Chapter XCIV: Introduction (17)

The brutality of these two provisos brands its authors as barbarians. But the third cause of exemption could not be outdone by the legislation of fiends. 'DYING under MODERATE _correction_!' MODERATE _correction_ and DEATH--cause and effect! 'Provided ALWAYS,' says the law, 'this act shall not extend to any slave dying under _moderate correction_!' Here is a formal proclamation of impunity to murder--an express pledge of _acquittal_ to all slaveholders who wish to murder their slaves, a legal absolution--an indulgence granted before the commission of the crime! Look at the phraseology. Nothing is said of maimings, dismemberments, skull fractures, of severe bruisings, or lacerations, or even of floggings; but a word is used the common-parlance import of which is, _slight chastisement_; it is not even _whipping_, but '_correction_' And as if hypocrisy and malignity were on the rack to outwit each other, even that weak word must be still farther diluted; so '_moderate_' is added: and, to crown the climax, compounded of absurdity, hypocrisy, and cold-blooded murder, the _legal definition_ of 'moderate correction' is covertly given; which is, _any punishment_ that KILLS the victim. All inflictions are either _moderate_ or _immoderate_; and the design of this law was manifestly to shield the murderer from conviction, _by carrying on its face the rule for its own interpretation_; thus advertising, beforehand, courts and juries, that the fact of any infliction _producing death_, was no evidence that it was _immoderate_, and that beating a man to death came within the legal meaning of 'moderate correction!' The _design_ of the legislature of North Carolina in framing this law is manifest; it was to produce the impression upon the world, that they had so high a sense of justice as voluntarily to grant adequate protection to the lives of their slaves. This is ostentatiously set forth in the preamble, and in the body of the law. That this was the most despicable hypocrisy, and that they had predetermined to grant no such protection, notwithstanding the pains taken to get the _credit_ of it, is fully revealed by the _proviso_, which was framed in such a way as to nullify the law, for the express accommodation of slaveholding gentlemen murdering their slaves. All such find in this proviso a convenient accomplice before the fact, and a packed jury, with a ready-made verdict of 'not guilty,' both gratuitously furnished by the government! The preceding law and proviso are to be found in Haywood's Manual, 530; also in Laws of Tennessee, Act of October 23, 1791; and in Stroud's Sketch, 37.

Enough has been said already to show, that though the laws of the slave states profess to grant adequate protection to the life of the slave, such professions are mere empty pretence, no such protection being in reality afforded by them. But there is still another fact, showing that all laws which profess to protect the slaves from injury by the whites are a mockery. It is this--that the testimony, neither of a slave nor of a free colored person, is _legal_ testimony against a white. To this rule there is _no exception_ in any of the slave states: and this, were there no other evidence, would be sufficient to stamp, as hypocritical, all the provisions of the codes which _profess_ to protect the slaves. Professing to grant _protection_, while, at the same time, it strips them of the only _means_ by which they can make that protection available! Injuries must be legally _proved_ before they can be legally _redressed_: to deprive men of the power of _proving_ their injuries, is itself the greatest of all injuries; for it not only exposes to all, but invites them, by a virtual guarantee of impunity, and is thus the _author_ of all injuries. It matters not what other laws exist, professing to throw safeguards round the slave--_this_ makes them blank paper. How can a slave prove outrages perpetrated upon him by his master or overseer, when his own testimony and that of all his fellow-slaves, his kindred, associates, and acquaintances, is ruled out of court? and when he is entirely in the _power_ of those who injure him, and when the only care necessary, on their part, is, to see that no _white_ witness is looking on. Ordinarily, but _one_ white man, the overseer, is with the slaves while they are at labor; indeed, on most plantations, to commit an outrage in the _presence_ of a white witness would be more difficult than in their absence. He who wished to commit an illegal act upon a slave, instead of being obliged to _take pains_ and watch for an opportunity to do it unobserved by a white, would find it difficult to do it in the presence of a white if he wished to do so. The supreme court of Louisiana, in their decision, in the case of Crawford vs. Cherry,(15, _Martin's La. Rep._ 112; also "_Law of Slavery,_" 249,) where the defendant was sued for the value of a slave whom he had shot and killed, say, "The act charged here, is one _rarely_ committed in the presence of _witnesses_," (whites). So in the case of the State vs. Mann, (_Devereux, N.C. Rep._ 263; and _"Law of Slavery," _247;) in which the defendant was charged with shooting a slave girl 'belonging' to the plaintiff; the Supreme Court of North Carolina, in their decision, speaking of the provocations of the master by the slave, and 'the consequent wrath of the master' prompting him to _bloody vengeance_, add, _'a vengeance generally practised with impunity, by reason of its privacy.'_

Laws excluding the testimony of slaves and free colored persons, where a white is concerned, do not exist in all the slave states. One or two of them have no legal enactment on the subject; but, in those, _'public opinion'_ acts with the force of law, and the courts _invariably reject it_. This brings us back to the potency of that oft-quoted 'public opinion,' so ready, according to our objector, to do battle for the _protection_ of the slave!

