the point of death, was not indictable? Not being read in English law, the writer cannot say; but there is strong impression from within that such a decision as this would have shaken the whole island of Great Britain; and that such a case as Souther v. The Commonwealth would never have been forgotten under the sun. Yet it is probable that very few persons in the United States ever heard of the case, or ever would have heard of it, had it not been quoted by the New York Courier and Enquirer as an overwhelming example of legal humanity.
The horror of the whole matter is, that more than one such case should ever need to happen in a country, in order to make the whole community feel, as one man, that such power ought not to be left in the hands of a master. How many such cases do people wish to have happen?—how many must happen, before they will learn that utter despotic power is not to be trusted in any hands? If one white man's son or brother had been treated in this way, under the law of apprenticeship, the whole country would have trembled, from Louisiana to Maine, till that law had been altered. They forget that the black man has also a father. It is "He that sitteth upon the circle of the heavens, who bringeth the princes to nothing, and maketh the judges of the earth as vanity." He hath said that "When he maketh inquisition for blood, he forgetteth not the cry of the humble." That blood which has fallen so despised to the earth,—that blood which lawyers have quibbled over, in the quiet of legal nonchalance, discussing in great ease whether it fell by murder in the first or second degree,—HE will one day reckon for as the blood of his own child. He "is not slack concerning his promises, as some men count slackness, but is long-suffering to usward;" but the day of vengeance is surely coming, and the year of his redeemed is in his heart.
Another court will sit upon these trials, when the Son of Man shall come in his glory. It will be not alone Souther, and such as he, that will be arraigned there; but all those in this nation, north and south, who have abetted the system, and made the laws which made Souther what he was. In that court negro testimony will be received, if never before; and the judges and the counsellors, and the chief men, and the mighty men, marshalled to that awful bar, will say to the mountains and the rocks. "Fall on us and hide us from the face of Him that sitteth on the throne, and from the wrath of the Lamb."
The wrath of the Lamb! Think of it! Think that Jesus Christ has been present, a witness,—a silent witness through every such scene of torture and anguish,—a silent witness in every such court, calmly hearing the evidence given in, the lawyers pleading, the bills filed, and cases appealed! And think what a heart Jesus Christ has, and with what age-long patience he has suffered! What awful depths are there in that word, long-suffering! and what must be that wrath, when, after ages of endurance, this dread accumulation of wrong and anguish comes up at last to judgment!
CHAPTER XI.
A COMPARISON OF THE ROMAN LAW Of SLAVERY WITH THE AMERICAN.
The writer has expressed the opinion that the American law of slavery, taken throughout, is a more severe one than that of any other civilized nation, ancient or modern, if we except, perhaps, that of the Spartans. She has not at hand the means of comparing French and Spanish slave-codes; but, as it is a common remark that Roman slavery was much more severe than any that has ever existed in America, it will be well to compare the Roman with the American law. We therefore present a description of the Roman slave-law, as quoted by William Jay, Esq., from Blair's "Inquiry into the State of Slavery among the Romans," giving such references to American authorities as will enable the reader to make his own comparison, and to draw his own inferences.
I. The slave had no protection against the avarice, rage, or lust of the master, whose authority was founded in absolute property; and the bondman was viewed less as a human being subject to arbitrary dominion, than as an inferior animal, dependent wholly on the will of his owner.
See law of South Carolina, in Stroud's "Sketch of the Laws of Slavery," p. 23.
2 Brev. Dig. 229. Prince's
Dig. 446. Cobb's Dig. 971.
Lou. Civil Code, art. 35.
Stroud's Sketch, p. 23.
Slaves shall be deemed, sold, 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.
A slave is one who is in the power of a master to whom he
belongs