An Appeal in Favor of that Class of Americans Called Africans Part 6

For riding on horseback, without written permission, or for keeping a dog, twenty-five lashes.

For rambling, riding, or going abroad in the night, or riding horses in the day without leave, a slave may be whipped, cropped, or branded on the cheek with the letter R, or otherwise punished, not extending to life, nor _so as to unfit him for labor_.

For beating the Patuxent river, to catch fish, ten lashes; for placing a seine across Transquakin and Chickwiccimo creeks, thirty-nine lashes by order of a justice.

For advising the murder of a person, one hundred lashes may be given.

A runaway slave may be put into jail, and the jailer must forthwith send a letter by mail, to the man whom the negro says is his owner. If an answer does not arrive at the proper time, the jailer must inflict twenty-five lashes, well laid on, and interrogate anew. If the slave's second statement be not corroborated by the letter from the owner, twenty-five lashes are again administered.--The act very coolly concludes thus: "and so on, for the s.p.a.ce of _six months_, it shall be the duty of the jailer to interrogate and whip as aforesaid."

The letter may miscarry, the owner may reside at a great distance from the Post-Office, and thus long delays may occur--the ignorant slave may not know his master's christian name--the jailer may not spell it aright; but no matter--"It is the jailer's duty to interrogate and whip, as aforesaid."

The last authorized edition of the laws of Maryland, comprises the following: "If any slave be convicted of any pet.i.t treason, or murder, or wilfully burning of dwelling-houses, it may be lawful for the justices to give judgment against such slave to have the right hand cut off, to be hanged in the usual manner, the head severed from the body, the body divided into four quarters, and the head and quarters set up in the most public places of the county," &c.

The laws of Tennessee and Missouri are comparatively mild; yet in Missouri it is _death_ to prepare or administer medicine without the master's consent, unless it can be _proved_ that there was no evil intention. The law in Virginia is similar; it requires proof that there was no evil intention, and that the medicine produced no bad consequences.

To estimate fully the cruel injustice of these laws, it must be remembered that the poor slave is without religious instruction, unable to read, too ignorant to comprehend legislation, and holding so little communication with any person better informed than himself, that the chance is, he does not even know the _existence_ of half the laws by which he suffers. This is worthy of Nero, who caused his edicts to be placed so high that they could not be read, and then beheaded his subjects for disobeying them.

PROP. 14.--_The laws operate oppressively on free colored people._

Free people of color, like the slaves, are excluded by law from all means of obtaining the common elements of education.

The free colored man may at any time be taken up on suspicion, and be condemned and imprisoned as a runaway slave, unless he can _prove_ the contrary; and be it remembered, none but _white_ evidence, or written doc.u.ments, avail him. The common law supposes a man to be innocent until he is proved guilty; but slave law turns this upside down. Every colored man is _presumed_ to be a slave till it can be proved otherwise; this rule prevails in all the slave States, except North Carolina, where it is confined to negroes. Stephens supposes this harsh doctrine to be peculiar to the British Colonial Code; but in this he is again mistaken--the American _republics_ share the honor with England.

A law pa.s.sed in December, 1822, in South Carolina, provides that any free colored persons coming into port on board of any vessel shall be seized and imprisoned during the stay of the vessel; and when she is ready to depart, the captain shall take such free negroes and pay the expenses of their arrest and imprisonment; and in case of refusing so to do, he shall be indicted and fined not less than one thousand dollars, and imprisoned not less than two months; and such free negroes shall be sold for slaves. The Circuit Court of the United States, adjudged the law unconst.i.tutional and void. Yet nearly _two years_ after this decision, four colored English seamen were taken out of the brig Marmion. England made a formal complaint to our government. Mr. Wirt, the Attorney-General, gave the opinion that the law was unconst.i.tutional.

This, as well as the above-mentioned decision, excited strong indignation in South Carolina. Notwithstanding the decision, the law still remains in force, and other States have followed the example of South Carolina, though with a more cautious observance of appearances.