Another proof that 'public opinion,' in the slave states, plunders, tortures, and murders the slaves, instead of _protecting_ them, is found in the fact, that the laws of slave states inflict _capital_ punishment on slaves for a variety of crimes, for which, if their masters commit them, the legal penalty is merely _imprisonment_. Judge Stroud in his Sketch of the Laws of Slavery, says, that by the laws of Virginia, there are 'seventy-one crimes for which slaves are capitally punished though in none of these are whites punished in manner more severe than by imprisonment in the penitentiary.' (P. 107, where the reader will find all the crimes enumerated.) It should be added, however, that though the penalty for each of these seventy-one crimes is 'death,' yet a majority of them are, in the words of the law, 'death within clergy;' and in Virginia, _clergyable_ offences, though _technically_ capital, are not so in fact. In Mississippi, slaves are punished capitally for more than _thirty_ crimes, for which whites are punished only by fine or imprisonment, or both. Eight of these are not _recognized as crimes_, either by common law or by statute, when committed by whites. In South Carolina slaves are punished capitally for _nine_ more crimes than the whites--in Georgia, for _six_--and in Kentucky, for _seven_ more than whites, &c. We surely need not detain the reader by comments on this monstrous inequality with which the penal codes of slave states treat slaves and their masters. When we consider that guilt is in proportion to intelligence, and that these masters have by law doomed their slaves to ignorance, and then, as they darkle and grope along their blind way, inflict penalties upon them for a variety of acts regarded as praise worthy in whites; killing them for crimes, when whites are only fined or imprisoned--to call such a 'public opinion' inhuman, savage, murderous, diabolical, would be to use tame words, if the English vocabulary could supply others of more horrible import.

But slaveholding brutality does not stop here. While punishing the slaves for crimes with vastly greater severity than it does their masters for the same crimes, and making a variety of acts _crimes_ in law, which are right, and often _duties_, it persists in refusing to make known to the slaves that complicated and barbarous penal code which loads them with such fearful liabilities. The slave is left to get a knowledge of these laws as he can, and cases must be of constant occurrence at the south, in which slaves get their first knowledge of the existence of a law by suffering its penalty. Indeed, this is probably the way in which they commonly learn what the laws are; for how else can the slave get a knowledge of the laws? He cannot _read_--he cannot _learn_ to read; if he try to master the alphabet, so that he may spell out the words of the law, and thus avoid its penalties, the law shakes its terrors at him; while, at the same time, those who made the laws refuse to make them known to those for whom they are designed. The memory of Caligula will blacken with execration while time lasts, because be hung up his laws so high that people could not read them, and then punished them because they did not keep them. Our slaveholders aspire to blacker infamy. Caligula was content with hanging up his laws where his subjects could _see_ them; and if they could not read them, they knew where they were, and might get at them, if, in their zeal to learn his will, they had used the same means to get up to them that those did who hung them there. Even Caligula, wretch as he was, would have shuddered at cutting their legs off, to prevent their climbing to them; or, if they had got there, at boring their eyes out, to prevent their reading them. Our slaveholders virtually do both; for they prohibit their slaves acquiring that knowledge of letters which would enable them to read the laws; and if, by stealth, they get it in spite of them, they prohibit them books and papers, and flog them if they are caught at them. Further--Caligula merely hung his laws so high that they could not be _read_--our slaveholders have hung theirs so high above the slave that they cannot be _seen_--they are utterly out of sight, and he finds out that they are there only by the falling of the penalties on his head.[35] Thus the "public opinion" of slave states protects the defenceless slave by arming a host of legal penalties and setting them in ambush at every thicket along his path, to spring upon him unawares.

[Footnote 35: The following extract from the Alexandria (D.C.) Gazette is all illustration. "CRIMINALS CONDEMNED.--On Monday last the Court of the borough of Norfolk, Va. sat on the trial of four negro boys arraigned for burglary. The first indictment charged them with breaking into the hardware store of Mr. E.P. Tabb, upon which two of them were found guilty by the Court, and condemned to suffer the penalty of the law, which, in the case of a slave, is death. The second Friday in April is appointed for the execution of their awful sentence. _Their ages do not exceed sixteen_. The first, a fine active boy, belongs to a widow lady in Alexandria; the latter, a house servant, is owned by a gentleman in the borough. The value of one was fixed at $1000, and the other at $800; which sums are to be re-imbursed to their respective owners out of the state treasury." In all probability these poor boys, who are to be hung for stealing, never dreamed that death was the legal penalty of the crime.

Here is another, from the "New Orleans Bee" of ---- 14, 1837--"The slave who STRUCK some citizens in Canal street, some weeks since, has been tried and found guilty, and is sentenced to be HUNG on the 24th."]

Stroud, in his Sketch of the Laws of Slavery, page 100, thus comments on this monstrous barbarity.

"The hardened convict moves their sympathy, and is to be taught the laws before he is expected to obey them;[36] yet the guiltless slave is subjected to an extensive system of cruel enactments, of no part of which, probably, has he ever heard."

[Footnote 36: "It shall be the duty of the keeper [of the penitentiary] on the receipt of each prisoner, to _read_ to him or her such parts of the penal laws of this state as impose penalties for escape, and to make all the prisoners in the penitentiary acquainted with the same. It shall also be his duty, on the discharge of such prisoner, to read to him or her such parts of the laws as impose additional punishments for the repetition of offences."--_Rule 12th_, for the internal government of the Penitentiary of Georgia. Sec. 26 of the Penitentiary Act of 1816.--Prince's Digest, 386.]

Having already drawn so largely on the reader's patience, in illustrating southern 'public opinion' by the slave laws, instead of additional illustrations of the same point from another class of those laws, as was our design, we will group together a few particulars, which the reader can take in at a glance, showing that the "public opinion" of slaveholders towards their slaves, which exists at the south, in the form of law, tramples on all those fundamental principles of right, justice, and equity, which are recognized as sacred by all civilized nations, and receive the homage even of barbarians.

