which would be desirable in so distinguished a lady. We have not room here for the details of a correspondence, threatened suit, &c., about the Rev. Dr. Parker, who happen&c., with and ed to be brought in by name as a "confirmatory voice" by the lady, and who, not submitting quietly to the charge, forced an investigation and confession, which proved the publication, by Mrs. Stowe, of sundry letters which had in fact never been sent, received, nor even written, by the persons from whom they purported to have come. In short, they were utterly false; and what would, in the usual language of the world (what ever milder term Mrs. Stowe and her coadjutors might make use of), be called forged letters. The lady has, we believe, been more careful since this transaction, and following the safer plan of not naming names, speaks indefinitely of "confirmatory voices," which, like those airy tongues which syllable men's names," are too intangible to be brought in witness against her, or to threaten suit for $40,000. We presume that the reviewer is ignorant of her ability in composing facts, and thus takes without dispute those which he quotes from her letter. words of this true-hearted woman" So "The heartgoes the world! We will not wish for a "collapse of the firm earth" to swallow up our fair foe, but truly we would counsel her, as she is fond of quoting scripture, to study a little the decalogue. Perchance she may there come across an old law which seems to have slipped her memory: "Thou shalt not bear false witness against thy neighbor."

A propos of misstating facts,-the reviewer himself, misled by somebody not more accurate than Mrs. Stowe, falls into some strange blunders. the meaning," (he asks, in the midst of "What is sundry quotations, showing what he supposes the condition of our negroes under "the hideous social malady" under which we labor,) "what is the meaning of that law of South Carolina, declaring death to be the punishment not only of the runaway slave, but of any person who shall choose to aid him in his escape? or of that of Louisiana, declaring it lawful to fire upon any slaves who do not stop when pursued?" &c., &c.

We will quote no further. Wishing to dispose first of these two clauses, we

honestly looked for the authorities to these statements, and find in a note, as reference for the first clause, "Brevard's volume and page. The gentleman must Digest, vol. ii., p. 236.". We turn to book, have been reading with Mrs. Stowe's spectacles; there is nothing in any way resembling the quotation referred to. For the second clause, the reference is (also in a note) "Brevard's Digest of the Laws of Louisiana, Code Noir, vol. i., p. 33." Here, we are quite at a stand"Brevard's Digest of the Laws of Louisiana," being a volume entirely unknown to American lawyers. There is not, and never has been, any such work; Brevard's Digest including only the laws of South Carolina. How are such wantonly false assertions to be met? We are not well enough versed in the laws of Louisiana to say what shadow of foundation the reviewer may find in them for his quotation from his imaginary lawbook.* Those of South Carolina we have at hand, and have carefully examined all of them which relate to slaves. In Brevard's Digest, vol. ii., p. 245, we find, among our colonial laws, passed a. D. 1754, the following:

any negro, or other slave or slaves; or who shall inveigle, steal, or carry away "All, and every person and persons, shall hire, aid, or counsel any person or persons to inveigle, steal, or carry away, as aforesaid, any such slave, so as the owner or employer of such slave or slaves shall be deprived of the use and benefit of such slave or slaves; or that

Louisiana, it is also false. No such privilege is recorded in any of the sections of the code. That

*So far as the reference is to the Code Noir of

code was made in 1724 by Bienville, and, with many
degree liberal and indulgent. Among them are (xi.)
harsh features, has some that are in the highest
shall not be seized and sold separately when
"Masters shall have their Christian slaves buried
in consecrated ground." (xliii.) Husbands and wives
their parents. This article shall apply to voluntary
belonging to the same master; and their children,
under fourteen years, shall not be separated from
sales." (xxxii.) This is the only section that seems
to justify the charge of the reviewer, as it makes
death, but then it must be the third offence-must
be continuous-must have been denounced by pub-
"punishable with
constituted authorities.
lic authority, and the punishment must be by the
British statutes have

the crime of "running away

made the offence of breaking prison and escape a
nocent of the original offence charged. The Code
Noir, however, has not been in force in Louisiana
felony, without clergy, even where the party is in-
since 1806. By the law of 1806, Bullard & Curry,
"should the said slave assault and strike the per-
vol. i. (sec. xxxii.), the runaway slave may be killed

the North British! (xxxv.) "It shall be lawful to fire

son pursuing;" a very different case from that of

gives magistrates the right to fine for improper pro-
upon runaway slaves who may be armed." Xxxix.

