Harriet Beecher StoweThis site reprints the 1853 book, The Key to Uncle Tom's Cabin, by Harriet Beecher Stowe (1811-1896).
Before the 1861-1865 War, a number of Christian abolitionists (Rev. Cheever, Fee, Weld, Rankin, Foster, Goodell, Pillsbury, etc.) opposed slavery. Nowadays, their Bible-based reasons for doing so are generally unknown.
This series of websites educates by making the text of some of those writings accessible.
Whether or not you agree with their position, it is at least a good idea to know what their views were! and not be relying on merely what century-later revisionists claim those views were.
“It is not enough to know the past. It is necessary to understand it.”—Paul Claudel (1868-1955).
For more, see www.iath.virginia.edu/utc/uncletom/key/keyII14t.html.

The Key to Uncle Tom's Cabin
Presenting The Original Facts
And Documents Upon
Which The Story Is Founded,
Together With Corroborative Statements
Verifying The Truth Of The Work
,
by Harriet Beecher Stowe

(Boston: John P. Jewett & Co,
Cleveland, Ohio: Jewett, Proctor & Worthington,
and
London: Low and Co, 1853)

Harriet Beecher Stowe This site presents a book by one of the activists, Harriet Beecher Stowe, from the period before the War (1861-1865).
Mrs. Stowe had seen slaves' desperate efforts to escape the savagery of American slavery. She wrote in short story form, a number of narratives, to describe some of those abuses.
Her 44 separate writings were published on different occasions, each one time only, in a newspaper, over 44 different issues, as per the publishing style of that era.
But public demand for reprints, led to them being later consolidated, collected together from being 44 separate out-of-print newspaper columns, into one more-convenient and accessible volume, collectively gathered under one title, as Uncle Tom's Cabin.
Some Southerners accused her of misrepresenting slavery, exaggerating its savagery. She responded by this scholarly researched treatise on the subject, being reprinted here. She cites the accusations, then gives her responses, chapter by chapter.
(Currently only the Preface, Part II's Chap. 12 (Roman law) and 14 (Hebrew law), and Part IV's Chapters 5 - 6 (New Testament teaching) and Appendix (1840 Census data), are available in full here.)
Note her citing official Southern court precedents on slaver crimes including torture-murders, some still available at your law library, the Mann case, the Souther case, the Castleman case, etc.
The book is available with two different page numbering systems, one 259 page version with double-columns and one 508-page version with single columns. The site is in process of providing both sets of numbering, for your use, depending on which version you have.

CONTENTS

—•—

PART I.
Prefaceiii
I. — Introduction5
II. — HALEY: Author's experience. — Trader's letter.— Kephart's examination. —Invoice of human beings. — Various classes of traders.5
III. — MR. AND MRS. SHELBY: Account of a well-regulated plantation.—Extract from Ingraham._
IV. — GEORGE HARRIS: Advertisements. — Lewis Clark. — Mrs. Banton. — Story of Lewis' sister.—Mr. Nelson's story.— Frederick Douglas.—Josiah Henson's account of the sale of his mother and her children. —Recent incident in Boston. — Advertisements for dead or alive._
V. — ELIZA: Author's experience. — History of a slave-girl and her escape.21
VI. — UNCLE TOM: Similar case. — Old Virginia family servant. — Bishop Meade's remarks. —Judge Upshur's servant. —Instance in Brunswick, Me. — History of Josiah Henson. — Uncle Tom's vision. — Similar facts. — Story of a Boston lady. — Instance of the Southern lady on a plantation. — Story of an African woman. —Account of old Jacob.23
VII — MRS. OPHELIA: Prejudice of color —Instance in a benevolent lady. — Dr. Pennington. —Influence of this upon slave-holders. — True Christian socialism. — Amos Lawrence._
VIII. — MARIE ST. CLARE: The Northern Marie St. Clare.—The Southern Marie St. Clare.—Degrading punishment of females. — Dr. Howe's account. _
IX. — ST. CLARE: Alfred and Augustine St. Clare representatives of two classes of men. —Letter of Patrick Henry. — Southern men reproving Northern men.—Mr. Mitchell, of Tennessee. —John Randolph of Roanoke, — Instance of a sceptic made by the Biblical defence of slavery.—Baltimore Sun on Biblical defence of slavery.—Specimen of pro-slavery preaching.35
X. — LEGREE: No test of character required in a master. — Mr. Dickey's account in "Slavery as It Is."—"Working up slaves"—Extracts from Mr. Weld's book. — Agricultural society's testimony. — James Q. Birney's testimony.—Henry Clay's testimony.— Samuel Blackwell's. — Dr. Demming's. — Dr. Channing's. — Rev. Mr. Barrows'. — Rev. C. C. Jones'. — Causes of severe labor on sugar plantations. —Professor Ingraham's testimony. — Periodical pressure of labor in the cotton season. —Letter of a cotton-driver, published In the Fairfield Herald.—Testimony as to slave-dwellings.—Mr. Stephen E. Maltby.—Mr. George Avery.—William Ladd, Esq.—Rev. Joseph M. Badd, Esq. —Mr. George W. Westgate. — Rev. C. C. Jones. — Extract from recent letter from a friend travelling in the South.—Extracts with relation to the food of the slaves. — Professor Ingraham's anecdotes. _
XI. — SELECT INCIDENTS OF LAWFUL TRADE. Separation of an aged mother from her son authenticated. — Selling of the woman to the trader authenticated. — Parting the infant from the mother verified. — Suicide of slaves from grief authenticated.—Parting of "John aged 30" from his wife authenticated. — Case of old Prue in New Orleans authenticated.—Story of the mulatto woman authenticated.47
XII. — TOPSY: Effect of the principle of caste upon children. — Letter from Dr. Pennington.—Instance of the Southern lady. — Story of the devoted slave._
XIII. — THE QUAKERS: Trial of Garret and Hunn.—Imprisonment of Richard Dillingham. —Poetry of Whittier._
XIV. — SPIRIT OF ST. CLARE: Containing various testimony from Southern papers and men in favor of Uncle Tom's Cabin._

PART II.
I. — INTRODUCTION: Accusations of the New York Courier and Enquirer — Extract from a letter from a gentleman in Richmond, Va., containing various criticisms on slave-law. — Writer's examination and general conclusions.67
II. — WHAT IS SLAVERY? Definitions from civil code of Louisiana. — From laws of South Carolina.—Decision of Judge Ruffin. —Involve absolute despotism. —Do not admit of humane decisions. —Designed only for the security of the mailer, with no regard for the welfare of the slave. —Judge Ruffin. —No redress for personal injury that does not produce loss of service. — Case of Cornfute v. Dale. — Decision with regard to patrols.—Decisions of North and South Carolina with respect to the assault and battery of slaves. — Decision in Louisiana, by which, if a person injures a slave, he may, by paying a certain price, become his owner.—Decision in Louisiana, Berard v. Berard, establishing the principle that by no mode of suit, direct or indirect, can a slave obtain redress for ill-treatment. — Case of Jennings v. Fundeburg. — Action for killing negroes. — Also Richardson v. Dukes for the same. — Recognition of the fact that many persons, by withholding from slaves proper food and raiment, cause them to commit crimes for which they are executed. — Is the negro a person in any sense? — Judge Clark's argument to prove that he is a human being. —Decision that a woman may be given to one person, and her unborn children to another. — Disproportioned punishment of the slave compared with the master. — Case of State v. Mann, showing that the owner or hirer of a slave cannot be punished for inflicting cruel, unwarrantable and disproportioned punishments. — Judge Ruffin's speech.70
III. — SOUTHER v. THE COMMONWEALTH. THE NE PLUS ULTRA OF LEGAL HUMANITY: Writer's attention called to this case by Courier and Enquirer. — Case presented. — Writer's remarks. — Principles established in this case. 79
IV. — PROTECTIVE STATUTES: Apprentices protected. — Outlawry. — Melodrama of Prue in the swamp. —Harry the carpenter, a romance of real life.83
V. — PROTECTIVE ACTS OF SOUTH CAROLINA AND LOUISIANA. — THE IRON COLLAR OF LOUSIANA AND NORTH CAROLINA.87
VI. — PROTECTIVE ACTS WITH REGARD TO FOOD AND RAIMENT, LABOR, ETC.: Illustrative drama of Tom v. Legree, under the law of South Carolina. — Separation of parent and child._
VII. — THE EXECUTION OF JUSTICE: State v. Eliza Rowand.—The "Ægis of protection" to the slave's life.92
VIII. — THE GOOD OLD TIMES._
IX. — MODERATE CORRECTION AND ACCIDENTAL DEATH.—STATE v. CASTLEMAN._
X. — PRINCIPLES ESTABLISHED. — STATE v. LEGREE; A CASE NOT IN THE BOOKS.103
XI. — THE TRIUMPH OF JUSTICE OVER LAW._
XII. — A COMPARISON OF THE ROMAN LAW OF SLAVERY WITH THE AMERICAN.107
XIII. — THE MEN BETTER THAN THEIR LAWS.110
XIV. - THE HEBREW SLAVE-LAW COMPARED WITH THE AMERICAN SLAVE-LAW.115/223
XV. — SLAVERY IS DESPOTISM.120

PART III.
I. — DOES PUBLIC OPINION PROTECT THE SLAVE?124
II. — PUBLIC OPINION FORMED BY EDUCATION: Early training. — "The spirit of the press."129
III. — SEPARATION OF FAMILIES. 133
IV. — THE SLAVE TRADE: What sustains slavery?—The FACTS again, and the comments of Southern men. —The poetry of the slave-trade.143
V. — SELECT INCIDENTS OF LAWFUL TRADE; OR, FACTS STRANGER THAN FICTION: What "domestic sensibilities" Violet and George had. — Testimony of a sea-captain, and of a fugitive slave.151
VI. — THE EDMONDSON FAMILY: Old Milly and her household. — Liberty and equality. — The schooner Pearl. — An American slave-ship.—Capture of fugitives. —Indignation. — Captives Imprisoned. —Voyage to New Orleans and return. — Affecting incidents. — Final redemption.155
VII. — EMILY RUSSELL: Price of her redemption.—Not raised.—Sent to the South. — Redeemed by death. — Daniel Bell and family. — Poor Tom Ducket. — Facsimile of his letter._
VIII. —KIDNAPPING: Causes which lead to kidnapping free negroes and whites.—Solomon Northrop kidnapped. — Carried to Red river.—Parallel to Uncle Tom.— Rachel Parker and sister.173
IX. — SLAVES AS THEY ARE, ON TESTIMONY OF OWNERS: Color and complexion. — Scars. — Intelligence. — Sale of those claiming to be free.—Illustrated by advertisements. — Inferences.175
X.—POOR WHITE TRASH: Slavery degrades the poor whites. — Causes and process. — Materials for mobs. — Fierce for slavery. — Influence of slavery on education. — Emigration from slave states.—N. B. Watson advertised for a hunt.—John Cornutt lynched.—No defence in law.—Justice prostrate.—Rev. E. Matthews lynched. — Case of Jesse McBride.184

