Thoughts on the Necessity of Improving the Condition of the Slaves in the British Colonies - With a View to Their Ultimate Emancipation; and on the Practicability, the Safety, and the Advantages of the Latter Measure. by Thomas Clarkson
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page 17 of 92 (18%)
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their persons. But this doctrine sprung from the old Roman law, which
taught that all slaves were to be considered as _cattle_. "Partus sequitur ventrem," says this law, or the "condition or lot of the mother determines the condition or lot of the offspring." It is the same law, which we ourselves now apply to cattle while they are in our possession. Thus the calf belongs to the man who owns the cow, and the foal to the man who owns the mare, and not to the owner of the bull or horse, which were the male parents of each. It is then upon this, the old Roman law, and not upon any English law, that the planters found their right to the services of such as are born in slavery. In conformity with this law they denied, for one hundred and fifty years, both the moral and intellectual nature of their slaves. They considered them themselves, and they wished them to be considered by others, in these respects, as upon a level only _with the beasts of the field_. Happily, however, their efforts have been in vain. The evidence examined before the House of Commons in the years 1789, 1790, and 1791, has confirmed the falsehood of their doctrines. It has proved that the social affections and the intellectual powers both of Africans and Creoles are the same as those of other human beings. What then becomes of the Roman law? For as it takes no other view of slaves than as _cattle_, how is it applicable to those, whom we have so abundantly proved _to be men_? This is the grand plea, upon which our West Indian planters have founded their right to the perpetual services of their _Creole_ slaves. They consider them as the young or offspring of cattle. But as the slaves in question have been proved, and are now acknowledged, to be the offspring of men and women, of social, intellectual, and accountable beings, their right must fall to the ground. Nor do I know upon what other principle or right they can support it. They can have surely no _natural right_ to the infant, who is born of a woman slave. If there be any right to it by |
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