Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1858-06-22

TcoSrISuEp.l


In order to ascertain this fact we will
refer to few reported decisions: "South-
er vs.. The Common wealth Of Virginia"-
7th Grattan, 673-l851. The Court say,
at has been decided by the Courtln Turn
er's case { 9Th Rand. that the owner OF y
slave, for the malicious, cruel and exces-
sive beating of his own slave cannot be in
dicied 1t is the policy of the law. in re-
spect to the relation of master and slave
and for the sake. Of procuring proper sub
ordination and obedience ON the part OF the
slave to protect the master from prosecu
ton in all cases, (ofpunislmcnt not result
ing in death even if the whipping and
punishment be malicious, cruel and exces-
sive." Estate vs.. Mann" North Carolina,
Rep, p. 243, Ds6. z, 1929. The Court
says, 1.-The end (of slavery) is the profit
Of the master, his security, and the public
safety; the subject, one doomed in his own
person and his posterity, to live without
knowledge and without the capacity to
make anything his own, and To toll, that
another may reap the fruits. What moral
considerations shall be addressed to such
being, to convince him what it is impos-
siblc but that the most stupid must feel
and know can never be truc-tllat ho is
thus to labor upon principle of natural
duty, or for the sake OF his own personal
happiness. Such services can only be cx
pected from one who has no will of his
own-who surrenIers his will in implicit
obedience TO that Of ano.hcr. Such obc
dience is the consequence only of uncon-
trolled authority over the body. Ther! is
nothing else which can operate to produce
this effect. Tile poacer Of tile master mast
be absolute to render tie submission Of The
SlaVe perfect. | must fully confess my
sense of the harshness of this proposition.
feel as deeply as any man can. And as
as q principle Of moral rigM every person
in his retirement must repudiate it. But
in the actual condition of things Il must be
so. There Is no remedy. This discipline
is Inherent IN tie relation Of mas er 0mI
siaue. Judgment entered for the defend
ant"
In estate of South Carolina vs. Maner,"
I'd Hills, Rep, p. 453. The Judge says,
"The criminal offehse of assault and bat
terry canuot at common law be committed
upon the person Of a slave. For notwith-
standing (tor some purposes) slave is
regarded by law rs a person, yet generally
he is merely chattel personal, and his
right of personal protection belongs to his
master, who can maintain an action of
treSpass for the battery of his slave.-
There can be, therefore, no otfunse against
the State for amero beating of slave, un-
accompanied with any circumstances of
cruelty, oran, attempt tn kill and murder.
The peace of the State is not thereby
broken, for a slave is not generally re-
garded as legally capable Of being within
the peace OF the State. He is not citizen
and is not in that character entitled to her
protection" s
1t will be seen that the decisions of tho
Courts correspond with the rigor of slave
law. Gases of cruelty are not very likely
to be prosecuted; the slave can bring no
action himself and even the humane are
not likely to interfere often in behalf of II
degraded race, and then only where the
case is deemed one Of extreme cruelty and
entirely without provocation.
Ii such be the course of decision in slave
cases, slavery extension loses none OF its
repulsive features by the manner i'll which
the law is administered by American ju-
rists.
1t may be asked, edo Shareholders ac-
tuallY practice the injustice which their
laws allow" 1t may be admitted that
there is in every community class ofper-
sons, who, from anatural nobility of feel
ing and character, or high moral training.
will be better than the law, but where the
law gives all powePto the dominant race,
and permits to the less favored the enjoy
ment of no rights, the general rule will
be, nay, mast be, while human nature
retains its present features, extreme wrong.
hardship. cruelty, degradation.
l have before me an address to the Pres
byterians of Kentucky, Of the Syno1 oi