False References to the Laws of the Southern States.

267

shall aid any such slave in running away master. In either case, in justice to the or departing from his master's or em- slave, and to secure him, as much as ployer's service, shall be, and he and possible, from such attempts, the tempter they is, and are, hereby declared to be should receive condign punishment. We guilty of felony, and being thereof con- believe the general opinion is against victed or attainted by verdict or confes- us, but, as the friend of the slave, we would sion; or being indicted thereof, shall desire to continue the act in force. It stand mute; or will not directly answer is our duty, as far as possible, to protect to the endictment; or will peremptorily our slave from all such acts of oppreschallenge above the number of the jury, sion, injustice, or interference, as his poshall suffer death as felons, and be ex- sition makes him peculiarly liable to. cluded and debarred of the benefit of Therefore, as the guiding and directing clergy." power, taking upon ourselves the responsibility in so far as we take the direction of his action, we should save him so far as in our power lies from the snares of the tempter. Our reviewer gives sundry quotations (or at least purporting to be such) from the laws of other states, all more or less ferocious, and which, not having a general law-library at hand, it is impossible for us either to confirm or refute; but we certainly have a right to conclude, in a series of assertions, that when the first two are so utterly false as we have proved the above to be, there is little faith to be attached to any of them.

Here is certainly a law stern enough, but not against the slave. Here is punishment for the tempter, but none for the tempted. The punishment for the runaway slave is never, and has never been, death. In the act of actual resistance, he is certainly liable to receive death, as is any fugitive from law while resisting constituted authorities, but there is not, and never has been, any law making the act of evasion a crime. The act just quoted against the person inveigling a slave is an old English law, and a strong disposition has existed on the part of the State of South Carolina to repeal it, as too severe for the offence. The action of the state has in this been only checked by abuse and mischievous interference with her legislation. In our own opinion, however, it is an act which, for the safety and comfort of the slave, should be kept in force. The object of it is to guard him from the attempts of evil-disposed persons, who, either with a view of gain, would abstract the slave and afterwards dispose of him to their own profit, or else maliciously inveigle him from the protection and direction of his

vision for slaves by their masters, and to seize property of the offender for the purpose. Xvi. imposes death upon all persons wilfully killing a slave, and heavy fine for unusual and immoderate punishment of slaves. In the consolidated statutes of Louisiana, 1852, art. Slaves, we see (p. 523) that disabled, or old slaves, shall be provided for by their masters.

"It shall be the duty of masters to procure sick slaves all spiritual and temporal assistance." Old slaves shall not be sold from their children. Children under ten shall not be separated from their parents, etc., etc. (p. 543.) Evidence of slaves may be received on the trial of slaves. In the Louisiana Gazette, as

far back as 1806, now before us, there is an advertisement of a slave to be sold by public authority, in

consequence of her being ill-treated and not properly provided for by her present master. But the whole spirit of the slave system of Louisiana is

mild and equitable.-EDITOR.

SHERIFF'S SALE-Will be sold at the Principal, on Thursday. 5th September, 1805, a negro wench, named Mary, belonging to Mr. De Lavine, in consequence of the maltreatment of her master. By order of the Judge of the County Court of Orleans. GEO. T. ROSS, Sheriff.

August 13th, 1805.

The sweeping assertion so constantly made that our laws are, in their general bearing, cruel or neglectful of the slave is entirely unfounded. The truth is, that our laws are most carefully protective of the slave. Our reviewer quotes from a nameless correspondent, "a Barbadian by birth, who has himself owned slaves," to the following effect:

"The picture of American slavery, in Uncle Tom, is not the less faithful, because a stranger, visiting the country sees so little of it; and because the gen eral conduct of slave-owners may be humane. The worst cases no one sees. Slavery was mitigated in our West Indian colonies by the small size of the islands and the check of public opinion, But in the which reaches every corner. remote districts of America, and even of Jamaica, what may and must have taken place when every master was a law to himself?"

