PART I. THE RELATION OF MASTER AND SLAVE CHAPTER I. SLAVE OWNERSHIP.

Fundamental Idea of modern Slaveholding; namely, the assumed principle of Human Chattelhood, or Property in Man; constituting the relation of Owner and Property of Master and Slave! SO"#H C$%O&I'$! (Slaves shall )e deemed, sold, ta*en, reputed and ad+udged in law to )e chattels personal, in the hands of their owners and possessors, and their e,ecutors, administrators and assigns, to all intents, constructions, and purposes whatsoever!- ./ 0revard1s 2igest, //3; Prince1s 2igest, 445, 6c!, 6c!7 &O"ISI$'$! ($ slave is one who is in the power of a master to whom he )elongs! #he master may sell him, dispose of his person, his industry and his la)or! He can do nothing, possess nothing, nor ac8uire any thing, )ut what must )elong; to his master!- .Civil Code, $rt! 9:!7 (#he slave is entirely su)+ect to the will of his master, who may correct and chastise him, though not with unusual rigor, or so as to maim and mutilate him, or e,pose him to the danger of loss of life, or to cause his death!- .$rt! ;<9!7 It will )e found, as we proceed, that this attempted or pretended limitation of power has no real e,istence, and affords no protection to the slave! $n e,ception, in &ouisiana, to the general tenure of (chattels personal,- is e,pressed as follows= (Slaves, though mova)le )y their nature, are considered as immova)le )y the operation of law!- .Civil Code, $rt! 45;!7 (Slaves shall always )e reputed and considered real estate; shall, as such, )e su)+ect to )e mortgaged, according to the rules prescri)ed )y law, and they shall )e sei>ed and sold as real estate!- .Statute of ?une <, ;@A5; ; Martin1s 2igest, 5;/!7 #his provision, if literally carried into effect, would prevent the sale of slaves from off the plantations of their masters! More of this in its proper place! BC'#"CBD! 0y the law of descents, slaves are considered real estate, and pass in conse8uence to heirs, and not to e,ecutors! ./ &ittell 6 Swigert1s 2igest, ;;::!7 From the following it appears, however, that special care was ta*en in Bentuc*y, that the slaves should derive no )enefit from the distinction )etween real estate and chattels personal= #hey are, however, lia)le, as chattels, to )e sold )y the master at his pleasure, and may )e ta*en in e,ecution for the payment of his de)ts! .I)!; see also ;/4<!7 EI%FI'I$! In ;<A: a law similar to that of Bentuc*y was enacted, )ut was soon after repealed! .'ote to %evised Code, 49/!7 Slaves are therefore held as chattels personal in Eirginia, as in most of the ;

slave States, where, in the a)sence of entire written codes, or such general enunciations as those of South Carolina and &ouisiana, the chattel principle has, nevertheless, )een affirmed and maintained )y the courts, and involved in legislative acts! $ specimen of the latter description we have in the following= M$%D&$'2! (In case the personal property of a ward shall consist of specific $%#IC&CS, such as S&$ECS, GO%BI'F 0C$S#S, $'IM$&S of any *ind, S#OCB, F"%'I#"%C, plate, )oo*s, $'2 SO FO%#H, the Court, if it shall deem it advantageous to the ward, may, at any time, pass an order for the sale thereof,- 6c!, 6c! .$ct of ;<3@, chap! CI! 'o! ;/!7 Githout further citation .as might )e made7 of particular enactments in this place, it may )e sufficient to state that the (%oman civil law,- as e,isting at an early period, )efore its modification under professedly Christian Cmperors, is generally referred to in our slave States, as containing the principles of their (peculiar institution!- Ghere other usages or statutes, in any of the States, fail of furnishing the re8uisite definition of the (legal relation,- recourse is generally had to the (%oman civil law!