyers. In 1759 a duty of 20 per cent, 
 was inipofed upon ail {laves imported into 
 Virginia from Maryland, North Carolina, 
 or other places in America, to continue 
 for feven years. In 1769 the fame duty 
 was further continued. In the fame fe* 
 on the duty of five per cent, was conti- 
 nued for three years, and an additional' 
 duty often per cent, to be likewife paid 
 .by the buyers, was hnpofdd for feven 
 years ; and a further duty of five per 
 cent, was, by a feparate ad of the fame 
 .feflion, impofed for the better fupport oi ? 
 the contingent charges of government, to 
 .be paid by the buyers. In 1772 all theie 
 duties were further continued for the term 
 of five years from the expiration of the 
 afts then in force : the afTembly at the 
 .fame time .petitioned the throne, (p.) 
 
 (p) CC/ 3 The following extraft from a petition to 
 
 the throne, prefented from the hcufe of burgeiTes of 
 
 'Virginia, April I, 1772, will fhcw the fenie of the 
 
( 4! ) 
 
 t$ remove all thojb rejlraints which inhibited 
 his majefty's governors afTenting to fucli 
 'laws as might check Jo very pernicious a < 
 merce^ as that of fiavcry. 
 
 people of Virginia on the fubjeft of flavery at that 
 period. 
 
 " The many inilances of your majeily's benevo 1 t 
 intentions and more gracious difpofition to ]>**; ote 
 the profperity and happinefs of your fubjects m the 
 colonies, encourages us to look up to the throne, and 
 implore your majefty's paternal afiiftance in averting a 
 calamity of a moft alarming nature." 
 
 " The importation of Haves into the colonies From 
 the coaft of Africa hath long been confide/ed ?s a 
 trade of great inhumanity, and under its prefcnt er-LO-t- 
 ragemenf, we have too much reafon to fear will en- 
 J.nngcr the very exijlence of your m^jeily's Ameiic.in 
 dominions." 
 
 " We are fenfible that feme of your majefly's fub- 
 jcfts of Great Britain may reap emoluments from til's 
 fort of traffic, but when we confider that it greatly 
 retards the fettlement of the 'colonies, with ntsrj yffcl 
 inhabitaot$ and may, in time, have the mofe ddlruftive 
 .influence, \ve prefume to hope that the uilercjl cf a fiw 
 vill be difregardwd -when placed i:i competition with 
 the fccurity and happinefs of fuch numbers of your 
 majcfty's dutiful and loyal fiftje&s." 
 
 Deeply imprefled with thefe fentiments, we moft 
 humbly befeech your majefty to rtwueall tkofc rylraints 
 OTI your majcfty's governors of this colony, -z:-^^ in- 
 hibit their cjjer.t'^ to fuch Lvu s a; triiglt check fo' *osr^ 
 pernicious a co;?'.ir.srcs." Journals of the Koufe cf 
 JBur:;-efies, page 131. 
 
 This petition produced no eSjft, as r-p-- 
 
( 46 ) 
 
 In the conrfe of this enquiry it is eafy 
 to trace the dcfire of the legiflature to 
 ptit a flop to the further importation of 
 f-aves ; and had .not this defire been uni- 
 formly oppofed on the part of the crown, 
 it is highly probable that event would 
 have taken efleft at a much earlier period 
 than it did. A duty of five per cent, to 
 be paid by the buyers, at firft, with diffi- 
 culty obtained the royal afTent. Requhl- 
 lions from the crown for aids, on parti- 
 cular occafions, afforded a pretext from 
 time to time for incrcafing the duty from 
 five, to ten, and finally to twenty per 
 cent, with which the buyer was uniformly 
 made chargeable. The wifhes of the 
 people of this colony, were not fufficient 
 to counterbalance the intereil of the Eng- 
 li'h merchants, trading to Africa, and it 
 is probable, that however difpofecl to put 
 a flop to fo infamous a traffic by lav/, 
 we ihould never have been able to effecl 
 it, fo long as we might have continued 
 dependant on the Britifh government : 
 an objecl liiflicient of itfclf to juflify a 
 
 the fiiTc claufe cf our CONSTITUTION, where among- 
 oilier ats of mifir.k, " the inhuman ufe of the royal 
 negative" in refilling us permiffion to exclude fiaves 
 from among us by law, is enumerated, ar;;cr.g the 
 ivr^fo;^ i'^jipjir^'ir.g from Great Briitln. 
 
( 47 ) 
 
 revolution. That the le-Hikture of Vir- 
 ginia were fincerely difpoicd to put a flop 
 to it, cannot be doubted ; for even dur- 
 ing the tumult and confulion of the revo- 
 lution, we have feeu that they availed 
 themfelves of the earlieft opportunity, to 
 cruih for ever fo pernicious andinfamo. s 
 a commerce, by an acl patted in Oclober 
 1778, the penalties of which, though ap- 
 parently leiTened by the a6c of 1792, are 
 ftiil equal to the value of the (lave ; being 
 two hundred dollars upon the importer., 
 and one hundred dollars upon every per- 
 fon buying or felling an imported fiavc. 
 
 A fyfhem uniformly penifred in fofr 
 nearly a whole ceatury, and fin-ally car- 
 ried into effect, fo fc<pn as the legiflature 
 was unreftraiiie I by u the inhuman ex- 
 ercife of the royal negative," evinces tlit 
 fmcerity of that difpo r ition which the le- 
 .giflature had fhewn during b long a pe- 
 riod, to put a check to the growing evil. 
 From the time that the duty was raifed 
 above five per cent, it is probable that the 
 importation of flaves into this colony 
 decreafed. The demand for them in the 
 more fouthern colonies probably contri- 
 buted alfo to leiTen the numbers imported 
 into this : for fonie years immediately pre- 
 ceding the revolution, the importation, of 
 
( 48 ) 
 
 flaves into Virginia might almoft be con- 
 fidered as at an end ; and probably 
 would have been., entirely fo, if the inge- 
 nuity of the merchant had not found out 
 the means of evading the heavy duty, by 
 pretended fales, at which the flaves were 
 bought in by fbme friend, at a quarter of 
 their real value. 
 
 Tedious and unentertaining as this de- 
 tail may appear to all others, a citizen of 
 Virginia will feel fbme fatisfaftion at 
 reading fo clear a vindication of his coun- 
 try, from the opprobrium, but too la- 
 vifuly beftowed upon her of foflering 
 flavery in her bofom, whilft me bo ails a 
 facred regard to the liberty of her citi- 
 zens, and of mankind in general. The 
 acrimony of fiich cenfiires muft abate, at 
 leafl in the breads of the candid, upon arx 
 impartial review of the fubjed: here 
 brought before ,thein ; and if in addition 
 to what we have already advanced, they 
 coniider the difficulties attendant on any 
 plan for the abolition of flavery, in a 
 country where fo large a proportion of the 
 inhabitants are flaves ; and where a ftill 
 larger proportion of the cultivators of the 
 earth are of that defcription of men, they 
 will probably feel emotions of fympathy 
 and corkipafiion, both for the flave and for 
 
( 49 ) 
 
 his mailer, flicceed to thofe hafty preju- 
 dices, which even the beft difpofitions are 
 not exempt from contracting, upon fub- 
 jecls where there is a deficiency of infor- 
 mation. 
 
 We are next to confider the condition 
 of flaves in Virginia, or the legal confe- 
 quences attendant on a ftate of iiavery in ' 
 this commonwealth ; and here it is not 
 my intention to notice thofe laws, which 
 condder flaves, merely as property, and 
 have from time to time been enacted to 
 regulate the difpofition of them, as fuck ; 
 for thefe will be more properly confidered 
 elfewhere : my intention at prcfent is 
 therefore to take a view of fuch laws, 
 only, as regard flaves, as a dirfinft cla; 
 of peffbns\ whofe rights, if indeed they 
 pofTefs any, are reduced to a much nar- 
 rower compafs, than thofe, of which we 
 have been (peaking before. 
 
 Civil rights, we may remember, are 
 reducible to three primary heads ; the 
 right of perfonal lecurity ; the right of 
 perfona! liberty ; and the right of private 
 property. In a ftate of flavery the two 
 lafl arc wholly aboliflied, the perfon of 
 the Have being at the abfolute difpofal .of 
 his matter ; and property, what he is 
 capable, in that flatc, either "of Acquiring, 
 G 
 
( 5 ) 
 
 or holding, to his own ufe. Hence it 
 will appear how perfectly irreconcilable a 
 ftate of flavery is to the principles of a 
 democracy, which form the baft svnid. foun- 
 dation of our government. For our bill 
 of rights declares, '" that all men are by 
 " nature equally free and independent, 
 " and have certain rights of which they 
 " cannot deprive or diveft their pofterity 
 4C namely, the enjoyment of life and 
 " liberty, with the means of acquiring 
 " and poffeffing property." This is in- 
 deed no more than a recognition of the 
 firfl principles of the law of nature, which 
 teaches us this equality, and enjoins very 
 man, whatever advantages he may pofTefs 
 over another., as to the various qualities 
 or endowments of body or mind, to prac- 
 tice the precepts of the law of nature to 
 thofe who are in thefe refpecls his inferi- 
 ors, no lefs than it enjoins his inferiors to 
 practife them towards him. Since he has 
 no more right to iniult them, than they 
 have to injure him. Nor does the bar? 
 unkindnejs of nature or of fortune con- 
 demn a man to a iv&rfe condition than 
 others, as to the enjoyment of common 
 *'Spav- privileges. * It would be hard to recon- 
 an'sPuiT. c j e re( i uc i n g the Negroes to a^flate of 
 17. flavery to thefe principles, unlefs we firft 
 
( 5' ; 
 
 dfegrade them below the rank of human 
 beings, not only politically, but alfo 
 phyfically and morally. The Roman law- - 
 yers look upon thofe only properly as 
 fcrfons^ who are/n?<f, puttingyS^J into 
 the rank of goods and chattels ; and the 
 policy of our legislature, as well as 
 the pra&ice of flave-holders in America 
 ki general, feems conformable to that 
 idea : but furely it is- time we mould ad- 
 mit the evidence of moral truth, and lern 
 to regard them as our fellow men, and 
 equals, except in thofe particulars where 
 accident, or perhaps nature, may have 
 given us fomc advantage ; a recompence 
 for which they perhaps enjoy in other 
 refpedts . 
 
