But it is claimed that, precisely2 because the law affords the slave no protection, therefore public opinion is the more strenuous3 in his behalf.
Nothing more frequently strikes the eye, in running over judicial4 proceedings5 in the courts of slave states, than announcements of the utter inutility of the law to rectify6 some glaring injustice7 towards this unhappy race, coupled with congratulatory remarks on that beneficent state of public sentiment which is to supply entirely8 this acknowledged deficiency of the law.
On this point it may, perhaps, be sufficient to ask the reader, whether North or South, to review in his own mind the judicial documents which we have presented, and ask himself what inference is to be drawn10, as to the state of public sentiment, from the cases there presented,—from the pleas of lawyers, the decisions of judges, the facts sworn to by witnesses, and the general style and spirit of the whole proceedings.
In order to appreciate this more fully11, let us compare a trial in a free state with a trial in a slave state.
In the free State of Massachusetts, a man of standing12, learning and high connections, murdered another man. He did not torture him, but with one blow sent him in a moment from life. The murderer had every advantage of position, of friends; it may be said, indeed, that he had the sympathy of the whole United States; yet how calmly, with what unmoved and awful composure, did the judicial examination proceed! The murderer was condemned13 to die—what a sensation shook the country! Even sovereign states assumed the attitude of petitioners14 for him.
There was a voice of entreaty15, from Maine to New Orleans. There were remonstrances16, and there were threats; but still, with what passionless calmness retributive justice held on its way! Though the men who were her instruments were men of merciful and bleeding hearts, yet they bowed in silence to her sublime17 will. In spite of all that influence and wealth and power could do, a cultivated and intelligent man, from the first rank of society, suffered the same penalty that would fall on any other man who violated the sanctity of human life.
Now, compare this with a trial in a slave state. In Virginia, Souther also murdered a man; but he did not murder him by one merciful blow, but by twelve hours of torture so horrible that few readers could bear even the description of it. It was a mode of death which, to use the language that Cicero in his day applied18 to crucifixion, “ought to be forever removed from the sight, hearing, and from the very thoughts of mankind.” And to this horrible scene two white men were WITNESSES!
Observe the mode in which these two cases were tried, and the general sensation they produced. Hear the lawyers, in this case of Souther, coolly debating whether it can be considered any crime at all. Hear the decision of the inferior court, that it is murder in the second degree, and apportioning19 as its reward five years of imprisonment20. See the horrible butcher coming up to the Superior Court in the attitude of an injured man! See the case recorded as that of Souther VERSUS21 The Commonwealth22, and let us ask any intelligent man, North or South, what sort of public sentiment does this show!
Does it show a belief that the negro is a man? Does it not show decidedly that he is not considered as a man? Consider further the horrible principle which, re?ffirmed in the case, is the law of the land in Virginia. It is the policy of the law, in respect to the relation of master and slave, and for 125the sake of securing proper subordination on the part of the slave, to protect the master from prosecution23 in all such cases, even if the whipping and punishment be malicious24, cruel and excessive!
When the most cultivated and intelligent men in the state formally, calmly and without any apparent perception of saying anything inhuman25, utter such an astounding26 decision as this, what can be thought of it? If they do not consider this cruel, what is cruel? And, if their feelings are so blunted as to see no cruelty in such a decision, what hope is there of any protection to the slave?
This law is a plain and distinct permission to such wretches27 as Souther to inflict28 upon the helpless slave any torture they may choose, without any accusation29 or impeachment30 of crime. It distinctly tells Souther, and the white witnesses who saw his deed, and every other low, unprincipled man in the court, that it is the policy of the law to protect him in malicious, cruel and excessive punishments.
What sort of an education is this for the intelligent and cultivated men of a state to communicate to the lower and less-educated class? Suppose it to be solemnly announced in Massachusetts, with respect to free laborers33 or apprentices34, that it is the policy of the law, for the sake of producing subordination, to protect the master in inflicting35 any punishment, however cruel, malicious and excessive, short of death. We cannot imagine such a principle declared, without a rebellion and a storm of popular excitement to which that of Bunker Hill was calmness itself;—but, supposing the State of Massachusetts were so “twice dead and plucked up by the roots” as to allow such a decision to pass without comment concerning her working classes,—suppose it did pass, and become an active, operative reality, what kind of an educational influence would it exert upon the commonwealth? What kind of an estimate of the working classes would it show in the minds of those who make and execute the law?
