Africans to mental and religious darkness, by forbidding them all
access to letters; because the laws of the commonwealth forbade the
teaching of them to read. Will not even the intelligent reader, after
the currency of this charge, be surprised to learn that _there has
never been such a law upon the statute books of Virginia_? To assert
that there has been such a law, is an unmitigated falsehood. The only
enactment which touches the subject is the following sentence, in the
statute defining what were "unlawful assemblages" of negroes. "And
every assemblage of negroes for the purpose of instruction in reading
and writing, or in the night time for any purpose, shall be an
unlawful assembly." Stat. 1830-31, p. 107. The previous section,
commencing the definition of these unlawful assemblies, expressly
states that they are unlawful if held _without the master's consent_.
Our courts and lawyers uniformly held that, without this feature, no
assemblage of negroes, to do any thing not criminal _per se_, can be
unlawful; because the whole spirit of Virginian laws recognized the
master's authority. His slaves were subject to his government. His
authorization legalized everything not intrinsically criminal.
Accordingly, the uniform interpretation given to the above words was,
that it was the assembling of slaves for instruction in letters by
others than their master or his authorized agents, which constituted
the unlawful assembly. The whole extent of the law was, to arm masters
with the power to prevent the impertinent interference of others with
his servants, under the pretext of literary instruction; a power which
the meddlesomeness of abolitionists pointed out as most wholesome and
necessary. There was no more law to prevent the master from teaching
his slaves than his children; either by himself, or his authorized
agent; and thousands of slaves in Virginia were taught to read by
their masters, or their children and teachers. As many Virginian
slaves were able to read their Bibles, and had Bibles to read, as
could probably be found among the labouring poor of boasted Britain.
Here let another unmitigated falsehood be exposed. Since the
ill-starred overthrow of our system, the most noted religious
newspaper of the North, mentioning an appropriation of Bibles by the
American Bible Society for gifts to negroes of the South, applauded
the measure, because, as it asserted, "the Southern States had
hitherto forbidden the circulation of the Scriptures among their
slaves." It would be mere puling in us, to affect the belief that this
amazing statement was made in ignorance; when the officials of the
Society whose organ this slanderer professed to be, well know that,
ever since the institution of the Bible Society, they were scarcely
more familiar with any species of applications, than those of
Christian masters and mistresses, and of Southern ministers, for
Scriptures suitable for their servants. There has never been a law in
Virginia preventing the gratuitous circulation of the Bible among
slaves, or the possession or reading of it by slaves: and it is
confidently believed that there has never been a single man in
Virginia who desired such a law, or who would have executed it, had it
defiled our statute book; unless, perchance, it was some infidel of
that French school which invented abolitionism.
It is charged again, that slavery impiously and inhumanly sacrificed
the immortal soul of the slave, to secure the master's pecuniary
interest in him. This slander is already in part answered. We farther
declare that neither our laws, nor the current temper and usage of
masters, interfered with the slave's religious rights. On the
contrary, they all protected and established them. The law protected
the legal right of the slave to his Sabbath, forbidding the master to
employ him on that day in secular labours, other than those of
necessity and mercy. Instances in which slaves were prevented by their
masters from attending the publick worship of God, were fully as rare
among us, and as much reprobated, as similar abuses are in any other
Christian country. On the contrary, the masters were almost
universally more anxious that their servants should attend publick
worship, than the servants were to avail themselves of the privilege.
There was scarcely a Christian church in the South, which had not its
black communicants sitting amicably at the table beside their masters;
and the whole number of these adult communicants was reported by the
statistics of the churches, as not less than a half million. We can
emphatically declare, that we never saw or heard of a house of worship
in the South, where sittings were not provided for the blacks at the
expense of the whites: and it is believed that if there was such a
case, it was in a neighbourhood containing no negro population. And in
nearly every case, these sittings were more ample than the blacks
could be induced to fill. Nor was there any expenditure of money on
ecclesiastical objects, which was more cheerfully and liberally made,
than that for the religious culture of the slaves. Further, with a few
exceptions they enjoyed the fullest religious liberty in the selection
of their religious communions and places of worship. Masters refused
them liberty to join the churches of their choice more rarely than
parents in New England and Old England perpetrated that act of
spiritual tyranny upon their wives and daughters. So punctilious was
this respect for the spiritual liberty of the servants, that masters
universally yielded to it their own denominational preferences and
animosities, allowing their servants to join the sects most repugnant
to their own, even in cases as extreme as that of the Protestant and
Romanist. The white people of the South may consider themselves truly
fortunate, if they preserve, under the despotism which now rules them,
as much religious liberty as our negroes received at our hands.
Our system is represented as oppressive and cruel, appointing
different penalties for crimes to the black man and the white man;
depriving the slave of the privilege of testifying against a white in
a court of justice; subjecting him to frequent and inhuman corporal
punishments, and making it a crime for him to exercise the natural
right of self-defence, when violently assailed by a white man. The
reply is, that the penal code of Virginia was properly made different
in the case of the whites and the blacks, because of the lower moral
tone of the latter. Many things, which are severe penalties to the
white man, would be no punishment to the negro. And the penal code for
the latter was greatly milder, both in its provisions, and in the
temper of its administration, than that which obtained in England over
her white citizens, far into this century. The slave was not permitted
to testify against a white man, and this was a restriction made proper
by his low grade of truthfulness, his difference of race, and the fact
that he was to so great a degree subject to the will of another. But
the seeming severity of this restriction was almost wholly removed,
among us, by the fact that he always had, in his master, an interested
and zealous patron and guardian, in all collisions with other white
men. From oppression by his own master he found his sufficient
protection, usually, in affection and self-interest. But in most of
the abolition States, the wretched free black was equally disqualified
to testify against his white oppressor; and the vast difference
against him was, that he had no white master, the legal equal of his
assailant, eagerly engaged by self-interest, affection, and honourable
pride, to protect him. The black "citizen" was the helpless victim of
the white swindler or bully. And such was usually the hypocrisy of
abolitionism.
It is true again, that our law gave the master the power of corporal
punishment, and required the slave to submit. So does the law of
England give it to parents over children, to masters over apprentices,
and to husbands over wives. Now, while we freely admit that there were
in the South, instances of criminal barbarity in corporal punishments,
they were very infrequent, and were sternly reprobated by publick
opinion. So far were Southern plantations from being "lash-resounding
dens," the whipping of adult men and women had become the rare
exception. It was far less frequent and severe than the whipping of
white men was, a few years ago, in the British army and navy, not
probably more frequent than the whipping of wives is in the Northern
States of America, and not nearly so frequent as the whipping of white
young ladies now is in their State schools. The girls and boys of the
plantations received the lash from masters and agents more frequently
than the adults, as was necessary and right for the heedless children
of mothers semi-civilized and neglectful; but universally, this
punishment by their owners was far less frequent and severe than the
black parents themselves inflicted. We may be permitted to state our
own experience as a fair specimen of the average. The writer was for
eighteen years a householder and master of slaves, having the
government of a number of different slaves; and in that time he found
it necessary to administer the lash to adults in four cases; and two
of these were for a flagrant adultery--(resulting in the permanent
reform of at least one of the delinquents.) His government was
regarded by his slaveholding neighbours as by no means relaxed.
Indeed, Europeans and Yankees are always surprised at the leniency and
tolerance of Southern masters. But to the vain modern notion, that
corporal punishments are in any case barbarous and degrading, we give
place not for an instant. God enjoined them, in appropriate cases, on
Hebrew citizens. Solomon inculcates the rod as the most wholesome
correction for children. The degradation is in the offence, and not in
the punishment. This pretended exclusion of whipping is a part of that
Godless humanitarianism, born of conceit and pride, which always shows
itself as full of real ferocity as of affected mildness.
It is also an outrageous misrepresentation to say that our laws
imposed no check upon the master's brutality in punishing, and took
away the slave's natural right of self-defence. The slave whose life
was assailed might exercise the natural right of self-defence, even
against his own master. He did it, of course, under the same
responsibility to the law, and the same risque of guilt, if it should
appear that he had shed blood gratuitously in a moment of
ill-justified passion, under which the white man acts. Cases actually
adjudicated have clearly ascertained this principle. In the county
of----,[79] a slave, in the year 1861, turned upon his master during
harvest, and with his scythe inflicted a mortal wound. He was arrested
by his own fellow-slaves, and when questioned, replied to one, "I
intended to kill him;" and to another, "I tried to cut him in two." It
was proved by the defence, at his trial, (through the exclusive
testimony of blacks,) that his master had, on previous days, and also
on the morning of the same day, two hours previously, harassed him
with barbarous and unusual punishments, by which, although none of
them even in appearance assailed life, a just sense of outrage and
high indignation must have been produced. The grave defect of this
defence was, that the assaults of the master, although barbarous,
never had implicated life, and that two or more hours had intervened,
for the cooling of passion. The only immediate provocation at the time
of killing was the repetition of some words of rebuke, with a
comparatively slight chastisement. Such was the case. The court
decided that, on the one hand, a verdict of justifiable homicide could
not be given in the slave's favour, because the lawful present
provocation was absent; but on the other, that it was not murder,
because the barbarities which had preceded the act justified
resentment. The crime was therefore ascertained as a mitigated
homicide, with a milder punishment.
[Footnote 79: Names and places are suppressed in this publick
statement, for obvious reasons of regard for meritorious survivors.
But the official records are at hand, and will be furnished any
gainsayer.]
The laws of Virginia protected not only the life, but the limb of the
slave against white persons, and even his own master. The statute
against wounding, stabbing and maiming is in the following words:[80]
"If any free person maliciously shoot, stab, cut or wound _any
person_, or by any means cause him bodily injury with intent to maim,
disfigure, disable or kill, he shall, except where it is otherwise
provided, be punished by confinement in the penitentiary not less
than one, nor more than ten years. If such act be done unlawfully, but
not maliciously, with the intent aforesaid, the offender shall, at the
discretion of the jury if the accused be white, or of the court if he
be a negro, either be confined in the penitentiary not less than one
nor more than five years, or be confined in jail not exceeding twelve
months, and fined not exceeding five hundred dollars." And in the
chapter on trials it is added: [81] "And on any indictment for
maliciously shooting, stabbing, cutting or wounding a person, or by
any means causing him bodily injury with intent to kill him, the jury
may find the accused not guilty of the offence charged, but guilty of
maliciously doing such act with intent to maim, disfigure or disable,
or of unlawfully doing it, with intent to maim, disfigure, disable or
kill, such person." These are but digests of repeated older statutes
of Virginia, of date 1803, 1815, and 1819. Now the General Court, the
highest tribunal of appeal in criminal cases, [82]decided that the
"_any person_," protected by these laws, included the slave; and that
an indictment for the malicious stabbing of a slave could be supported
under these acts. Thus, while the slave was required to accept the
chastisement of his master, his life and limb were as fully protected
as those of the white man.
[Footnote 80: Code of 1849, Ch. 191, § 9. Edit. 1860, p. 784.]
[Footnote 81: Code of 1849, Ch. 208, § 30.]
[Footnote 82: Chapple's case, I. Virginia cases, 184. Carver's case,
5th Randolph's Rep., 660.]
