Slavery and the Constitution Part 13

"Whereas, many times slaves run away and lie out, hid and lurking in swamps, woods, and other obscure places, killing cattle and hogs, and committing other injuries to the inhabitants of this State; in all such cases, upon intelligence of any slave or slaves lying out as aforesaid, any two justices of the peace for the county wherein such slave or slaves is or are supposed to lurk or do mischief, shall, and they are hereby empowered and required to issue proclamation against such slave or slaves (reciting his or their names, and the name or names of the owner or owners, if known), thereby requiring him or them, and every of them, forthwith to surrender him or themselves; and also to empower and require the sheriff of the said county to take such power with him as he shall think fit and necessary for going in search and pursuit of, and effectually apprehending, such outlying slave or slaves; which proclamation shall be published at the door of the Court-house, and at such other places as said justices shall direct.[T] And if any slave or slaves against whom proclamation hath been thus issued stay out, and do not immediately return home, it shall be lawful for any person or persons whatsoever to kill and destroy such slave or slaves by such ways and means as he shall think fit, without accusation or impeachment of any crime for the same."

This is truly a Christian law! A written proclamation to men, of whom not one in ten thousand can read a letter of it!--and yet, after publication of it at the door of the Court-house, and at such other places (if any) as the justices may direct, if the slaves do not immediatelyy return, it is lawful for any person to kill and destroy them "by such ways or means as he shall think fit." And may not bloodhounds be the most expeditious and fit?

Is this law a dead letter? Only fifteen days before Bishop Freeman's sermon was delivered, and Bishop Ives enjoyed "most unfeigned pleasure"

at the thought that slavery existed as it did in North Carolina, the following proclamation and advertis.e.m.e.nt appeared in the "Newbern (N.C.) Spectator:"--

"STATE OF NORTH CAROLINA, LENOIR COUNTY.--Whereas complaint hath been this day made to us, two of the justices of the peace for the said county, by William D. Cobb, of Jones county, that two negro-slaves belonging to him, named Ben (commonly known by the name of Ben Fox) and Rigdon, have absented themselves from their said master's service, and are lurking about in the counties of Lenoir and Jones, committing acts of felony; these are, in the name of the State, to command the said slaves forthwith to surrender themselves, and turn home to their said master. And we do hereby also require the sheriff of said county of Lenoir to make diligent search and pursuit after the above-mentioned slaves.... And we do hereby, by virtue of an Act of a.s.sembly of this State concerning servants and slaves, intimate and declare, if the said slaves do not surrender themselves and return home to their master immediately after the publication of these presents, that any person may kill or destroy said slaves by such means as he or they think fit, without accusation or impeachment of any crime or offence for so doing, or without incurring any penalty or forfeiture thereby.

"Given under our hands and seals, this 12th of November, 1838.

B. COLEMAN, J.P. [Seal.]

JAS. JONES, J.P. [Seal.]

"$200 REWARD.--Ran away from the subscriber, about three years ago, a certain negro-man, named Ben, commonly known by the name of Ben Fox, also one other negro, by the name of Rigdon, who ran away on the 8th of this month.

"I will give the reward of $100 for each of the above negroes, to be delivered to me, or confined in the jail of Lenoir or Jones County, _or for the killing of them, so that I can see them_.

"Nov. 12, 1838. W. D. COBB."

In what has preceded, we have endeavored to give a faint but true picture of slaveholding as it most generally exists. Though we have purposely left unmentioned many wrongs, we have abundantly supported our conclusion. If, as we have seen, every slave, as a man, has a natural, G.o.d-given right to be left free to seek after wisdom, to strive to become pure in heart, to cherish his affections, it is a great wrong deliberately and carefully to close against him all the avenues to knowledge, to refuse him even the rudiments imparted to the child that clings to our knees, to refuse him all moral and religious instruction, or give him such only as is calculated to make him contented with his lot, and more profitable to his oppressors. It is a great wrong--who can conceive a greater?--to deny to a whole race the sacredness of marriage, the blessings of home, the joys of brother and sister, of father and mother, and all the refining, enn.o.bling influences of these relations.

It is a great wrong, none can conceive a greater, than to trade in the bodies of men, to higgle in the market-place about the price of our brother, to traffic in our sister's flesh and bones as merchandise.

