Key to Uncle Tom's Cabin
Page 79
which the Church passed relative to the slaves of Jews tended
still further to strengthen the principles of liberty. They forbade
Jews to compel Christian slaves to do things contrary to the
religion of Christ. They allowed Christian slaves, who took
refuge in the church, to be ransomed, by paying their masters
the proper price.
This produced abundant results in favour of liberty, inasmuch
as they gave Christian slaves the opportunity of flying to
churches, and there imploring the charity of their brethren.
They also enacted that a Jew who should pervert a Christian
slave should be condemned to lose all his slaves. This was a
new sanction to the slave's conscience, and a new opening for
liberty. After that, they proceeded to forbid Jews to have
Christian slaves, and it was allowed to ransom those in their
possession for twelve sous. As the Jews were among the
greatest traders of the time, the forbidding them to keep slaves
was a very decided step towards general emancipation.
Another means of lessening the ranks of slavery was a decree
passed in a council at Rome, in 595, presided over by Pope
Gregory the Great. This decree offered liberty to all who
desired to embrace the monastic life. This decree, it is said,
led to great scandal, as slaves fled from the houses of their
masters in great numbers, and took refuge in monasteries.
The Church also ordained that any slave who felt a calling to
enter the ministry, and appeared qualified therefore, should be
allowed to pursue his vocation; and enjoined it upon his master
to liberate him, since the Church could not permit her minister
to wear the yoke of slavery. It is to be presumed that the
phenomenon, on page 347, of a preacher with both toes cut off
and branded on the breast, advertised as a runaway in the public
papers, was not one which could have occurred consistently with
the Christianity of that period.
Under the influence of all these regulations, it is not surpris-
ing that there are documents cited by M. Balmes which go to
show the following things. First, that the number of slaves
thus liberated was very great, as there was universal complaint
upon this head. Second, that the bishops were complained of
as being always in favour of the slaves, as carrying their pro-
tection to very great lengths, labouring in all ways to realise the
doctrine of man's equality; and it is affirmed in the documents
that complaint is made that there is hardly a bishop who cannot
be charged with reprehensible compliances in favour of slaves,
and that slaves were aware of this spirit of protection, and were
ready to throw off their chains, and cast themselves into the
Church.
It is not necessary longer to extend this history. It is as
perfectly plain whither such a course tends, as it is whither the
course pursued by the American clergy at the South tends. We
are not surprised that under such a course, on the one hand, the
number of slaves decreased, till there were none in modern
Europe. We are not surprised by such a course, on the other
hand, that they have increased until there are three millions in
America.
Alas for the poor slave! What Church befriends him? In
what house of prayer can he take sanctuary? What holy men
stand forward to rebuke the wicked law that denies him legal
marriage? What pious bishops visit slave-coffles to redeem
men, women, and children, to liberty? What holy exhortations
in churches to buy the freedom of wretched captives? When
have church velvets been sold, and communion-cups melted
down, to liberate the slave? Where are the pastors, inflamed
with the love of Jesus, who have sold themselves into slavery to
restore separated families? Where are those honourable com-
plaints of the world that the Church is always on the side of the
oppressed?--that the slaves feel the beatings of her generous
heart, and long to throw themselves into her arms? Love
of brethren, holy charities, love of Jesus--where are ye? Are
ye fled for ever?
CHAPTER VIII.
“Masters, give unto your servants that which is just and equal.”
From what has been said in the last chapter, it is presumed
that it will appear that the Christian Church of America by no
means occupies that position, with regard to slavery, that the
apostles did, or that the Church of the earlier ages did.
However they may choose to interpret the language of the
apostles, the fact still remains undeniable that the Church
organisation which grew up immediately after these instructions
did intend and did effect the abolition of slavery.
But we wish to give still further consideration to one idea
which is often put forward by those who defend American
slavery. It is this: that the institution is not of itself a sinful
one, and that the only sin consists in the neglect of its relative
duties. All that is necessary, they say, is to regulate the insti-
tution by the precepts of the Gospel. They admit that no slavery
is defensible which is not so regulated.
If, therefore, it shall appear that American slave-law cannot be regulated by the precepts of the Gospel without such altera-
tions as will entirely do away the whole system, then it will
appear that it is an unchristian institution, against which every
Christian is bound to remonstrate, and from which he should
entirely withdraw.
