Wheeler, p. 220. State v. Sue, Cameron & Norwood’s C. Rep. 54.
Having finished the consideration of the laws which protect the life and limb of the slave, the reader may feel a curiosity to know something of the provisions by which he is protected in regard to food and clothing, and from the exactions of excessive labor2. It is true, there are multitudes of men in the Northern States who would say, at once, that such enactments4, on the very face of them, must be superfluous5 and absurd. “What!” they say, “are not the slaves property? and is it likely that any man will impair6 the market value of his own property by not giving them sufficient food or clothing, or by over-working them?” This process of reasoning appears to have been less convincing to the legislators of Southern States than to gentlemen generally at the North; since, as Judge Taylor says, “the act of 1786 (Iredell’s Revisal, p. 588) does, in the preamble7, recognize the fact, that many persons, by cruel treatment of their slaves, cause them to commit crimes for which they are executed;” and the judge further explains this language, by saying, “The cruel treatment here alluded8 to must consist in withholding9 from them the necessaries of life; and the crimes thus resulting are such as are necessary to furnish them with food and raiment.”
The State of South Carolina, in the act of 1740 (see Stroud’s Sketch10, p. 28), had a section with the following language in its preamble:
Stroud, p. 29.
Whereas many owners of slaves, and others who have the care, management, and overseeing of slaves, do confine them so closely to hard labor that they have not sufficient time for natural rest;—
And the law goes on to enact3 that the slave shall not work more than fifteen hours a day in summer, and fourteen in winter. Judge Stroud makes it appear that in three of the slave states the time allotted11 for work to convicts in prison, whose punishment is to consist in hard labor, cannot exceed ten hours, even in the summer months.
This was the protective act of South Carolina, designed to reform the abusive practices of masters who confined their slaves so closely that they had not time for 91natural rest! What sort of habits of thought do these humane12 provisions show, in the makers13 of them? In order to protect the slave from what they consider undue14 exaction1, they humanely15 provide that he shall be obliged to work only four or five hours longer than the convicts in the prison of the neighboring state! In the Island of Jamaica, besides many holidays which were accorded by law to the slave, ten hours a day was the extent to which he was compelled by law ordinarily to work.—See Stroud, p. 29.
With regard to protective acts concerning food and clothing, Judge Stroud gives the following example from the legislation of South Carolina. The author gives it as quoted by Stroud, p. 32.
In case any person, &c., who shall be the owner, or who shall have the care, government or charge, of any slave or slaves, shall deny, neglect or refuse to allow, such slave or slaves, &c., sufficient clothing, covering or food, it shall and may be lawful16 for any person or persons, on behalf of such slave or slaves, to make complaint to the next neighboring justice in the parish where such slave or slaves live, or are usually employed, * * * and the said justice shall summons the party against whom such complaint shall be made, and shall inquire of, hear and determine, the same; and, if the said justice shall find the said complaint to be true, or that such person will not exculpate17 or clear himself from the charge, by his or her own oath, which such person shall be at liberty to do in all cases where positive proof is not given of the offence, such justice shall and may make such orders upon the same, for the relief of such slave or slaves, as he in his discretion18 shall think fit; and shall and may set and impose a fine or penalty on any person who shall offend in the premises19, in any sum not exceeding twenty pounds current money, for each offence.—2 Brevard’s, Dig. 241. Also Cobb’s Dig. 827.
A similar law obtains in Louisiana.—Rev. Stat. 1852, p. 557, § 166.
