The American slave code describes the slave and slavery with remarkable8 precision and horrible distinctness. According to that code a slave is a CHATTEL9. He is, body, soul and spirit, to all intents and purposes whatsoever10, PROPERTY—the property of the master to whom he belongs; and slavery is that “peculiar11 institution” which, originating in piracy12, systematically13 despoils14 human beings of their manhood[Pg 31]—of all inborn15 rights, degrades them to the state of chattelhood, and forcibly detains them in that degradation16. Property in a human creature is the essential and peculiar principle of slavery. This is the basis of the system, and all laws, regulations, usages, deprivations17, wrongs, sins, sufferings and miseries18 which belong to the system are built upon this foundation. Numerous and cruel systems of oppression have existed but not one of them has ventured to lay sacrilegious hands upon “the image of God,” and convert it into a thing to be bought, sold, executed for debt, willed, and used as an article of merchandise. Slavery alone has done this. Some authorities will now be cited to prove the correctness of this definition.
“The cardinal19 principle of slavery, that the slave is not to be ranked among sentient20 beings but among things, obtains in all these (slave) states.” (Judge Stroud.)
“Slaves shall be claimed, held, taken, reputed, and adjudged in law, to be chattels21 personal in the hands of their owners and possessors, and their executors, administrators22 and assigns to all intents and purposes whatsoever.” (Law of South Carolina.)
“A slave is one who is in the power of the master to whom he belongs; the master may[Pg 32] sell him, dispose of his person, his industry, and his labor4; he can do nothing, possess nothing nor acquire anything but what must belong to his master.” (Law of Louisiana.)
“A slave is in absolute bondage23; he has no civil rights, and can hold no property, except at the will and pleasure of his master; a slave is a rational being, endowed with understanding like the rest of mankind; and whatever he lawfully25 acquires, and gains possession of by finding or otherwise, is the acquirement and possession of his master.” (Wheeler.)
A law of Mississippi reads thus: “When any sheriff or other officer shall serve an attachment26 upon slaves, horses, or other live stock,” etc. “Being property, slaves may be bought and sold by persons capable of buying and selling other property.” (Hon. J. K. Paulding.)
Henry Clay said—“I know that there is a visionary dogma which holds that negro slaves cannot be the subject of property. I shall not dwell on the speculative27 abstraction. That is property which the law declares to be property. Two hundred years of legislation have sanctified and sanctioned negro slaves as property.”
Any one who will take up a southern newspaper will soon discover from the manner in which slaves are advertised for sale, that the laws which reduce them to chattels are not[Pg 33] dead statutes28. An advertisement in the Richmond (Va.) Whig, is headed thus:
“Large sale of negroes, horses mules29 and cattle.” Among the articles to be sold are, 175 negroes, among whom are some carpenters and blacksmiths, 10 horses, 33 mules, 100 head of cattle, 100 sheep and 200 hogs30. “The negroes will be sold for cash, the other property on a credit of nine months.”[3]
[Pg 34]
Whole volumes of such advertisements might be collected from the most respectable and widely circulated southern journals, and I have seen a few advertisements for the sale of men women and children, hogs, corn and cattle promiscuously31, in respectable religious papers, sustained by churches whose leading avowed32 object is, to “spread scriptural holiness over these lands.”
And slaves are not only advertised but actually sold as property is sold. Raising slaves for the market, selling them, speculating upon them and driving them from one State to another, creates an extensive and lucrative33 trade. The Virginia Times estimated that in 1836 the number of slaves exported from Virginia alone was forty thousand—worth $24,000,000. The Natchez Courier estimated that in 1836 two hundred and fifty thousand slaves had been imported into Louisiana, Mississippi, Alabama and Arkansas, from the more Northern States. The Baltimore Register said, “Dealing in slaves has become a large business; establishments are made in several places in Md. and Va. at which they are sold like cattle.” Prof. Dew said in 1831; “Virginia is in fact a negro raising State for the other states.” Judge Upshur of Va. said in the Va. Convention, 1831; “The value of slaves as an article of property, de[Pg 35]pends much on the state of the market abroad. If it should be our lot, as I trust it will be, to acquire the country of Texas, their price will rise again.” “From the single port of Baltimore,” says Mrs. Stowe “in the last two years, a thousand and thirty slaves have been shipped to the southern market.” Slaves now bring a very high price in cash. Only the other day a brick-layer in S. C. sold for $1,905; three others at the same sale brought over $1000 each.
