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He therefore procured a decree of the senate, that in all public spectacles of any sort, and in any place whatever, the first tier of benches should be left empty for the accommodation of senators. He would not even permit the ambassadors of free nations, nor of those which were allies of Rome, to sit in the orchestra; having found that some manumitted slaves had been sent under that character.
It was as if they had said to the National Government: "In order to destroy the Confederacy and restore the Union you have manumitted these black men; but we will demonstrate to you, by our local legislation, that you are powerless to give them any further freedom than we are willing to concede, and we defy you to show by what means you can achieve it!"
Thou art not able so much as to defend thy own house, and but t'other day was baffled in a suit, by the opposed interest of a mere manumitted slave. What, hast thou neither means nor power in any other thing, but only to undertake Caesar? I quit the throne, if there be no other than I to obstruct thy hopes.
Being afraid, however, of incurring censure by such an act, he informed the public, that his ancestor Appius Caecus, the censor, had elected the sons of freedmen into the senate; for he was ignorant, it seems, that in the times of Appius, and a long while afterwards, persons manumitted were not called freedmen, but only their sons who were free-born.
Mitchell, a sugar planter who had resided twenty-seven years in Trinidad, and who is the superintendent of the liberated negroes there, says he knows of no instance of a manumitted slave not maintaining himself. Mr. Mitchell says that their work is well executed, and that they can earn as much as four shillings a day.
It is not the proud prelate thundering in his Commission Court, but a pack of manumitted slaves, with the lash of the beadle flagrant on their backs, and their legs still galled with their fetters, that would drive their brethren into that prison-house from whence they have just been permitted to escape.
6 But no action lies for an offence committed by a slave against his master, for between a master and a slave in his power there can be no obligation; consequently, if the slave becomes the property of some other person, or is manumitted, neither he nor his new master can be sued; and on the same principle, if another man's slave commits a wrong against you, and then becomes your property, the action is extinguished, because it has come into a condition in which an action cannot exist; the result being that even if the slave passes again out of your power you cannot sue.
There is, however, one case in which the institution of a slave by his mistress is void, even though freedom be given him in the will, as is provided by a constitution of the Emperors Severus and Antoninus in these terms: 'Reason demands that no slave, accused of criminal intercourse with his mistress, shall be capable of being manumitted, before his sentence is pronounced, by the will of the woman who is accused of participating in his guilt: accordingly if he be instituted heir by that mistress, the institution is void. Among 'other persons' slaves' is reckoned one in whom the testator has a usufruct.
And such children we have called to the succession not only of their parents, but also of one another reciprocally, by this enactment, whether those born in slavery and subsequently manumitted are the only children, or whether there be others conceived after their parents had obtained their freedom, and whether they all have the same father and mother, or the same father and different mothers, or vice versa; the rules applying to children born in lawful wedlock being applied here also.
They object, says he, to the Constitution, because the slave trade is laid open for twenty-odd years; and yet tell you, that by some latent operation of it, the slaves who are now, will be manumitted. At that same moment, it is opposed for being promotive and destructive of slavery.
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