Now, would not anybody think, from the virtuous20 solemnity and gravity of this act, that it was intended in some way to amount to something? Let us give a little sketch, to show how much it does amount to. Angelina Grimké Weld, sister to Sarah Grimké, before quoted, gives the following account of the situation of slaves on plantations22:[12]
And here let me say, that the treatment of plantation21 slaves cannot be fully23 known, except by the poor sufferers themselves, and their drivers and overseers. In a multitude of instances, even the master can know very little of the actual condition of his own field-slaves, and his wife and daughters far less. A few facts concerning my own family will show this. Our permanent residence was in Charleston; our country-seat (Bellemont) was two hundred miles distant, in the north western part of the state, where, for some years, our family spent a few months annually24. Our plantation was three miles from this family mansion25. There all the field-slaves lived and worked. Occasionally,—once a month, perhaps,—some of the family would ride over to the plantation; but I never visited the fields where the slaves were at work, and knew almost nothing of their condition; but this I do know, that the overseers who had charge of them were generally unprincipled and intemperate26 men. But I rejoice to know that the general treatment of slaves in that region of country was far milder than on the plantations in the lower country.
Throughout all the eastern and middle portions of the state, the planters very rarely reside permanently27 on their plantations. They have almost invariably two residences, and spend less than half the year on their estates. Even while spending a few months on them, politics, field-sports, races, speculations28, journeys, visits, company, literary pursuits, &c., absorb so much of their time, that they must, to a considerable extent, take the condition of their slaves on trust, from the reports of their overseers. I make this statement, because these slaveholders (the wealthier class) are, I believe, almost the only ones who visit the North with their families; and Northern opinions of slavery are based chiefly on their testimony29.
With regard to overseers, Miss Grimké’s testimony is further borne out by the universal acknowledgment of Southern owners. A description of this class of beings is furnished by Mr. Wirt, in his Life of Patrick Henry, page 34. “Last and lowest,” he says, [of different classes in society] “a feculum of beings called overseers,—a most abject30, degraded, unprincipled race.” Now, suppose, while the master is in Charleston, enjoying literary leisure, the slaves on some Bellemont or other plantation, getting tired of being hungry and cold, form themselves into a committee of the whole, to see what is to be done. A broad-shouldered, courageous31 fellow, whom we will call Tom, declares it is too bad, and he won’t stand it any longer; and, having by some means become acquainted with this benevolent32 protective act, resolves to make an appeal to the horns of this legislative33 altar. Tom talks stoutly34, having just been bought on to the place, and been used to better quarters elsewhere. The women and children perhaps admire, but the venerable elders of the plantation,—Sambo, Cudge, Pomp and old Aunt Dinah,—tell him he better mind himself, and keep clar o’ dat ar. Tom, being young and progressive, does not regard these conservative maxims35; he is determined36 that, if there is such a thing as justice to be got, he will have it. After considerable research, he finds some white man in the neighborhood verdant37 enough to enter the complaint for him. Master Legree finds himself, one sunshiny, pleasant morning, walked off to some Justice Dogberry’s, to answer to the charge of not giving his niggers enough to eat and wear. We will call the infatuated white man who has undertaken this fool’s errand Master Shallow. Let us imagine a scene:—Legree, standing38 carelessly with his hands in his pockets, rolling a quid of tobacco in his mouth; Justice Dogberry, seated in all the majesty39 of law, reinforced by a decanter of whiskey and some tumblers, intended to assist in illuminating40 the intellect in such obscure cases.
Justice Dogberry. Come, gentlemen, take a little something, to begin with. Mr. Legree, sit down; sit down, Mr.—a’ what’s-your-name?—Mr. Shallow.
Mr. Legree and Mr. Shallow each sit down, and take their tumbler of whiskey and water. After some little conversation, the justice introduces the business as follows:
“Now, about this nigger business. Gentlemen, you know the act of——um—um,—where the deuce is that act? [Fumbling an old law-book.] How plagued did you ever hear of that act, Shallow? I’m sure I’m forgot all about it;—O! here ‘tis. Well, Mr. Shallow, the act says you must make proof, you observe.”
Mr. Shallow. [Stuttering and hesitating.] Good land! why, don’t everybody see that them ar niggers are most starved? Only see how ragged41 they are!
Justice. I can’t say as I’ve observed it particular. Seem to be very well contented42.
Shallow. [Eagerly.] But just ask Pomp, or Sambo, or Dinah, or Tom!