PART IV.
I. — INFLUENCE OF THE AMERICAN CHURCH ON SLAVERY: Power of the clergy. — The church, what? — Influence.—Points Self-evident.—Course of ecclesiastical bodies.—Sanction of American slavery, as it is, by Southern bodies. — Summary of results.193
II. — AMERICAN CHURCH AND SLAVERY: Trials for heresy. — Course as to slavery heresies. — Course of the Methodist Church.— Course of the Presbyterian Church, before the division.—Course of the Old School body. — Course of the New School body. — Results. — Congregationalists. — Albany convention. —Home Missionary Society. —The protesting power.—Practical workings of the general system.—Pleas for inaction.— Appeal to the church.205
III. — MARTYRDOMS: Power of Leviathan. — He cares more for deeds than words. — E. P. Lovejoy at St. Louis. — At Alton. — Convention. — Speech. — Mob. — Death.223
IV. — SERVITUDE IN THE PRIMITIVE CHURCH COMPARED WITH AMERICAN SLAVERY: Fundamental principles of the kingdom of Christ. — Relations to Slavery. —Apostolic directions. — Case of Onesimus.228
V. — TEACHINGS AND CONDITION OF THE APOSTLES: Apostles and primitive Christians not law-makers. — Preaching of modern Law-makers.234
VI. — APOSTOLIC TEACHING ON EMANCIPATION.235
VII. — ABOLITION OF SLAVERY BY CHRISTIANITY: State of Society. — Course of councils. — Influence of bishops for freedom. — Redemption of captives.—Contrast. 237
VIII. — JUSTICE AND EQUITY VERSUS SLAVERY: Regulation of slavery impossible.— Contrast of its principles and provisions with justice and equity.241
IX. — IS THE SYSTEM OF RELIGION WHICH IS TAUGHT THE SLAVE THE GOSPEL? Points to be conceded.—What is taught?—Principles and discussion.—Necessary results of the system. — Specimens of teaching and criticisms. 244
X. — WHAT IS TO BE DONE? Work of the church in America.—Feelings of Christians in all other countries. — Eradication of caste, and repeal of sinful laws against free colored people.—Various duties and measures as to slavery. — Closing appeal.250
APPENDIX. — Statistics Abused — Falsified 1840 Census.257

PREFACE.

THE work which the writer here presents to the public is one which has been written with no pleasure, and with much pain.

In fictitious writing, it is possible to find refuge from the hard and the terrible, by inventing scenes and characters of a more pleasing nature. No auch resource is open in a work of fact; and the subject of this work is one on which the truth, if told at all, must needs be very dreadful. There is no bright aide to slavery, as such. Those scenes which are made bright by the generosity and kindness of masters and mistresses, would be brighter still if the element of slavery were withdrawn. There is nothing picturesque or beautiful, in the family attachment of old servants, which is not to bo found in countries where these servants are legally free. The tenants on an English estate are often more fond and faithful than if they were slaves. Slavery, therefore, is not the element which forms the picturesque and beautiful of Southern life. What is peculiar to slavery, and distinguishes it from free servitude, is evil, and only evil, and that continually.

In preparing this work, it has grown much beyond the author's original design. It has so far overrun its limits that she has been obliged to omit one whole department;—that of the characteristics and developments of the colored race in various countries and circumstances. This is more properly the subject for a volume ; and she hopes that such an one will soon be prepared by a friend to whom she has transferred her materials.

The author desires to express her thanks particularly to those legal gentlemen who have given her their assistance and support in the legal part of the discussion. She also desires to thank those, at the North and at the South, who have kindly furnished materials for her use. Many more have been supplied than could possibly be used. The book is actually selected out of a mountain of materials.

The great object of the author in writing has been to bring this subject of slavery, as a moral and religious question, before the minds of all those who

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profess to be followers of Christ, in this country. A minute history has been given of the action of the various denominations on this subject.

The writer has aimed, as far as possible, to say what is true, and only that, without regard to the effect which it may have upon any person or party. She hopes that what she has said will be examined without bitterness,—in that serious and earnest spirit which is appropriate for the examination of so very serious a subject. It would be vain for her to indulge the hope of being wholly free from error. In the wide field which she has been called to go over, there is a possibility of many mistakes. She can only say that she has used the most honest and earnest endeavors to learn the truth.

The book is commended to the candid attention and earnest prayers of all true Christians, throughout the world. May they unite their prayers that Christendom may be delivered from so great an evil as slavery!

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PART I.

Chapter I.

Introduction

AT different times, doubt has been expressed whether the representations of "Uncle Tom's Cabin" are a fair representation of slavery as it at present exists. This work, more, perhaps, than any other work of fiction that ever was written, has been a collection and arrangement of real incidents,— of actions really performed, of words and expressions really uttered,— grouped together with reference to a general result, in the same manner that the mosaic artist groups his fragments of various stones into one general picture. His is a mosaic of gems,— this is a mosaic of facts.

Artistically considered, it might not be best to point out in which quarry and from which region each fragment of the mosaic picture had its origin; and it is equally unartistic to disentangle the glittering web of fiction, and show out of what real warp and woof it is woven, and with what real coloring dyed. But the book had a purpose entirely transcending the artistic one, and accordingly encounters, at the hands of the public, demands not usually made on fictitious works. It is treated as a reality,— sifted, tried and tested, as a reality; and therefore as a reality it may be proper that it should be defended.

The writer acknowledges that the book is a very inadequate representation of slavery; and it is so, necessarily, for this reason,—that slavery, in some of its workings, is too dreadful for the purposes of art. A work which should represent it strictly as it is would be a work which could not be read. And all works which ever mean to give pleasure must draw a veil somewhere, or they cannot succeed.

The author will now proceed along the course of the story, from the first page onward, and develop, as far as possible, the incidents by which different parts were suggested.

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Chapter II.

Mr. Haley.

IN the very first chapter of the book we encounter the character of the negro-trader, Mr. Haley. His name stands at the head of this chapter as the representative of all the different characters introduced in the work which exhibit the trader, the kidnapper, the negro-catcher, the negro-whipper, and all the other inevitable auxiliaries and indispensable appendages of what is often called the "divinely-instituted relation" of slavery. The author's first personal observation of this class of beings waa somewhat as follows:

Several years ago, while one morning employed in the duties of the nursery, a colored woman was announced. She was ushered into the nursery, and the author thought, on first survey, that a more surly, unpromising face she had never seen. The woman was thoroughly black, thick-set, firmly built, and with strongly-marked African features. Those who have been accustomed to read the expressions of the African face know what a peculiar effect is produced by a lowering, desponding expression upon its dark features. It is like the shadow of a thunder-cloud. Unlike her race generally, the woman did not smile when smiled upon, nor utter any pleasant remark in reply to such as were addressed to her. The youngest pet of the nursery, a boy about three yenrs old, walked up, and laid his little hand on her knee, and seemed astonished not to meet the quick smile which the negro almost always has in reserve for the little child. The writer thought her very cross and disagreeable, and, after a few moments' silence, asked, with perhaps a little impatience, "Do you want anything of me to-day?"

"Here are some papers," said the woman, pushing them towards her; "perhaps you would read them."

The first paper opened was a letter from

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(pp 6-20)


a thing as an advertisement for a man, "dead or alive," like the advertisement for George Harris, was ever published in the Southern States. The scene of the story in which that occurs is supposed to be laid a few years back, at the time when the black laws of Ohio were passed. That at this time such advertisements were common in the newspapers, there is abundant evidence. That they are less common now, is a matter of hope and gratulation.

In the year 1839, Mr. Theodore D. Weld made a systematic attempt to collect and arrange the statistics of slavery. A mass of facts and statistics was gathered, which were authenticated with thé most unquestionable accuracy. Some of the "one thousand witnesses," whom he brings upon the stand, were ministers, lawyers, merchants, and men of varions other callings, who were either natives of the slave states, or had been residents there for many years of their life. Many of these were slave-holders. Others of the witnesses were, or had been, slave-drivers, or officers of coasting-vessels engaged in the slave-trade.

Another part of his evidence was gathered from public speeches in Congress, in the state legislatures, and elsewhere. But the majority of it was taken from recent newspapers.

The papers from which these facts were copied were preserved and put on file in a public place, where they remained for some years, for the information of the curious. After Mr. Weld's book was completed, a copy of it was sent, through the mail, to every editor from whose paper such advertisements had been taken, and to every individual of whom any facts had been narrated, with the passages which concerned them marked.

It is quite possible that this may have had some influence in rendering such advertisements less common. Men of sense often go on doing a thing which is very absurd, or even inhuman, simply because it has always been done before them, and they follow general custom, without much reflection. When their attention, however, is çalled to it by a stranger who sees the thing from another point of view, they become immediately sensible of the impropriety of the practice, and discontinue it.

The reader will, however, be pained to notice, when he comes to the legal part of the book, that even in some of thé largest cities of our slave states this barbarity had not been entirely discontinued, in the year 1850.

The list of advertisements in Mr. Weld's book is here inserted, not to weary the reader with its painful details, but that, by running his eye over the dates of the papers quoted, and the places of their publication, he may form a fair estimate of the extent to which this atrocity was publicly practised:

The Wilmington (North Carolina) Advertiser of July 13, 1838, contains the following advertisement:

"$100 will be paid to any person who may apprehend and safely confine in any jail in this state a certain negro man, named ALFRED. And the same reward will be paid, if satisfactory evidence is given of his having been KILLED. He has one or more scars on one of his hands, caused by his having been shot.

THE CITIZENS OF ONSLOW.

Richlands, Onslow Co., May 16, 1838."

In the same column with the above, and directly under it, is the following:

"RANAWAY, my negro man RICHARD. A reward of $25 will be paid for his apprehension, DEAD or ALIVE. Satisfactory proof will only be required of his being KILLED. He has with him, in all probability, his wife, ELIZA, who ran away from Col. Thompson, now a resident of Alabama, about the time he commenced his journey to tbat state.

DURANT H. RHODES."

In the Macon (Georgia) Telegraph, May 28, is the following:

"About thé Ist of March last the negro man RANSOM left me without the least provocation whatever; I will give a reward of twenty dollars for said negro, if taken, DEAD OR ALIVE,—and if killed in any attempt, an advance of five dollars will be paid.

BRYANT JOHNSON.
"Crawford Co., Georgia."

See the Newbern (N. C.) Spectator, Jan. 5, 1838, for the following:

"RANAWAY from the subscriber, a negro man named SAMPSON. Fifty dollars reward will be given for the delivery of him to me, or his confinement in any jail, so that I get him; and should he resist in being taken, so that violence is necessary to arrest him, I will not hold any person liable for damages should the slave be KILLED.

ENOCH FOY.
"Jones Co., N. C."

From the Charleston (S. C.) Courier, Feb. 20, 1836:

"$300 REWARD.—Ranaway from the subscriber, in November last, his two negro men, named Billy and Pompey.

"Billy is 25 years old, and is known as the patroon of my boat for many years; in all probability he may resist; in that event 50 dollars will be paid for his HEAD."


