xt7mcv4bph9r https://exploreuk.uky.edu/dips/xt7mcv4bph9r/data/mets.xml Goodell, William, 1792-1878. 1853  books b92326g6132009 English Clarke, Beeton, and company, : London Contact the Special Collections Research Center for information regarding rights and use of this collection. Slavery --United States --Law and legislation. Slaves --United States --Social conditions. The American slave code in theory and practice: its distinctive features shown by its statutes, judicial decisions, and illustrative facts. text The American slave code in theory and practice: its distinctive features shown by its statutes, judicial decisions, and illustrative facts. 1853 2009 true xt7mcv4bph9r section xt7mcv4bph9r 
  
  
  
  
THE

AMERICAN SLAVE CODE
|u Sljcorg mxb p ractice;
ITS

DISTINCTIVE
SUOffX

FEATURES
P T ITS

STATUTES, JUDICIAL DECISIONS, & ILLUSTRATIVE FACTS.

BY WILLIAM
AUTHOR OP T H E " HISTORT

GOODELL,
O F S L A V E R Y ANT* ANTI-SLAVnitY."

" T ruth is stranger than fiction."   Modern Maxim. " Statutes against fundamental morality are void."   Jttdge M'Lcan, Supreme Court.

U.S.

LONDON:
RLARKE, BEETON, 148, F L E E T

::

: :       

      ;

A N DCO., F O R E I G N STREET.

BOOKSELLERS,"

M7854

  
  
LETTER
FROM T H E

HON.

WILLIAM

J A Y 1 0 T H E AUTHOR.

New York, Jan. 2 5, 1 853.
R E V . A ND D E A R SIR, On r e t u r n i n g t he M S S . of your " A M E R I C A N SLAVE

C ODE, I N T H E O R Y AND P R A C T I C E , " I m ust ask you to ac-

cept m y thanks for /writing it, as well as for favouring m e w i t h i ts early perusal. Surely, never before has mischief

b een f ramed b y l aw w i t h m ore d iabolical ingenuity than i n t his infernal code. Y o u r analysis o f t he slave-laws i s

v ery able, and your exhibition o f t heir jiractical application b y the S outhern Courts e vinces g reat r esearch. I t i s m ore easy t o m ake than t o r efute a c harge o f e xaggeration against a w ork o f f iction like M r s . S towe's; u r b ook i s as i mpregnable against such a c harge as l uclid's G eometry, since, like that, i t consists o f p roa nd c areful

  
iv

L E T T E R TO T H E A U T H O R .

p ositions and demonstrations.

The b ook i s not only true, Y o u show us the rack

b ut i t is unquestionably time.

c onstructed " according to l a w ; " we examine, at our l eisure, t he cruel but s kilful c ontrivance of its machinery; w e see the ministers of the law bind the v i c t i m on the i nstrument o f t o r t u r e ; we see one feature of humanity a fter a nother crushed and obliterated, t i l l a t last an i mmortal m an, made a l ittle l ower than the angels, and f or whose redemption the Son of God shed his blood on t he cross, is converted into a beast of burden   a vendible a nimal, s courged at the w i l l o f its owner, and offered for sale i n the market w i t h horses and oxen. Y o u r b ook w i l l t ake from our N o r t h e r n dough-faces a nd s lave-catchers the flattering unction they are l aying t o their souls that " U n c l e Tom's C a b i n " i s a gross e xaggeration; that, of course, slavery is, after a l l , not so v ery b a d ; and that they, i n doing its biddings, are not as base as they seem to be. Y o u show them that the most

e diicated a nd refined among the slaveholders have, for the p ast century, as legislators, been deliberately enacting the m ost fiendish of laws, i n utter defiance of the moral sense o f m ankind, a rid t he precepts of the blessed gospel of the L o r d J esus; and that their grave and learned judges k a v enfoi'ced these accursed statutes, i n a l l their execrab

  
L E T T E R TO T H E A U T H O R .