 Slavery, fays Har grave, always im- 
 ports an obligation of perpetual fervice, 
 which only the confent of the matter can 
 diffob/e : it alfo generally gives to the 
 mafter an arbitrary power of adminiftring 
 every fort of correction, however inhu- 
 man, not immediately affecting life or 
 limb, and even thefe in fome countries, 
 as formerly in Rome, and ?t this day 
 among the Afiatics and Africans, are left 
 cxpofed to the arbitrary will of a mafter, 
 or protected only by fines or other flight 
 .punifnrnents. The property of the Have 
 G 2 
 
alio is abfolutely the property of his 
 matter, the fiave himfelf being the fub- 
 jecc of property, and as fuch faleahle, or 
 tranfmifiible at the will of his matter. A 
 flavery, fo malignant as that defcribed, 
 does not leave to its wretched victims the 
 lead vefiige of any civil right, and even 
 di veils them of all their natural rights. 
 It does not, however, appear, that the 
 rigours of flavery in this country were 
 ever as great, as thofe above defcribed: 
 yet it mutt be confeiTed, that, at times, 
 they have fallen very little fhort of them. 
 The firft fevere law refpecling flaves, 
 now to be met with in our code, is that 
 of 1669, already mentioned, which de- 
 clared that the death of a flave refi fling 
 his matter, or other perfon correcting him 
 by his order, happening by extremity of the 
 correction, fho'uld not be accounted felo- 
 isy. The alterations which this law un- 
 * 1705. derwent in three fucceffive acts, * were 
 172?* c kv no means calculated effectually to mi- 
 4. 1748. tigate its feverity ; it feems rather to 
 have been augmented by the aci of 1723, 
 which declared that a perfon indited for 
 the murder of a flave, and found guilty 
 of vnanfiaughteF^ mould not incur any pu- 
 iiifhmcnt for the fame, (q) 
 
 (a) In December term 1788, one John Hufton 
 
( 53 ) 
 
 All thefe acts were at length repealed 
 in 1788. * So that homicide of a (lave * 1788. 
 Hands now upon the fame footing, as in 2 
 the cafe of any other perfon. In 1672 it 
 was declared lawful for any perfon pur- 
 fuing any runaway Negroe, mulattoe, In- 
 dian (lave,' or Jervant for life, by virtue 
 of an hue and cry, to kill them in cafe of 
 refiilance, without being queftioned for 
 the fame, t A few years afterwards this t l6 7 2 - 
 act was extended to perfons employed to 
 apprehend runaways. ! In 1705, thefe acts J 1680. 
 underwent feme fmall alteration ; two c ' 
 juftices being authorifed by proclamation 
 to outlaw runaways, who might thereafter 
 be -killed and deilroyed by any perfon 
 whatfoever, \yyjuch Mays and means as he 
 may think fit, without accufation or im- 
 peachment of any crime for fo doing : 1705- 
 And if any fuch Cave were apprehended, c ' '- 
 he might be puniflied at the discretion of 
 the county court, either by dif>ner,tberin<: , 
 or in any other manner not touching life. 
 
 was tried in the general court for the murder of a 
 fla-ve ; the jury found him guilty of manfiaughter, and 
 the court, upon a motion in arrefl of judgment, dif- 
 chargcd him without any punifnment. The general 
 aflembly being then fitting, forpe of the members of 
 the court mentioned tlie cafe to fame leading characters 
 in the legiflature, and the a& was at the ime fcfilon 
 repealed. 
 
C *f ) 
 
 The inhuman rigour of this aft wasvaf- 
 * 1723. terwards * extended to the venial offence 
 ivts. c. ^ S* n g a ^road by night, if the flave was 
 31. notorioujly guilty of it. Such are the cru- 
 
 elties to which a ftate of flavery gives 
 birth ; iuch the horrors to which the hu- 
 man mind is capable of being reconciled^ 
 by its adoption. The dawn of humanity 
 at length appeared in the year 1769, when 
 the power of difmembering, even under 
 the authority of a county court, was re- 
 fbrifted to the fmgle offence of attempting 
 f 1769. to ravifh a white woman r t in which cafe 
 perhaps the pusiimment is perhaps not 
 more than commenfurate to the crime ^ 
 In 1772 fbme reftraints were laid upon 
 the practice of outlawing (laves, requiring 
 that it fhould appear to the fat is fa fit on of 
 the juflices that the flaves were outlying, 
 J 1772. and doing mij chief, t Thefe loofe expref- 
 c - 9- ficns of the acl, left too much in the 
 difcretion of men, not much addicted to 
 weighing their import. In 1792, every- 
 thing relative to the outlawry of flaves 
 Edit. was expunged from our code, and I trufl 
 
 J794- c - will never again find a place in it. By 
 103. 
 
 the aft of 1680, a Negroe, mulattoe, 
 
 or Indian, bond or free, prefuming to lift 
 his hand in oppofition to any Chriftian, 
 ftiould receive thirty lafhes on his bare 
 
( 55 ) 
 
 back for every offence. * The fame aft * 1680, 
 -prohibited flaves from carrying any club, j" *?" 
 ftaff, gun, fword, or other weapon, of- 
 fenfive or defenfive. This was after- 
 wards extended to all Negroes, mulattoe* 
 and Indians whatfoever, with a few ex- 
 ceptions in favour of houfekeepers, refi- 
 -dentson a frontier plantation, andfuch as 
 were enlitted in the militia, t Slaves, f 1723- 
 by thefe and other a<H:s, T are prohibited J" ^ ' 
 from going abroad without leav e in writ- c. 49. 
 ing from their mailers, and if they do, *j 
 may be whipped: any perfon fuffering ac. 31. 
 Have to remain on his plantation for four * 
 hours together, or dealing with him with- c. 77. 
 out leave in writing from his matter, is 
 fubjecl to a fine. A runaway (lave may 
 be apprehended and committed to jail, 
 and if not claimed within three months 
 (being firtt advertifed) he fliall be hired 
 out, having an iron collar firtt put about 
 his neck: and if not claimed within a 
 year fliall be fold. Thefe provifions were j 1 753. 
 in general re-enacted in 1792, (j but the <_?. 
 puniihment to be inflicted on a Negroe or I794 . c . 
 mulattoe, for lifting bis hand againtt a I0 3* 1 3 I - 
 white perfon, is rettri&ed to thofe cafes, 
 where the former is not wantonly afTault- 
 ed. In this art the word Indian appears 
 -to have be.en defignedly omitted : the 
 
(. 5$ ) 
 
 final 1 number of thefe people, or their 
 clefcendants remaining among us, concur- 
 ring \vith a. more liberal way of thinking, 
 probably gave occafion to this circum- 
 ihmce. The aft of 1748, c. 31, made it 
 felony without benefit of clergy for a Have 
 to prepare, exhibit, or admin ifter any 
 medicine whatever, without the order or 
 confent of the mailer ; but allowed clergy 
 if it appeared that the medicine was not 
 adminiitered with an /'// intent ; the adl 
 of 1792, with more juitice, direcls that 
 * Edit, in fuch cafe he mail be acquitted. * To 
 '^' c * confult, advife, or confpire, to rebel, or 
 to plot, or confpire the death of any per- 
 fon whatfoever, is ftill felony without be- 
 j. !-;$. nent of clergy in a flave. Riots, routs, 
 c - 3 1 - unlawful affemblies, trefpaffes and fedi- 
 jc?f" tious fpeeches by {laves, are punifliable 
 with flripes, at the difcretion of a juftice 
 J 1785. of the peace/: The mailer of a flave 
 c 77 ' Dcrmlttinq; him .to ^o at large and trade 
 
 T '"'O 1 C* *~^ 
 
 10^,. S3 a freeman, is ihbjecl: to a fine ; and 
 1769. --j, e fu^ rs the (lave to hire himfelf out, 
 
 C. IQ. 
 
 May the Utter may be fold, and twenty-five 
 
 1 7 82. c. , cn t a o f +^Q nrice be cT5Dlied to the ufe 
 
 C3. i79/;. r 
 
 ib. ' of the county. Negroes and mulattoes, 
 
 whether (laves or not, are incapable of 
 being v/itnelTes, but againfl, or between 
 NcTroc3 and mulattoes 5 they are not per- 
 
( 57 ) 
 
 mitted to intermarry with any white per- 
 fon ; yet no punifhraent is annexed to the 
 offence in the (lave ; nor is the marriage 
 void ; but the white perfon contracting the 
 marriage, and the clergyman by whom it 
 is celebrated are liable to fine and impri- 
 Jfonment ; and this is probably the only 
 inflance in which our laws will be found 
 more favourable to aNegroe than a white 
 perfon. Thefe provifions though intro- 
 duced into our code at dLTerent periods, 
 were all re-enacted in 1792. * * Edit, cf 
 
 From this melancholy review it will 
 appear that not only the right of property T 
 and the right of perfonal liberty, but even 
 the right of perfonal fecurity, has been, 
 at times, either wholly annihilated, or 
 reduced to a fliadow : and even in thefe 
 days, the prote-flion of the latter feems to 
 be confined to very few cafes. Many ac- 
 tions, indifferent in themfelves, being 
 permitted by the law of. nature to all 
 mankind, and by the laws of fbclety to 
 all free perfons, are cither rendered highly 
 criminal in a flave, or fubjecl: him to ibme 
 kind of punifhmeat or reftraint. Nor is 
 it in this refpeft only, -that his condition 
 is rendered thus deplorable by law. The 
 meafure of pimi/hment for the fame of- 
 fence, is often, and the manner of trial 
 H 
 
( 5* ) 
 
 and conviction is always, different in the . 
 cafe of a {lave, and a free-man. If the 
 latter be accnfed of any crime, he is en- 
 tktuled to an examination .before the court 
 of the county where the offence is alleged 
 to have been committed ; whofe decifion, 
 if in his favour, is held to be a legal and 
 final acquittal, but it is not final if againft 
 him ; for after this, both a grand jury, 
 and -a petit jury of the county, muft fuc- 
 ceilively pronounce him guilty ; the for- 
 mer by the concurrent voices of twelve 
 at leaft, of their body, and the latter, by 
 their unanimous verdift upon oath. Ke 
 may take exception to the proceedings a- 
 gainfl him, by a motion in arreft of judg- 
 ment ; and in this cafe, or if there be a 
 fpecial verdicl, the fame unanimity be- 
 tween his judges, as between his jurors, 
 is neceiTary to his condemnation. Laftly, 
 though the punifliment which the law 
 pronounces for his offence amount to death 
 itfelf, he fhall in. many cafes have the be- 
 nefit of clergy, unlefs he has before re- 
 teived it. But in the cafe of a flave, the 
 mode was formerly, and flill remains e- 
 fentially clifFerent. How early this di- 
 tin<Slion was adopted J have not been able 
 tt> diicover. The title of an acl: occurs, 
 * 1705- v/iikh paffed in the year ijt>5* for the 
 