The Roman slave code was a code made by heathen--by a
race, too, proverbially stern and unfeeling. It was made in the
darkest ages of the world, before the light of the Gospel had
dawned. Christianity gradually but certainly abolished it.
Some centuries later, a company of men, from Christian nations,
go to the continent of Africa; there they kindle wars, sow
strifes, set tribes against tribes with demoniac violence, burn
villages, and in the midst of these diabolical scenes kidnap and
carry off, from time to time, hundreds and thousands of miserable
captives. Such of those as do not die of terror, grief, suffoca-
tion, ship-fever, and other horrors, are from time to time landed
on the shores of America. Here they are. And now a set of
Christian legislators meet together to construct a system and
laws of servitude, with regard to these unfortunates, which is
hereafter to be considered as a Christian institution.
Of course, in order to have any valid title to such a name,
the institution must be regulated by the principles which Christ
and his apostles have laid down for the government of those
who assume the relation of masters. The New Testament sums
up these principles in a single sentence: “Masters, give unto
your servants that which is just and equal.”
But, forasmuch as there is always some confusion of mind in
regard to what is just and equal in our neighbours' affairs, our
Lord has given this direction by which we may arrive at infallible
certainty. “All things whatsoever ye would that men should
do to you, do ye even so to them.”
It is therefore evident that if Christian legislators are about to
form a Christian system of servitude, they must base it on these
two laws, one of which is a particular specification under the
other.
Let us now examine some of the particulars of the code which
they have formed, and see if it bear this character.
First, they commence by declaring that their brother shall no
longer be considered as a person, but deemed, sold, taken, and
reputed, as a chattel personal.--This is “just and equal!”
This being the fundamental principle of the system, the follow-
ing are specified as its consequences:--
1. That he shall have no right to hold property of any kind,
under any circumstances.--Just and equal!
2. That he shall have no power to contract a legal marriage,
or claim any woman in particular for his wife.--Just and equal!
3. That he shall have no right to his children, either to pro-
tect, restrain, guide, or educate.--Just and equal!
4. That the power of his master over him shall be ABSOLUTE,
without any possibility of appeal or redress in consequence of
any injury whatever.
To secure this they enact that he shall not be able to enter
suit in any court for any cause.--Just and equal!
That he shall not be allowed to bear testimony in any court
where any white person is concerned.--Just and equal!
That the owner of a servant, for “malicious, cruel, and exces-
sive beating of his slave, cannot be indicted.”--Just and equal!
It is further decided that by no indirect mode of suit, through
a guardian, shall a slave obtain redress for ill-treatment. (Doro-
thea v. Coquillon et al, 9 Martin La. Rep., 350.)--Just and
equal!
5. It is decided that the slave shall not only have no legal
redress for injuries inflicted by his master, but shall have no
redress for those inflicted by any other person, unless the injury
impair his property value.--Just and equal!
Under this head it is distinctly asserted as follows:
“There can be no offence against the peace of the State by
the mere beating of a slave, unaccompanied by any circum-
stances of cruelty, or an intent to kill and murder. The peace
of the State is not thereby broken.” (State v. Maner, 2 Hill's
Rep. S. C.)--Just and equal!
If a slave strike a white, he is to be condemned to death;
but if a master kill his slave by torture, no white witnesses
being present, he may clear himself by his own oath. (Louisiana.)
--Just and equal!
The law decrees fine and imprisonment to the person who
shall release the servant of another from the torture of the
iron collar. (Louisiana.)--Just and equal!
It decrees a much smaller fine, without imprisonment, to
the man who shall torture him with red-hot irons, cut out his
tongue, put out his eyes, and scald or maim him. (Ibid.)--
Just and equal!
It decrees the same punishment to him who teaches him to
write as to him who puts out his eyes.--Just and equal!
As it might be expected that only very ignorant and brutal
people could be kept in a condition like this, especially in a
country where every book and every newspaper are full of
dissertations on the rights of man, they therefore enact laws
that neither he nor his children, to all generations, shall learn
to read and write.--Just and equal!
And as, if allowed to meet for religious worship, they might
concert some plan of escape or redress, they enact that “no
congregation of negroes, under pretence of divine worship,
shall assemble themselves; and that every slave found at such
meetings shall be immediately corrected, without trial, by
receiving on the bare back twenty-five stripes with a whip,
switch, or cow-skin.” (Law of Georgia, Prince's Digest, p.