v

W^Kr,

t hus giving a s olemn sanction to the atrocities

p ortrayed b y Mi's. Stowe and others without number, s till m ore i mpunity. M a y G od make your b ook a means of awakening t he consciences o f our cotton divines to the deep s in o f upholding, i n the name of the blessed and adorable Redeemer, a system S lavery ! so damnable as A m e r i c a n aggravated by investing them w i t h l egal

These reverend pro-slavery champions of C hris-

tianity r esemble the priests of Juggernaut, recommending t he worship of their god by pointing to the wretches w rithing, a nd s hrieking, a nd expiring under his car. T hat t he blessing of God may rest on your labours for h is g lory and the g ood o f our suffering and oppressed b rethren, i s the fervent prayer of Y o u r f riend and servant,' WILLIAM JAY.
R E V . W I L L I A M GOODHLL.

  
  
Contents.
l'A&E.

I NTRODUCTORY

CHAPTER

.

15

PART THE R E L A T I O N OF M A S T E R

I. . . . 21

AND S L A V E

C H A P T E R I. S LAVE-OWNERSHIP. fundamental Idea of modern Slaveholdinjr, namely, the assumed p rinciple of Human Chattelhood, or Property in Man, constituting the relation of Owner and Property, of Master and Slave ... CHAPTER II.

23

S LAVE TRAFFIC. Sale, Purchase, Barter, Mortgage, Auction, Coffle-gang, Shipments    as absolutely as in the case of any other Property, and by the same Tenure C H A P T E R III. S EIZURE O F S LAVE PROPERTY F OR D EBT. A s Property, Slaves may be seized and sold to pay the Debts of their Owners, while living, or for the Settlement of their Estates after their Decease _ ,. , ,.:
;

-11

03

CHAPTER IV. I X11ERITAKCE O F S LAVE PROPERTY.    Vjtjlaveb, as Property, are transmitted by Inheritance, or by Will, to HeirsPJvl; fct-law or Legatees. In the distribution of Estates they are d istributed like other Property

69

  
V U1

C ONTENTS. CHAPTER Y.

USES O F S LAVE PROPERTY. Slaves, as Property, may be U S E D , absolutely, by their Owners, for their own profit or pleasure CHAPTER VI. S LAVES C AN POSSESS NOTHING. Being Property themselves, they can own no Property, nor make any Contract . . . . . . . . - ..*. . *   ' 'j~ ." . -.89 . CHAPTER VII. S LAVES CANNOT MARRY. Being held as Property, and incapable of making any Contract, they cannot contract Marriage recognised bylaw CHAPTER, VIII. 105 77

S LAVES C ANNOT CONSTITUTE FAMILIES. Being Property   ' Goods and Chattels Personal, to all intents, constructions, and purposes whatsoever"   they have no claim on each other; no security from separation; no Marital Rights ; no Parental Rights; no Family Government; no Family Education; no Family Protection
1

112

CHAPTER IX. U NLIMITED P OWER O F S LAVEHOLDERS. The Fowerof the Master or Owner is virtually unlimited : the submission required of the Slave is unbounded ; the Slave, being Property, can have no protection against the Master, and has-no redress for injuries inflicted by him CHAPTER X.

122

L ABOUP. O F S LAVES. The Slave, being a Chattel, maybe worked at the discretion of his Owner, as other working Chattels arc CHAPTER XI. FOOD, C LOTHING, A ND D WELLINGS OF S LAVES. The Slave, as a Chattel, is fed or famished, covered or uncovered, sheltered or unsheltered, at the discretion or convenience of Ins Owner, like other working animals 128

133

  
CONTEXTS.

LX
l'AU E .