Chapter V.

Eliza.

The writer stated in her book that Eliza was a portrait drawn from life. The inci-

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dent which brought the original to her notice may be simply narrated.

While the writer was traveling in Kentucky, many years ago, she attended church in a small country town. While there, her attention was called to a beautiful quadroon girl, who sat in one of the slips of the church, and appeared to have charge of some young children. The description of Eliza may suffice for a description of her. When the author returned from church, she inquired about the girl, and was told that she was as good and amiable as she was beautiful; that she was a pious girl, and a member of the church; and, finally, that she was owned by Mr. So-and-so. The idea that this girl was a slave struck a chill to her heart, and she said, earnestly, "0, I hope they treat her kindly."

"O, certainly," was the reply; "they think as much of her as of their own children."

"I hope they will never sell her," said a person in the company.

"Certainly they will not; a Southern gentleman, not long ago, offered her master a thousand dollars for her: but he told him that she was too good to be his wife, and he certainly should not have her for a mistress."

This is all that the writer [Stowe] knows of that girl.

With regard to the incident of Eliza's crossing the river on the ice,—as the possibility of the thing has been disputed,—the writer gives the following circumstance in confirmation.

Last spring, while the author [Stowe] was in New York, a Presbyterian clergyman, of Ohio, came to her, and said, "I understand they dispute that fact about the woman's crossing the river. Now, I know all about that, for I got the story from the very man that helped her up the bank. I know it is true, for she is now living in Canada."

It has been objected that the representation of the scene in which the plan for kidnaping Eliza, concocted by Haley, Marks and Loker, at the tavern, is a gross caricature on the state of things in Ohio.

What knowledge the author [Stowe] has had of the facilities which some justices of the peace, under the old fugitive law of Ohio, were in the habit of giving to kidnaping, may be inferred by comparing the statement in her book [Uncle Tom's Cabin] with some in her personal knowledge.

"Ye see," said Marks to Haley, stirring his punch as he did so, "ye see, we has justices [of the peace] convenient at all p'ints along shore, that does up any little jobs in our line quite reasonable [easily, cheaply bribed!].

"Tom, he does the knockin' down, and that ar; and I come in all dressed up,—shining boots,—everything first chop,—when the swearin' 's to be done. You oughter see me, now!" said Marks, in a glow of professional pride, "how I can tone it off. One day I'm Mr. Twickem, from New Orleans; 'nother day, I'm just come from my plantation on Pearl river, where I works seven hundred niggers; then, again, I come out a distant relation to Henry Clay, or some old cock in Kentuck.

"Talents is different, you know. Now, Tom's a roarer when there's any thumping or fighting to be done; but at lying he an't good, Tom an't; ye see it don't comes natural to him; but, Lord! if thar's a feller in the country that can swear to anything and everything, and put in all the circumstances and flourishes with a longer face, and carry 't through better'n I can, why, T'd like to see him, that's all!

"I b'lieve, my heart, I could get along, and make through, even if justices [of the peace] were more particular than they is. Sometimes I rather wish they was more particular; 't would be a heap more relishin' if they was,—more fun, yer know."

In the year 1839, the writer [Stowe] received into her family, as a servant, a girl from Kentucky. She had been the slave of one of the lowest and most brutal families, with whom she had been brought up, in a log-cabin, in a state of half-barbarism. In proceeding to give her religious instruction, the author [Stowe] heard, for the first time in her life, an inquiry which she had not snpposed possible to be made in America:—"Who is Jesus Christ, now, anyhow?"

When the author [Stowe] told her the history of the love and life and death of Christ, the giri seemed wholly overcome; tears streamed down her cheeks; and she exclaimed, piteously, "Why didn't nobody never tell me this before?"

Ed. Note: It was Southern policy to NOT allow the Gospel to be preached to slaves. See Part 4, chapter IX, pp. 244-250.

"But," said the writer [Stowe] to her, "haven't you ever seen the Bible?"

"Yes, I have seen missus a-readin' on 't sometimes; but, law sakes! she's just a-readin' on 't 'cause she could; don't s'pose it did her no good, no way."

She said she had been to one or two camp-meetings in her life, but "didn't notice very particular."

At all events, the story certainly made great impression on her, and had such an effect in improving her conduct, that the writer [Stowe] had great hopes of her.

On inquiring into her history, it was discovered that, by the laws of Ohio, she was legally entitled to her freedom, from the fact of her having been brought into the state, and left there, temporarily, by the consent of her mistresa. These facts being

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properly authenticated before the proper authorities, papers attesting her freedom were drawn up, and it was now supposed that all danger of pursuit was over. After she had remained in the family for some months, word was sent, from various sources, to Professor Stowe, that the girl's young master was over, looking for her, and that, if care were not taken, she would be conveyed back into slavery.

Professor Stowe called on the magistrate who had authenticated her papers, and inquired whether they were not sufficient to protect her. The reply was,

"Certainly they are, in law, if she could have a fair hearing [due process as per the Constitution]; but they will come to your house in the night, with an officer and a warrant; they will take her before Justice D—, and swear to her [being a slave]. He's the man that does all this kind of business, and he'll deliver her up, and there'll be an end to it."

Mr. Stowe then inquired what could be done; and was recommended to carry her to some place of security till the inquiry for her was over. Accordingly, that night, a brother of the author, with Professor Stowe, performed for the fugitive that office which the senator is represented as performing for Eliza. They drove about ten miles on a solitary road, crossed the creek at a very dangerous fording, and presented themselves, at midnight, at the house of John Van Zandt, a noble-minded Kentuckian, who had performed the good deed which the author, in her story [Uncle Tom's Cabin], ascribes to Van Tromp.

After some rapping at the door, the worthy owner of the mansion appeared, candle in hand, as has been narrated.

"Are you the man that would save a poor colored girl from kidnappers?" was the first question.

"Guess I am," was the prompt response, "where is she?"

"Why, she's here."

"But how did you come?"

"I crossed the creek."

"Why, the Lord helped you!" said he; "I shouldn't dare cross it myself in the night. A man and his wife, and five children, were drowned there, a little while ago."

The reader may be interested to know that the poor girl never was re-taken; that she married well in Cincinnati, is a very respectable woman, and the mother of a large family of children.


Chapter VI.

Uncle Tom.

The character of Uncle Tom has been objected to as improbable; and yet the writer [Stowe] has received more confirmations of that character, and from a greater variety of sources, than of any other in the book [Uncle Tom's Cabin].

Many people have said to her, "I knew an Uncle Tom in such and such a Southern State." All the histories of this kind which have thus been related to her would of themselves, if collected, make a small volume. The author will relate a few of them.

While visiting in an obscure town in Maine, in the family of a friend, the conversation happened to turn upon this subject, and the gentleman with whose family she was staying related the following.

He said that, when on a visit to his brother, in New Orleans, some years before, he found in his possession a most valuable negro man, of such remarkable probity and honesty that his brother literally trusted him with all he had. He had frequently seen him take out a handful of bills, without looking at them, and hand them to this servant, bidding him go and provide what was necessary for the family, and bring him the change. He remonstrated with his brother on this imprudence, but the latter replied that be had had such proof of this servant's impregnable conscientiousness that he felt it safe to trust him to any extent.

The history of the servant was this. He had belonged to a man in Baltimore, who, having a general prejudice against all the religious exercises of slaves, did all that he could to prevent his having any time for devotional duties, and strictly forbade him to read the Bible and pray, either by himself, or with the other servants; and because, like a certain man of old, named Daniel, he constantly disobeyed this unchristian edict, his master inflicted upon him that punish ment which a master always has in his power to inflict,—he sold him into perpetual exile from his wife and children, down to New Orleans.

The gentleman who gave the writer [Stowe] this information says that, although not himself a religious man at the time, he was so struck with the man's piety that he said to his brother, "I hope you will never do anything to deprive this man of his religious privileges, for I think a judgment will come upon you if you do."

To this his brother replied that he should be very foolish to do it, since

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(pp 24-33)


when many seamstresses get a dollar for it; says she does it because she's poor, and has no friends; thinks you had better be careful in your conversation, and not let her know what prices are, or else she will get spoiled, and go to raising her price,—these sewing-women are so selfish.

When Marie St. Clare has the misfortune to live in a free state, there is no end to her troubles. Her cook is always going off for better wages and more comfortable quarters; her chamber-maid, strangely enough, won't agree to be chambermaid and seamstress both for half wages, and so she deserts. Marie's kitchen-cabinet, therefore, is always in a state of revolution; and she often declares, with affecting earnestness, that servants are the torment of her life.

If her husband endeavor to remonstrate, or suggest another mode of treatment, he is a hard-hearted, unfeeling man; "he doesn't love her, and she always knew he didn't;" and so he is disposed of.

But, when Marie comes under a [politician-made] system of [unconstitutional] laws which gives her absolute control over her dependants,—which enables her to separate them, at her pleasure, from their dearest family connections, or to inflict upon them the most disgraceful and violent punishments, without even the restraint which seeing the execution might possibly produce,—then it is that the character arrives at full maturity. Human nature is no worse at the South than at the North; but law at the South distinctly provides for and protects the worst abuses to which that nature is liable.

It is often supposed that domestic servitude in slave states is a kind of paradise; that house-servants are invariably pets; that young mistresses are always fond of their "mammies," and young masters always handsome, good-natured and indulgent.

Let any one in Old England or New England look about among their immediate acquaintances, and ask how many there are who would use absolute despotic power amiably in a family, especially over a class degraded by servitude, ignorant, indolent, deceitful, provoking, as slaves almost necessarily are, and always must be.

Let them look into their own hearts, and ask themselves if they would dare to be trusted with such a power. Do they not find in themselves temptations to be unjust to those who are inferiors and dependants? Do they not find themselves tempted to be irritable and provoked, when the service of their families is negligently performed?

And, if they had the power to inflict cruel punishments, or to have them inflicted by sending the servant out to some place of correction, would they not be tempted to use that liberty?

With regard to those degrading punishments to which females are subjected, by being sent to professional whippers, or by having such functionaries sent for to the house,—as John Caphart testifies that he has often been, in Baltimore,—what can be said of their influence both on the superior and on the inferior class? It is very painful indeed to contemplate this subject.

The [non-Southern] mind instinctively shrinks from it; but still it is a very serious question whether it be not our duty to encounter this pain, that our sympathies may be quickened into more active exercise.

For this reason, we give here the testimony of a gentleman [Dr. Howe] whose accuracy will not be doubted, and who subjected himself to the pain of being an eye-witness to a scene of this kind in the calaboose in New Orleans. As the reader will perceive from the account, it was a scene of such every-day occurrence as not to excite any particular remark, or any expression of sympathy from those of the same condition and color with the sufferer.

When our missionaries first went to India, it was esteemed a duty among Christian nations to make themselves acquainted with the cruelties and atrocities of idolatrous worship, as a means of quickening our zeal to send them the gospel.

