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No-Income-Tax · Discussion on why and how income taxes are not legally mandated for most Americans
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Persons

Why would the Founders use the word "persons" in the Constitution when at that time the Virginia Colonial statutes used that word to define slaves?

Lysander Spooner:

Colonial Statutes

 

Virginia.  Slavery was introduced in 1620 but no act was passed even purporting to declare who might be slaves until 1670.  In that year, a statute was passed in these words:  “That all servants, not being Christians, imported into this country by shipping, shall be slaves for life.”

 

This word “servants” of course legally describes individuals known as “servants,” as distinguished from other persons generally.  But no class of Africans “imported,” were known as “servants,” as distinguished from Africans generally, or in any manner to bring them within the legal description of “servants,” as here used.  In 1682 and 1705 acts were again passed declaring “that all servants,” imported, should slaves.  And it was not until 1748, after slavery had existed a hundred and twenty-eight years, that this description was changed for the following:

 

“That all persons, who have been or shall be imported into this colony, shall be slaves.”

 

The same law, in nearly the same words, was passed in Georgia, in 1770.  These were only general statutes, under which slaves were held in those four States (Virigina, North Carolina, South Carolina and Georgia) at the time of the revolution. They would all, for the reasons given, have amounted to nothing, as a foundation for the slavery now existing in those states, even if they had not been specially prohibited by their charters.






Sat Jul 18, 2009 4:41 pm

librababy2
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Message #8258 of 9088 |
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I take back what I said about the word persons, i.e., that the word wasn't defined in the statutes until the 14th Amendment.  While the word wasn't defined in...
patriot
librababy2
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Jul 18, 2009
5:23 pm

Why would the Founders use the word "persons" in the Constitution when at that time the Virginia Colonial statutes used that word to define slaves? Lysander...
patriot
librababy2
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Jul 18, 2009
5:51 pm

The answers to most our legal troubles today can be found in legal texts of the past- even as far back as "The Dialogue Concerning the Exchequer. circa...
patriot
librababy2
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Jul 18, 2009
6:55 pm
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