In the prosecution34 of this traffic the feelings and interests, the parental35, connubial36 and filial relations of slaves are utterly37 disregarded. They are sold for the benefit of the master, as a horse is sold, and bought to suit the purchaser. To all intents and purposes slaves are daily bought and sold like cattle. Alas38, that my pen is compelled to write this fact.
A respectable gentleman (Dr. Elwood) was an eye witness to a sale of slaves in Petersburg, Va., in 1846. He saw some old men and women go upon the auctioneer’s stand to be sold to the highest bidder39. The case of a beautiful youth affected40 him most deeply. “His hair,” said Mr. E. “was brown and straight, his skin exactly the hue41 of white persons, and no discernible trace of negro features in his countenance42. Some vulgar jests were passed[Pg 36] on his color, and 00 was bid for him; but the audience remarked that was not enough to begin on for such a likely young negro; some said a white negro was more trouble than he was worth. Before he was sold his mother rushed from the house upon the portico43, crying in frantic44 grief, ‘My son, O! my boy, they will take away my dear’—Here her voice was lost as she was rudely pushed back and the door closed. The sale was not for a moment interrupted, and none of the crowd appeared to be affected by the scene. The poor boy trembled and wiped the tears from his cheeks with his sleeves. He was sold for about 250 dollars.”
After this boy was sold a woman was called upon the stand. She had an infant in her arms, but she dared not take it with her. “She gave it one wild embrace, before leaving it with an old woman, and hastened mechanically to obey the call; but stopped, threw up her arms, screamed and was unable to move!” Those who know a mother’s love can understand the agony which raged in her maternal46 bosom47.
The following is from the pen of an aged45 preacher, now living in Canada, who escaped from slavery some years since. When the master to whom he belonged died, he, with his fellow slaves, were put up for sale. Said he—
“My brothers and sisters were bid off one by[Pg 37] one, while my mother, holding my hand, looked on in an agony of grief, the cause of which I but ill understood at first, but which dawned on my mind with dreadful clearness as the sale proceeded. My mother was then separated from me, and put up in her turn. She was bought by a man named Isaac R——, in Montgomery county, Md., and then I was offered to the assembled purchasers. My mother half distracted with the parting forever from all her children pushed through the crowd, while the bidding for me was going on, to the spot where R. was standing24. She fell at his feet and clung to his knees, entreating48 him in tones that a mother only could command, to buy her baby as well as herself, and spare to her one of her little ones at least.” But this man thus appealed to “disengaged himself from her with such violent kicks and blows as to reduce her to the necessity of creeping out of his reach and mingling49 the groan50 of bodily suffering with the sob51 of a broken heart.”
These cases are presented as examples to show the meaning and intent of the code which declares that a slave is property—and has no rights or interests; and they are not rare and extreme cases brought in here only for effect, but are such as occur daily in all the slave states; and they are perfectly52 in keeping[Pg 38] with the spirit of American slavery. Those persons were sold precisely as other property is sold.
From these authorities and facts it is clear that a slave occupies a relation as far beneath the apprentice, miner, hired laborer, or even the villein of the Feudal53 Age, or the Russian serf, as mere54 property is beneath manhood with all its possessions and God-like powers—as far as a brute55 is below a man “made in the image of God.”
The American slave code is almost an exact copy of the old savage Roman slave code, which was conceived in the dark night of heathenism, and brought forth56 reeking57 with blood in the unholy travail58 of sanguinary wars, before that empire had been enlightened and conquered by the peaceful and just Gospel of Christ. That it may be seen where English and American law-makers obtained the spirit of the American slave code, the following synopsis59 of the Roman law on slavery is inserted.
