The Continental Monthly, Vol. 4, No. 5, November, 1863Various
History
The Continental Monthly, Vol. 4, No. 5, November, 1863
Various
Literature, Modern -- 19th century -- Periodicals; United States -- Politics and government -- 19th century -- Periodicals
But _you_ knew it was to be the _same sort of subordination_ that has
always prevailed at the South. What is that? It is a subordination that
is legally determined as follows: 'Slaves shall be deemed, held, taken,
reputed, and adjudged in law to be '_chattels personal_ in the hands of
their owners and possessors, and their executors, administrators, and
assigns, to all intents, constructions, and purposes whatever.' (South
Carolina Laws, 2 Brevard's Digest, 229.) 'A slave is one who is in the
full power of a master to whom he belongs. The master may sell him,
dispose of his person, his industry, and his labor. He can do nothing,
possess nothing, nor acquire anything but what must belong to his
master.' (Louisiana Civil Code, art. 35.) 'The slave is entirely subject
to the will of his master.' (Idem, art. 173.)
This is the legal condition of the slave--the same in all the
slaveholding States. The laws and decisions resting upon this principle
of chattelhood and absolute ownership and dominion are too numerous to
cite. They may be summed up in the words of Judge Crenshaw (1 Stewart's
Ala. Rep., 320): '_the slave has no civil rights_.' It is matter of
settled law, that he can make no contract; cannot form a legal marriage;
cannot constitute a family--husbands and wives, parents and children,
being liable (except in Louisiana) to be sold apart; cannot protect his
wife's or daughter's chastity against the master's will; has no right of
self-defence, but may be lawfully killed for resisting or striking his
master or (in some States) any white man; has no appeal from his master;
can bring no action; cannot testify in courts; has no right to
education, but teaching him to read and write is penally prohibited.
The laws do not pretend to recognize and protect him as a person, except
against murder and excessive cruelty; and these laws are nullified if
the master take care to kill or torture him apart from the presence of
white witnesses; and even if there be legal witnesses, the murderer or
torturer can seldom be brought to punishment. 'A cruel and unreasonable
battery' on a slave by the master or hirer is _not indictable_. This is
Judge Ruffin's decision. (2 Devereux's N.C. Rep., 265). This decision is
celebrated for the language in which it is announced, and the grounds on
which it is rested.
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