New-York daily tribune., 1858-12-17

upon the Indians for the purpose of taking PRISON
ers 70 make slaves of, and Of the lawfulness Of
holding their descendants in bondage. Nor does
he stop here. In justifyiDg the enslavement of
mulattoes and persons OF mixed blood, under pre-
tense OF justifying negro Slavery exclusively. he
goes the length OF ustifying the Southern planters
in making slaves as so many OF them notorous!y
do. of their own sons and daughters. 1t strikes
ne with all due respect for Mr. Cobb's superior
k,ovIedee of the state Of moral sentiment at the
south. that here ia e point upon which he might
properly enough have suggested some little amen l.
ment of the exciting law.
In bis fourth aud 6ith chapters, on the Per
sopal Security OF Slaves. Mr.. COBB holcs-ioi'
following the general current OF authority
Tat negro slaves in this country are not mercy
chatiels but persons. This concession, however
would seem to 90 for very little, since II Is also
held that none OF the provisions OF the common
law for the protection of personal security extend
10 slaves nor do any statute provisions oi the same
sort unless slaves be- specially included therein 80
that no indictment. even for the killing OF slave,
can be- sustained unless grounded on special stat
ute The laws Of most Of the States DO PUNISH
the killing Of slaves, but they admit also oi many
excuses therefor which would not avail IN case the
victim were white man. Thus il was held, and
Mr. Cobb seems to approve the decision, tha' II
was 8 sufficient snswer 10 the charge OF murderlhs
slave TO show that d" he was turbulent and inso-
lent and impudsnt 10 white persons In sou.h
Csrolns, in case of The killing OF slave when no
white person is present, the affidavit OF the accused
is admitted before the jury in explanation OF the
act--a practice which Mr.. Cobb seems TO thiah
sroper and which be considers TO be substantially
adopted III tne other states.
Alr. Cobb is little ashamed TO be Obliged TO
state that there is law in any Slave State against
the rape of female slaves; but then, he tells Us,
they are very ustful and it is not often necessary
to force them. The only remedy in such case Is
an action for damages by the master But we are
vet to learn that any such action was ever brought
There are statutes, greatly differing in the differ
eut States, designed to protect the person OF the
slave from torture, wounding, manning, and cruel
treatment: but here Mr.. Cobb coniesses, especial
" where the master is the cuprit, sis one of the
most vulnerable points in the system of negro
Slavery, which should be further guarded by legis
latiop" When the master is placed il opposition
to him, the slave is by Mr.. Cobb sconfessiOn per
fectly unprotected and helpless" Not being al
lowed to accumulate any property, he has no means
TO provide for the prosecution of his rights. His
mouth is closed as a witness in court of justice;
his hands are tied even for sefdcfense except in
the extreme case of his life being in danger his
time is not at his command even for the purpose
. Of procuring testimony; while his person and his
conduct are entirely under the control of the msn
against whom he stands arrayed fine position
truly in which to place four millions of persons :!
What mockery to call them persons How una-
vaing the statute provisions against maltreatment
and of how little use the tender guardianship and
protection of the courts of which Mr.. Cobb makes
such parade, but which cannot begin to be exer-
cised till the slave ia in court-and how is he to
GET there Large compensation" says Mr..
Cobb, " should be provided for informers upon the
conviction of the master of cruel treatment" But
when master lives as is generally the case on an
isolated pantation, with only his own family and
the addition of an Oyerseer in nine cases out of ten
the confederate and instrument of his cruelty, who
1 ls W lulUlm Anu h'Cs uOl WI. COUU hION per-
fectly well that ii is part Of the usage of the
slsyeholdng States far stronger than any law aud
considered essential to the pernanency of the in
stitution that nobody is to medde with his neigh
bor's manageme Mt OF his slayes--an interference
( TO less resented and denounced as between ind
yiduals, than is the medding with Slavery on the
par. of the Free States1
Personal Liberty, the subject of the sixth chap.
ter seems rather sn odd title in treatise on negro
Slavery. On the plantation, or off it, if his mas
ter is by-and he cannot 60 of Of it except in com.
pany of bis master without written pass-the
slave has personal liberty whatever. Even at
night, on Sundays and holidays, when away from
the personal oversight Of the master or his agents
be is watched by patrols, and is TO certain extent
under the control Of any white man he may meet
The law tself also intereres to prevent the slave
from enjoying privileges which the master might
be inclined to grant, in the laws Of most Of tue
Slave States forbidding masters to allow assem-
blages OF their slaves on their plantations, or 10
permit their slaves TO hire their own time. Should
the slave seek to extend his personal liberty by
running away, he becomes rebel and outlaw, la
bic TO arrest by anybody. Nr. Cobb thinks that
II he attempts 10 escape such arrest it is not lawful
TO Nil him, unless he be armed. But it is not un-
common TO see advertisements offering rewards for
runaways, dead or alive.
The chapters from the seventh TO the twelfth in
elusive, treat of fugitive slaves who have escaped
INTO non-sayeholdipg States. 3lr. Cobb labors ex-
cesiyely hard 20 prove that it i, 1or contrary to
the policy of the Free States to allow scjourners
and travellers from Slave States temporarily abld-