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Untitled - African American History

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Ill HISTORICAL SKETCH OF SLAVERY.<br />

debt, by captivity, by birth, by marriage to a slave, or by<br />

sale as punishment for crime. 1<br />

Children follow the con-<br />

and all slaves are inherited as a<br />

dition of their mother ;<br />

part of the estate of a deceased master. The agrestic<br />

slaves (such as are attached to the soil), are subject to<br />

the laws of ancestral real property ; while the domestics,<br />

attached to the person, pass under the laws regulating<br />

personal property. 2<br />

The Hindoo law gave the master unlimited powers<br />

over his<br />

"<br />

slaves. It makes no provision for the protection<br />

of the slave from the cruelty and ill-treatment of an<br />

unfeeling master, nor defines the master's power over<br />

the person of his slave. It allows to the slave no right<br />

of property even in his own acquisitions, except by the<br />

of his master." 3<br />

indulgence<br />

The modes of enfranchisement, by this law, ^vere<br />

various. Among others, the preservation of the master's<br />

life; or the bearing to him a son, by a female slave,<br />

as a manumission. 4<br />

operated<br />

"When India passed under Mussulman rule, the Mohammedan<br />

law of slavery became engrafted upon that<br />

of India, and, until the possession by Britain, was the<br />

paramount law.<br />

The Mohammedan law recognized but two legitimate<br />

sources of slavery, viz. : captive infidels, and their de-<br />

scendants; these are subject to all the laws of contract,<br />

sale, and inheritance, as other property. They cannot<br />

marry without the consent of their masters ; they cannot<br />

testify as witnesses; they cannot be parties to a suit;<br />

they are ineligible to all offices of profit and trust ; nor<br />

can they contract, or acquire, or inherit property.<br />

1<br />

Adam, on Slavery in India, 14, citing Colebrooke's Digest of Hindoo<br />

Law, vol. ii, pp. 340, 346, 368 ; Menu's Institutes of Hindoo Law, ch.<br />

viii, v. 415 ; Wallon, de 1'Esclavage, &c., torn, i, p. 30.<br />

2 Ibid.<br />

8 Colebrooke, quoted by Adam, p. 17; Wallon, de 1'Esclavage, &c., torn,<br />

i, 33.<br />

4 Adam, on Slavery in India, 17, 19.

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