5. _Slavery authorizes the violation of the most solemn contracts._
Strictly speaking, a slave cannot become a party to a legal contract.
His inability to do so arises out of his relation to society, and the
evil genius which presides at all times over legislation for slaves
is very careful to permit nothing to be enacted, unless from absolute
necessity, that can be construed into an acknowledgment that the slave
is a man and has rights which he is authorized to maintain. Hence a
contract with a slave may be violated with impunity. He may suffer
the most flagrant wrongs, but is barred from courts of justice and can
obtain no relief.
On this point the following authorities are quoted.
"Chancery cannot enforce a contract between a master and his slave
though the slave perform his part." (_Wheeler._) "One principle
prevails in all the States * * and that is that a slave cannot make a
contract, _not even the contract of marriage_." (_ib._)
"In the case of Sawney _vs._ Carter the court refused to enforce a
promise by a master to emancipate his slave where the conditions of the
promise had been partly complied with. The court proceeded upon the
principle that it was not competent to a court in Chancery to enforce a
contract between a master and slave, even though the contract should be
fully complied with on the part of the slave." (_Goodell._)
In numerous instances masters and other white persons have taken
advantage of this unjust and malicious feature of slave law. It is
no uncommon occurrence for a slave to contract with his master for
freedom. He agrees to raise, by extra labor, a specified sum of money
which is to be the price of his liberty. Animated with the hope of
obtaining that precious right for which he has long sighed, he endures
incredible hardships, toils night after night, and, at the end of
many weary years, lays before his master a part or the whole of the
price agreed upon. Now when this is done, the master may, in perfect
accordance with American slave law, pocket the hard-earned money and
sell the slave to the next trader, or keep him until death in his own
service. If the slave repine at this treatment, he may be whipped
into submission. If he run away, he may be pursued with revolvers and
blood-hounds, and we are all required by the Fugitive Slave Law to help
catch him and carry him back to his faithless master. A case occurred
within the present year in Ky., which illustrates this odious feature
of slave law. Here is a brief statement of the facts.
Public-domain text, read in full here on John Shaqi.
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