This reasoning is funny enough. What is the amount of it? When a man gets out of the reach of legal authority, in remote districts, where neither law nor public opinion can reach him, it is possible for him to commit crimes, for which, were he within the grasp of the law, he would be punished. Therefore the laws are bad. The worst cases no one sees! (how the gentleman finds out their ex

istence it is hard to determine, but let lated against them by the Edinburgh

us see his corollary,) therefore the system Review, Mr. Clarkson, Mr. Copper, &c., is heinous which does not punish them. examined and refuted by James McThe general conduct of slave-owners is, it Queen," and published in London, A. D. is acknowledged, humane-but, as it is 1824? If ever corrupt witnesses and possible that there may be some very bitter, prejudiced falsehood, were held wicked individuals in some very remote up to shame and obloquy, here we have districts, where "the master is a law to damning proof against the so-called rehimself," therefore the laws which endea- formers, who, to satisfy a malevolent vor to take such master under their cog- spite, or to gratify a sentimental whim, nizance are heinous and infamous. The rushed headlong to the ruin of an innofacts in the gentleman's letter are en- cent and prosperous people. We think tirely laudatory of our system. For the it is Sterne who has beautifully remarked imaginary horrors, not we, but himself, that "when it is once determined that a must be answerable. Those crimes that lamb shall be offered up, there may be no one sees, enjoy, unfortunately, all the sticks enough found under any hedge to world over, impunity from punishment. complete the sacrifice." Jamaica was Would the reviewer and his Barbadian doomed (delenda est Carthago), and the friend invent a remedy for this evil, they scarce vital wrecks of her once triumwould certainly immortalize themselves. phant prosperity now alone remain to Let us imagine such a style of reasoning show what fanatics can accomplish. But, applied to any system but our own, and says the reviewer, we cite legal docu where is the egregious fool to receive it? ments. Ah! that is distressing, and we Nothing goes farther to prove the igno- must give way before such authority, rant vehemence of our accusers than however the darkest perjury may have such blind argument. The reviewer been concerned in the concocting of then goes on to cite from "the disgust- them. We are then condemned in the ing details of facts taken from legal do- case of our brethren of Jamaica. Legal cuments;" "information sworn before documents cannot be disputed. the House of Commons, on occasion of the inquiry into the state of the West Indian Colonies." We might easily plead here that West Indian slavery is not our slavery, and that the laws of England, not ours, were answerable for the atrocities there described. But we will be more just to human nature. These facts are generally as false as those imputed to the working of the system with us. The statements there adduced bear upon their face the impress of irrationality-many of them are physically impossible, and, for the rest, it is morally impossible that any people should so combine the traits of civilization and brutal barbarism. One or the other must necessarily be put down. A people is civilized or barba

rous.

In the transition state of semi-civilization they may be neither entirely, but to be both is impossible. A nation must either rise to the one or sink to the other condition. We do not deny that a nation of men may be morally brutes; but we do deny that a nation of civilized and enlightened Christian men-fellowcitizens of Englishmen of the nineteenth century, can be so. Further has our reviewer ever seen or heard of a work entitled "The West Indian Colonies; the calumnies and misrepresentations circu

"But," says somebody, "one of the maxims which the devil in a late visit upon earth left to his disciples is, when once you have got up, kick the stool from under you." Our reviewer evidently thinks himself safely mounted now, and, Lord! what a hurry he is in to kick away the stool of legal documents! Some half-dozen pages or so after his remarks upon Jamaica documents, having got his readers into a fine swing of sentimental horrors, he thinks apparently it is high time to follow the advice of the Rev. gentleman from the lower regions, and with a quick glance roundnot, we presume, without a furtive wink at the knowing ones-he gives a most vigorous kick at the said stool, just as an unfortunate wight on the opposite side of the argument was triumphantly climbing thereon.

