carpet (for inftance) during the time of childhood, is owing to a
weaknefs in the bladder,— whereas, after maturity, it arifes from a
difeafe in the interior parts; and, in the fame manner, the running
away of a child is from a defire of play; and the commiffion of theft
from thoughtlefnefs; but thefe, where they occur after maturity, are
the effedt of innate wickednefs.— By a child is here meant one in its
fterfedl fenfes; for a child not in its perfedt fenfes is incapable o f run-
ing away; whence it is that the term ufed in that cafe is loft or ftrayed,
not abfconded:— the running away, therefore, of fefeh a one is not a
defed.
Lunacyoper- M a d n e s s during infancy operates as a perpetual defedl-__ in
ates.as a per- , 1 t ' ft n i a t . . . a
petuaidefca, other words, it an infant ilave be fubjedt to lunacy in the hands of
era'o^tur f^e feller> and the lunacy recur whilft in the hands of the purchafer,
- after the lale. whether during childhood or after maturity, the purchafer is at liberty
to return him to the feller; becaufe this madnefe is in effedt the fame
as had originally exifted whilft the (lave was yet in the feller’ s hands
as being occafioned by the fame caufe, namely, an internal malady._
It is not, however, to be underftood (as feme have imagined) that the
return of the madnefs is not required as a condition to enable the purchafer
to diflolve the bargain; for G o d Almighty, as being all powerful,
may remove the madnefs, although that feldom happen. Hence
it is neceflary that the madnefs return, to enable the purchafer to dif-
folve the bargain; for, unlefs it adtually return, he has not this privi-
ledge. .
Defefb A bad fmell, from the breath or armpits, is a defedt in regard to
which oper- . . 1 °
ateinthefale female flaves, *becaufe in many inftances the objedt is to Jleep with them 5
but ant* exiftence of fuch defedts is a bar to the accomplifhment of that
not oimales, object.— Thefe, however, are not defedts with regard to male Haves;
becaufe the objedt, in purchafing them, is merely to ufe their fervices;
and to this thefe defedts are not obftacles, fitice it is poflible for a flave
to ferve his mafter without the neceftity of the mafter’s fitting down
with
with him, fo as to receive annoyance from thefe defedts.— If, however,
they proceed from difeafe, they are eonfidered as defedts with
regard to male Haves alio.
W horedom and baftardy are defedts with regard to a female Have,
hut not with regard to a male ; becaufe the objedt, in the purchafe of
a female Have, is cohabitation and the generation of children, which
mult be affedted by either of the above circumftances; whereas, the
objedt in the purchafe of a male Have is the ufe o f his fervices, the
value of which is not depreciated by his committing whoredom.— If,
however, a male flave be much addidledto whoredom, our lawyers are
of opinion that it is a defedt, becaufe in the purfuit of women he negledts
the fervice of his mafter.
I n f i d e l i t y is a defedt in both a male and female Have*; becaufe Infidelity is*
the difpofition of a Mujfulman is averfe to the fociety of infidels; and maic and/°-
alfo, becaufe as, in the expiation o f murder, the emancipation of an ma,‘ flaves-
infidel flave does not fuffice, it follows that the pofleflion of fuch a
flave is not what is defired, fince a part of the objedt is thus defeated.
If, on the contrary, a perfon Ihould purchafe a Have, on condition of
his being an infidel, and he afterwards prove a Mujfulman, the purchafer
has no power of diflolving the bargain, fince the exemption from infidelity
is no defedt.
A to ta l fuppreflion of the courfes, or an exceflive evacuation of Confiim.
them, are defedts with refpedt to ,a female flave, as they proceed from arede-
internal maladies. It is to be obferved, however, that the want of f'eas in a fe-
the courfes is not eonfidered as a defedt until the extreme period of ma- 3 a'° ’
turity be elapfed, which in females (according to Haneefa) is feventeen
years; and this knowledge muft be had from the information of the
* T h a t is, fuppofing the Have to be purchafed as a Mujfulman, and he prove to have
been an infidel at the time o f purchafe.
V ol. II. G g g flave