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 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 writing "Uncle Tom's Cabin," though entirely unaware and unexpectant of the importance which would be attached to its statements and opinions, the author of that work was anxious, from love of consistency, to have some understanding of the laws of the slave system. She had on 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. 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.[1] 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 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, 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 still holds to the opinion that slavery in itself, as legally defined in law-books and expressed in the records of courts, is the sum and essence of all abuse; and she still clings to the 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 into 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, to whom he
Civil Code,
Art. 35
belongs. The master may sell him, dispose of his person, his industry and his labor; he can do nothing, possess nothing, nor acquire anything, but what must belong to his master." 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,
2 Brev. Dig.
229. Prince's
Digest, 446
and their executors, administrators, and assigns, to all intents, constructions and purposes whatsoever." 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 work of Judge Stroud is now 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 latest editions of statutes, and the most recent decisions of courts.