"An American writer," he exclaims indignantly, "An American writer of a book, entitled England's Glory and her Shame, gives the result of his observations during a tour in the manufacturing districts of England, and draws a most appalling picture of the misery and degradation of the manufacturers, to the great consolation, no doubt, of the American slave-owners, who are thus left satisfied

Misery and Degradation of British Workmen-Slave Laws. 269

Our reviewers and commentators generally lay a constant stress upon the "uncontrolled power" which they suppose the slave-owner to possess. We would fain convince them that in truth no such power exists. This bugbear is the offspring of their own distempered imagination.

that if slavery is a bad thing, there is no society, little heeding what poisonous alternative but something worse. Now, skum and froth may thus be floated to we happen to have ascertained, through the surface; and lauds himself at last, the medium of a gentleman, who per- like a Robespierre, or his petty imitators sonally knew the author, that he set foot in revolutionizing, a Buxton, a Clarkson, in Europe, but concocted his work partly or a Stevens, even in the chaotic ruin from blue-books, and, perhaps, partly which his madness has effected. France from imagination. It must however be rose from her ashes to run a new course added, in fairness to the author, that he of greatness and of madness. For Jawas probably not aware of the amount maica, alas! there seems no phoenix of misrepresentation some of these blue- life." books contain. They are the reports of the evidence taken before the committee on the ten-hours' bill; a work which too much resembled a supposed botanical examination of a certain farm and garden, resulting in a collection of a few nettles out of one field, and four or five thistles out of another, and a handful of groundsel from the garden, representing these as the produce of the estate." So much for legal documents. Excellent they are against the slave-holder, but o' the other side-bah! kick the stool over, and lo! your antagonist is sprawling on his back. And so Jamaica witnesses were right, and tenhours' bill witnesses were wrong. Docu- "By the Act of 1821, the murder of a ments here-documents there. White, slave is declared to be a felony, withthey are; presto, black. True, they out the benefit of clergy." (Ib. ib. secare; presto, false. Pretty jugglery! and worthy of all admiration!

"Although slaves, by the Act of 1740, are declared to be chattels personal, yet they are also, in our law, considered as persons with many rights and liabilities, civil and criminal." (Vide Negro Law of South Carolina, collected and digested by J. B. O'Neall, chapter 2d, section 11th.)

tion 15.)

"To constitute the murder of a slave, no other ingredients are necessary than such as enter into the offence of murder at common law. So the killing on sudden heat and passion is the same as manslaughter." (Ib. ib. section 16.)

"An attempt to kill and murder a slave by shooting at him, held to be a misdemeanor (State vs. Mann), and indictable as assault with intent to kill and murder." (Ib. ib. section 17.)

"The unlawful whipping or beating of any slave, without sufficient provocation, by word, or act, is a misdemeanor, and subjects the offender, on conviction, to imprisonment not exceeding 6 months, and a fine not exceeding $500. (Ib. ib. section 18.)

Too truly has Mr. McQueen remarked in his work upon Jamaica, of which we but now made mention, that "the French Revolution, which, with its infamous principles, convulsed the world, boasted to have been built upon the very foundations on which Mr. Clarkson grounds his charge against the West India Colonies, namely, Nature and Reason! Nature and Reason are truly high authorities, but too often, like the cheating oracles of old, do they render a doubtful response, the erroneous interpretation of which becomes a snare to the feet, and a pit of destruction to the hasty interpreter of destiny. Long and . laborious is the task of him who would read the truth. Like the worshipper at the cave of Trophonius, a life-long sadness, a wearing out of soul and body, in the eager pursuit of the great reality, is the price to be paid for its acquisition. The enthusiast seldom reaches it. Blindly zealous, ignorantly active, in proportion as he has the least certain "It is the settled law of this state,foundation for his opinions, he defends that an owner cannot abandon a slave them with impulsive fervor; stirs, in needing either medical treatment, care, fanatic haste, the bubbling cauldron of food, or raiment. If he does, he will be

