r i.i [From iJie Southern Literary Messenger, December, 1858. | IS WWi CONSISTENT WITH NATOML LAW? An Address delivered before the Virginia State Agricultural Society, at thh Sixth Annual Exhibition, at Petersburg, 4th November, 1858. BY JAMES P. HOLCOMBE. Mr. President, and Gentlemen of the Agrktdtural Society: It seems to me eminently proper, to connect with these imposing exhibitions of the trophies of your agricultural skill, a discussion of the whole bearings and relations, jural, moral, social, and eco- nomical, of that peculiar industrial sys- tem to which we are so largely indebted for the results that have awakened our pride and gratification. No class in the community has so many and such large interests gathered up in the safety and permanence of that system, as the Far- mers of the State. The main-wheel and spring of your material prosperity, inter- woven with the entire texture of your social life, underlying the very founda- tions of the public strength and renown, to lay upon it any rash liand would put in peril whatever you value ; the security of your property, the peace of your so- ciety, the well-being — if not the exist- ence of that dependent race which Pro- vidence has committed to your guardian- ship — the stability of your government, the preservation in your midst of union, liberty, and civilization. By the intro- duction of elements of such inexpressi- ble magnitude, the politics of our coun- try have been invested with the grandeur and significance which belong to those great struggles upon which depend the destinies of nations. The mad outbreaks of popular passion, the rapid spread of anarchical opinions, the mournful decay of ancient patriotism, the wide disruption of Christian unity, which have marked the progress, and disclosed the power, purpose and spirit of this agitation, come home to your business and bosoms with impressive emphasis of warning and in- struction. No pause in a strife around which cluster all the hopes and fears of freemen, can give any earnest of endur- ing peace, until the principles of law and order which cover with sustaining sanc- tion all the relations of our society, have obtained their rightful ascendency over the reason and conscience of the Christian world. The most instructive chapters in history are those of opinions. The decisive bat- tle-fields of the world, furnish but vulgar and deceptive indices of human progresa. Its true eras are marked by transitions of sentiment and opinion. Those invisible moral forces that emanate from the minds of the great thinkers of the race, rule the courses of history. The recent awaken- ing of our Southern mind upon the ques- tion of African Slavery, has been fol- lowed by a victory of peace, which we trust, will embrace within its beneficent influence generations and empires yet un- born. Such was the strength of anti- Is Slavery Consistent with Natural Late ? slavery feeling within our own borders, that scarcely a quarter of a century has elapsed since an Act of Emancipation ■was almost consummated, under the aus- pices of our most intelligent and patriotic citizens; a measure which probably all would now admit bore in its womb ele- ments of private distress and public calamity, that must have impressed upon our history, through ages of expanding desolation, the lines of fire and blood. But "Whirlwinds fitliest scatter pestilence." Nothing less than an extremity of peril could have induced a general revision of long-standing opinions, intrenched in formidable prejudices, and sanctioned by the most venerable authority. Slavery •was explored, for the first time, with the forward and reverted eye of true statesmanship, under all the lights of history — of social and political philoso- phy — of natural and Divine law. Public sentiment rapidly changed its face. Every year of controversy has encouraged the advocates of " discountenanced truth" by the fresh accessions it has brought to their numbers, whilst no desertions have thinned the enlarging ranks. The cele- brated declaration of Mr. Jefferson, that he knew no attribute of the Almighty which would take the side of the master in a contest with his slave, is so far from commanding the assent of the intelligent slaveholders of this generation, that the justice, the humanity, and the policy of the relation as it exists with us, has be- come the prevailing conviction of our peo- ple. Public honours, and gratitude, are the fitting meed of the statesmen, whether liv- ing or dead, (and amongst them I recall no names more eminent than those associated with the proudest traditions of this hospi- table and patriotic city, Leigh, Gholson, and Brown,) who threw themselves into this imminent and deadly breacli, and grappling with an uninformed and unre- flecting sentiment, delivered the common- wealth, when in the very jaws of death, from moral, social and political ruin. Permit me to premise some words of explanation as to the meaning and extent of the subject upon which I have been invited to address this meeting. It pre- sents no question of municipal or inter- national law. It raises no inquiry as to the rightfulness of the means by which slavery Avas introduced into this conti- nent, nor into the nature of the legal sanc- tion.s under which it now exists. There can be no doubt that slavery, for more than a century after it was established in the English colonies, was in entire har- mony with the Common Law, as it was expounded by the highest judicial