Justice Dogberry. [With dignity.] I’m astonished at you, Mr. Shallow! You think of producing negro testimony? I hope I know the law better than that! We must have direct proof, you know.
Shallow is posed; Legree significantly takes another tumbler of whiskey and water, and Justice Dogberry gives a long ahe-a-um. After a few moments the justice speaks:
“Well, after all, I suppose, Mr. Legree, you wouldn’t have any objections to swarin’ off; that settles it all, you know.”
As swearing is what Mr. Legree is rather more accustomed to do than anything else that could be named, a more appropriate termination of the affair could not be suggested; and he swears, accordingly, to any extent, and with any fulness and variety of oath that could be desired; and thus the little affair terminates. But it does not terminate thus for Tom or Sambo, Dinah, or any others who have been alluded to for authority. What will happen to them, when Mr. Legree comes home, had better be left to conjecture43.
It is claimed, by the author of certain paragraphs quoted at the commencement of Part II., that there exist in Louisiana ample protective acts to prevent the separation of young children from their mothers. This writer appears to be in the enjoyment44 of an amiable45 ignorance and unsophisticated innocence46 with regard to the workings of human society generally, which is, on the whole, rather refreshing47. For, on a certain incident in “Uncle Tom’s Cabin,” which represented Cassy’s little daughter as having been sold from her, he makes the following na?f remark:
Now, the reader will perhaps be surprised to know that such an incident as the sale of Cassy apart from Eliza, upon which the whole interest of the foregoing narrative48 hinges, never could have taken place in Louisiana, and that the bill of sale for Eliza would not have been worth the paper it was written on.—Observe. George Shelby states that Eliza was eight or nine years old at the time his father purchased her in New Orleans. Let us again look at the statute49-book of Louisiana.
In the Code Noir we find it set down that
“Every person is expressly prohibited from selling separately from their mothers the children who shall not have attained50 the full age of ten years.”
And this humane provision is strengthened by a statute, one clause of which runs as follows:
“Be it further enacted51, that if any person or persons shall sell the mother of any slave child or children under the age of ten years, separate from said child or children, or shall, the mother living, sell any slave child or children of ten years of age or under, separate from said mother, such person or persons shall incur52 the penalty of the sixth section of this act.”
This penalty is a fine of not less than one thousand nor more than two thousand dollars, and imprisonment53 in the public jail for a period of not less than six months nor more than one year.—Vide Acts of Louisiana, 1 Session, 9th Legislature, 1828–9, No. 24, Section 16. (Rev. Stat. 1852, p. 550, § 143.)
What a charming freshness of nature is suggested by this assertion! A thing could not have happened in a certain state, because there is a law against it!
Has there not been for two years a law forbidding to succor54 fugitives55, or to hinder their arrest?—and has not this thing been done thousands of times in all the Northern States, and is not it more and more likely to be done every year? What is a law, against the whole public sentiment of society?—and will anybody venture to say that the public sentiment of Louisiana practically goes against separation of families?
But let us examine a case more minutely, remembering the bearing on it of two great foundation principles of slave jurisprudence: namely, that a slave cannot bring a suit in any case, except in a suit for personal freedom, and this in some states must be brought by a guardian56; and that a slave cannot bear testimony in any case in which whites are implicated57.
Suppose Butler wants to sell Cassy’s child of nine years. There is a statute forbidding to sell under ten years;—what is Cassy to do? She cannot bring suit. Will the state prosecute58? Suppose it does,—what then? Butler says the child is ten years old; if he pleases, he will say she is ten and a half, or eleven. What is Cassy to do? She cannot testify; besides, she is utterly59 in Butler’s power. He may tell her that if she offers to stir in the affair, he will whip the child within an inch of its life; and she knows he can do it, and that there is no help for it;—he may lock her up in a dungeon60, sell her on to a distant plantation, or do any other despotic thing he chooses, and there is nobody to say Nay61.
