Slavery Illustrated--Continued.
THE CHATTEL PRINCIPLE IN PRACTICE.
4. _Slavery utterly impoverishes its victims._ The earth is an
inheritance bestowed upon man by the common Father of all; hence every
human being has an indefeasible right to live upon it and to acquire a
possession in it. This right is not simply conventional, but it belongs
to man as _man_.
Now slavery is directly opposed to this law of nature. It strips a
slave of everything, and of the power to acquire anything. No one is
so poor as a slave. He cannot own a coat, or a pair of shoes, a house,
or a foot of land. No industry, economy, skill or patriotism can
release him from this state of destitution, because it is a logical
result of the relation in which he is placed by the slave code. Being
himself a chattel, whatever he acquires or in any way gains possession
of, is, as a matter of course, the acquirement and possession of his
master. Hence, while living in a land of universal plenty, and toiling
incessantly upon the fruitful earth, created and adorned for the use of
every man, no alms-house pauper is so wretchedly impoverished as the
American slave.
"Slaves have no legal rights in things, real or personal; but
whatever they may acquire, belongs in point of law to their masters."
(_Stroud._) "Slaves are incapable of inheriting or transmitting
property." (_Civil Code._)
Here is a case which will illustrate the point in hand. A slave by the
name of Frederick enlisted and fought bravely through the American
Revolution. In 1821 his name was found on the muster roll, and a
warrant was issued granting him the soldier's bounty of a thousand
acres of land. Now whose land was that? Reason and justice would
answer, it belonged to the black veteran and his heirs forever. But the
heirs of Frederick's old master understood something about slave law,
and brought the case into court that it might be legally determined
who owned the bounty land. After much learned argument, Judge Catron
delivered the following decision:--"Frederick, the slave of Col.
Patton, earned this warrant by his services in the continental line.
WHAT IS EARNED BY THE SLAVE BELONGS TO THE MASTER, by the common law,
the civil law, and the recognized rules of property in the slaveholding
States of this Union."
This was an extreme case, and as Pres. Blanchard observes, "if
Shylock's bond of human flesh might have been relaxed, if ever the laws
of slavery might have been mitigated in practice, it ought to have been
in the case of this veteran soldier." But the "pound of flesh" was
exacted. The law reducing slaves to utter pauperism is inexorable. Poor
Frederick had no more claim to that land than Col. Patton's horse had.
5. _Slavery authorizes the violation of the most solemn contracts._
Strictly speaking, a slave cannot become a party to a legal contract.
His inability to do so arises out of his relation to society, and the
evil genius which presides at all times over legislation for slaves
is very careful to permit nothing to be enacted, unless from absolute
necessity, that can be construed into an acknowledgment that the slave
is a man and has rights which he is authorized to maintain. Hence a
contract with a slave may be violated with impunity. He may suffer
the most flagrant wrongs, but is barred from courts of justice and can
obtain no relief.
On this point the following authorities are quoted.
"Chancery cannot enforce a contract between a master and his slave
though the slave perform his part." (_Wheeler._) "One principle
prevails in all the States * * and that is that a slave cannot make a
contract, _not even the contract of marriage_." (_ib._)
"In the case of Sawney _vs._ Carter the court refused to enforce a
promise by a master to emancipate his slave where the conditions of the
promise had been partly complied with. The court proceeded upon the
principle that it was not competent to a court in Chancery to enforce a
contract between a master and slave, even though the contract should be
fully complied with on the part of the slave." (_Goodell._)
In numerous instances masters and other white persons have taken
advantage of this unjust and malicious feature of slave law. It is
no uncommon occurrence for a slave to contract with his master for
freedom. He agrees to raise, by extra labor, a specified sum of money
which is to be the price of his liberty. Animated with the hope of
obtaining that precious right for which he has long sighed, he endures
incredible hardships, toils night after night, and, at the end of
many weary years, lays before his master a part or the whole of the
price agreed upon. Now when this is done, the master may, in perfect
accordance with American slave law, pocket the hard-earned money and
sell the slave to the next trader, or keep him until death in his own
service. If the slave repine at this treatment, he may be whipped
into submission. If he run away, he may be pursued with revolvers and
blood-hounds, and we are all required by the Fugitive Slave Law to help
catch him and carry him back to his faithless master. A case occurred
within the present year in Ky., which illustrates this odious feature
of slave law. Here is a brief statement of the facts.