"The Act of 1740, requires the owners of slaves to provide them with sufficient clothing, covering, and food; and if they should fail to do so, the owners, respectively, are declared to be liable to be informed against, subjected to fine, &c. (Ib. ib. section 25.)

liable to any one who may furnish the same. (Ib. ib. section 27.)

can be inflicted on a man in this life worse than slavery in the fact that the punishment affixed to crimes committed by the slaves is always death. Cases of arson, theft, and burglary, which would be comparatively lightly dealt with, if committed by white men, are all death to the slave." And then comes a flourish from the "Cincinnati Herald," ending with a marvelously ferocious, "He can be killed. Let him be killed."

By act of 1740, slaves are protected from labor on the Sabbath-day. The violation of the law in this respect subjects the offender to a fine of £5 current money, equal in value to $3.70 for every slave so worked." (Ib. ib. section 28.)* Surely these should suffice to show that the owner's power is not "uncontrolled." However he may evade the law when he hides himself in the "re- "We should very much like to know," mote districts" of which the Barbadian as the old song saith, whether our reex-planter discourses, he is kept in check viewer means to claim exemption from so long as the arm of the law is long all response and dispute, for himself as enough to reach him. We presume that well as for Mrs. Stowe, on the plea of the every country has some point within its unattackableness of works of fiction. Is limits, where law penetrates with diffi- his article, too, a so-called work of fiction? culty England, too, has her moors and Verily, whether or not he claim for it her high-roads; aye, and-perhaps worse the merit, we must give our mite of apthan either-the purblind alleys of her probation to the inventive genius theregreat cities, where crime boldly treads, in displayed. Truly, it is full of "most or cunningly hides herself. But surely not therefore shall we say, because her laws are sometimes inefficient, that all are iniquitous. Our reviewer triumphantly remarks that the opponents of Mrs. Stowe, in not denying the possibility, virtually admit the truth of her statements. Upon the same principle of argument, what fearful pictures might as possibilities be deduced from the institutions of every existing state of society! What law, what bond,-what tie, might not be abolished if possible abuse were sufficient to condemn it? Ruler and subject, servant and master,-parent and child,-husband and wife cast all to the winds! These may be, nay, more, these are all abused,-daily abused, brutally abused. "Nature and Reason!" cries the old school of godimprovers. "Higher-law!" responds the new. On! on! what next? Where shall we destroy? Say ye, "what next?" Ask ye "where?" Nay, 'tis a foolish prejudice to doubt. Sweep every thing! everywhere! The Goth and the Vandal of old found something to spare, --something to respect. Not so our innovators. Excelsior! Communism and Fraternity!-Barbarism and Brutality! God of Heaven! pity this world which

Thou hast made!

The reviewer says "there is a plain admission on the part of the Slave State Legislatures that there is nothing that

* But for the complete slave laws of South Caro

lina and other Southern States, see De Bow's Indus

trial Resources, Art. "Slavery."

quaint and admirable inventions." For fear, however, that some simple blockheads should really imagine that our talented brother of the quill meant these witty sallies to be taken as literal truth, we will, for the benefit of such dunderpates, answer his statements seriously. The reviewer will find, by a glance at the statutes of England, that arson and burglary are both in his own happy land punishable with death. In most of our states, we believe, and certainly in South Carolina, from which we write,

the old English law is for these crimes retained in force, alike for white and black. For theft, we have abolished the more severe punishment still retained by English law, (which frequently, as the learned reviewer no doubt knows, pronounces death as the penalty for the purloining of a few shillings' worth of property,) and have substituted, according to the offence, lighter punishment, alike for white and black. For both, the legal penalty is the same. One difference, however, we must acknowledge. While the law is the same for both, there is, it must be confessed, great inequality in the administering of it. Justice is no longer even-handed. One side may often escape the law, which rigorously pursues the other. But which is it? We fear our transatlantic friends will hardly credit us, when we answer: The negro. And yet the thing explains itself easily enough! The white man, encroaching upon the rights of society, becomes a public nuisance, which it is