If it be said that we in the free states have no such interest in slavery, as we do not support it, and have no power to prevent it, it is replied that slavery does exist in the District of Columbia, which belongs to the whole United States; and that the free states are, before God, guilty of the crime of [unconstitutionally] continuing it there, unless they will honestly do what in them lies for its extermination.

The subjoined account was written by the benevolent Dr. Howe, whose labors in behalf of the blind have rendered his name dear to humanity, and was sent in a letter to the Hon. Charles Sumner.

If any one think it too painful to be perused, let him ask himself if God will hold those guiltless who suffer a system to continue, the details of which they cannot even read. That this describes a common scene in the calaboose, we shall by and by produce other witnesses to show.

Letter by Dr. Howe
I have passed ten days in New Orleans, not unprofitably, I trust, in examining the public

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institutions,—the schools, asylums, hospitals, prisons, &c. With the exception of the first, there is little hope of amelioration. I know not how much merit there may be in their system; but I do know that, in the administration of the penal code, there are abominations which should bring down the fate of Sodom [Genesis 19:24-25] upon the city. If Howard or Mrs. Fry ever discovered so ill-administered a den of thieves as the New Orleans prison, they never described it.

In the negro's apartment I saw much which made me blush that I was a white man, and which, for a moment, stirred up an evil spirit in my animal nature.

Entering a large paved court-yard, around which ran galleries filled with slaves of all ages, sexes and colors, I heard the snap of a whip, every stroke of which sounded like the sharp crack of a pistol. I turned my head, and beheld a sight which absolutely chilled me to the marrow of my bones, and gave me, for the first time in my life, the sensation of my hair stiffening at the roots. There lay a black girl flat upon her face, on a board, her two thumbs tied, and fastened to one end, her feet tied, and drawn tightly to the other end, while a strap passed over the small of her back, and, fastened around the board, compressed her closely to it. Below the strap she was entirely naked.

By her side, and six feet off, stood a huge negro, with a long whip, which he applied with dreadful power and wonderful precision. Every stroke brought away a strip of skin, which clung to the lash, or fell quivering on the pavement, while the blood followed after it.

The poor creature writhed and shrieked, and, in a voice which showed alike her fear of death and her dreadful agony, screamed to her master, who stood at her head, "O, spare my life! don't cut my soul out!" But still fell the horrid lash; still strip after strip peeled off from the skin; gash after gash was cut in her living flesh, until it became a livid and bloody maas of raw and quivering rnuscle.

It was with the greatest difficulty I refrained from springing upon the torturer, and arresting his lash; but, alas! what could I do, but turn aside to hide my tears for the sufferer, and my blushes for humanity!

This was in a public and regularly-organized prison; the punishment was one recognized and authorized by the law.

But think you the poor wretch had committed a heinous offence, and had been convicted thereof, and sentenced to the lash? Not at all. She was brought by her master to be whipped by the common executioner, without trial, judge or jury, just at his beck or nod, for some real or supposed offence, or to gratify his own whim or malice. And he may bring her day after day, without cause assigned, and inflict any number of lashes he pleases, short of twenty-five, provided only he pays the fee.

Or, if he choose, he may have a private whipping-board on-his own premises, and brutalize himself there.

A shocking part of this horrid punishment was its publicity, as I have said; it was in a court-yard surrounded by galleries, which were filled with colored persons of all sexes—runaway slaves, committed for some crime, or slaves up for sale. You would naturally suppose they crowded forward, and gazed, horror-stricken, at the brutal spectacle below; but they did not; many of them hardly noticed it, and many were entirely indifferent to it. They went on in their childish pursuits, and some were laughing outright in the distant parts of the galleries; so low can man, in God's image, be sunk to brutality.

Ed. Note: Additional
Torture Examples:
  • Axe-Murder
  • Eye-Gouging
  • Racking and Salting
  • Torture-Murder
  • Whip-to-Death
    And see our background site.

  • Chapter IX.

    St. Clare.

    IT is with pleasure that we turn from the dark picture just presented, to the character of the generous and noble-hearted St. Clare, wherein the fairest picture of our Southern brother is presented.

    It has been the writer's object to separate carefully, as far as possible, the system from the men. It is her [Stowe's] sincere belief that, while the irresponsible power of slavery is such that no human being ought ever to possess it, probably that power was never exercised more leniently than in many cases in the Southern States. She has been astonished to see how, under all the disadvantages which attend the early possession of arbitrary power, all the temptations which every reflecting mind must see will arise from the possession of this power in various forms, there are often developed such fine and interesting traits of character. To say that these cases are common, alas! is not in our power. Men know human nature too well to believe us, if we should.

    But the more dreadful the evil to be assailed, the more careful should we be to be just in our apprehensions, and to balance the horror which certain abuses must necessarily incite, by a consideration of those excellent and redeeming traits which are often found in individuals connected with the system.

    The twin brothers, Alfred and Augustine St. Clare, represent two classes of men which are to be found in all countries. They are the radically aristocratic and democratic men. The aristocrat by position is not always the aristocrat by nature, and vice versa; but the aristocrat by nature, whether he be in a higher or lower position in society, is he who, though he may be just, generous and humane, to those whom he considers his equals, is entirely insensible to the wants, and sufferings, and common humanity, of those whom he considers the lower orders. The sufferings of a countess would make him weep; the sufferings of a seamstress are quite another matter.

    On the other hand, the democrat is often found in the highest position of life. To this man, superiority to his brother is a thing which he can never boldly and nakedly as-

    -35-

    sert without a secret pain. In the lowest and humblest walk of life, he acknowledges the sacredness of a common humanity; and however degraded by the opinions and institutions of society any particular class may be, there is an instinctive feeling in his soul which teaches him that they are men of like passions with himself.

    Such men have a penetration which at once sees through all the false shows of outward custom which make one man so dissimilar to another, to those great generic capabilities, sorrows, wants and weaknesses, wherein all men and women are alike; and there is no such thing as making them realize that one order of human beings have any prescriptive right over another order, or that the tears and sufferings of one are not just as good as those of another order.

    That such men are to be found at the South in the relation of slave-masters, that when so found they cannot and will not be deluded by any of the shams and sophistry wherewith slavery has been defended, that they look upon it as a relic of a barbarous age, and utterly scorn and contemn all its apologists, we can abundantly show. Many of the most illustrious Southern men of the [American] Revolution were of this class, and many men of distinguished position of later day have entertained the same sentiments.

    Witness the following letter of Patrick Henry [1736-1799], the sentiments of which are so much an echo of those of St. Clare that the reader might suppose one to be a copy of the other:

    Letter of Patrick Henry.
                                  Hanover, January 18th, 1773

    Dear Sir: I take this opportunity to acknowledge the receipt of Anthony Benezet's book against the slave-trade; I thank you for it.

    Is it not a little surprising that the professors of Christianity, whose chief excellence consists in softening the human heart, in cherishing and improving its finer feelings, should encourage a practice so totally repugnant to the first impressions of right and wrong? What adds to the wonder is, that this abominable practice has been introduced in the most enlightened ages.

    Times that seem to have pretensions to boast of high improvements in the arts and sciences, and refined morality, have brought into general use, and guarded by many laws, a species of violence and tyranny which our more rude and barbarous, but more honest ancestors detested.

    Is it not amazing that at a time when the rights of humanity are defined and understood with precision, in a country above all others fond of liberty,—-that in such an age and in such a country we find men professing a religion the most mild, humane, gentle and generous, adopting such a principle, as repugnant to humanity as it is inconsistent with the Bible, and destructive to liberty! Every thinking, honest rejects it in speculation. How free in practice from conscientious motives!

    Would any one believe that I am master of slaves of my own purchase? I am drawn along by the general inconvenience of living here without them. I will not, I cannot, justify it. However culpable my conduct, I will so far pay my devoir to virtue as to own the excellence and rectitude of her precepts, and lament my want [lack] of conformity to them.

    I believe a time will come when an opportunity will be offered to abolish this lamentable evil. Everything we can do is to improve it, if it happens in our day; if not, let us transmit to our descendants, together with our slaves, a pity for their unhappy lot, and an abhorrence for slavery. If we cannot reduce this wished-for reformation to practice, let us treat the unhappy victims with lenity. It is the furthest advance we can make towards justice. It is a debt we owe to the purity of our religion, to show that it is at variance with that law which warrants slavery.

    I know not when to stop. I could say many things on the subject, a serious view of which gives a gloomy prospect to future times!

    Ed. Note: Patrick Henry is right to refer to such pretended "Christians" as merely "professors of Christianity," a depravity their "more honest ancestors detested."
    Rev. Parker Pillsbury would later excommunicate such alleged Christian clergy, as not in fact Christian.
    The vast majority, 99%, of U.S. were wrong on slavery.
    They “had simply no moral sense,” said Kentucky clergyman Rev. Robert J. Breckinridge, p 9. Their scandalous behavior was the “acmé of piratical turpitude,” says Lewis Tappan, Address (1843), p 19.

    What a sorrowful thing it is that such men live an inglorious life, drawn along by the general current of society, when they ought to be its regenerators! Has God endowed them with such nobleness of soul, such clearness of perception, for nothing? Should they, to whom he has given superior powers of insight and feeling, live as all the world live?

    Southern men of this class have often risen up to reprove the men of the North, when they are drawn in to apologize for the system of slavery. Thus, on one occasion, a representative from one of the northern states, a gentleman now occupying the very highest rank of distinction and official station, used in Congress the following language:

    The great relation of servitude, in some form or other, with greater or less departure from the theocratic equality of men, is inseparable from our nature. Domestic slavery is not, in my judgment, to be act down as an immoral or irreligious relation. The slaves of this country are better clothed and fed than the peasantry of some of the most prosperous atates of Europe.

    He was answered by Mr. Mitchell, of Tennessee, in these words:

    Sir, I do not go the length of the gentleman from Massachusetts, and hold that the existence of slavery in this country is almost a blessing. On the contrary, I am firmly settled in the opinion that it is a great curse,—one of the greatest that could have been interwoven in our sytem. I, Mr. Chairman, am one of those whom these poor wretches call masters. I do not task them; I feed and clothe them well, but yet, alas! they are slaves, and slavery is a curse in any shape. It is no doubt true that there are persons in Europe far more degraded than our slaves,— worse fed, worse

    -36-


    (pp 37-46)


    Chapter XI.

    Select Incidents of Lawful Trade.

    IN this chapter of "Uncle Tom's Cabin" were recorded some of the most highly-wrought and touching incidents of the slave-trade. It will be well to authenticate a few of them.

    One of the first sketches presented to view is an account of the separation of a very old, decrepit negro woman from her young son, by a sheriff's sale. The writer [Stowe] is sorry to say that not the slightest credit for invention is due to her in this incident. She found it, almost exactly as it stands, in the published journal of a yonng Southerner, related as a scene to which he was eye-witness. The only circumstance which she has omitted in the narrative was one of additional inhumanity and painfulness which he had delineated. He represents the boy as being bought by a planter, who fettered his hands, and tied a rope round his neck which he attached to the neck of his horse, thus compelling the child to trot by his side. This incident alone was suppressed by the author.