CHAPTER XII. C OERCED L ABOUR WITHOUT WAGES. T h e " l egal relation o f M aster a nd S l a v e , " being t he r elation o f an O wner to a C hattel, i s i ncompatible with t he n atural a nd H e a v e n sanctioned " r elation" o f L abour and W ages CHAPTER XIII. 150

P UNISHMENTS O F S LAVES B Y T H E OWNER A ND H I R E R . B e i n g t he a bsolute P roperty o f the O wner, t he S lave i s w holly i n his p ower, without any effectual restraint CHAPTER XIV. O F L AWS CONCERNING T H E MURDER A ND K ILLING O F S L A V E S . T h e s tructure o f t he L a w s and the condition o f t he Slaves render a dequate P rotection i mpossible CHAPTER XV. O F T H E D E L E G A T E D P OWER O F O VERSEERS, A l l t he p ower o f t he Owner over h is S lave i s h eld and exercised a lso b y O verseers and \ gents CHAPTER XVI. OF T H E P ROTECTION O F S L A V E P ROPERTY F ROM D A M A G E B Y A SSAULTS F ROM O THER PERSONS T H A N T H E I R OWNERS. S laves are better protected as Property t han they a re as Sentient Beinys 201 197 177 155

CHAPTER

XVII. EXTENDED

F ACTS I LLUSTRATING T H E K IND A ND D E G R E E O F P ROTECTION TO S LAVES.

The Extent, the Atrocity, the Frequency, and the impunity of barbarous Outrages upon Slaves show that the Laws afford them little or no Protection CHAPTER F UGITIVES F ROM XVIII. SLAVERY.

209

The Slave, being Property, may be hampered and eontined to prevent his escape; may be pursued and reclaimed; must not be aided or concealed from his Master; and when too wild or refractory to be used by his Owner, may be killed by him with impunity . . . .

220

  
X

C ONTENTS.
VAUR.

CHAPTER

XIX.

T H E S LAVE CANNOT S UE HIS M ASTER. Slave Property cannot litigate with its Owner CHAPTER XX. 239

NO POWER O F S ELF-REDEMPTION OR C HANGE OP M ASTERS. The Slave, being a Chattel, has no power of Self-redemption, nor of an exchange of Owners CHAPTER XXI. 245

T H E R ELATION HEREDITARY A ND P E R P E T U A L . Slaves, being held as Property, like other Domestic Animals, their Offspring are held as Property in the same manner . . . . CHAPTER R IGHT TO E DUCATION   RELIGIOUS XXII. RIGHTS O F C ONSCIENCE. 251 248

LIBERTY

The Slave, being held as a Chattel, is held by a Tenure which excludes any legal recognition of his Rights as a thinking and religious Being CHAPTER XXIII.

O RIGIN O F T H E R ELATION A ND S UBJECTS. The so-called " legal relation" of Slave-Ownership of Negroes originated in that African Slave-trade which our Laws now punish as P iracy; but Slavery is, in general, extended over all classes "whom the Slaveholders have been able to seize upon and retain   over Indians, free persons of Colour, and Whites

I

258

PART R E L A T I O N OP T H E S L A V E GOVERNMENT CHAPTER

II.

TO SOCIETY A N D TO C I V I L 2 87 I. CONDITION. 289

O F T H E GROUND A ND N ATURE O F T H E S LAVE'S CIVIL

The Civil Condition of the Slave grows out of his relation to his Master, as Property, and is determined and defined by it

  
C ONTENTS.
CHAPTER II.

XI

NO ACCESS TO T H E JUDICIARY, AND NO HONEST PROVISION FOR TESTING T H E C LAIMS OF T H E E N S L A V E D TO F R E E D O M . " A S lave cannot be a Party to a C i v i l S u i t . " CHAPTER ( Stroud) III. . . . . 295

R EJECTION OP TESTIMONY OF SLAVES AND F R E E C OLOURED P ERSONS. S lavery is upheld by suppressing- the Testimony of its V i c t i m s CHAPTER IV. . . 300

S UBJECTION TO A L L W H I T E PERSONS. S ubmission is required of the Slave, not only to the w i l l of his Master, b ut to the will of all other White Parsons/ CHAPTER V. 305