1. One of these principles is, that the _benefits_ of law to the subject should overbalance its burdens--its protection more than compensate for its restraints and exactions--and its blessings altogether outweigh its inconveniences and evils--the former being numerous, positive, and permanent, the latter few, negative, and incidental. Totally the reverse of all this is true in the case of the slave. Law is to him all exaction and no protection: instead of lightening his _natural_ burdens, it crushes him under a multitude of artificial ones; instead of a friend to succor him, it is his deadliest foe, transfixing him at every step from the cradle to the grave. Law has been beautifully defined to be "benevolence acting by rule;" to the American slave it is malevolence torturing by system. It is an old truth, that _responsibility_ increases with _capacity_; but those same laws which make the slave a "_chattel_," require of him _more_ than of _men_. The same law which makes him a _thing_ incapable of obligation, loads him with obligations superhuman--while sinking him below the level of a brute in dispensing its _benefits_, he lays upon him burdens which would break down an angel.

2. _Innocence is entitled to the protection of law._ Slaveholders make innocence free plunder; this is their daily employment; their laws assail it, make it their victim, inflict upon it all, and, in some respects, more than all the penalties of the greatest guilt. To other innocent persons, law is a blessing, to the slave it is a curse, only a curse and that continually.

3. _Deprivation of liberty is one of the highest punishments of crime_; and in proportion to its justice when inflicted on the guilty, is its injustice when inflicted on the innocent; this terrible penalty is inflicted on two million seven hundred thousand, innocent persons in the Southern states.

4. _Self-preservation and self-defence_, are universally regarded as the most sacred of human rights, yet the laws of slave states punish the slave with _death_ for exercising these rights in that way, which in others is pronounced worthy of the highest praise.

5. _The safeguards of law are most needed where natural safe-guards are weakest._ Every principle of justice and equity requires, that, those who are totally unprotected by birth, station, wealth, friends, influence, and popular favor, and especially those who are the innocent objects of public contempt and prejudice, should be more vigilantly protected by law, than those who are so fortified by defence, that they have far less need of _legal_ protection; yet the poor slave who is fortified by _none_ of these _personal_ bulwarks, is denied the protection of law, while the master, surrounded by them all, is panoplied in the mail of legal protection, even to the hair of his head; yea, his very shoe-tie and coat-button are legal protegees.

6. The grand object of law is to _protect men's natural rights_, but instead of protecting the natural rights of the slaves, it gives slaveholders license to wrest them from the weak by violence, protects them in holding their plunder, and _kills_ the rightful owner if he attempt to recover it.

This is the _protection_ thrown around the rights of American slaves by the 'public opinion,' of slaveholders; these the restraints that hold back their masters, overseers, and drivers, from inflicting injuries upon them!

In a Republican government, _law_ is the pulse of its _heart_--as the heart beats the pulse beats, except that it often beats _weaker_ than the heart, never stronger--or to drop the figure, laws are never _worse_ than those who make them, very often better. If human history proves anything, cruelty of practice will always go beyond cruelty of law.

Law-making is a formal, deliberate act, performed by persons of mature age, embodying the intelligence, wisdom, justice and humanity, of the community; performed, too, at leisure, after full opportunity had for a comprehensive survey of all the relations to be affected, after careful investigation and protracted discussion. Consequently laws must, in the main, be a true index of the permanent feelings, the settled _frame of mind_, cherished by the community upon those subjects, and towards those persons and classes whose condition the laws are designed to establish. If the laws are in a high degree cruel and inhuman, towards any class of persons, it proves that the feelings habitually exercised towards that class of persons, by those who make and perpetuate those laws, are at least _equally_ cruel and inhuman. We say _at least equally_ so; for if the _habitual_ state of feeling towards that class be unmerciful, it must be unspeakably cruel, relentless and malignant when _provoked_; if its _ordinary_ action is inhuman, its contortions and spasms must be tragedies; if the waves run high when there has been no wind, where will they not break when the tempest heaves them!

Further, when cruelty is the _spirit_ of the law towards a proscribed class, when it _legalizes great outrages_ upon them, it connives at, and abets _greater_ outrages, and is virtually an accomplice of all who perpetrate them. Hence, in such cases, though the _degree_ of the outrage is illegal, the perpetrator will rarely be convicted, and, even if convicted, will be almost sure to escape punishment. This is not _theory_ but _history_. Every judge and lawyer in the slave states _knows_, that the legal conviction and _punishment_ of masters and mistresses, for illegal outrages upon their slaves, is an event which has rarely, if ever, occurred in the slave states; they know, also, that although _hundreds_ of slaves have been _murdered_ by their masters and mistresses in the slave states, within the last twenty-five years, and though the fact of their having committed those murders has been established beyond a _doubt_ in the minds of the surrounding community, yet that the murderers have not, in a single instance, suffered the penalty of the law.

Finally, since slaveholders have deliberately legalized the perpetration of the most cold-blooded atrocities upon their slaves, and do pertinaciously refuse to make these atrocities _illegal_, and to punish those who perpetrate them, they stand convicted before the world, upon their own testimony, of the most barbarous, brutal, and habitual inhumanity. If this be slander and falsehood, their own lips have uttered it, their own fingers have written it, their own acts have proclaimed it; and however it may be with their _morality_, they have too much human nature to perjure themselves for the sake of publishing their own infamy.

Having dwelt at such length on the legal code of the slave states, that unerring index of the public opinion of slaveholders towards their slaves; and having shown that it does not protect the slaves from cruelty, and that even in the few instances in which the letter of the law, if _executed_, would afford some protection, it is virtually nullified by the connivance of courts and juries, or by popular clamor; we might safely rest the case here, assured that every honest reader would spurn the absurd falsehood, that the 'public opinion' of the slave states protects the slaves and restrains the master. But, as the assertion is made so often by slaveholders, and with so much confidence, notwithstanding its absurdity is fully revealed by their own legal code, we propose to show its falsehood by applying other tests.