- #hose also who defend the (legal relation- as an innocent one, and who claim that Christ and his apostles did not disapprove it, )ut gave it their sanction, are forward to remind us that it e,isted in the %oman Cmpire at that period! It seems desira)le, therefore, in more aspects than one, to ascertain precisely what that relation was! Ge find that information in 2r! #aylor1s Clements of the Civil &aw! (Slaves were held pro nullis= pro mortuis, pro 8uadrupedi)us; they had no head in the State; no name, title or register; they were not capa)le of )eing in+ured, nor could they ta*e )y purchase or descent; they had no heirs, and could therefore ma*e no will; e,clusive of what was called their peculium, whatever they ac8uired was their master1s; they could not plead or )e pleaded for, )ut were e,cluded from all civil concerns whatever! #hey could not claim the indulgence of a)sence reipu)licH causa= they were not entitled to the rights and considerations of matrimony, and therefore had no relief in case of adultery; nor were they proper o)+ects of cognation and affinity, )ut of 8uasiI cognation only= they could )e sold, transferred, or pawned as goods or personal estate, for goods they were, and as such they were esteemed; they might )e tortured for evidence, punished at the discretion of their lord, or even put to death )y his authority!- .#aylor1s Clements, p! 4/3!7 Such was the (legal relation- said to have )een sanctioned )y Christ and his apostles as innocent, or .as others e,press it7 not condemned, disapproved or censured )y them! Such was the heathen (institution- now held to have )een adopted as Christian! It must )e added that the ancient heathen (relation- of owner and property has )een more rigidly enforced in Christian $merica than it ever was in Pagan %ome! Our slavery allows no peculium or e,empted property to )e held )y the slave! It denies education and literature to its human )rutes! It ignores their religious nature, and )ars the door of redemption and release! 0ut we anticipate topics of future e,amination! #he testimony already presented is corro)orated )y +urists who have e,amined the su)+ect! ?udge Stroud, in his (S*etch of the &aws relating to Slavery,- has fully e,pressed /

his views on this point! Having e,plained the ma,im of the civil law, (partus se8uitur ventrem,- )y which the condition of the slave mother is for ever entailed on all her remotest posterity, he remar*s as follows= (#his ma,im of the civil law, the genuine and degrading principle of slavery, inasmuch as it places the slave upon a level with )rute animals, prevails universally in the slaveholding States!- .Stroud1s S*etch, p!;;!7 #he same writer also says= (It is plain that the dominion of the master is as unlimited as that which is tolerated )y the laws of any civili>ed country in relation to )rute animals to 8uadrupeds, to use the words of the civil law!- .Stroud1s S*etch, p! /4!7 (#he cardinal principle of slavery that the slave is not to )e ran*ed among sentient )eings, )ut among things, as an article of property, a chattel personal o)tains as undou)ted law, in all these .the slaveholding7 States!- .I)! pp! //, /9!7 #his, then, is the definition of the terms, Slavery, Slave, and Slaveholding, as furnished )y slaveholding communities, and as understood )y +urists who have studied their legislation and +urisprudence! #his is the theory of $merican Slavery! #his is its fundamental &aw, if it has any! #his is the (legal relation of master and slave,- if there )e any such relation! #he ne,t point of in8uiry is, Ghether these definitions correspond with e,isting realities, or factsJ Ghether this theory is an empty a)straction; or whether it is carried out into actual practiceJ Ghether this law is merely a nominal one, .as is sometimes alleged,7 anti8uated and o)solete; or whether it furnishes the rule of action to the slaveholder, the rule of condition to the slaveJ From statutory enactments and recogni>ed codes, we now turn to the courts! #heir reported decisions, in the hands of the lawyers, and in daily use in the decision of new causes, will tell us whether or no the Code of Slavery is o)solete, and the statute )oo* of the slave states a dead letter! Chief ?ustice Binsey, of the Supreme Court of 'ewI?ersey, in ;<3<, said= (#hey- .Indians7 (have so long )een recogni>ed as slaves in our law, that it would )e as great a violation of the rights of property to esta)lish a contrary doctrine at the present day, as it would in the case of $fricans, and as useless to investigate the manner in which they originally lost their freedom!- .