le of slave law. The advocates of slavery
seem to regard it as a necessary consequence of the system, which
neither admits of concealment, nor needs it. "In one or two of our
States this rule is founded upon _usage_; in others it is sanctioned
by _express legislation_."
So long as this rule is acted upon, it is very plain, that all
regulations made for the protection of the slave are perfectly
useless;--however grievous his wrongs, they _cannot be proved_. The
master is merely obliged to take the precaution not to starve, or
mangle, or murder his negroes, _in the presence of a white man_. No
matter if five hundred colored people be present, they cannot testify
to the fact. Blackstone remarks, that "rights would be declared in
vain, and in vain directed to be observed, if there were no method of
recovering and asserting those rights, when wrongfully withheld, or
invaded."
Stephens says: "It seems to result from the brief and general accounts
which we have of the law of the Spanish and Portuguese settlements,
though I find it nowhere expressly noticed, that slaves there are not,
in all cases at least, incompetent witnesses. But even in the French
Windward Islands the evidence of negro slaves was admitted against all
free persons, the master only excepted; and that in criminal as well as
in civil cases, where the testimony of white people could not be found
to establish the facts in dispute. The _Code Noir_ merely allowed a
slave's testimony to be heard by the judge, as a suggestion which might
throw light on other evidence, without amounting of itself to any
degree of legal proof. But the Sovereign Council of Martinique, humbly
represented to his majesty that great inconveniences might result from
the execution of this law, by the _impunity_ of many crimes, which
_could not be proved otherwise than by the testimony of slaves_; and
they prayed that such evidence might be received in all cases in which
there should not be sufficient proof by free witnesses. In consequence
of this, the article in question was varied so far as to admit the
testimony of slaves, when white witnesses were wanting, except against
their masters."
PROP. 6.--_The master has absolute power to punish a slave, &c._
Stroud says, "There was a time in many, if not in all the slaveholding
districts of our country, when the murder of a slave was followed by a
pecuniary fine only. In one State, the change of the law in this respect
has been very r
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