We lay it down as a truth that can be made no plainer by reasoning, that the same 'public opinion,' which restrains men from _committing_ outrages, will restrain them from _publishing_ such outrages, if they do commit them;--in other words, if a man is restrained from certain acts through fear of losing his character, should they become known, he will not voluntarily destroy his character by _making them known_, should he be guilty of them. Let us look at this. It is assumed by slaveholders, that 'public opinion' at the south so frowns on cruelty to the slaves, that _fear of disgrace_ would restrain from the infliction of it, were there no other consideration.

Now, that this is sheer fiction is shown by the fact, that the newspapers in the slaveholding states, teem with advertisements for runaway slaves, in which the masters and _mistresses_ describe their men and women, as having been 'branded with a hot iron,' on their 'cheeks,' 'jaws,' 'breasts,' 'arms,' 'legs,' and 'thighs;' also as 'scarred,' 'very much scarred,' 'cut up,' 'marked,' &c. 'with the whip,' also with 'iron collars on,' 'chains,' 'bars of iron,' 'fetters,' 'bells,' 'horns,' 'shackles,' &c. They, also, describe them as having been wounded by 'buck-shot,' 'rifle-balls,' &c. fired at them by their 'owners,' and others when in pursuit; also, as having 'notches,' cut in their ears, the tops or bottoms of their ears 'cut off,' or 'slit,' or 'one ear cut off' or 'both ears cut off' &c. &c. The masters and mistresses who thus advertise their runaway slaves, coolly sign their names to their advertisements, giving the street and number of their residences, if in cities, their post office address, &c. if in the country; thus making public proclamation as widely as possible that _they_ 'brand,' 'scar,' 'gash,' 'cut up,' &c. the flesh of their slaves; load them with irons, cut off their ears, &c.; they speak of these things with the utmost _sang froid_, not seeming to think it possible, that any one will esteem them at all the less because of these outrages upon their slaves; further, these advertisements swarm in many of the largest and most widely circulated political and commercial papers that are published in the slave states. The editors of those papers constitute the main body of the literati of the slave states; they move in the highest circle of society, are among the 'popular' men in the community, and _as a class_, are more influential than any other; yet these editors publish these advertisements with iron indifference. So far from proclaiming to such felons, homicides, and murderers, that they will not be their blood-hounds, to hunt down the innocent and mutilated victims who have escaped from their torture, they freely furnish them with every facility, become their accomplices and share their spoils; and instead of outraging 'public opinion,' by doing it, they are the men after its own heart, its organs, its representatives, its _self_.

To show that the 'public opinion' of the slave states, towards the slaves, is absolutely _diabolical_, we will insert a few, out of a multitude, of similar advertisements from a variety of southern papers now before us.

The North Carolina Standard, of July 18, 1838, contains the following:--

"TWENTY DOLLARS REWARD. Ranaway from the subscriber, a negro woman and two children; the woman is tall and black, and _a few days before she went off_, I BURNT HER WITH A HOT IRON ON THE LEFT SIDE OF HER FACE; I TRIED TO MAKE THE LETTER M, _and she kept a cloth over her head and face, and a fly bonnet on her head so as to cover the burn;_ her children are both boys, the oldest is in his seventh year; he is a _mulatto_ and has blue eyes; the youngest is black and is in his fifth year. The woman's name is Betty, commonly called Bet."

MICAJAH RICKS.

_Nash County, July 7_, 1838.

Hear the wretch tell his story, with as much indifference as if he were describing the cutting of his initials in the bark of a tree.

_"I burnt her with a hot iron on the left side of her face,"--"I tried to make the letter M_," and this he says in a newspaper, and puts his name to it, and the editor of the paper who is, also, its proprietor, publishes it for him and pockets his fee. Perhaps the reader will say, 'Oh, it must have been published in an insignificant sheet printed in some obscure corner of the state; perhaps by a gang of 'squatters,' in the Dismal Swamp, universally regarded as a pest, and edited by some scape-gallows, who is detested by the whole community.' To this I reply that the "North Carolina Standard," the paper which contains it, is a large six columned weekly paper, handsomely printed and ably edited; it is the leading Democratic paper in that state, and is published at Raleigh, the Capital of the state, Thomas Loring, Esq. Editor and Proprietor. The motto in capitals under the head of the paper is, "THE CONSTITUTION AND THE UNION OF THE STATES--THEY MUST BE PRESERVED." The same Editor and Proprietor, who exhibits such brutality of feeling towards the slaves, by giving the preceding advertisement a conspicuous place in his columns, and taking his pay for it, has apparently a keen sense of the proprieties of life, where _whites_ are concerned, and a high regard for the rights, character and feelings of those whose skin is colored like his own. As proof of this, we copy from the number of the paper containing the foregoing advertisement, the following _Editorial_ on the pending political canvass.

"We cannot refrain from expressing the hope that the Gubernatorial canvass will be conducted with a _due regard to the character_, and _feelings_ of the distinguished individuals who are candidates for that office; and that the press of North Carolina will _set an example_ in this respect, worthy of _imitation and of praise_."

What is this but chivalrous and honorable feeling? The good name of North Carolina is dear to him--on the comfort, 'character and feelings,' of her _white_ citizens he sets a high value; he feels too, most deeply for the _character of the Press_ of North Carolina, sees that it is a city set on a hill, and implores his brethren of the editorial corps to 'set an example' of courtesy and magnanimity worthy of imitation and praise. Now, reader, put all these things together and con them over, and then read again the preceding advertisement contained in the same number of the paper, and you have the true "North Carolina STANDARD," by which to measure the protection extended to slaves by the 'public opinion' of that state.