#he State vs! Gagoner, ; Halstead1s %eports, 9<4 to 9<@!7 #o )e a slave then, even in 'ewI?ersey, is to )e property, upon the same tenure upon which other property is held! #his is (the legal relation of master and slave- there, if the courts understand it correctly! Ge will now travel further south, and loo* into the courts for information! $s our guide we will ta*e (Gheeler1s &aw of Slavery,- a regular law )oo*, made for the use of slaveholders!K Slave property, li*e other property, is the su)+ect of fre8uent litigation )etween the different owners or claimants of it, or with their neigh)ors! From these suits chiefly, and for use in future suits, the volume of Mr! Gheeler is compiled! #he 9

incidental testimony of such a wor* to the nature and incidents of slavery is the strongest and the most uno)+ectiona)le that can )e conceived! Ge shall refer to it fre8uently in this volume! On the property tenure and chattelhood )y which slaves are held, its testimony is clear and e,plicit! #he idea is involved and implied throughout the entire volume! $ few direct statements of the doctrine will )e sufficient! &et it; )e understood that our 8uotations are the decisions of Courts, stated in the language of the ?udges! (Slaves, from their nature, are CH$##C&S, and were put in the hands of e,ecutors, )efore the act of ;<3/ declaring them to )e personal estate!- .Gheeler1s &aw of Slavery, p! /!7 (#he phrase Lpersonal estate,IL in wills and contracts, should )e understood as em)racing slaves!- .I)!7 (Slaves were declared )y law to )e real estate, and descend to the heir at law! #hey are considered real estate in case of descents!- .I)!7 ($lthough for some purposes slaves are declared )y statute to )e real estate, they are nevertheless, intrinsically personal, and are therefore to )e considered as included in every statute or contract in relation to chattels which does not, in terms, e,clude them! #hey are lia)le, as chattels, to the payment of de)ts,- 6c! .I)! p! 9<!7 In the case of Harris vs! Clarissa and others, March #erm, ;@94, .5 Derger1s #enn! %ep!, //<; Gheeler1s &aw of Slavery, pp! 9;3I/5,7 the Chief ?ustice, in delivering the opinion of the Court, found occasion .p! 9/:7 to say= (In Maryland, the issue- .i! e!, of female slaves7 (is considered not an accessory, )ut as a part of the use, li*e that of other female animals! .; Har! 6 McHen! %ep!, ;5A, 9:/; ; Har! 6 ?ohn1s %ep!, :/5; ; Hayw! %ep!, 99:!7 Suppose a )rood mare )e hired for five years, the foals )elong to him who has a part of the use of the dam! ./ 0lac*! Com!, /3A; ; Hayw! %ep!, 99:!7 #he slave, in Maryland, in this respect, is placed on no higher or different ground!- Mr! Fholson, of the Eirginia &egislature, )y the use of similar language, .as will hereafter )e 8uoted,7 offended the delicacy of some, who supposed him to )e peculiarly )rutish and gross; )ut we here find it to )e in accordance with the ordinary language of the courts of lawM $)out fortyIfive pages of (GheelerNs &aw of Slavery- are occupied with +udicial decisions concerning the (warranty of slaves- sold, in respect to their soundness, health, (freedom from all redhi)itory vices, diseases,- 6c! It is impossi)le to loo* over the revolting details, and to notice the coldhearted insensi)ility with which the rules and decisions of the Courts are laid down and recorded, without )eing deeply impressed with the unhumani>ing effects of the process, particularly in the systematic forgetfulness that the slave is any thing more than a )rute animal! #he section concerning (the warranty of moral 8ualities- may )e claimed as an e,ception, and is certainly one of the most remar*a)le pieces of law literature e,tant= (#he /:AAth article of the Code of &ouisiana divides the defects of slaves into two classes= vices of )ody, and vices of character!- (0ut with regard to those of character, the 4