Slaveholding, as it most generally exists, darkens the mind, deadens the soul, and brutalizes the affections, of its victims. It is carefully planned and deliberately executed murder of the soul. No human heart exists, unwarped by self-interest, that does not respond to the poor slave's call for help. We need no new revelation from Heaven, we need no book to tell us, that it would be wrong for any one to darken _our_ minds, to deaden _our_ souls, to brutalize _our_ affections. No more do we need, a new revelation from Heaven to convince us, that all men are brethren; that the slave who toils on the Louisiana plantation is no less our neighbor than the friend whom we have known and loved from boyhood; and that we should love the slaves as ourselves, not with that barren love which consists in saving their souls by imparting to them a still more barren creed, but that love which never wearies, and which sacrifices its own for another's good.

CHAPTER X.

SLAVEHOLDING ALWAYS WRONG.

"No seeming of logic can ever convince the American people, that thousands of our slaveholding brethren are not excellent, humane, and even Christian men, fearing G.o.d, and keeping his commandments."--_Rev. Dr. Joel Parker._

It remains for us to consider the special cases in which slaveholding is thought by many to be right. All slaveholders are not actors in the cruel system which we have just described. There are in the Southern States, we are ready to believe, thousands who disregard the laws, who treat their slaves as humanely as is possible, who cultivate to a considerable extent their mental and moral faculties, and who would unite with us in condemning the barbarities we have been considering.

The Rev. Dr. Richard Fuller, of Beaufort, S.C. thus describes the condition of his slaves ("Domestic Slavery considered as a Scriptural Inst.i.tution," &c. p. 222; 1845):

"In a familiar correspondence like this, I may be pardoned for saying, that, during twelve years, I have devoted the salary given me, whenever at my disposal, to the spiritual instruction of the slaves, and am now doing so. With reference to my own servants, their condition is as good as I can make it. They are placed under a contract, which no instrument in writing could make more sacred. By this contract, they, on their part, perform not one half the work done by free laborers; and I, on my part, am bound to employ a missionary to teach and catechize them and their children; to provide them a home and clothes and provisions and fuel, and land to plant for themselves; to pay all medical bills; to guaranty to them all the profits of their skill and labor in their own time; to protect them as a guardian, and to administer to the wants of their children, and of those that are sick and infirm and aged. Such is their state; nor have I any idea that they would consent to be removed."

This picture may be deepened as we please. Dr. Fuller, and every slaveholder who is like him, may clothe, feed, and house his slaves as he does himself; he may watch over their mental and moral condition with as much real solicitude as he does that of a child; he may love them almost with a father's love; and yet, notwithstanding all alleviations, it is wrong for him to hold slaves. Slaveholding is always wrong.

It should be constantly borne in mind, that no man can be obliged either to become or continue a slaveholder. No man can make me a slaveholder or a landholder without or against my consent. Indeed, no gift to me of slaves or land is perfect, until I have accepted it. No man need accept an inheritance of slaves, or be a slaveholder any longer than he pleases to be. Where the law of his State permits, he may emanc.i.p.ate his slaves.

If manumission is actually or virtually forbidden, he may take his slaves into a Free State; and, by such act alone, they become freemen.

With full power, therefore, at any moment to dissolve the relation, Dr.

Fuller voluntarily continues to hold slaves. All slaveholding is unnecessary, and none is involuntary on the part of the owner.

It should also be borne in mind, that a slave, under all circ.u.mstances, whether he be caressed or scourged, loved or hated, overworked or underworked, instructed or debased, is the property of his master, and, as such, is subject to all the legal incidents of property. Dr. Fuller's slaves are as much Dr. Fuller's property as his horse, his watch, the coat on his back, or the books on the shelves of his library; and, as property, their happy, elevated condition necessarily depends upon the accidents of Dr. Fuller's life, health, and wealth. When these fail, their condition will unquestionably be either very materially affected for the worse, or altogether changed.

And, first, if his wealth should fail from unforeseen calamities; so that from affluence, it may be, he should be reduced to real want, and be unable to pay the just claims of his creditors; the latter may satisfy their claims by a sale of his slaves. Nothing but payment of the debts could prevent such a catastrophe. Equally with his horses and theological library,[U] his slaves would legally const.i.tute a fund out of which his creditors might satisfy their claims. Husband and wife, parent and child, the prattling infant and the old man of seventy winters, might legally be placed upon the auction-block, and sold to the highest bidder, singly or in lots to suit, as might seem most calculated to advance the interest of the creditors. Dr. Fuller's prayers and tears would avail nothing. His kind and humane treatment, continued through so many years, would then increase the market-value of his slaves; and that is all. Nothing that he could do would be able to save them from the auction-block. And what, under such circ.u.mstances, would become of their mental, moral, or even their physical condition? There would not be one chance in a thousand that all their new masters would be like Dr.