P E N A L L AWS AGAINST S LAVES. T h e L a w s arc u n e q u a l ; their A d m i n i s t r a t i o n d e s p o t i c ; their E x e c u t i o n b arbarous. E v e n this is e xceeded b y " L y n c h L a w " CHAPTER VI. ' . . . 301)

E DUCATION P ROHIBITED. T h e Slave, not being- regarded as a Member of Society, nor as a H u m a n B eing, t he Government, instead of providing for his E d u c a t i o n , 319 CHAPTER VII. t akes c are to forbid it, as being inconsistent with the condition of C hattelhood

F R E E S OCIAL WORSHIP AND RELIGIOUS INSTRUCTION PROHIBITED. T h e Government not only allows the Master to forbid the Free Social W o r s h i p and Instruction of his Slaves, n ot relax or a brogate . . CHAPTER L EGISLATIVE, VIII. but it a lso s teps i n w i t h , . 320 d irect Prohibitions of its own, w h i c h even the M a s t e r himself may

J UDICIAL, AND CONSTITUTIONAL OBSTRUCTIONS TO E MANCIPATION.

T h e S tatutes o f the Slave S tates n ot only m ake no provision for a general E m a n c i p a t i o n , b ut they obstruct and prevent Emancipations by the M aster. A n d the Constitutions of s ome o f the S tates f orbid the 338 L egislatures to abolish Slavery

  
xu

C ONTENTS.

PART RELATION

III.

OF T H E S L A V E C O D E TO T H E LIBERTIES 353

OF T H E F R E E

CHAPTER

I.

L IBERTIES OP T H E F REE P EOPLE O F C OLOUR. The free People of Colour, though not in a condition of Chattelhood, are constantly exposed to it, and, at best, enjoy only a portion of their Rights . . . .. . . CHAPTER II.

355

L IBERTIES O F TOE W n i T E PEOPLE O F T H E S LAVEHOLDING STATES. The White People of the Slaveholding States, whether Slaveholders or Non-Slaveholders, are deprived, by the Slave Code, of some of their essential Rights, and cannot be regarded as a people in possession of C ivil,. Religious, and Political Freedom CHAPTER L IBERTIES O F T H E W HITE III. STATES.

372

PEOPLE O F T H E N ON-SLAVEnOLDING

The Rights of the White People of the Non-Slaveholding States are directly and indirectly invaded by the Slave Code of the Slave States; their Liberties, to a great extent, have already fallen a sacrifice, and can never be secure while Slaveholding continues . . . CONCLUDING CHAPTER.

389

Summary Review of the Slave Code; its Character and Effects   Inquiries concerning the Duty of Christians, ChurcheB, and Ministers    The Responsibilities of Citizens, of Society, of C ivil Government, of Legislators, of Magistrates   Scrutiny of the Legality of American Slavery   The Xleaven-prescribed Remedy   The Worthlessness of Temporising Expedients   Closing Appeal

291

  
THE

AMERICAN

SLATE
CHAPTER,

CODE.

PRELIMINARY

OCCASIONS AND USES FOB THIS YOLUME.

T H E p ractical importance of an e xact k nowledge of the S lave Code, and of its legitimate workings, w i l l be m a n i fest f rom the considerations that follow. I t is often maintained that the " legal relation of master a nd slave" is not a criminal one, and that there is no sin o r moral wrong i n the m ere f act of sustaining that relation. O n the other hand, i t is held that the relation is w rong i n itself, and cannot bo innocently sustained. S uch a question cannot, intelligently, be settled without a c orrect u nderstanding of that " legal relation," and of t he particulars i n which i t consists. c an be ascertained. defined. else. It is w orse t han m ere t rifling, i t is evasion
B

A n d i t is only by

t he Slave C ode o f the country that " the legal relation" B y this, and by this only, is i t to be A n d i t is nothing and " The legal relation of master and slave" is

w hat the Slave C ode d eclares i t to be.