The General Court,[83] in 1851, decided the appeal of Simeon Souther,
convicted in the County of Hanover of murder in the second degree,
because his slave Sam had, according to evidence, died under an
excessive and barbarous whipping, with other punishments, the whole
evidently not intended to kill. Souther's counsel appealed from this
sentence to the General Court, asking that the grade of the offence be
reduced to manslaughter only, because it appeared in evidence that the
punishments were not inflicted with intent to kill. The court, after
reprobating Souther's conduct as a "case of atrocious and wicked
cruelty," instead of reducing the grade of the sentence already
ascertained, decided that it was already too low; and that it should
have been declared murder in the first degree. This tribunal granted
that it is lawful for the master to chastise his slave; and that the
law, as expounded by the same authority, (5th Randolph, 678,) did not
sustain an indictment of the master on the mere allegation of excess
in chastisement, where it was not charged that any unlawful maiming or
other injury ensued. Because "it is the policy of the law in respect
to the relation of master and slave, and for the sake of securing
proper subordination and obedience on the part of the slave, to
protect the master from prosecution in all such cases." ... "But in so
inflicting punishment for the sake of punishment, the owner of the
slave acts at his peril; and if death ensues in consequence of such
punishment, the relation of master and slave affords no ground of
excuse or palliation. The principles of the common law in relation to
homicide apply to his case, without qualification or exception; and
according to those principles, the act of the prisoner, in the case
under consideration, amounted to murder. Upon this point we are
unanimous." And Souther, although a man of property, and supported by
the most active and able counsel, was committed to the penitentiary,
(in pursuance of the original sentence, of murder in the second
degree,) where he died. Such was the law and its administration in
Virginia.
[Footnote 83: 7th Grattan, 673, etc.]
It may further be asserted that the laws were at least as well
administered among us, against the murderers and oppressors of slaves,
as against those who killed their equals. Our people had unfortunately
imbibed, to some degree, the infidel and fanatical notions prevalent
at the North against capital punishments; so that crimes of bloodshed
met with more tolerance from publick sentiment than was proper. But
when a master took the life of his servant, especially if it were done
by cruel punishments, the publick scorn for his meanness and tyranny,
and the general feeling of kindliness for our dependent
fellow-creatures, were apt to secure a far more faithful execution of
the law against him, than if he had slain his white peer for any
insult or wrong.
The laws of Virginia were equally just and careful in protecting the
liberty of every person not justly held to bondage. The stealing or
kidnapping of any human being with the purpose of selling him into
slavery, is a felony, punishable by imprisonment in the penitentiary
not less than three, nor more than ten years.[84]
[Footnote 84: Code of Va., 1849, Chap. 191, § 17. The same may be
found at its appropriate place in the Code of 1860, which is little
more than a reprint of the Code of 1849.]
Any coloured person whatsoever, conceiving himself to be unlawfully
detained in bondage, may apply to any justice of the peace, or county
or circuit superior court, to enter a suit for his freedom. There is
not, within the lids of the Virginian code, another statute, so
generous, so careful, so tender, so watchful, in protecting every
possible right of a plaintiff, as this law enabling the slave,
unjustly detained, to sue out his freedom. First, it compels every
magistrate, of every grade, and every court, of every grade, to
hearken to the cry of the supposed oppressed man, and to take
effectual steps to secure him release, if just. Next, it instantly
takes the claimant out of the hand of his nominal master, and assigns
him protection and maintenance, during the pendency of his claim.
Next, it provides counsel, and all costs of suit for the oppressed
man, at publick expense. Next, it orders that his case shall have
precedence of all other cases, before whatever court he may select, at
its first sessions, irrespective of its place on the docket. And last,
if the claim to freedom be found just, the court is empowered to give
him damages for his detention pending the suit.[85]
[Footnote 85: Code of Va., 1849, Chap. 106.]
Another charge against us is, that our laws abrogated the rights of
marriage among slaves, authorized their capricious separation by
masters, and thus consigned them to promiscuous concubinage, like that
of beasts. Now, first, admitting defect in our legislation here, let
us ask, how much of the blame of the continuance of this defect is
chargeable upon the frantic attacks of abolitionists upon us? Every
sensible man can understand, that a people so fiercely assailed in
their vital rights should be occupied solely by righteous defence,
and should feel the time unsuited for the discussion of innovations,
however needful. And next, let it be understood what the South has
really done, and has not done, herein, and it will appear that an
amazing misrepresentation is made of the whole case. The form of the
charge usually is, that our laws deprived the slaves of all marital
rights. This is, first, a monstrous perversion of the facts, in that
the Africans never had any marital rights or domestic institutions to
be deprived of. Have men forgotten, that in their native country there
was no marriage, and no marriage law, but the negroes either lived in
vagrant concubinage, or held their plurality of wives as slaves, to be
either sold or slain at will? They have, at least, lost nothing, then;
and the utmost that could be charged upon our legislation is, that it
did not undertake to innovate upon their own native usages; that it
did not force upon them marital restraints, and penalties for their
breach, which the Africans were disqualified either to understand or
value, which they would have regarded as a more cruel burden than
their bondage. Next, our laws did not, as many seem to represent,
prohibit, or delegalize the marriage of slaves; but were simply silent
about them. The meaning of this silence was, to leave the whole matter
to the controul of the master. It appears almost impossible for
anti-slavery men to be made to apprehend the nature of the
institution, as described in the words, '_domestic_ slavery.' Their
minds, perverted with vain dreams of the powers and perfectibility of
the State, cannot be made to apprehend that God has made other parties
than the commonwealth and the civil magistrate, depositories of ruling
power; and that this arrangement is right and benevolent. Now, it is
the genius of slavery, to make the family the slave's commonwealth.
The family is his State. The master is his magistrate and legislator,
in all save certain of the graver criminal relations, in which the
commonwealth deals directly and personally with him. He is a member of
municipal society only through his master, who represents him. The
commonwealth knows him as only a life-long minor under the master's
tutelage. The integers of which the commonwealth aggregate is made up,
are not single human beings, but single families, authoritatively
represented in the father and master. And this is the fundamental
difference between the theory of the Bible, and that of radical
democracy. The silence of our laws, then, concerning the marriage of
slaves, means precisely this: that the whole subject is remitted to
the master, the chief magistrate of the little integral commonwealth,
the family. Obviously, therefore, the question whether our laws were
defective therein, is in no sense a question between the living of the
slaves in marriage or in beastly license; it is only a question
whether, in the distribution of ruling functions, those of the master
were not made too large and responsible, herein. And if error be
admitted in this respect, it cannot be one which makes the relation of
servitude sinful; for then the same crime must be fixed on all the
patriarchs, notwithstanding their care in rightly ordering and
preserving, as family heads, the marital relations of their children
and slaves, because, forsooth, there happened to be no commonwealth
law above them, as patriarchs, regulative of these marriages. This is
nonsense. Where the modern patriarch, the Southern master, rightly
ordered and protected the marriage relations of his slaves, the
silence of the commonwealth no more made their connexions concubinage,
than were those of Isaac, and of Abraham's steward, Eliezer of
Damascus. What magistrate or legislature, other than Abraham, issued
their marriage license? Who else enforced their marriage law or
defined its rights? What civic agent solemnized the ceremonial for
them? And this leads to another remark: that that ceremonial is wholly
unessential to the validity of marriage. Of course, where the laws
enjoin it for any class, every good citizen will observe it. But the
absence of such ordained ceremonial does not make lawful marriage
impossible. In this sense, _consensus facit nuptias_. It was thus that
the holiest wedlock ever seen on earth was instituted, that of Adam
and Eve; thus Abraham and Sarah, Isaac and Rebekah, were united. The
fact that our laws pronounce the unions of Quakers and of Jews,
legitimate marriage, although announced with different forms, and
indeed almost without form, evinces this truth.
Now, then, for the facts. These facts are, that marriage in its
substance was as much recognized among our servants as among any other
peasantry; that the union was uniformly instituted upon a formal
written license of the two masters; that it was almost always
sanctioned by a religious ceremonial conducted by a minister; that the
regularity of the connexion was uniformly recognized by the master's
assigning the husband and wife their own dwelling; that the moral
opinion of both whites and blacks made precisely the same distinction
between this connexion and the illicit ones, and between the fruits
of it as legitimate, and the fruits of concubinage as illegitimate,
which publick opinion establishes for white persons: and that even the
criminal law recognized it as a regular connexion, by extending to the
black man who slew the violator of his bed in heat of blood, the same
forbearance which it extends to the outraged husband. How can it be
said, in the face of these facts, that marriage did not exist among
them?
But, it is asked, did not the master possess power to separate this
union at his will; and was not this power often exercised? They did.
The power, relatively, was not often exercised; and when the
separation was not justified by the crimes of the parties, it met the
steady and increasing reprobation of publick opinion. The instances of
tyrannical separation were, at most, far fewer than the harsh tyranny
of destitution imposes on poor whites in all other countries; and the
pretended philanthropy of the Yankees has, in five years, torn asunder
more families than all the slave dealers of the South did in a
hundred. But the power of separating was sometimes abused by masters;
and the room for this abuse was just the defect in our laws, which
nearly all Southern Christians deplored, and which they desired to
repair. Justice requires the testimony, on the other hand, that the
relaxed morals which prevailed among the Africans was not the result
of their marital relations, as arranged among us, but the heritage of
their paganism; that under our system the evil was decreasing; and
that since their emancipation and nominal subjection to the marriage
law of the whites, a flood of licentiousness, vagrant concubinage,
and infanticide, has broken out again among them. Clear proof this,
that our abused system was better adapted to their character than the
present.
Anti-slavery men often talk as though the right of slave parents to
the controul and education of their children, were so indefeasible and
native, that it is a natural wrong to permit the authority of the
master over them to override that of the parents. This we utterly
deny. We have the authority of Locke himself for saying that the
parental authority is correlative to the parental obligation to
preserve and train the child; that it is, therefore, not indefeasible;
that if the father is clearly incompetent to or unwilling for his
duty, his authority often is, and of right ought to be, transferred by
society to another. When, therefore, the civilized master uses his
authority against and over that of the semi-civilized, or savage
parent, to train the slave child to habits of decency, industry,
intelligence, and virtue, which his degraded natural guardians are
unable or unwilling to inculcate, he does no crime against nature, but
an act just and beneficent.
The most odious part of this charge is, that slavery made the chastity
of the female slave the property of her master. We meet this with an
emphatic denial. It is false. The laws of Virginia protect the virtue
of the female slave by the very same statute which shields that of the
white lady, even against her own master. The law of rape, until 1849,
used these words:[86] "If any man do ravish _a woman_," &c. The act of
1849 used the words:[87] "If any white person do carnally know _a
female_ of the age of twelve years or more, against her will, by
force, or carnally know _a female child_, under that age," &c. (If the
ravisher were a negro the penalty was different.) The question is,
whether the words "_a woman_," and "_a female_," were intended to
include coloured persons and slaves. The answer uniformly given by
Virginian lawyers to this question is affirmative. They say that the
terms are the most general in our statutory vocabulary. The law of
1849, just quoted, clearly implies that the terms "a female," in § 15,
are inclusive of coloured females, by expressly introducing the word
"white," "a white female," in § 16, when its purpose was to enact a
special penalty for the forcible abduction of that class. The General
Court has held that _female_ is synonymous with _woman_,[88] and may
be substituted for it even in an indictment. Is it asked, why the
appeal is not made to judicial decisions, as conclusive authority of
the true intent of the statute? We have caused a thorough search to be
made by the most competent authority in Richmond; and while many
indictments are found against black men for rape of white women, none
exist, in the history of our jurisprudence, against white men for rape
of black women. And this, not because there would have been any
difficulty in making the indictment lie: _but because_, as the most
experienced lawyers testify, _the crime is unheard of on the part of
white men amongst us_.
[Footnote 86: Code, 1819, p. 585, Ch. 158.]
[Footnote 87: Code, 1849, p. 725, Ch. 191, § 15.]
[Footnote 88: Burnett's case, 2 Va. cases, 235. And this was an
indictment for rape.]
It is undoubtedly true, that the moral sense of the Africans on this
subject is low: that many voluntary breaches of chastity occur among
themselves, and some between them and whites. But the latter are far
less frequent than similar sins in Philadelphia, in Boston, in London.