au- thorities, and with the principles of the Law of Nations, and of Natural Law as laid down in the writings of the most eminent publicists. At the commence- ment of our Revolution men were living who remembered the Treaty of Utrecht, by which, in the language of Lord Brougham, all the glories of Bamillies and Blenheim were bartered for a larger share in the lu- crative commerce of the slave trade. But whatever may be our present opinions upon these subjects, the black race now consti- tutes an integral part of our community, as much so as the white, and the authority of the State to adjust their mutual relations can in no manner depend upon the method by which either was brought within its jurisdiction. The State in every age must provide a constitution and laws, if it does not find them in existence, adapted to its special wants and circumstances. Afri- can Slavery in the United States is con- sistent with Natural Law, because if all the bonds of public authority were sud- denly dissolved, and the community called upon to reconstruct its social and political system, the relations of the two races re- maining in other respects unaltered, it would be our right and duty to reduce the negro to subjection. To the phrase Natural Law, I shall attach in this dis- cussion the signification in which it is generally used, and consider it as synony- mous with justice; not that imperfect justice which may be discerned by the savage mind, but those ethical rules, or principles of right, which, upon the grounds of their own fitness and pro- priety, and irrespective of the sanction of Divine authority, commend themselves to the most cultivated human reason. Is Slavery Consistent tcWi Natural Lata? Slavery we may define, so as to embrace all the elements that properly belong to it, as a condition or relation in -which one man is charged -with the protection and support of another, and invested with an absolute property in his labour, and such a degree of authority over his person as may be requisite to enforce its enjoyment. It is a form of involuntary restraint, ex- tending to the personal as well as politi- cal liberty of the subject. The slave has sometimes, as at one period under the Roman jurisprudence, been reduced to a mere chattel, the power of the master over the person of the slave being as absolute as his property in his labour. •^ This harsh and unnatural feature has never deformed the relation in any Chris- -tain country. In the United States the double character of the slave, as a moral person and as a subject of property, has been universally acknowledged, and to a greater or less degree protected, both by public sentiment and by the law of the land. It furnishes a key to the under- standing of one of the most celebrated clauses in our Federal Constitution, as all know who are familiar with the luminous exposition, given by Mr. Madison in the Federalist, of its origin and meaning. In our own State, amongst other proofs of its recognition, we may point to the pri- vilege conferred upon the master of eman- cipating his slave, and to the obligation imposed upon him of providing for his support when old, infirm, or insane ; to the enactments which punish injuries to the slave, whether from a master or stran- ger, as offences of the same nature as if inflicted upon a white person, and to the construction placed by our courts upon the general language of criminal statutes, by which the slave, as a person, has been embraced within the range of their pro- tection ; to the regulations for the trial of slaves charged with the commission of crime, which, whilst they exact the re- sponsibilities of moral agents, temper the administration of justice with mercy, and to the exemption from labour on the Lord's Day, an exemption which is shown by the provision for the Christian slave of a Jewish master, to have been established as a security for a right of conscience. Indeed, he scarcely labours under any personal disability, to which we may not find a counterpart, in those which attach to other incompetent classes — the minor, the lunatic, and the married woman. The statement of my subject presup- poses the existence of the State. It thus assumes that there are involuntary re- straints which may be rightfully impos- ed upon men, for the State itself is but the sum and expression of innumerable forms of restraint by which the life, lib- erty, and faculties of individuals are placed under the control of an authority independent of their volition ? The truth that the selfishness of human na- ture, forces upon us the necessity of sub- mitting to the discipline of law, or living in the license of anarchy, is too obvious to have required any argument in its support, in this presence. Until man be- comes a law unto himself, society through »X a political organization must supply his want of self-control. Whether it may establish such a form of restraint, as personal slavery, cannot be determined until the principles upon which its au- thority should be exercised, have been settled, and the boundaries traced be- tween private right and public power. The authority of the State must be com- mensurate with the objects for which it was established. Its function is, to re- concile the conflicting rights, and oppos- ing interests, and jarring passions of in- dividuals, so as to secure the general peace and progress. It proceeds upon the postulate, that societyis our state of nature, and that men by the primary