  
2

T H E AMERICAN S LAVE C ODE.

s ophistry, to ransack the archives of some o ther ago and n ation for the laws and usages w h i c h then c onstituted s lavery, or which we may now choose t o call s lavery; a nd then, on the i nnocency or assumed (or even the or ascertained) of those divine sanction tolerance

usages, t o argue the innocency of the existing " relation o f master and slave" i n this country. Sincere and h onest i nquirers a re bound to ascertain " t h e legal relation of m aster and slave" as i t now exists i n A m e r i c a , i n virtue o f the code t hat authorises and defines i t . a scertained, to say whether the standard They are b ound to bring " the legal relation," as thus d efined and of the D i v i n e w i l l , a nd or no i t c orresponds w i t h t hat standard.

T he question whether i t is right or wrong to sanction such a " l egal relation" by " sustaining" i t , w i l l t hen be e asily settled. N o man, i n America, can hold a slave by any other t enure, or i n any other " relation," than that which the A merican S lave C ode describes. H e cannot hold a slave u nder the code o f Moses (if i t e ver c ould have been done), n or under the usages o f Abraham's day, for no such c ode or usages n ow exist. I f he relinquishes the hold on his L e t h i m do t his, o r let slave that the American Slave C ode g ives h i m , he manumits h i m at once a nd entirely. t hat code be blotted out, and he cannot forcibly retain a m an i n bondage a s ingle day, without b ecoming a f elon i n t he eye of the law. racter becomes hit. So that i n "sustaining the legal T he m ore u nsullied his reputatio: r elation," h e sustains and sanctions the code, a nd its c ha-

  
PRELIMINARY CHAPTER.

3

m ay be i n other respects, the more effectually does h is e xample of slaveholding sanction the system, and rivet t he chains of the slave. I t m ust be futile and absurd to decry the code, a nd yet a ttempt to justify h i m who holds a slave under it. The code w ould harm no one, i f no one ever made use of it. T he worst that can properly be said of the code i s, that i t enables men who are thus disposed to hold the " relation" d escribed by i t . F o r , the very men for w hose c onsideration we make this remark are forward to t ell us that t he system (in other words, the code) i s not to be held resjoonsible for the mere abuses c ommitted under i t . s ustain t he relation must be responsible for it. W e propose, then, by an exhibition of the A m e r i c a n S lave C ode, to test the moral character of A m e r i c a n slaveholding. T he practice (in the absence o f mera abuses) c annot be better than the code, o r rule of conduct, that g ives i t license and sanction. O n t he other hand, the usages under any code are s eldom or never better than the code i tself. Communities are not forward to proclaim themselves worse than they a re, b y giving public license to e vil p ractices not prevalent a mong them, and w h i c h they do not intend to practise a nd s ustain. " N o people," says a learned writer and p rofound t hinker,** " were ever yet found who were betteithan t heir laws, though many have been known to be w orse."
* D r . Priestley.

It

m ust, t hen, be responsible for the relation, a nd those who

  
4

T H E AMERICAN S L A V E

C ODE.

T he only exceptions to this rule are where bad laws are forced upon a community without their consent ; or where, from their odiousness, or by the progress of c i v i lisation since their enactment, they have become obsolete. I n o ur own country, the people (except t he victims of the S lave Code) enact their own statutes. Code has not become obsolete. T he present contest for the abolition of A m e r i c a n s lavery has encountered a species of opposition which i t has been difficult to meet.
-

A n d i n the pre-

sent investigation it w i l l be made apparent that the Slave

I f existing practices are

a rraigned, we ai e told that these are only abuses of the system, which argue nothing against the innocent " legal r elation." T hus, a l l efforts for the abolition of that innoA t the cent relation are discountenanced and disparaged.