Notwithstanding the sad inheritance of vice drawn by the Africans from
their pagan ancestors, Southern slavery had elevated them so far, that
illegitimate births among them had become far fewer than among the
boasted white peasantry of Protestant Scotland, with all its Bibles
and churches, and parochial schools. This fact can be proved by Scotch
statistics. The odious and filthy charge which the abolitionists make
against the Southern people and against slavery, as a system of lust,
also receives a terrible reply from the returns of the American
census. When illicit cohabitation takes place between the whites and
the blacks, nature tells the secret with infallible accuracy, in the
yellow skin of the offspring. The census of 1850 distinguished the
full blacks from the mulattoes, both among the slave and free. Of the
slaves, one in twelve was mulatto, taking the whole United States
together. Of the slaves in Virginia the ratio of mulattoes to blacks
was about the same. In South Carolina there was only one mulatto to
thirty-one black slaves! The explanation is, that the latter State,
being less commercial and manufacturing than Virginia, and having a
system of more perfect agricultural slavery, exposed her slaves less
to intercourse with immigrant and transient whites. But taking the
United States as a whole, the free mulattoes were more than half as
numerous as the free blacks! In several of the slave States they are
more numerous; and in Ohio, the stronghold of Black Republicanism,
there were fourteen thousand mulattoes to eleven thousand blacks.
Since the regular marriage of free blacks to the whites was as unknown
at the North as at the South, these figures tell a tale as to the
comparative prevalence of this infamous and unnatural form of
uncleanness among the Yankees, which should forever seal their lips
from reproaches of us. They also show that at the South the state of
slavery has been far more favourable to chastity among the coloured
people than that of freedom.
The reader probably feels by this time, that if we speak truth, then
was slavery a very different thing practically from its usual picture
abroad. He will perhaps feel with a shade of skepticism, that it is
strange the world should have been so much mistaken. The chief
explanation we offer of so strange a fact, is that trait of
abolitionists, our interested and unscrupulous accusers, predicted by
St. Paul: ("men of corrupt minds and destitute of the truth.") The
world will find them out in due time: the statements made of the
events of the late war have done much to unmask them. Still another
cause is that Europeans, and even Yankees, are so ignorant of Southern
society. Still another explanation is, that slavery in the British
colonies, from which the people of that Empire have chiefly derived
their conceptions, actually was far more harsh and barbarous than in
this country. The reader is emphatically cautioned that he must not
judge slavery in Virginia by slavery in Jamaica or Guiana. Whether the
charge of the great Paley is correct, who accounts for this difference
by the greater harshness of British character,[89] politeness may
forbid us to decide. But the comparative fates of the Africans in the
British colonies, and those in our States, tell the contrast between
the humanity of our system, and the barbarity of theirs, in terms of
indisputable clearness. If political science has ascertained any law,
it is that the well or ill-being of a people powerfully affects their
increase or decrease of numbers. The climate of the British Indies is
salubrious for blacks. Yet, of the one million seven hundred thousand
Africans imported into the British colonies, and their increase, only
six hundred and sixty thousand remained to be emancipated in 1832. The
three hundred and seventy-five thousand (the total) imported into the
Southern States, had multiplied to four millions. Such is the
contrast! How grinding and ruthless must have been that oppression
which in the one case reduced this prolific race, in the most fertile
and genial spots of earth, in the ratio of five to two! And how
generous and beneficent that government which, in the Southern States,
nursed them to a more than ten-fold increase, in a less hospitable and
fruitful clime! Well may we demur to have the world take its
conceptions of our slavery from the British.
[Footnote 89: Moral Philosophy, Bk. 3, p. 2, Ch. 3: "The inordinate
authority which the plantation laws confer upon the slaveholder, is
exercised by the _English_ slaveholder, especially, with rigour and
brutality."]
We trust that we shall proceed, then, to the remaining discussion of
the moral character of slavery, with a just understanding of what is
to be defended. It is simply that system which makes the involuntary
labour of the servant the property of the master, and gives the latter
such controul over the former's person, as will secure his possession
of the labour. We conclude this section with a few words touching the
admitted abuses of the system. That such existed among us, both
legislative and individual, is fully admitted. There were cruel
masters. Slaves were sometimes refused that which the apostle enjoined
masters to give them, as "just and equal." Some cruel punishments were
inflicted. A few slaves have been tortured to death. Some wives and
children were wickedly torn from their husbands and parents. And our
laws in some points failed to secure to the slaves that to which their
humanity entitled them. But we repeat, these things prove only the
sinfulness of the individual agent, and not of the system of which
they are incidents. Fathers have been known to maltreat, scourge, maim
and murder their children; and husbands their wives; but no one dreams
that these things evince the unrighteousness of the family relations.
Wife-murder is doubtless more frequent in the State of New York, than
slave-murder was in Virginia. The laws of the State of Indiana
concerning divorce are, in some particulars, glaring violations of
God's laws. Yet no one dreams of arguing thence, that to have a wife
in those States is a sin. Unless the abuse can be shown to be an
essential part of the system, it proves nothing against the lawfulness
of the system itself. But that none of these crimes against slaves are
essential parts of slavery, is proved by the fact, which we fearlessly
declare, that the vast majority of slaves in our country never
experienced any of them. The unfairness of this mode of arguing cannot
be better stated than in the words of Dr. Van Dyke, of New York:
"Their mode of arguing the question of slaveholding, by a pretended
appeal to facts, is a tissue of misrepresentation from beginning to
end. Let me illustrate my meaning by a parallel case. Suppose I
undertake to prove the wickedness of marriage, as it exists in the
city of New York. In this discussion suppose the Bible is excluded,
or, at least, that it is not recognized as having exclusive
jurisdiction in the decision of the question. My first appeal is to
the statute law of the State.
"I show there enactments which nullify the law of God, and make
divorce a marketable and cheap commodity. I collect the advertisements
of your daily papers, in which lawyers offer to procure the legal
separation of man and wife for a stipulated price, to say nothing, in
this sacred place, of other advertisements which decency forbids me to
quote. Then I turn to the records of our criminal courts, and find
that every day some cruel husband beats his wife, or some unnatural
parent murders his child, or some discontented wife or husband seeks
the dissolution of the marriage bond. In the next place, I turn to the
orphan asylums and hospitals, and show there the miserable wrecks of
domestic tyranny in wives deserted and children maimed by drunken
parents. In the last place, I go through our streets, and into our
tenement houses, and count the thousands of ragged children, who, amid
ignorance and filth, are training for the prison and gallows.
"Summing all these facts together, I put them forth as the fruits of
marriage in the city of New York, and a proof that the relation itself
is sinful. If I were a novelist, and had written a book to illustrate
this same doctrine, I would call this array of facts a 'Key.' In this
key I say nothing about the sweet charities and affections that
flourish in ten thousand homes, not a word about the multitude of
loving-kindnesses that characterize the daily life of honest people,
about the instruction and discipline that are training children at ten
thousand firesides for usefulness here and glory hereafter;--all this
I ignore, and quote only the statute book, the newspapers, the records
of criminal courts, and the miseries of the abodes of poverty. Now,
what have I done? I have not misstated or exaggerated a single fact.
And yet am I not a falsifier and a slanderer of the deepest dye? Is
there a virtuous woman or an honest man in this city whose cheeks
would not burn with indignation at my one-sided and injurious
statements? But this is just what abolitionism has done in regard to
slaveholding. It has undertaken to illustrate its cardinal doctrine in
works of fiction; and then, to sustain the creation of its fancy, has
attempted to underpin it with an accumulation of facts. These facts
are collected in precisely the way I have described. The statute books
of slaveholding States are searched, and every wrong enactment
collated, newspaper reports of cruelty and crime on the part of wicked
masters are treasured up and classified, all the outrages that have
been perpetrated 'by lewd fellows of the baser sort'--of whom there
are plenty, both North and South--are eagerly seized and recorded; and
this mass of vileness and filth, collected from the kennels and sewers
of society, is put forth as a faithful exhibition of slaveholding.
Senators in the forum, and ministers in the pulpit, distil this raw
material into the more reined slander 'that Southern society is
essentially barbarous, and that slaveholding had its origin in hell.'"
Such are the words of one who is himself no advocate of slavery, but
who is moved to utter them solely by his regard for truth. His
reprobation is just. To take the exceptional abuses of any
institution, and exhibit them as giving the ordinary state of society
under it, is the very essence of slander.
But the enemies of the South say, that still the system of slavery is
unrighteous, even though the generosity of a majority of masters
prevents its oppressions from being felt, because it confers a power
which is irresponsible. We reply, that this is true, although to a
vastly less degree than has been charged; but it is also true of every
form of authority under heaven; and it is simply impossible to place
authority in any human hands at all, without some degree of this
risque of irresponsible abuse. The authority of the master is no more
irresponsible than that of the husband, father, or mechanic, over his
wife, child, or apprentice. The father, in order to have authority,
must have discretion: and he may abuse it: for he is imperfect; and
against this abuse the child has no legal remedy. For this
imperfection in the family law there is no help, save by abolishing
all family government; a remedy fraught with ten thousand times the
mischief and misery which all the occasional severities of unnatural
parents have caused. All human government must have this defect, for
man, who administers it, is a sinner. So that the objection of the
abolitionist amounts to this: that the institution of slavery is
unlawful, because it is not perfect; which nothing human can be. It is
so true that any grant of power whatsoever confers some
irresponsibility; that the fact remains even where the rights of free
citizens are most carefully guarded under republican governments. See,
for example, the courts of law, which judge concerning our lives and
property. We attempt to limit the abuse of power of the lower courts,
by passing their decisions in review before a higher; but there must
be some highest, beyond which no appeal can go. Yet the judges of that
highest court are also capable of wrong and error; and if they commit
them, the victim has no human help; he must submit. All that just and
humane legislation can do, then, is so to adjust and limit powers,
that the chances of uncompensated wrong may be as small as possible.
Now we shall see that in this case of employer and labourer, such as
they are in Virginia, the chances of unredressed wrong were reduced to
their _minimum_ by our system of domestic slavery. For we thereby
raised the most efficient motives, those of self-interest and
affection, in the stronger party, to treat the weaker equitably. If
the irresponsibility of a part of the master's power proved the
relation sinful, all government would be wrong.
§ 3. _The Rights of Man and Slavery._
The radical objection to the righteousness of slavery in most minds
is, that it violates the natural liberty and equality of man. To clear
this matter, it is our purpose to test the common theory held as to
the rights of nature, and to show that this ground of opposition to
slavery rests upon a radical and disorganizing scheme of human rights,
is but Jacobinism in disguise, and involves a denial of all authority
whatsoever. The popular theory of man's natural rights, of the origin
of governments, and of the moral obligation of allegiance, is that
which traces them to a _social contract_. The true origin of this
theory may be found with Hobbes of Malmesbury. It owes its
respectability among Englishmen, chiefly to the pious John Locke, a
sort of baptized image of that atheistic philosopher;[90] and it was
ardently held by the infidel democrats of the first French revolution.
According to this scheme, each person is by nature an independent
_integer_, wholly _sui juris_, absolutely equal to every other man,
and naturally entitled, as a "Lord of Creation," to exercise his whole
will. Man's natural liberty was accordingly defined as _privilege to
do whatever he wished_. True, Locke attempts to limit this monstrous
postulate by defining man's native liberty as privilege to do whatever
he wished within the limits of the law of nature. But this virtually
returns to the same; because he teaches that man is by nature
absolutely independent, so that he must be himself the supreme,
original judge, what this law of nature is. According to the doctrine
of the social contract, man's natural rights are confounded with this
so-called natural liberty. Each man's natural right is to protect his
own existence, and to possess himself of whatever will render it more
happy, (Locke again adds, within the limits of natural law.) And this
scheme most essentially ignored the originality of moral distinctions.
