A Review of Uncle Tom's Cabin; or, An Essay on SlaveryWoodward, A.
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A Review of Uncle Tom's Cabin; or, An Essay on Slavery
Woodward, A.
Slavery -- United States; Stowe, Harriet Beecher, 1811-1896. Uncle Tom's cabin; Uncle Tom (Fictitious character)
Much has been said, and much has been written about the harsh and
cruel treatment of Southern slaves; but there is a vast deal of error
and misconception among those unacquainted with the facts, and too
much misrepresentation among those, who are, or ought to be better
informed. The Southern slave is not amenable to the civil laws for his
conduct, except in a qualified sense, and under certain circumstances.
He is accountable to his master, and his master is amenable to the
civil laws. If suit is instituted for damages, in consequence of
depredations committed by a slave, it is brought against the master,
and not against the slave. Hence, when a slave is guilty of a
misdemeanor, the authority to punish is vested in the master, and not
in the legal authorities. I do not pretend to say, that this is the
exact letter of the law, but this I know, by common consent, is the
practice in the South. The right to punish being vested in the master,
he inflicts the punishment in his own way, and to some extent, at his
own discretion. The master is judge, juror, and executioner. Whipping
is the ordinary punishment inflicted on slaves for crime. Whether it
is the punishment most likely to deter them from the commission of it,
I know not; but I think it is probable, that under the circumstances,
they can find no punishment better adapted to the proposed object. Be
it as it may; custom has decided that it shall be the punishment of
the slave. Theft is the most common crime among slaves, and for this
they are whipped by their masters, and no further notice is taken of
the crime. A slave is simply whipped for an offense, which would
imprison a white man for several months, and then confine him in the
State penitentiary for several years. The master may, if he chooses,
surrender the offending slave to the legal authorities; but supposing
that he does, the punishment is the same; he is simply whipped and
sent back to his master. The crime may be theft, destruction of
property, assault and battery; it matters but little what, if we
except murder, rape and arson, the punishment is whipping; whether
inflicted by the master or the legal authorities. Thus, we see, that
the punishment of slaves is much more lenient, than the punishment of
free white men for similar crimes. Hence, slaves escape punishment
under circumstances, and for crimes, for which white men would be
severely punished. Slaves are viewed, for certain reasons, to some
extent, as irresponsible beings. "Oh! he is a poor negro, and knows no
better," is an expression common in the South. The crimes of free
negroes in the slave States, unless they are of the most flagrant
kind, are seldom punished. I have known repeated instances, where
stolen goods were found in their possession, and they were suffered to
escape unpunished; no one appearing willing to enforce the law against
them. On the contrary, their crimes were winked at and tolerated, for
Public-domain text, read in full here on John Shaqi.
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