"Sam Norris, a colored man, has been living in Covington about five
years, has married a free colored woman and has had by her several
children. He belongs to a Mr. J. N. Patton, of Virginia, who permitted
him to come to Covington, and engage in whatever services he saw
proper, on condition that Sam would pay him out of his earnings, a
stipulated sum per annum, we believe, about $100. The surplus, whatever
it might be, was to belong to the slave. Sam was punctual for several
years. He was sober and industrious, and in his humble way, very
prosperous. About two years ago Mr. Patton came west on a visit and
agreed with Sam that if he would pay him the sum of $400 he would give
him his freedom. Sam gratefully accepted the proposal, and at once paid
down out of his hard earnings $135 and has since given his master some
$40 or $50 more.
"Patton now comes forward to rescind the contract and claim his slave.
The case was yesterday decided by the Hon. Judge Pryor, in favor of
Patton. In delivering his decision, his Honor stated the following
facts:
"1st. That the laws of Kentucky recognize but two modes of liberating
slaves, by will and by deeds of emancipation.
"2d. That a slave cannot make a contract.
"3d. That the contract was executory, and at the time fixed for the
negro's freedom, future and contingent.
"4th. That so long as Sam was a slave, the master was entitled to his
services, and the money he (Patton) had received was in law his own.
"The opinion was able and elaborate, and the authorities numerous and
decided. His Honor characterized the case as one of great "hardship and
cruelty," and every one in the court room seemed to sympathize deeply
with the poor negro."
A lady at St. Louis, Mo., related to Mrs. F. D. Gage the following
circumstance, which transpired in that city a short time ago.
"I had, said the lady, an old colored woman washing for me a few years
ago, for four or five years--one of the most faithful, truthful,
and pious women, I ever knew--black or white. She was once a slave,
belonging to Davenport. But he was a kinder man than other men, and
gave her the privilege of buying her freedom for one thousand dollars!
This sum the old and faithful creature earned and paid herself. Only
think of it!--one thousand dollars for the privilege of buying what our
wise statesmen call the "inalienable right of men," bestowed by the
Creator. When free she stipulated for the freedom of her son, and this,
with years of toil, she earned; and when he came to manhood he too was
free.
"Think of this, fair mothers of our land! Ye who hug to your heart the
children of your love, and feel a mother's love and this for them.
You work to clothe, to school and make comfortable those dependent
upon your care; but which of you can measure the toil that this poor,
stricken mother had to bear, ere she filed away the galling chains
from the limbs of her child!
"Well, when the mother and son were free, they pledged themselves to
the owner of another plantation, to pay another thousand for the wife
and child of the ransomed son. The master allowed the woman to come to
the city, and live with her husband, and work on her own hook--paying
him so much per month. Three hundred dollars has been paid. Some time
in April, this oppressed class had a public tea-party and fair, to
gather funds to furnish their church, a neat edifice on ---- St. The
mother, son, and wife were there, returned home, or started home, about
midnight--the horses ran away, and George, attempting to get off the
carriage to assist the driver, fell, and his head was dashed to pieces
against the corner of a curb-stone.
"He died instantly, and the morning papers announced the fact, and
spoke of him as "highly worthy and respectable, and a member of ----
Church." But no sooner had the owner of Susan, the wife, heard of
George's death, than he hurried to the city post-haste, and took the
afflicted wife from their house, drove her to the Slave auction, and
sold her to southern traders.
"Thus were the three hundred dollars lost to those who earned it, the
old, toiling mother left childless; and the young wife, but yesterday
rejoicing in the strength and hope of freedom and love, suddenly
turned into a chattel, and sold "away down South," to be a beast of
burden--perhaps for a Legree."
"When did it happen inquired Mrs. Gage?"
