An Appeal in Favor of that Class of Americans Called AfricansChild, Lydia Maria
History
An Appeal in Favor of that Class of Americans Called Africans
Child, Lydia Maria
Antislavery movements -- United States; Slavery -- United States
The laws of Tennessee and Missouri are comparatively mild; yet in
Missouri it is _death_ to prepare or administer medicine without the
master's consent, unless it can be _proved_ that there was no evil
intention. The law in Virginia is similar; it requires proof that there
was no evil intention, and that the medicine produced no bad
consequences.
To estimate fully the cruel injustice of these laws, it must be
remembered that the poor slave is without religious instruction, unable
to read, too ignorant to comprehend legislation, and holding so little
communication with any person better informed than himself, that the
chance is, he does not even know the _existence_ of half the laws by
which he suffers. This is worthy of Nero, who caused his edicts to be
placed so high that they could not be read, and then beheaded his
subjects for disobeying them.
PROP. 14.--_The laws operate oppressively on free colored people._
Free people of color, like the slaves, are excluded by law from all
means of obtaining the common elements of education.
The free colored man may at any time be taken up on suspicion, and be
condemned and imprisoned as a runaway slave, unless he can _prove_ the
contrary; and be it remembered, none but _white_ evidence, or written
documents, avail him. The common law supposes a man to be innocent until
he is proved guilty; but slave law turns this upside down. Every colored
man is _presumed_ to be a slave till it can be proved otherwise; this
rule prevails in all the slave States, except North Carolina, where it
is confined to negroes. Stephens supposes this harsh doctrine to be
peculiar to the British Colonial Code; but in this he is again
mistaken--the American _republics_ share the honor with England.
A law passed in December, 1822, in South Carolina, provides that any
free colored persons coming into port on board of any vessel shall be
seized and imprisoned during the stay of the vessel; and when she is
ready to depart, the captain shall take such free negroes and pay the
expenses of their arrest and imprisonment; and in case of refusing so to
do, he shall be indicted and fined not less than one thousand dollars,
and imprisoned not less than two months; and such free negroes shall
be sold for slaves. The Circuit Court of the United States, adjudged
the law unconstitutional and void. Yet nearly _two years_ after this
decision, four colored English seamen were taken out of the brig
Marmion. England made a formal complaint to our government. Mr. Wirt,
the Attorney-General, gave the opinion that the law was unconstitutional.
This, as well as the above-mentioned decision, excited strong indignation
in South Carolina. Notwithstanding the decision, the law still remains
in force, and other States have followed the example of South Carolina,
though with a more cautious observance of appearances.
Public-domain text, read in full here on John Shaqi.
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