To be sure, the penalty was slight for so great an offense, but public opinion in Brazil, especially, more than once pointed its finger at the brutal master. In practice, even the slightest defense of a maltreated slave was rarely heard before the magistrates, for no slave in the case of the South could bear witness against a white. In Brazil the ouvidor of the province was the one to punish the cruel master, but then, who would dare report?[1] In Brazil, if a slave was unruly he was to be turned over to state authorities, and duly given a public punishment.[2]
In the Old South it was possible under certain circumstances for the slave to buy his own freedom, that is, if the master was kindly disposed. In Brazil, it is commonly affirmed that the master was obliged to free his slave if the latter could furnish a sum equivalent to his market price.[3] As a matter of practice, it was easy for the master to deny freedom to his slave under such conditions, and the slave for lack of strength would have to accept the outcome meekly. Furthermore, Christie, British envoy extraordinary and minister plenipotentiary in Brazil during the period of the American Civil War, in a letter to Earl Russell in June, 1861, declares that no such law actually exists on the statute books of Brazil, as that the slave has the right to appear before a magistrate, have his price fixed and to purchase his freedom.[4]
Moreover, the Brazilian slave exercised some right to change masters. The master set a price upon his slave. Then the slave with a note, declaring the master's intentions, might seek out some neighboring planter with a good reputation, and if the desired new master decided to pay the price set, the old master, according to Luccock,[5] was obliged to sell the slave. In practice the plan did not work out so well, because one planter did not care to interfere