"Why, here, lately. I met the old mother as I came from the "Fourth"
Pic nic. She was dressed in deep mourning. I had not seen her for a
long time, for they had got them a home, and she did not wash any more.
I asked her what had happened, and she told me all. O! Mrs. G., how it
made me feel! I celebrating our liberty, she, a woman--a wife--a mother
mourning over enslaved and doubly-wronged children.
""I know there is a God, Mrs. Lilly," the poor bowed creature said to
me, "I know there is a good God, and a Jesus, or I should give up in
despair, and sometimes I do; I look up and down and all round, and
_there is no light_!""
_Slavery leaves its victims a prey to unchecked avarice._ What
protection has a slave against the avarice of his master? Let us see. A
law of South Carolina provides that slaves shall "not labor to exceed
_fifteen hours_" out of twenty four. This is called protection!
"The slave is driven to the field in the morning about four o'clock.
The general calculation is to get them to work by day-light. The time
for breakfast is between nine and ten o'clock. This meal is sometimes
eaten 'bite and work,' others allow fifteen minutes, and this is the
only rest the slave has while in the field." (_G. W. Westgate._)
"In North Carolina, the legal standard of food for a slave must not be
less than a _quart of corn per day_. In Louisiana the legal standard is
one barrel of Indian corn--or the equivalent thereof in rice, beans or
other grain, and a pint of salt, every month." "The quantity allowed by
custom," said T. S. Clay of Georgia, "is a peck of corn per week."
When they return to their miserable huts at night, they find not there
the means of comfortable rest, but on the cold ground they must lie,
without covering, and shiver while they slumber.
"The clothing of slaves by day, and their covering by night, are
inadequate either for comfort or decency, in any or most of the
slaveholding States." (_Elliott._)
It is notorious that slaves, on large plantations especially, are
miserably fed, clothed and lodged, and during busy seasons of the year,
most unmercifully worked.
6. _Slavery abandons its victims to unbridled lust._ Against a master's
lusts a slave has no protection. It is an established principle of
the slave code that the _testimony_ of a slave against a white person
cannot be received in a court of justice. A slave woman who may be
abused cannot resort to the law. To whom can she appeal? To God only.
The master may torture her in any way, so that he take not her life, in
order to _force_ a compliance with his base designs!
"A very beautiful girl belonging to the estate of John French, a
deceased gambler of New Orleans, was sold a few days since, for the
round sum of _seven thousand dollars_! An ugly old bachelor, named
Gouch, was the purchaser. The _Picayune_ says that she was remarkable
for her beauty and intelligence; and that there was considerable strife
as to who should be the purchaser." (_Elliott._)
Any one can understand why that beautiful, intelligent slave girl
brought SEVEN THOUSAND DOLLARS! She was bought for a sacrifice to
lust! And the law gave her no protection. It required her to submit
unresistingly to the will of her owner and that owner was a base
libertine!
7. _Slavery exposes its victims to the fury of unrestrained passion._
A master in a violent passion may fall upon his slave, and beat him
unmercifully without the slightest provocation and _the slave has no
redress_.
"The master is not liable for an assault and battery committed upon the
person of his slave." (_Wheeler._)
A Methodist minister, Rev. J. Boucher, relates the following incident:
"While on the Alabama circuit I spent the Sabbath with an old circuit
preacher, who was also a doctor, living near 'the horse shoe,'
celebrated as Gen. Jackson's battle ground. On Monday morning early,
he was reading Pope's Messiah to me, when his wife called him out. I
glanced my eye out of the window, and saw a slave man standing by, and
they consulting over him. Presently the doctor took a rawhide from
under his coat, and began to cut up the half-naked back of the slave.
I saw six or seven inches of the skin turn up perfectly white at every
stroke, till the whole back was red with gore. The lacerated man cried
out some at first; but at every blow the doctor cried, 'won't ye hush?
won't ye hush?' till the slave finally stood still and groaned. As soon
as he had done, the doctor came in panting, almost out of breath, and,
addressing me, said, 'Won't you go to prayer with us, sir?' I fell on
my knees and prayed, but what I said I knew not. When I came out the
poor creature had crept up and knelt by the door during prayer; and his
back was a gore of blood quite to his heels."
