Page:Notes on the State of Virginia (1853).djvu/169

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LAWS.
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were confined in separate apartments, because to raise a child cost the master more than to buy one. Cato, for a very restricted indulgence to his slaves in this particular, took[1] from them a certain price. But in this country the slaves multiply as fast as the free inhabitants. Their situation and manners place the commerce between the two sexes almost without restraint. The same Cato, on a principle of economy, always sold his sick and superannuated slaves. He gives it as a standing precept to a master visiting his farm, to sell his old oxen, old wagons, old tools, old and diseased servants, and every thing else become useless: “Vendat boves vetulos, plaustrum vetus, serramenta vetera, servum senem, servum morbosum, & si quid aliud supersit vendat.”—Cato de re rusticâ, c. 2. The American slaves cannot enumerate this among the injuries and insults they receive. It was the common practice to expose in the island of Æsculapius, in the Tyber, diseased slaves, whose cure was like to become tedious.[2] The Emperor Claudius by an edict gave freedom to such of them as should recover, and first declared that if any person chose to kill rather than to expose them, it should be deemed homicide. The exposing them is a crime, of which no instance has existed with us; and were it to be followed by death, it would be punished capitally. We are told of a certain Vedius Pollio, who, in the presence of Augustus, would have given a slave as food to his fish for having broken a glass.[3] With the Romans, the regular method of taking the evidence of their slaves was under torture. Here it has been thought better never to resort to their evidence. When a master was murdered, all his slaves in the same house, or within hearing, were condemned to death. Here punishment falls on the guilty only, and as precise proof is required against him as against a freeman. Yet notwithstanding these


  1. Τȣς δȣλȣς εταξεν ὡρισμενȣ νομισματος ὁμιλειν ταις θεραπαινισιν. Plutarch. Cato.
  2. Suet. Claud. 25.
  3. Seneca de ira, L. 3, 40; de Clementia 1, 18; Xiphil. Aug., p. 76.