B. F. Hunt.
The author takes no pleasure in presenting to her readers the shocking details of the following case. But it seems necessary to exhibit what were the actual workings of the ancient law of South Carolina, which has been characterized as one “conformed to the policy, and approved by the wisdom,” of the fathers of that state, and the reform of which has been called “a refinement in humanity of doubtful policy.”
It is well, also, to add the charge of Judge Wilds, partly for its intrinsic literary merit, and the nobleness of its sentiments, but principally because it exhibits such a contrast as could scarcely be found elsewhere, between the judge’s high and indignant sense of justice, and the shameful2 impotence and imbecility of the laws under which he acted.
The case was brought to the author’s knowledge by a letter from a gentleman of Pennsylvania, from which the following is an extract:
Some time between the years 1807 and 1810, there was lying in the harbor of Charleston a ship commanded by a man named Slater. His crew were slaves: one of them committed some offence, not specified3 in the narrative4. The captain ordered him to be bound and laid upon the deck; and there, in the harbor of Charleston, in the broad daylight, compelled another slave-sailor to chop off his head. The affair was public—notorious. A prosecution5 was commenced against him; the offence was proved beyond all doubt,—perhaps, indeed, it was not denied,—and the judge, in a most eloquent6 charge or rebuke7 of the defendant8, expressed his sincere regret that he could inflict9 no punishment, under the laws of the state.
I was studying law when the case was published in “Hall’s American Law Journal, vol. I.” I have not seen the book for twenty-five or thirty years. I may be in error as to names, &c., but while I have life and my senses the facts of the case cannot be forgotten.
The following is the “charge” alluded10 to in the above letter. It was pronounced by the Honorable Judge Wilds, of South Carolina, and is copied from Hall’s Law Journal, I. 67.
John Slater! You have been convicted by a jury of your country of the wilful11 murder of your own slave; and I am sorry to say, the short, impressive, uncontradicted testimony12, on which that conviction was founded, leaves but too little room to doubt its propriety13.
The annals of human depravity might be safely challenged for a parallel to this unfeeling, bloody14 and diabolical15 transaction.
You caused your unoffending, unresisting slave to be bound hand and foot, and, by a refinement in cruelty, compelled his companion, perhaps the friend of his heart, to chop his head with an axe16, and to cast his body, yet convulsing with the agonies of death, into the water! And this deed you dared to perpetrate in the very harbor of Charleston, within a few yards of the shore, unblushingly, in the face of open day. Had your murderous arm been raised against your equals, whom the laws of self-defence and the more efficacious law of the land unite to protect, your crimes would not have been without precedent17, and would have seemed less horrid18. Your personal risk would at least have proved, that though a murderer, you were not a coward. But you too well knew that this unfortunate man, whom chance had subjected to your caprice, had not, like yourself, chartered to him by the laws of the land the sacred rights of nature; and that a stern, but necessary policy, had disarmed19 him of the rights of self-defence. Too well you knew that to you alone he could look for protection; and that your arm alone could shield him from oppression, or avenge20 his wrongs; yet, that arm you cruelly stretched out for his destruction.
The counsel, who generously volunteered his services in your behalf, shocked at the enormity of your offence, endeavored to find a refuge, as well for his own feelings as for those of all who heard your trial, in a derangement21 of your intellect. Several witnesses were examined to establish this fact; but the result of their testimony, it is apprehended22, was as little satisfactory to his mind, as to those of the jury to whom it was addressed. I sincerely wish this defence had proved successful, not from any desire to save you from the punishment which awaits you, and which you so richly merit, but from the desire of saving my country from the foul23 reproach of having in its bosom24 so great a monster.
From the peculiar25 situation of this country, our fathers felt themselves justified26 in subjecting to a very slight punishment him who murders a slave. Whether the present state of society require a continuation of this policy, so opposite to the apparent rights of humanity, it remains27 for a subsequent legislature to decide. Their attention would ere this have been directed to this subject, but, for the honor of human nature, such hardened sinners as yourself are rarely found, to disturb the repose28 of society. The grand jury of this district, deeply impressed with your daring outrage29 against the laws both of God and man, have made a very strong expression of their feelings on the subject to the legislature; and, from the wisdom and justice of that body, the friends of humanity may confidently hope soon to see this blackest in the catalogue of human crimes pursued by appropriate punishment.
In proceeding30 to pass the sentence which the law provides for your offence, I confess I never felt more forcibly the want of power to make respected the laws of my country, whose minister I am. You have already violated the majesty31 of those laws. You have profanely32 pleaded the law under which you stand convicted, as a justification33 of your crime. You have held that law in one hand, and brandished34 your bloody axe in the other, impiously contending that the one gave a license35 to the unrestrained use of the other.
