To estimate fully the cruel injustice of these laws, it must be remembered that the poor slave is without religious instruction, unable to read, too ignorant to comprehend legislation, and holding so little communication with any person better informed than himself, that the chance is, he does not even know the existence of half the laws by which he suffers. This is worthy of Nero, who caused his edicts to be placed so high that they could not be read, and then beheaded his subjects for disobeying them.
Prop. 14.—The laws operate oppressively on free colored people.
Free people of color, like the slaves, are excluded by law from all means of obtaining the common elements of education.
The free colored man may at any time be taken up on suspicion, and be condemned and imprisoned as a runaway slave, unless he can prove the contrary; and be it remembered, none but white evidence, or written documents, avail him. The common law supposes a man to be innocent until he is proved guilty; but slave law turns this upside down. Every colored man is presumed to be a slave till it can be proved otherwise; this rule prevails in all the slave States, except North Carolina, where it is confined to negroes. Stephens supposes this harsh doctrine to be peculiar to the British Colonial Code; but in this he is again mistaken—the American republics share the honor with England.
A law passed in December, 1822, in South Carolina, provides that any free colored persons coming into port on board of any vessel shall be seized and imprisoned during the stay of the vessel; and when she is ready to depart, the captain shall take such free negroes and pay the expenses of their arrest and imprisonment; and in case of refusing so to do, he shall be indicted and fined not less than one thousand dollars, and imprisoned not less than two months; and such free negroes shall be sold for slaves. The Circuit Court of the United States, adjudged the law unconstitutional and void. Yet nearly two years after this decision, four colored English seamen were taken out of the brig Marmion. England made a formal complaint to our government. Mr. Wirt, the Attorney-General, gave the opinion that the law was unconstitutional. This, as well as the above-mentioned decision, excited strong indignation in South Carolina. Notwithstanding the decision, the law still remains in force, and other States have followed the example of South Carolina, though with a more cautious observance of appearances.
In South Carolina, if any free negro harbor, conceal, or entertain, any runaway slave, or a slave charged with any criminal matter, he forfeits ten pounds for the first day, and twenty shillings for every succeeding day. In case of inability to pay, the free negro is sold at auction, and if any overplus
remain, after the fines and attendant expenses are paid, it is put into the hands of the public treasurer.
The free negro may entertain a slave without knowing that he has done any thing wrong; but his declaration to that effect is of no avail. Where every effort is made to prevent colored people from obtaining any money, they are of course often unable to pay the penalties imposed.
If any omission is made in the forms of emancipation established by law, any person whatsoever may seize the negro so manumitted, and appropriate him to their own use.