The Weekly Perrysburg journal. [volume] (Perrysburg, O. [Ohio]) 1861-1???, 1863-11-18
Thr Crime Of Slarern.
From the y, y. Loyal Publication So"icl,
A PICTURE OF SLAVERY,
Drawn from the Decisions OF
Southern Courts.
IN TWO PARTS.
PART IL.
PART IL.
\ SLAVE WIru DOGS is RIGHT \CCoGp
-. H., fll, .,t,rtfppN

lNG IT, lUt SOUTHERN Nv.
We havo heard great deal at the North
of runaway slaves being hunted 10y dogs,
and some people have supposed it was
mere effort OF imagination. 1t is, however,
according to Southern law.
Witness the case OF Moran Va. Garducr
Davis, lS Georgia Rcp., 122, in which it
was decided, that "it is lawful to hunt
runaway slaves with dogs, provided il hc
done with due degree of caution and cir.
cumspcctiou.' In that case the plaintiff
had hired his slave TO the defendant.
| Whilst in the service of the latter, hc ran
away. His master, for tho tino being,
employed u creature by the name Of Ham.
! bin, who hunted him with dogs, but the
! poor fellow. terrified bv the pursuit.
! nlunged into a creek, and was drowned.
! The owner sued him for the value of the
| slaVc such an idea as punishing the mis-.
crcant crimiually, being ont of the question.
! But the owner is told 10y the court that it
is lawful to hunt a slave with dogs on
/ general principIeS, provided the dogs would
not laccratc, and otherwise materially in.
! lure the slave--thc statute of the State pro-
hibitjng the use OF harsh or cruel treatment
ut slaves, using the words unnecessarily
! biting or tearing cW logs
| THE MARRIAGE or SLAVES Az IBtk CEREMONY,
AND TmE CHILDREN or MARRIED SLAVES LILLE.
GITWArE.
Many apologies and explanations have
! been madc.as to the condition of slaves at
the South in regard to marriage aud the eff
fort has been to lead US, at the North, to
believe that matters in this respect were
not SO bad rs represented. But what say
the reports?
let us examine Merlindu VS.. Gardner, 81
Alab, 10, and there we iiud the law laid
down thus:
| "Siavcs cannot contract marriage, nor does their
cohabitation confer any legal rights on their child
rcu. Persons in that condition are incapable Of
contracting marriage, because that relation brings
with it certain duties and rights with reference 10
which it iS supposed to be entered into but these
are necessarily incompatible with the nature Of
slavery, rs the one cannot De discharged. nor the
other recognized, without doing violence t0 the
rights of the owner. In eCcry State where slavery
exists and tho question has been presented, it has
so been decided.
"lf tho father and mother, being slaves. are
freed by the masters will, and the father after
wards acquires property, the children cannot I'M
hcrit his property.
"As necessary consequence, it cscheats to the
| State
The marriage, then. of slaves, is a mere
idle ceremony. Their children are illcgiti-
mate. and have no rights, and even freedom
TO the same effect is Girod VS.. Lewis, &
Martin, Louis Rep, $50.
THEREFORE, A SLAVE CANNOT AyESGE the GROSS.
EST IHDIGNIrY rERrErRArED on MS WIFE.
No wonder, them that we find such dcci
sions Us the following
Alfred VS.. The State, tS George, 81 Mississippi
Rcports,i in which il was ruled that " adultery
with slaves wife il defense TO charge VI
MURDER aud that slave indicted for the murder OF
his oycrsccr cannot introduce, evidence for his
defense, upon a trial for murder in the first degree
thc fact that the deceased, few hours before the
killing, had forced the prisoners wife to submit To
his embraces, and that this had been communicated
to the prisoner before the killing"
Poor fellow! Wounded to the quick by
an outrage committed on the partner of his
bosom, which. slave aR he was, hc could
feel, it could not be offered even in mitiga-
tion of his punishment.
Or the following
George VS.. The State, 81 Mssissirp Rep, S
George, 3l7 where a terrible outrage was iorcby
committed and successfully pcrpetratcd by slave
upon the chastity of female slave under the age
of 10 years, and yet the Court decided IT was Of
fcDcc. White women might be protected from
similar wrongs but the poor slave girl vas bcy0ud
the palc of the law. She is sent away with such
feeling remarks these on the part of the Judge
The slave IS held pro nUliis, aud Of the right o
pcfSOHdl SECURITY pcTSOnhl HDcFIN, ana pllNatt
property, the slave is deprived There are two or
three early cases founded mainly 1pop the unInca
ing twaddlc in which some huIiaWe judges and law
writer's have INDUCED as to the influence of the
natural law, civilization, and Christian cnlightcn.
mcnt in amending the harshness Of the law"
But these-eonsiderato iolnd no place
in the bosom of the Mississippi Judge, and
the harsiincss of the law, in lhis case, had
rs full exercise.
This case was dc 3idcd as late as 1859
) and its results even startled the darkenod
condition of Mississippi; for, at the cnsu
ing session of the Legislature of that State
the crime was made punishable by express
statute.
EMANCIPATION ALMOST IMPOsSIBLE.-THK gIFI
OF A sLAvE-owEER, AND MS owS Guild
BOTH EMANCIFATgD ny HIN, DECREEB, AFTET
Eis DEATH, 10 BE SLAVES, AND FART oF nis
, ESTATE.
We have seen that in Louisiana enamel
[ patton is utterly prohibited. How difficult
it is in any Slave State can easily be dis
covered by any one who will examine tieil
statutes and the decisions based HpOn them
The process is encumhered with So many
difficulties, requiring oltcntimcs the sane
. tion of the Legislature, that practically il
would almost appear to be hopeless task
The slave cannot approach the Legislature
' and is, in case Of receiving freedom 10y the
will Of bis deceased owner, left at the mercy
Of an executor or administrator, who may
throw every obstacle in his way or decline
.-any interference whatever on his behalf.
Look, for instance, at the celebrated Bra
scale case, often cited, and reported in .
Howard Mississippi Reports, e37, There
+. Elisha Brasealle, a planter in Mississippi
/, was faithfully and successfully nursed by a
mulatto slave during dangerous aud pro
= tracted illness. lie afterwards took her to
. Ohio, had her educated, and finally married
. her having first eiuancipatod her, by deed
. recorded in Ohio and Mississippi. lie re-
turned with her 10 the latter STATE, where
she gave birth to son. Upon Mr.. Bra
! scales death, his will was found. in which
+ he ratified the deed OF emancipation, and
, devised al ais property to this son. whom
he acknowledged to be such. The will
however was successfully contested as Il
the validity of the emancipation aud devise
: to the con, by some distant relations OF the
! tcstltOr in North CasO,ina. The Judge
, iSharkey), in his opinion, uses this ian
! suage:
"The state of the case shows coHciusvely tha
> tbe contract had It's origin in aH OGense agans
> Slity, perniciQus and detestabe as example
But, above all, II seems to have beeu plauaed an,
executed Sith fixed design to cyagc The riEnr o
Il /, laws AZ this State. The acts of tte party il
-oing to Ohio With the slaves. aud there eSecutiBG
the deed, and his immediate ietuFn with thehi q
this state. point with unerraE cestauy to bis PUG
pose aad object. The laws Of this State caUuot b'
"A thus defrauded of iteir operation by one Of