 C. II. * 
 
fpeedy and eajy profecution of fiaves corn- 
 mt&tin-g capital crim-es. In 1723 - * the go- * 1723, 
 vcrnor was authorized, whenever any c * 4- 
 fiave was committed for any capita! of- 
 fence, to ifFue a fpccial conimi'Iion of 
 oyer and terminer, to Juch perjbns as hf 
 fiiould think^ fit, the number being left to 
 his difcretion, who mould thereupon pro* 
 ceed to the trial of fuch (lave, taking for 1 
 evidence the confeffion of the defendant, 
 the oath- of one or more credible witneiTcs, 
 or Rich teflimony of Negroes, mulattoes, 
 or Indians, bond or free, with pregnant 
 circumftances, as to them mould feeni 
 convincing, without the foleinnity of a 
 jury. No exception, formerly, could be 
 taken to the proceedings, on the trial of 
 a flave, t but that provifo is omitted in f 1748. 
 the aft of 1792, and the juftices moreover c * 3I * 
 feem bound to allow him counfel for his 
 defence, whofe fee mail be paid by his 
 mafter. t In cafe of conviction, execution \ Edit. 
 of the fentence was probably very fpeedily 
 performed, fince the acl of 1748, pro- 
 vides that, thereafter, it fliould not be 
 performed in lefsthan ten days, except in 
 cafe of infurrctfUon or rebellion . aad fur- 
 ther, that if the court be divided in opi- 
 nion the accufed mould be acquitted. In 
 1764, an ad pa-ded, authorizing general, 
 H 2 
 
in-flead of fpecial, cornmiifioners of oycr 
 * 1764. and terminer,* conflicting all the jut 
 tices of any county, judges for the trial of 
 fiaves, committing capital offences, within 
 their refpective counties ; any four of 
 whom, one being of the quorum, fhould 
 conflitute a court for that purpofe. In 
 1772 one fjep further was made in favour 
 of humanity, by an act declaring that no 
 fiave fhould thereafter be condemned to 
 die unlefs four of the court fhould concur 
 t i77 2 - in opinion of his guilt, t The act of 
 1786, c. 58, confirmed, by that of 1792, 
 coni'titutes the juflices of every county 
 and corporation juflices of oyer and ter- 
 t Edit, miner for the trial of (laves; I requires 
 ll 9 ^' C * 'fi vc juflices, at lealc, to conflitute a court, 
 and unanimity in the court for his con- 
 demnation ; allows him counfel for his 
 defence, to be paid by his owner, and, I 
 apprehend, admits him to object to the 
 .proceedings againfc him ; and finally en- 
 larges the time of execution to thirty days, 
 initcad of ten (except in cafes of confpi- 
 racy, infurrecticn, or rebellion), and ex- 
 '-tends the benefit of clergy to him in all 
 -ccfes, where any other perlbii fliould have 
 -the benefit thereof, except in the cafes 
 before mentioned. 
 
 To an attentive obferver thcfe gradual. 
 
( 61 ) 
 
 and almoft imperceptible amendments in 
 our jurifpru deuce respecting fiavcs, will 
 be found, upon the whole, of infinite im- 
 portance to that unhappy race. The 
 mode of trial in criminal cafes, efpecially, 
 is rendered infinitely more beneficial to 
 them, than formerly, though perhaps fliil 
 liable to exception for want of the aid of 
 a jury : the folemnity of an oath adrni- 
 niftered the moment the trial commences, 
 may be considered as operating more for- 
 cibly on the mind, than a general oath of 
 office, taken, perhaps, twenty years be- 
 fore. Unanimity may alfo be more rea- 
 dily expected to take place among five 
 men, than among twelve. Thefe objec- 
 tions to the want of a jury are not with- 
 out weight : on the other hand it may be 
 obferved, .that if the number of triers be 
 not equal to a full jury, they may yet be 
 -confidered as more {elect ; a circmiiilance 
 of infinitely greater importance to the (lave. 
 The unanimity requifite in the court in 
 -order to conviction, is a more happy acqui- 
 fiticn to the accufed, than may at Srft 
 appear ; the opinions of the court muftbe 
 delivered openly, immediately, and feri- 
 atim, beginning with the youngefl jadge. 
 A fingle voice in favour of the accufed, 
 is an acquittal ; for unanimity is not ne- 
 
( 62 ) 
 
 ceffary, ss v/ith a jury, to acquit, as well 
 as to condemn : there is Icfs danger in this 
 jnode of trial, where the fuftragcs are to 
 be openly delivered, that a few will be. 
 brought over to the opinion of the majo- 
 rity, as may too often happen among ju~ 
 rors, whole deliberations are in private, 
 and whole impatience of confinement may 
 o farther than real convidion, to pro- 
 duce the requisite unanimity. That thi& 
 happens not ^infrequently in civil cafes, 
 there is too much reafon to believe ; that 
 it may alfo happen in criminal cafes, 
 efpecially where the party accufed is not 
 one of their equals, might, not unreafon- 
 ably, be apprehended. In New- York, 
 before the revolution, a Have accufed of 
 a capital crime, fhould have been tried by 
 a jury if his mailer required it. This is, 
 perhaps, fall the law of that flate. Such 
 a provillcn might not be amifs in this ; 
 but conil-derlng the ordinary run of juries 
 ki the county-courts, I Ihculd prefume 
 Jic privilege would be rarely indited up- 
 en. 
 
 Skves, we h-ave feen, are now entitled 
 to the benefit of clergy in all caaes where 
 it is allowed to any other offenders, ex- 
 cept in cafes of coniuliing, adviling, or 
 to.rebcI 2 or .make in fur re<ftion $ 
 
( 63 ) 
 
 or plotting or confpiring to murder any 
 perfon ; or preparing, exhibiting, or ad- 
 miniflring medicine with an /// intent. 
 The Tame lenity was not extended to them 
 formerly. The atl of 1748, c. 31, denied 
 it to a ilave in cafe of manslaughter ; or 
 the felonious breaking and entering any 
 houfe, in the night time : or breaking and 
 entering any houfe in the day time, and 
 taking therefrom goods to the value of 
 twenty (hillings. The a& of 1764, c. 9, 
 extended the benefit of clergy, to a flave 
 convicted of the manslaughter of a (lave ; 
 and the aft of 1772, c. 9, extended it 
 further, to a {lave convicted of houfe- 
 breaking in the night time, unlefs fuch 
 breaking be burglary ; in the latter cafe, 
 other offenders would be equally deprived 
 of it. But v/hcrever the benefit of clergy 
 is allowed to a Have, the court, beddes 
 burning him in the hand (the ufual pu- 
 nilhment infii&ed on free perfons) may 
 inflicl: fuch further corporal punifhment 
 as they may think fit ; * this alfo feems to * 1794. 
 be the law in the cafe of free Negroes c * I03 * 
 and mulattoes. By the ad: of 1723, c. 4, 
 it was enacied, that when any Negroe or 
 mulatto? (hall be found, upon due proof 
 made, or pregnant circumftances, to have 
 given falfe tefttmony, every fuch offender 
 
C 6 4 ) 
 
 mall, 'without further trial, have bis cars' 
 fucceffively nailed to the pillory for the 
 fpace of an hour, and then cut off, and 
 moreover receive thirty-nine lafhes on 
 his bare back, or fuch other punimment 
 as the court mall think proper, not ex- 
 tending to life or limb. This acl, with 
 the exception of the words pregnant clr- 
 cuinftances, was re- enacted in 1792. The 
 puniflfcsient of perjury, in a ivhite perfon, 
 is only a fine and impriforiment. A flave 
 coiivi'fted of hog-flealing, fhall, for the 
 firft offence, receive thirty-nine la/hes : 
 any other perfon twenty-five : but the lat- 
 ter is alfo fubjecl: to a fine of thirty dol- 
 lars, befldcs paying eight dollars to the 
 owner of the hog. The punifhment for 
 the fecond and third offence, of this kind, 
 is the fame in the cafe of a free perfon, 
 as of a (lave ; namely, by the pillory and 
 lofs of ears, for the fecond offence ; the 
 third is declared felony, to which clergy 
 is, however, allowed. The preceding 
 are the only positive diftin$ions which 
 now remain between the punimment of a 
 flave, and a white perfon, in thofe cafes, 
 where the latter is liable to a determinate 
 corporal punimment. But we muft not 
 forget, that many actions, which are ei- 
 ther not punifhable at all, when perpe- 
 
( 65" ) 
 
 trated by a white perfon, or at molt, by fine 
 and imprifonment, only, are liable to le- 
 vere corporal punifliment, when done by 
 a flave ; nay, even to death itlelf, in fome 
 cafes. To go abroad without a written 
 permimon ; to keep or carry a gun, or 
 other weapon ; to utter any feditious 
 fpeech; to be prefent at any unlawful af- 
 fembly of flaves ; to lift the hand in op- 
 poiition to a white perfon, unlefs wan- 
 tonly affaulted, are all offences puniHinble 
 by whipping. * To attempt the charity * 179-;. 
 of a white woman, forcibly, is punidiable Ci I0 3* 
 by difrnemberment : fuch an attempt 
 would be a high mifdcmeanor in a white 
 free man, but the punimment would be 
 far fhort of that of a flave. r To admi- -| IbiJsn 
 niflsr medicine without the order or con- 
 fent of the m after, unlefs it appear not to 
 kxvs been done 'with an ill intent ; to con- 
 fait, ad^ife, or confpire, to rebel or make 
 infhrrection ; or to conspire, or plot to 
 murder any perfon, we have feen, are all 
 capital offences, from which the benefit 
 of clergy is utterly excluded. But a bare 
 intention to commit a felony, is not pu- 
 nifhable in the cafe of a free white man ; 
 and even the attempt, if not attended 
 with an a-fhial breach of the peace, or 
 prevented by fach circinrutaricc:,, only, 
 I 
 
( 66 ) 
 
 as do not tend to lelTen the guilt of tl&e 
 cinder, is at moit a mifdemjeaiiOE by the- 
 common law : and In flatutable offences 1 
 in; general, to coniuk, advife, and even, to- 
 procure any perfon to commit a> felony, 
 does net constitute the crime 1 of felony 
 in, the ad viler or procurer,., unlefs the fe- 
 lony be actually perpetrated. 
 
 From- this view of our jurisprudence 
 reipcding Haves, we are unavoidably led 
 to remark, how frequently the laws of 
 nature have been fet a fide in-, favour of 
 inili'cutions, the pure refult of prejudice', 
 usurpation, and tyranny. "We have found 
 aliens, innocent, or indifferent, punifh- 
 able with a rigour icarcely due to any,, 
 but the molt atrocious, oifences againlt 
 civil, fociety ; juftice diilributed by an : 
 unequal, meaftire to the mailer and the 
 Have ; and even the hand of mercy ar- 
 re-led, where rnercy might have been ex-^ 
 tended- to tke wretched culprit, had his 
 complexion been the fame with that of his 
 nidges: for, the ihort period of ten days,. 
 r-ctween his condemnation and execution, 
 v/as often infuflicient to obtain a pardon 
 for a -.(lave, convicled in a remote part of 
 the country, wliilft a free man, condemned 
 ri the feat of government, and tried be- 
 fore the governor himfelf, in whom the 
 power of pardoning was veiled, had a re- 
 
( 6; ) 
 
 (pite of thirty days to implore the cle- 
 mency of tjie executive authority. It 
 3nay be urged, and I belkve v/ith truth, 
 that thefe rigours -do not proceed from, a 
 fangnmary temper in the people of Vir- 
 ginia, but from thofe political conficlera- 
 tions indifpeniahly neceffary, where iiavery 
 prevails to any great extent : I am -m< 
 over happy to obferve that our polic-e re- 
 fpecling this unhappy clafs of prop-Ie, is 
 not only le(s rigorous than formerly, but 
 perhaps milder than in any other coun- 
 try (r) where there are ib many Haves, 
 or (b large a proportion of them, in re- 
 fpeft to the free inhabitants : it is alfo, I 
 trull, unjufl to cenfiire the prefent gene- 
 rat ion for the exigence of fiavery in Vir- 
 ginia : for I think it unqueR ion ably true, 
 that a very lar-e proportion of our fel- 
 low-citizens lament that as a misfortune, 
 which is imputed to them as a reproach ; 
 it being evident from what has been al- 
 ready ihewn upon the fubjecl, that, ante- 
 
 '(r) See Jefferfbn's Notes, 259.- The Marquis de 
 ChatelleiiK's Travels, I have not noted the page ; the 
 Law of Retribution, by Granville Sharpe, pa. 151, 
 238, notes. The Juft Limitation of Slavery, by tlcc 
 fame author; pa. 15, note. Ibidem, pa, 3?,, 50, 
 Jb. Append. No. 2. Encyclopedic. Tit. 
 Laws of Barbados, tic. 
 
