This is maintaining the ground that “the master can do no wrong” with great consistency and thoroughness. But it is in perfect keeping, both in form and spirit, with the whole course of slave-law, which always upholds the supremacy of the master, and always depresses the slave.
Fourthly. Stringent laws against emancipation exist in nearly all the slave states.
Stroud, 147. Prince’s Dig. 456. James’ Dig. 398. Toulmin’s Dig. 632. Miss. Rev. Code, 386.
In four of the states,—South Carolina, Georgia, Alabama, and Mississippi,—emancipation cannot be effected, except by a special act of the legislature of the state.
In Georgia, the offence of setting free “any slave, or slaves, in any other manner and form than the one prescribed,” was punishable, according to the law of 1801, by the forfeiture of two hundred dollars, to be recovered by action or indictment; the slaves in question still remaining, “to all intents and purposes, as much in a state of slavery as before they were manumitted.”
Believers in human progress will be interested to know that since the law of 1801 there has been a reform introduced into this part of the legislation of the republic of Georgia. In 1818, a new law was passed, which, as will be seen, contains a grand remedy for the abuses of the old. In this it is provided, with endless variety of specifications and synonyms, as if to “let suspicion double-lock the door” against any possible evasion, that, “All and every will, testament and deed, whether by way of trust or otherwise, contract, or agreement, or stipulation, or other instrument in writing or by parol, made and executed for the purpose of effecting, or endeavoring to effect, the manumission of any slave or slaves, either directly ... or indirectly, or virtually, &c. &c., shall be, and the same are hereby, declared to be utterly null and void.” And the guilty author of the outrage against the peace of the state, contemplated in such deed, &c. &c., “and all and every person or persons concerned in giving or attempting to give effect thereto, ... in any way or manner whatsoever, shall be severally liable to a penalty not exceeding one thousand dollars.”
Stroud’s Sketch, pp. 147–8. Prince’s Dig. 466.
It would be quite anomalous in slave-law, and contrary to the “great and fundamental policy” of slave states, if the negroes who, not having the fear of God before their eyes, but being instigated by the devil, should be guilty of being thus manumitted, were suffered to go unpunished; accordingly, the law very properly and judiciously provides that “each and every slave or slaves in whose behalf such will or testament, &c. &c. &c., shall have been made, shall be liable to be arrested by warrant, &c.; and, being thereof convicted, &c., shall be liable to be sold as a slave or slaves by public outcry; and the proceeds of such slaves shall be appropriated, &c. &c.”
Judge Stroud gives the following account of the law of Mississippi:
Stroud’s Sketch, 149. Miss. Rev. Code, 385–6 (Act June 18, 1822).