In order to appreciate this more fully, let us compare a trial in a free state with a trial in a slave state.
In the free State of Massachusetts, a man of standing, learning and high connections, murdered another man. He did not torture him, but with one blow sent him in a moment from life. The murderer had every advantage of position, of friends; it may be said, indeed, that he had the sympathy of the whole United States; yet how calmly, with what unmoved and awful composure, did the judicial examination proceed! The murderer was condemned to die—what a sensation shook the country! Even sovereign states assumed the attitude of petitioners for him.
There was a voice of entreaty, from Maine to New Orleans. There were remonstrances, and there were threats; but still, with what passionless calmness retributive justice held on its way! Though the men who were her instruments were men of merciful and bleeding hearts, yet they bowed in silence to her sublime will. In spite of all that influence and wealth and power could do, a cultivated and intelligent man, from the first rank of society, suffered the same penalty that would fall on any other man who violated the sanctity of human life.
Now, compare this with a trial in a slave state. In Virginia, Souther also murdered a man; but he did not murder him by one merciful blow, but by twelve hours of torture so horrible that few readers could bear even the description of it. It was a mode of death which, to use the language that Cicero in his day applied to crucifixion, “ought to be forever removed from the sight, hearing, and from the very thoughts of mankind.” And to this horrible scene two white men were WITNESSES!
Observe the mode in which these two cases were tried, and the general sensation they produced. Hear the lawyers, in this case of Souther, coolly debating whether it can be considered any crime at all. Hear the decision of the inferior court, that it is murder in the second degree, and apportioning as its reward five years of imprisonment. See the horrible butcher coming up to the Superior Court in the attitude of an injured man! See the case recorded as that of Souther VERSUS The Commonwealth, and let us ask any intelligent man, North or South, what sort of public sentiment does this show!
Does it show a belief that the negro is a man? Does it not show decidedly that he is not considered as a man? Consider further the horrible principle which, reäffirmed in the case, is the law of the land in Virginia. It is the policy of the law, in respect to the relation of master and slave, and for the sake of securing proper subordination on the part of the slave, to protect the master from prosecution in all such cases, even if the whipping and punishment be malicious, cruel and excessive!
When the most cultivated and intelligent men in the state formally, calmly and without any apparent perception of saying anything inhuman, utter such an astounding decision as this, what can be thought of it? If they do not consider this cruel, what is cruel? And, if their feelings are so blunted as to see no cruelty in such a decision, what hope is there of any protection to the slave?
This law is a plain and distinct permission to such wretches as Souther to inflict upon the helpless slave any torture they may choose, without any accusation or impeachment of crime. It distinctly tells Souther, and the white witnesses who saw his deed, and every other low, unprincipled man in the court, that it is the policy of the law to protect him in malicious, cruel and excessive punishments.
What sort of an education is this for the intelligent and cultivated men of a state to communicate to the lower and less-educated class? Suppose it to be solemnly announced in Massachusetts, with respect to free laborers or apprentices, that it is the policy of the law, for the sake of producing subordination, to protect the master in inflicting any punishment, however cruel, malicious and excessive, short of death. We cannot imagine such a principle declared, without a rebellion and a storm of popular excitement to which that of Bunker Hill was calmness itself;—but, supposing the State of Massachusetts were so “twice dead and plucked up by the roots” as to allow such a decision to pass without comment concerning her working classes,—suppose it did pass, and become an active, operative reality, what kind of an educational influence would it exert upon the commonwealth? What kind of an estimate of the working classes would it show in the minds of those who make and execute the law?
What an immediate development of villany and brutality would be brought out by such a law, avowedly made to protect men in cruelty! Cannot men be cruel enough, without all the majesty of law being brought into operation to sanction it, and make it reputable?