    Another scene of fraud and cruelty, in the same chapter, is described as perpetrated by a Kentucky slave-master, who sells a woman to a trader, and induces her to go with him by the deceitful assertion that she is to be taken down the river a short distance, to work in the same hotel with her husband. This was an instance which occurred under the writer's own observation, some years since, when she was going down the Ohio river. The woman was very respectable both in appearance and dress. The writer recalls her image now vith distinctness, attired with great neatness in a white wrapper, her clothing and hair all arranged with evident care, and having with her a prettily-dressed boy about seven years of age. She had also a hair trunk of clothing, which showed that she had been carefully and respectably brought up. It will be seen, in perusing the account, that the incident is somewhat altered to suit the purpose of the story, the woman being there represented as carrying with her a young infant.

    The custom of unceremoniously separating the infant from its mother, when the latter is about to be taken from a Northern to a Southern market, is a matter of every-day notoriety in the trade. It is not done occasionally and sometimes, but always, whenever there is occasion for it; and the mother's agonies are no more regarded than those of a cow when her calf is separated from her.

    The reason of this is, that the care and raising of children is no part of the intention or provision of a Southern plantation. They are a trouble; they detract from the value of the mother as a field-hand, and it is more expensive to raise them than to buy them ready raised; they are therefore left behind in the making up of a coffle. Not longer ago than last summer, the writer was conversing with Thomas Strother, a slave minister of the gospel in St. Louis, for whose emancipation she was making some effort. He incidentally mentioned to her a scene which he had witnessed but a short time before, in which a young woman of his acquaintance came to him almost in a state of distraction, telling him that she had been sold to go South with a trader, and leave behind her nursing infant.

    In Lewis Clark's narrative he mentions that a master in his neighborhood sold a woman and child to a trader, with the charge that he should not sell the child from its mother. The man, however, traded off the child in the very next town, in payment of his tavern-bill.

    The following testimony is from a gentleman who writes from New Orleans to the National Era. This writer says:

    While at Robinson, or Tyree Springs, twenty miles from Nashville, on the borders of Kentucky and Tennessee, my hostess said to me, one day, "Yonder comes a gang of slaves, chained."

    I went to the road-side and viewed them. For the better answering my purpose of observation, I stopped the white man in front, who was at his ease in a one-horse wagon, and asked him if those slaves were for sale. I counted them and observed their position. They were divided by three one-horse wagons, each containing a man-merchant, so arranged as to command the whole gang.

    Some were unchained; sixty were chained in two companies thirty in each, the right hand of one to the left hand of the other opposite one, making fifteen each side of a large ox-chain, to which every hand was fastened, and necessarily compelled to hold up,—men and women promiscuously, and about in equal proportions,—all young people. No children here, except a few in a wagon behind, which were the only children in the four gangs.

    I said to a respectable mulatto woman in the house, "Is it true that the negro-traders take mothers from their babies?"

    "Massa, it is true; for here, last week, such a girl [naming her], who lives about a mile off, was taken after dinner,—knew nothing of it in the morning,—sold, put into the gang, and her baby given away to a neighbor. She was a stout young woman, and brought a good price."

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    (pp 48-66)


    PART II.

    Chapter I.

    Introduction

    Harriet Beecher Stowe

    THE New York Courier and Enquirer of November 5th contained an article which has been quite valuable to the author, as summing up, in a clear, concise and intelligible form, the principal [demonized] objections which may be urged to Uncle Tom's Cabin [1852]. It is here quoted in full, as the foundation of the remarks in the following pages.

    Ed. Note: Be advised that the media have a multi-century pattern of disinformation with respect to slavery, tobacco farmers. Yes, slavery was disproportionately by the latter, a fact you have NOT learned from the media—nor much of the truth about tobacco.
    The media has a rigorous policy of censorship, adhered to for centuries. See
  • Rev. Beriah Green's 1836 analysis,
  • Sen. Charles Sumners 1860 analysis, and
  • our tobacco-taboo site.
  • The author of "Uncle Tom's Cabin," that writer states, has committed false-witness against thousands and millions of her fellow-men.

    She has done it [he says] by attaching to them as slaveholders, in the eyes of the world, the guilt of the abuses of an institution of which they are absolutely guiltless. Her story is so devised as to present slavery in three dark aspects:
    • first, the cruel treatment of the slaves;
    • second, the separation of families; and
    • third, their want of religious instruction.

    To show the first, she causes a reward to be offered for the recovery of a runaway slave, "dead or alive," when no reward with such an alternative was ever heard of, or dreamed of, south of Mason and Dixon's line, and it has been decided over and over again in Southern courts that "a slave who is merely flying away cannot be killed." She puts such language as this into the mouth of one of her speakers:—"The master who goes furthest and does the worst only uses within limits the power that the law gives him;" when, in fact, the civil code of the very state where it is represented the language was uttered—Louisiana—declares that

    "The slave is entirely subject to the will of his master, who may correct and chastise him, though not with unusual rigor, nor so as to maim or mutilate him, or to expose him to the danger of loss of life, or to cause his death."

    And provides for a compulsory sale:

    "When the master shall be convicted of cruel treatment of his slaves, and the judge shall deem proper to prononce, besides the penalty established for such cases, that the slave be sold at public auction, in order to place him out of reach of the power which the master has abused."

    "If any person whatsoever shall wilfully kill his slave, or the slave of another person, the said person, being convicted thereof, shall be tried and condemned agreeably to the laws."

    In the General [Supreme] Court of Virginia last year, in the [torture-murder] case of Souther v. the Commonwealth [48 Va 673 (1851)], it was held that the killing of a slave by his master and owner, by wilful and excessive whipping, is murder in the first degree, though it may not have been the purpose of the master and owner to kill the slave! And it is not six months since Governor Johnston, of Virginia, pardoned a slave who killed his inofiter, who was beating him with brutal severity.

    And yet, in the face of such laws and decisions as these, Mrs. Stowe winds up a long series of cruelties upon her other black personages, by causing her faultless hero, Tom, to be literally whipped to death in Louisiana, by his master Legree; and these acts, which the laws make criminal, and punish as such, she sets forth in the most repulsive colors, to illustrate the institution of slavery!

    So, too, in reference to the separation of children from their parents. A considerable part of the plot is made to hinge upon the selling, in Louisiana, of the child Eliza, "eight or nine years old," away from her mother; when, had its inventor looked in the statute-book of Louisiana, she would have found the following language:

    "Every person is expressly prohibited from selling separately from their mothers the children who shall not have attained the full age of ten years."

    "Be it further enacted, That if any person or persons shall sell the mother of any slave child or children under the age of ten years, separate from said child or children, or shall, the mother living, sell any slave child or children of ten years of age, or under, separate from said mother, said person or persons shall be fined not less than one thousand nor more than two thousand dollars, and be imprisoned in the public jail for a period of not less than six months nor more than one year."

    The privation of religious instruction, as represented by Mrs. Stowe, is utterly unfounded in fact. The largest churches in the Union consist entirely of slaves. The first African church in Louisville, which numbers fifteen hundred persons, and the first African church in Augusta, which numbers thirteen liundred, are specimens. On multitudes of the large plantations in the different parts of the South the ordinances of the gospel are as regularly maintained, by competent ministers, as in any other communities, north or soutri. A larger proportion of the slave population are in communion with some Christian church, than of the white population in any part of the country. A very considerable portion of every southern congregation, either in city or country, is sure to consist of blacks; whereas, of our northern churches, not a colored person is to be seen in one out of fifty.

    The peculiar falsity of this whole book consists in making exceptional or impossible cases the rep-

    -67-



    (pp 68-69)


    hold the legal relation still, only because not yet clear with regard to the best way of changing it, so as to better the condition of those held. Such are most earnest advocates for state emancipation, and are friends of anything, written in a right spirit, which tends in that direction. From such the author [Stowe] ever receives criticisms with pleasure.

    She has endeavored to lay before the world, in the fullest manner, all that can be objected to her work, that both sides may have an opportunity of impartial hearing

    When citing "Uncle Tom's Cabin," though entirely unaware and unexpectant of the importance which would be attached to its statements and opinions, the author [Stowe] of that work was anxious, from love of consistency, to have some understanding of the laws of the slave system. She had in hand for reference, while writing, the Code Noir of Louisiana, and a sketch of the laws relating to slavery in the different states, by Judge Stroud, of Philadelphia.

    Ed. Note: Full Citation: George M. Stroud (1795-1875), A Sketch of the Laws Relating to Slavery in the Several States of the United States of America (Philadelphia: Kimber and Sharpless, 1827)

    This work, professing to have been compiled with great care from the latest editions of the statute-books of the several states, the author supposed to be a sufficient guide for the writing of a work of fiction.*

    As the accuracy of those statements which relate to the slave-laws has been particularly contested, a more especial inquiry has been made in this direction. Under the guidance and with the assistance of legal gentlemen of high standing, the writer [Stowe] has proceeded to examine the statements of Judge Stroud with regard to statute-law, and to follow them up with some inquiry into the decisions of courts. The result has been an increasing conviction on her part that the impressions first derived from Judge Stroud's work were correct; and the author now can only give the words of St. Clare, as the best possible expression of the sentiments and opinion which this course of reading has awakened in her mind.

    This cursed business, accursed of God and man,—what is it? Strip it of all its ornament, run it down to the root and nucleus of the whole, and what is it? Why, because my brother Quashy is ignorant and weak, and I am intelligent and strong,—because I know how, and can do it,—therefore I may steal all he has, keep it, and give him only such and so much as suits my fancy!
    • Whatever is too hard, too dirty, too disagreeable for me, I may set Quashy to doing.

    • Because I don't like work, Quashy shall work. Because the sun burns me, Quashy shall stay in the sun.

    • Quashy shall earn the money, and I will spend it.

    • Quashy shall lie down in every puddle, that I may walk over dry shod.

    • Quashy shall do my will, and not his, all the days of his mortal life, and have such a chance of getting to heaven at last as I find convenient.
    This I take to be about what slavery is.

    I defy anybody on earth to read our slave-code, as it stands in our law-books, and make anything else of it. Talk of the abuses of slavery! Humbug! The thing itself is the essence of all abuse. And the only reason why the land don't sink under it [yet], like Sodom and Gomorrah, is because it is used in a way infinitely better than it is.

    For pity's sake, for shame's sake, because we are men born of women, and not savage beasts, many of us do not, and dare not,—we would scorn to use the full power which our savage laws put into our hands. And he who goes the furthest, and does the worst, only uses within limits the power that the law gives him.

    The author [Stowe] still holds to the opinion that slavery in itself, as legally defined in law-books and expressed in the records of courts, is [Ed. Note: as Wesley had said] the SUM AND ESSENCE OF ALL ABUSES; and she still clings to the [naif] hope that there are many men at the South infinitely better than their laws; and after the reader has read all the extracts which she has to make, for the sake of a common humanity they will hope the same.

    The author must state, with regard to some passages which she must quote, that the language of certain enactments was so incredible that she would not take it on the authority of any compilation whatever, but copied it with her own hand from the latest edition of the statute-book where it stood and still stands.