Fuller, or that they would escape the lot of most other slaves,--a state of hopeless degradation!

Does any one say, that, though the law would favor such a sale by creditors, public opinion would not tolerate it? We will not stop to consider how far the law may be regarded as an index of public opinion.

We simply ask, If Christian churches may sell slaves at auction, what may not private individuals do consistently with public opinion? We have already given the advertis.e.m.e.nt for sale by Thomas N. Gadsden, a brother, we believe, of Bishop Gadsden, of South Carolina ("Slavery as it is," p. 174), of a prime gang of negroes belonging to the Independent Church in Christ Church Parish; and we will adduce only one other similar instance. Few, if any, theological bodies at the South seem to have devoted more time, attention, and money to elevating the moral character of the slaves than the Synod of South Carolina and Georgia; and yet the Board of Directors of its Theological Seminary do not scruple to invest the funds of the inst.i.tution in slaves, or to sell them by auction in order to obtain repayment of a loan. The "Savannah (Ga.) Republican" of March 3, 1845, contains an advertis.e.m.e.nt, of which the following is an extract:--

"WILL BE SOLD, on the first Tuesday in March, in front of the Court-house, in the city of Darien, Georgia, between the legal hours of sale, the following negro-slaves, _i.e._ Charles, Peggy, Antonett, Davy, September, Maria, Jenny, and Isaac, levied on as the property of Henry T. Hall, _to satisfy a mortgage, fi. fa., issued out of the M'Intosh Superior Court in favor of the Board of Directors of the Theological Seminary of the Synod of South Carolina and Georgia, against said Henry T. Hall_.--Conditions cash.

C. O'NEAL, Deputy-sheriff, M.C."

Suppose Dr. Fuller should become insane, or otherwise unfit to manage his own affairs. Such cases often occur. Then the control of the slaves would pa.s.s with his other property into other hands. What would insure their continued mental and moral well-being? The law would not,--public opinion would not! Every thing would depend on the character of the legal guardian or trustee; and even this could afford no adequate protection. The law permits an _owner_ to do many things which it would not suffer a guardian or a trustee to do. The legal guardian of Dr.

Fuller's estate would hardly be allowed to suffer his slaves to "perform _not one half_ the work done by free laborers." The guardian's rule of conduct would be the _law_, and the _common_ mode of treatment in the community. If he overstepped this line, and any pecuniary loss should be the consequence, the loss would fall on him personally. How many guardians or trustees would be willing to run any risk of a criminal prosecution or a fine or imprisonment, in order to insure the happy condition of anther's man property? Not one in ten thousand! And yet, unless his guardian was willing to do this,--unless he was willing to brave the law, and act contrary to the general customs of society, Dr.

Fuller's slaves would very soon lapse into the same degraded condition in which the slaves about them commonly live. Nothing would be more likely than to find Dr. Fuller's guardian advertising in the following manner:--

"NEGROES TO HIRE.--On Wednesday, the 26th inst. I will hire to the highest bidder the negroes belonging to Charles and Robert Innes.

GEO. W. WILLIAMS, Guardian."

"NEGRO HIRINGS.--Will be offered for hire, at Capt. Long's Hotel, a number of slaves, men, women, boys, and girls, belonging to the orphans of George Ash, deceased. RICHARD W. BARTON, Guardian."

The law forbids teaching slaves to read and write. Dr. Fuller may disregard the law, and give his slaves careful instruction, supplying them with plenty of books, and allowing them time to read in. The law denies marriage to the slaves, and pays no heed to their family ties.

Dr. Fuller may consecrate with the utmost care the marriage of his slaves, and sacredly protect their family relations. The law declares slaves to be, under all circ.u.mstances, saleable articles. Dr. Fuller may think that he treats them as men, and shudder at the thought of selling them. Thus may he do in his lifetime; but it is appointed unto all men to die; and what, in the event of his death, will become of his slaves?

He may possibly leave a will, bequeathing them, upon the condition that his kind and humane treatment shall be continued, that they shall be taught to read and write, that their marriages and family relations shall be sacredly respected, and that they shall never be subject to be sold; that is, on the condition that his legatees shall break the law, as he has done. The only result will be, that the law will declare all such conditions to be utterly void; and the legatees will own the slaves, entirely freed from all such conditions. The legatees will be under no other restraints than those imposed by the law, public opinion, and their own conscience. The latter restraint only may possibly avail the slaves; and their happy condition may be continued, _if_ all the legatees are, like Dr. Fuller, law-defying, humane, kind-hearted, and above want! But how unlikely is it that such will be the case! How much more unlikely is it that such a state of things will continue! And yet, unless such a state of things exists, and continues to exist, Dr.