“By the Roman civil law, slaves were esteemed60 merely as chattels of their masters; they had no name but what the master was pleased to give them for convenience. They were not capable of personal injuries cognizable by the law. They could take neither by purchase nor descent, could have no heirs,[Pg 39] could make no will. The fruits of their labor and industry belonged to their masters. They could not plead nor be impleaded, and were utterly excluded from all civil concerns. They were incapable61 of marriage, not being entitled to the considerations thereof. The laws of adultery did not (among themselves) effect them. They might be sold, transferred, mortgaged, pawned62. Partus sequitur ventrem was the rule indiscriminately applied63 to slaves and cattle.” (Harris and McHenry.)[4]
At a glance it will be seen that the Roman and American slave codes are identical in spirit—that the distinguishing principle of both is property in man. Our christian64 legislators therefore must acknowledge themselves indebted to Pagan Rome for the type of slavery which they have instituted and maintained in Christian America. All the main features of cruelty, injustice65 and savageness66, inherent in that ancient system of oppression, have been faithfully copied, and not in the slightest degree modified or softened67.
Let us recapitulate68. A slave is property. His bones and sinews, genius, skill, virtue69, mind, soul; all he is, all he may be, all he acquires in this life, belongs to his master and is put down in his ledger70 as worth so many dollars. He is without choice as to what he will do, what amount of labor he will perform, or for whom he shall toil71. He can own nothing, inherit nothing, will nothing. He cannot make a contract for himself, nor claim the protection of the laws as a man. He is wholly in the power of his master and totally defenseless against his lusts72, avarice73, or brutality74. I defy human ingenuity75, nay76, if I may be so bold, I challenge Lucifer himself to invent a system of oppression which leaves a man more completely destitute77, defenseless and degraded.
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precisely
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| adv.恰好，正好，精确地，细致地 | |
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essentially
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| adv.本质上，实质上，基本上 | |
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apprentice
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| n.学徒，徒弟 | |
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labor
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| n.劳动，努力，工作，劳工；分娩；vi.劳动，努力，苦干；vt.详细分析；麻烦 | |
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laborer
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| n.劳动者，劳工 | |
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civilized
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| a.有教养的，文雅的 | |
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savage
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| adj.野蛮的；凶恶的，残暴的；n.未开化的人 | |
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remarkable
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| adj.显著的，异常的，非凡的，值得注意的 | |
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chattel
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| n.动产；奴隶 | |
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whatsoever
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| adv.（用于否定句中以加强语气）任何；pron.无论什么 | |
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peculiar
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| adj.古怪的，异常的；特殊的，特有的 | |
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piracy
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| n.海盗行为，剽窃，著作权侵害 | |
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systematically
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| adv.有系统地 | |
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despoils
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| v.掠夺，抢劫( despoil的第三人称单数 ) | |
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inborn
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| adj.天生的，生来的，先天的 | |
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degradation
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| n.降级；低落；退化；陵削；降解；衰变 | |
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deprivations
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| 剥夺( deprivation的名词复数 )； 被夺去； 缺乏； 匮乏 | |
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miseries
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| n.痛苦( misery的名词复数 )；痛苦的事；穷困；常发牢骚的人 | |
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cardinal
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| n.(天主教的)红衣主教；adj.首要的，基本的 | |
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sentient
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| adj.有知觉的，知悉的；adv.有感觉能力地 | |
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chattels
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| n.动产，奴隶( chattel的名词复数 ) | |
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administrators
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| n.管理者( administrator的名词复数 )；有管理（或行政）才能的人；（由遗嘱检验法庭指定的）遗产管理人；奉派暂管主教教区的牧师 | |
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bondage
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| n.奴役，束缚 | |
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standing
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| n.持续，地位；adj.永久的，不动的，直立的，不流动的 | |
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lawfully
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| adv.守法地，合法地；合理地 | |
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attachment
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| n.附属物，附件；依恋；依附 | |
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speculative
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| adj.思索性的，暝想性的，推理的 | |
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statutes
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| 成文法( statute的名词复数 )； 法令； 法规； 章程 | |
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mules
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| 骡( mule的名词复数 )； 拖鞋； 顽固的人； 越境运毒者 | |
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hogs
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| n.（尤指喂肥供食用的）猪( hog的名词复数 )；（供食用的）阉公猪；彻底地做某事；自私的或贪婪的人 | |
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promiscuously