law of their being, are bound to live and perfect themselves in fellowship with each other. As God does not ordain contradictory and therefore impossible things, men can derive no rights from him which are inconsistent with the duration and per- fection of society. The rights of the individual are not such as would belong to him, if he stood upon the earth like Campbell's imaginary "Last Man," amidst unbroken solitude, but such only as when balanced with the equal rights of other men, may be accorded to each, without injury to the rest. The neces- sities of social existence, then, not in the Is Slavery Consistent loitTi Natural Law? rudeness of the savage state, but under those complex and refined forms which have been developed by Christian civili- zation, constitute a horizon by which the unbounded liberty of nature is spanned and circumscribed. This is no theory of social absolutism. It does not make society the source of our rights, which therefore might be con- ferred or withheld at its caprice or dis- cretion, but it does regard the just wants of society, as the measure and practical expression of their extent. It is no re- production of the exploded error of the ancient statesmen, who inverting the natural relations of the parties, consid- ered the aggrandizement of the State, without reference to the units of which it was composed, as the end of social union. The State was made for man, and not man for the State, but the coop- eration of the State is yet so necessary to the perfection of his nature, that his interests require the renunciation of any claim inconsistent with its existence, or its value as an agency of civilization. It invades no province sacred to the indi- vidual, because the Divine Being who has rendered government a necessity, has made it a universal blessing, by ordain- ing a preestablished harmony between the welfare of the individual and tlie re- straints which are requisite to the well- being of society. Unless there is some fatal flaw in this reasoning, men have no rights wliich cannot be reconciled with the possession of a restraining power by the State, large enough to embrace every variety of injustice and oppression, for which society may furnish the occasion or the opportunity. The social union brings with it dangers and temptations, as well as blessings and pleasures— and men can- not fulfil the law and purpose of their being, unless the State has authority to ^ protect the community from the tumul- tuous and outbreaking passions of its members, and to protect individuals as far as it can be accomplished without prejudice to the community from the consequences of their own incompetence, improvidence and folly. Such are the natural differences between men in char- acter and capacity, that without a steady and judicious effort by the State to re- dress the balance of privilege and oppor- tunity which these inequalities constantly derange, the rich must grow richer, and the poor poorer, until even anarchy would be a relief to the masses, from the suffer- ing and oppression of societ3^ Owing likewise to this variety of condition, and of moral and intellectual endowment, it is impossible to prescribe any stereotype forms admitting of universal application, under which the restraining discipline of law should be exercised. The ends of social union remain the same through all ages, but the means of realizing those ends must be adapted to successive stages of advancement, and change with the varying, intelligence and virtue of in- dividuals, and classes, and races, and the local circumstances of different coun- tries. The object being supreme in im- portance must carry with it as an inci- dent, the right to employ the means which may be requisite to its attainment. The individual must yield property, lib- erty, life itself when necessary to pre- serve the life, as it were, of the collec- tive humanity. To these principles, every enlightened government in the world, conforms its practice, protecting men not only from each other, but from themselves, graduating its restraints according to the character of the subject, and multiplying them with the increase of society in wealth, population and refinement. We cannot look into English or American jurisprudence without discovering innu- merable forms of restraint upon rights of persons as well as rights of pro- perty, as in that absolute subordi- nation of all personal rights to the gen- eral welfare, which lies at the foundation of the law for the public defence, the law to punish crimes, and the law to sup- press vagrancy: or in those qualified re- straints by which the administration of justice between individuals, has been sometimes enforced, as in imprisonment for debt : or in that partial and tempora- ry subjection of one person to the con- trol of another, either for the benefit of the former, or upon grounds of pub- lic policy, presented in the law of Is Slavery Consistent icilh Natural Late? parent and child, guardian and ward, master and apprentice, lunatic and com- mittee, husband and •wife, officer and sol- diers (if the army, captain and mariners of the ship. Whether we proceed in search of a general principle, which may ascertain the extent of the public authority byacourse of inductive reasoning, or by an observation of the practice of civilized communities, we reach the same conclu- sion. The State must possess the power of imposing any restraint without regard to its form, which can be shown by an