ne,t article e,pressly declares that they are confined to cases where the slave has committed a capital crime, where he is convicted of theft, and where he is in the ha)it of running away!- .p!;99!7 (2run*enness is a mental, not a physical defect, and is not ground of redhi)ition!- .I)!7 (0ut a fraudulent concealment of it will )e a ground for rescinding the contract!- .I)!, p! ;94!7 (In South Carolina there is no implied warranty of the moral 8ualities of the slave;- (as where a slave was sold who had committed )urglary, the fact )eing un*nown to )oth the seller and purchaser!- .I)!, p! ;95!7 #hese 8uotations are made to prove the )ona fide, matterIofIfact chattelhood of the slave, or his )eing degraded to the condition of mere property, either real or personal! $nd they show that the condition adheres not merely to the )ody, )ut to the soul; to the moral 8ualities that distinguish a man from a )ruteM It is an honest servant that the vender sells! If the article is proved to have )een dishonest, the sale is vitiated! #he honesty of the man, then, is a commodity in the mar*etM (Cra>iness or idiocy is an a)solute vice; and, where not apparent, will annul the sale!.I)!, p! ;93!7 #he FodIli*e intellect of the human chattel is, therefore, the commodity sold and warrantedM On the same page, a case is cited (Icar vs! Suars, ?an! #erm, ;@9:! < &ouisiana %eports, :;<- in which ?udge 0ullard, after stating the law and the facts, gave +udgment for the plaintiff, saying, (Ge are satisfied that the slave in 8uestion was wholly, and perhaps worse than useless!- In the case of the State vs! Mann, the defendant was indicted for an assault and )attery on a hired slave, named &ydia! ?udgment was rendered for the State; )ut, on an appeal, the +udgment was reversed! In giving his decision, ?udge %uffin thus disposes of the plea that the relation of master and slave resem)les other domestic relations= (#his has indeed )een assimilated, at the )ar, to the other domestic relations; and arguments drawn from the wellIesta)lished principles which confer and restrain the authority of the parent over the child, the tutor over the pupil, the master over the apprentice, have )een pressed upon us! #he Court does not recogni>e their application! #here is no li*eness )etween the cases! #hey are in opposition to each other, and there is an impassa)le gulf )etween them! #he difference is that which e,ists )etween freedom and slavery, and a greater cannot )e imagined! In the one, the end in view is the happiness of the youth, )orn to e8ual rights with that governor on whom the duty devolves of training the youth to usefulness, in a station which he is afterwards to assume among freemen! #o such an end, and with such a su)+ect, moral and intellectual instruction seem the natural means; and, for the most part, they are found to suffice! Moderate force is superadded, to ma*e the others effectual! If that fail, it is )etter to leave the party to his own headstrong passions, and the ultimate correction of the law, than to allow it to )e immoderately inflicted )y a private person! Gith slavery it is far otherwise! #he end is the profit of the master, his security, and the pu)lic safety! #he su)+ect is :

doomed, in his own person and his posterity, to live without *nowledge, and without capacity to ma*e any thing his own, and to toil that others may reap the fruits,- 6c! From such premises the ?udge infers the necessity of a)solute power in the master over the slave, and the impossi)ility of any legal protection to the slave from that power, while the slave system continues! Ge shall cite his words, to this effect, in another connection! It would )e easy to multiply appropriate 8uotations from the courts, )ut we reserve them for a still more appropriate use, in treating of the various features of slavery, all of which spring out of the principle of property in man, and attest its e,istence and activity! &et us ne,t see how this matter is understood among slaveholders themselves! Hear the testimony of their statesmen! #HOM$S ?CFFC%SO', in his letter to Fovernor Coles, of Illinois, dated $ugust /:th, ;@;4, asserts that slaveholders regard their slaves as property and as )rutes, in the paragraph that follows= ('ursed and educated in the daily ha)it of seeing the degraded condition, )oth )odily and mental, of these unfortunate )eings, FCG MI'2S H$EC DC# 2O"0#C2 #H$# #HCD GC%C $S &CFI#IM$#C S"0?CC#S OF P%OPC%#D $S #HCI% HO%SCS O% C$##&C!O .