Hobbes explains them as the conventional results of the rules which
man's experience and convenience have dictated to him. For, the
experience of the mutual violences and collisions of so many
independent wills, in this supposed "state of nature," induced men, in
time, to consent to the surrender of a part of this native
independence, in order to secure the remainder of their rights. To do
this, they are supposed to have conferred together, and to have formed
a compact with each other, binding themselves to each other to submit
to certain stipulated rules, which restrained a part of their natural
liberty, and to obey certain men selected to govern. The power thus
delegated to these hands was to be used to protect the remaining
rights of all. The terms of this compact form the organic law, or
constitution. Subsequent citizens entering the commonwealth by birth
or immigration, are assumed to have given an assent, express or
implied, to this compact. And if the question be asked, why men are
morally bound to obey magistrates, who naturally are their equals and
fellows, the answer of this school is: because they have voluntarily
bargained to do so in entering the social compact; and they receive a
_quid pro quo_ for their accession to it. Such is the theory of the
origin of government, from which the natural injustice of slavery is
deduced. For, obviously, if man's obligation to civil society
originates in the voluntary social contract of independent integers,
none can be rightfully held to a compulsory obedience, which enters
into all servitude, both domestic and political.
[Footnote 90: Notwithstanding Locke's amiable and pious spirit, the
history of philosophic opinion has shown that he is but a disguised
follower of the philosopher of Malmesbury. His psychology is but a
system of sensationalism, and his ethics lead to the denial of
original moral distinctions. Locke is chargeable with the germs of all
the mischievous and atheistical doctrines developed by Hume in Great
Britain, and Cordillac in France.]
Some liberal writers, as Blackstone, and the great Swiss publicist,
_Burlemaqui_, are too sensible not to see that this scheme is false to
the facts of the case. But they still hold, that although individual
men never, in fact, existed in the independent insulation supposed,
and did not actually pass into a state of society by a formal social
contract, yet such a transaction must be assumed as the implied and
virtual source of political power and civic obligation. To us it
appears, that if the contracting never occurred in fact, but is only a
theoretical fiction, it is no basis for any thing, and no source of
practical rights and duties. Civil society is a universal fact; and
its existence must be grounded in something actual. We object, then,
to this dream of a social contract preceded by a native state of
individual independence, that it is false to the facts of the case.
Human beings never rightfully existed, for one moment, in this state,
out of which they are supposed to have passed by their own option. God
never gave them such independency. Their responsibility to him, and to
the civil society under which He has placed them, is as _native_ as
they are, being ordained by God to exist from the first. Men do not
choose civic obligation, but are born to it, just as the child to his
filial obligation. And the simple, conclusive proof is, that if any
man were to claim this native option to assume or to decline civic
obligations, (in the latter case relinquishing also their advantages,)
there is not a government on earth, not the most liberal, that would
not laugh his claim to scorn, and at once compel his allegiance. The
very assumption of what this theory calls man's normal state, and the
very attempt to exercise the option which, as it babbles, originated
civil society, would constitute a man an outlaw, the radical enemy of
civic society, and would give it a natural right, that of
self-preservation, to destroy him. The scheme is not only fictitious,
but absurd.
Second: We object that it is atheistic, utterly ignoring the existence
of a Creator, and his relations to, and proprietorship in, man. It
affects to treat men as though their existence were underived, and
independent of any Supreme Being. It boldly discards God's right to
determine under what obligations man shall live, and quietly contemns
the great Scriptural fact that He has determined man shall live under
social law.
Third: This scheme is thoroughly unphilosophical, in that whereas the
science of government should be an inductive one, this theory is, and
in its nature must be, purely hypothetical. No body, no history
pretends to relate in a single instance, any such facts as it
professes to rest upon. This Locke admits, and even claims, absurdly
seeking in this mode to evade this vital objection. Hence we assert
that it has no claims to be entertained _in foro scientiæ_, even for
discussion.
Fourth: If man at first possessed that natural liberty, and passed
from it under the obligation of constitutions and laws by a social
contract, then sundry most inconvenient and preposterous consequences
must logically follow. One of these is, that when once men had
established their constitution, (in other words, their compact,) so
long as its terms were observed by the magistrates and the minority,
the majority could never righteously change it, no matter how
inconvenient, or even ruinous, new circumstances might have made it,
against the will of the minority or of the rulers. For when one has
made a voluntary bargain, subsequent inconveniences of it do not
justify its breach. The just man is one who changeth not, though he
"sweareth to his own hurt." Another consequence would be, that it
could never be settled what were the terms agreed upon in the original
compact, and what part of existing laws were the accretions of
unwarranted power, except in the case of written constitutions. Few
nations have such. But a far worse consequence would be, that if the
duty of allegiance originated in such compact, then any one
unconstitutional act of the rulers or majority would dissolve it. For
it is a covenant; but a covenant broken by one party is broken for
both. Now, who believes that a single unconstitutional act of the
ruler voids the whole allegiance of the aggrieved citizen? Where would
be the government which would not be plunged into anarchy?
Last, all commonwealths have found it necessary to arm the magistrate
with some powers, which individuals could not have conferred by a
social compact, because they never possessed them. One of these is the
power of life and death. No man's life is his own: it belongs to God
alone. One cannot bargain away what is not his own. Besides, it is
absurd to represent men as bargaining away this tremendous power for
some smaller advantages and securities; because life is the most
precious of all. "What shall a man accept in exchange for his life?"
It is of no avail to say that the community is entitled, by the law of
self-preservation, to assume this power; because, on this theory,
there is no community as yet. There is only a number of independent
integers, sovereignly treating with each other. The community cannot
assume powers before it exists! It is, if possible, still more
difficult to explain, on this theory, how political societies came by
the power of capital punishment, against aliens who assail their
members. But all governments hold aliens living among them, and
invading enemies, subject to their capital penalties. How is this? The
foreigner certainly has not assented to the social compact of this
society; for he claims to be alien, and to owe no allegiance. His
consent, the supposed fountain of all right over him, is utterly
lacking. Once more, this theory draws a broad distinction between
man's civil liberty as a subject of government, and his natural
liberty. The latter it defines as _privilege to do whatever the man
pleases_, within the limits of natural law as interpreted by himself.
And his natural rights are just the same. Some of these he voluntarily
surrenders to society, to secure the rest. All government, therefore,
is not only of the nature of restraint; it is essentially _restraint
upon one's rights_. The advocates of the theory distinctly represent
government as of the nature of a natural evil and wrong, but adopted
as an expedient against the worse evil, anarchy; and therefore the
obligation to obey it has no higher source than expediency. But worse
yet; if there is any such thing as intrinsic morality, government is
an immoral restraint, for it is a _restraint upon rights_. Whatever
good government may bring us, it is of that species which St. Paul
reprobates, as "doing evil that good may come." The great Hobbes was
therefore perfectly consistent, in teaching that there is no original
morality in acts, and that there was at first no such thing as right,
distinct from might. Morals are factitious distinctions invented under
civil society for expediency. Let the thoughtful reader consider how
this monstrous conclusion uproots all obligation, and order, and
allegiance. No man can hold the theory of the origin of government in
the social contract, unless he either holds, with Hobbes, this
damnable error, or with some abolitionists, (who are thoroughly
consistent here,) that _all government is immoral_.
But its advocates urge that it does give the correct origin of
government, because they can point to specific rights, which must have
been natural in the individual, but which we now find vested in the
government. The instance they most cite, is that of self-defence. We
accept it, and assert that it confirms our view. For, if the right of
self-defence means privilege of forcible resistance to violence at the
time it is offered, we utterly deny that it has been surrendered by
the individual, or can be justly limited one iota by government. If it
means the savage privilege of retaliation after the collision has
passed away, which claims to make the angry defendant accuser, judge,
jury, and executioner in his own case, we utterly deny that nature
ever gave such right to any man. "Vengeance is mine: I will repay,
saith the Lord." Another instance alleged, is when the citizen is
restrained by society from certain acts, moral _per se_: as selling
his corn out of the country when there is dearth. Yet the good citizen
obeys. The answer is, that if the restriction is not unjust, it is
because there exists among the citizens such danger of suffering for
corn, that the sending it out of the country would be a breach of the
natural law of love and equity. Natural rights may change with
circumstances, a simple truth often strangely forgotten on this
subject.
Now, it is from this vicious theory of human rights, that abolitionism
sucks its whole life. The whole argument is but this: no restraint of
government on man's will can be righteous, which is forcible and
involuntary, because the obligation of all just government originates
in the option of the individuals governed, who are by nature
sovereign. Before we indicate the relationship of this conclusion with
its disorganizing brood of kindred, we must pause to meet a question
which arises. It is this: if this pet hypothesis is relinquished, on
what basis shall we defend free government? Let us see if a better
foundation for its blessings cannot be found.
Political and ethical philosophers have been perpetually victims to
the notion, that because theirs are natural sciences, as distinguished
from revealed or theological, therefore they must banish from them all
reference to God, his nature, his acts, and his will, and our
relations to it. The true inference should be, only, that they must
abstain from the introduction of those peculiar revealed facts, which
belong to man as an object of redemption and subject of the Church of
Christ. If we are not atheists, the facts that God is, that our being
proceeds from his act, that we are his property, are as truly
_natural_ as man and his attributes are. They should therefore be
embraced as a part of the facts of the case, to be treated just as
all other natural facts, save that these are the most rudimental of
all. For, how can that treatment be truly scientific, which proceeds
upon a partial induction of the facts of the case, leaving out the
most primary? It is this illusion which has led so many moralists to
attempt the discussion of the nature and origin of moral distinctions,
without introducing a Creator, or a divine will. Whereas, a true
science accepts God as the first fact in ethics; his attributes as the
primary standard of the moral distinction; his will as the fountain of
moral obligation. What wretched impotency and confusion has not this
omission caused in ethical discussions!
In like manner, this impotent and infidel theory of government sets
out, (as was consistent with its atheistic inventors,) without
reference to the fact that man's existence, nature, and rights
originated in the personal will of a Creator, without reference to
original moral distinctions, or to original responsibilities to God,
or to the moral quality of God's will towards man. It quietly ignores
the fact that man's will, if he is the creature of an intelligent and
moral personal Creator, never could, by any possibility, be his proper
rule of acting. It passes over, in the insane pride of human
perfectionism, the great fact that man is also a naturally depraved
creature. It falsely supposes a state of nature, in which man's will
made his right: whereas no being, save an eternal and self-existent
God, has a right to exist in that state for one instant. But all these
are _facts of nature_, belonging to the case, ascertainable by
experience and reason. If, then, we would have a correct theory of
natural rights, all of them must be embraced in our view. And the
proper account of the matter is simply this: Inasmuch as man did not
make himself, _he enters existence the subject of God_. This
subjection is not only of force, but also of moral right. Moral
distinctions are original, being eternally expressed in God's
perfections, and sovereignly revealed to the creature in his
preceptive will; which is, to man, the practical source and rule of
obligation. This moral obligation is therefore as _native_ as man is.
The rudimental relations to his God and his fellows imposed on man are
binding on him _ab initio_; not at all by force of any assent of his
will, but merely by the rightful force of God's will: man's virtue is
to conform his will freely to God's. This will also defines his
rights; by which we mean those things which other creatures are
morally obliged to allow him to have and to do. Man, we repeat, enters
existence with these moral relations resting upon him. And among them,
are his social relations to his fellows; as is shown by the fact that
he has a social nature. Now civil government is nothing more than the
organization of a part of these social relations. God's will and
providence, then, as truly as his word, has placed man naturally under
civil government. It is as natural as man is. Again: the rule of
action imposed by just government is _the moral rule_. That is to say,
an equitable government enjoins on its members or subjects the doing
of those things which are morally right, and the refraining from those
things which are morally wrong.