    Chapter II.

    What is Slavery?

    THE author will now enter int« a consideration of slavery as it stands revealed in slave-law.

    What is it, according to the definition of law-books and of legal interpreters?

    "A slave," says the law of Louisiana, "is one who is in the power of a master [extortioner, to whom he belongs. The master may sell him, dispose of his person, his industry nnd his labor; he can do nothing, possess nothing, nor acquire anything, but what must belong to his master."—Civil Code, Art. 35.

    South Carolina says "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 WHATSOEVER."—2 Brev. Dig. 229; Prince's Digest, 446.

    The law of Georgia is similar.

    Let the reader reflect on the extent of the meaning in this last clause. Judge
    ____________
    *In this connection it may be well to state that the [1827] work of Judge Stroud is now [1853] out of print, but that a work of the same character is in course of preparation by William I. Bowditch, Esq., of Boston, which will bring the subject out, by the assistance of the 1atest editions of statutes, and the most recent decisions of courts.

    -70-


    (pp 71-75)


    ture, under the king's peace, with malice aforethought, express or implied, is murder at common law. Is not a slave a reaaonable creature?—is he not a human being? And the meaning of this phrase, reasonable creature, is, a human being. For the killing a lunatic, an idiot, or even a child unborn, is murder, as much as the killing a philosopher; and has not the slave as much reason as a lunatic, an idiot, or an unborn child?

    Thus triumphantly, in this nineteenth century of the Christian era [1820] and in the State of Mississippi, has it been made to appear that the slave is a reasonable creature,—a human being!

    What sort of system, what sort of a public sentiment, was that which made this argument necessary?

    And let us look at some of the admissions of this argument with regard to the nature of slavery. According to the Judge, it is depriving human beings of many of their rights. Thus he says:

    "Because individuals may have been deprived of many of their rights by society, it does not follow that they have been deprived of all their rights."

    Again, he says of the slave:

    "He is still a human being, and possesses all those rights of which he is not deprived by the positive provisions of the law."

    Here he admits that the provisions of law deprive the slave of natural rights. Again he say:

    "The right of the master exists not by force of the law of nature or of nations, but by virtue only of the positive law of the state.

    According to the decision of this [Mississippi Supreme Court pro-slavery] judge, therefore, slavery exists by the same right that robbery or oppression of any kind does,—the right of ability. A gang of robbers associated into a society have rights over all the neighboring property that they can acquire, of precisely the same kind.

    With the same unconscious serenity does the law apply that principle of force and robbery which is the essence of slavery, and show how far the master may proceed in appropriating another human being as his property.

    The question arises, May a master give a woman to one person, and her unborn children to another one? Let us hear the case argued.

    Wheeler, p 28
    Banks, Admin'r v Marksbury
    Spring T. 1823
    3 Little's Rep. 275

    The unfortunate mother selected as the test point of this interesting legal principle comes to our view in the will of one Samuel Marksbury, under the style and denomination of "my negro wench Pen." Said Samuel states in his will that, for the good will and love he bears to his own children, he gives said negro wench Pen to son Samuel, and all her future increase to daughter Rachael. When daughter Rachael, therefore, marries, her husband sets up a claim for this increase,—as it is stated, quite off-hand, that the "wench had several children."

    Here comes a beautifully interesting case, quite stimulating to legal acumen. Inferior court decides that Samuel Marksbury could not have given away unborn children on the strength of the legal maxim, "Nemo dat quad non habet,"—i. e., "Nobody can give what he has not got,"—which certainly one should think sensible and satisfactory enough. The case, however, is appealed, and reversed in the superior court; and now let us hear the reasoning.

    The Judge acknowledges the force of the maxim above quoted,—says, as one would think any man might say, that it is quite a correct maxim,—the only difficulty being that it does not at all apply to the present case. Let us hear him:

    He who is the absolute owner of a thing, owns all its faculties for profit or increase; and he may, no doubt, grannt the profits or increase, as well as the thing itself. Thus, it is every day's practice to grant the future rents or profits of real estate; and it is held that a man may grant the wool of a flock of sheep for years.

    See also p. 33, Fanny v. Bryant, 4 J. J. Marshall's Rep., 868. In this almost precisely the same language is used. If the reader will proceed, he will find also this principle applied with equal clearness to the hiring, selling, mortgaging of unborn children; and the perfect legal nonchalance of these discussions is only comparable to running a dissecting-knife through the course of all the heart-strings of a living subject, for the purpose of demonstrating the laws of nervous contraction.


    Judge [George M.] Stroud [1795-1875], in his sketch of the slave-laws [Philadelphia: Kimber and Sharpless, 1827], page 99, lays down for proof the following assertion: That the penal codes of the slave states bear much more severely on slaves than on white persons. He introduces his consideration of this proposition by the following humane and sensible remarks:

    A being, ignorant of letters, unenlightened by religion, and deriving but little instruction from good example, cannot be supposed to have right conceptions as to the nature and extent of moral or political obligations. This remark, with but a slight qualification, is applicable to the condition of the slave. It has been just shown that the benefits of education are not conferred upon him, while his chance of acquiring a knowledge of the precepts of the gospel is so remote as scarcely to be appreciated. He may be regarded, therefore,

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    as almost without the capacity to comprehend the force of laws; and, on this account, such as are designed for his government should be recommended by their simplicity and mildness.

    His condition suggests another motive for tenderness on his behalf in these particulars. He is unable to read, and holding little or no communication with those who are better informed than himself, how is he to become acquainted with the fact that a law for his observance has been made?

    To exact obedience to a law which has not been promulgated,—which is unknown to the subject of it—has ever [always] been deemed most unjust and tyrannical. The reign of [crazed Roman Emperor] Caligula [27 A.D. - 31 A.D.], were it obnoxious to no other reproach than this, would never cease to be remembered with abhorrence.

    The lawgivers of the slaveholding states seem, in the formation of their penal codes, to have been uninfluenced by these claims of the slave upon their compassionate consideration. The hardened convict moves their sympathy, and is to be taught the laws before he is expected to obey them; yet the guiltless slave is subjected to an extensive system of cruel enactments, of no part of which, probably, has he ever heard.

    Parts of this system apply to the slave exclusively, and for every infraction a large retribution is demanded; while, with respect to offences for which whites as well as slaves are amenable, punishments of much greater seventy are inflicted upon the latter than upon the former.

    This heavy charge of Judge Stroud is sustained by twenty pages of proof, showing the very great disproportion between the number of offences made capital for slaves, and those that are so for whites. Concerning this, we find the following cool remark in Wheeler's Law of Slavery, page 222, note.

    Much has been made of the disparity of punishment between the white inhabitants and the slaves and negroes of the same state; that slaves are punished with much more severity, for the commission of similar crimes, by white persons, than the latter.

    Ed. Note: Rev. Silas McKeen, Scriptural Argument (1848), p 8, reported similarly.

    The charge is undoubtedly true. It must be remembered that the primary object of the enactment of penal laws, is the protection and security of those who make them.

    The slave has no agency in making them. He is indeed one cause of the apprehended evils to the other class, which those laws are expected to remedy. That he should be held amenable for a violation of those rules established for the security of the other, is the natural result of the state in which he is placed. And the severity of those rules will always bear a relation to that danger, real or ideal [imagined], of the other class.

    It has been so among all nations, and will ever continue to be so, while the disparity between bond and free remains.

    The State v Mann
    Dec. Term, 1829; 2 Devereux's
    North Carolina Rep. 263
    [13 NC 263 (1829)]

    A striking example of a legal decision of this [pro-torture] purport is given in Wheeler's Law of Slavery, page 224. The case, apart from legal technicalities may be thus briefly stated:

    The defendant, Mann, had hired a slave-woman for a year. During this time, the slave committed some slight offence, for which the defendant undertook to chastise her. While in the act of doing so, the slave ran off, whereat he shot at and wounded her.

    [Mann was arrested and given a jury trial.] The judge in the inferior [lower] court charged the jury that if they believed the punishment was cruel and unwarrantable, and disproportioned to the offence, in law the defendant was guilty, as he had only a special property in the slave. The jury finding evidence that the punishment had been cruel, unwarrantable and disproportioned to the offence, found verdict against the defendant. But on what ground?—Because, according to the law of North Carolina, cruel, unwarrantable, disproportionate punishment of a slave from a master, is an indictable offense? No. They decided against the defendant, not because the punishment was cruel and unwarrantable, but because he was not the person who had the right to inflict it, "as he had only a SPECIAL right of property in the slave."

    The defendant appealed to a higher court; and the decision was reversed, on the ground that the hirer has for the time being all the rights of the master. The remarks of Judge Ruffin are so characteristic, and so strongly express the conflict between the feelings of the humane judge and the logical necessity of a strict interpreter of slave-law, that we shall quote largely from it. One cannot but admire the unflinching calmness with which a man, evidently possessed of honorable and humane feelings, walks through the most extreme and ternble results and conclusions, in obedience to the laws of legal truth. Thus he says:

    A judge cannot but lament, when such cases as the present are brought into judgment. It is impossible that the reasons on which they go can be appreciated, but [except] where institutions similar to our own exist, and are thoroughly understood.

    The struggle, too, in the judge's own breast, between the feelings of the man and the duty of the magistrate, is a severe one, presenting strong temptation to put aside such questions, if it be possible.

    It is useless, however, to complain of things inherent in our political state. And it is criminal in a court to avoid any responsibility which the laws impose.

    With whatever reluctance, therefore, it is done, the court is compelled to express an opinion upon the extent of the dominion of the master over the slave in North Carolina. The indictment charges a battery on Lydia, a slave of Elizabeth Jones . . . .

    The inquiry here is, whether a cruel and unreasonable battery on a slave by the hirer is indictable. The judge below instructed the jury that it is. He seems to have put it on the ground, that the defendant had but a special property.

    Our laws uniformly treat the master, or other person having the possession

    -77-


    and command of the slave, as entitled to the same extent of authority. The object is the same, the service of the slave; and the same [extortion] powers must be confided. In a criminal proceeding, and, indeed, in reference to all other persons but the general owner, the hirer and possessor of the slave, in relation to both rights and duties, is, for the time being, the owner. . . . But, upon the general question whether the owner is answerable criminaliter, for a battery upon his own slave, or other exercise of authority of force, not forbidden by statute, the [demonized, Constitution-ignoring] court entertains but little doubt.

    That he is so liable has never been decided; nor, so far as is known, been hitherto contended. There has been no prosecution of the sort.

    Ed. Note: This ignores numerous pro-freedom precedents.

    The established habits and uniform practice of the country, in this respect, is the best evidence of the portion of power deemed by the whole community requisite to the preservation of the master's dominion. If we thought differently, we could not set our notions in array against the judgment of everybody else, and say that this or that authority may be safely lopped off.

    Ed. Note: This ignores the fact that law controls habits and practice, not vice versa.

    This has indeed been assimilated at the bar to the other domestic relations: and arguments drawn from the well-established principles, which confer and restrain the authority of the parent over the child, the tutor over the pupil, the master over the apprentice, have been pressed on us.