$m! Slavery as it is, pp! ;;AI;;!7 HC'%D C&$D, in his cele)rated speech in the "! S! Senate, in ;@93, )ased his argument against the a)olition of slavery on the value of the slaves, $S P%OPC%#D! #his was his language= (#he third impediment to immediate a)olition is to )e found in the immense amount of capital which is invested in slave property!- (#he total value of slave property then, )y estimate, is twelve hundred millions of dollars! $nd now it is rashly proposed, )y a single fiat of legislation, to annihilate this immense amount of propertyM #o annihilate it without indemnity, and without compensation to #HC OG'C%S!- (I *now that there is a visionary dogma which holds that negro slaves cannot )e the su)+ect of property! I shall not dwell on the speculative a)straction! #hat IS property which the law declares #O 0C property! #wo hundred years of legislation have sanctified and sanctioned negro slaves as property!#his argument identifies slaveholding with human chattelhood, and the relin8uishment of this claim of property with a)olition! It )ases the practice upon the theory, and rests the +ustification of its perpetuity upon the practical efficacy of the law, as )eing neither a dead letter nor o)solete! In this argument the slaveholders confide, the nation consents, and therefore slavery e,ists, with all the evils it )rings in its train! 0y claiming their slaves as (property,- the (owners- of this property are naturally led to forget and even to deny that they are human )eings! For proof of this we cite the speech of Mr! S"MMC%S of Eirginia, in the &egislature of that State, ?anuary /5, ;@9/, as pu)lished in the %ichmond Ghig=

(Ghen in the su)lime lessons of Christianity, he .the slaveholder7 is taught to Ldo unto others as he would have others do unto him,1 he never dreams that the degraded negro is within the pale of that holy canon!Ge learn from this that the Southern pulpit has failed to teach the community a contrary lesson! #he innocent (legal relation- has )een suffered to circumscri)e the +urisdiction of the golden rule! Col! 2$D#O', formerly mem)er of Congress from SouthICarolina, in a wor* entitled, (#he South vindicated from the #reason and Fanaticism of 'orthern $)olitionists,- holds the following language= (#he 'ortherner loo*s upon a )and of negroes as so many men, )ut the planter or Southerner views them in very different light!Mr! FHO&SO', of Eirginia, in his speech in the &egislature of that State, ?an! ;@, ;@9;, as pu)lished in the %ichmond Ghig, .in reply to some mem)ers who had proposed a)olition,7 said= (Ghy, I really have )een under the impression that I owned my slaves! I lately purchased four women and ten children, in whom I thought I o)tained a great )argain, for I really supposed they were my property, as were my )rood mares!Mr! GISC, in the "nited States House of %epresentatives, said= (#he right of petition )elongs to the people of the "nited Staves! Slaves are not people in the eye of the law! #hey have no legal personality!$nother gentleman .as 8uoted )y Mr! Eanderpool, of 'ewIDor*7 said= (S&$ECS had no more right to )e heard than HO%SCS $'2 2OFS!Mr! E$'2C%POO&, of 'ewIDor*, himself said He should )e ashamed of himself, if he ever could have supposed that slaves had a right to petition this or any other )ody where slavery e,ists!- (Had any one, )efore toIday, ever dreamed that the appellation of #HC PCOP&C em)raced S&$ECSJ SirM .said he,7 I hesitate not to say, that were I a Southern man, I would not su)mit to the doctrine that slaves have a right to petition, if Congress were ever mad enough to sanction it! 'ay, I go farther, and say, that as a 'orthern man I would not su)mit to it!Mr! PICBC'S, of South Carolina, said= (#he offense of Mr! $dams consisted in his announcing, that he had a petition from the slaves, #H"S 2CS#%ODI'F #HC %C&$#IO' 0C#GCC' M$S#C% $'2 S&$EC, and denying the doctrine that the slave can 0C HC$%2 O'&D #H%O"FH HIS M$S#C%!#he doctrine, thus e,plained and advocated, was deli)erately and solemnly sanctioned )y the House of %epresentatives of the "nited States, in a resolution adopted Fe)! ;;, ;@9< yeas ;5/, nays ;@, as follows= (%esolved, that S&$ECS do not possess the right of petition secured to #HC PCOP&C of the "nited States, )y the Constitution!-