We trace civil government, then, not to any social contract, or other
human expediency, but to the will and providence of God, and to
original moral obligation. If asked, whence the obligation to obey the
civil magistrate who, personally, is but our fellow, we answer, from
God's will, which is the source and measure of duty. Man's will is
wayward and depraved. Hence practical authority to enforce this rule
of right upon him must be lodged in some hands; and since God does not
rule statedly by miracle, it must be in human hands. Civil government
is God's ordinance, and its obligations are those of original moral
right. The advantage and convenience resulting illustrate and confirm,
but do not originate, the obligation. This is the theory of government
plainly taught by St. Paul (Rom. xiii. 1 to 7) and St. Peter (1 Ep.
ii. 13 to 18.) For we are here told that the civil magistrate is God's
minister, to uphold right and repress wrong; that obedience to him in
this is not only of moral, but religious obligation; and that he who
resists this function disobeys God.
What, then, is man's natural liberty? We answer, that it is only
_privilege to do whatever he has a moral right to do_. Freedom to do
whatever a man wills, is not a liberty, either natural or civil, but
an unnatural license, a natural iniquity; man's will being naturally
depraved. What then is man's civil liberty? We reply, that under an
equitable government, it is the same--the privilege to do whatever he
has a moral right to do. No government is perfectly equitable: none
are wholly unjust. Some withhold more, some fewer, of the citizen's
moral rights. None withhold them all. Hence, under the most despotic
government there are some rights left, and so, some liberty. A
perfectly just government would be one which would allot to each
citizen freedom to do all the things which he had a moral right to do,
and nothing else. Such a government would not restrain the natural
liberty of any citizen in any respect; each man's civil liberty would
be identical with his natural. Government does not originate rights,
neither can it justly take them away. But practically, it confirms,
instead of impairing, our natural liberty; because it secures us in
the exercise of it.
But the friends of liberal government may feel a lurking suspicion of
this plain statement; because it is on a theory of pretended 'divine
right' that the arguments for legitimacy, passive obedience, and
despotism repose. Let us, then, pause to inquire whether the true
scheme looks in that direction. And we ask first: Whether it is not
much more likely that tyrannical conclusions will be drawn from those
principles which ignore God, the great standard of right, and original
moral distinctions, which are the basis of all rights, and so of all
liberty--from principles which make man's might his natural right;
rather than from our principles, which solidly found man's rights in
eternal moral distinctions, and in the will of a just and benevolent
God, the common Father, before whom rulers and ruled are equal? And
when we turn to the history of opinion, we see that while Locke
illogically deduced from this theory of the social contract a scheme
of liberal government, his greater master, Hobbes, inferred that the
most complete despotism was the most consistent. And both the French
and the Yankee Jacobins, deriving from it an impious deification of
the will of the mob which happens to be the larger, as the supreme
law, have reduced their theory to practice in the most violent,
ruthless, and mischievous oppressions ever perpetrated on civilized
communities. Let the tree be judged by its fruits.
We repeat, that the glory and strength of the Christian theory of
human government and liberty is this: that _it founds man's rights on
eternal moral distinctions_. The liberty it grants each man is
privilege of doing all those things which he, with his particular
character and relations, is morally entitled to do. Privilege of doing
all other things it retrenches; for what would this be but sin? Now
the epitome of moral distinctions is, 'Love thy neighbour as thyself.'
It is the same law expressed in the "Golden Rule." The meaning of
this, as we saw, is, not that we must do to our fellow all that our
caprice might desire, if our positions were inverted; but what we
should believe ourselves morally entitled to require of him, in that
case. Here, then, is the true basis of human equality. Men are all
children of a common Father, brethren of the same race, each one
entitled by the same right to his own appropriate share of well-being.
Hence, by a single and conclusive step, as the foundation of civil
government is moral, its proper object is the good of all, governors
and governed. Government is not for the behoof of rulers, but of the
ruled also. Subjects were not made for kings, but kings for subjects.
Indeed, rulers are themselves subjects, owing allegiance to the
universal law of right, and members of the brotherhood for whose
common good this law reigns. In the sublime Words of Samuel
Rutherford, _Rex, Lex_. Neither Scriptures nor providence give to
rulers any of that paternal right over the people, of which the
legitimatists prate. They neither have for their subjects the father's
instinctive love, nor the father's natural superiority in virtue,
experience, or powers. The Scriptural governments over Israel were
none of them legitimatist; and that to which Paul, Peter, and Christ
owned conscientious allegiance, the Empire of the Cæsars, was not
hereditary, and was a recent novelty. Again: while it is God's
ordinance that men shall live under governments, no one form of
government is ordained. "The powers that be are ordained of God." The
one which, in His providence, actually subsists, is the legitimate one
to the individual conscience. Still less has God indicated the
individuals who shall govern as His agents. There is no divine
nomination of the particular person. Hence, as government is for the
common good of all, the selection of these agents belongs to the
common wisdom and rectitude of the whole. And it is in this sense,
(and only this,) that the Christian holds that the power of rulers is
delegated from the ruled. In the higher sense, it is delegated from
God, who is our true, rightful, and literal despot. The despotism of
perfect, infinite rectitude is the most perfect freedom.
Now it is clear, that the several rights of different individuals in
the same society must differ exceedingly, because the persons differ
indefinitely in powers, knowledge, virtue, and natural relations to
each other. From that very law of love and equity, whence the moral
equality of men was inferred, it must also follow, that one man is not
morally entitled to pursue his natural well-being at the expense of
that of other men, or of the society. Each one's right must be so
pursued, as not to infringe others' rights. The well-being of all is
inter-connected. Hence equity, yea, a true equality itself, demands a
varied distribution of social privilege among the members, according
to their different characters and relations. In other words, an equal
government must confer very different degrees of power, and impose
very different degrees of restraint, upon different classes of
members. To attempt an identical and mechanical equality; to confer on
those who are incompetent to use them, the same privileges granted to
others who can and will use them rightfully, would be essential
inequality; for it would clothe the incompetent and undeserving with
power to injure the deserving and capable, without real benefit to
themselves. Hence, the civic liberties of all classes in the same
society ought not to be the same. Thus, of the adult members, half are
females, inexorably separated by sex, strength, social relations, and
natural duties. Hence different civic rights are properly given to the
male, in some respects; not because it is right to empower him to
consume upon the promotion of his natural well-being that of his
sister, but because, on the whole, the well-being of both sexes is
thus most promoted. Whether this result does follow, must be a
question of fact, to be decided by experience, if not settled in
advance by God's Word. There is in the society another class of
members, the children, who are not only different from, but inferior
to, the adults, in knowledge, strength, experience, and self-controul.
Hence, it is equitable to withhold from them still other privileges of
the full citizenship. Again: the amount of privileges properly
conceded to the body of citizens of the first class, should vary in
different commonwealths with their average character. If intelligence
and virtue are, in the average, more developed, the restraints of
government should be fewer; if less cultivated, more numerous.
Different frames of government may be best for different communities.
Once more: If the society contains a class of adult members, so
deficient in virtue and intelligence that they would only abuse the
fuller privileges of other citizens to their own and others'
detriment, it is just to withhold so many of these privileges, and to
impose so much restraint, as may be necessary for the highest equity
to the whole body, inclusive of this subject class. And how much
restraint is just, must be determined by facts and experience. Any
degree of it is righteous, which is necessary to the righteous end.
This is so obvious, that even abolitionists admit it, when they lose
sight for the moment of their hobby. Of this Dr. Francis Wayland, a
prominent abolitionist, gives us a striking instance in his "Moral
Science." (Boston, 1838, p. 351.) He says: "Whatever concessions on
the part of the individual, and whatever powers on the part of
society, are _necessary_ to the existence of society, must, by the
very fact of the existence of society, be taken for granted." On p.
356, he adds: "If it be asked which of these" (hereditary, mixed, or
republican) "is the preferable form of government, the answer, I
think, must be conditional. The best form of government for any
people, _is the best that its present social and moral condition
renders practicable_. A people may be _so entirely surrendered to the
influence of passion_, and so feebly _influenced by moral restraints_,
that a government which relied upon moral restraints could not exist
for a day. In this case a subordinate and inferior principle yet
remains,--_the principle of fear_: and the only resort is to a
government of force, or a military despotism."
If then the necessities of order justify the subjection of a whole
nation, with their labour, property, and lives, to one man, will not
the same reasons justify the far milder and more benevolent authority
of masters over their servants? If it appear that the Africans in
these States were by recent descent pagans and barbarians, men in
bodily strength and appetite, with the reason and morals of children,
constitutionally prone to improvidence, so that their possession of
all the franchises of a free white citizen would make them a nuisance
to society and early victims to their own degradation; and if sound
experience teaches that this ruin cannot be prevented without a degree
of restraint approaching that proper for children; that is, by giving
to a guardian the controul of their involuntary labour, and the
expenditure of the fruits for the joint benefit of the parties; how
can we be condemned for it? And that social welfare and order, and the
happiness of the African himself, do call imperiously for this degree
of controul, is confessed by all who have a practical knowledge of his
character, as it is proved by the disasters resulting from his
emancipation.
Every government in the world acknowledges this necessity, and
applies, in some form, this remedy. The abolition government of the
United States, for instance, imposed compulsory restraints and labour
upon multitudes of fugitive slaves, during the war. The only
difference was, that whereas our system of domestic slavery placed
this power in hands most powerfully interested to employ it humanely
and wisely, the anti-slavery authorities placed it in hands which had
every selfish inducement to abuse it to the misery of the slave, and
the detriment of the publick interest. And the same government is
to-day avouching every word of the above argument, by justifying
itself, from a pretended political necessity, for placing the white
race of the South under a much stricter bondage than that formerly
borne by the negroes; a bondage which places not only labour and
property, but life, at the irresponsible will of the masters. If
slavery is wrong, then the abolitionists are the greatest sinners; for
they have turned their own brethren into a nation of slaves.
Domestic servitude, as we define and defend it, is but civil
government in one of its forms. All government is restraint; and this
is but one form of restraint. As long as man is a sinner, and his will
perverted, restraint is righteous. We are sick of that arrogant and
profane cant, which asserts man's 'capacity for self-government' as a
universal proposition; which represents human nature as so good, and
democratic government as so potent, that it is a sort of miraculous
_panacea_, sufficient to repair all the disorders of man's condition.
All this ignores the great truths, that man is fallen; that his will
is disordered, and therefore ought not to be his rule; that God, his
owner and master, has ordained that he shall live under authority.
What fruit has radical democracy ever borne, except factious
oppression, anarchy, and the stern necessity for despotism?
It has been stated that each man's civil liberty, which, under a just
government, is the same with his natural liberty, consists in the
privilege of doing and having those things to which he is morally
entitled. It has been shown, that as different persons in the same
society differ widely in character, powers, and relations, their
specific natural rights differ also. But under all forms of
government, all still have some liberty. And under a perfectly
equitable form, the different classes of persons would properly have
different grades of liberty. So that, even in the relation of
involuntary servitude for life, if it be not abused, there is an
appropriate liberty. Such a servant has privilege to do those things
which he is morally entitled to do. If there are certain things which
he is restrained by authority from doing, which the superior grades
may do, these things are not rights to him. His inferior character,
ignorance, and moral irresponsibility, have extinguished his right to
do them. And this properly, because his privilege of doing them would
injure others and himself, and thus violate the law of equity. If his
slavery restrains him from doing more things than these, then the laws
do him injustice, and mar his rightful liberty.
This degree of domestic servitude supposes that the end of the
restraints it imposes is, to secure, on the whole, the best well-being
of both parties to the relation, servant as well as master. Here we
may notice a forensic trick practised by Dr. Wayland and the
abolitionists. It is that of giving to the proposition which they wish
to overthrow, such an exposition as makes it absurd in itself. Says
this professed moralist, in his chapter on slavery: "Domestic slavery
proceeds upon the principle that the master has a right to controul
the actions, physical and intellectual, of the slave, for his own,
that is, the master's individual benefit; and of course, that the
happiness of the master, when it comes in competition with the
happiness of the slave, extinguishes in the latter the right to pursue
it." If this were true, it would need no argument to show that slavery
is a natural injustice. But slavery proceeds on no such principles.
