The Atlantic Monthly, Volume 07, No. 44, June, 1861: A Magazine of Literature, Art, and PoliticsVarious
General
The Atlantic Monthly, Volume 07, No. 44, June, 1861: A Magazine of Literature, Art, and Politics
Various
American periodicals
It is singular to observe how entirely these rules seem to concede that
a slave's life has no sort of value to himself, but only to his master.
His master, not he himself, must choose whether it be worth while to
employ counsel. His master, not his mother or his wife, must be present
at the trial. So far is this carried, that the provision to exclude
"persons who had no particular interest in the slaves accused" seems to
have excluded every acknowledged relative they had in the world, and
admitted only those who had invested in them so many dollars. And yet
the very first section of that part of the statute under which they were
tried lays down an explicit recognition of their humanity. "And whereas
natural justice forbids that any _person_, of what condition soever,
should be condemned unheard." So thoroughly, in the whole report, are
the ideas of person and chattel intermingled, that, when Governor
Bennett petitions for mitigation of sentence in the case of his slave
Batteau, and closes, "I ask this, gentlemen, as an individual incurring
a severe and distressing loss," it is really impossible to decide
whether the predominant emotion be affectional or financial.
It is a matter of painful necessity to acknowledge that the proceedings
of all slave-tribunals justify the honest admission of Governor Adams of
South Carolina, in his legislative message of 1855:--"The administration
of our laws, in relation to our colored population, by our courts of
magistrates and freeholders, as these courts are at present constituted,
calls loudly for reform. Their decisions are rarely in conformity
with justice or humanity." This trial, as reported by the justices
themselves, seems to have been no worse than the average,--perhaps
better. In all, thirty-five were sentenced to death, thirty-four to
transportation, twenty-seven acquitted by the Court, and twenty-five
discharged without trial, by the Committee of Vigilance, making in all
one hundred and twenty-one.
The sentences pronounced by Judge Kennedy upon the leading rebels, while
paying a high tribute to their previous character, of course bring all
law and all Scripture to prove the magnitude of their crime. "It is a
melancholy fact," he says, "that those servants in whom we reposed the
most unlimited confidence have been the principal actors in this wicked
scheme." Then he rises into earnest appeals. "Are you incapable of the
heavenly influence of that gospel all whose paths are peace? It was to
reconcile us to our destiny on earth, and to enable us to discharge
with fidelity all our duties, whether as master or servant, that those
inspired precepts were imparted by Heaven to fallen man." And so on.
Public-domain text, read in full here on John Shaqi.
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