“Your laws are very stringent in South Carolina, I believe, sir!”
“Well, no sir,” said the colonel, “if we except those which govern the niggers; they of necessity must be so; we have had so many emeutes with them, that no law can be made too strict in its bearings. We have so many bad niggers poured in upon us, that the whole class is becoming corrupted.”
“Your laws, of course, make a distinction between good and bad niggers, and free negroes?” interposed the Captain.
“We make no distinction between the colors—some are as white as you are; but the grades are so complex that it would be impossible to make a sliding-scale law for any fixed complexions. The law which governs them is distinctive and comprehensive-made in order to shield the white population from their ignorance of law and evidence. We never could govern them in their respective spheres, unless the laws were made stringent in their effect. As for the free niggers, they're the greatest nuisance we have; it is our policy to get rid of them, and to that end we tax them severely. The riddance of this class of niggers would be an essential benefit to our slaves, as upon account of their influence our negro-laws are made more stringent. And the worst of it is that they increase faster. But we make it a principal point to get all the free men we can married to slaves, and the free women run off. You, that are accustomed to the free institutions of your country, may think some of these things singular at first; but you would soon become accustomed to them, and would really admire them when you saw how beautifully they worked.”
“Is there no discretionary power left?” inquired the Captain. “It must be oppressive, if carried out; Good men-whether they be white or black-are entitled to the advantages due them; but where laws such as you describe are carried out, a good man's evidence being black, the intention could not be made white. Now, according to my idea of the law of nature, a man's merits are in his moral integrity and behaviour; therefore I should establish the rule that a good black man was better than a bad white man, and was as much entitled to the respect and government of law.”
“Hi!—oh! Captain; it won't do to talk so in South Carolina. Just let a nigger imagine himself as good as a white man, and all the seven codes in Christendom wouldn't keep 'em under. Ah! you've got to learn a thing or two about niggers yet,” interrupted Master George, before the Colonel had time to speak.
“I only speak from my observation of human nature; but I may become better acquainted with your laws, if I remain among you,” said the Captain.
“As I have said before sir,” replied the Colonel, “our nigger-laws are such as to require a strict enforcement. If we allowed the prerogative of a discretionary power, it would open the way to an endless system of favoritism, just at the mercy and feelings of those exercising it. As it is now, the white or black nigger, male or female, gets the same law and the same penalty. We make no distinction even at the paddle-gallows. The paddle-gallows is a frame with two uprights, and a wrench screw at the top. The negro's hands are secured in iron wristlets-similar to handcuffs; a rope is then attached to an eye in these, and passing over the wrench, which being turned, the negro is raised in an agonizing position until the tips of his toes scarcely touch the floor. Thus suspended, with the skin stretched to its utmost tension, it not unfrequently parts at the first blow of the paddle. Sometimes the feet are secured, when the effect of this modern science of demonstrating the tension of the human body for punishment becomes more painful under the paddle. South Carolinians deny this mode of punishment generally, and never allow strangers to witness it. It is not, as some writers have stated, practised in Georgia, where, we are happy to say, that so far as punishment is conducted in a legal manner, at the jails and prisons, it is administered in a humane manner; and instead of turning modern barbarity into a science, as is, done in South Carolina, a strict regard for the criminal is observed. I will relate some singular facts connected with the strictness with which we South Carolinians carry out our laws. And now that we are on the spot connected with it, its associations are more forcibly impressed on my mind. It brings with it many painful remembrances, and, were we differently situated, I should wish the cause to be removed. But it cannot be, and we must carry out the law without making allowances, for in these little leniencies all those evils which threaten the destruction of our peculiar institution creep in. In fact, Captain, they are points of law upon which all our domestic quietude stands; and as such, we are bound to strengthen our means of enforcing them to the strictest letter. Our laws are founded upon the ancient wisdom of our forefathers, and South Carolina has never traduced herself or injured her legal purity. We have reduced our system almost to a practical science, so complete in its bearings and points of government as to be worthy the highest and noblest purposes of our country. And at the same time, such is the spirit and magnanimity of our people, that in framing laws to guard against the dangerous influences of that wing of our country that spreads its ambitious fallacies—its tempting attractions-shallow criticisms upon minute and isolated cases-redundant theories without measure or observation, and making a standard for the government of slaves upon foolish and capricious prejudices, we have been careful to preserve a conservative moderation toward the slave. But, to my remarks.”
The party had now arrived opposite to what was formerly known as Jones's Hotel, where the Colonel made a halt to relate the singular case that had pained his feelings, though he held very tenaciously to the law as it was, because he believed strongly in the wisdom of the South Carolina judiciary.
“Our first and great object is to prevent the interchange of sentiment between our domestic niggers, whether bond or free, and niggers who reside abroad or have left our State; To do this, it became imperative to establish a law prohibiting free negroes from coming into the State, and those in the State from going out, under penalty of imprisonment and fine, if they returned. The penalty amounted to sale upon a peon form; and subjected the offender to the slave system in a manner that he seldom retrieved himself. You will observe, Captain, the penalty is not desired by our people, the object being to prevent them from returning, and as such it must be taken in the spirit of its origin. Another very wise provision was made by our legislators, and which has prevented a great deal of suffering on the part of the slave. A few years ago, our wise legislature made a law to revert the power of emancipation from the board of magistrates where it had been very much abused, to the House itself. And such is the law at the present day, that no master can give his slaves their freedom, except by special act of the legislature, and that with such a multiplicity of provisions and conditions that few even attempt it. But I'm about to refer to cases in which some modification might be said to have been necessary, because in them are embodied the worst germs for abolition speculation.