Fuller's slaves must inevitably become as degraded as the great ma.s.s of their fellows.

If he should die intestate, then his slaves, as part of his estate, would have to be duly administered on and distributed among the heirs-at-law. The administrator, a mere trustee, could not, as we have seen, safely continue Dr. Fuller's plan of management; nor can it be supposed that any administrator would follow it. If it became necessary or expedient in order to pay debts, husbands would be separated from wives, parents from children, and brothers from sisters. The widow (if any) would be ent.i.tled to a life-estate in one-third of the slaves, which one-third would be a.s.signed to her in severalty, even though this might involve a separation of families; for the common law of the Slave States makes the same profession as the common law of England, that it favors three things,--life, liberty, and dower! The remaining slaves, and the reversion of those a.s.signed to the widow, would belong to the heirs, and would have to be equally divided between them, not divided by families, or even _per capita_, but so that each heir should have an equally valuable slave-investment, or an equal share in the property of the deceased. If the heirs should be numerous, or the slaves few, so that an equal division of them could not be thus made, they would have to be sold, and their proceeds equally divided. Such sales must be common. The following is taken from the "Georgia Journal:"--

"TO BE SOLD,--One negro-girl, about 18 months old, belonging to the estate of William Chambers, deceased. _Sold for the purpose of distribution._ JETHRO DEAN, } Executors."

SAMUEL BEALL,}

How often are heirs needy! How very seldom are they actuated by the same spirit or governed by the same views as their ancestor! Some of them might be under age, and legally incapable of acting for themselves; and yet here, as in the other case, unless the widow and heirs-at-law should be all of full age, ready to break the law of the State, and humane, kind-hearted, and above want, like Dr. Fuller, his slaves could not escape the common degradation of their fellows. How extremely improbable is it that such would be the situation of the widow and all the heirs!

How much more improbable is it that such a state of things would continue! How much more likely is it that we should find some of the heirs disliking an investment in slaves, or wishing to be disembarra.s.sed of their care, or desirous to reduce their stock of negroes, and accordingly selling their portion of Dr. Fuller's slaves at auction! In the "Charleston (S.C.) Mercury" of Sept. 1, 1847, we find the following:--

"FOR SALE,--A young and healthy negro-woman, about 24 years of age, with her two children, a boy between 5 and 6 years, and an infant, 6 months old. _Sold for no fault but to change the property._ Apply at this office."

This is from the "New Orleans Commercial Bulletin" of August 27, 1847:--

"DESIRABLE VIRGINIA HOUSE-SERVANT.--By Beard, Calhoun, & Co.

Sat.u.r.day, 28th inst. at 12 o'clock, will be sold at auction, at Banks's Arcade, the Griffe servant, Lucy, 19 years; a trusty house-girl, of fine character, washer, ironer, and American cook, and sews remarkably well. _Sold for no fault, as her owner is leaving the city._ Fully guarantied against the vices and maladies prescribed by law.--Terms cash. Act of sale before J. R. Beard, notary public, at the expense of purchaser."

The "National Intelligencer" of August 1, 1848, contains the following:--

"VALUABLE SERVANT AT PRIVATE SALE.--We have for sale a valuable servant-girl, aged about 17 years. She is an excellent house-servant. _Sold for no fault; the owner about removing to the country._ ED. C. & G. F. DYER, Auctioneers and Commission Merchants."

The same paper of January 20, 1844, contains the following:--

"FOR SALE,--Two likely mulatto women; one middle-aged, an excellent cook, washer, and ironer, and a good seamstress; the other young, and a good seamstress and house-servant; and both capable of doing any work required in a family. _They are sold on account of the owner not having sufficient employment._--Apply to Mr. Henry Trunnel, Georgetown."

In the same paper, Nov. 2, 1844, we find this:--

"A NEGRO-BOY FOR SALE OR HIRE.--A boy, 16 years old, well-grown and active, is for sale, but not to a trader. He has been employed in attending to horses, driving a carriage, working in a garden, &c.

_and will be sold only because the owner has too many servants_. He may be had on trial.--Apply at J. B. Holmead's Auction Rooms."