J.P. Ashford advertises as follows in the "Natchez Courier," August 24, 1838.

"Ranaway, a negro girl called Mary, has a small scar over her eye, a _good many teeth missing_, the letter A. _is branded on her cheek and forehead_."

A.B. Metcalf thus advertises a woman in the same paper, June 15, 1838.

"Ranaway, Mary, a black woman, has a _scar_ on her back and right arm near the shoulder, _caused by a rifle ball_."

John Henderson, in the "Grand Gulf Advertiser," August 29, 1838, advertises Betsey.

"Ranaway, a black woman Betsey, has an _iron bar on her right leg_."

Robert Nicoll, whose residence is in Mobile, in Dauphin street, between Emmanuel and Conception streets, thus advertises a woman in the "Mobile Commercial Advertiser."

"TEN DOLLARS REWARD will be given for my negro woman Liby. The said Liby is about 30 years old and VERY MUCH SCARRED ABOUT THE NECK AND EARS, occasioned by whipping, had on a handkerchief tied round her ears, as she COMMONLY wears it to HIDE THE SCARS."

To show that slaveholding brutality now is the same that it was the eighth of a century ago, we publish the following advertisement from the "Charleston (S.C.) Courier," of 1825.

"TWENTY DOLLARS REWARD.--Ranaway from the subscriber, on the 14th instant, a negro girl named Molly.

"The said girl was sold by Messrs. Wm. Payne & Sons, as the property of an estate of a Mr. Gearrall, and purchased by a Mr. Moses, and sold by him to a Thomas Prisley, of Edgefield District, of whom I bought her on the 17th of April, 1819. She is 16 or 17 years of age, slim made, LATELY BRANDED ON THE LEFT CHEEK, THUS, R, AND A PIECE TAKEN OFF OF HER EAR ON THE SAME SIDE; THE SAME LETTER ON THE INSIDE OF BOTH HER LEGS.

"ABNER ROSS, Fairfield District."

But instead of filling pages with similar advertisements, illustrating the horrible brutality of slaveholders towards their slaves, the reader is referred to the preceding pages of this work, to the scores of advertisements written by slaveholders, printed by slaveholders, published by slaveholders, in newspapers edited by slaveholders and patronized by slaveholders; advertisement describing not only men and boys, but women aged and middle-aged, matrons and girls of tender years, their necks chafed with iron collars with prongs, their limbs galled with iron rings and chains, and bars of iron, iron hobbles and shackles, all parts of their persons scarred with the lash, and branded with hot irons, and torn with rifle bullets, pistol balls and buck shot, and gashed with knives, their eyes out, their ears cut off, their teeth drawn out, and their bones broken. He is referred also to the cool and shocking indifference with which these slaveholders, 'gentlemen' and 'ladies,' Reverends, and Honorables, and Excellencies, write and print, and publish and pay, and take money for, and read and circulate, and sanction, such infernal barbarity. Let the reader ponder all this, and then lay it to heart, that this is that 'public opinion' of the slaveholders which protects their slaves from all injury, and is an effectual guarantee of personal security.

However far gone a community may be in brutality, something of protection may yet be hoped for from its 'public opinion,' if _respect for woman_ survive the general wreck; that gone, protection perishes; public opinion becomes universal rapine; outrages, once occasional, become habitual; the torture, which was before inflicted only by passion, becomes the constant product of a _system_, and, instead of being the index of sudden and fierce impulses, is coolly plied as the permanent means to an end. When _women_ are branded with hot irons on their faces; when iron collars, with prongs, are riveted about their necks; when iron rings are fastened upon their limbs, and they are forced to drag after them chains and fetters; when their flesh is torn with whips, and mangled with bullets and shot, and lacerated with knives; and when those who do such things, are regarded in the community, and associated with as 'gentlemen' and 'ladies;' to say that the 'public opinion' of _such_ a community is a protection to its victims, is to blaspheme God, whose creatures they are, cast in his own sacred image, and dear to him as the apple of his eye.

But we are not yet quite ready to dismiss this protector, 'Public Opinion.' To illustrate the hardened brutality with which slaveholders regard their slaves, the shameless and apparently unconscious indecency with which they speak of their female slaves, examine their persons, and describe them, under their own signatures, in newspapers, hand-bills, &c. just as they would describe the marks of cattle and swine, on all parts of their bodies; we will make a few extracts from southern papers. Reader, as we proceed to these extracts, remember our motto--'True humanity consists _not_ in a squeamish ear.'

Mr. P. ABDIE, of New Orleans, advertises in the New Orleans Bee, of January 29, 1838, for one of his female slaves, as follows;

"Ranaway, the negro wench named Betsey, aged about 22 years, handsome-faced, and good countenance; having the marks of the whip behind her neck, and SEVERAL OTHERS ON HER RUMP. The above reward, ($10,) will be given to whoever will bring that wench to P. ABDIE."

The New Orleans Bee, in which the advertisement of this Vandal appears, is the 'Official Gazette of the State--of the General Council--and of the first and third Municipalities of New Orleans.' It is the largest, and the most influential paper in the south-western states, and perhaps the most ably edited--and has undoubtedly a larger circulation than any other. It is a daily paper, of $12 a year, and its circulation being mainly among the larger merchants, planters, and professional men, it is a fair index of the 'public opinion' of Louisiana, so far as represented by those classes of persons. Advertisements equally gross, indecent, and abominable, or nearly so, can be found in almost every number of that paper.

