The North-Carolina standard., 1845-10-22

Il
has this qualification that their masters may mod
era.ely chastise them when they do wrong; but
always under the supervision and regulation o
law. The infictien Of stripes, though now com
ing to be thought a Little barbarous, and though
from as early as when the name gentlemen was
hrst applied, the lghtest blow suffered by any one
claiming that title has been deemed so deep stain
as only to be washed out by blood-has yet hith.
erto been considered the properest discipline in
the world for children, women and slaves From
the time of Solomon the rod of chastisement has
been thought to possess virtues second only to
those OF, the rod of Moses Il has been the great
iaoorssaVlng machine---the moral steam-engine for
propelling the social system and whether used TO
quicken the obedience of servants to stimulate the
intelligence of children, warm the affections Of
wives. 1t has been deemed equally infallible. In
deeo IN addition to. these. patriotism and courage
have been found to flow from il, if we may jud ge
by the liberal manner in which great nations are
used TO scourge those who peril life in their de-
fence in flood and field. But--whether or not this
particular kind of punishment is proper, certainly
the master should have power in some way to
correct those who serve him; for he is TO large
extent responsible for their conduct, and were he
without any power to restrain or control that con-
duct ms situation would be one Of serious hard
ship For the same reason the law of England
gave the same power over apprentices Now, if
it IS reasonable that this should be so with slaves
and apprentices much mote,so is it that the same
rule should prevail in the case of married women !;
for while, as to slaves and apprentices, the mas
ters liability for their actions is limited 10 things
done while about the business in which he en-
ploys them the husbands responsibility extends
TO alt the acts of the wife, however wiIIul and fla
grant. If she take it into her head to slander
her neghbor, or attack his wife, or whip his chill
dren, or depredate upon his land or goods, or set
fire to his house-for all these acts of hers her
husband is liable, to the whole extent Of his pro-
perty; and after that is gone he may be impris
ontd Accordingly, we find the common law
giving the very same power of control and cor
rection here us in the case of slaves Admitting
the relation to snbsist as it is, with the extensive
liability it imposes upon the husband it is absurd
to say that he shall have in bis hands no power
OF chastlscment As to the mode in which it
should be inflicted, the methods of Imprisonment
and moderate whipping were, in those old times
when the law was applied to this relation, the u.s.
ual mild pun ishments for all sorts of offences, and
and were then every whit as humane as its other
regulations on this subject know that, except
that the woman may still be imprisoned in cer-
tain cases, such power is no longer recognized
by our courts /" No longer recognized" J" is the
language they have used when the right has been
claimed. They do not decide that it never was
law, nor do they, nor can they attempt to change
the law; but they only refuse to recognize what
really, exists as an ancient and weli-esta bHshed
principle, but to which they are now ashamed TO
give force Blackstone tells US that the slower
orders" e., the majority, "who were always
fond Of the old common law" at the time he
wrote still claimed and exerted "their ancient pri
vilege "-as they do at this day in some parts of
South Carolina. How this ancient and honora-
BILE" usage OF whipping women first came to fall
into disrepute, is worth inquiring. Chivalry came
and departed without efftcting it. The church,
which had done SO much in cmancipatng the vii
lein, could not emancip pate women from villein
punishment Neither the impulses of humanity,
nor the spread of Intelligence nor the teachings of
religion, had availed anything. 1t was only in
the polite and corrupt reign Of Charles the Sec
ond, and during the prevalence of that freedom of
manners and looseness Of morals, then first intro
duced from the licentious court of France that the
powers Of intrigue and Establishment procured for
woman that influence and consideration which eff
fected this relaxation of ancient rigor. am here
reminded that the rapid progress in freedom Of
the matrons of ancient Rome during which they
rose from the condition of mere thimgsto that of
persons, was during the centuries of voluptuous-
ness and corruption which followed the Punic
wars; and l cannot but reflect that mankind have
shown themselves more willing to grant favorS to
the seductive influences of prohigate mistresses,
than to the truth, the tenderness, the obedirnce and
the matronly virtues of wives and that they have
yielded 10 the. vices of woman what they with
held from her purity 80 + 3e f>- -. -" -''.
So stands the law in our day; and when, as
happens every day, wife is chastised not with
moderate correction merely, but with imnIod
crate correction, with "beatng, bruising, wound
ing, and most viIlainous illtreating, let her be
consoled with knowing thai the law does not per-
nit such things, but highly disapproVes and disa-
vows the proceeding shaking its reverend head in
grave dis pleasure; yet let her not appeal TO its
tribunals for protection, for they will require proof
and she mag not stceGr against her husband. If
then he has been discreet enough not TO beat her
in public, so that circumstances may detect him,
he can laugh at her accusation: He can COM
mand her presence in the secluson of his house
and chamber, where he may in quiet prove g his
attachment to the old common law" by exerting
upon her. shoulders the prerogative of his fore
fathers. She may indeed so far testify as to swear
the peace against him, and he will be ordered to
give bonds not to beat her again but what will.
that avail !? To subject him to any penalty, the,
subsequent beatings must still be prored and she
is still disqualified TO testify; that to avoid the
forfeit he has only to indulge his fancy for domes7
tic Justice. or his love of matrimonial whipping,
in the privacy, OF bis chamber, m the sill and
dark night-alone and without q witness and with
ont suceor So that her cries disturb not the pub
lie peace, the public will not disturb itself about
her safferingsl Absolutely subjected as her per-
son is to his control, and disabled from Bearing
witness against him. IL matters little that she is
theoretically under legal protection from personal