Secrets of the Late Rebellion, Now Revealed for the First TimeFreese, Jacob R.
History
Secrets of the Late Rebellion, Now Revealed for the First Time
Freese, Jacob R.
United States -- Politics and government -- 1861-1865
Mr. D. replied that he had no witnesses in the case, neither did
he propose to offer himself nor his wife as a witness; that he
substantially admitted all that had been said by the witnesses for the
prosecution, except as to the severity of the punishment inflicted. In
that, he thought, the witnesses had all exaggerated. In the excitement
attendant upon the punishment of a servant, however, one might strike
harder blows, and more of them, than he intended or knew of at the
moment; but he certainly never had intended to punish either Mary or
Jane to the extent they had described. His defence, he said, was that he
had done nothing more than the laws of Virginia authorized. That, within
maiming and death, the law gave to a master the authority to punish a
slave to any extent he pleased. That ever since Federal troops had
been in the city he had suspected Mary and Jane to be planning means of
escape, and that it was to make them realize his right to them as their
owner and master, and to keep them in wholesome dread of his authority,
that he had forbidden them to go upon the streets, to look out at the
windows, and had occasionally punished them in, as he thought, a very
mild way. Besides, he thought a military court had no right whatever
to interfere with the relations between master and slave, and hoped the
court would think proper to dismiss the case. He spoke in a very
pompous manner, and took his seat as one who had entirely demolished his
adversaries.
For a few moments there was an almost death-like silence in the
court-room. No one spoke. You could almost have heard a pin drop on the
floor. The Judge then ordered Mr. D. to stand up to receive the sentence
of the court. Mr. D. stood up. The Judge then proceeded to say, "Sir:
You are charged with assault and battery upon these two defenceless
females, Mary and Jane. The evidence is clear that you committed such
assault, not once only but several times. Indeed, you yourself admit it.
Your defence is that they are your slaves, and that, according to the
slave code of Virginia, you had the right to punish them to any extent
you pleased within that of maiming or the taking of life. I am not
familiar with the slave code of Virginia, and cannot say of a certainty
that you represent it wrongfully, but I can say that if such authority
exists upon any statute-book of any State, it is a disgrace to
civilization, and the sooner it be expunged the better. But, sir, it
matters not to this court what the laws of Virginia may be upon this or
upon any other subject. This is a United States military court--a court
of necessity, and 'necessity knows no law' is an old maxim--a court
established because all other means of justice had fled from this
city--a court governed by the principles of equity, rather than of
law--a court established to protect the lives, the natural rights, and
the property of every inhabitant of Alexandria, without regard to their
Public-domain text, read in full here on John Shaqi.
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