Mr. WILLIAM ROBINSON, Georgetown, District of Columbia, advertised for his slave in the National Intelligencer, of Washington City, Oct. 2, 1837, as follows:

"Eloped from my residence a young negress, 22 years old, of a chestnut, or brown color. She has a very singular mark--this mark, to the best of my RECOLLECTION, covers a part of her _breasts_, _body_, and _limbs_; and when her neck and arms are uncovered, is very perceptible; she has been frequently seen east and south of the Capitol Square, and is harbored by ill-disposed persons, of every complexion, for her services."

Mr. JOHN C. BEASLEY, near Huntsville, Alabama, thus advertises a young girl of eighteen, in the Huntsville Democrat, of August 1st, 1837. "Ranaway Maria, about 18 years old, _very far advanced with child._" He then offers a reward to any one who will commit this young girl, in this condition, _to jail_.

Mr. JAMES T. DE JARNETT, Vernon, Autauga co. Alabama, thus advertises a woman in the Pensacola Gazette, July 14, 1838. "Celia is a _bright_ copper-colored negress, _fine figure_ and _very smart_. On EXAMINING HER BACK, you will find marks caused by the whip." He closes the advertisement, by offering a reward of _five hundred dollars_ to any person who will lodge her in _jail_, so that he can get her.

A person who lives at 124 Chartres street, New Orleans, advertises in the 'Bee,' of May 31, for "the negress Patience, about 28 years old, has _large hips_, and is _bow-legged_." A Mr. T. CUGGY, in the same paper, thus describes "the negress Caroline." "_She has awkward feet, clumsy ankles, turns out her toes greatly in walking, and has a sore on her left shin_."

In another, of June 22, Mr. P. BAHI advertises "Maria, with a clear white complexion, and _double nipple on her right breast_."

Mr. CHARLES CRAIGE, of Federal Point, New Hanover co. North Carolina, in the Wilmington Advertiser, August 11, 1837, offers a reward for his slave Jane, and says "_she is far advanced in pregnancy_."

The New Orleans Bulletin, August 18, 1838, advertises "the negress Mary, aged nineteen, has a scar on her face, walks parrot-toed, and is _pregnant_."

Mr. J.G. MUIR, of Grand Gulf, Mississippi, thus advertises a woman in the Vicksburg Register, December 5, 1838. "Ranaway a negro girl--has a number of _black lumps on her breasts, and is in a state of pregnancy_."

Mr. JACOB BESSON, Donaldsonville, Louisiana, advertises in the New Orleans Bee, August 7, 1838, "the negro woman Victorine--she is _advanced in pregnancy_."

Mr. J.H. LEVERICH & Co. No. 10, Old Levee, New Orleans, advertises in the 'Bulletin,' January 22, 1839, as follows.

"$50 REWARD.--Ranaway a negro girl named Caroline about 18 years of age, is _far advanced in child-bearing_. The above reward will be paid for her delivery at either of the _jails_ of the city."

Mr. JOHN DUGGAN, thus advertises a woman in the New Orleans Bee, of Sept. 7.

"Ranaway from the subscriber a mulatto woman, named Esther, about thirty years of age, _large stomach_, wants her upper front teeth, and walks pigeon-toed--supposed to be about the lower fauxbourg."

Mr. FRANCIS FOSTER, of Troop co. Georgia, advertises in the Columbus (Ga.) Enquirer of June 22, 1837--"My negro woman Patsey, has a stoop in her walking, occasioned by a _severe burn on her abdomen_."

The above are a few specimens of the gross details, in describing the persons of females, of all ages, and the marks upon all parts of their bodies; proving incontestably, that slaveholders are in the habit not only of stripping their female slaves of their clothing, and inflicting punishment upon their 'shrinking flesh,' but of subjecting their naked persons to the most minute and revolting inspection, and then of publishing to the world the results of their examination, as well as the scars left by their own inflictions upon them, their length, size, and exact position on the body; and all this without impairing in the least, the standing in the community of the shameless wretches who thus proclaim their own abominations. That such things should not at all affect the standing of such persons in society, is certainly no marvel: how could they affect it, when the same communities enact laws _requiring_ their own legal officers to inspect minutely the persons and bodily marks of all slaves taken up as runaways, and to publish in the newspapers a particular description of all such marks and peculiarities of their persons, their size, appearance position on the body, &c. Yea, verily, when the 'public opinion' of the community, in the solemn form of law, commands jailors, sheriffs, captains of police, &c. to divest of their clothing aged matrons and young girls, minutely examine their naked persons, and publish the results of their examination--who can marvel, that the same 'public opinion' should tolerate the slaveholders themselves, in doing the same things to their own property, which they have appointed legal officers to do as their proxies.[37]

[Footnote 37: 'As a sample of these laws, we give the following extract from one of the laws of Maryland, where slaveholding 'public opinion' exists in its mildest form.'

"It shall be the duty of the sheriffs of the several counties of this state, upon any runaway servant or slave being committed to his custody, to cause the same to be advertised, &c. and to make particular and minute descriptions of _the person and bodily marks_, of such runaway."--_Laws of Maryland of 1802_, Chap. 96, Sec. 1 and 2.

That the sheriffs, jailors, &c. do not neglect this part of their official 'duty,' is plain from the minute description which they give in the advertisements of marks upon all parts of the persons of females, as well as males; and also from the occasional declaration, 'no scars discoverable on any part,' or 'no marks discoverable _about_ her;' which last is taken from an advertisement in the Milledgeville (Geo.) Journal, June 26, 1838, signed 'T.S. Denster, Jailor.']

The zeal with which slaveholding '_public opinion_' protects the lives of the slaves, may be illustrated by the following advertisements, taken from a multitude of similar ones in southern papers. To show that slaveholding 'public opinion' is the same _now_, that it was half a century ago, we will insert, in the first place, an advertisement published in a North Carolina newspaper, Oct. 29, 1785, by W. SKINNER, the Clerk of the County of Perquimons, North Carolina.

