The slave trade : $b Slavery and colorJervey, Theodore D. (Theodore Dehon)
History
The slave trade : $b Slavery and color
Jervey, Theodore D. (Theodore Dehon)
African Americans; Slave trade -- United States; Slavery -- United States; United States -- Race relations
No, whatever may eventually be found to be the character of the Black
Codes of the beaten South, they bear upon their faces the imprint of
cool, calm, thoughtful action. Even the most cursory consideration of
them will disclose that they were framed more for the irresponsible
freedman than the freedmen in general; for instance, if the freedman
owned a farm or had a permit, the possession of gun, pistol or sword,
otherwise forbidden, was not denied. On the other hand the inhibition
of the right of sale or barter of domestic produce did not apply to
the Negro generally; but to the servant under contract with a master
engaged in husbandry, and not even then, if the servant had written
evidence from such master, or from a person authorized by him, or from
a District Judge, whose oath specifically required him to do what was
required by law “without prejudice for or against color.”[329] In
addition the servant was given the right to—
“Depart from the master’s service for an insufficient supply of
wholesome food; for an unauthorized battery upon his own person or
one of his family, not committed in defense of the person, family,
guests or agents of the master, nor to prevent a crime or aggravated
misdemeanor.”[330]
The law went further. It gave the servant the right of departure
coupled with the right to recover wages due for service rendered up to
the time of his departure, for any—
“invasion of the conjugal rights of the servant, or his (employer’s)
failure to pay wages when due.”[331]
And not even the death of the master terminated the contract, without
the assent of the servant, for the enforcement of which the servant had
a lien as high as rent. And when wrongfully discharged the servant was
entitled to recover wages for the whole period of service, according to
the contract.[332]
That the master was given the right to administer corporal punishment
to the servant under some conditions cannot be denied; but the
phraseology of the South Carolina Act is:
“The master may moderately correct servants who have made contracts
and are under eighteen years of age”—[333] but it also commanded:
“It shall also be his duty to protect his servant from violence by
others in his presence.”[334]
Yet it specifically provided that:
“Corporal punishment is intended to include only such modes of
punishment, not affecting life or limb, as are used in the army or
navy of the United States, adapted in kind and degree to the nature of
the offense.”[335]
Public-domain text, read in full here on John Shaqi.
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