This was an extreme case, and as Pres. Blanchard observes, “if Shylock’s bond of human flesh might have been relaxed, if ever the laws of slavery might have been mitigated in practice, it ought to have been in the case of this veteran soldier.” But the “pound of flesh” was exacted. The law reducing slaves to utter pauperism is inexorable. Poor Frederick had no more claim to that land than Col. Patton’s horse had.
5. Slavery authorizes the violation of the most solemn contracts. Strictly speaking, a slave cannot become a party to a legal contract. His inability to do so arises out of his relation to society, and the evil genius which presides at all times over legislation for slaves is very careful to permit nothing to be enacted, unless from absolute necessity, that can be construed into an acknowledgment that the slave is a man and has rights which he is authorized to maintain. Hence a contract with a slave may be violated with impunity. He may suffer the most flagrant wrongs, but is barred from courts of justice and can obtain no relief.
On this point the following authorities are quoted.
“Chancery cannot enforce a contract between a master and his slave though the slave perform his part.” (Wheeler.) “One principle prevails in all the States * * and that is that a slave cannot make a contract, not even the contract of marriage.” (ib.)
“In the case of Sawney vs. Carter the court refused to enforce a promise by a master to emancipate his slave where the conditions of the promise had been partly complied with. The court proceeded upon the principle that it was not competent to a court in Chancery to enforce a contract between a master and slave, even though the contract should be fully complied with on the part of the slave.” (Goodell.)
In numerous instances masters and other white persons have taken advantage of this unjust and malicious feature of slave law. It is no uncommon occurrence for a slave to contract with his master for freedom. He agrees to raise, by extra labor, a specified sum of money which is to be the price of his liberty. Animated with the hope of obtaining that precious right for which he has long sighed, he endures incredible hardships, toils night after night, and, at the end of many weary years, lays before his master a part or the whole of the price agreed upon. Now when this is done, the master may, in perfect accordance with American slave law, pocket the hard-earned money and sell the slave to the next trader, or keep him until death in his own service. If the slave repine at this treatment, he may be whipped into submission. If he run away, he may be pursued with revolvers and blood-hounds, and we are all required by the Fugitive Slave Law to help catch him and carry him back to his faithless master. A case occurred within the present year in Ky., which illustrates this odious feature of slave law. Here is a brief statement of the facts.
“Sam Norris, a colored man, has been living in Covington about five years, has married a free colored woman and has had by her several children. He belongs to a Mr. J. N. Patton, of Virginia, who permitted him to come to Covington, and engage in whatever services he saw proper, on condition that Sam would pay him out of his earnings, a stipulated sum per annum, we believe, about $100. The surplus, whatever it might be, was to belong to the slave. Sam was punctual for several years. He was sober and industrious, and in his humble way, very prosperous. About two years ago Mr. Patton came west on a visit and agreed with Sam that if he would pay him the sum of $400 he would give him his freedom. Sam gratefully accepted the proposal, and at once paid down out of his hard earnings $135 and has since given his master some $40 or $50 more.
“Patton now comes forward to rescind the contract and claim his slave. The case was yesterday decided by the Hon. Judge Pryor, in favor of Patton. In delivering his decision, his Honor stated the following facts:
“1st. That the laws of Kentucky recognize but two modes of liberating slaves, by will and by deeds of emancipation.
“2d. That a slave cannot make a contract.