d by the authorities at public auction.
Finally, affecting slaves and colored freemen somewhat alike, and
regardless as usual of any distinction of mulattoes or quadroons from the
full-blood negroes, there were manifold restraints of a social character
buttressing the predominance and the distinctive privileges of the
Caucasian caste.
[Footnote 16: _E. g_., Jones, _North Carolina Supreme Court Reports_, VI.
272.]
It may fairly be said that these laws for the securing of slave property
and the police of the colored population were as thorough and stringent as
their framers could make them, and that they left an almost irreducible
minimum of rights and privileges to those whose function and place were
declared to be service and subordination. But in fairness it must also
be said that in adopting this legislation the Southern community largely
belied itself, for whereas the laws were systematically drastic the
citizens in whose interest they were made and in whose hands their
enforcement lay were in practice quite otherwise. It would have required a
European bureaucracy to keep such laws fully effective; the individualistic
South was incapable of the task. If the regulations were seldom relaxed in
the letter they were as rarely enforced in the spirit. The citizens were
too fond of their own liberties to serve willingly as martinets in the
routine administration of their own laws;[17] and in consequence the
marchings of the patrol squads were almost as futile and farcical as the
musters of the militia. The magistrates and constables tended toward a
similar slackness;[18] while on the other hand the masters, easy-going as
they might be in other concerns, were jealous of any infringements of their
own dominion or any abuse of their slaves whether by private persons or
public functionaries. When in 1787, for example, a slave boy in Maryland
reported to his master that two strangers by the name of Maddox had whipped
him for killing a dog while Mr. Samuel Bishop had stood by and let them do
it, the master, who presumably had no means of reaching the two strangers,
wrote Bishop demanding an explanation of his conduct and intimating that
if this were not satisfactorily forthcoming by the next session of court,
proceedings would be begun against him[19]. While this complainant might
not have been able to procure a judgment against a merely acquiescent
bystander, the courts were quite ready to punish actual transgressors.
In sust
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