Dinsmore Documentation  presents  Classics on American Slavery

Author:Goodell, William.
Title:The American Slave Code in Theory and Practice: Its Distinctive Features Shown by Its Statutes, Judicial Decisions, and Illustrative Facts.
Citation:New York: American and Foreign Anti-Slavery Society, 1853.
Subdivision:Front Matter
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i

THE

AMERICAN SLAVE CODE

IN THEORY AND PRACTICE:

ITS

DISTINCTIVE FEATURES

SHOWN BY

ITS STATUTES, JUDICIAL DECISIONS,

AND

ILLUSTRATIVE FACTS.

“Truth is stranger than fiction.”—(Modern Maxim.)

“Statutes against Fundamental Morality are void.”—(Judge M’Lean, U. S. Supreme Court.)

BY

WILLIAM GOODELL;

Author of the “Democracy of Christianity,” and “History of Slavery and Anti-SIavery.”

NEW-YORK:

AMERICAN AND FOREIGN ANTI-SLAVERY SOCIETY,

48 BEEKMAN STREET.

1853.


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Entered according to Act of Congress, in the year 1853, by

WILLIAM GOODELL,

In the Clerk's Office of the District Court of the United States for the
Southern District of New-York.


JOHN A. GRAY,

Printer,

95 & 97 Cliff, cor. Frankfort Street.

 


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CONTENTS.

PAGE
PRELIMINARY CHAPTER 5

THE RELATION OF MASTER AND SLAVE,

21

CHAPTER I.

SLAVE OWNERSHIP.

Fundamental idea of modern Slaveholding, namely, the assumed principle of Human Chattelhood, or Property in Man, constituting the relation of Owner and Property, of Master and Slave

23

CHAPTER II.

SLAVE TRAFFIC.

Sale—Purchase—Barter—Mortgage—Auction—Coffle-gang—Shipments—as absolutely as in the case of any other Property, and by the same tenure

44

CHAPTER III.

SEIZURE OF SLAVE PROPERTY FOR DEBT.

As 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,

63

CHAPTER IV.

INHERITANCE OF SLAVE PROPERTY.

Slaves, as Property, are transmitted by Inheritance, or by Will, to heirs at law or legatees. In the distribution of Estates they are distributed like other Property,

9


iv

CHAPTER V.

USES OF SLAVE PROPERTY.

Slaves, as Property, may be USED, absolutely, by their Owners, for their own profit or pleasure,

77

CHAPTER VI.

SLAVES CAN POSSESS NOTHING.

Being Property themselves, they can own no property, nor make any contract,

89

CHAPTER VII.

SLAVES CANNOT MARRY.

Being held as Property, and incapable of making any Contract, they cannot contract Marriage recognized by law,

105

CHAPTER VIII.

SLAVES CANNOT 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,

113

CHAPTER IX.

UNLIMITED POWER OF SLAVEHOLDERS.

The Power of the Master or Owner is virtually unlimited; the submission required of the Slave is unbounded; the Save, being Property, can have no Protection against the Master, and has no redress for injuries inflicted by him

122

CHAPTER X.

LABOR OF SLAVES.

The Slave, being a Chattel, may be worked at the discretion of his Owner, as other working Chattels are,

128

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CHAPTER XI.

FOOD, CLOTHING, AND DWELLINGS OF SLAVES.

The Slave, as a Chattel, is fed or famished, covered or uncovered, sheltered or unsheltered, at the discretion or convenience of his Owner, like other working animals,

135

CHAPTER XII.

COERCED LABOR WITHOUT WAGES.

The “legal relation of Master and Slave,” being the relation of an Owner to a Chattel, is incompatible with the natural and Heaven-sanctioned “relation” of Labor and Wages.

150

CHAPTER XIII.

PUNISHMENTS OF SLAVES BY THE OWNER AND HIRER.

Being the absolute Property of the Owner, the Slave is wholly in his power, without any effectual restraint,

155

CHAPTER XIV.

OF LAWS CONCERNING THE MURDER AND KILLING OF SLAVES.

The structure of the Laws and the condition of the Slaves render adequate Protection impossible.

177

CHAPTER XV.

OF THE DELEGATED POWER OF OVERSEERS.

All the power of the Owner over his Slave is held and exercised also by Overseers and Agents,

197

CHAPTER XVI.

OF THE PROTECTION OF SLAVE PROPERTY FROM DAMAGE BY
ASSAULTS FROM OTHER PERSONS THAN THEIR OWNERS.

Slaves are better protected as Property than they are as Sentient Beings,

201

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PAGE

CHAPTER XVII.

FACTS ILLUSTRATING THE KIND AND DEGREE OF PROTECTION EXTENDED TO SLAVES.

The Extent, the Atrocity, the Frequency, and the Impunity of barbarous Outrages upon Slaves, show that the laws afford them little or no Protection,

209

CHAPTER XVIII.

FUGITIVES FROM SLAVERY.

The Slave, being Property, may be hampered and confined 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

225

CHAPTER XIX.

THE SLAVE CANNOT SUE HIS MASTER.