In South Carolina, if any free negro harbor, conceal, or entertain, any runaway slave, or a slave charged with _any_ criminal matter, he forfeits ten pounds for the first day, and twenty shillings for every succeeding day. In case of inability to pay, the free negro is sold at auction, and if any overplus remain, after the fines and attendant expenses are paid, it is put into the hands of the public treasurer.

The free negro may entertain a slave without _knowing_ that he has done any thing wrong; but his declaration to that effect is of no avail.

Where every effort is made to prevent colored people from obtaining any money, they are of course often unable to pay the penalties imposed.

If any omission is made in the forms of emanc.i.p.ation established by law, _any person whatsoever_ may seize the negro so manumitted, and appropriate him to their own use.

If a free colored person remain in Virginia twelve months after his manumission, he can be sold by the overseers of the poor for the benefit of the _literary fund_!

In Georgia, a free colored man, except a regular articled seaman, is fined one hundred dollars for coming into the State; and if he cannot pay it, may be sold at public outcry. This act has been changed to one of increased severity. A free colored person cannot be a witness against a white man. They may therefore be robbed, a.s.saulted, kidnapped and carried off with impunity; and even the legislatures of the old slave States adopt it as a maxim that it is very desirable to get rid of them.

It is of no avail to _declare_ themselves free; the law _presumes_ them to be slaves, unless they can _prove_ to the contrary. In many instances written doc.u.ments of freedom have been wrested from free colored people and destroyed by kidnappers. A lucrative internal slave-trade furnishes constant temptation to the commission of such crimes; and the _new_ States of Alabama, Mississippi, Missouri, and the territories of Arkansas, and the Floridas, are not likely to be glutted for years to come.

In Philadelphia, though remote from a slave market, it has been ascertained that _more than thirty_ free persons of color, were stolen and carried off within _two_ years. Stroud says: "Five of these have been restored to their friends, by the interposition of humane gentlemen, though not without great expense and difficulty. The others are still in bondage; and if rescued at all, it must be by sending _white_ witnesses a journey of more than a thousand miles."

I know the names of four colored citizens of Ma.s.sachusetts, who went to Georgia on board a vessel, were seized under the laws of that State, and sold as slaves. They have sent the most earnest exhortations to their families and friends to do something for their relief; but the attendant expenses require more money than the friends of negroes are apt to have, and the poor fellows as yet remain una.s.sisted.

A New-York paper, November, 1829, contains the following caution:

"_Beware of kidnappers!_--It is _well understood_ that there is at present in this city, a gang of kidnappers, busily engaged in their vocation of stealing colored children for the Southern market! It is believed that three or four have been stolen within as many days. A little negro boy came to this city from the country three or four days ago. Some strange white persons were very friendly to him, and yesterday morning he was mightily pleased that they had given him some new clothes. And the persons pretending thus to befriend him, entirely secured his confidence. This day he cannot be found. Nor can he be traced since seen with one of his new friends yesterday. There are suspicions of a foul nature, connected with some who serve the police in subordinate capacities. It is hinted that there may be those in some authority, not altogether ignorant of these diabolical practices. Let the public be on their guard! It is still fresh in the memories of all, that a cargo, or rather drove, of negroes, was made up from this city and Philadelphia, about the time that the emanc.i.p.ation of all the negroes in this State took place under our present const.i.tution, and were taken through Virginia, the Carolinas, and Tennessee, and disposed of in the State of Mississippi. Some of those who were taken from Philadelphia were persons of intelligence, and after they had been driven through the country in chains, and disposed of by sale on the Mississippi, wrote back to their friends, and were rescued from bondage.

The persons who were guilty of this abominable transaction are known, and now reside in North Carolina; they may, very probably, be engaged in similar enterprises at the present time--at least there is reason to believe that the system of kidnapping free persons of color from the Northern cities has been carried on more extensively than the public are generally aware of."

This, and other evils of the system, admit of no radical cure but the utter extinction of slavery. To enact _laws_ prohibiting the slave traffic, and at the same time tempt avarice by the allurements of an _insatiable market_, is irreconcilable and absurd.

To my great surprise, I find that the free States of Ohio and Indiana disgrace themselves by admitting the same maxim of law, which prevents any black or mulatto from being a witness against a white man!

