It is
impossible not to conceive that men in their original state were
equal[576]; and very difficult to imagine how one would be subjected to
another but by violent compulsion. An individual may, indeed, forfeit
his liberty by a crime; but he cannot by that crime forfeit the liberty
of his children[577]. What is true of a criminal seems true likewise of a
captive. A man may accept life from a conquering enemy on condition of
perpetual servitude; but it is very doubtful whether he can entail that
servitude on his descendants; for no man can stipulate without
commission for another. The condition which he himself accepts, his son
or grandson perhaps would have rejected. If we should admit, what
perhaps may with more reason be denied, that there are certain relations
between man and man which may make slavery necessary and just, yet it
can never be proved that he who is now suing for his freedom ever stood
in any of those relations. He is certainly subject by no law, but that
of violence, to his present master; who pretends no claim to his
obedience, but that he bought him from a merchant of slaves, whose right
to sell him never was examined.
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