 I 2 
 
( 68 ) 
 
 to the revolution, no exertion to 
 abolilh, or even to check the progrefs of> 
 flavery, in Virginia, could have received 
 the {mallei! countenance from the crown, 
 without whole alTent the united wifnes 
 and exertions of every individual here, 
 would have been wholly fruitlefs and in-- 
 efuvdual : it -is, perhaps, alfo demonftra- 
 ble, that at nc period fince the revolution, 
 could the abolition of Haver y in this ft ate 
 have been fafely undertaken until the 
 foundations of our newly eflabiifhed go- 
 vernments had been found capable of fup- 
 porting the fabric itfelf, under any (hock, 
 which to arduous an attempt might have 
 produced. But thefc obftacics being now 
 happily removed, coniidcraticns of poli- 
 cy, as well- as juftice arc! humanity, mull; 
 evince the neceHity of eradicating the 
 evil, before it becomes impoflible to do 
 it, without tearing up the roots of civil 
 focicty with it. 
 
 Having; in the preceding part of this 
 enquiry fnewn the origin and foundation 
 of {lavcry, } or the manner in which men 
 have become Haves, ss alfo who are lia- 
 ble to be retained in Slavery, in Virginia, 
 at prcfcnt, with the legal conferences 
 attendant upon their condition ; it only 
 remains to confidcr the mode by which 
 
iiaves have been or may be emancipated ; 
 and the legal confequences thereof, in 
 this ftate. Manumiflion, among the l- 
 raelites, if the bondman were an Hebrew, 
 was enjoined after ilx years' fervicc, by 
 the Mofaical lav/, unlcfs the fervant chole 
 to continue with his mafter, in which 
 cafe the in after carried him before the 
 judges, and took an awl, and thruft it 
 through his ear into the door, * and from * Exod. 
 thenceforth he became a fervant for ever: ^^ c 
 but if he fent him away free, he was 15. 
 bound to furnifh him liberally out of his 
 flock, and out of his floor, and out of his 
 \vine-prefs. 1 Among the Romans, in the f Ibid. 
 time of the commonwealth, liberty could 
 be conferred only three ways. By tefta- 
 ment, by the c en/us, and by the "vindific^ 
 or liclor's rod. A man was faid to be 
 free by the cenfus, " liber cenju" when 
 his name was inferted in the cenfor's roll, 
 with the approbation of his mailer. When 
 he was freed by the vindicta, the niaftcr 
 placing his hand upon the head of the 
 flave, faid in the prefence of the prsetor, 
 it is my dcfirc that this man may be free, 
 u kiinc homincm lilcrem effe volo ;" to 
 which the praetor replied, I pronounce 
 him free after the manner of the Romans, 
 " dico cum liber um eJJTe more quint urn "-<- 
 
( 70 ) 
 
 then the lictor, receiving the - 
 (truck the new freed man feveral blows 
 with- it, upon the head, face, and back, 
 after which his name was registered in 
 the roll of freed-men, and his head being 
 clofe fhaved, a cap was given him as a 
 * Harris's token of liberty. * Under the imperial 
 
 Juft. m confutations liberty mip-ht have been con- 
 notes. 7 
 
 ferred by feveral other methods, as in the 
 
 face of the church, in the prefence of 
 
 | juft. friends, or by letter, or by teitament.t 
 
 Lilt. lib. B u t fa was RO - m t | ie p Ower of every 
 
 i. tit. 5. 
 
 Ib. lib. i. mafter to manumit at will ; for if it were 
 
 tit. 6. done with an intent to defraud creditors, 
 the aft was void: that is, if the mafter 
 were infolvent at the time of mamimiiiion, 
 or became infolvent by maninnifiion, and 
 intentionally manumitted his {lave for the 
 purpofe of defrauding his creditors. A 
 minor, under the age of twenty years, 
 V co aid not manumit his {lave but for a juil 
 cattle aillgned, which mud: have been sp- 
 proved by a council, confifdng of the 
 
 tIb.Har.pra; tor, five fenators, and five knights, t 
 
 ^* In En 8 lan<1 tlie mode of enfranchifmg 
 viileins is faid to have been thus pre- 
 fcribed by a law of William theConqueror . 
 : If any peribn is willing to enfranchife 
 " hisflave, let him, with his right hand, 
 C deliver the Have to the (lieriff in a full 
 
( 71 ) 
 
 " county, proclaim him exempt from the 
 cc bond of fervitude by manumiiiior>, 
 " fhe\v him open gates and ways, and 
 u deliver him free arms, to wit, a lance 
 cc and a fword ; thereupon he is a free 
 
 * But after that period free- * Harm's 
 dom was more generally conferred by note ' s ^ 
 deed, of which Mr. Harris, in his notes 
 upon Juilinian, has furniihed a prece- 
 dent - 
 
 lii what manner manumiillon was per- 
 formed in this country during the firil 
 century after the introdu&ion of flavery 
 does not appear : the a& of 1668, before 
 mentioned, . fliews it to have been prac- f Ante, 
 tifed before that period. In 172^ an adt P" 3<5 * 
 was paffed, prohibiting the manumidion 
 of (laves, upon any pretence whatfoever 7 
 except for meritorious fervices, to be 
 adjudged, and allowed by the governor 
 and council . This claufe was re-enacled t i7 2 3- c - 
 in 1748, and continued to be the law, '" 
 until after the revolution was acconi- 
 plilhed. The number of manumldions 
 undsr fuch reflriftions mufc necefTarily 
 have been very few. In May 1782 an 
 aft paffed authorizing, generally, the ma- 
 numiflion of (laves, but requiring fuch as 
 might be fet free, not being of found 
 mind or body, or being above the age of 
 
C 72 ) 
 
 forty-five years, or males under twenty- 
 one, cr females under eighteen, to be 
 fupported by the perfon liberating them, 
 * May or out of his efl^te. * The aft of manu- 
 miiliGn may be performed either by will, 
 or by deed, under the hand and feal of 
 the party, acknowledged by him, or 
 proved by two witneffes in the court of 
 the county where he refides. There is 
 reafon to believe that great numbers have 
 been emancipated fince the palling of this 
 adl. By the cenfhs of 1791 it appears 
 that the number of free Negroes, mulat- 
 toes and Indians in Virginia, was then 
 12,866. It would be a large allowance, 
 to fuppoie that there were 1800 free Ne- 
 groes and mulatto es in Virginia when the 
 act took effect ; fo that upwards of ten 
 thoufand mufl have been indebted to it 
 for their freedom, (s) The number of 
 Indians and their dcfcendants in Virginia 
 
 (s) There are more free Negroes and mulattoes in 
 Virgiaia alone, than are to be found in the four New- 
 England dates, and Vermont in addition to them. 
 The progrefs of emancipation in this ftate is therefore 
 much greater than cur JLaflern brethren may at firft 
 fupuofe. There are only 1087 free Negroes and 
 mulattoes in the States of New-York, New-Jerfey 
 Slid. Penr.fylvania, more, than in Virginia. Thofe who 
 take a fubjcct in the grofs, have little idea of the refult 
 of ii cxaci fcrutiny. Out of 20,348 inhabitants oa 
 
C 73 ) 
 
 at prefent, is too fmall to require particu- 
 lar notice. The progrefs of emancipa- 
 tion in Virginia, is at this tirnc continual, 
 but not rapid ; a fecond cenfus w ill enable 
 us to form a better judgment of it than at 
 prefent. The aft pafted in 1792 accords 
 in fbme degree with the Juflinian code, * * *79-{~ 
 by providing that flavcs emancipated 
 may be taken in execution to fatisfy any 
 debt contracted by the pcrfon emanci- 
 pating them, before flich emancipation is 
 made, (t) 
 
 the Eaftern Shore of Virginia 1185 \v2re free Negroes 
 and mulattoes when the ccnfus was taken. The num- 
 ber is fmce much augmented. 
 
 (t) The a& ~cf 1795. c. ir. encrb, that any 
 perfon held in flavcry may make complaint to a mo 
 giilrate, or to the court of the diilriet county or cor- 
 poration wherein he refides, and not elfewhere. The 
 rnagiftratc, if the complaint be made to him, fhall ifiue 
 his warrant to fummon the owner before him, and 
 compel him to give bond and fecurity to fuffer the 
 complainant to appear at the next court to petition the 
 court to be admitted to fue m forma paupcr'is. If the 
 owner refufe, the magiilrate fhall order the complainant 
 into the caftody of the officer fervmg the warrant, at the 
 expence of the matter, who fhall keep him until the 
 fitting of the court, and then produce him before it. 
 Upon petition to the court, if the court be fatisfied 
 as to the material facts, they fliall aiTign the complainaiit 
 council, who fliall (late the facls with his opinion thereon 
 to the court ; and unlefs from the circumilanccG fo 
 
 K 
 
( 74 ) 
 
 A.moiig the Romans, the Ubertini, or 
 
 freedmen, were formerly diftmguifhed by 
 
 *Juft. a threefold divifion. * They fometimes 
 
 Inft. lib. -i . . . . 
 
 i. tit. 5. obtalnecl what was called the greater li- 
 berty, thereby becoming Roman citizens. 
 To this privilege, thofe who were enfran- 
 chifed by teftament, by the* cenfus, or by 
 the vindidia, appear to have been alone 
 admitted : fometimes they obtained the 
 lefTer liberty only, and became Latins ; 
 wkofe condition is thus defcribed by Ju- 
 tinian. (c They never enjoyed the right 
 " of faccedion [to cftates]. For al- 
 " though they led the lives of free men, 
 " yet with their lail breath they loft both 
 " their lives and liberties ; for their po- 
 4C feflions, like the goods of flavcs, were 
 f Harris's " detained by the manurhittor." t Some- 
 3. tit, 8. tmles tlae X obtained only the inferior liber- 
 
 ftated, and the opinion thereon given, the court {hall 
 fee mantfcfl reufon td deny tkeir interference^ they fliall 
 order the clerk to iffue prccefa againft the owner, and 
 the complainant (hall remain in the cuflody of the 
 (heriff until the owner (hall give bond and fecurity to 
 have him forthcoming to anfwer the judgment of the 
 court. Anil by the general law in cafe of pauper's 
 fuits, the complainants ftiail have writs of fubpcna 
 gratis ; and by the practice of the courts, he is per- 
 mitted to attend the taking the depcfitions of witueiTes, 
 and go and come freely to and from court, for the 
 jirofecution of his fuit. 
 