It is naturally supposed that free negroes will sympathize with their enslaved brethren, and that, notwithstanding all exertions to the contrary, they will become a little more intelligent; this excites a peculiar jealousy and hatred in the white population, of which it is impossible to enumerate all the hardships. Even in the _laws_, slaves are always mentioned before free people of color; so desirous are they to degrade the latter cla.s.s below the level of the former. To complete the wrong, this unhappy cla.s.s are despised in consequence of the very evils we ourselves have induced--for as slavery inevitably makes its victims servile and vicious, and as none but negroes are allowed to be slaves, we, from our very childhood, a.s.sociate every thing that is degraded with the _mere color_; though in fact the object of our contempt may be both exemplary and intelligent. In this way the Africans are doubly the victims of our injustice; and thus does prejudice "_make_ the meat it feeds on."

I have repeatedly said that our slave laws are continually increasing in severity; as a proof of this I will give a brief view of some of the most _striking_, which have been pa.s.sed since Stroud published his compendium of slave laws, in 1827. In the first cla.s.s are contained those enactments _directly_ oppressive to people of color; in the second are those which injure them _indirectly_, by the penalties or disabilities imposed upon the whites who instruct, a.s.sist, or employ them, or endeavor in any way to influence public opinion in their favor.

_Cla.s.s First._--The Legislature of Virginia pa.s.sed a law in 1831, by which any free colored person who undertakes to preach, or conduct any religious meeting, by day or night, may be whipped not exceeding thirty-nine lashes, at the discretion of _any_ justice of the peace; and any body may apprehend any such free colored person without a warrant.

The same penalty, adjudged and executed in the same way, falls upon any slave, or free colored person, who attends such preaching; and any slave who listens to any _white_ preacher, in the night time, receives the same punishment. The same law prevails in Georgia and Mississippi. A master may permit a slave to preach on _his_ plantation, to none but _his_ slaves.

There is a _naivete_ in the following preamble to a law pa.s.sed by North Carolina, in 1831, which would be amusing, if the subject were not too serious for mirth: "_Whereas teaching slaves to read and write has a tendency to excite dissatisfaction in their minds_, and to produce insurrection and rebellion," therefore it is enacted that teaching a slave to read or write, or giving or selling to a slave _any_ book or pamphlet, shall be punished with thirty-nine lashes, if the offender be a free black, or with imprisonment at the discretion of the court; if a slave, the _offence_ is punishable with thirty-nine lashes, on his or her bare back, on conviction before a justice of the peace.

In Georgia, any slave, or free person of color, is for a similar offence, fined or whipped, or fined _and_ whipped, at the discretion of the court.

In Louisiana, twelve months' imprisonment is the penalty for teaching a slave to read or write.

For publishing, or circulating, in the State of North Carolina, any pamphlet or paper having an _evident tendency_ to excite slaves, or free persons of color, to insurrection or resistance, imprisonment not less than one year, _and_ standing in the pillory, _and_ whipping, at the discretion of the court, for the first offence; and death for the second. The same offence punished with death in Georgia, without any reservation. In Mississippi, the same as in Georgia. In Louisiana, the same offence punished either with imprisonment for life, or death, at the discretion of the court. In Virginia, the first offence of this sort is punished with thirty-nine lashes, the second with death.

With regard to publications having a _tendency_ to promote discontent among slaves, their masters are so very jealous, that it would be difficult to find _any_ book, that would not come under their condemnation. The Bible, and the Declaration of Independence are certainly unsafe. The preamble to the North Carolina law declares, that the _Alphabet_ has a tendency to excite dissatisfaction; I suppose it is because _freedom_ may be spelt out of it. A storekeeper in South Carolina was nearly ruined by having unconsciously imported certain printed _handkerchiefs_, which his neighbors deemed seditious. A friend of mine asked, "Did the handkerchiefs contain texts from scripture? or quotations from the Const.i.tution of the United States?"

Emanc.i.p.ated slaves must quit North Carolina in ninety days after their enfranchis.e.m.e.nt, on pain of being sold for life. Free persons of color who shall _migrate into_ that State, may be seized and sold as runaway slaves; and if they _migrate out_ of the State for more than ninety days, they can never return under the same penalty.

This extraordinary use of the word _migrate_ furnishes a new battering ram against the free colored cla.s.s, which is every where so odious to slave-owners. A _visit_ to relations in another State may be called _migrating_; being taken up and detained by _kidnappers_, over ninety days, may be called _migrating_;--for where neither the evidence of the sufferer nor any of his own color is allowed, it will evidently amount to this.

In South Carolina, if a free negro cross the line of the State, he can _never_ return.

In 1831, Mississippi pa.s.sed a law to expel all free colored persons under sixty and over sixteen years of age from the State, within ninety days, unless they could prove good characters, and obtain from the court a certificate of the same, for which they paid three dollars; these certificates might be revoked at the discretion of the county courts. If such persons do not quit the State within the time specified, or if they return to it, they may be sold for a term not exceeding five years.

In Tennessee, slaves are not allowed to be emanc.i.p.ated unless they leave the State forthwith. Any free colored person emigrating into this State, is fined from ten to fifty dollars, and hard labor in the penitentiary from one to two years.

North Carolina has made a law subjecting any vessel with _free_ colored persons on board to thirty days' quarantine; as if freedom were as bad as the cholera! Any person of color coming on sh.o.r.e from such vessels is seized and imprisoned, till the vessel departs; and the captain is fined five hundred dollars; and if he refuse to take the colored seaman away, and pay all the expenses of his imprisonment, he is fined five hundred more. If the sailor do not depart within ten days after his captain's refusal, he must be whipped thirty-nine lashes; and all colored persons, bond or free, who _communicate_ with him, receive the same.

In Georgia, there is a similar enactment. The prohibition is, in both States, confined to _merchant_ vessels, (it would be imprudent to meddle with _vessels of war_;) and any colored person communicating with such seaman is whipped not exceeding _thirty_ lashes. If the captain refuse to carry away seamen thus detained, and _pay the expenses of their imprisonment_, he shall be fined five hundred dollars, and also imprisoned, not exceeding three months.

These State laws are a direct violation of the Laws of Nations, and our treaties; and may involve the United States in a foreign war.

Colored seamen are often employed in Spanish, Portuguese, French, and English vessels. These nations are bound to know the United States Laws; but can they be expected to know the enactments of particular States and cities? and if they know them, are they bound to observe them, if they interfere with the established rules of nations? When Mr. Wirt p.r.o.nounced these laws unconst.i.tutional, great excitement was produced in South Carolina. The Governor of that State, in his Message to the Legislature, implied that separation from the Union was the only remedy, if the laws of the Southern States could not be enforced. They seem to require unconditional submission abroad as well as at home.

The endeavor to prevent insurrections in this way, is as wise as to attempt to extinguish fire with spirits of wine. The short-sighted policy defeats itself. A free colored sailor was lately imprisoned with seven slaves: Here was a fine opportunity to sow the seeds of sedition in their minds!

The upholders of slavery will in vain contend with the liberal spirit of the age; it is too strong for them. They may as well try to bottle up the sunshine for their own exclusive use, as to attempt to keep knowledge and freedom to themselves. We all know that such an experiment would result in bottling up darkness for themselves, while exactly the same amount of sunshine remained abroad for the use of their neighbors.

In North Carolina, free negroes are whipped, fined, and imprisoned, at the discretion of the court, for intermarrying with slaves.

In Georgia, free colored persons when unable to pay _any_ fine, may be sold for a s.p.a.ce of time not exceeding five years. This limitation does not probably avail much; if sold to another master before the five years expired, they would never be likely to be free again.

Several other laws have been pa.s.sed in Georgia, prohibiting slaves from living apart from their master, either to labor for other persons, or to sell refreshments, or to carry on any trade or business although with their master's consent. Any person of color, bond or free, is forbidden to occupy any tenement except a _kitchen_ or an _outhouse_, under penalty of from twenty to fifty lashes. Some of these laws are applicable only to particular cities, towns, or counties; others to several counties.

Sundry general laws of a penal nature have been made more penal; and the number of offences, for which a colored person may suffer _death_, is increased.