Publications of the Mississippi Historical Society, Volume 02 (of 14), 1899Mississippi Historical Society
History
Publications of the Mississippi Historical Society, Volume 02 (of 14), 1899
Mississippi Historical Society
Mississippi -- History
the Northern barbarians overran Southern Europe, they had no laws but
those of conquerors and conquered, victors and captives, yet even by
this savage people no distinction was recognized between the killing
in cold blood of a slave or a freeman. And shall this court, in the
nineteenth century establish a principle too sanguinary for the code
even of the Goths and Vandals, and extend to the whole community the
right to murder slaves with impunity?
The motion to arrest the judgment must be overruled."
The defendant was sentenced to hang on July 27th, 1821.
I have endeavored as well as possible in the brief time allotted me,
to refer to the most important features of our early slave laws. It
has not been my purpose to attempt an exhausted research into such
legislation,--the object sought being merely to show, as a matter of
some historical interest, from an impartial mention of the early acts
concerning slavery, that the position of the slave in Mississippi
was not as it has sometimes been depicted; that so far from being a
creature with no legal status, subject to the whims and caprices of his
master,--a mere chattel, over which even the power of life and death
might be exercised at will,--he was surrounded by all the protection
which just laws, humanely administered, could afford,--that the courts
were ever open to him and that he could, and did appeal to them, and
not in vain.
If any unknown or forgotten facts of historical importance to us have
been brought to light, my purpose has been accomplished.
We have only touched upon the legislative enactments concerning
slavery,--and for us, who know that it existed, it is unnecessary to
revert to that higher law which controlled the relations between master
and slave, and compelled such conduct toward the latter as made of him
in countless instances the devoted friend.
Only an affection born of long years of treatment in the main
considerate and kind, could have furnished history with the spectacle
of the espousal by the slave of his master's cause, in a conflict the
end of which meant so much of difference to the two.
The four years of faithful devotion to which the women of the South
bear willing witness could never have been exhibited by an enslaved
people between whom and their masters the relations had been other than
those we know to have existed.
The society which made possible those relations was unique in the
history of civilization,--and in the annals of all the peoples who have
passed through bondage the conduct of the negro slave stands without a
parallel.
FEDERAL COURTS, JUDGES, ATTORNEYS, AND MARSHALS IN MISSISSIPPI,
1798-1898.[96]
BY THOMAS McADORY OWEN.
Public-domain text, read in full here on John Shaqi.
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