( 75 ) 
 
 ty, being called dcditltii : fucii were (laves 
 who had been condemned as criminals, 
 and afterwards obtained manumiflion 
 through the indulgence of their mailers : 
 their conditions was equalled with that 
 of conquered revolters, whom the Ro- 
 mans called, in reproach, dsdititii^ quid 
 fe Juaque omnia dediderunt : but all thefe 
 dillindions were abolifhed by Juftinian, * *, Inft - . 
 by whom, all freed men in general were ^. r 3. 
 made citizens of Rome, without regard 
 to the form of manumiilion. In England, 
 the prefenting the villein with free arms, 
 fe.ems to have been the fymbol of his re- 
 itoration to all the rights which a feuda- 
 tory was entitled to. With us, we have 
 feen that emancipation does not confer 
 the rights of citizenship on the perfon 
 emancipated ; on the contrary, both he 
 and his poftcrity, of the fame complexion 
 with himfelf, muft always labour under 
 many civil incapacities. If he is abfolvetl 
 from perfonal rcllraint, or corporal pu- 
 nifhment, by a mafter, yet the laws re- 
 flrain his aftions in many imlances, where 
 there is none upon a free white man. If 
 hs can maintain a fuit, he cannot be a 
 witnefs, a juror, or .a judge in any con- 
 troverfy between one of his own com- 
 plexion and a white perfon. If he can 
 K 
 
( 76 ) 
 
 Acquire property in lands, he cannot ex- 
 ercife the right of fufFrage, which fuch a 
 property would confer on his former m af- 
 ter ; much lefs can he afiiil in making, 
 thofe lnws by which he is bound. Yet, 
 even under thefe difabilities, his prefent 
 condition bears an enviable pre-eminence 
 over his former rtate. PofTcmng the li- 
 berty of loco-motion, which was formerly 
 denied him, it is in his choice to fubmit 
 to that civil inferiority, infeparably at- 
 tached to his condition in this country, 
 or feck fonie more favourable climate, 
 where all diftinclions between men are 
 either totally abolifhed, or lefs regarded 
 than in this. 
 
 The extirpation of ilavery from the 
 United States, is a tail; equally arduous 
 and momentous. To red ore the bleffings 
 :of liberty tq near a million (u) of op- 
 preiTed individuals, who have groaned 
 under the yoke of bondage, and to their 
 defcendants, is an object, which thofe 
 who trnil in Providence, will be con- 
 vinced would not be unaided by the di- 
 vine Author of our being, ihould we in- 
 voke his blelling upon our endeavours. 
 
 (u) The number of flaves in the United States at 
 the time of the late cenfus, was fomething under 
 
 700/000. 
 
( 77 ) 
 
 Yet human prudence forbids that we 
 fhould precipitately engage in a work of 
 fuch hazard as a general andfiinuitaneous 
 emancipation. The mind of man muft 
 in fomc mcafure be formed for his future, 
 condition. The early iinprcfiions of obe- 
 dience and fubmiiilon; which flaves have 
 received among us, and the no lefs habi- 
 tual arrogance and aflUmption of fuperi- 
 ority, among the whites, contribute, c~ 
 qually, to unfit the former for freedom^ 
 and the latter for equality, (v) To expel 
 
 (D) Mr. JefFerfon moil forcibly paints the unhappy 
 influence on the manners of the people produced by 
 the exiftence of flavety amqng us. The whole com- 
 merce between mailer and (lave, fays he, is a perpetual 
 exercife of the moil boifterous paGions, the moft 
 unremitting defp3tifm on the one part, and degrad- 
 ing fubmilfions on the other. Our children fee 
 this, and learn to imitate it ; for man is an imitative 
 animal. This quality is the germ of education in him. 
 From his cradle to his grave he is learning what he fee3 
 others do. If a parent had no other motive either in 
 his own philanthropy or his felf -love, for retraining 
 the intemperance of pafiion towards his flave^ it fhould. 
 always be a fufiicient one that his child is prefent. But 
 generally it is not fufficient. The parent ftorms, the 
 child looks on, -catches the lineaments of wrath, puts 
 on the fame airs in th circle of finaiier flaves, gives a 
 loofe to his worfl of paflions ; and thus nurfed, eilr- 
 cated, and daily exercife d in tyranny, canno.t but be 
 itamped by it with cdicus peculiarities. The man 
 
( 7S ) 
 
 them all at once, from the United States, 
 would in faft be to devote them only to 
 
 mull be a prodigy who can retain his manners and 
 morals undepraved by fuch circumftances. And with 
 what execrations would the ftatefman be loaded, who 
 permitting one half the citizens thus to trample on the 
 rights of the other, transforms them into defpots, and 
 thefe into enemies, deftroysthe morals of the one part, 
 and the amor patriae of the other. For if a flave can 
 liave a country in this world, it mull be any other ia 
 preference to that in which he is born to live and la- 
 bour for another ; in which he muft lock up the facul- 
 ties of his nature, contribute as far as depends on his 
 individual endeavours to the evanifhment of the Ionian 
 race, or entail his own miserable condition an the end- 
 lefs generations proceeding from him. With the mo- 
 Tals of the people, their induliry alfo,--is deftroyed. 
 For in a warm climate, no man will labour for himfelf 
 who can make another labour for him. This is fb 
 true, that of the proprietors of (laves a very fmall pro- 
 portion indeed are ever feen to labour. And can the 
 liberties of a nation be ever thought fecure when we 
 have removed their only firm bafis, a conviction in the 
 minds of the people, that thefe liberties are of the gift 
 of God ? That they are not to be violated but with 
 his wrath ? Indeed I tremble for my country when 
 I reflcft that God is juft: that his juftice -cannot fleep 
 for ever : that confidcring numbers, nature, and natu- 
 ral means only, a revolution of the wheel of fortune, 
 an -exchange of fituation is among pdfiible events : that 
 it may become probable by fupernatural interference ! 
 The Almighty has no attribute which can take fide 
 v,'ith us in fuch a conteft. But it is impoffible to be 
 tsmpr/ste and to purfue this fubjecl through the va- 
 
( 79 ) 
 
 a lingering death by famine, by clifcafc, 
 
 and ether accumulated rniferics : cc We 
 
 cc h-ave in hiftory but one picture of a li- 
 
 u inilar enterprise, and there we fee it 
 
 u was neceflary not only to open the fea 
 
 " by a miracle, for them to pafs, but more 
 
 cc neceflary to clofe it again to prevent 
 
 " their return. * To retain them among * Letter 
 
 us, would be nothing more than to J as< 
 
 Sullivan, 
 
 throw fo many of the human race upon Efq. to 
 
 the earth without the means of fubililence: p r * Bel " 
 
 knap. 
 
 they would foon become idle, profligate, 
 and miferable. Unfit for their ne\v con- 
 dition, and unwilling to return to their 
 former laborious courfe, they would be- 
 come the. caterpillars of the earth, and 
 the tigers of the human race. The recent 
 hiftory of the French Weft Indies exhibits 
 a melancholy picture of the probable con- 
 fequences of a general, and momentary 
 
 rious confiderations of policy, of morals, of hiftory, 
 .natural and civil. We muft be contented to hope 
 they will force their way into every one's mind. I 
 think a change already perceptible, fince the origin 
 of the prefent revolution. The fpirit of the mailer is 
 abating, that of the flavc rifing from the duft ; his 
 condition mollifying ; the way I hope preparing, un- 
 4er the aufpices of Heaven, for a total emancipation, 
 and that this is difpofed in the order of events, to be 
 -with the confent of their matters, rather than by their 
 xtirpation. Notes on Virginia, 298. 
 
emancipation in any of the flates, where 
 Slavery has made confiderable progrefs. 
 In MufTacliufetts the abolition of it was 
 efre&cd by a fingle flroke ; a claufe in 
 * Er. their coniiitution : * but the whites at 
 that time, were as fixty-five to one, in 
 proportion to the blacks. The whole 
 number of free perfons in the United 
 States, fouth of Delaware ftate, are 
 1,235,829, and there are 648,439 (laves ; 
 the proportion being lefs than two to one. 
 Of the cultivators of the earth in the fame 
 diftricl, it is probable that there are four 
 
 Haves for one free white man. To di- 
 
 charge the former from their prefent condi- 
 tion, would be attended with an immediate 
 general famine, in thofe parts of the United 
 States, from which not all the produ&i- 
 cns of the other {rates, could deliver 
 them ; finiilar evils might reafonably be 
 apprehended from the adoption of the 
 me af ure by any one of the fouthern ftates ; 
 for in all of them the proportion of Haves 
 is too great, not to be attended with ca- 
 lamitous effects, if they were immediately 
 fet free. ("^) Thefe are ferious, I had 
 
 (ftp) Whet >s here advanced is not to be understood 
 as implying an opinion that the labour of flaves is more 
 produ&ive than that of freemen. The author of the 
 Treatife en the Wealth of Nation:., informs us, " That 
 
almoft faid unfurmountable obflacles, to 
 a general, (miultaneous emancipation. 
 There are other confiderations not to be 
 difregarded. A great part of the property- 
 of individuals conflfts in Jlaves. The 
 laws have fan cloned this fpecles of pro- 
 perty. Can the laws take away the pro- 
 perty of an individual without his own 
 confent, or without a juft compcnjatioii r' J 
 \Vill thofe who do not hold (laves agree 
 to be taxed to make this compenfation ? 
 Creditors alfo, who have trufled their 
 debtors upon the faith of this vifible pro- 
 perty will be defrauded. If jiiftice de- 
 mands the emancipation of the flavc, me- 
 alfo, under theje circumRanccs,. fecins to.- 
 plead for the owner, and for his creditor. 
 The claims of nature, it will be faid are 
 ftronger than thofe which arife from fo- 
 cial inflitutions, only. I admit it, but 
 nature alfo dictates to us to provide for 
 our own fafety, and authorizes all ncceffu/y 
 
 " it appears from the experience of all ages and na- 
 tf tions, tliat the work done by freemen comes cheaper 
 < in the end than that done by flares. That it is 
 " found to do fo, even in Bofton, New- York and 
 " Philadelphia, where the wages of common labour arc 
 " very high." Vol. I. pa. 123. Lond. edit. oft. 
 Admitting this conclufion, it would not remove the 
 objection that emancipated fhves would net willingly 
 labour. 
 