All men ought to know that our slave laws proved the contrary, in that
they protected the slave, in many particulars, against the master's
will, when it became unrighteous. All know that the publick sentiment
of our people proved the contrary; in that the vast majority laboured
and gave heartily for the welfare of their servants. And all men who
have informed themselves know, that the grand result stamps the
definition as a misrepresentation; in that domestic slavery here has
conferred on the unfortunate black race more true well-being than any
other form of society has ever given them. But it may be asked: Do not
many masters selfishly use their slaves according to that definition?
We reply: Do not many parents selfishly use their children according
to that definition, neglecting their culture and true well-being,
temporal and eternal, for the sake of gain? And is it not in the
"thrifty" North that most of these instances of greedy, grinding
parents are found? Yet who dreams of accusing the parental relation as
therefore unrighteous and mischievous? This selfish tyranny is not the
parental relation, but the abuse of it. So, every intelligent master
defends his slaveholding, because it was, in the main, as preferable
for the slave's interest as for his own.
§ 4. _Abolitionism is Jacobinism._
The promise was made above, to unmask some of the hideous affinities
of the anti-slavery theory. This is now easy. If men are by nature
sovereign and independent, and mechanically equal in rights, and if
allegiance is founded solely on expressed or implied consent, then not
only slavery, but every involuntary restraint imposed on a person or a
class not convicted of crime, and every difference of franchise among
the members of civil society, is a glaring wrong. Such are the
premises of abolition. Obviously, then, the only just or free
government is one where all franchises are absolutely equal to all
sexes and conditions, where every office is directly elective, and
where no magistrate has any power not expressly assented to by the
popular will. For if inequalities of franchise may be justified by
differences of character and condition, of course a still wider
difference of these might justify so wide an inequality of rights as
that between the master and servant. Your true abolitionist is then,
of course, a Red-Republican, a Jacobin. Is not this strikingly
illustrated by the fact, that the first wholesale abolition in the
World was that enacted for the French colonies by the frantic
democrats of the 'Reign of Terror?' And this hint may serve to explain
to the aristocracy of Great Britain the popularity of the authoress of
'Uncle Tom's Cabin,' and of her slanderous book, among the masses
there. It was not because Britain was so exempt from cases of social
hardship and oppression at home, that its people had all its virtuous
sympathies at leisure and unoccupied, to pour forth upon the
imaginary wrongs of Uncle Tom: but it was because the Jacobinism of
the abolitionist theory awakened an echo in the hearts of the lower
classes, still seething with the recent upheaval of 1848. The
community of agrarian sympathies made itself felt. The noble Lords and
Ladies, who patronized the authoress and her book, were industriously
fanning the very fires which are destined to consume their vested
privileges.
Again, it follows of course from the premises of abolitionism, that
hereditary monarchy, no matter how limited, is a standing injustice. A
hereditary branch of the legislature is, if possible, still worse. Any
such thing as a privileged class in the State is a fraud upon the
others; for "all men are equal." The limitation of the right of
suffrage, by property or sex, is a crime against human right; for the
non-voting classes are ruled without their own consent; but consent
is, according to them, the source of rightful authority. Thus are
condemned at once the three branches of the hoary and honoured British
constitution, kings, lords, and commons; under which men have enjoyed
regulated liberty longer, and to a greater degree, than under any
government on earth. And here it may be remarked that abolitionist
ideas, so current in Great Britain, should have been as alien to the
prevalent turns of thought of that people, as they certainly are to
their welfare and the genius of their institutions. That a fantastic
sciolist, intoxicated with vanity and dazzled by some glittering
sophisms, should be an abolitionist, is natural. But Englishmen have
ever been esteemed a solid and practical race. Their political
conclusions have usually been, to the credit of their good sense,
historical rather than theoretical. Their temper has been rather to
guard the franchises inherited from their fathers, and approved by the
national experience, than to gape after visionary and abstract rights
of man. But despite all this, Great Britain has also been leavened
with this fell spirit. Her political managers imagined that they found
in abolitionism the convenient 'apple of discord' to destroy the peace
of a great rival, and they therefore fostered it. To this great
injustice they have added the condemnation of the South unheard, upon
the testimony of our interested accusers. And the majority of
Englishmen, with a dogmatism as unjust as senseless, have refused to
permit either explanation or defence, proudly wrapped in impenetrable
prejudice, while an innocent and noble people were condemned and
overwhelmed by baseless obloquy. But it requires no spirit of prophecy
to see that Divine Providence is speedily preparing a retribution by
means of their own sin, which will be tremendous enough to satisfy the
resentment of any injured Southerner. Abolitionized America is
manifestly to be the Nemesis of Britain, through her Jacobin ideas, or
arms, or both. The principles of abolition are, as we have proved,
destructive of the foundations of the British constitution. Her own
statesmen have insanely taught them to her people. The masses do not,
indeed, reason very continuously or consistently; yet principles once
fixed in their minds always work themselves out, in time, to their
logical results. The so-called "Liberal Party" of Great Britain, which
draws its inspirations from the abolition democracy of America, is
unveiling itself more and more, as a party of true Jacobinism; and
other parties have now paltered and dallied so long, that it will
speedily show itself irresistible. And when the policy of England is
swayed by moneyless votes, instead of capital and land, the caution
and forbearance, bred by financial interests, which has thus far
scarcely kept the peace between her and the United States, will
speedily be changed. The two Jacobinisms, now so sweetly fraternizing
over the ruin of the South, will disclose their innate and uniform
aggressiveness, and will rush at each other's throats. This the
immemorial rivalries and opposition of dearest interests will insure.
Then will England feel, in the disintegration of her whole social
fabrick by radical American ideas, and the Yankee invasions of Canada
and Ireland, the folly of her own policy.
But other consequences follow from the abolitionist dogmas. "All
involuntary restraint is a sin against natural rights," therefore laws
which give to husbands more power over the persons and property of
wives than to wives over husbands, are iniquitous, and should be
abolished. The same decision must be made upon the exclusion of women,
whether married or single, from suffrage, office, and the full
franchises of men. There must be an end of the wife's obedience to her
husband. Is it said that these subordinations are consistent, because
women assent to them voluntarily, in consenting to become wives? This
plea is insufficient, because the female sex is impelled to marriage
by irresistible laws of their nature and condition. How tyrannous is
this legislation which shuts woman up to the alternative of foregoing
the satisfaction of the prime instincts of her existence; or else of
submitting to a code of natural injustice! As to the disabilities of
single women, this plea has no pretended application. Thus the
abolitionists will reason, yea, are reasoning. What was the strange
prediction of prophetic wisdom, a few years ago, is now already
familiar fact. Female suffrage is already introduced in one State, and
will doubtless prevail as widely as abolitionism. But when God's
ordinance of the family is thus uprooted, and all the appointed
influences of education thus inverted; when America has had a
generation of women who were _politicians_, instead of _mothers_, how
fundamental must be the destruction of society, and how distant and
difficult must be the remedy!
Once more: The same principles have consistently led some
abolitionists to assail the parental relation itself. For although
none can deny that, in helpless infancy, subjection should be the
correlative of protection and maintenance, when once the young citizen
has passed from the age of childhood, by what reason can the
abolitionist justify his compulsory government by the father? Are not
all men by nature equal?
It has been currently asserted that the premises of the abolitionists
were embraced in the Declaration of Independence; so that the United
States have been committed to them from the beginning. The words
usually referred to are the following: "That all men are created
equal: that they are endowed by their Creator with certain inalienable
rights: that among these are life, liberty, and the pursuit of
happiness. That to secure these rights governments are instituted
among men, deriving their just powers from the consent of the
governed," etc. If by these celebrated propositions it was meant that
there ever was, or could be, a government where all men enjoyed the
same measure of privilege, then it is false. If it was meant that
there ever was, or could be, a state of society in which all men could
indulge their volitions to the same extent, and that, in every case,
the full extent, it is false; for natural and unavoidable differences
of persons must ever prevent this. If it were meant that all men are
naturally equal, then it would be false; for men are born with
different bodily and mental powers, different moral qualities, and
different inheritances of rights. If it was meant that every person
enters life free from just controul, it is false; for we all begin our
existence rightfully subject, irrespective of our consent, to
authority in family and State. Neither God nor nature makes it
optional with us whether we will be subject to government. But if it
be meant that all men are created equal in this sense, that all are
children of a common heavenly Father, all common subjects of the law
of equity expressed in the "Golden Rule," each one as truly entitled
to possess the set of rights justly appropriate to him, (and by the
same reason,) as any other is entitled to his set of rights; this is
true, and a glorious truth. This is man's moral equality. It means
that, under God, the servant is as much entitled to the rights and
privileges of a justly-treated servant, as the master is to the rights
of a master; that the commoner is as much entitled to the just
privileges of a commoner, as a peer to those of a peer. It is the
truthful boast of Englishmen, that in their land every man is equal
before the law. What does this mean? Does it mean that Lord Derby has
no other franchises and privileges than the day-labourer? By no
means. But the privileges allotted to the day-labourer by the laws are
defended by the same institutions, and adjudicated by the same free
principles, and made legally as inviolable, as the very different and
larger privileges of Earl Derby. It is in this sense that a just and
liberal government holds all men by nature equal. And if, when the
Declaration of Independence says that the right of all men to their
liberty is "inalienable," the proper definition of civil liberty is
accepted, (that it only means privilege to do what each man, in his
peculiar circumstances, has a moral right to do,) this also is
universally true. But all this is perfectly consistent with
differences of social condition, and station, and privilege; where
characters and relations are different. As we have seen, the servant
for life, who as a slave receives "those things which are just and
equal," has his true liberty, though it is different from that of the
free citizen; and the servant can no more be justly stripped of this
his _modicum_ of liberty, than the master of his. Last, when it is
declared that "governments derive their just powers from the consent
of the governed," there is a sense in which it is true, and one in
which it is false. In one sense, they derive their just powers from
God, his law, and providence. In the other sense, that the people are
not for their rulers, but the rulers for their people, the selection
of particular forms of constitution and of the individuals to execute
the functions, belongs to the aggregate rectitude and intelligence of
the commonwealth, expressed in some way practically fair. But by "the
consent of the governed," our wise fathers never intended the consent
of each particular human being, competent and incompetent. They
intended the representative commonwealth as a body, the "_populus_,"
or aggregate corporation of that part of the human beings properly
wielding the franchises of full citizens. Their proposition is
general, and not particular. The men of 1776 were not vain
_Ideologues_; they were sagacious, practical Englishmen. Thus
understood, as every correct thinker does, they teach nothing against
difference of privilege among the subjects of government; and
consequently, nothing inconsistent with the servitude of those who are
found incapable of beneficially possessing a fuller liberty.
Now, the evidence that this only was their meaning is absolutely
complete. Had their proposition been that of the Jacobin abolitionist,
(that just claim on men's obedience to authority is founded on the
individual's consent,) they must have ordered every thing differently
from their actual legislation. They could not have countenanced
limited suffrage, of which nearly all of them were advocates. They
must have taught female suffrage, which the most democratic of them
would have pronounced madness. Not only did they retain the African
race in slavery, in the face of this declaration, but they refused to
adopt full democratic equality, in reconstructing their constitutions.