What an immediate36 development of villany and brutality37 would be brought out by such a law, avowedly38 made to protect men in cruelty! Cannot men be cruel enough, without all the majesty39 of law being brought into operation to sanction it, and make it reputable?
And suppose it were said, in vindication40 of such a law, “O, of course, no respectable, humane41 man would ever think of taking advantage of it.” Should we not think the old State of Massachusetts sunk very low, to have on her legal records direct assurances of protection to deeds which no decent man would ever do?
And, when this shocking permission is brought in review at the judgment42-seat of Christ, and the awful Judge shall say to its makers43, aiders, and abettors, Where is thy brother?—when all the souls that have called from under the altar, “How long, O Lord, dost thou not judge and avenge44 our blood,” shall rise around the judgment-seat as a great cloud of witnesses, and the judgment is set and the books are opened,—what answer will be made for such laws and decisions as these?
Will they tell the great Judge that it was necessary to preserve the slave system,—that it could not be preserved without them?
Will they dare look upon those eyes, which are as a flame of fire, with any such avowal45?
Will He not answer, as with a voice of thunders, “Ye have killed the poor and needy46, and ye have forgotten that the Lord was his helper”?
The deadly sin of slavery is its denial of humanity to man. This has been the sin of oppression, in every age. To tread down, to vilify47 and crush, the image of God, in the person of the poor and lowly, has been the great sin of man since the creation of the world. Against this sin all the prophets of ancient times poured forth48 their thunders. A still stronger witness was borne against this sin when God, in Jesus Christ, took human nature, and made each human being a brother of the Lord. But the last and most sublime witness shall be borne when a Man shall judge the whole earth—a Man who shall acknowledge for His brother the meanest slave, equally with the proudest master.
In most singular and affecting terms it is asserted in the Bible that the Father hath committed all judgment to the Son, because he is the Son of Man. That human nature, which, in the person of the poor slave, has been despised and rejected, scoffed49 and scorned, scourged50 and tortured, shall in that day be glorified51; and it shall appear the most fearful of sins to have made light of the sacredness of humanity, as these laws and institutions of slavery have done. The fact is, that the whole system of slave-law, and the whole practice of the slave system, and the public sentiment that is formed by it, are alike based on the greatest of all heresies52, a denial of equal human 126brotherhood. A whole race has been thrown out of the range of human existence, their immortality54 disregarded, their dignity as children of God scoffed at, their brotherhood53 with Christ treated as a fable55, and all the law and public sentiment and practice with regard to them such as could be justified56 only on supposition that they were a race of inferior animals.
It is because the negro is considered an inferior animal, and not worthy57 of any better treatment, that the system which relates to him and the treatment which falls to him are considered humane.
Take any class of white men, however uneducated, and place them under the same system of laws, and make their civil condition in all respects like that of the negro, and would it not be considered the most outrageous58 cruelty?
Suppose the slave-law were enacted59 with regard to all the Irish in our country, and they were parcelled off as the property of any man who had money enough to buy them. Suppose their right to vote, their right to bring suit in any case, their right to bear testimony60 in courts of justice, their right to contract a legal marriage, their right to hold property or to make contracts of any sort, were all by one stroke of law blotted61 out. Furthermore, suppose it was forbidden to teach them to read and write, and that their children to all ages were “doomed to live without knowledge.” Suppose that, in judicial proceedings, it were solemnly declared, with regard to them, that the mere62 beating of an Irishman, “apart from any circumstances of cruelty, or any attempt to kill,” was no offence against the peace of the state. Suppose that it were declared that, for the better preservation63 of subjection among them, the law would protect the master in any kind of punishment inflicted64, even if it should appear to be malicious, cruel and excessive; and suppose that monsters like Souther, in availing themselves of this permission, should occasionally torture Irishmen to death, but still this circumstance should not be deemed of sufficient importance to call for any restriction65 on the part of the master. Suppose it should be coolly said, “O yes, Irishmen are occasionally tortured to death, we know; but it is not by any means a general occurrence; in fact, no men of position in society would do it; and when cases of the kind do occur, they are indignantly frowned upon.”
