Chapter XVII: Section 16: ”

The author makes here a remark. Scattered through all the Southern States are slaveholders who are such only in name. They have no pleasure in the system, they consider it one of wrong altogether, and they hold the legal relation still, only because not yet clear with regard to the best way of changing it, so as to better the condition of those held. Such are most earnest advocates for state emancipation, and are friends of anything, written in a right spirit, which tends in that direction. From such the author ever receives criticisms with pleasure.

She has endeavored to lay before the world, in the fullest manner, all that can be objected to her work, that both sides may have an opportunity of impartial hearing.

When writing “Uncle Tom’s Cabin,” though entirely unaware and unexpectant of the importance which would be attached to its statements and opinions, the author of that work was anxious, from love of consistency, to have some understanding of the laws of the slave system. She had on hand for reference, while writing, the Code Noir of Louisiana, and a sketch of the laws relating to slavery in the different states, by Judge Stroud, of Philadelphia. This work, professing to have been compiled with great care from the latest editions of the statute-books of the several states, the author supposed to be a sufficient guide for the writing of a work of fiction.[3] As the accuracy of those statements which relate to the slave-laws has been particularly contested, a more especial inquiry has been made in this direction. Under the guidance and with the assistance of legal gentlemen of high standing, the writer has proceeded to examine the statements of Judge Stroud with regard to statute-law, and to follow them up with some inquiry into the decisions of courts. The result has been an increasing conviction on her part that the impressions first derived from Judge Stroud’s work were correct; and the author now can only give the words of St. Clare, as the best possible expression of the sentiments and opinion which this course of reading has awakened in her mind.

This cursed business, accursed of God and man,—what is it? Strip it
of all its ornament, run it down to the root and nucleus of the
whole, and what is it? Why, because my brother Quashy is ignorant
and weak, and I am intelligent and strong,—because I know how, and
_can_ do it,—therefore I may steal all he has, keep it, and give him
only such and so much as suits my fancy! Whatever is too hard, too
dirty, too disagreeable for me, I may set Quashy to doing. Because I
don’t like work, Quashy shall work. Because the sun burns me, Quashy
shall stay in the sun. Quashy shall earn the money, and I will spend
it. Quashy shall lie down in every puddle, that I may walk over dry
shod. Quashy shall do my will, and not his, all the days of his
mortal life, and have such a chance of getting to heaven at last as
I find convenient. This I take to be about what slavery is. I defy
anybody on earth to read our slave-code, as it stands in our
law-books, and make anything else of it. Talk of the _abuses_ of
slavery! Humbug! The _thing itself_ is the essence of all abuse. And
the only reason why the land don’t sink under it, like Sodom and
Gomorrah, is because it is _used_ in a way infinitely better than it
is. For pity’s sake, for shame’s sake, because we are men born of
women, and not savage beasts, many of us do not, and dare not,—we
would _scorn_ to use the full power which our savage laws put into
our hands. And he who goes the furthest, and does the worst, only
uses within limits the power that the law gives him!

The author still holds to the opinion that slavery in itself, as legally defined in law-books and expressed in the records of courts, _is_ the SUM AND ESSENCE OF ALL ABUSE; and she still clings to the hope that there are _many_ men at the South _infinitely_ better than their laws; and after the reader has read all the extracts which she has to make, for the sake of a common humanity they will hope the same. The author must state, with regard to some passages which she must quote, that the language of certain enactments was so incredible that she would not take it on the authority of any compilation whatever, but copied it with her own hand from the latest edition of the statute-book where it stood and still stands.

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Footnote 3:

In this connection it may be well to state that the work of Judge
Stroud is now out of print, but that a work of the same character is
in course of preparation by William I. Bowditch, Esq., of Boston,
which will bring the subject out, by the assistance of the latest
editions of statutes, and the most recent decisions of courts.