Slave Property cannot litigate with its Owner

239

CHAPTER XX.

NO POWER OF SELF-REDEMPTION OR CHANGE OF MASTERS.

The Slave, being a Chattel, has no power of Self-redemption, nor of an exchange of Owners

245

CHAPTER XXI.

THE RELATION HEREDITARY AND PERPETUAL.

Slaves, being held as Property, like other Domestic Animals, their Offspring are held as Property in the same manner

248

CHAPTER XXII.

RIGHT TO EDUCATION—RELIGIOUS LIBERTY—RIGHTS OF CONSCIENCE.

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,

251

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PAGE

CHAPTER XXIII.

ORIGIN OF THE RELATION AND ITS SUBJECTS.

The so-called “legal relation” of Slave Ownership of Negroes originated in that African Slave-Trade which our laws now punish as piracy; 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 Color, and Whites,

258

RELATION OF THE SLAVE TO SOCIETY AND TO CIVIL GOVERNMENT.

287

CHAPTER I.

OF THE GROUND AND NATURE OF THE SLAVE’S CIVIL CONDITION.

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

289

CHAPTER II.

NO ACCESS TO THE JUDICIARY, AND NO HONEST PROVISION FOR TESTING THE CLAIMS OF THE ENSLAVED TO FREEDOM.

“A Slave cannot be a Party to a Civil Suit.” (Stroud.)

295

CHAPTER III.

REJECTION OF TESTIMONY OF SLAVES AND FREE COLORED PERSONS.

Slavery is upheld by suppressing the testimony of its victims,

300

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PAGE

CHAPTER IV.

SUBJECTION TO ALL WHITE PERSONS.

Submission is required of the Slave, not only to the will of his Master, but to the will of all other White Persons,

305

CHAPTER V.

PENAL LAWS AGAINST SLAVES.

The Laws are unequal; their administration despotic: their execution barbarous. Even this is exceeded by “Lynch Law,”

309

CHAPTER VI.

EDUCATION PROHIBITED.

The Slave, not being regarded as a Member of Society, nor as a Human Being, the Government, instead of providing for his Education, takes care to forbid it, as being inconsistent with the condition of Chattelhood

319

CHAPTER VII.

FREE SOCIAL WORSHIP AND RELIGIOUS INSTRUCTION PROHIBITED.

The Government not only allows the Master to forbid the Free Social Worship and Instruction of his Slaves, but it also steps in with direct prohibitions of its own, which even the Master himself may not relax or abrogate,

326

CHAPTER VIII.

LEGISLATIVE, JUDICIAL, AND CONSTITUTIONAL OBSTRUCTIONS TO EMANCIPATION.

The Statutes of the Slave States not only make no provision for a general Emancipation, but they obstruct and prevent ELmancipations by the Master. And the Constitutions of some of the States forbid the Legislatures to abolish Slavery,

338

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PAGE

RELATION OF THE SLAVE CODE TO THE LIBERTIES OF THE FREE.

353

CHAPTER I.

LIBERTIES OF THE FREE PEOPLE OF COLOR.

The free People of Color, though not in a condition of Chattelhood, are constantly exposed to it, and, at best, enjoy only a portion of their rights,

355

CHAPTER II.

LIBERTIES OF THE WHITE PEOPLE OF THE SLAVEHOLDING 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 Civil, Religious and Political Freedom,

372

CHAPTER III.

LIBERTIES OF THE WHITE PEOPLE OF THE NON-SLAVEHOLDING STATES.

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,

389

Summary Review of the Slave Code; its Character and Erfects—Inquiries concerning the Duty of Chrisianrs, Churches, and Ministers—The Responsibilities of Citizens, of Society, of Civil Government, of Legislators, of Magistrates—Scrutiny of the Legality of American Slavery—The Heaven prescribed Remedy—The Worthlessness of Temporizing Expedients—Closing Appeal

394

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LETTER TO THE AUTHOR.

“Uncle Tom’s Cabin” is a gross exaggeration; that, of course, slavery is, after all, not so very bad; and that they, in doing its biddings, are not as base as they seem to be. You show them that the most educated and refined among the slaveholders have, for the past century, as legislators, been deliberately enacting the most fiendish of laws, in utter defiance of the moral sense of mankind, and the precepts of the blessed gospel of the Lord Jesus; and that their grave and learned judges have enforced these accursed statutes, in all their execrable rigor, thus giving a solemn sanction to the atrocities portrayed by Mrs. Stowe and others without number, still more aggravated by investing them with legal impunity. May God make your book a means of awakening the consciences of our cotton divines to the deep sin of upholding, in the name of the blessed and adorable Redeemer, a system so damnable as American Slavery! These reverend pro-slavery champions of Chlristianity resemble the priests of Juggernaut, recommending the worship of their god by pointing to the wretches writhng, and shrieking, and expiring under his car. That the blessing of God may rest on your labors for his glory and the good of our suffering and oppressed brethren, is the fervent prayer of

Your friend and servant,

WILLIAM JAY.

REV. WILLIAM GOODELL.


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Dinsmore Documentation  presents  Classics on American Slavery