    The [demonized] court does not recognise their application There is no likeness between the cases. They are in opposition to each other, and there is an impassable gulf between them. The difference is that which exists between freedom and slavery; and a greater cannot be imagined.

    In the one, the end in view is the happiness of the youth born to equal rights with that governor on whom the duty devolves of training the young to usefulness, in a station which he is afterwards to assume among freemen. To such an end, and with such a subject, moral and intellectual instruction seem the natural means; and, for the most part, they are found to suffice. Moderate force is superadded only to make the others effectual. If that fails, it is better to leave the party to his own headstrong passions, and the ultimate correction of the law, than to allow it to be immoderatrly inflicted by a private person.

    With slavery it is far otherwise. The end is the profit of the master, his security and the public safety: the subject, one [unconstitutionally] doomed, in his own person and his posterity, to live without knowledge, and without the capacity to make anything his own, and to toil that another may reap the fruits.

    What moral considerations shall be addressed to such a being, to convince him what it is impossible but that the most stupid must feel and know can never be true,—that he is thus to labor upon a principle of natural duty, or for the sake of his own personal happiness!

    Such services can only be expected from one who has no will of his own; who surrenders his will in implicit obedience to that of another. Such obedience is the consequence only of uncontrolled authority over the body [unlimited right to torture]. There is nothing else which can operate to produce the effect.

    THE POWER OF THE MASTER MUST BE ABSOLUTE, TO RENDER [extort] THE SUBMISSION OF THE SLAVE PERFECT.

    I most freely confess my sense of the harshness of this proposition. I feel it as deeply as any man can. And, as a principle of moral right, every person in his retirement must repudiate it. But, in the actual condition of things, it must be so. There is no remedy. This [torture] discipline belongs to the state of slavery. They cannot be disunited without abrogating at once the rights of the master, and absolving the slave from his subjection. It constitutes the curse of slavery to both the bond and the free portions of our population. But it is inherent in the relation of master and slave.

    That there may be particular instances of cruelty and deliberate barbarity [e.g., the Souther case], where in conscience the law might properly interfere, is most probable. The difficulty is to determine where a court may properly begin.

    Ed. Note: Again, the court is being untruthful. It is easy to know where to begin, e.g.,
  • follow the Somerset precedent
  • enforce the common law
  • enforce the Constitution
  • enforce the bill of rights.
  • Merely in the abstract, it may well be asked which power of the master accords with right. The answer will probably sweep away all of them.

    But we [demonized judges] cannot look at the matter in that [moral] light. The truth is that we are forbidden to enter upon a train of general reasoning on the subject.

    Ed. Note: By judges' lifelong pattern of morally depravity so pervasive as to have become "dead in trespasses and sins" [Ephesians 2:1]," resistant to moral truth, perseveringly defending evil, having seared the conscience [1 Tim. 4:2], and quenching the Holy Spirit [1 Thess. 5:19].
    That is a self-induced awful paralysis of the moral sense [abulia/anomie], when deeds unholiest and crimes most fearful cease any longer to affect the nerve and reasoning.—See p 128, infra.

    We [thus depraved] cannot allow the right of the master to be brought into discussion in the courts of justice. The slave, to remain a slave, must be made sensible that there is no appeal from his master; that his power is, in no instance, usurped, but is conferred by the laws of man, at least, if not by the law of God. The danger would be great, indeed, if the tribunals of justice should be called on to graduate the punishment appropriate to every temper and every dereliction of menial duty.

    No man can anticipate the many and aggravated provocations of the master which the slave would be constantly stimulated by his own passions, or the instigation of others, to give; or the consequent wrath of the master, prompting him to bloody vengeance upon the turbulent traitor; a vengeance generally practiced with impunity, by reason of its privacy. The court, therefore disclaims the [habeas corpus] power of changing the relation in which these parts of our people stand to each other.

    Ed. Note: This depraved, demonized court explicitly refuses to do its duty to, e.g.,
  • follow the Somerset precedent
  • enforce the common law
  • enforce the Constitution
  • enforce the bill of rights.
  • * * * * * * * * * * * * *

    I repeat, that I would gladly have avoided this ungrateful question. But, being brought to it, the court is compelled to declare that while slavery [unconstitutionally] exists amongst us in its present state, or until it shall seem fit to the legislature to interpose express enactments to the contrary, it will be the imperative duty of the judges to recognize the full dominion of the owner over the slave, except where the exercise of it is forbidden by statute.

    Ed. Note: This depraved, demonized court does not even follow precedents under, e.g.,
  • the Somerset precedent
  • the common law
  • the Constitution
  • the bill of rights.
  • And this [disregard of the above] we do upon the ground that this [unconstitutional] dominion is essential to the value of slaves as property, to the security of the master and the public tranquillity, greatly dependent upon their subordination; and, in fine, as most effectually securing the general protection and comfort of the slaves themselves. Judgment below reversed; and judgment entered for the defendant.

    No one can read this [immoral] decision, so fine and clear in expression, so dignified and solemn in its earnestness, and so dreadful in its results, without feeling at once deep respect for the man and horror for the system.

    Ed. Note: See related court cases:
  • Commonwealth v Harris
  • State v Souther
  • Commonwealth v Lewis
    See also Nazi-era context.
  • The man, judging him from this short specimen, which is all author [Stowe] knows,* has one of that high order of minds, which looks straight through all verbiage and sophistry to the heart of every subject which it encounters. He has, too, that noble
    ____________
    * More recently the author has met with a passage in a North Carolina newspaper, containing some further par-

    -78-

    scorn of dissimulation, that straightforward determination not to call a bad thing by a good name, even when most popular and reputable and [supposedly] legal, which it is to be wished could be more frequently seen, both in our Northern and Southern States. There is but one sole regret, and that is that such a man, with such a mind, should have been merely an expositor, and not a reformer of law.

    Ed. Note: For another analysis, see, e.g., Mark V. Tushnet, Slave Law in the American South: STATE v. MANN in History and Literature (University Press of Kansas, 2003); and book review by Keith E. Whittington.


    Chapter III.

    Souther v. The Commonwealth—The
    Ne Plus Ultra of Legal Humanity.

    "Yet in the face of such laws and decisions as these! Mrs. Stowe, &c."—Courier & Enquirer.

    THE case of Souther v the Commonwealth [48 Va 673 (1851)], has been cited by the Courier & Enquirer as a particularly favorable specimen of judicial proceedings under the slave code, with the following remark:

    "And yet, in the face of such laws and decisions as these, Mrs. Stowe winds up a long series of cruelties upon her other black personages, by causing her faultless hero, Tom, to be literally whipped to death in Louisiana, by his master Legree; and these acts, which the laws make criminal, and punish as such, she sets forth in the most repulsive colors, to illustrate the institution of slavery!

    By the above language the author [Stowe] was led into the supposition that this case had been conducted in a manner so creditable to the feelings of our common humanity as to present a fairer side of criminal jurisprudence in this respect.

    She accordingly took the pains to procure a report of the case [at law library], designing to publish it as an offset to the many barbarities which research into this branch of the subject obliges one to unfold.

    A legal gentleman has copied the case from Grattan's Reports [the official lawbook source], and it is here given. If the reader is astounded at it, he cannot be more so than was the writer [Stowe].

    Ed. Note: Reader Advisory: This is a torture-murder case, by 'poor white trash.'
    And see overall slavery-characteristcs list.

    Souther v The Commonwealth. 7 Grattan, 673, 1851.

    The killing of a slave by his master and owner, by wilful and excessive whipping, is murder in the first degree; though it may not have been the purpose and intention of the master and owner to kill the slave.

    Simeon Souther was indicted at the October Term, 1850, of the Circuit Court for the County of Hanover, for the murder of his own slave The indictment contained fifteen counts, in which the various modes of punishment and torture by which the homicide was charged to have been committed were stated singly, and in various combinations. The fifteenth count unites them all and, as the court certifies that the indictment was sustained by the evidence, the giving the facts stated in that count will show what was the charge against the prisoner, and what was the proof to sustain it.

    The count charged that on the lst day of September, 1849, the prisoner tied his negro slave, Sam, with ropes about his wrists, neck, body, legs and ankles, to a tree. That whilst so tied, the prisoner first whipped the slave with switches. That he next beat and cobbed the slave with a shingle, and compelled two of his slaves, a man and a woman, also to cob the deceased with the shingle. That whilst the deceased was so tied to the tree, the prisoner did strike, knock, kick, stamp and beat him upon various parts of his head, face and body; that he applied fire to his body , * * * that he then washed his body with warm water, in which pods of red pepper had been put and steeped, and he compelled his two slaves aforesaid also to wash him with this same preparation of warm water and red pepper. That after the tying, whipping, cobbing, striking, beating, knocking, kicking, stamping, wounding, bruising, lacerating, burning, washing and torturing, as

    ____________
    ticulars of the life of Judge Ruffin, which have proved interesting to her [Stowe], and may also to the reader.

    From the Raleigh (N.C.) Register.

    RESIGNATION OF THE CHIEF JUSTICE
    OF THE STATE OF NORTH CAROLINA.

    We publish below the letter of Chief Justice Ruffin of the Supreme Court, resigning his seat on the bench

    This act takes us, and no less will it take the state, by surrprise The public are not prepared for it, and we doubt not there will scarcely be an exception to the deep and general regret which will be felt throughout the state. Judge Ruffin's great and unsurpassed legal learning, his untiring industry, the ease with which he mastered the details and comprehended the whole of the most complicated cases, were the admiration of the bar; and it has become a common saying of the ablest lawyers of the state, for a long time past, that his place on the bench could be supplied by no other than himself.

    He is now, as we learn, in the sixty-fifth year of his age, in full possession of his usual excellent health, unaffected, so far as we can discover, in his natural vigor and strength, and certainly without any symptom of mental decay.

    Forty-five years ago [1807] he commenced the practice of the law. He has been on the bench twenty-eight years [since 1824], of which time he has been one of the Supreme Court twenty-three years [since 1829]. During this long public career he has, in a pecuniary point of view, sacrificed many thousands; for there has been no time of it in which he might not, with perfect ease, have doubled, by practice, the amount of his salary as judge.


    To the Honorable the General Assembly of North Carolina,
    now in session

    "Gentlemen: I desire to retire to the walks of private life, and therefore pray your honorable body to accept the resignation of my place on the bench of the Supreme Court. In surrendering this trust, I would wish to express my grateful sense of the confidence and honors so often and so long bestowed on me by the General Assembly. But I have no language to do it suitably. I am very sensible that they were far beyond my deserts, and that I have made an insufficient return of the service. Yet I can truly aver that, to the best of my ability, I have administered the lawr as I understood it, and to the ends of suppressing crime and wrong, and upholding virtue, truth and right, aiming to give confidence to honest men, and to confirm in all good citizens love for our country, and a pure trust in her law and magistrates.