Suppose it should be stated that the reason that the law restraining the power of the master cannot be made any more stringent66 is, that the general system cannot be maintained without allowing this extent of power to the master.
Suppose that, having got all the Irishmen in the country down into this condition, they should maintain that such was the public sentiment of humanity with regard to them as abundantly to supply the want of all legal rights, and to make their condition, on the whole, happier than if they were free. Should we not say that a public sentiment which saw no cruelty in thus depriving a whole race of every right dear to manhood could see no cruelty in anything, and had proved itself wholly unfit to judge upon the subject? What man would not rather see his children in the grave than see them slaves? What man, who, should he wake to-morrow morning in the condition of an American slave, would not wish himself in the grave? And yet all the defenders67 of slavery start from the point that this legal condition is not of itself a cruelty! They would hold it the last excess of cruelty with regard to themselves, or any white man; why do they call it no cruelty at all with regard to the negro?
The writer in defence of slavery in Fraser’s Magazine justifies68 this depriving of a whole class of any legal rights, by urging that “the good there is in human nature will supply the deficiencies of human legislation.” This remark is one most significant, powerful index of the state of public sentiment, produced even in a generous mind, by the slave system. This writer thinks the good there is in human nature will supply the absence of all legal rights to thousands and millions of human beings. He thinks it right to risk their bodies and their souls on the good there is in human nature; yet this very man would not send a fifty-dollar bill through the post-office, in an unsealed letter, trusting to “the good there is in human nature.”
Would this man dare to place his children in the position of slaves, and trust them to “the good in human nature”?
Would he buy an estate from the most honorable man of his acquaintance, and have no legal record of the deed, trusting to “the good in human nature”? And if “the good in human nature” will not suffice for him and his children, how will it suffice for his brother and his brother’s children? Is his happiness of any more importance in God’s sight than his brother’s happiness, that his must be secured by legal bolts, and 127bonds, and bars, and his brother’s left to “the good there is in human nature”? Never are we so impressed with the utter deadness of public sentiment to protect the slave, as when we see such opinions as these uttered by men of a naturally generous and noble character.
The most striking and the most painful examples of the perversion69 of public sentiment, with regard to the negro race, are often given in the writings of men of humanity, amiableness70 and piety71.
That devoted72 laborer31 for the slave, the Rev9. Charles C. Jones, thus expresses his sense of the importance of one African soul:
Were it now revealed to us that the most extensive system of instruction which we could devise, requiring a vast amount of labor32 and protracted73 through ages, would result in the tender mercy of our God in the salvation74 of the soul of one poor African, we should feel warranted in cheerfully entering upon our work, with all its costs and sacrifices.
What a noble, what a sublime spirit, is here breathed! Does it not show a mind capable of the very highest impulses?
And yet, if we look over his whole writings, we shall see painfully how the moral sense of the finest mind may be perverted75 by constant familiarity with such a system.
We find him constructing an appeal to masters to have their slaves orally instructed in religion. In many passages he speaks of oral instruction as confessedly an imperfect species of instruction, very much inferior to that which results from personal reading and examination of the Word of God. He says, in one place, that in order to do much good it must be begun very early in life, and intimates that people in advanced years can acquire very little from it; and yet he decidedly expresses his opinion that slavery is an institution with which no Christian76 has cause to interfere77.
The slaves, according to his own showing, are cut off from the best means for the salvation of their souls, and restricted to one of a very inferior nature. They are placed under restriction which makes their souls as dependent upon others for spiritual food as a man without hands is dependent upon others for bodily food. He recognizes the fact, which his own experience must show him, that the slave is at all times liable to pass into the hands of those who will not take the trouble thus to feed his soul; nay78, if we may judge from his urgent appeals to masters, he perceives around him many who, having spiritually cut off the slave’s hands, refuse to feed him. He sees that, by the operation of this law as a matter of fact, thousands are placed in situations where the perdition of the soul is almost certain, and yet he declares that he does not feel called upon at all to interfere with their civil condition!