"Ten silver dollars reward will be paid for apprehending and delivering to me my man Moses, who ran away this morning; or I will give five times the sum to any person who will make due proof of his _being killed_, and never ask a question to know by whom it was done."

W. SKINNER.

_Perquimons County, N.C. Oct. 29, 1785._

The late JOHN PARRISH, of Philadelphia, an eminent minister of the religious society of Friends, who traveled through the slave states about _thirty-five years_ since, on a religious mission, published on his return a pamphlet of forty pages, entitled 'Remarks on the Slavery of the Black People.' From this work we extract the following illustrations of 'public opinion' in North and South Carolina and Virginia at that period.

"When I was traveling through North Carolina, a black man, who was outlawed, being shot by one of his pursuers, and left wounded in the woods, they came to an ordinary where I had stopped to feed my horse, in order to procure a cart to bring the poor wretched object in. Another, I was credibly informed, was shot, his head cut off, and carried in a bag by the perpetrators of the murder, who received the reward, which was said to be $200, continental currency, and that his head was stuck on a coal house at an iron works in Virginia--and this for going to visit his wife at a distance. Crawford gives an account of a man being gibbetted alive in South Carolina, and the buzzards came and picked out his eyes. Another was burnt to death at a stake in Charleston, surrounded by a multitude of spectators, some of whom were people of the _first rank_; ... the poor object was heard to cry, as long as he could breathe, 'not guilty--not guilty.'"

The following is an illustration of the 'public opinion' of South Carolina about fifty years ago. It is taken from Judge Stroud's Sketch of the Slave Laws, page 39.

"I find in the case of 'the State vs. M'Gee,' I Bay's Reports, 164, it is said incidentally by Messrs. Pinckney and Ford, counsel for the state (of S.C.), 'that the _frequency_ of the offence (_wilful_ murder of a slave) was owing to the _nature of the punishment_', &c.... This remark was made in 1791, when the above trial took place. It was made in a public place--a courthouse--and by men of great personal respectability. There can be, therefore, no question as to its _truth_, and as little of its _notoriety_."

In 1791 the Grand Jury for the district of Cheraw, S.C. made a _presentment_, from which the following is an extract.

"We, the Grand Jurors of and for the district of Cheraw, do present the INEFFICACY of the present punishment for killing negroes, as a great defect in the legal system of this state: and we do earnestly recommend to the attention of the legislature, that clause of the negro act, which confines the penalty for killing slaves to fine and imprisonment only: in full confidence, that they will provide some other _more effectual_ measures to prevent the FREQUENCY of crimes of this nature."--_Matthew Carey's American Museum, for Feb. 1791_.--Appendix, p. 10.

The following is a specimen of the 'public opinion' of Georgia twelve years since. We give it in the strong words of COLONEL STONE, Editor of the New York Commercial Advertiser. We take it from that paper of June 8, 1827.

"HUNTING MEN WITH DOGS.-A negro who had absconded from his master, and for whom a reward of $100 was offered, has been apprehended and committed to prison in Savannah. The editor, who states the fact, adds, with as much coolness as though there were no barbarity in the matter, that he did not surrender till _he was considerably_ MAIMED BY THE DOGS that had been set on him--desperately fighting them--one of which he badly cut with a sword."

Twelve days after the publication of the preceding fact, the following horrible transaction took place in Perry county, Alabama. We extract it from the African Observer, a monthly periodical, published in Philadelphia, by the society of Friends. See No. for August, 1827.

"Tuscaloosa, Ala. June 20, 1827.

"Some time during the last week a Mr. M'Neilly having lost some clothing, or other property of no great value, the slave of a neighboring planter was charged with the theft. M'Neilly, in company with his brother, found the negro driving his master's wagon; they seized him, and either did, or were about to chastise him, when the negro stabbed M'Neilly, so that he died in an hour afterwards. The negro was taken before a justice of the peace, who _waved his authority_, perhaps through fear, as a crowd of persons had collected to the number of seventy or eighty, near Mr. People's (the justice) house. _He acted as president of the mob,_ and put the vote, when it was decided he should be immediately executed by _being burnt to death_. The sable culprit was led to a tree, and tied to it, and a large quantity of pine knots collected and placed around him, and the fatal torch applied to the pile, even against the remonstrances of several gentlemen who were present; and the miserable being was in a short time burned to ashes.

"This is the SECOND negro who has been THUS put to death, without judge or jury, in this county."

The following advertisements, testimony, &c. will show that the slaveholders of _to-day_ are the _children_ of those who shot, and hunted with bloodhounds, and burned over slow fires, the slaves of half a century ago; the worthy inheritors of their civilization, chivalry, and tender mercies.

The "Wilmington (North Carolina) Advertiser" of July 13, 1838, contains the following advertisement.

"$100 will be paid to any person who may apprehend and safely confine in any jail in this state, a certain negro man, named ALFRED. And the same reward will be paid, if satisfactory evidence is given of _having been_ KILLED. He has one or more scars on one of his hands, caused by his having been shot.

"THE CITIZENS OF ONSLOW.

"Richlands, Onslow co. May 16th, 1838."

In the same column with the above and directly under it is the following:--

"RANAWAY my negro man RICHARD. A reward of $25 will be paid for his apprehension DEAD or ALIVE. Satisfactory proof will only be required of his being KILLED. He has with him, in all probability, his wife ELIZA, who ran away from Col. Thompson, now a resident of Alabama, about the time he commenced his journey to that state. DURANT H. RHODES."