But, though you will go off unhurt in person, by the present sentence, expect not to escape with impunity36. Your bloody deed has set a mark upon you, which I fear the good actions of your future life will not efface37. You will be held in abhorrence38 by an impartial39 world, and shunned40 as a monster by every honest man. Your unoffending posterity41 will be visited, for your iniquity42, by the stigma43 of deriving44 their origin from an unfeeling murderer. Your days, which will be but few, will be spent in wretchedness; and, if your conscience be not steeled against every virtuous45 emotion, if you be not entirely46 abandoned to hardness of heart, the mangled47, mutilated corpse48 of your murdered slave will ever be present in your imagination, obtrude49 itself into all your amusements, and haunt you in the hours of silence and repose.
But, should you disregard the reproaches of an offended world, should you hear with callous50 insensibility the gnawings of a guilty conscience, yet remember, I charge you, remember, that an awful period is fast approaching, and with you is close at hand, when you must appear before a tribunal whose want of power can afford you no prospect52 of impunity; when you must raise your bloody hands at the bar of an impartial omniscient53 Judge! Remember, I pray you, remember, whilst yet you have time, that God is just, and that his vengeance54 will not sleep forever!
The penalty that followed this solemn denunciation was a fine of seven hundred pounds, current money, or, in default of payment, imprisonment55 for seven years.
And yet it seems that there have not been wanting those who consider the reform of this law “a refinement in humanity of doubtful policy”! To this sentiment, so high an authority as that of Chancellor56 Harper is quoted, as the reader will see by referring to the speech of Mr. Hunt, in the last chapter. And, as is very common in such cases, the old law is vindicated57, as being, on the whole, a surer protection to the life of the slave than the new one. From the results of the last two trials, there would seem to be a fair show of plausibility58 in the argument. For under the old law it seems that Slater had at least to pay seven hundred pounds, while under the new Eliza Rowand comes off with only the penalty of “a most sifting59 scrutiny60.”
Thus, it appears, the penalty of the law goes with the murderer of the slave.
How is it executed in the cases which concern the life of the master? Look at this short notice of a recent trial of this kind, which is given in the Alexandria (Va.) Gazette, of Oct. 23, 1852, as an extract from the Charlestown (Va.) Free Press.
TRIAL OF NEGRO HENRY.
The trial of this slave for an attack, with intent to kill, on the person of Mr. Harrison Anderson, was commenced on Monday and concluded on Tuesday evening. His Honor, Braxton Davenport, Esq., chief justice of the county, with four associate gentlemen justices, composed the court.
The commonwealth61 was represented by its attorney, Charles B. Harding, Esq., and the accused ably and eloquently62 defended by Wm. C. Worthington and John A. Thompson, Esqs. The evidence of the prisoner’s guilt51 was conclusive63. A majority of the court thought that he ought to suffer the extreme penalty of the law; but, as this required a unanimous agreement, he was sentenced to receive five hundred lashes64, not more than thirty-nine at one time. The physician of the jail was instructed to see that they should not be administered too frequently, and only when, in his opinion, he could bear them.
In another paper we are told that the Free Press says:
A majority of the court thought that he ought to suffer the extreme penalty of the law; but, as this required a unanimous agreement, he was sentenced to receive five hundred lashes, not more than thirty-nine at any one time. The physician of the jail was instructed to see that they should not be administered too frequently, and only when, in his opinion, he could bear them. This may seem to be a harsh and inhuman65 punishment; but, when we take into consideration that it is in accordance with the law of the land, and the further fact that the insubordination among the slaves of that state has become truly alarming, we cannot question the righteousness of the judgment66.
Will anybody say that the master’s life is in more danger from the slave than the slave’s from the master, that this disproportionate retribution is meted67 out? Those who countenance68 such legislation will do well to ponder the solemn words of an ancient book, inspired by One who is no respecter of persons:
“If I have refused justice to my man-servant or maid-servant,
When they had a cause with me,
What shall I do when God riseth up?
And when he visiteth, what shall I answer him?
Did not he that made me in the womb make him?
Did not the same God fashion us in the womb?”
Job 31:13–15.
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1
refinement
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| n.文雅；高尚；精美；精制；精炼 | |
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shameful
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| adj.可耻的，不道德的 | |
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specified
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| adj.特定的 | |
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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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prosecution
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| n.起诉，告发，检举，执行，经营 | |
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eloquent
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| adj.雄辩的，口才流利的；明白显示出的 | |
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7
rebuke
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| v.指责，非难，斥责 [反]praise | |
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defendant
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| n.被告；adj.处于被告地位的 | |
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inflict
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| vt.(on)把…强加给，使遭受，使承担 | |
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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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wilful
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| adj.任性的，故意的 | |
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testimony
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| n.证词；见证，证明 | |
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propriety
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| n.正当行为；正当；适当 | |
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bloody
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| adj.非常的的；流血的；残忍的；adv.很；vt.血染 | |
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diabolical
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| adj.恶魔似的，凶暴的 | |
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axe
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| n.斧子；v.用斧头砍，削减 | |
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17
precedent
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| n.先例，前例；惯例；adj.在前的，在先的 | |
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horrid
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| adj.可怕的；令人惊恐的；恐怖的；极讨厌的 | |
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disarmed
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| v.裁军( disarm的过去式和过去分词 )；使息怒 | |
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avenge
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| v.为...复仇，为...报仇 | |
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derangement
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| n.精神错乱 | |
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apprehended
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| 逮捕，拘押( apprehend的过去式和过去分词 )； 理解 | |
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foul
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| adj.污秽的；邪恶的；v.弄脏；妨害；犯规；n.犯规 | |
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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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peculiar
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| adj.古怪的，异常的；特殊的，特有的 | |
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justified
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| a.正当的，有理的 | |
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remains
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| n.剩余物，残留物；遗体，遗迹 | |
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repose
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| v.(使)休息；n.安息 | |
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outrage
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| n.暴行，侮辱，愤怒；vt.凌辱，激怒 | |
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proceeding
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| n.行动，进行，(pl.)会议录，学报 | |
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majesty
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| n.雄伟，壮丽，庄严，威严；最高权威，王权 | |
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profanely
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| adv.渎神地，凡俗地 | |
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justification
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| n.正当的理由；辩解的理由 | |
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brandished
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| v.挥舞( brandish的过去式和过去分词 )；炫耀 | |
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license
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| n.执照，许可证，特许；v.许可，特许 | |
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impunity
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| n.(惩罚、损失、伤害等的)免除 | |
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efface
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| v.擦掉，抹去 | |
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abhorrence
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| n.憎恶；可憎恶的事 | |
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impartial
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| adj.(in,to)公正的，无偏见的 | |
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40
shunned
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| v.避开，回避，避免( shun的过去式和过去分词 ) | |
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41
posterity
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| n.后裔，子孙，后代 | |
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42
iniquity
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| n.邪恶；不公正 | |
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stigma
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| n.耻辱，污名；(花的)柱头 | |
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44
deriving
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| v.得到( derive的现在分词 )；（从…中）得到获得；源于；（从…中）提取 | |
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45
virtuous
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| adj.有品德的，善良的，贞洁的，有效力的 | |
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46
entirely
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| ad.全部地，完整地；完全地，彻底地 | |
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47
mangled
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| vt.乱砍（mangle的过去式与过去分词形式） | |
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corpse
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| n.尸体，死尸 | |
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49
obtrude
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| v.闯入；侵入；打扰 | |
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50
callous
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| adj.无情的，冷淡的，硬结的，起老茧的 | |
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51
guilt
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| n.犯罪；内疚；过失，罪责 | |
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52
prospect
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| n.前景，前途；景色，视野 | |
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53
omniscient
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| adj.无所不知的；博识的 | |
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54
vengeance
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| n.报复，报仇，复仇 | |
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55
imprisonment
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| n.关押，监禁，坐牢 | |
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56
chancellor
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| n.(英)大臣；法官；(德、奥)总理；大学校长 | |
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57
vindicated
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| v.澄清（某人/某事物）受到的责难或嫌疑( vindicate的过去式和过去分词 )；表明或证明（所争辩的事物）属实、正当、有效等；维护 | |
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58
plausibility
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| n. 似有道理, 能言善辩 | |
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59
sifting
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| n.筛，过滤v.筛( sift的现在分词 )；筛滤；细查；详审 | |
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60
scrutiny
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| n.详细检查，仔细观察 | |
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61
commonwealth
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| n.共和国，联邦，共同体 | |
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eloquently
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| adv. 雄辩地(有口才地, 富于表情地) | |
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conclusive
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| adj.最后的，结论的；确凿的，消除怀疑的 | |
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64
lashes
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| n.鞭挞( lash的名词复数 )；鞭子；突然猛烈的一击；急速挥动v.鞭打( lash的第三人称单数 )；煽动；紧系；怒斥 | |
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65
inhuman
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| adj.残忍的，不人道的，无人性的 | |
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66
judgment
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| n.审判；判断力，识别力，看法，意见 | |
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67
meted
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| v.（对某人）施以，给予（处罚等）( mete的过去式和过去分词 ) | |
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68
countenance
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| n.脸色，面容；面部表情；vt.支持，赞同 | |
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