Untitled - African American History

WHAT IS SLAVERY. CCXXXVli
fate, would do violence to the law of his nature, because
his pursuit tends nothing to the great end of his exis-
tence, the greatest happiness of which he is susceptible.
And hence slavery may be utterly inconsistent with the
law of nature when applied to one race of men, and yet
be perfectly consistent with the nature of others. 1
Again. We must be careful to distinguish between
the state of nature and the law of nature. Many things
are contrary to the state of nature, which are not
contrary to the law of nature. Marriage, government,
all civilization, is adverse to a state of nature, yet
it would be hardly asserted, that thereby violence was
done to the law of nature. A celebrated Scotch commentator
applies this distinction clearly and philosophi-
cally to the subject of slavery: "It is indeed contrary
to the state of nature, by which all men were equal and
free ; but it is not repugnant to the law of nature, which
does not command men to remain in their native free-
dom, nor forbid the preserving persons at the expense
of their liberty," &c. 3
Heineccius points out clearly the
same distinction, for while with all writers on the civil
law, he declares the natural freedom of all men, he
adds: "Posset videri servitus juri nature repugnare;
sed id, meritd negatur ; servitus enim, in se nihil aliud
est, quam obligatio ad perpetuas operas. Si non injustum
est obligari ad annuas operas, quidni et ad perpetuas
?" 3
"It may appear that slavery is repugnant to
the law of nature; but that may be properly denied.
For slavery in itself is nothing but an obligation for per-
to be bound to serve
petual service. If it be not wrong
for a year, why not also for life ?" 4 And "
again, Juri
naturae, hujus modi servitus non repugnant, sed tarnen
1
Montesquieu, Spirit of Laws, Bk. XV, ch. viii.
8 McDouall's Institutes, Bk. I,
tit.
2, $ 77, p. 66. Burlamaqui seems
to favor this distinction, though not pointedly, in his Principles of Natu-
ral Law, Pt. I, ch. iv, 11.
8 Pralec. Ac. in H. Grot. Lib. II, cap. v, g 27.
4 Heinec. Praelec. Ac. in H. Grot. Lib. II, cap. v, \ 27.