 L 
 
.ares for that purpofe. And we have 
 !;:cwn that oiir own fecurity, nay, our 
 very exigence, might be endangered b 
 the hafty adoption *>f any meafure for th6 
 immediate relief of the w>Wd> of this tiri- 
 race. Mtfft we then quit the fuh- 
 
 , in defpftlr of the fuccefs of any pro- 
 for the amendment of their, as well 
 as our own, condition? I think not. 
 Stf fctiuotifly x$ I feel nly mind oppofed to 
 a fimultaneous emancipation, for the reg- 
 ions akeady mentioned, the abolition 
 of fiavery in th United States, and efpe 1 - 
 cially in that dat-e-, to which I am attached 
 by every tie that nature and fociety fbfm/ 
 is ncrw. lAyftrfi, and will probably be my 
 Tait, expiring wlftu But here let me 
 avoid the imputation of inconfiftency, by 
 cbfervhig, that the abolition of flavery 
 may be effecled without the emancipation 
 of a (ingfe flave \ without depriving any 
 r.ian of the property which he poflejjes, 
 and without defrauding a creditor who 
 has trufied him on the faith of that pro- 
 perty. Tlae experiment in that mode 
 &as already been begun in fame of our 
 lifter ftates. Pennfylvania, under the 
 aufpices of the immortal Franklin, (x) 
 
 (y) Dd^or Fnrrtkliii, it is faid, drew the bill for 
 the gradual abolition of flavcry in Pennfylvania. 
 
begun the work of gradual abolition of 
 flavery in the year 1780, by cnlifting na- 
 ture herfelf, on the fide of humanity. 
 Cpnnefticut followed the example four 
 years after, fjj NewYork vesy Itfely 
 made an efiay which wUcaFrie.d, by a very 
 inconsiderable majority . Mr, Jefferfbn hv 
 forms us, that the committee e.f revifars, 
 of which he was 3roof$ber> had prepared 
 a bill for the emancipation of all f laves 
 born after pafling that aft* Thh is con- 
 formable to the pennfylvania and Can- 
 ne&ieut law?. Why the meafure was 
 not brought forward in the general af- 
 fembly J have never he.ard> PoiTibly be- 
 caufe objections were forefeen to that 
 part of the bill which relates to the dif- 
 pofal of the blacks, after they had attained 
 a certa.ii! age.^J It certainly fe^ms li- 
 
 (y) It is probable that fimilar laws have been pafied 
 in fome other ftates ; but I have not been able to pro- 
 cure a note of them. 
 
 ("z.) The objeft of the amendment propofed to be 
 offered to the legiflature, was to emancipate all flaves 
 born after a certain period ; and further dire Aing that 
 they ftiould continue with their parents to a certain 
 age, then be brought up, at the public expence, to 
 tillage, arts, or fciences, according to their geniufes, 
 till the females mould be eighteen, and the males 
 twenty-one years of age, when they mould be colonized 
 to fuch a place as the circumftances of the time fliou/d 
 L 2 
 
-able to many, both as to the policy and 
 the practicability of it. To eftablifh fuch 
 a colony in the territory of the United 
 States, would probably lay the founda- 
 tion ofinteiline wars, which would ter- 
 minate only in their extirpation, or fi- 
 nal expulfion. To attempt it in any 
 other quarter of the globe would be at- 
 tended with the utmofl cruelty to the co- 
 lonifls, themfelves, and the deitruclion 
 of their whole race. If the plan were at 
 this moment in operation, it would require 
 the annual exportation of 12,00^0 perfons. 
 This requifite number muft, for a feries 
 of years be confiderably increafed, in or- 
 der to keep pace with the increafmg popu- 
 lation of thcfc people. In twenty years it 
 would amount to upwards of twenty thou- 
 iand perfons ; which is half the number 
 which are now fuppofed to be annually 
 
 render moft proper ; fending them out with arms, 
 implements of houfehold and of the handicraft arts, 
 feeds, pairs of the ufeful domeftic animals, &c. to 
 .declareth em a free and independent people, and ex- 
 tend to them our alliance and protection, till they mall 
 .haveacquired ilrength ; and to fend vefitls at the feme 
 time to other parts of the world for an equal number 
 of white inhabitants ; to induce whom to migrate hi- 
 ther, proper encouragements fhculd be propofed. 
 Notes on Virginia, 251. 
 
( 85 ) 
 
 exported from Africa. Where would a 
 fund to fupport this expencc be found f 
 Five times the prefent revenue of the 
 ftate would barely defray the charge of 
 their pafTage. Where provifions for their 
 fupport after their arriv al ? Where thofe 
 neceflaries which inufl prefer ve them from 
 pcrifhing ? Where a territory fufficient 
 to fupport them ? Or where could they 
 be received as friends, and not as invad- 
 ers ? To colonize them in the United 
 States might feem lefs difficult. If the 
 territory to be afligned them were beyond 
 the fettlements of the whites, would they 
 not be put upon a forlorn hope againft 
 the Indians ? Would not the expence of 
 tranfporting them thither, and fupporting 
 them, at leaft for the firft and fecond 
 year, be alfo far beyond the revenues and 
 abilities of the ftate ? The expence at- 
 tending a fmall army in that country hath 
 been found enormous. To tranfport as 
 many colonifts, annually, as we have 
 (hewn were neceiTary to eradicate the 
 evil, would probably require five times 
 as much money as the fupport of fuch an 
 army. But the expence would not ftop 
 there : they muft be affifted and fupport ed 
 at leaft for another year after their arrival 
 in their new fettlcments. Suppofe them 
 
( 36 ) 
 
 arrived. Illiterate and ignorant as they 
 arc, is it probable that they would be ca- 
 pable of inftituting fuch a government, 
 in their new colony, as would be necef- 
 fary for their own internal happinefs, or 
 to fecure them from deilruftjon from 
 without ? European emigrants, from 
 whatever country they arrive, have been 
 accuftomed to the reftraint of laws, and 
 torefpea for government. Thefe people, 
 accuftomcd to he ruled with a, rod of iron, 
 will not eafily fubmit to milder reftraints. 
 They would become hordes of vagabonds, 
 robbers and murderers. Without the aids 
 of an enlightened policy, morality, or 
 religion, what elft could be expected 
 from their ftill favage ftate, and debafed 
 condition ? " But why not retain and 
 u incorporate the blacks into the flute f" 
 This queftion has been well anfwered by 
 Mr. Jcfferfon, (a) and who is there fp 
 
 (a) It will probably be afked, why not retain the 
 blacks among us and incorporate them into the flate ? 
 Deep-rooted prejudices entertained by the whites ; ten 
 thoufand recolle&ions by the blacks, of the injuries they 
 have fuftained ; new provocations ; the real diftiaftions 
 which n&lurc has made ; and many other eircumftances 
 will divide us into parties and produce convulfions, 
 Xvhich will probably never end but in the extermi- 
 nation of one or the other race. To thefe objections 
 which are political may be added others which are 
 
C *7 ) 
 
 frtffft prejudices airtong us, as can- 
 didly to declare that he has none againft 
 
 physical and ifteral. The firft difference which ftnkcs 
 us 13 that of colour. Sec. The circumftance of fupe- 
 rior beauty is thought worthy attention in the propa- 
 gation of our horfes, dogs, and other domeftic ani- 
 mals ; Why not in that of man ? &c. In general 
 their exigence appears to participate more of fenfation 
 than reflection. Comp ?.rmg them by their faculties of 
 memory, reafon and imagination, it appears to me 
 that in memory they are equal to the whites ; in rea- 
 fon much inferior ; that in imagination they arc dull, 
 taftelefs and anamolous. &c. The improvement of 
 the blacks in body and mind, in the firft in&arice of 
 their mixture with the whites, has been obfcrved by 
 every one, ar/d proves that their inferiority is Hot the 
 effect merely of their condition of life. We know that 
 among the Romans, about the Auguftan age, cfpeci- 
 ally, the condition of their flaves was much more de- 
 plorable, than that of the blacks on the continent of 
 America. Yet among the Romans their flaves were 
 often their rareft artifts. They excelled t6o in fcicncc, 
 infomuch as to be ufually employed as tutors to their 
 matters' children. Epi&etus, Terence, and Phccdrua 
 Were flaves. But they were of the race of whites. It 
 is not their condition then, but nature, whic!i has 
 produced the diftinftion. The. opinion that they Sit 
 inferior in the faculties of reafon and imagination, muit 
 be hazarded with great diffidence. To juftify a general 
 conclufion requires many obfervations. &c. I advance 
 it therefore as a fufpicion only,<-that the blacks, whe- 
 ther originally a diftinc\ race, or made diftinft by time 
 and circumftances, are inferior to the whites both in 
 the endowments of body and mind. 5cc. This un- 
 
( 88 > 
 
 facli 2 rneafurc ? The recent fcenes tran- 
 adted in the French colonies in the "Weft 
 Indies are enough to make one fhudder 
 with the apprehendon of realizing fimilar 
 calamities in this country. Such proba- 
 bly would be the event of an attempt to 
 fiiiotlier thofc prejudices which have been 
 cherifhed for a period of almofl two cen- 
 turies. Thofe who fecretly favour, whilft 
 they afFeft to regret, domcftic flavery, 
 contend that in abolifhing it, w r e mufl alfo 
 abolifh that fcion from it which I have 
 denominated civil uavery. That there 
 mult be no diflinclion of rights ; that the 
 tlefcendants of Africans, as men, have an 
 equal claim to all civil rights, as the de- 
 fcendants of Europeans ; and upon being 
 delivered from the yoke of bondage have 
 
 fortunate difference of colour, and perhaps of faculty, 
 is a powerful obftacle to the emancipation of thef& 
 people. Among the Romans emancipation required 
 but one effort. The flave, when made free, might 
 mix with, without ftaining, the blood of his mafter* 
 But with us a fecond is neceflary, unknown to hiftory. 
 See the paffage at length, Notes on Virginia, page 
 252 to 265. 
 
 In the prefent cafe, it is not only the flave who 
 " Is beneath his matter, it is the Negroe who is be- 
 " neath the white mnn. No aft of enfranchifement 
 " can efface this unfortunate diftinftion." Chatel- 
 leux's Travels in America. 
 
( 89 ) 
 
 a. right to be admitted to all the privileges 
 of a citizen. But have not men when 
 they enter into a ft ate of Ibciety, a right 
 to admit, or exclude any dcfcription of 
 perfons, as they think proper ? If it be 
 true, as Mr. Jerlrerfon feenis to fiippofe, 
 that the Africans are really an inferior 
 race of mankind, (b) will not found po- 
 licy advife their excludon, from a f6ciety 
 In which they have not yet been admitted 
 to participate in civil rights ; and even to 
 -guard aga'mit fuch admidlor;, at any future 
 period) fince it may eventually depreciate 
 the whole national character ? And if 
 prejudices have taken fuch deep root iii 
 our minds, as to render it intpbllible to 
 eradicate this opinion, ougjit not fo ge- 
 neral an error, if it be one, to be refpecl- 
 ed ? Shall we not relieve the ncceiiities 
 of the naked difcafed beggar, unlefs we 
 will invite him to a feat at oitr table ; nor 
 alford him {belter from the inclemencies 
 of the night air, unlefs we admit him alfo 
 
 (I) The celebrated David Hume, in his Efiay on 
 National Character, advances the fame opinion ; Doc- 
 tor Bcattie, in his EHby on Truth, controverts it with 
 many per. urrjnts. Era'ly prcjr.diocG, had we 
 
 more falisfh&ory information than we c?.n pofiibly pcf- 
 fefs on the fubjecl: at prefent, \vould render an inha- 
 bitant of a country where Negroc fkvery prevails, an 
 improper umpire between them. 
 
 M 
 
( 90 ) 
 
 to mare our bed ? To deny that we ought 
 to abolifa flavery, without incorporating 
 the Negroes into the ftate, and admitting 
 them to a full participation of all our 
 civil and focial rights, appears to me to 
 reft upon a ilmilar foundation. The ex- 
 periment fo far as it has been already 
 made among us, proves that the emanci- 
 pated blacks are not ambitious of civil 
 rights. To prevent the generation of 
 fuch an ambition, appears to comport 
 with found policy ; for if it mould ever 
 rear its head, its partizans, as well as its 
 opponents, will be enlifted by nature her- 
 felf, and always ranged in formidable 
 array againft each other. We muft there- 
 fore endeavour to find fome middle courfe, 
 between the tyrannical and iniquitous po- 
 licy which holds fo many human creatures 
 in a ftate of grievous bondage, and that 
 which would turn loofe a numerous, 
 ftarving, and enraged banditti, upon the 
 innocent defcendants of their former op- 
 preffbrs. Nature, time, and found policy 
 mud co-operate with each other to pro- 
 duce fuch a change : if either be ne- 
 glected, the work will be incomplete, dan- 
 gerous, and not improbably deflruclive. 
 
 The plan therefore which I -would pre- 
 fuiTie to propofe for the consideration of my 
 
( 91 ). 
 
 Countrymen is fuch, as the number of 
 flaves, the difference of their nature, and 
 habits, and the flate of agriculture, among 
 us, might render it expedient, rather than 
 deferable to adopt : and would partake part- 
 ly of that propofed by Mr. JefFerfon, and 
 adopted in other ftates ; and partly of fuch 
 cautionary refcriftions, as a due regard 
 to fituation and circumftances, and even 
 to general prejudices, might recommend 
 to thofe, who engage in fo arduous, and 
 perhaps unprecedented an undertaking. 
 
 1. Let every female born after the r.- 
 doption of the plan be free, and tranfmit 
 freedom to all her defcendants, both male, 
 and female. 
 
 2. As a compenfation to thofe perfons, 
 in. whofe families fuch females, or their 
 defcendants may be born, for the expencc 
 and trouble of their maintenance during 
 infancy, let them ferve fuch perfons un- 
 til the age of twenty-eight years : let 
 them then receive twenty dollars in mo- 
 ney, two fuits of clothes, fuited to the 
 feafon, a hat, a pair of fhoes, and two 
 blankets, If thefe things be not volunta- 
 rily done, let the county courts enforce 
 the performance, upon complaint. 
 
 3 4 Let all Negroe children be regiftered 
 with the clerk of the county or corpora-* 
 
 M 2 
 
( 9- ) 
 
 fion cou^t, where bcr-n, within one-monfch> 
 after their birth : let the- pesfon- in whole- 
 family they are born take 'a- copy of the 
 rcgiiler, and deliver it to the mother, or 
 if flie die to the child;, before it is of the 
 age of twenty-ore years. Let any Negroe 
 claiming. to be. free, and : above the age of 
 puberty, be coniidered ! as of the age of 
 twenty-eight years, if he -or file be not re- 
 giftered, as required. 
 
 4. Leb all-Rich Negroe fervr,nts be put 
 on the fame footing as white fervants and 
 apprentices now are, in refpecl to food, 
 raiment, correction, and the alignment 
 of their fervice- from one to another. 
 
 5. Let the children of Negroes and 
 mulattoes, born in the families of their 
 parents, be bound to fer vice by- the over- 
 feers of the poor, until they (hall attain 
 the age of twenty-one years. Let all- 
 above that age, who are net houfekeepers-,- 
 nor have voluntarily bound ihemfelves to 
 fervice for a year before the nrfr day of 
 February annually, be then bound for 
 the remainder of the year by the overfeers 
 of the poor. Let the overfeers of the 
 poor receive fifteen per cent, of their 
 wages, from the perfon hiring them ? as 
 a' compenfation for their trouble, and 
 ten per cent, per annum out of the wa- 
 
( 9? ) 
 
 of fuch as tliey may bind appren- 
 tices. 
 
 6. If at the age of twenty-feven years v 
 the matter of a Negroe or mulattoe fer- 
 v-ant be unwilling to pay his freedom* 
 dues, above mentioned, at the expiration 
 of the fucceeding year, let him bring him 
 into the county court, clad and furnimed 
 with necelTaries as^befbre directed, and pay 
 into court five dollars, for the ufe of tiie y 
 fervant, and thereupon let the court di- 
 rect him to be hired by the overfeers of 
 the poor for the fucceeding year,, in the 
 manner- before directed. 
 
 7 . Let noNegroe or.niulat.toe.be capable 
 of taking, .holding, or exercifing, any pub- 
 lic office, freehold, franchife or privilege, 
 or any eftate in lands or tenements, .other, 
 than a leafe not exceeding twenty-one 
 years-.- Nor of keeping, or bearing arms, 
 frjunlefs authorifed fo to do by fome 
 act of the general afTembly, whofe dura- 
 tion mall be limitted to three years. Nor 
 of contracting matrimony with any other 
 than a Negroe or mulattoe ; nor be an at- 
 torney ; nor be a juror ; nor a witnefs in 
 any court of judicature, except agaimt, 
 
 (c) See Spirit of Laws, 12^-1 . 1. Black 
 
 Cora. 417. 
 
( 94 ) 
 
 or between Negroes and mill attics. Nor x 
 be an executor or admin iftrator ; nor ca- 
 pable of making any will or teftament ; 
 nor maintain any real aclion ; nor be a 
 truft.ee of lands or tenements himfelf, nor 
 any other perfon to be a truftee to him or 
 to his ufe. 
 
 8. Let all perfons born after the patting 
 of the act, be confidered as entitled to the 
 fame mode of trial in criminal cafes, as 
 free Negroes and mulattoes are now en- 
 titled to. 
 
 The reftriclions in this place may ap- 
 pear to favour ftrongly of prejudice : 
 whoever propofes any plan for the abo- 
 lition of flavery, will find that he muft 
 either encounter, or accommodate him- 
 felf to prejudice. I have preferred the 
 latter ; not that I pretend to be wholly 
 exempt from it, but that I might avoid 
 as many obstacles as poilible to the com- 
 pletion cffo defirable a work, as the abo- 
 lition of flavery. Though I am oppofed 
 to the banimtnent of the Negroes, I wi(h 
 not to encourage their future refidence 
 among us. By denying them the mod 
 valuable privileges which civil govern- 
 ment affords, I wimed to render it their 
 inclination and their intercft to feek thofe 
 privileges in fome other climate. There 
 
( 95 ) 
 
 is an immenfe unfettled territory on .this, 
 continent (d) more congenial to their 
 natural constitutions than ours, where 
 they may perhaps be received upon more 
 favourable terms than we can permit 
 them to remain with us . Emigrating in 
 fmall numbers, they will be able to effeft 
 fettlements more Cafily than in large num- 
 bers ; and without the expence or danger 
 of numerous colonies. By releasing them 
 from the yoke of bondage, and enabling 
 them to feck happiiiefs \vlierev er they can 
 hope to find it, we fiirely confer a bene- 
 fit, which no one can fufRciently apprer 
 ciate, who has not tafled of the bitter 
 curfe of compulfory fervitude, By ex- 
 cludidg them from offices, the ieeds of 
 ambition would be buried too deep, ever 
 to germinate : by difarming them, W9 
 may calm our apprehenfions of their re- 
 fentments arifingfrom pad fulferings ; by 
 
 (d) The immenfe territory of Lomfinm, which ex- 
 tends as far fouth as the lat. 25 and the two Floridas, 
 would probably afford a ready afylum for fuch as might 
 choofe to become Spanifli fubje&s. How far their po- 
 litical rights might be enlarged in thefe countries, is, 
 however queftionable : but the climate is undoubtedly 
 more favourable to the African conftitution than ours, 
 and from this caufe, it is not improbable that emigra- 
 tions from thefe ftates would in time be very corJHers- 
 He, 
 
incapacitating them from holding laads,, 
 we (lion Id add one induce!mnt more to 
 emigration-, and cfre&ually remo\re the 
 foundation fcf ambition, and party-ftrug- 
 gles. Their perfbnal rights, and their 
 property, though limited, would whilft 
 they remain among us be under the pro- 
 te&ion of the laws ; and their condition 
 not at all inferior to that of the labouring 
 poor in mod other countries. Under fuch 
 an arrangement we might reafonably hope, 
 that time would either remove from us a 
 race of men, whom we wim not to incor- 
 porate with us, or obliterate thcfe preju- 
 dices, which now form an obftacle to fuch 
 incorporation. 
 
 But it is not from the want of liberality 
 to the emancipated race of blacks that I 
 apprehend the moft ferious objeclibhs to 
 the plan I have ventured to fuggeft. 
 Thofe flave holders (whofe numbers I 
 trull are few) who have been in the habit 
 of conudering their fellow creatures as 
 no more than cattle, and the reft of the 
 brute creation, will exclaim that they are 
 to be deprived of their property, with- 
 out conipenfation. Men who will fliut 
 their ears againft this moral truth, that all 
 men are by nature free, and equal, will 
 not even be convinced that they do not 
 
( 97 ) 
 
 poflefs a property in an unborn child : they* 
 will not diftinguifh between allowing to 
 unborn generations the abiblute and una- 
 lienable rights of human nature, and tak- 
 ing away that which they now poffefs ; 
 they will fhut their ears againfl truth, 
 fhould you tell them, the lofs of the mo- 
 ther's labour for nine months, and the 
 maintenance of a child for a dozen or 
 fourteen years, is amply cornpenfated by 
 the fervices of that child for as many 
 years more, as he has been an expence to 
 them. But if the voice of reafon, jufticc 
 and humanity be not ftified by fordid ava- 
 .rice, or unfeeling tyranny, it would be 
 eafy to convince even thofe who have en- 
 tertained Rich erroneous notions, that the 
 right of one man over another is neither 
 founded in nature, nor in found policy. 
 That it cannot extend to thofe not in be- 
 ing ; that no man can in reality be deprived 
 of what he doth not poffefs : that fourteen 
 years labour by a young perfon in the 
 prime of life, is an ample compenfation 
 for a few months of labour loft by the 
 mother, and for the maintenance of a 
 child, in that coarfe homely manner that 
 Negroes are brought up : And laftly, that 
 a ftate of {lav cry is not only perfectly in- 
 compatible with the principles of govern- 
 N 
 
( 98 ) 
 
 ment, but with the fafe.ty and fecurity of 
 their mailers. HHtory evinces this. At 
 this moment we have the moft awful de- 
 monflratlons of it. Shall we then neglect 
 a duty, which every confederation, moral, 
 religious, political, orj'elfi/??, recommends. 
 Thofe who wifh to poftpone the meafure, 
 do not reflect that every day renders the 
 taik more arduous to be performed. We 
 have now 300,000 Haves among us. Thirty 
 years hence we fhall have double the num- 
 ber. In lixty years we (hall have i , 200,000 . 
 And in lefs than another century from this 
 clay, even that enormous number will be 
 doubled. Milo acquired ftrejigth enough 
 to carry an ox, by beginning with the ox 
 while he was yet a calf. If we complain 
 that the calf is too heavy for our fhoulders, 
 what will not the ox be ? 
 
