5th. To argue that the rapid multiplication of any class in the community, is proof that such a class is well-clothed, well-housed, abundantly fed, and very comfortable, is as absurd as to argue that those who have few children, must of course, be ill-clothed, ill-housed, badly lodged, overworked, ill-fed, &c. &c. True, privations and inflictions may be carried to such an extent as to occasion a fearful diminishment of population. That was the case generally with the slave population in the West Indies, and, as has been shown, is true of certain portions of the southern states. But the fact that such an effect is not produced, does not prove that the slaves do not experience great privations and severe inflictions. They may suffer much hardship, and great cruelties, without experiencing so great a derangement of the vital functions as to prevent child-bearing. The Israelites multiplied with astonishing rapidity, under the task-masters and burdens of Egypt. Does this falsify the declarations of Scripture, that 'they sighed by reason of their bondage,' and that the Egyptians 'made them serve with rigor,' and made 'their lives bitter with hard bondage.' 'I have seen,' said God, 'their afflictions. I have beard their groanings,' &c. The history of the human race shows, that great privations and much suffering may be experienced, without materially checking the rapid increase of population.
Besides, if we should give to the objection all it claims, it would merely prove, that the female slaves, or rather a portion of them, are in a comfortable condition; and that, so far as the absolute necessities of life are concerned, the females of child-bearing age, in Delaware, Maryland, northern, western, and middle Virginia, the upper parts of Kentucky and Missouri, and among the mountains of east Tennessee and western North Carolina, are in general tolerably well supplied. The same remark, with some qualifications, may be made of the slaves generally, in those parts of the country where the people are slaveholders, mainly, that they may enjoy the privilege and profit of being slave-breeders.
OBJECTION VIII.—'PUBLIC OPINION IS A PROTECTION TO THE SLAVE.'
ANSWER. It was public opinion that made him a slave. In a republican government the people make the laws, and those laws are merely public opinion in legal forms. We repeat it,—public opinion made them slaves, and keeps them slaves; in other words, it sunk them from men to chattels, and now, forsooth, this same public opinion will see to it, that these chattels are treated like men!
By looking a little into this matter, and finding out how this 'public opinion' (law) protects the slaves in some particulars, we can judge of the amount of its protection in others. 1. It protects the slaves from robbery, by declaring that those who robbed their mothers may rob them and their children. "All negroes, mulattoes, or mestizoes who now are, or shall hereafter be in this province, and all their offspring, are hereby declared to be, and shall remain, forever, hereafter, absolute slaves, and shall follow the condition of the mother."—Law of South Carolina, 2 Brevard's Digest, 229. Others of the slave states have similar laws.
2. It protects their persons, by giving their master a right to flog, wound, and beat them when he pleases. See Devereaux's North Carolina Reports, 263.—Case of the State vs. Mann, 1829; in which the Supreme Court decided, that a master who shot at a female slave and wounded her, because she got loose from him when he was flogging her, and started to run from him, had violated no law, AND COULD NOT BE INDICTED. It has been decided by the highest courts of the slave states generally, that assault and battery upon a slave is not indictable as a criminal offence.
The following decision on this point was made by the Supreme Court of South Carolina in the case of the State vs. Cheetwood, 2 Hill's Reports, 459.
Protection of slaves.—"The criminal offence of assault and battery cannot, at common law, be committed on the person of a slave. For, notwithstanding for some purposes a slave is regarded in law as a person, yet generally he is a mere chattel personal, and his right of personal protection belongs to his master, who can maintain an action of trespass for the battery of his slave.
"There can be therefore no offence against the state for a mere beating of a slave, unaccompanied by any circumstances of cruelty, or an attempt to kill and murder. The peace of the state is not thereby broken; for a slave is not generally regarded as legally capable of being within the peace of the state. He is not a citizen, and is not in that character entitled to her protection."
This 'public opinion' protects the persons of the slaves by depriving them of Jury trial;[[28]] their consciences, by forbidding them to assemble for worship, unless their oppressors are present;[[29]] their characters, by branding them as liars, in denying them their oath in law;[[30]] their modesty, by leaving their master to clothe, or let them go naked, as he pleases;[[31]] and their health, by leaving him to feed or starve them, to work them, wet or dry, with or without sleep, to lodge them, with or without covering, as the whim takes him;[[32]] and their liberty, marriage relations, parental authority, and filial obligations, by annihilating the whole.[[33]] This is the protection which 'PUBLIC OPINION,' in the form of law, affords to the slaves; this is the chivalrous knight, always in stirrups, with lance in rest, to champion the cause of the slaves.