I will give a brief view of some of our own laws on this subject; for the correctness of which, I refer the reader to Stroud's Sketch of the Slave Laws of the United States of America. In the first place, we will inquire upon what ground the negro slaves in this country are claimed as property. Most of them are the descendants of persons kidnapped on the coast of Africa, and brought here while we were British Colonies; and as the slave-trade was openly sanctioned more than twenty years after our acknowledged independence, in 1783, and as the traffic is still carried on by smugglers, there are, no doubt, thousands of slaves, now living in the United States, who are actually stolen from Africa.[J]
[J] In the new slave States, there are a great many negroes, who can speak no other language than some of the numerous African dialects.
A provincial law of Maryland enacted that any white woman who married a negro slave should serve his master during her husband's lifetime, and that all their children should be slaves. This law was not repealed until the end of eighteen years, and it then continued in full force with regard to those who had contracted such marriages in the intermediate time; therefore the descendants of white women so situated may be slaves unto the present day. The doctrine of the common law is that the offspring shall follow the condition of the father; but slave law (with the above temporary exception) reverses the common law, and provides that
children shall follow the condition of the mother. Hence mulattoes and their descendants are held in perpetual bondage, though the father is a free white man. "Any person whose maternal ancestor, even in the remotest degree of distance, can be shown to have been a negro, Indian, mulatto, or a mestizo, not free at the time this law was introduced, although the paternal ancestor at each successive generation may have been a white free man, is declared to be the subject of perpetual slavery." Even the code of Jamaica, is on this head, more liberal than ours; by an express law, slavery ceases at the fourth degree of distance from a negro ancestor: and in the other British West Indies, the established custom is such, that quadroons or mestizoes (as they call the second and third degrees) are rarely seen in a state of slavery. Here, neither law nor public opinion favors the mulatto descendants of free white men. This furnishes a convenient game to the slaveholder—it enables him to fill his purse by means of his own vices;—the right to sell one half of his children provides a fortune for the remainder.—Had the maxim of the common law been allowed,—i. e. that the offspring follows the condition of the father,—the mulattoes, almost without exception, would have been free, and thus the prodigious and alarming increase of our slave population might have been prevented. The great augmentation of the servile class in the Southern States, compared with the West India colonies, has been thought to indicate a much milder form of slavery; but there are other causes, which tend to produce the result. There are much fewer white men in the British West Indies than in our slave States; hence the increase of the mulatto population is less rapid. Here the descendants of a colored mother never become free; in the West Indies, they cease to be slaves in the fourth generation, at farthest; and their posterity increase the free colored class, instead of adding countless links to the chain of bondage.
The manufacture of sugar is extremely toilsome, and when driven hard, occasions a great waste of negro life; this circumstance, together with the tropical climate of the West Indies, furnish additional reasons for the disproportionate increase of slaves between those islands and our own country, where a comparatively small quantity of sugar is cultivated.
It may excite surprise, that Indians and their offspring are comprised in the doom of perpetual slavery; yet not only is incidental
mention of them as slaves to be met with in the laws of most of the States of our confederacy, but in one, at least, direct legislation may be cited to sanction their enslavement. In Virginia, an act was passed, in 1679, declaring that "for the better encouragement of soldiers, whatever Indian prisoners were taken in a war, in which the colony was then engaged, should be free purchase to the soldiers taking them;" and in 1682, it was decreed that "all servants brought into Virginia, by sea or land, not being Christians, whether negroes, Moors, mulattoes, or Indians, (except Turks and Moors in amity with Great Britain) and all Indians, which should thereafter be sold by neighboring Indians, or any other trafficking with us, as slaves, should be slaves to all intents and purposes." These laws ceased in 1691; but the descendants of all Indians sold in the intermediate time are now among slaves.
In order to show the true aspect of slavery among us, I will state distinct propositions, each supported by the evidence of actually existing laws.
1. Slavery is hereditary and perpetual, to the last moment of the slave's earthly existence, and to all his descendants, to the latest posterity.
2. The labor of the slave is compulsory and uncompensated; while the kind of labor, the amount of toil, and the time allowed for rest, are dictated solely by the master. No bargain is made, no wages given. A pure despotism governs the human brute; and even his covering and provender, both as to quantity and quality, depend entirely on the master's discretion.