The Law Of Freedom And Bondage In The United States

the-law-of-freedom-and-bondage-in-the-united-states-volume-1-of-2-hurd-john-c-9781240102112-md

Discussion on Moors can be found on pages 162, 234, 341 in The Law of Freedom and Bondage in the United States, Volume 1  By J… inside we find:

Whatever foundations there may have been in natural reason for slavery, in the opinion of the nations of antiquity, the Roman legislators, or the Asiatic races, there does not appear to have been, in their judgment, any arguments, from he same source, establishing such differences between mankind that some races were liable to that chattel condition, and others naturally exempt. 

The Law of Nations, in their conception of it, regarded all men as equally capable of becoming property. The modern law of nations, as exhibited in the practice of modern European states, must be considered not only to have varied from the ancient rule, in asserting a right of dominion in Christians over infidels, but to have been father modified, since the geographical discoveries of the fifteenth century, and during America, b y the introduction of distinction founded on race or descent, and applied according to physical structure.

The capacity for that condition of loss of legal personality, or the liability to become property, being since that period, confined to the Indian races of America, and African Moors and Negroes; 1. Banc., 167,–that natives from the coast of the America were kidnapped by slavers” cites Peter Martr d’ Anghiera, d. VII., C. 1, 2. Hakluuyt, v. 404, 405, 407. The history of the introduction of Negroes into Spanish America, and of the influence of Lass Casas in effecting it is well known: see Irving’s History of Columbus. Robeterson’s Hist. of Am.,, and Hist of Charles V. 1 Banc., ch. 5. 1 Hiune;s Darsellung, ch. 3. Herrera is the original authority on these points. 

In his speech, 7 March 1850, Mr. Webster said, Works, vol. V., p. 329,–“The ingenious philosophy of the Greeks found, or sought to find, a justification for it exactly upon the grounds which have been assumed for such a justification in this country: that is, a natural and original difference among the races of mankind, and to the inferiority of the black or colored race to the white.

The Greeks justified their system of slavery upon that idea precisely.They held the African and some of the Asiatic tribes to be inferior to the white race,” ^c. There is nothing to justify this assertion. It appears to be founded on the assumption that those whom the Greeks called Barbar were identical with he half civilized nations of our own time. The Greeks meant by barbarians those who were not Greeks; and believed a Greek captive to be a lawful slave to a barbarian captor. 

The practice of enslaving their prisoners of war was at first mutual between Christian and Mohammedan nations as to each other, and was maintained by the last against the first to a late period; and may be in theory to the present day.

The Barbary powers justified their piracies against Europeans upon the pretext of a right sanctioned by religion and ancient international usage; and it was only at the beginning of the present century that they were finally compelled to abandon them after reiterated assertions of the modern international  law by Christian powers.

Both Christians and Mohammedans long maintained the right to enslave heathens and barbarians. Among the the first the act was almost universally supported, if the extension of the Christian faith and civilization were made the professed motive.

Even in Bulls of excommunication issued by the heads of the Roman Church previous to the Reformation it was common to declare the inhabitants of the excommunicated districts liable to be enslaved. See Bull of Gregory XI. again Floentines, 1376; Julius II. against Venetians, 1508; Paul III. against Henry VIII, 1588. See Fletcher: Studies on Slavery, pp 866-368/ Bower: vol. vii., oo. 379-447. 

Negro slavery, in connection with modern European law, was based on the idea above stated as part of the law of nations for Christian powers: that is, the African or Indian slave was held by the European master, as merchandise, by a principle of law then common to all Christian nations, without reference to the village of the feudal system; as the slave of Roman master, of whatever race, had been held by a law common to the then known world. 

At the time of the planting of the English colonies in America, the laws of war in Europe still retained traces of ancient harshness, and the right of Christian powers to enslave prisoners in war with heathen and infidel nations, was almost universally admitted. In wars between Europeans the custom of enslaving prisoners of war had ceased, and the claim of private property in the captor, giving a right to demand ransom, which had existed for some time after the amelioration of the ancient law of captivity, was almost universally abandoned. But the slavery of captives of the different creeds was still supported by Christian and Mohammedans against each other. 

The tenor of the Papal Bulls, in the years 1430, 1438, 1454, 1458, 1484, according to the author of Letters to Pro-Slavery Men, p 53, (Boston, 1855,) citing Colonie Auglicanae Illustrate; by Wm. Bollan, Lond., 1762, Part i., pp. 115-141, is “to appropriate the kingdom, goods and possessions of all infidels or heathen in Africa, or wherever so ever found, to reduce their persons of perpetual slavery, or to destroy them from the face of the arch”___”to take any of the Guineans or other Negroes, by force or by barter.”Gregory XVL in his Bull against the slave trade in 1840 (see Bishop England’s Works, vol. 3, p. 114) cites Bull of Pisu II. IN 1462 as against the same trade.

According to the Bull of Gregory XVI. opposed the slave trade. The author of the letters referred to says that their Bulls were not against the trade in general, or not against the African slave trade. Banc Hist., vol. i., 165 Vol. iii,.403. Hunes Darstellung, vol. i., ch. 3.

The Romans, in Virgils time, had negro slaves; a small poem entitled Moretum, ascribed to him, contains a description of a negro woman, represented as being the only domestic of a peasant, “exigui cultur rusticus agri,” v. 31: : Interdum clamat Cybalen, erst unica custos, Afra genus, tota paam testante fugs, Torta comam, labroque mammis, compressior alvo, Cruribus exillis, spatiose prodica plants; Continuis rimls calcaneca aclsa regbant.

About Post Author

Profile photo of El Aemer El Mujaddid
El Aemer El Mujaddid

American born Moor, Author, History Researcher, Modernist, 720 Entrepreneur/ Corporate Mogul in the making; who observes & analyzes human nature for data mining purposes. Knowing is Half the Battle, Wisdom is needed for appropriate application of knowledge and right reasoning.

One Comment

  • ahowi 8:19 am - January 30, 2017

    This book is at the Buffalo Central Library, in a room called the Governors Room had have to make a reservation to see this book and a librarian must be on deck.

Leave a Reply

This is a demo store for testing purposes — no orders shall be fulfilled. Dismiss

%d bloggers like this: