Dissertation on Slavery / With a Proposal for the Gradual Abolition of it, in the State of Virginia

by St. George Tucker

7. Let no Negroe or mulattoe be capable of taking, holding, or exercising, any public office, freehold, franchise or privilege, or any estate in lands or tenements, other than a lease not exceeding twenty-one years.—Nor of keeping, or bearing arms,[28] unless authorised so to do by some act of the general assembly, whose duration shall be limitted to three years. Nor of contracting matrimony with any other than a Negroe or mulattoe; nor be an attorney; nor be a juror; nor a witness in any court of judicature, except against; or between Negroes and mulattoes. Nor be an executor or administrator; nor capable of making any will or testament; nor maintain any real action; nor be a trustee of lands or tenements himself, nor any other person to be a trustee to him or to his use.

8. Let all persons born after the passing of the act, be considered as entitled to the same mode of trial in criminal cases, as free Negroes and mulattoes are now entitled to.

The restrictions in this place may appear to favour strongly of prejudice: whoever proposes any plan for the abolition of slavery, will find that he must either encounter, or accommodate himself 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 possible to the completion of so desirable a work, as the abolition of slavery. Though I am opposed to the banishment of the Negroes, I wish not to encourage their future residence among us. By denying them the most valuable privileges which civil government affords, I wished to render it their inclination and their interest to seek those privileges in some other climate. There is an immense unsettled territory on this continent[29] 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 small numbers, they will be able to effect settlements more easily than in large numbers; and without the expence or danger of numerous colonies. By releasing them from the yoke of bondage, and enabling them to seek happiness wherever they can hope to find it, we surely confer a benefit, which no one can sufficiently appreciate, who has not tasted of the bitter curse of compulsory servitude. By excluding them from offices, the seeds of ambition would be buried too deep, ever to germinate: by disarming them, we may calm our apprehensions of their resentments arising from past sufferings; by incapacitating them from holding lands, we should add one inducement more to emigration, and effectually remove the foundation of ambition, and party-struggles. Their personal rights, and their property, though limited, would whilst they remain among us be under the protection of the laws; and their condition not at all inferior to that of the labouring poor in most other countries. Under such an arrangement we might reasonably hope, that time would either remove from us a race of men, whom we wish not to incorporate with us, or obliterate those prejudices, which now form an obstacle to such incorporation.

But it is not from the want of liberality to the emancipated race of blacks that I apprehend the most serious objections to the plan I have ventured to suggest.—Those slave holders (whose numbers I trust are few) who have been in the habit of considering their fellow creatures as no more than cattle, and the rest of the brute creation, will exclaim that they are to be deprived of their property, without compensation. Men who will shut their ears against this moral truth, that all men are by nature free, and equal, will not even be convinced that they do not possess a property in an unborn child: they will not distinguish between allowing to unborn generations the absolute and unalienable rights of human nature, and taking away that which they now possess; they will shut their ears against truth, should you tell them, the loss of the mother's labour for nine months, and the maintenance of a child for a dozen or fourteen years, is amply compensated by the services of that child for as many years more, as he has been an expence to them. But if the voice of reason, justice and humanity be not stifled by sordid avarice, or unfeeling tyranny, it would be easy to convince even those who have entertained such erroneous notions, that the right of one man over another is neither founded in nature, nor in sound policy. That it cannot extend to those not in being; that no man can in reality be deprived of what he doth not possess: that fourteen years labour by a young person in the prime of life, is an ample compensation for a few months of labour lost by the mother, and for the maintenance of a child, in that coarse homely manner that Negroes are brought up: And lastly, that a state of slavery is not only perfectly incompatible with the principles of government, but with the safety and security of their masters. History evinces this. At this moment we have the most awful demonstrations of it. Shall we then neglect a duty, which every consideration, moral, religious, political, or selfish, recommends. Those who wish to postpone the measure, do not reflect that every day renders the task more arduous to be performed. We have now 300,000 slaves among us. Thirty years hence we shall have double the number. In sixty years we shall have 1,200,000. And in less than another century from this day, even that enormous number will be doubled. Milo acquired strength 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 shoulders, what will not the ox be?

To such as apprehend danger to our agricultural interest, and the depriving the families of those whose principal reliance is upon their slaves, of support, it will be proper to submit a view of the gradual operation, and effects of this plan. They will no doubt be surprized to hear, that whenever it is adopted, the number of slaves will not be diminished for forty years after it takes place; that it will even encrease for thirty years; that at the distance of sixty years, there will be one-third of the number at its first commencement: that it will require above a century to complete it; and that the number of blacks under twenty-eight, and consequently bound to service, in the families they are born in, will always be at least as great, as the present number of slaves. These circumstances I trust will remove many objections, and that they are truly stated will appear upon enquiry.[30] It will further appear, that females only will arrive at the age of emancipation within the first forty-five years; all the males during that period, continuing either in slavery, or bound to service till the age of twenty-eight years. The earth cannot want cultivators, whilst our population increases as at present, and three-fourths of those employed therein are held to service, and the remainder compellable to labour. For we must not lose sight of this important consideration, that these people must be bound to labour, if they do not voluntarily engage therein. Their faculties are at present only calculated for that object; if they be not employed therein they will become drones of the worst description. In absolving them from the yoke of slavery, we must not forget the interests of the society. Those interests require the exertions of every individual in some mode or other; and those who have not wherewith to support themselves honestly without corporal labour, whatever be their complexion, ought to be compelled to labour. This is the case in England, where domestic slavery has long been unknown. It must also be the case in every well ordered society; and where the numbers of persons without property increase, there the coertion of the laws becomes more immediately requisite. The proposed plan would necessarily have this effect, and therefore ought to be accompanied with such a regulation. Though the rigours of our police in respect to this unhappy race ought to be softened, yet, its regularity, and punctual administration should be increased, rather than relaxed. If we doubt the propriety of such measures, what must we think of the situation of our country, when instead of 300,000, we shall have more than two millions of SLAVES among us? This must happen within a CENTURY, if we do not set about the abolition of slavery. Will not our posterity curse the days of their nativity with all the anguish of Job? Will they not execrate the memory of those ancestors, who, having it in their power to avert evil, have, like their first parents, entailed a curse upon all future generations? We know that the rigour of the laws respecting slaves unavoidably must increase with their numbers: What a blood-stained code must that be which is calculated for the restraint of millions held in bondage! Such must our unhappy country exhibit within a century, unless we are both wise and just enough to avert from posterity the calamity and reproach, which are otherwise unavoidable.

I am not vain enough to presume the plan I have suggested entirely free from objection; nor that in offering my own ideas on the subject, I have been more fortunate than others: but from the communication of sentiment between those who lament the evil, it is possible that an effectual remedy may at length be discovered. Whenever that happens the golden age of our country will begin. Till then,

——Non hospes ab hospite tutus,
Non Herus à Famulie: fratrum quoque gratia rara.

THE END.

Footnotes

[1] The subject of a preceding Lecture, with which the present was immediately connected, was, An Enquiry into the Rights of Persons, as Citizens of the United States of America.