 To fuch as apprehend danger to our 
 agricultural intereft, and the depriving 
 the families of thofe whofe principal reli- 
 ance is upon their flaves, of fupport, it 
 will be proper to fubrnit a view of the 
 gradual operation, and elFefts of this 
 plan. They will no doubt be furprizcd 
 to hear, that whenever it is adopted, the 
 number of fiaves will not be diminiflied 
 for forty years after it takes place ; that 
 it will even encreafe for thirty years that 
 
( 99 ) 
 
 at the diftance of fixty years, there will 
 be one-third of the number at its firft com- 
 mencement : that it will require above a 
 century to complete it ; and that the num- 
 ber of blacks under twenty-eight, and con- 
 fequently bound to fervice, in the families 
 they are born in, will always be at leafh 
 as great, as the prefent number of Haves. 
 Theie circumftances I trufl will remove 
 many objections, and that they are truly 
 flated will appear upon enquiry .(e) It 
 
 (e) As it may not be unacceptable to fome renders 
 to obferve the operation of this plan, I (hall fubjoin 
 the following ftatement : 
 
 PRELIMINARY REMARKS. 
 
 1. The number of Haves in Virginia by the late 
 cenfus being found to be 292,427, they may now, in 
 round numbers be eflimated at 300,000 
 
 2. Let it be fuppofed that the males and 
 females are nearly or altogether equal in 
 number. 
 
 3. According to Dr. Franklin, the people 
 of America double their numbers in about 
 twenty-eight years ; and according to Mr. 
 JefFerfon, the negroes increafe as faft as the 
 whites, they will therefore double, at leaft 
 every thirty years. 
 
 4. Let it be fuppofed that in thirty years 
 one half of the prefent race of negroes will 
 be extinct. 
 
 5. Let it be fuppofed that in forty-five 
 years there will not remain more than one- 
 fifth of the prefent race alive. 
 
 N 2 
 
will further appear, that females only 
 will arrive at the age -of emancipation 
 within the firft forty-five years ; all the 
 males during that period, continuing ei^ 
 ther in ilavery, or bound to fervice till 
 
 6- Let it be likewife fuppofed, that in 
 fixty years the whole of the prefent race will 
 be extinct. 
 
 7. For concifenefs fake, let the prefent 
 race be called anis-nati, thofe born after the 
 adoption of the plan, poft-nati. 
 
 FROM HENCE IT WILL FOLLOW, 
 
 1. That the prefect number of flaves being 300,00^ 
 
 2. In thiity years their numbers will 
 amount to - - - 600,000 
 
 3. But at that period as one half of them 
 will be ex tin ft, (rern. 4.) their numbers 
 will ftand thus : 
 
 Ante-nati, - 1 50,000 
 Foft-nati, - 450,000 
 
 600,000 
 
 4. The mean increafe of the poft-nati 
 for the next thirty years will therefore be, 
 * J f, annually, or 15,000 
 
 5. If one half of thefe be males, who are 
 Hill to remain flaves, there will in the firft 
 
 iixteen years, be born i2O>oc5 
 
 6. After the firft fixteen ye are, the poft- 
 mti females will begin to breed ; the propor- 
 tion of males born to flavery in the next 
 twelve years may bc'eftirnated at one-fcurth 
 of the whole number born after the com- 
 mencement of that period. Their number 
 
 will be - - - - - 52,00^ 
 
the age of twenty-eight years. The earth 
 cannot want cultivators, whilfh our po-* 
 pulation increafes as at prefent., and three- 
 fourths of thofe employed therein are held 
 to fervice, and the remainder compella- 
 
 7. The number of Jlaiies living in Vir- 
 ginia at the end of thirty years from the 
 adoption of the plan, will be, ante-nati 
 (prop. 3.) - 150,000 
 
 Poft-nati males born in the firH 
 
 16 years, 120,000 
 
 Poft-nati mules born in the lad 
 
 12 years, 52,500 
 
 322,500 
 
 8. The number of negroes at the fame 
 rime will Hand thus : 
 
 Slaves, - 322,500 
 
 Poft-nati free born, 277,500 
 
 6oo,coo 
 
 9. After twenty-eight years from the firft 
 adoption, this plan of gradual emancipation 
 will firft begin to manifeft its effedls, by the 
 complete emancipation of one twenty-eighth 
 part of the poft-nati free born during that 
 period each fucceeding year, for twenty- 
 eight years more ; their numbers will be, 
 * 7 ^ or 9,910 
 Thefe will be all females. 
 
 jo. It being admitted that the negroes 
 double every thirty years, the fuppofition 
 that in forty-five years, their numbers will 
 be half as many more as in thirty, will not 
 be very erroneous, if fo, the whole race of 
 then* at that period will bs . 
 
( 102 ) 
 
 ble to labour. For we iiraf! not lofe fight 
 of this important confi deration, that thefe 
 people mufi be bound to labour, if they 
 
 11. Their numbers will Hand thus : 
 
 Ante-nati, - 60,000 
 Pcft-nati, - 840,000 
 
 900,000 
 
 12. After twer.ty-eight years are pad, the 
 number of Oaves born muft continually di- 
 miniih. Suppcfe their number born in -the 
 laft 17 years, to-be one-fourth as- many as 
 thofe bcrn in the preceding twelve years, 
 
 they will be 5 2 -J; 00 , or *3* 2 5 
 
 13. The Haves in Virginia in forty-five 
 years will then be, ante-nati, - 60,000 
 
 Poft-nati males born in the firft 
 
 fixteen years, 120,000 
 
 Ditto, born in the next twelve 
 
 years, 52 ,500 
 
 Ditto, born in the lail fcven- 
 
 teen years, - 13,125 
 
 24-5,625 
 
 At this period the err.cincipciticn of males 
 will begin. 
 
 14. But after twenty, eight years it has 
 been mewn that 9,910 negroes will annu- 
 ally arrive at the age of eir,?.ncipation, their 
 
 whole number in forty -five years will be 168,470 
 
 15 The flate of the negroes at the end of 
 45 years, will then be, flaves, - 24556:5' 
 Poft-nati fully emancipated (fe- 
 males), 1685470 
 Pcft-nati not cir.ar.cipated, - 485,905 
 , [ > 900,000 
 
do not voluntarily engage therein. Their 
 faculties are at prelent only calculated for 
 that object ; if they be not employed 
 
 1 6. In fixty years the whole number of 
 negroes will be 1,200,000 
 
 17. At that period the whole cf the prc- 
 fent race will be extin& ; and we may alfj 
 infer that one half of thofe bcrn in ':::: f;. .'t 
 thirty years will be alfo exti.idl ; the r.unibcr 
 of flaves 'born in that period has been (liuwn, 
 (prop. 7.) to be 1 72, 500, the number of thcfc 
 then living will be 2 7 7 - 5 , or , - 86,250 
 
 1 8. One half of the poft-nati free born, 
 during that period, being now fully emanci- 
 pated, may be iikewife prefuined to be e::- 
 tinct ; their numbers (prep. 8.) will- be, 
 I7 V 00 , or 138,750 
 
 19. The fcate of the negroes at the end 
 of fixty years, will therefore be : 
 
 Slaves born during the iirit 
 
 thirty years, - .86,250 
 
 Ditto born after that period, - 13, 125 
 
 Poft-nati fully emancipated, - 138,750 
 
 Pofl-nati under 28 years of age, 96 1 ,8 75 
 
 20. At the end of ninety years the nu.n- 
 ber of negroes will be ... 2,4.00,000 
 
 2 1 . Of this number, thofe only born af- 
 ter the firft thirty years, being fuppofjd t"> 
 be living, the number of {laves (prup 12 ) 
 will then be reduced to - I 5 I2 5 
 
 22. And as the !a ircn'u"oncu jaum'jfr oC 
 {1: ves are fupnofea to be born \v::>.::i f: i 
 five years, their *.vho!c nu:r,b?r \viil ' . i' 
 
therein they will become drones of the 
 worft defcription. In abfolving them 
 from the yoke of fiavery, we muft not 
 forget the interefh of the fociety. Thofe 
 interefls require the exertions of every 
 individual in fome mode or other ; and 
 thofe who have not wherewith to fupport 
 themfelves honeftly without corporal la- 
 bour, whatever be their complexion, 
 ought to be compelled to labour. This 
 is the cafe in England, where domeftic 
 flavery has long been unknown . It muft 
 alfo be the cafe in every well ordered fo- 
 ciety ; and where the numbers of perfons 
 without property increafe, there the co- 
 ertion of the laws becomes more immedi- 
 ately requifite. The propofed plan would 
 ncceffarily have this effecl, and therefore 
 ought to be accompanied with fuch a re- 
 gulation. Though the rigours of our po- 
 lice in refpect to this" unhappy race ought 
 
 in fifteen years more, that is, in one hundred 
 andj/SW years from the firft adoption of the 
 plan. 
 
 23. By prop. 19. it appears, that out of 
 1,200,000 negroes, there will then be 
 961,875 under the age of twenty-eight years, 
 the period of emancipation. 
 
 24. We may therefore conclude, that from 
 two-thirds to three-fourths of the whole num- 
 ber of blacks will always be liable to fervic; 
 
( "5 ) 
 
 to be foftened, yet, its regularity, and 
 punctual adminiHration ilionld be increal- 
 ed, rather than relaxed. If we doubt the 
 propriety of fiich meafiircs, what miifl 
 we think of the fitiTstkm of our country, 
 when inflead of 300,000, we (hall have 
 more than two millions of SLAVES among 
 us ? This mufe happen within a CENTURY, 
 if we do not fet about the abolition of 
 flavery. Will not our pofterity curfe the 
 days of their nativity with all the anguilh 
 of Job ? Will they not execrate the me- 
 mory of thofc anceftors, who, having it 
 in their power to avert evil, have, like 
 their mil parents^ entailed a carfe upon all 
 future generations ? We know that the 
 rigour of the laws reflecting fiaves una- 
 voidably mull increafe with their num- 
 bers : What a blood-ftained code maft 
 that be which is calculated for the reflraint 
 of millions held in bondage 1 Such muft 
 our unhappy country exhibit within a 
 century, unlefs we are both wife and juft 
 enough to avert from poRerity the cala- 
 mity and reproach, which are otherwife 
 unavoidable. 
 
 I am not vain enough to prefume the 
 
 plan I have fuggeiled entirely free from 
 
 objection ; nor that in offering my own 
 
 ideas on the iiibjedl, I have been more for- 
 
 O 
 
e than others : but frotn the commu- 
 nication of fentinient between thofe \yho 
 lament the evil, it is poiTible -that an ef- 
 fe&ual remedy may at length be difco- 
 y erccl . Whenever that happens the golden 
 age of our country will begin. Till then, 
 
 Non hafpes ab hofpite tutus, 
 
 2\on Ilcras a Fz'j.l:: : frctrxm czcque gratia rara. 
 
 r^r-* T*T -ipi -r-t ** -f ^v 
 
 T 11 E ^ IM D. 
 
UNIVERSITY OF CALIFORNIA LIBRARY 
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