How much does the protective statute amount to for Cassy? It may be very well as a piece of advice to the public, or as a decorous expression of opinion; but one might as well try to stop the current of the Mississippi with a bulrush as the tide of trade in human beings with such a regulation.
We think that, by this time, the reader will agree with us, that the less the defenders62 of slavery say about protective statutes63, the better.
12. Slavery as It Is; Testimony of a Thousand Witnesses. New York, 1839, pp. 52, 53.
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1
exaction
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| n.强求，强征；杂税 | |
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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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enact
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| vt.制定(法律)；上演，扮演 | |
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enactments
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| n.演出( enactment的名词复数 )；展现；规定；通过 | |
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superfluous
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| adj.过多的，过剩的，多余的 | |
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impair
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| v.损害，损伤；削弱，减少 | |
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preamble
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| n.前言；序文 | |
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alluded
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| 提及，暗指( allude的过去式和过去分词 ) | |
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withholding
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sketch
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| n.草图；梗概；素描；v.素描；概述 | |
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allotted
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| 分配，拨给，摊派( allot的过去式和过去分词 ) | |
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humane
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| adj.人道的，富有同情心的 | |
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makers
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| n.制造者，制造商（maker的复数形式） | |
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undue
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| adj.过分的；不适当的；未到期的 | |
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humanely
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| adv.仁慈地；人道地；富人情地；慈悲地 | |
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lawful
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| adj.法律许可的，守法的，合法的 | |
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exculpate
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| v.开脱，使无罪 | |
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discretion
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| n.谨慎；随意处理 | |
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premises
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| n.建筑物，房屋 | |
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virtuous
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| adj.有品德的，善良的，贞洁的，有效力的 | |
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plantation
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| n.种植园，大农场 | |
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plantations
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| n.种植园，大农场( plantation的名词复数 ) | |
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fully
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| adv.完全地，全部地，彻底地；充分地 | |
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annually
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| adv.一年一次，每年 | |
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mansion
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| n.大厦，大楼；宅第 | |
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intemperate
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permanently
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speculations
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testimony
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abject
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| adj.极可怜的，卑屈的 | |
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courageous
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| adj.勇敢的，有胆量的 | |
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benevolent
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| adj.仁慈的，乐善好施的 | |
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legislative
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stoutly
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maxims
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determined
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verdant
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standing
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majesty
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illuminating
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ragged
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| adj.衣衫褴褛的，粗糙的，刺耳的 | |
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contented
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| adj.满意的，安心的，知足的 | |
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conjecture
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| n./v.推测，猜测 | |
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enjoyment
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| n.乐趣；享有；享用 | |
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amiable
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| adj.和蔼可亲的，友善的，亲切的 | |
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innocence
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| n.无罪；天真；无害 | |
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refreshing
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| adj.使精神振作的，使人清爽的，使人喜欢的 | |
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narrative
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| n.叙述，故事；adj.叙事的，故事体的 | |
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statute
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| n.成文法，法令，法规；章程，规则，条例 | |
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attained
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| （通常经过努力）实现( attain的过去式和过去分词 )； 达到； 获得； 达到（某年龄、水平、状况） | |
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enacted
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| 制定（法律），通过（法案）( enact的过去式和过去分词 ) | |
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incur
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| vt.招致，蒙受，遭遇 | |
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imprisonment
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| n.关押，监禁，坐牢 | |
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succor
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| n.援助，帮助；v.给予帮助 | |
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fugitives
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| n.亡命者，逃命者( fugitive的名词复数 ) | |
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guardian
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| n.监护人；守卫者，保护者 | |
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implicated
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| adj.密切关联的；牵涉其中的 | |
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prosecute
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| vt.告发；进行；vi.告发，起诉，作检察官 | |
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utterly
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dungeon
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nay
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| adv.不；n.反对票，投反对票者 | |
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defenders
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| n.防御者( defender的名词复数 )；守卫者；保护者；辩护者 | |
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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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