Were these men fools? Were they ignorant of the plain meaning of their
own propositions? Did they, like modern Radicals, disdain the plainest
obligations of consistency? Some attempt to evade their retention of
slavery, by saying that they did not defend its consistency, nor
contemplate it as a permanent relation; but the other facts are
unanswerable. It may be true that Jefferson, the draughtsman of the
Declaration, did heartily adopt his propositions in the sense of the
advocates of the social contract; for it is well known that he was
properly a Democrat, and not, like the other great Whigs of Virginia,
only a Republican; that he had drank deeply into the spirit of Locke's
political writings; and that he had already contracted a fondness for
the atheistical philosophy of the French political reformers. But who
can believe that George Mason, of Gunston, could fail to see the
glaring inconsistency between these propositions, taken in the
extravagant and radical sense now forced upon them by the
abolitionists, and the constitution which he gave to the State of
Virginia? According to that immortal instrument, our commonwealth was
as distinctly contrasted with a levelling democracy, as any monarchy
regulated by laws could possibly be. It was, indeed, a liberal,
aristocratic republic. None could vote save the owners of land in
fee-simple; and these were permitted to exercise their elective powers
directly, only in one sole instance, the election of the General
Assembly. This Assembly then exercised, without farther reference to
the freeholders, all the powers of the commonwealth. The Assembly
elected the Governor of the State. The Assembly appointed all judges
of law, and executive officers of State. The county courts, to whom
belonged the whole power of police, of local taxation, and of
administration of local justice in cases beneath the grade of a
felony, formed a proper aristocracy, serving for life, appointing
their own clerks and sheriffs, and filling vacancies in their own
numbers by a nomination to the Governor, which was always virtually
imperative. Such was the government which the statesmen of Virginia
deliberately adopted, after signing the Declaration of Independence;
than which none could have been devised by human wit, so well adapted
to the character and wants of their people, and under which they
exhibited the highest political stability and purity which our
commonwealth has ever known. Any one who knows the British
Constitution will see at a glance, that our Virginian frame of
government was not the work of men led by the Utopian dream of
"liberty, fraternity, and equality," but of practical statesmen,
establishing for their posterity the historical rights of British
freemen.
But were the language of the Declaration of Independence as decisive
as anti-slavery men suppose, it would concern us exceedingly little.
We regard it as no political revelation. When we formed a part of the
United States, it was no article of our constitution; and still less
are we responsible for it now. If it should be even convicted of
embodying some error, this would be neither very surprising, nor very
disgraceful to its authors. For what more probable than that men
inflamed by the spirit of resistance to tyranny, and surrounded by the
excitements of a revolution, in the indiscreet effort to propound a
set of abstract generalities as the basis of their action, should mix
the plausible errors of the advocates of freedom with the precious
truth?
§ 5. _Labour of another may be Property._
By confounding the master's right to the slave's labour with a
pretended property in his conscience, soul, and whole personality,
abolitionists have attempted to represent "property in man" as a
self-evident wrong. But we shall show that, in the only sense in which
we hold it, property in man is recognized by the laws of every
commonwealth. The father has property in his child, the master in his
apprentice, the husband in his wife, the wife in her husband, and the
employer in his hireling. In every one of these cases, this property
is recoverable by suits at law, and admits of being transmuted for
money, just as any other possession. When the husband is killed by the
culpable negligence of a railroad company which had engaged to
transport him for hire, the wife sues and recovers money damages. When
the daughter is seduced from her father's house, he may sue for
compensation, and the court will assess the value of her remaining
services until her majority, at such a sum as they judge proper. How
is this to be explained, save by regarding the wife as having lawful
property in the industry of her husband, and the father as having
property in the labour of his daughter? The labour of a minor son is
often sold by the father, and thus becomes the property of the
purchaser. It is of no avail to say that this labour is voluntary, and
that the property originates in the virtual compact between the
parties; for this is not true of the parental relation. Still another
striking instance of lawful property in the involuntary labour of a
fellow-man, appears in the apprenticeship of the children of paupers.
Pauperism is not a crime; yet these children are, with undisputed
moral propriety, indentured to householders, during their minority;
and the labour thus conveyed is hired, sold, bequeathed, just as any
other property. Dr. Wayland argues that there cannot be ownership in
man, because ownership as he defines it, consists in our "_right to
use the property as we please!_" This definition was made to suit
abolitionism, and is not the truth. May we, because we have property
in our horses, use them living as we would our logs of wood, for fuel?
The ethics of common sense, as that of all true science, (what Dr. W.
should have known, if he had been fit to do what he assumed, teach
science,) define ownership to be _a right to use our property
according to its nature_. Thus defined, property in man presents no
solecism whatever, inconsistent with righteousness.
§ 6. _The Slave Received due Wages._
But it is charged that the injustice of our system is apparent in
this, that it takes the slave's labour without compensation. It is
simply untrue. Southern slaves received, on the average, better and
more certain compensation than any labouring people of their capacity
in the world. It came to them in the form of that maintenance, which
the master was bound by the laws,[91] as well as his own interests, to
bestow upon them. During childhood, they were reared at his expense;
in sickness they received maintenance, nursing, and the same medical
advice which he provided for his own children; all at his expense.
When they married and had children, (which all did, single-blessedness
was unknown among them,) their families were provided for by the
masters without one additional toil or anxiety on their part. When
they died, their orphans had, in the master's estate, an unfailing
provision against destitution; and if old age overtook them, they
received, without labour, the same supplies and comforts which were
allotted to them in their prime. How many of the sons of toil in
nominally free countries would seize with rapture the offer of such
wages for their labour, if the name of slavery were detached from
them? To be able to secure, by the moderate labours of their active
years, a certain and liberal provision for their daily wants, for
their families, however large, and for sickness and old age, would be
a contract so advantageous, in comparison with the hardships and
uncertainties of the peasant's usual life, that few thoughtful persons
of that class would hesitate, from love of novelty or dim hope of a
more lucky career, to embrace it. But this is just what our laws and
customs gave to our slaves, as wages of their easy labour.
[Footnote 91: See Code of Va., 1849, Chap. 10 § 6.]
But the anti-slavery man objects, that the adjustment of this
compensation is made at the will of the master alone, while the slave
has no power to influence it. This is precisely the same objection, in
effect, with the one that the labour is involuntary. We have already
shown that this circumstance alone does not make the claim on the
labour unjust. And if the system makes for the slave, on the average,
a better bargain than he could make for himself, where is his
hardship? Is he injured by being restrained of the liberty of injuring
himself? Surely, the fairness of any system should be judged by the
fairness of its average results. If some masters withhold a part of
the due wages, by failing to "render to their servants that which is
just and equal," this is their individual fault, not that of the
system. St. Paul, in the passage quoted, manifestly thought that we
might hold the involuntary labour of our slaves, and yet be no
robbers.
But our enemies return to the charge, urging that we robbed our
slaves, because we engrossed to ourselves the lion's share of the
bondsman's labour. The master and his family, say they, who did no
work, rolled in luxury, while the poor slaves, who did all, got only
such a pittance as was needed to preserve their capacity for toil.
This is false in every part. Masters and their families were not
idlers. Their life was not relatively luxurious. The slave's share was
not a pittance, but much more like the lion's share. But, they
exclaim: "Let the masters stand aside and allow the slaves to enjoy
the whole fruits of the estates they cultivate: then only will the
former cease to be robbers." This astonishing folly is exposed by
simply asking, whether capital and superintending skill are not
entitled to wages, as well as labour? The crops of the Southern
plantation were the joint fruit of the master's capital, the master's
labour and skill of oversight, and the slaves' labour. If capital be
denied all remuneration, the wheels of productive industry would stop
everywhere, to the especial ruin of the labouring classes. Does the
anti-slavery manufacturer of Lowell or Manchester think it fair, after
investing his thousands in fixtures and material, and bestowing his
anxious superintendence, that his operatives should claim the whole
profits of the factory, leaving him not a penny, because, forsooth, he
never spun or wove a thread? Away with the nonsense! Southern slaves
enjoyed a larger share of the proceeds of conjoined capital,
superintending skill, and labour, than any operatives in the world.
This is not only allowed, but virtually asserted, by anti-slavery men,
when they reason that slavery is an economical evil, because the
maintenance of slaves is more costly, in proportion to the value of
their labour, than that of free labourers. Thus, in one place, they
object that slaves receive too much compensation, and in another, that
they receive too little. Nor is it true that Southern masters usually
make no contribution of labour to the products of their farms. There
is nowhere a population of equal wealth, more industrious than
slaveholders. The master usually contributes far more to the common
production than the strongest labourer on his estate; and the mistress
more than the most industrious female servant, partly in the labours
of superintendence, but also in actual toil.
§ 7. _Effects of Slavery on Moral Character._
It is argued by abolitionists, that slavery regularly exerts many
influences tending to degrade the moral character of both masters and
servants. Their charge cannot be better stated than in the Words of
Dr. Wayland. ["Moral Science," Personal Liberty, Ch. I., § 2.]
"Its effects must be disastrous upon the morals of both parties. By
presenting objects on whom passion may be satiated without resistance,
and without redress, it tends to cultivate in the master, pride,
anger, cruelty, selfishness, and licentiousness. By accustoming the
slave to subject his moral principles to the will of another, it
tends to abolish in him all moral distinctions, and thus fosters in
him, lying, deceit, hypocrisy, dishonesty, and a willingness to yield
himself up to minister to the appetites of his master. That in all
slaveholding countries there are exceptions to this remark, and that
there are principles in human nature which, in many cases, limit the
effect of these tendencies, may be gladly admitted. Yet that such is
the tendency of slavery as slavery, we think no reflecting person can
for a moment hesitate to allow."
This is a flattering picture of us, truly! By good fortune, it is
drawn by one who knows nothing of us. Just such are the current
representations which Yankees have made of Southern morals, down to
the notable instance of Senator Sumner's speech on the "Barbarism of
Slavery." The question whether the system of slave labour deteriorates
the morals of master and servant, as compared with that of free
labour, may be treated as one of deduction and reasoning, or one of
fact. The latter is the more trustworthy way to decide it. Dr. Wayland
undertakes to settle it solely by the former. And it is manifest to
the first glance, that his whole reasoning begs the question. If the
very relation is wicked, if every act of authority on the master's
part is a wrong, and of submission on the servant's part is a
surrender of his right, then the reasoning is plausible. But let us
suppose, for argument's sake, (what may be true, as it is the very
point undecided,) that the relation may be right, the authority
exercised lawful, and the things our servants are usually enjoined to
do, innocent acts. Then, the fact that there is authority on one side
and obedience on the other, cannot tend, of itself, to degrade ruler
and ruled: for if this were so, the parental relation itself (ordained
by God as His school of morals for young human beings) would be a
school of vice. But the argument is a sophism, in a yet more audacious
and insulting sense. Its author argues the degradation of the slave,
chiefly because his wicked master compels him by fear to do so many
wicked things. But suppose the master to be a gentleman, and not a
brute, so that the things he customarily compels the slave to do, are
right things; where, then, is the argument? Which of the two
characters masters usually bear, is the question to be solved at the
conclusion of the reasoning, and, yet more, to be decided by the surer
testimony of fact. But Dr. Wayland chooses to begin by presuming, _à
priori_, that masters are generally rascals.
Wisdom would infer, on the contrary, that the habitual exercise of
authority, approved as righteous by the ruler's conscience, tends to
elevate his character. He who would govern others must first govern
himself. Hence, we should expect to find him who is compelled to
exercise a hereditary and rightful authority, a man more
self-governed, thoughtful, considerate, firm, and dignified, than
other men. The habit of providing constantly for a number of persons,
whom he is impelled by the strongest self-interest to care for
efficiently, should render a man considerate of others, and
benevolent. Experience will soon teach the head of such an estate,
that his relation with his dependents must be any thing else than a
carnival of self-indulgence, violence, and tyranny; for such a life
will speedily leave him no servants to abuse. On the contrary, the
very necessities of his position compel him to be, to a certain
extent, provident, methodical, and equitable. Without these virtues,
his estate slips rapidly away. And who, that knows human nature, can
fail to see the powerful effects of the institution in developing, in
the ruling caste, a higher sentiment of personal honour, chivalry, and
love of liberty? This was asserted of the slaveholders of Virginia and
the Carolinas by the sagacious Burke. It is very true, that if every
man in the country were under the vital influence of Christian
sanctification, he would not need these more human influences to
elevate his character. But the wise statesman takes men as they are,
not as they should be. Until the _millennium_, the elevating
influences of social position will continue to be of great practical
value. Yankeedom, at least, continues thus far to exhibit a great want
of them.
