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
The legislature of South Carolina modified another law at the same
session. Previously, the killing of a slave 'on a sudden heat or
passion, or by undue correction,' was punished by a fine of three
hundred and fifty pounds. In 1821 an act was passed diminishing the
fine to five hundred dollars, but authorizing an imprisonment 'not
exceeding six months.' Just before the American Revolution, the
Legislature of North Carolina passed a law making _imprisonment_ the
penalty for the wilful and malicious murder of a slave. About twenty
years after the revolution, the state found itself becoming 'odious,'
as the spirit of abolition was pervading the nations. The legislature,
perceiving that Christendom would before long rank them with
barbarians if they so cheapened human life, repealed the law, candidly
assigning in the preamble of the new one the reason for repealing the
old--that it was 'DISGRACEFUL' and 'DEGRADING! As this preamble
expressly recognizes the slave as 'a human creature,' and as it is
couched in a phraseology which indicates some sense of justice, we
would gladly give the legislature credit for sincerity, and believe
them really touched with humane movings towards the slave, were it not
for a proviso in the law clearly revealing that the show of humanity
and regard for their rights, indicated by the words, is nothing more
than a hollow pretence--hypocritical flourish to produce an impression
favorable to their justice and magnanimity. After declaring that he
who is 'guilty of wilfully and maliciously killing a slave, shall
suffer the same punishment as if he had killed a freeman;' the act
concludes thus: 'Provided, always, this act shall not extend to the
person killing a slave outlawed by virtue of any act of Assembly of
this state; or to any slave in the act of resistance to his lawful
overseer, or master, or to any slave dying under _moderate
correction_.' Reader, look at this proviso. 1. It gives free license
to all persons to kill _outlawed slaves_. Well, what is an outlawed
slave? A slave who runs away, lurks in swamps, &c., and kills a _hog_
or any other domestic animal to keep himself from starving, is subject
to a proclamation of _outlawry_; (Haywood's Manual, 521,) and then
whoever finds him may shoot him, tear him in pieces with dogs, burn
him to death over a slow fire, or kill him by any other tortures. 2.
The proviso grants full license to a master to kill his slave, if the
slave _resist_ him. The North Carolina Bench has decided that this law
contemplates not only actual resistance to punishment, &c., but also
_offering_ to resist. (Stroud's Sketch, 37.) If, for example, a slave
undergoing the process of branding should resist by pushing aside the
burning stamp; or if wrought up to frenzy by the torture of the lash,
he should catch and hold it fast; or if he break loose from his master
and run, refusing to stop at his command; or if he _refuse_ to be
flogged; or struggle to keep his clothes on while his master is trying
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