In the "Mason (Georgia) Telegraph," May 28, is the following:

"About the 1st of March last the negro man RANSOM left me without the least provocation whatever; I will give a reward of twenty dollars for said negro, if taken DEAD OR ALIVE,--and if killed in any attempt, an advance of five dollars will be paid. BRYANT JOHNSON.

"_Crawford co. Georgia_"

See the "Newbern (N.C.) Spectator," Jan. 5, 1838, for the following:--

"RANAWAY, from the subscriber, a negro man named SAMPSON. Fifty dollars reward will be given for the delivery of him to me, or his confinement in any jail so that I get him, and should he resist in being taken, so that violence is necessary to arrest him, I will not hold any person liable for damages should the slave be KILLED. ENOCH FOY.

"Jones County, N.C."

From the "Macon (Ga.) Messenger," June 14, 1838.

"TO THE OWNERS OF RUNAWAY NEGROES. A large mulatto Negro man, between thirty-five and forty years old, about six feet in height, having a high forehead, and hair slightly grey, was KILLED, near my plantation, on the 9th inst. _He would not surrender_ but assaulted Mr. Bowen, who killed him in self-defence. If the owner desires further information relative to the death of his negro, he can obtain it by letter, or by calling on the subscriber ten miles south of Perry, Houston county. EDM'D. JAS. McGEHEE."

From the 'Charleston (S.C.) Courier,' Feb. 20, 1836.

"$300 REWARD. Ranaway from the subscriber, in November last, his two negro men, named Billy and Pompey.

"Billy is 25 years old, and is known as the patroon of my boat for many years; in all probability he may resist; in that event 50 dollars will be paid for his HEAD."

From the 'Newbern (N.C.) Spectator,' Dec 2. 1836.

"$200 REWARD. Ranaway from the subscriber, about three years ago, a certain negro man named Ben, commonly known by the name of Ben Fox. He had but one eye. Also, one other negro, by the name of Rigdon, who ranaway on the 8th of this month.

"I will give the reward of one hundred dollars for each of the above negroes, to be delivered to me or confined in the jail of Lenoir or Jones county, or FOR THE KILLING OF THEM, SO THAT I CAN SEE THEM. W.D. COBB."

In the same number of the Spectator two Justices of the Peace advertise the same runaways, and give notice that if they do not immediately return to W.D. Cobb, their master, they will be considered as outlaws, and any body may kill them. The following is an extract from the proclamation of the JUSTICES.

"And we do hereby, by virtue of an act of the assembly of this state, concerning servants and slaves, intimate and declare, if the said slaves do not surrender themselves and return home to their master immediately after the publication of these presents, _that any person may kill and destroy said slaves by such means as he or they think fit, without accusation or impeachment of any crime or offence for so doing, or without incurring any penalty or forfeiture thereby._

"Given under our hands and seals, this 12th November, 1836.

"B. COLEMAN, J.P. [Seal.]

"JAS. JONES, J.P. [Seal.]"

On the 28th, of April 1836, in the city of St Louis, Missouri, a black man, named McIntosh who had stabbed an officer, that had arrested him, was seized by the multitude, fastened to a tree _in the midst of the city_, wood piled around him, and in open day and in the presence of an immense throng of citizens, he was burned to death. The Alton (Ill.) Telegraph, in its account of the scene says;

"All was silent as death while the executioners were piling wood around their victim. He said not a word, until feeling that the flames had seized upon him. He then uttered an awful howl, attempting to sing and pray, then hung his head, and suffered in silence, except in the following instance:--After the flames had surrounded their prey, his eyes burnt out of his head, and his mouth seemingly parched to a cinder, some one in the crowd, more compassionate than the rest, proposed to put an end to his misery by shooting him, when it was replied, 'that would be of no use, since he was already out of pain.' 'No, no,' said the wretch, 'I am not, I am suffering as much as ever; shoot me, shoot me.' 'No, no,' said one of the fiends who was standing about the sacrifice they were roasting, 'he shall not be shot. _I would sooner slacken the fire, if that would increase his misery_;' and the man who said this was, as we understand, an OFFICER OF JUSTICE!"

The St. Louis correspondent of a New York paper adds,

"The shrieks and groans of the victim were loud and piercing, and to observe one limb after another drop into the fire was awful indeed. He was about fifteen minutes in dying. I visited the place this morning, and saw his body, or the remains of it, at the place of execution. He was burnt to a crump. His legs and arms were gone, and only a part of his head and body were left."

Lest this demonstration of 'public opinion' should be regarded as a sudden impulse merely, not an index of the settled tone of feeling in that community, it is important to add, that the Hon. Luke E. Lawless, Judge of the Circuit Court of Missouri, at a session of that Court in the city of St. Louis, some months after the burning of this man, decided officially that since the burning of McIntosh was the act, either directly or by countenance of a _majority_ of the citizens, it is 'a case which transcends the jurisdiction,' of the Grand Jury! Thus the state of Missouri has proclaimed to the world, that the wretches who perpetrated that unspeakably diabolical murder, and the thousands that stood by consenting to it, were _her representatives_, and the Bench sanctifies it with the solemnity of a judicial decision.

The 'New Orleans Post,' of June 7, 1836, publishes the following;

"We understand, that a negro man was lately condemned, by the mob, to be BURNED OVER A SLOW FIRE, which was put into execution at Grand Gulf, Mississippi, for murdering a black woman, and her master."

Mr. HENRY BRADLEY, of Pennyan, N.Y., has furnished us with an extract of a letter written by a gentleman in Mississippi to his brother in that village, detailing the particulars of the preceding transaction. The letter is dated Grand Gulf, Miss. August 15, 1836. The extract is as follows: