Slavery and the Constitution Part 12

In the extremity of his wrath, he cannot think of the least provocation whatever which he has given his slave. But we confess we are much more touched by friend Hatch's advertis.e.m.e.nt. Simple-minded creature! He evidently speaks more in sorrow and astonishment than in anger.

Doubtless he had uniformly fed, clothed, and housed his servants well, and had never been severe with or threatened them. How could they desire to leave him? They have run away without any provocation! So unnatural, almost impossible, in the eyes of masters, is any spark of manliness in a slave! They cannot conceive it possible for a manly love of liberty to provoke a favored negro to run away. Still, however, even favored servants are continually escaping from their happy state; and, by the methods adopted to retake them, they are most efficiently taught that they have no more rights than has a favored hound or a valued horse.

Their manliness is crushed, until at last they really feel themselves to be little else than items of profit or loss to their owners. The old slave who, at the point of death, was asked whether he was not sorry to die, and who replied, "Oh! no: the loss is ma.s.sa's," had very faithfully improved the instruction imparted to his cla.s.s.

If our horse is stolen from his stable, or our cow strays from her pasture, we advertise them as "strayed or stolen." If a slave runs away, his master advertises him, and offers a reward for his capture. If he is found, the lucky finder deposits him in jail for safe keeping, to await a favorable opportunity of sending him back to his master,--of course, like Onesimus, as a brother beloved. The jailer gets his legal fees, the finder gets his reward, the master gets his slave, and the slave most generally receives some "moderate correction" from the cowskin or the paddle. If he will not listen to the teaching of G.o.d's messengers to his soul, who are continually repeating to him (Jones's "Rel. Inst." 188) "a servant who knows his master's duty, and will not do it, must be made to do it," how can he complain of his treatment?

So anxious are they at the South that every poor African should have a good, kind master to attend to the wants of his soul, and support him in old age, that, if a stray negro is taken up running at large without an apparent owner, and for any cause he cannot legally prove his freedom, even though he does really own himself, he is nevertheless advertised, and sold at auction to the highest bidder, to pay the expenses occasioned by his own capture and detention. How happy must be the people that are in such a case! Yea, blessed is his condition whose body is fed and whipped, whose soul is saved and darkened, by his brother man!

The "Revised Statutes" of NORTH CAROLINA, chap. 111, sec. 11, provides that,--

"If any negro who shall be taken up as a runaway, and brought before any justice of the peace, will not declare the name of his or her owner, such justice shall in such case, and he is hereby required, by a warrant under his hand, to commit the said negro-slave to the jail of the county wherein he or she shall be taken up; and the sheriff or undersheriff of the county into whose custody the said runaway shall be committed, shall forthwith cause notice in writing of such commitment to be set up on the Court-house door of the said county, and there continued during the s.p.a.ce of two months; in which notice a full description of the said runaway and his clothing shall be particularly set down."--When the owner is supposed to be a resident in another State, the jailer is obliged by sec. 15, "by the first opportunity after such commitment, to send a description of such negro or runaway, together with the account of the time of commitment, and the county where such runaway is committed, to the press, to be advertised in the State Gazette."--Sec. 16 provides, that, "whenever any negro-slave shall be taken up in this State as a runaway, and confined in any jail for the s.p.a.ce of twelve months, and the apprehension and confinement of said slave have been advertised in the State Gazette at least six months, and the owner does not apply to prove property in said time, then it shall be lawful for the court of pleas and quarter sessions of the county in which said runaway is confined, to command their sheriff to expose said negro-slave to public sale for ready money, giving three months' notice in some public newspaper in this State, at the Court-house door, and at two other public places in the said county, of the time and place of sale, and of the circ.u.mstances under which the said slave is to be sold."--Sect. 17 gives the sheriff "two and a half per centum on the amount of sale."--Sect. 18 declares that "the bill of sale of the sheriff shall vest in the purchaser an absolute right to the said slave." The residue of the amount of sales, after deducting commissions and prison charges, is directed to be paid to the county trustee for the use of the county.

Similar laws, authorizing the sale into slavery of negroes taken up as runaway slaves, who cannot from any cause prove their freedom, are found in Virginia, South Carolina, Georgia, Kentucky, Tennessee, Florida, Alabama, Mississippi, Missouri, Arkansas, and Louisiana. A similar law has always existed in the District of Columbia, originally enacted, and since supported, by Northern freemen. _Our_ law, however, differs from the others in offering to the marshal a high bribe to induce him to sell _free_ negroes, by providing that the _proceeds of the persons sold may remain in his own pocket_, unless after the sale the master shall be discovered, and shall claim the balance.

Throughout all the Slave States, the law presumes every free negro to be a slave, until he can legally prove his freedom. Consequently, every _free_ negro, out of his own neighborhood, is presumed to be, and treated as, a runaway slave, until he can establish his freedom. Under laws of this kind, many free negroes are taken; and, if from want of money or friends, or distance from home, or any other cause, they cannot prove their freedom, as no owner can come forward and "claim property and pay charges," they must necessarily be sold into slavery for life!

Very recently, in the columns of the "Washington Union," appeared the following notices:--

"NOTICE.--Was committed to the jail of Washington County, D.C. on the 5th July, 1846, as a runaway, a negro-man, who calls himself John Crew. He is black, about 5 feet 6-1/2 inches high, and about 43 years of age. _He says he is free_, and was born in Hanover County, Virginia, _and was set free_ by Mrs. Allen, formerly Mrs. Watson, of said county; and that he lived with Jude & Muir, in Richmond, Virginia; and that he obtained his free papers in Richmond in 1823, when a Mr. Henning was clerk of the court. He has had right leg broken, which has left a large scar on it. He has a scar on the right side of his neck, which he says he has received since he left Richmond.

"The owner or owners of the above-described negro-man are hereby required to come forward, prove him, and take him away, _or he will be sold for his prison and other expenses, as the law directs_.

ROBT. BALL, Jailer for "Aug. 15. A. HUNTER, Marshal."

"NOTICE.--Was committed to the jail of Washington County, D.C. on the 23d of July, 1847, as a runaway, a negro-woman, who calls herself Ann E. Hodges. She is nearly black, about 5 feet 5-1/4 inches high, and about 22 years of age. Had on, when committed, a slate-colored Merino dress and a brown calico sun-bonnet. _She says she is free_, and served her time out with a Mr. Benjamin Daltry, of Southampton, Va.; and that Messrs. Griffin & Bishop, of the same place, know her to be free. She has two scars on the left leg, near the knee, from the bite of a dog, one on her left wrist, and one on the point of her breast-bone, occasioned by a burn.

"The owner or owners of the above-described negro-woman are hereby required to come forward, prove her, and take her away, _or she will be sold for her prison and other expenses, as the law directs._ ROBT. BALL, Jailer, for "Aug. 23. A. HUNTER, Marshal."

Here is another instance, which happened several years since:--

"NOTICE.--Was committed to the jail of Washington County, District of Columbia, as a runaway, a negro-woman, by the name of Polly Leiper, and her infant child, William.... _Says she was set free_ by John Campbell, of Richmond, Va. in 1818 or 1819. The owner of the above-described woman and child, _if any_, are requested to come and prove them, and take them away, or they will be _sold for their jail fees and other expenses, as the law directs_.

TENCH RINGGOLD, Marshal.

"May 29, 1827."

Many other similar ones might be cited from papers published in the District. The following is taken from the "Mobile (Ala.) Register" of July 21, 1837:--

"WILL BE SOLD CHEAP FOR CASH, in front of the Court-house of Mobile County, on the 22d day of July next, one mulatto-man, named Henry Hale, _who says he is free_. His owner or owners, if any, having failed to demand him, he is to be sold according to the statute in such case made and provided, _to pay jail fees_.

WILLIAM MAGEE, Shff. M.C."

Here are two from the "Vicksburg (Miss.) Register." The first is the notice of the committal of a negro. The second is the advertis.e.m.e.nt for his sale:--

"SHERIFF'S SALE.--Committed to the jail of Warren County, as a runaway, on the 23d inst. a negro-man, who calls himself John J.

Robinson; says that he is free; says that he kept a baker's shop in Columbus, Miss. and that he peddled through the Chickasaw nation to Pontotoc, and came to Memphis, where he sold his horse, took water, and came to this place. The owner of said boy is requested to come forward, prove property, pay charges, and take him away, or he will be dealt with as the law directs.

"Dec. 24, 1835. WM. EVERETT, Jailer."

"Notice is hereby given, that the above-described boy, who calls himself John J. Robinson, having been confined in the jail of Warren County as a runaway for six months, and having been regularly advertised during this period, _I shall proceed to sell said negro-boy at public auction to the highest bidder for cash_, at the door of the Court-house in Vicksburg, on Monday, 1st of August, 1836, _in pursuance of the statute in such case made and provided_.

"Vicksburg, July 2, 1836. E. W. MORRIS, Sheriff."

Slavery, as it exists, is not wrong, according to Bishops Ives and Freeman; and yet, in the diocese of the former, in the "Fayetteville (N.C.) Observer," June 27, 1838, this advertis.e.m.e.nt appears:--

"TAKEN AND COMMITTED TO JAIL, a negro-girl, named Nancy, who is _supposed_ to belong to Spencer P. Wright, of the State of Georgia. She is about 30 years of age, and is a _lunatic_. The owner is requested to come forward, prove property, pay charges, and take her away, or _she will be sold to pay her jail fees_.

FREDERICK HOME, Jailer."

And suppose this supposition is incorrect, and that this poor woman does not belong to Mr. Wright, but on the contrary that she is free, how then will stand the case? A poor free woman, a lunatic, one who accordingly cannot by any possibility prove her freedom, being arrested as a runaway, may be sold as a slave for life, in virtue of the laws of the Christian State of North Carolina! And no one is ent.i.tled to p.r.o.nounce such act to be wrong, unless he can produce a new revelation from Heaven! If a slave has performed a great service to the State or his master, as a reward he is set free; and, if the freeman, availing himself of his privileges, goes out of his own neighborhood, the law, with the sanction of right reverend fathers in G.o.d, consigns him to the auction block!

But the runaway slave is not always to be taken easily. Strenuous liberty is often preferred to slavish ease. To meet such cases, ample provision is made, no less degrading to the slave.

If any one here at the North should advertise that he was ready to pursue, with dogs trained for the purpose, runaway apprentices, or prisoners who had escaped from jail, we should all shudder at the cold-bloodedness of the proposition. Have we not, in the Old Bay State, just solemnly enacted that not even the most hardened convicts in our State Prison shall be whipped? How, then, can we so far forget our common manhood as to pursue our brother with bloodhounds? The slave, unlike the prisoner, has committed no crime. Unlike the apprentice, he has never consented, either by himself or his parents, to be a slave. He is held in slavery against his will, and not as the punishment for any crime; and yet, if he ventures to take his freedom, to a.s.sert the highest and holiest of all his rights, he is liable to be hunted with dogs and maimed with shot! In this so-called Christian country, which is spending its millions in regenerating the heathen, whole communities exist which tolerate such a fiendish occupation as a slave-hunter!

Communities do we say? Has not the nation elevated to its highest post of honor the individual who first suggested to our government the idea of importing bloodhounds from Cuba, with which to track the Seminole Indians, and the fugitive slaves whom they protected, and with whom they had intermarried? How proudly did the star-spangled banner wave its folds over the gallant men and hounds that pursued and finally conquered the panting fugitives!

In the "Madison Journal," published at Richmond, La. Nov. 26, 1847, appears the following:--

"NOTICE.--The subscriber, living on Carroway Lake, on Hoe's Bayou, in Carroll Parish, sixteen miles on the road leading from Bayou Mason to Lake Providence, _is ready with a pack of dogs to hunt runaway negroes at any time_. These dogs are well trained, and are known throughout the parish. Letters addressed to me at Providence will secure immediate attention.

"My terms are $5 per day for hunting the trails, whether the negro is caught or not. Where a twelve hours' trail is shown, and the negro not taken, no charge is made. For taking a negro, $25, and no charge made for hunting. JAMES W. HALL."

In the "Sumpter County Whig" (Alabama) of Nov. 6, 1845, the following is found:--

"NEGRO DOGS.--The undersigned, having bought the entire pack of negro dogs (of the Hay & Allen stock), _he now proposes to catch runaway negroes_. His charges will be $3 a day for hunting, and $15 for catching a runaway. He resides three and one half miles north of Livingston, near the lower Jones' Bluff road.

"Nov. 6, 1845. WILLIAM GAMBREL."

William W. Brown was hunted by Major Benjamin O'Fallon, who kept for his professional purposes five or six bloodhounds ("Narrative," p. 22). Last year, 1848, Mr. J. Ervin, a native of Fairfield District, South Carolina, a slave-hunter by profession, was murdered by some runaway slaves. Owners sometimes vary the monotony of a plantation life by a private hunt on their own account. But, unless they have considerable practice, they make a bungling piece of work of it. The true object, both of dogs and men, is the capture of the negro, not his death. Gen.

Taylor did not wish to "worry" the Seminoles. We might cite many notices like the following, cut from the "Raleigh (N.C.) Register," Aug. 20, 1838:--

"On Sat.u.r.day night, Mr. George Holmes, of this county, and some of his friends were in pursuit of a runaway slave (the property of Mr.

Holmes), and fell in with him in attempting to make his escape. Mr.

H. discharged a gun at his legs, for the purpose of disabling him; but, unfortunately, the slave stumbled, and the shot struck him near the small of the back, of which wound he died in a short time. The slave continued to run some distance after he was shot, until overtaken by one of the party. We are satisfied from all that we can learn, that Mr. H. had no intention of inflicting a mortal wound."

The hunter, in the following instance, was more skilful or lucky. The advertis.e.m.e.nt is found in the "Richmond Whig and Public Advertiser,"

Jan. 25, 1848:--

"$50 REWARD.--Ran away from the subscribers, on Sunday, the 8th instant, a negro-man, named George. The said slave is about 21 years of age, black, about 5 feet 6 inches high, weighs about 150 pounds, has good teeth, and a round and likely face. He was purchased at R.

H. d.i.c.kinson & Bro.'s auction-room, on the 22d of March, last, from Messrs. Millner & Keen, of Pittsylvania Court-house. He was purchased by them (M. & K.) in Rickingham, N.C.; and he will in all probability make for that place, as he ran off last April, and was taken upon his way there, at Amelia Court-house. _The person that took him on that occasion shot him with small shot on the legs, and the shot-marks are very perceptible on the hind part or the calves of his legs._ We will give $50 for the apprehension and delivery of said boy to R. H. d.i.c.kinson & Bro. in Richmond, Va. if taken up after this date; and, if taken up previous to this date, we will pay $25 for his delivery here, and the expense of bringing him to this place from where he may be taken up. KELLY, HUNDLEY, & CO.

"Richmond, Aug. 27, 1847."

The Rev. Mr. Jones would probably instruct "George," that he was shot because he disobeyed G.o.d's commands in running away, and especially because he "robbed G.o.d of his own" in breaking the Sabbath! But how judicious was the man who took him up on that occasion! He only shot him with small shot in the legs!

In the "Macon (Ga.) Telegraph," Nov. 27, 1838, we find the following account of a runaway's den, and of the good luck of a "Mr. Adams," in running down one of them "with his excellent dogs:"--

"A runaway's den was discovered on Sunday, near the Washington Spring, in a little patch of woods, where it had been for several months so artfully concealed under ground, that it was detected only by accident, though in sight of two or three houses, and near the road and fields where there has been constant daily pa.s.sing. The entrance was concealed by a pile of pine straw, representing a hog-bed, which being removed, discovered a trap-door and steps that led to a room about six feet square, comfortably ceiled with plank, containing a small fireplace, the flue of which was ingeniously conducted above ground and concealed by the straw. The inmates took the alarm, and made their escape; _but Mr. Adams and his excellent dogs being put upon the trail, soon run down and secured one of them_, which proved to be a negro-fellow who had been out about a year. He stated that the other occupant was a woman, who had been a runaway a still longer time. In the den was found a quant.i.ty of meal, bacon, corn, potatoes, &c. and various cooking utensils and wearing apparel."

The Lord of the sabbath seems to favor the masters; for Mr. Adams's hunt occurred on Sunday! Many other instances might be given. We adduce only this. The "St. Francisville (La.) Chronicle" of Feb. 1, 1839, gives the following account of a "negro-hunt" in that parish:--

"Two or three days since, a gentleman of this parish, in hunting runaway negroes, came upon a camp of them in the swamp on Cat Island. He succeeded in arresting two of them; but the third made fight, and, upon being shot in the shoulder, fled to a sluice, where the dogs succeeded in drowning him before a.s.sistance could arrive."

Does any one say these atrocities must be confined to the extreme South, and that law or public opinion in North Carolina would forbid them? How far otherwise is the fact! The "Revised Statutes" of North Carolina, chap. 111, sec. 22, provide as follows:--