same time, a l l adequate, trustworthy, and t ruthful r epresentations of the cruelties habitually and extensively p ractised u pon slaves are scouted as incredible or e xaggerated. A ttempts are made to offset t hem by the cool r emark, t hat parents are sometimes cruel to their children, mechanics to their ajjprentices, and capitalists to operatives i n t heir employ. To this i t is often added that, on the I n this way the whole, slaves are as well off as other labouring people, and b etter off than they would be i f set free. f rom the slaves. s ympathies of the people o f the N o r t h are w i t h d r a w n A n d whether we arraign " t h e legal Even r elation," or the so-called " abuses," we find our attacks w arded off by the arts of sophistry and evasion. m inisters of religion and ecclesiastical bodies h ave been

  
PRELIMINARY

CHAPTER.

5

p roficients i n these arts, and the friends of liberty themselves have thereby been led, i n some i nstances, to make u nwise and unfortunate concessions. I n t his b ook w e s hall e ndeavour to show what " t h e l egal r elation" is, what the usages of slaveholders generally are, and the n atural a nd necessary a nd c onnexion between them. correspondence I n describing the " legal

r elation," w e s hall use the testimony of slaveholders themselves, i n their own language, set forth i n the most solemn a nd a uthenticated form, the public testimony of their I f such l egislative acts and judicial decisions, made for the very p urpose of denning and enforcing that relation. r ational d iscussion. t estimony cannot be received, there is an end to a l l Our account of the usages and practices current among slaveholders w i l l be found sufficiently a uthenticated by their own testimony, and by other u n impeachable witnesses. M o r e than a l l t his, t he i ntelligent and reflecting reader w i l l be compelled, i f we mistake n ot, to perceive that the connexion between the " legal r elation" a nd the most frightful " abuses " is that of cause a nd effect, or, more properly, of a whole w i t h i ts constituent and essential parts, i nsomuch that the presence of t he one implies and certifies the presence of the other. I n s peaking (as we are compelled by the prevailing use o f language to do) of " the legal relation" of the " laws" of s lavery a nd of slave " owners," we must not be understood t o concede t he " legality" of such a r elation, o r the validity o f such " laws," or the reality of such " ownership," i n t he proper meaning of those terms. The " law of sin and

  
6 death." is not

T H E A MERICAN SLAVE CODE.

obligatory law.

" M i s c h i e f framed by

a l a w " binds men to nothing but the repudiation and c ontempt of it. " I f i t be found," says L o r d L y t t e l t o n , " t hat a former decision is manifestly absurd and unjust, i t i s declared, not t hat such a sentence w as bad l aw, but t hat i t was not l aw." " I t is generally l aid d own that O f the A c t s o f Parliament contrary to reason are void."

c haracter and validity of the Slave Code the reader of this v olume w i l l h ave an opportunity to j udge w hen he s hall h ave carefully examined and considered it.

N . B .     I t is sometimes alleged that the severe laws against tho education and free religious worship of slaves were occasioned by the impertinent interference of abolitionists. But it w ill be found on an examination of their dates that, with few exceptions, they were enacted long before any of the Abolition Societies were formed, and even before the American R evolution. O n the other hand, it is sometimes said that these and other severe enactments arc antiquated and obsolete. It is marvellous to sec with how m uch confidence these self-confuting statements are made by the same persons. The careful reader of the following pages will find ample evidence that both these pleas are without a shadow of foundation.

  
  
  
CHAPTER SLAVE

I.

OWNERSHIP.

F undamental Idea of modern Slaveholding; namely, the assumed P rinciple of Human Chattelhood, or Property in M a n ; constituting the relation of-Owner and Propert}'   of Master and Slave.

S OUTH C A R O L I N A .     " S laves s hall

he

deemed,

sold,

t aken, r eputed and adjudged i n law to be chattels personal, i n the hands of their owners and possessors, and t heir e xecutors, administrators and assigns, to a l l intents, c onstructions a nd purposes whatsoever."
/

(1 B revard's

D igest, 229 ; Prince's Digest, 446,