But now, in considering the actual influences of slavery on the morals
of the Africans, let the reader remember what they actually were
before they were placed under this tutelage. He may be sure they were
not what abolitionism loves to picture them, a sort of Ebony
Arcadians, full of simple, pastoral purity, and of what infidels
vainly prate as the dignity of native virtue. It is not slavery which
has degraded them from that imaginary elevation. On the contrary, they
were what God's word declares human depravity to be under the
degrading effects of paganism. Let the reader see the actual and true
picture, in the first chapter of Romans, and in authentic descriptions
of the negro in his own jungles, such as the invaluable work of Dr.
John Leighton Wilson, on the tribes of the Guinea coast. And here,
moreover, he will find proof, that the type of savage life brought to
America originally by the slave trade, was far below that witnessed in
Africa among the more noticeable tribes; because the great bulk of the
slaves were either the Pariahs of that barbarous society, or the
kidnapped members of the feeble fragments of bush tribes, who had
nearly perished before the comparative civilization of the Mandingoes
and Greboes, living but one remove above the apes around them. Now
cannot common sense see the moral advantage to such a people, of
subjection to the will of a race elevated above them, in morals and
intelligence, to an almost measureless degree? Is it no moral
advantage to be compelled to wear decent clothing, and to observe at
least the outward proprieties which should obtain between the sexes?
None to be taught industry, in place of pagan laziness; and methodical
habits, in place of childish waste and unthrift? The destructive
effects of the savage's common vices, lying, theft, drunkenness,
laziness, waste, upon business and pecuniary interests, will of course
prompt masters to repress those vices, if no higher motive does. Is
this no gain for the poor pagan? Especially does the matter of
drunkenness illustrate, in a splendid manner, the benign effects of
our system on African character and happiness. Place any savage race
beside a civilized and commercial people, and leave them free; and the
speedy result is, that the "fire-water" consumes and depopulates them.
Witness the North American Indians. But here was just such a race, in
the midst of the temptation and opportunity, and yet preserved from
all appreciable evil from this source, and advancing in physical
comfort, manners, and numbers, more rapidly than any white race in
Christendom. While numbers of Africans exhibited just that weakness
for ardent spirits, which is to be expected in people lately
barbarians, yet so wholesome were the restraints of that regular and
constant occupation enforced upon them, it was the rarest thing in the
world that a farm-servant filled a drunkard's grave among us. But now
the flood-gates are opened. Was not Dr. Wayland a temperance man?
Southern slavery was the most efficient temperance society in the
world.
Once more, was it nothing, that this race, morally inferior, should be
brought into close relations to a nobler race, so that the propensity
to imitation should be stimulated by constant and intimate
observation, by domestic affection, by the powerful sentiment of
allegiance and dependence? And above all, was it nothing that they
should be brought, by the relation of servitude, under the consciences
and Christian zeal of a Christian people, in circumstances which most
powerfully enlisted their sense of responsibility, and gave free scope
to their labour of love? Let the blessed results answer, of a nation
of four millions lifted, in four generations, out of idolatrous
debasement, "sitting clothed, and in their right mind;" of more than
half a million adult communicants in Christian churches! And all this
glorious work has been done exclusively by Southern masters; for never
did foreign or Yankee abolitionist find leisure from the more
congenial work of slandering the white, to teach or bless the black
man in any practical way. This much-abused system has thus
accomplished for the Africans, amidst universal opposition and
obloquy, more than all the rest of the Christian world together has
accomplished for the rest of the heathen.
It is the delight of abolitionists to impute to slavery a result
peculiarly corrupting as to sins of unchastity. Witness the
repetitions charges by Dr. Wayland, of these sins, as contaminating
both masters and slaves, in consequence of slavery. The evidence of
facts has been already given as to the comparative justice of this
charge. But reason itself would suggest to the least reflection, that
Southern households are not the only ones where young men and female
domestics are thrown together, amidst all the temptations and
opportunities of privacy and domestic intimacy; that the power of
corporal punishment, unlawful here for this end, is not the only power
which a superior may apply to an inferior to overcome her chastity,
nor the most effective. But, on the other hand, reason would suggest
that the employment of free persons of the same colour and race would
greatly enhance the force of those temptations; while among us, the
differences of colour, race, and personal attractions, would greatly
diminish them; while the very sentiment of superior caste would render
the intercourse more repulsive and unnatural.
The testimony of facts, however, is the conclusive evidence on the
question, whether our system is relatively more corrupting than that
of free labour. In this department of the discussion, Providence has
given us a refutation against the Yankees so terribly biting, as fully
to satisfy any indignation which their arrogant railings may have
excited in our bosoms. We were placed together at the beginning of
our national existence, under the same Federal government, and under
similar religious and State institutions. Our union presented a common
field for constant meeting and comparison. And what were the results
disclosed? It has been shown that while the South, as a great section
of the Union, never, in one single instance, made any general or
united movement to pervert Federal laws and powers for unfair local
purposes; while the South ever manifested a chivalrous patriotism
against any assaults upon the common rights; the North has never
failed, from the first year of the government, to use it as a machine
for legislative extortion and local advantage; and the North has
usually played the traitor to the common cause when assailed from
without, even when, as in the second war with England, the interests
assailed by the foreign enemy, and generously defended by the South,
were more peculiarly her own. It has appeared that when at last
legislative peculation grew so foul that the publick demanded inquiry,
every member of the Congress convicted of that disgraceful iniquity,
was from the North, and not one from the South. If we pass to personal
comparisons, the publick men of the South have shown themselves, on
the federal _arena_, superior, in general, in the talent of command,
in personal honour, in dignity, in the amenities of life, in
forbearance and self-controul; while that very petulance, wilfulness,
and love of arbitrary power, which, abolition philosophers infer, must
be the peculiar fruits of slaveholding, were exhibited in marked
contrast, by the few Northern Presidents who had the fortune to reach
that high position. Compare, for instance, the benign Washington, a
great slaveholder, with that petty tyrant, the elder Adams; or
Jefferson, Madison and Monroe with his son, (worthy son of such a
sire,) John Quincy Adams; or Jefferson Davis with Abraham Lincoln; or
our Lee, Johnstons, Jackson and Beauregard, with a McNeill and a
Butler! So well proved are the superior courtesy, liberality, and
humanity of the Southern gentleman, that the very porters on the
wharves, and waiters in the hotels, of Northern cities, recognize them
by these traits. It has been the fashion of a certain type of
poltroons among the Yankees, who wish to indulge the anger and
malignity of the bully, along with the safety and impunity of the
Quaker, to represent the resort of Southerners to the code of honour,
as a peculiar proof of their uncivilized condition. They exclaim
triumphantly that we fight duels, while Yankees do not. Now the code
of honour is certainly irrational, unchristian, and wicked. But there
is another thing that is greatly more wicked; and this is the
disposition to inflict upon a fellow-man the injuries and insults
which that code proposes to prevent; and then cloak one's self under
the cowardly pretence of a conscience which forbids to fight. The
duellist sins by anger and revenge: these sneaking hypocrites sin by
anger and revenge, and cowardice and lying, at once. The truly good
man is forbidden by his conscience from seeking retaliation; but the
same conscience equally forbids him to inflict on others the injuries
which provoke retaliation. The man who wilfully injures his fellow,
has therefore no right to plead conscience, for refusing satisfaction.
It is not conscience, but cowardice. While, then, we mourn the crimes
of violent retaliation which sometimes occur at the South, the
citizens of the North have occasion for a deeper blush, at the crimes
of malignant slander and vituperation which their people are
accustomed to launch at us from the vile hiding-place of their
hypocritical puritanism.
It will be seen by every one, that the females of the ruling class
must be very intimately concerned in the duties of the relation of
master and servant. It is properly termed _domestic_ slavery; and
woman's functions are wholly domestic. If then, slavery is morally
corrupting, Southern ladies should show the sad result very plainly.
But what says fact? Its testimony is one which fills the heart of
every Southern man with grateful pride; that the Southern lady is
proverbially eminent for all that adorns female character, for grace,
for purity and refinement, for benevolence, for generous charity, for
dignified kindness and forbearance to inferiours, for chivalrous moral
courage, and for devout piety.
We might safely submit the comparative soundness of Southern society
to this test: that it has never generated any of those loathsome
_isms_, which Northern soil breeds, as rankly as the slime of Egypt
its spawn of frogs. While the North has her Mormons, her various sects
of Communists, her Free Lovers, her Spiritualists, and a multitude of
corrupt visionaries whose names and crimes are not even known among
us, our soil has never proved congenial to the birth or introduction
of a single one of these inventions.
But the crowning refutation of this slander against Southern morals,
is presented by the great war lately concluded--a refutation whose
glory repays us for long years of reproach. Dispassionate spectators
abroad have passed their verdict of disgust upon the combination of
feebleness in the field, boasting and falsehood at home, venality and
peculation towards their own treasury and the property of private
citizens, with ruthless violation of all the laws of humanity.
Dispassionate spectators! No; there were none such: but from ignorant
and prejudiced minds stuffed with misconceptions by our interested
assailants, the splendid disclosure of civic and military genius,
bravery, fortitude under incredible hardships, magnanimity under
unspeakable provocations, and dignity under defeat, which appeared at
the South, drew a general acclaim of admiration from the whole
civilized world. This war, among its many evils, has done us this
good, that it has settled for this century the charge of the
"barbarism of Southern slavery."
But it may not be amiss to reveal those vices which are peculiarly
opposed to the Yankees' own boasts, as the inhabitants of "the land of
steady habits." Our soldiers who have been prisoners of war among
them, all report that their camps were _Pandemoniums_, for their
resounding blasphemies and profanities. Nothing was more common than
the capture from them of prisoners of war, too drunk to walk steadily.
The mass of the letters found upon their slain, and about their
captured camps, disclosed a shocking prevalence of prurient and
licentious thought, both in their armies and at home. And our
unfortunate servants seduced away by their armies, usually found, to
their bitter cost, that lust for the African women was a far more
prevalent motive, than their pretended humanity, for their liberating
zeal. Such was the monstrous abuse to which these poor creatures were
subjected, that decent slave fathers often hid their daughters in the
woods, from their pretended liberators, as from beasts of prey.
We freely avow that the line of argument which occupies this section
is not to our taste; nor, as was intimated in the introduction, do we
regard it as the safest means of ascertaining the moral influences of
the two systems. But it has not been by our choice that it has been
introduced. The slanders of our accusers have thrust it upon us. We
now gladly dismiss it with this general concluding remark; that the
comparative general virtue of Southern masters, and the purity of
Southern Christianity, are a strong evidence that we were not living
in a criminal relation, as to the African race. For sins are always
gregarious. One sin, permanently established in the heart and life,
always introduces its foul kindred. Sin is contagious. An unsound spot
in the character ultimately taints the whole. The misguided gentleman
who first yields to the passion of gaming, solely for its amusement
and excitement, cannot continue a habitual gamester and a gentleman.
The ingenuous youth who harbours the habit of intoxication, in due
time ceases to be even ingenuous. These unhallowed passions, once
established, introduce fraud, selfishness, meanness, falsehood. So, we
argue, if slaveholding were a sin, its practice would surely tell upon
the honour and integrity of those who continue in it. But Southern
character exhibits no such general effect.
§ 8. _Slavery and the African Slave Trade._