The Anti-Slavery Examiner, Part 3 of 4American Anti-Slavery Society
History
The Anti-Slavery Examiner, Part 3 of 4
American Anti-Slavery Society
Antislavery movements -- United States -- Periodicals; Slavery -- United States -- Periodicals
A few specimens of the laws and the judicial decisions on them, will
show what is the state of 'public opinion' among slaveholders towards
their slaves. Let the following suffice.--'Any person may lawfully
kill a slave, who has been outlawed for running away and lurking in
swamps, &c.'--Law of North Carolina; Judge Stroud's Sketch of the
Slave Laws, 103; Haywood's Manual, 524. 'A slave _endeavoring_ to
entice another slave to runaway, if provisions, &c. be prepared for
the purpose of aiding in such running away, shall be punished with
DEATH. And a slave who shall aid the slave so endeavoring to entice
another slave to run away, shall also suffer DEATH.'--Law of South
Carolina; Stroud's Sketch of Slave Laws, 103-4; 2 Brevard's Digest,
233, 244. Another law of South Carolina provides that if a slave
shall, when absent from the plantation, refuse to be examined by '_any
white_ person,' (no matter how crazy or drunk,) 'such white person may
seize and chastise him; and if the slave shall _strike_ such white
person, such slave may be lawfully killed.'--2 Brevard's Digest, 231.
The following is a law of Georgia.--'If any slave shall presume to
strike any white person, such slave shall, upon trial and conviction
before the justice or justices, suffer such punishment for the first
offence as they shall think fit, not extending to life or limb; and
for the second offence, DEATH.'--Prince's Digest, 450. The same law
exists in South Carolina, with this difference, that death is made the
punishment for the _third_ offence. In both states, the law contains
this remarkable proviso: 'Provided always, that such striking be not
done by the command and in the defence of the person or property of
the owner, or other person having the government of such slave, in
which case the slave shall be wholly excused!' According to this law,
if a slave, by the direction of his OVERSEER, strike a white man who
is beating said overseer's _dog_, 'the slave shall be wholly excused;'
but if the white man has rushed upon the slave himself, instead of the
_dog_, and is furiously beating him, if the slave strike back but a
single blow, the legal penalty is 'ANY _punishment_ not extending to
life or limb;' and if the tortured slave has a second onset made upon
him, and, after suffering all but death, again strike back in
self-defence, the law KILLS him for it. So, if a female slave, in
obedience to her mistress, and in defence of 'her property,' strike a
white man who is kicking her mistress' pet kitten, she 'shall be
wholly excused,' saith the considerate law: but if the unprotected
girl, when beaten and kicked _herself_, raise her hand against her
brutal assailant, the law condemns her to 'any punishment, not
extending to life or limb; and if a wretch assail her again, and
attempt to violate her chastity, and the trembling girl, in her
anguish and terror, instinctively raise her hand against him in
self-defence, she shall, saith the law, 'suffer DEATH.'
Public-domain text, read in full here on John Shaqi.
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