The following is an illustration of the 'public opinion' of South Carolina about fifty years ago. It is taken from Judge Stroud's Sketch of the Slave Laws, page 39.
"I find in the case of 'the State vs. M'Gee,' 1 Bay's Reports, 164, it is said incidentally by Messrs. Pinckney and Ford, counsel for the state (of S.C.), 'that the frequency of the offence (wilful murder of a slave) was owing to the nature of the punishment', &c.... This remark was made in 1791, when the above trial took place. It was made in a public place—a courthouse—and by men of great personal respectability. There can be, therefore, no question as to its truth, and as little of its notoriety."
In 1791 the Grand Jury for the district of Cheraw, S.C. made a presentment, from which the following is an extract.
"We, the Grand Jurors of and for the district of Cheraw, do present the INEFFICACY of the present punishment for killing negroes, as a great defect in the legal system of this state: and we do earnestly recommend to the attention of the legislature, that clause of the negro act, which confines the penalty for killing slaves to fine and imprisonment only: in full confidence, that they will provide some other more effectual measures to prevent the FREQUENCY of crimes of this nature."—Matthew Carey's American Museum, for Feb. 1791.—Appendix, p. 10.
The following is a specimen of the 'public opinion' of Georgia twelve years since. We give it in the strong words of COLONEL STONE, Editor of the New York Commercial Advertiser. We take it from that paper of June 8, 1827.
"HUNTING MEN WITH DOGS.-A negro who had absconded from his master, and for whom a reward of $100 was offered, has been apprehended and committed to prison in Savannah. The editor, who states the fact, adds, with as much coolness as though there were no barbarity in the matter, that he did not surrender till he was considerably MAIMED BY THE DOGS that had been set on him—desperately fighting them—one of which he badly cut with a sword."
Twelve days after the publication of the preceding fact, the following horrible transaction took place in Perry county, Alabama. We extract it from the African Observer, a monthly periodical, published in Philadelphia, by the society of Friends. See No. for August, 1827.
"Tuscaloosa, Ala. June 20, 1827.
"Some time during the last week a Mr. M'Neilly having lost some clothing, or other property of no great value, the slave of a neighboring planter was charged with the theft. M'Neilly, in company with his brother, found the negro driving his master's wagon; they seized him, and either did, or were about to chastise him, when the negro stabbed M'Neilly, so that he died in an hour afterwards. The negro was taken before a justice of the peace, who waved his authority, perhaps through fear, as a crowd of persons had collected to the number of seventy or eighty, near Mr. People's (the justice) house. He acted as president of the mob, and put the vote, when it was decided he should be immediately executed by being burnt to death. The sable culprit was led to a tree, and tied to it, and a large quantity of pine knots collected and placed around him, and the fatal torch applied to the pile, even against the remonstrances of several gentlemen who were present; and the miserable being was in a short time burned to ashes.
"This is the SECOND negro who has been THUS put to death, without judge or jury, in this county."