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| adv.杂乱地，混杂地 | |
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avowed
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| adj.公开声明的，承认的v.公开声明，承认( avow的过去式和过去分词) | |
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lucrative
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| adj.赚钱的，可获利的 | |
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prosecution
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| n.起诉，告发，检举，执行，经营 | |
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parental
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| adj.父母的；父的；母的 | |
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connubial
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| adj.婚姻的，夫妇的 | |
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utterly
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| adv.完全地，绝对地 | |
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alas
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| int.唉(表示悲伤、忧愁、恐惧等) | |
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bidder
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| n.(拍卖时的)出价人，报价人，投标人 | |
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affected
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| adj.不自然的，假装的 | |
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hue
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| n.色度；色调；样子 | |
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countenance
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| n.脸色，面容；面部表情；vt.支持，赞同 | |
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portico
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| n.柱廊，门廊 | |
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frantic
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| adj.狂乱的，错乱的，激昂的 | |
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aged
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| adj.年老的，陈年的 | |
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maternal
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| adj.母亲的，母亲般的，母系的，母方的 | |
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bosom
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| n.胸，胸部；胸怀；内心；adj.亲密的 | |
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entreating
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| 恳求，乞求( entreat的现在分词 ) | |
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mingling
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| adj.混合的 | |
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groan
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| vi./n.呻吟，抱怨；(发出)呻吟般的声音 | |
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sob
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| n.空间轨道的轰炸机；呜咽，哭泣 | |
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52
perfectly
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| adv.完美地，无可非议地，彻底地 | |
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53
feudal
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| adj.封建的，封地的，领地的 | |
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54
mere
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| adj.纯粹的；仅仅，只不过 | |
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55
brute
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| n.野兽，兽性 | |
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forth
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| adv.向前；向外，往外 | |
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reeking
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| v.发出浓烈的臭气( reek的现在分词 )；散发臭气；发出难闻的气味 (of sth)；明显带有（令人不快或生疑的跡象） | |
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travail
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| n.阵痛；努力 | |
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synopsis
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| n.提要，梗概 | |
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60
esteemed
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| adj.受人尊敬的v.尊敬( esteem的过去式和过去分词 )；敬重；认为；以为 | |
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61
incapable
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| adj.无能力的，不能做某事的 | |
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62
pawned
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| v.典当，抵押( pawn的过去式和过去分词 )；以（某事物）担保 | |
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applied
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| adj.应用的；v.应用，适用 | |
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64
Christian
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| adj.基督教徒的；n.基督教徒 | |
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65
injustice
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| n.非正义，不公正，不公平，侵犯（别人的）权利 | |
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savageness
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| 天然，野蛮 | |
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67
softened
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| （使）变软( soften的过去式和过去分词 )； 缓解打击； 缓和； 安慰 | |
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recapitulate
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| v.节述要旨，择要说明 | |
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virtue
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| n.德行，美德；贞操；优点；功效，效力 | |
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70
ledger
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| n.总帐，分类帐；帐簿 | |
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71
toil
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| vi.辛劳工作，艰难地行动；n.苦工，难事 | |
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72
lusts
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| 贪求（lust的第三人称单数形式） | |
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73
avarice
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| n.贪婪；贪心 | |
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74
brutality
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| n.野蛮的行为，残忍，野蛮 | |
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75
ingenuity
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| n.别出心裁；善于发明创造 | |
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76
nay
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| adv.不；n.反对票，投反对票者 | |
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destitute
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| adj.缺乏的；穷困的 | |
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