Now this slave could not appeal to the law for redress or protection;
and the same cruel beating might have been repeated every week until
death had come to his relief, and the poor wretch must only bear
it--that is all. He was wholly at the mercy of the passions of his
master.
8. _Slavery subjects its victims to uncontrolled and irresponsible
tyranny._ Irresponsible power cannot be safely entrusted with the
wisest and most humane persons. It is always liable to great abuses.
But when all sorts of men are invested with it, when it can be
purchased with money, terrible beyond conception are its results.
Woe to the unhappy man who is put absolutely into the power of a
hard hearted villain. But slaves are property and are exposed to the
irresponsible power of their masters.
A master or overseer may, with impunity inflict upon a slave, without
the slightest provocation, any kind of torture, which can be endured,
and impose upon him all kinds of sufferings, hardships and insults.
He may clothe him in rags, feed him upon corn, lodge him in a mere
pen of poles, work him beyond his ability, kick him, cuff him, knock
him down, put him in stocks, strip him, tie him to a stake, and with
a keen lash lay on his bare back until the blood runs in a stream to
his heels. The laws not only allow this to be done, but it is done
continually. _Women_, yes, tender, delicate women; daughters, sisters
and mothers are unprotected by the laws. They may be, and are tied to
the whipping post; every day that we live, this _is_ done, and their
quivering flesh mangled by the cow-skin.
Dr. Howe visited a prison in New Orleans, in which fugitive slaves are
confined, and to which many slaves are brought by their masters to be
whipped, for which punishment a small fee is paid. In a letter to Hon.
Charles Sumner, he says:
"Entering a large paved court-yard, around which ran galleries filled
with slaves of all ages, sexes and colors, I heard the snap of a
whip, every stroke of which sounded like the sharp crack of a pistol.
I turned my head, and beheld a sight which absolutely chilled me to
the marrow of my bones, and gave me, for the first time in my life,
the sensation of my hair stiffening at the roots. There lay a black
girl flat upon her face, on a board, her two thumbs tied, and fastened
to one end, her feet tied, and drawn tightly to the other end, while
a strap passed over the small of her back, and, fastened around the
board, compressed her closely to it. Below the strap she was entirely
naked. By her side, and six feet off, stood a huge monster with a long
whip, which he applied with dreadful power and wonderful precision.
Every stroke brought away a strip of skin, which clung to the lash, or
fell quivering on the pavement, while the blood followed after it. The
poor creature writhed and shrieked, and in a voice which showed alike
her fear of death and her dreadful agony, screamed to her master, who
stood at her head, 'O, spare my life! don't cut my soul out!' But still
fell the horrid lash; still strip after strip peeled off from the skin;
gash after gash was cut in her living flesh, until it became a livid
and bloody mass of raw and quivering muscle. It was with the greatest
difficulty I refrained from springing upon the torturer, and arresting
his lash; but, alas! what could I do, but turn aside and hide my tears
for the sufferer, and my blushes for humanity? This was in a public
and regularly-organized prison; the punishment was one recognized and
authorized by the law. But think you that the poor wretch had committed
a heinous offense, and had been convicted thereof and sentenced to the
lash? Not at all. She was brought by her master to be whipped by the
common executioner, without trial, judge or jury, just at his beck or
nod, for some real or supposed offense, or to gratify his own whim or
malice. And he may bring her day after day, without cause assigned, and
inflict any number of lashes he pleases, short of twenty-five, provided
only he pays the fee. Or, if he choose, he may have a private whipping
board on his own premises, and brutalize himself there."
All this is done according to law. "We cannot allow," said Judge
Ruffin, "the right of the master to be brought into discussion in the
courts of justice. The slave, to remain a slave, must be made sensible
that there is NO APPEAL FROM HIS MASTER." The same Judge decided--that
"THE POWER OF THE MASTER MUST BE ABSOLUTE IN ORDER TO RENDER THE
SUBMISSION OF THE SLAVE PERFECT." How dreadful is this tyranny!