447.)--Just and equal!
Though the servant is thus kept in ignorance, nevertheless,
in his ignorance, he is punished more severely for the same
crimes than freemen.--Just and equal!
By way of protecting him from over-work, they enact that he
shall not labour more than five hours longer than convicts at
hard labour in a penitentiary!
They also enact that the master or overseer, not the slave, shall
decide when he is too sick to work.--Just and equal!
If any master, compassionating this condition of the slave,
desires to better it, the law takes it out of his power, by the follow-
ing decisions:--
1. That all his earnings shall belong to his master, notwith-
standing his master's promise to the contrary; thus making them
liable for his master's debts.--Just and equal!
2. That if his master allow him to keep cattle for his own use,
it shall be lawful for any man to take them away, and enjoy half
the profits of the seizure.--Just and equal!
3. If his master sets him free, he shall be taken up and sold
again.--Just and equal!
If any man or woman runs away from this state of things, and,
after proclamation made, does not return, any two justices of the
peace may declare them outlawed, and give permission to any
person in the community to kill them by any ways or means they
think fit.--Just and equal!
Such are the laws of that system of slavery which has been
made up by Christian masters late in the Christian era, and is
now defended by Christian ministers as an eminently benign
institution.
In this manner Christian legislators have expressed their
understanding of the text, “Masters, give unto your servants
that which is just and equal,” and of the text, “All things
whatsoever ye would that men should do to you, do ye even so
to them.”
It certainly presents the most extraordinary views of justice
and equity, and is the most remarkable exposition of the prin-
ciple of doing to others as we would others should do to us that
it has ever been the good fortune of the civilised world to observe.
This being the institution, let anyone conjecture what its abuses
must be; for we are gravely told, by learned clergymen, that
they do not feel called upon to interfere with the system, but only
with its abuses. We should like to know what abuse could
be specified that is not provided for and expressly protected by
slave-law.
And yet, Christian republicans, who, with full power to repeal
this law, are daily sustaining it, talk about there being no harm
in slavery, if they regulate it according to the apostle's directions,
and give unto their servants that which is just and equal. Do they
think that, if the Christianised masters of Rome and Corinth had
made such a set of rules as this for the government of their slaves,
Paul would have accepted it as a proper exposition of what he
meant by just and equal?
But the Presbyteries of South Carolina say, and all the other
religious bodies at the South say, that the Church of our Lord
Jesus Christ has no righ
t to interfere with civil institutions. What
is this Church of our Lord Jesus Christ that they speak of? Is it
not a collection of republican men, who have constitutional power
to alter these laws, and whose duty it is to alter them, and who
are disobeying the apostle's directions every day till they do alter
them? Every minister at the South is a voter as much as he is a
minister; every Church member is a voter as much as he is a
Church member; and ministers and Church members are among
the masters who are keeping up this system of atrocity, when they
have full republican power to alter it; and yet they talk about
giving their servants that which is just and equal! If they are
going to give their servants that which is just and equal, let them
give them back their manhood; they are law-makers and can do it.
Let them give to the slave the right to hold property, the right to
form legal marriage, the right to read the word of God, and to
have such education as will fully develope his intellectual and moral
nature; the right of free religious opinion and worship; let them
give him the right to bring suit and to bear testimony; give him
the right to have some vote in the government in which his in-
terests are controlled. This will be something more like giving
that which is “just and equal.”
Mr. Smylie, of Mississippi, says that the planters of Louisiana
and Mississippi, when they are giving from twenty to twenty-
five dollars a barrel for pork, give their slaves three or four
pounds a-week; and intimates that, if that will not convince
people that they are doing what is just and equal, he does
not know what will.
Mr. C. C. Jones, after stating in various places that he has
no intention ever to interfere with the civil condition of the
slave, teaches the negroes, in his catechism, that the master
gives to his servant that which is just and equal, when he
provides for them good houses, good clothing, food, nursing,
and religious instruction.
This is just like a man who has stolen an estate which
belongs to a family of orphans. Out of its munificent revenues,
he gives the orphans comfortable food, clothing, &c., while he
retains the rest for his own use, declaring that he is thus ren-