Slavery -- United States; United States -- Politics and government -- 1849-1853
Now, here, gentlemen, are four distinct legal provisions, all designed
to protect slave property. By these provisions, four distinct legal
offences are created. The law, by creating and defining these offences,
has authoritatively declared that one of them is not either of the
others of them. “Stealing” is one thing. “Counselling, hiring,” &c., a
man to steal, is not stealing itself. “Enticing and persuading” a slave
to run away from his master is not stealing. “Transporting” a slave out
of the jurisdiction is not stealing. The inquiry for you, therefore, is
whether the prisoner is guilty of any of these offences, and if of any,
then, of which.
Now, gentlemen, let me take advantage of a map which is lying
here accidentally before me, to illustrate this case. Four
states,--Pennsylvania, Maryland, Virginia, and North Carolina, are
here represented. The boundaries between them are distinctly marked.
Pennsylvania is not Maryland, nor either of the others. Maryland is
not Virginia, nor either of the others; and so of the rest. Just
so it is with the offences created by these statutes. Any one of
them is not either of the others. It is as plain that the offence
of “transporting” a slave out of the jurisdiction is as different
from the offence of stealing a slave, as this geographical shape of
Maryland is different from this geographical shape of Pennsylvania.
As, therefore, if the geographical metes and bounds of the State of
Maryland were shown to you, you could not say, upon your oaths, that it
was a description of the State of Pennsylvania; so, if the offence of
“transporting” be proved to you, you cannot say, on your oaths, that it
is the offence of stealing.
Or take an illustration from other things. The object of a sun-dial,
a watch, a clock, and a chronometer is the same. All are made for the
measurement of time, as all these laws were made for the protection of
slave property. But could you, therefore, on your oaths, convict a man
of stealing a chronometer, when he had only taken a clock or a watch?
No, you could find him guilty only of the thing proved to have been
done.
Or, again, suppose a law should be made to protect a man’s property in
his books; and the stealing of books, generally, should be punishable
by five years’ confinement in the penitentiary. Such a general law
would include all books. Suppose a subsequent law should inflict a
lighter penalty for stealing an octavo volume, and a still lighter one
for a duodecimo. Then it would be necessary, in an indictment, to set
out the kind of book stolen, and no man could be lawfully punished for
the weightier offence who had only committed the lighter. So here,
the first law punished “stealing,” the next “enticing,” and the next
“transporting.”
Public-domain text, read in full here on John Shaqi.
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