But, if the soul of every poor African is of that inestimable worth which Mr. Jones believes, does it not follow that he ought to have the very best means for getting to heaven which it is possible to give him? And is not he who can read the Bible for himself in a better condition than he who is dependent upon the reading of another? If it be said that such teaching cannot be afforded, because it makes them unsafe property, ought not a clergyman like Mr. Jones to meet this objection in his own expressive79 language:
Were it now revealed to us that the most extensive system of instruction which we could devise, requiring a vast amount of labor and protracted through ages, would result in the tender mercy of our God in the salvation of the soul of one poor African, we should feel warranted in cheerfully entering upon our work, with all its costs and sacrifices.
Should not a clergyman, like Mr. Jones, tell masters that they should risk the loss of all things seen and temporal, rather than incur80 the hazard of bringing eternal ruin on these souls? All the arguments which Mr. Jones so eloquently81 used with masters, to persuade them to give their slaves oral instruction, would apply with double force to show their obligation to give the slave the power of reading the Bible for himself.
Again, we come to hear Mr. Jones telling masters of the power they have over the souls of their servants, and we hear him say,
We may, according to the power lodged82 in our hands, forbid religious meetings and religious instruction on our own plantations83; we may forbid our servants going to church at all, or only to such churches as we may select for them. We may literally84 shut up the kingdom of heaven against men, and suffer not them that are entering to go in.
And, when we hear Mr. Jones say all this, and then consider that he must see and know this awful power is often lodged in the hands of wholly irreligious men, in the hands of men of the most profligate85 character, we can account for his thinking such a system right only by attributing it to that blinding, deadening influence which the 128public sentiment of slavery exerts even over the best-constituted minds.
Neither Mr. Jones nor any other Christian minister would feel it right that the eternal happiness of their own children should be thus placed in the power of any man who should have money to pay for them. How, then, can they think it right that this power be given in the case of their African brother?
Does this not show that, even in case of the most humane and Christian people, who theoretically believe in the equality of all souls before God, a constant familiarity with slavery works a practical infidelity on this point; and that they give their assent86 to laws which practically declare that the salvation of the servant’s soul is of less consequence than the salvation of the property relation?
Let us not be thought invidious or uncharitable in saying, that where slavery exists there are so many causes necessarily uniting to corrupt87 public sentiment with regard to the slave, that the best-constituted minds cannot trust themselves in it. In the northern and free states public sentiment has been, and is, to this day, fatally infected by the influence of a past and the proximity88 of a present system of slavery. Hence the injustice with which the negro in many of our states is treated. Hence, too, those apologies for slavery, and defences of it, which issue from Northern presses, and even Northern pulpits. If even at the North the remains89 of slavery can produce such baleful effects in corrupting90 public sentiment, how much more must this be the case where this institution is in full force!
The whole American nation is, in some sense, under a paralysis91 of public sentiment on this subject. It was said by a heathen writer that the gods gave us a fearful power when they gave us the faculty92 of becoming accustomed to things. This power has proved a fearful one indeed in America. We have got used to things which might stir the dead in their graves.
When but a small portion of the things daily done in America has been told in England, and France, and Italy, and Germany, there has been a perfect shriek93 and outcry of horror. America alone remains cool, and asks, “What is the matter?”
Europe answers back, “Why, we have heard that men are sold like cattle in your country.”
“Of course they are,” says America; “but what then?”
“We have heard,” says Europe, “that millions of men are forbidden to read and write in your country.”
“We know that,” says America; “but what is this outcry about?”
“We have heard,” says Europe, “that Christian girls are sold to shame in your markets!”
“That isn’t quite as it should be,” says America; “but still what is this excitement about?”
“We hear that three millions of your people can have no legal marriage ties,” says Europe.
“Certainly that is true,” returns America; “but you made such an outcry, we thought you saw some great cruelty going on.”
“And you profess94 to be a free country!” says indignant Europe.
“Certainly we are the freest and most enlightened country in the world,—what are you talking about?” says America.