    "In my place I hope I have contnbuted to theas ends, and I firmly believe that our laws will, as heretofore, be executed, and our people happy in the administration of justice, honest and contented, as long as they keep, and only so long as they keep, the independent and sound judiciary now established in the constitution, which, with all other blessings, I earnestly pray may be perpetuated to the people of North Carolina

    "I have the honor to be, gentlemen, your most obliged and obedient servant,

    THOMAS RUFFIN.

    "Raleigh, November 10, 1852."

    -79-

    aforesaid, the prisoner untied the deceased [Sam] from the tree in such wiiy as to throw him with violence to the ground; and he then and there did knock, kick, stamp and beat the deceased upon his head, temples, and various parts of his body.

    That the prisoner [Souther] then had the deceased carried into a shed-room of his house, and there he compelled one of his slaves, in his presence, to confine the deceased's feet in stocks, by making his legs fast to a piece of timber, and to tie a rope about the neck of the deceased, and fasten it to a bed-post in the room, thereby strangling, choking and suffocating the deceased.

    And that whilst the deceased was thus made fast in stocks as aforesaid, the prisoner did kick, knock, stamp and beat him upon his head, face, breast, belly, sides, back and body; and he again compelled his two slaves to apply fire to the body of the deceased, whilst he was so made fast as aforesaid.

    And the count charged that from these various modes of punishment and torture the slave Sam then and there died. It appeared that the prisoner [Souther] commenced the punishment of the deceased in the morning, and that it was continued throughout the day; and that the deceased died in the presence of the prisoner, and one of his slaves, and one of the [poor white trash] witnesses, whilst the punishment was still progressing.

    Field, J. delivered the opinion [decision] of the court.

    The prisoner [Souther] was indicted and convicted of murder in the second decree, in the Circuit Court of Hanover, at its April term last past, and was sentenced to the penitentiary for five years, the period of time ascertained by the jury.

    The murder consisted in the killing of a negro man-slave hy the name of Sam, the property of the prisoner, by cruel and excessive whipping and torture, inflicted by Souther, aided by two of hi» other slaves, on the 1st day of September, 1849.

    The prisoner [felt he was wrongly convicted and] moved for a new trial, upon the ground that the offence, if any, amounted only to manslaughter. The motion for a new trial was overruled, and a bill of exceptions taken to the opinion of the court, setting forth the facts proved, or as many of them as were deemed material for the consideration of the application for a now trial. The bill of exception [by Souther] states:

  • That the slave Sam, in the indictment mentioned, was the slave and property of the prisoner [Souther].

  • That for the purpose of chastising the slave for the offence of getting drunk, and dealing as the slave confessed and alleged with Henry and Stone, two of the [poor white trash] witnesses for the Commonwealth [county prosecutor], he caused him to be tied and punished in the presence of the said witnesses, with the exception of slight whipping with peach or apple-tree switches, before the said witnesses arrived at the scene after they were sent for by the prisoner (who were present by request from the defendant), and of several slaves of the prisoner, in the manner and by the means charged in the indictment;

  • and the said slave died under and from the infliction of the said punishment, in the presence of the prisoner, one of his slaves, and of one of the witnesses for the Commonwealth.

  • But it did not appear that it was the design of the prisoner [Souther] to kill the said slave [Sam], unless such design be properly inferable from the manner, means and duration, of the punishment.

  • And, on the contrary, it did appear that the prisoner frequently declared, while the said slave was undergoing the punishmnent, that he [Souther] believed the said slave was feigning, and pretending to be suffering and injured when he was not.
  • The [county] judge certifies that the slave was punished in the manner and by the means charged in the indictment. The indictment contains fifteen counts, and sets forth a case of the most cruel and excessive whipping and torture.*

    • • • • • • • • • • • • • •

    It is believed that the records of criminal jurisprudence do not contain a case of more atrocious and wicked cruelty than was presented upon the trial of Souther; and yet it has been gravely and earnestly contended here by his [demonized lawyer] counsel that his [Souther's] offence amounts to manslaughter only.

    It has been contended by the counsel of the prisoner that a man cannot be indicted and prosecuted for the cruel and excessive whipping of his own slave. That it is lawful for the master to chastise his slave, and that if death ensues from such chastisement, unless it was intended to produce death, it is like the case of homicide which is committed by a man in the performance of a lawful act, which is manslaughter only.

    [The depraved court admitted that] It has been decided by this [demonized] court in [Commonwealth v] Turner's Case, 5 Rand [26 Va 678 (1827)], that the owner of a slave, for the malicious, cruel and excessive beating of his own slave, cannot be indicted [even for simple assault and battery]; yet it by no means follows, when such malicious, cruel and excessive beating results in death [witnessed by whites], though not intended and premeditated, that the beating is to be regarded as lawful for the purpose of reducing the crime to manslaughter, when the whipping is inflicted for the sole purpose of chastisement [for past action].

    It is the policy of [the perverted legislators writing] the [unconstitutional] law, in respect to the relation of master and slave, and for the sake of securing proper subordination and obedience on the part of the slave, to protect the master  from prosecution in all such cases, even if the whipping and punishment be malicious, cruel and excessive.

    But in so inflicting punishment for the sake of punishment, the owner of the slave acts at his peril; and if death ensues in consequence of such punishment, the relation of master and slave affords no ground of excuse or palliation.

    The principles of the common law, in relation to homicidc, apply to his case without qualification or exception; and according to those principles, the act of the prisoner [Souther], in the case under consideration, amounted to murder. * * * The crime of the prisoner is not manslaughter, but murder in the first degree.

    On the case now presented there are some remarks to be made.

    Ed. Note: Souther's lawyer would have advised him, 'to avoid conviction next time, privacy, no white witnesses!'

    This scene of torture, it seems, occupied about twelve hours. It occured in the State of Virginia, in the County of Hanover. Two white men were witnesses to nearly the whole proceeding, and, so far as we can see, made no effort to arouse the neighborhood and bring in help to stop the outrage. What sort of an education, what habits of thought, does this presuppose in these men?

    Ed. Note: For answer, see Stowe's chapter on poor white trash, and references therein, especially Charles Sumner's material on Southern
  • illiteracy
  • poor education
  • fights
  • lawlessness
  • dueling.
    Torture in the South continued. For examples, see
  • lynching related falsehoods behind lynching and torturing, detailed by Prof. David Pilgrim, "The Brute Caricature" (Ferris State Univ, Nov 2000)
  • details on the 1963 murders of three civil rights workers, and torture of one, by Reporter Jerry Mitchell, "Experts: Autopsy reveals beating Chaney wasn't just shot to death, pathologists insist" (Clarion-Ledger, 4 June 2000).
  • The [murder] case was brought to trial. It re-
    ____________
    * The following is Judge Field's statement of the punishment.

    The negro was tied to a tree and whipped with switches. When Souther became fatigued with the labor of whipping, he called upon a negro man of his, and made him cub Sam with a shingle. He also made a negro woman of his help to cob him. And, after cobbing and whipping, he aplied fire to the body of the slave. . . . . He [Souther] then caused him [Sam] to be washed down with hot water, in which pods of red pepper had been steeped. The negro was also tied to a log and to the bed-post with ropes, which choked him, and he was kicked and stamped by Souther. This sort of punishment was continued and repeated until the negro died under its infliction.

    -80-


    (pp 81-82)


    Chapter IV.

    Protective Statutes.

    Apprentices protected.—Outlawry—Melodrama of Prue
    in the Swamp.—Harry the Carpenter, a Romance of Real Life.

    BUT the question now occurs, Are there not protective statutes, the avowed object of which is the protection of the life and limb of the slave? We answer, there are; and these protective statutes are some of the most remarkable pieces of legislation extant.

    That they were dictated by a spirit of humanity, charity, which hopeth all things, would lend us to hope; but no newspaper stories of bloody murders and shocking outrages convey to the mind so dreadful a picture of the numbness of public sentiment caused by slavery as those so-called protective statutes.

    Ed. Note: For weaknesses of such laws, see Rev. John Rankin, Letters, pp 54-56.

    The author [Stowe] copies the following from the statutes of North Carolina. Section 3d of the act passed in 1798 runs thus:

    Whereas by another Act of the Assembly, passed in 1774, the killing of a slave, however wanton, cruel aod deliberate, is only punishable in the first instance by imprisonment and paying the value thereof to the owner, which distinction of criminality between the murder of a white person and one who is equally a human creature, but merely of a different complexion, is DISGRACEFUL TO HUMANITY, AND DEGRADING IN THE HIGHEST DEGREE TO THE LAWS AND PRINCIPLES OF A FREE, CHRISTIAN AND ENLIGHTENED COUNTRY,

    Be it enacted, &c.,

    That if any person shall hereafter be guilty of wilfully and maliciously killing a slave, such offender shall, upon the first conviction thereof, be adjudged guilty of murder, and shall suffer the same punishment as if he had killed a free man. Provided always, this act shall not extend to the person killing a slave OUTLAWED BY VIRTUE OF ANY ACT OF ASSEMBLY OF THIS STATE, or to any slave in the act of resistance to his lawful owner or master, or to any slave dying under moderate correction."

    A law with a like proviso, except the outlawry clause, exists in Tennessee. See Caruthers and Nicholson's Compilation, 1836, p. 676.

    The language of the constitution of Georgia, art. iv., sec. 12, is as follows:

    Any person who shall maliciously dismember or deprive a slave of life shall suffer such punishment as would be indicted in case the like offence had been committed on a free white person, and on the like proof, except in case of insurrrection by such slave, and unless such death should happen by accident in giving such slave moderate correction.—Cobb's Dig., 1851, p. 1125.

    Let now any Englishman or New Englander imagine that such laws with regard to apprentices had ever been proposed in Parliament or State Legislature under the head of protective acts,—laws which in so many words permit the killing of the subject in three cases, and those comprising all the acts which would generally occur under the law; namely, if the slave resist, if he be outlawed, or if he die under moderate correction.

    What rule in the world will ever prove correction immoderate, if the fact that the subject dies under it is not held as proof? How many such "accidents" would have to happen in Old England or New England, before Parliament or Legislature would hear from such a protective law.

    "But," some one may ask, "what is the outlawry spoken of in this act?" The question is pertinent, and must be answered. The author [Stowe] has copied the following from the Revised Statutes of North Carolina, chap. cxi, sec. 22. It may be remarked in passing that the preamble to this law presents rather a new view of slavery to those who have formed their ideas from certain pictures of blissful contentment and Arcadian repose, which have been much in vogue of late.

    Whereas, MANY TIMES slaves run away and lie out, hid and lurking in swamps, woods, and other obscure places, killing cattle and hogs, and committing other injuries to the inhabitants of this state;

    in all such cases, upon intelligence of any slave or slaves lying out as aforesaid, any two justices of the peace for the county wherein such slave or slaves is or are supposed to lurk or do mischief, shall, and they are hereby empowered and required to issue proclamation against such slave or slaves (reciting his or their names, and the name or names of the owner or owners, if known), thereby requiring him or them, and every of them, forthwith to surrender him or themselves;

    and also to empower and require the sheriff of the said county to take such power with him as he shall think fit and necessary for going in search and pursuit of, and effectually apprehending, such outlying slave or slav