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Pearson Forensic Dispute on the Legality of Enslaving the Africans

Pearson_ForensicDispute1773_01
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Pearson_ForensicDispute1773_01

1 Convinced my friend of the importance of this question, & the peculiar proprioty attending the attentive consideration of it by the people of this land in the present state of our public affairs, I readily comply; trusting another, for the pardon of juvenile imperfections, to the candor of this polite & learned assembly, than to the efficacy of a tedious apology -

In order to determine this question it will be necessary first to compare the law of nature with the Idea of slavery in general; for if the principle of natural equality abovementioned be admissible slavery must be denyed universally, & consequently the lawfulness of it in any particular instance can no longer be a question.

Last edit about 2 years ago by Morhenn
Pearson_ForensicDispute1773_02
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Pearson_ForensicDispute1773_02

2 The law of nature as it respects society is founded in the happiness of the whole. Whatever practical principle therefore of any society is adapted to promote this end is agreeable to this law. This having been admitted by the generality of ethic writers as well as recognised by the wisdom of all good governments, I shall not stop to demonstrate it, but proceed to say, that by slavery in general is intended the involuntary insubordination of the will of one to that of another, whereby the external conduct of the former is in all things to be directed by the will of the latter. This Idea of slavery being compared with the law of nature above mentioned, it will hence follow that whenever the happiness of the whole will be promoted by the exercise of authority in some, tho' involving involuntary subordination in others the exercise of such authority must be acknow

Last edit 5 months ago by MaryV
Pearson_ForensicDispute1773_03
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Pearson_ForensicDispute1773_03

3 acknowledged fit & proper, that is, agreeable to the law of nature, & the principles or laws of any community whereby the [exer-?] of such authority is warranted, must be admitted to be just.

To support the general Idea of slavery therefore in opposition to the principle of natural equality, in opposition to the it will be necessary only to enquire whether this in any case actually takes place; for wherever this appears, there must be acknowledged a natural foundation for authority & inbordination , & the prin-ciple of universal quality must fall. And of this on one I think can remain a moment undetermined who reflects with the least degree of attention on the vast inequality [oversable?] between different individuals of the human species in point of qualifi-cation for the proper direction of conduct. Now, whether this inequality be considered as arising from difference in natural capa-city.

Last edit 5 months ago by MaryV
Pearson_ForensicDispute1773_04
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Pearson_ForensicDispute1773_04

4 -city, difference in the means of improvement or disposition properly to employ such means, in a word, whether it arises from nature or education, it matters not; while this is in fact the case, while some are actu-ally found so for to excell others both in the knowledge of the principles of pro-prioety, & disposition to practice such prin -ciples, as the the general end of happi-ness would be better promoted by the exercise of authority in the former, tho' necessarily involving inbordination in the latter, than by the enjoyment of equal liberty in each, the exercise of such authority must be right.

Agreeable hereunto is the foundation of th natural authority of parents over their children, it by no means consisting in the motion of derived existence, but in the different qualifications of parents & children to execute this immutable law. For while

Last edit 5 months ago by MaryV
Pearson_ForensicDispute1773_05
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Pearson_ForensicDispute1773_05

5 parents far excell their children in wis-dom, & from natural affection are dispos'd to promote their happiness, it will follow, that more happiness will result to both from the exercise of authority in parents & supordination in childre, than from the exercise of equal liberty in each. And that this authority of parents over their children is derived from this source, & not from the natural relation subsisting between them considered merely as parents & offspring, is evident from this consideration, that whenever the parent is by any means disqualified in the respects above mentioned to direct the conduct of his child, the inbordination of the child ceases. Every law is applicable to all cases within the same reason; & since it cannot be deni-ed that the reason of the authority & sub-ordination between parents & children equally ap-

Last edit about 2 years ago by Morhenn
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Pearson_ForensicDispute1773_06

6 applies to the support of a distinction of the same kind among others not so related, it will follow inevitably that a distiunction in the latter case is equally justifiable with one in the former: the are both supported by the same principle of natural law, & therefore must stand or fall together. I have introduced these observations upon the foundation of the authority of parents over their children, for the sake of example rather than as necessary to support the general idea of inequality, I say as neces-sary, for I think before the principle of abso-lute equality can be maintained, it must be made to appear that all mankind, in point of capacity & disposition to conduct properly, are equal.

It now only remains to apply these ge-neral principles to the particular case of the Africans in this country, & see what degree of authority the people here are

Last edit almost 2 years ago by Morhenn
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Pearson_ForensicDispute1773_07

7 thereby warranted to exercise over them. And if it shall appear in fact that they are not reduced by the law of this land to a degree of inbordination beyond what the law of nature abovementioned, the happiness of both requires, it will follow undeniably, that the law whereby they are thus subjected is just.

My friend, I am no enemy to humor; but I think it rarely serves to illustrate a logical conclusion. I confess my argument as you have represented it appears ridi-culous enough; but if you had deferred your reply 'till I had made an appli-cation of the principle to the point in hand, perhaps it had saved you this needless expense of wit.

I have not pretended as a consequence from my principles, that every degree of superiority in point of discretion could warrant to one individual of a community a

Last edit almost 2 years ago by Morhenn
Pearson_ForensicDispute1773_08
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Pearson_ForensicDispute1773_08

In right to exercise authority over his neighbor. I have only encountered that the motion of equality in the trial strict sense have no foundation in nature; but as high kings now the ruly end of action, we priority in point of wisdom goodnifs and, was in the nature of things a brother foundation of authority. And as nature has made a difference among creatures in there respect, so it was fit brother, and agreeable to nature's law, that different degreses of authority in point of direction. of conduct should be exercised by them if that this difference in some cases even among the human species was so ininheritent as rendered the exercise witheredwithout the consent of the goeverned. For this I have produced on example firm fact, in the case of parents and children. ALl this you have implicity allowed. I now go on to say as a consequency from the same acknowledged.

Last edit over 1 year ago by sgandhi24
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Pearson_ForensicDispute1773_10

standing such subordination, be not vastly preferable, regard being had to their interest (?) only, to their condition in their native country, no one I think can doubt, at least no one who has an adequate conception of the misery & wretchedness of that condition. Figure to yourself my friend, you are not unacquainted with the African history, figure to yourself my friend the delightful situation of a natural inhabitant of Africa. View him necessarily destitute of every mena of improvement in social virtue, of every advantage for the cultivation of these principles of humanity, in which alone consists the dignity of the rational nature, & from which only source springs all that pleasure, that happiness of life, whereby the human species is distinguish ed from other parts of the animal creation. Consider his situation as a candidate for an eternal existence, view him as necessa rily ignorant of every principle of that

Last edit over 1 year ago by kch24
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Pearson_ForensicDispute1773_11

religion, thro' the happy influence of which alone the degenerate race of Adam can rationally form the most distance expec tation of future felicity — View him moreover in a state in & of the most abject slavery, a slavery of the worst kind, a slavery of all others most destruc tive of human happiness, an entire subjection to the tyranni(?)ing power of lust & passion, wholly devoted to the governing influence of those irregular propensities, which are the genuine off spring of corrupted nature, when unres isted by philosophy or religion — View him actually clothed in all that brutal stupidity, that savage barbarity that naturally springs from such a source. Add to this his condition of perpetual insecurity arising from that state of hos tility that forever rages in those inhos pitable climes; I consider the treatment he is to expect when the fortune of war has

Last edit over 1 year ago by kch24
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