“You send your missionaries95 to Christianize us,” says Turkey; “and our religion has abolished this horrible system.”
“You! you are all heathen over there,—what business have you to talk?” answers America.
Many people seem really to have thought that nothing but horrible exaggerations of the system of slavery could have produced the sensation which has recently been felt in all modern Europe. They do not know that the thing they have become accustomed to, and handled so freely in every discussion, seems to all other nations the sum and essence of villany. Modern Europe, opening her eyes and looking on the legal theory of the slave system, on the laws and interpretations96 of law which define it, says to America, in the language of the indignant Othello, If thou wilt97 justify98 a thing like this,
“Never pray more; abandon all remorse99;
On Horror’s head horrors accumulate;
Do deeds to make heaven weep, all earth amazed;
For nothing canst thou to damnation add
Greater than this.”
There is an awful state of familiarity with evil which the apostle calls being “dead in trespasses100 and sins,” where truth has been resisted, and evil perseveringly101 defended, and the convictions of conscience stifled102, and the voice of God’s Holy Spirit bidden to depart. There is an awful paralysis of the moral sense, when deeds unholiest and crimes most fearful cease any longer to affect the nerve. That paralysis, always a fearful indication of the death and dissolution of nations, is a doubly dangerous disease in a republic, whose only power is in intelligence, justice and virtue103.
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1
inefficiency
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| n.无效率，无能；无效率事例 | |
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precisely
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| adv.恰好，正好，精确地，细致地 | |
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strenuous
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| adj.奋发的，使劲的；紧张的；热烈的，狂热的 | |
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judicial
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| adj.司法的，法庭的，审判的，明断的，公正的 | |
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proceedings
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| n.进程，过程，议程；诉讼(程序)；公报 | |
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rectify
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| v.订正，矫正，改正 | |
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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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entirely
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| ad.全部地，完整地；完全地，彻底地 | |
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rev
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| v.发动机旋转，加快速度 | |
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drawn
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| v.拖，拉，拔出；adj.憔悴的，紧张的 | |
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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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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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condemned
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| adj. 被责难的, 被宣告有罪的 动词condemn的过去式和过去分词 | |
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petitioners
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| n.请求人，请愿人( petitioner的名词复数 )；离婚案原告 | |
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entreaty
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| n.恳求，哀求 | |
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remonstrances
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| n.抱怨，抗议( remonstrance的名词复数 ) | |
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sublime
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| adj.崇高的，伟大的；极度的，不顾后果的 | |
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applied
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apportioning
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| vt.分摊，分配（apportion的现在分词形式） | |
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imprisonment
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| n.关押，监禁，坐牢 | |
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versus
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commonwealth
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| n.共和国，联邦，共同体 | |
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prosecution
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| n.起诉，告发，检举，执行，经营 | |
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malicious
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| adj.有恶意的，心怀恶意的 | |
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inhuman
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| adj.残忍的，不人道的，无人性的 | |
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astounding
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| adj.使人震惊的vt.使震惊，使大吃一惊astound的现在分词) | |
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wretches
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| n.不幸的人( wretch的名词复数 )；可怜的人；恶棍；坏蛋 | |
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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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accusation
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| n.控告，指责，谴责 | |
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impeachment
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| n.弹劾；控告；怀疑 | |
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laborer
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| n.劳动者，劳工 | |
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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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laborers
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| n.体力劳动者，工人( laborer的名词复数 )；（熟练工人的）辅助工 | |
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apprentices
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| 学徒，徒弟( apprentice的名词复数 ) | |
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inflicting
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| 把…强加给，使承受，遭受( inflict的现在分词 ) | |
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immediate
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| adj.立即的；直接的，最接近的；紧靠的 | |
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brutality
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| n.野蛮的行为，残忍，野蛮 | |
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avowedly
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| adv.公然地 | |
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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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vindication
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| n.洗冤，证实 | |
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humane
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| adj.人道的，富有同情心的 | |
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judgment
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| n.审判；判断力，识别力，看法，意见 | |
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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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avenge
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| v.为...复仇，为...报仇 | |
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avowal
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| n.公开宣称，坦白承认 | |
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needy
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| adj.贫穷的，贫困的，生活艰苦的 | |
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vilify
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| v.诽谤，中伤 | |
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forth
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| adv.向前；向外，往外 | |
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scoffed
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| 嘲笑，嘲弄( scoff的过去式和过去分词 ) | |
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scourged
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| 鞭打( scourge的过去式和过去分词 )； 惩罚，压迫 | |
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glorified
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| 美其名的，变荣耀的 | |
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heresies
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| n.异端邪说，异教( heresy的名词复数 ) | |
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brotherhood
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| n.兄弟般的关系，手中情谊 | |
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immortality
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| n.不死，不朽 | |
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fable
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| n.寓言；童话；神话 | |
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justified
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| a.正当的，有理的 | |
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worthy
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| adj.(of)值得的，配得上的；有价值的 | |
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outrageous
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| adj.无理的，令人不能容忍的 | |
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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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testimony
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| n.证词；见证，证明 | |
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blotted
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| 涂污( blot的过去式和过去分词 )； （用吸墨纸）吸干 | |
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mere
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| adj.纯粹的；仅仅，只不过 | |
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preservation
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| n.保护，维护，保存，保留，保持 | |
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inflicted
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| 把…强加给，使承受，遭受( inflict的过去式和过去分词 ) | |
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restriction
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| n.限制，约束 | |
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stringent
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| adj.严厉的；令人信服的；银根紧的 | |
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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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justifies
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| 证明…有理( justify的第三人称单数 )； 为…辩护； 对…作出解释； 为…辩解（或辩护） | |
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perversion
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| n.曲解；堕落；反常 | |
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amiableness
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piety
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| n.虔诚，虔敬 | |
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devoted
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| adj.忠诚的，忠实的，热心的，献身于...的 | |
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protracted
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| adj.拖延的；延长的v.拖延“protract”的过去式和过去分词 | |
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salvation
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| n.（尤指基督）救世，超度，拯救，解困 | |
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perverted
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| adj.不正当的v.滥用( pervert的过去式和过去分词 )；腐蚀；败坏；使堕落 | |
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Christian
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| adj.基督教徒的；n.基督教徒 | |
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interfere
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| v.(in)干涉，干预；(with)妨碍，打扰 | |
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nay
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| adv.不；n.反对票，投反对票者 | |
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expressive
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| adj.表现的，表达…的，富于表情的 | |
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incur
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| vt.招致，蒙受，遭遇 | |
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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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lodged
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| v.存放( lodge的过去式和过去分词 )；暂住；埋入；（权利、权威等）归属 | |
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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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literally
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| adv.照字面意义，逐字地；确实 | |
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profligate
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| adj.行为不检的；n.放荡的人，浪子，肆意挥霍者 | |
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assent
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| v.批准，认可；n.批准，认可 | |
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corrupt
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| v.贿赂，收买；adj.腐败的，贪污的 | |
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proximity
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| n.接近，邻近 | |
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remains
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| n.剩余物，残留物；遗体，遗迹 | |
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corrupting
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| （使）败坏( corrupt的现在分词 )； （使）腐化； 引起（计算机文件等的）错误； 破坏 | |
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paralysis
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| n.麻痹(症)；瘫痪(症) | |
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faculty
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| n.才能；学院，系；(学院或系的)全体教学人员 | |
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shriek
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| v./n.尖叫，叫喊 | |
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profess
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| v.声称，冒称，以...为业，正式接受入教，表明信仰 | |
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missionaries
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| n.传教士( missionary的名词复数 ) | |
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interpretations
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| n.解释( interpretation的名词复数 )；表演；演绎；理解 | |
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wilt
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| v.(使)植物凋谢或枯萎；(指人)疲倦，衰弱 | |
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98
justify
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| vt.证明…正当(或有理)，为…辩护 | |
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99
remorse
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| n.痛恨，悔恨，自责 | |
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100
trespasses
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| 罪过( trespass的名词复数 )； 非法进入 | |
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101
perseveringly
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| 坚定地 | |
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102
stifled
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| （使）窒息， （使）窒闷( stifle的过去式和过去分词 )； 镇压，遏制； 堵 | |
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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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