<

#hus was the national sanction given to the definition of (the legal relation )etween master and slave,- which denies that (the relation- can consist with the recognition of personality and humanity in the slave! Ccclesiastical )odies have )een e8ually e,plicit in their definition of the relation! #he Charleston 0aptist $ssociation addressed a memorial to the &egislature of South Carolina, maintaining that (the 2ivine $uthor of our holy religion- adopted this institution (as one of the allowed relations of society,- and they further say= ('either society nor individuals have any more authority to demand a relin8uishment, without an e8uivalent, in the one case than in the O#HC%,- .that is, their right to7 (the money and lands inherited from ancestors, or derived from industry!- (Ge would resist to the utmost every invasion of this right, come from what 8uarter and under what pretence it may!In the settlement of the estate of %ev! 2r! Furman, of the same sect, in the same State, his legal representatives e,ercised this (right,- in an advertisement of a pu)lic sale of his property at auction, as follows= ($ plantation or tract of land on and in Gateree swamp, a tract of the first 8uality of fine land on the waters of 0lac* %iver; a lot of land in the town of Camden; a li)rary of a miscellaneous character, chiefly theological; twentyIseven negroes, some of them very prime; two mules; one horse; and an old wagon!(Slaves are neither considered nor treated as human )eings!-K #his is the testimony of Mr! &! #urner, a regular and respecta)le mem)er of the Second= Pres)yterian church in Springfield, Illinois; who was )rought up in Caroline County, Eirginia! $nd the testimony is approvingly communicated )y %ev! Gilliam #! $llan, of Chatham, Illinois, pastor of a Pres)yterian church in that place! Mr! $llan is son of %ev! 2r! $llan, pastor of the Pres)yterian church in Huntsville, $la)ama! .Geld1s (Slavery as it is,- p! 45!7 (Slaveholders regard their slaves as property, the mere instruments of their convenience and pleasure! One who is a slaveholder at heart, never recogni>es a human )eing in a slave!- #his is the testimony of $ngelina Frim*e Geld, daughter of the late ?udge Frim*e of the Supreme Court of South Carolina, and sister of the late Hon! #homas S! Frim*e of Charleston! .I)!, :<!7 Ghen a slave is accidentally *illed, the Southern newspapers spea* of it merely as a loss of property to the owner! 'othing is said of the )ereaved widow, children, or parents of the deceased! It would )e easy to present numerous instances in proof! #he 'atche> .Miss!7 Free #rader of Fe)ruary ;/, ;@9@, contained the following advertisement= (FO"'2= $ 'CF%O1S HC$2 Gas pic*ed up on the railroad, yesterday, which #HC OG'C% can have )y calling at this office and paying for this advertisement!- .I)!, ;53!7

#he idea of the advertiser pro)a)ly was, that the head would )e of use to the owner in esta)lishing his claim on the %ailroad Company, or some one, for damages in the destruction of his property! #he Eic*s)urg .Miss!7 %egister, 2ecem)er /<, ;@9@, contains the following item of news for the amusement of its readers= ($%2O% I' 0C##I'F! #wo gentlemen at a tavern having summoned the waiter, the poor fellow had scarcely entered when he fell down in a fit of apople,y! LHe1s deadM1 e,claimed one! LHe1ll come to,1 replied the other! L2ead for five hundredM1 L2oneM1 retorted the second! #he noise of the fall, and the confusion which followed, )rought up the landlord, who called out to fetch a doctor! L'o, noM we must have no interference there1s a )et dependingM1 L0ut, sir, I shall lose a valua)le servantM1 L'ever mind, you can put him down in the )illML- #his is shoc*ing= )ut, aside from the moral wrong of )etting, the principle involved differs nothing from that avowed )y the Charleston 0aptist $ssociation already 8uoted, so far as the matter of human chattelhood is concerned! $dmit the doctrine, as held )y the $ssociation, and as defended )y Mr! Clay, and the life of the negro was no more sacred than the life of a horse! (#he innocent legal relation(sanctifies and sanctions- the whole! #he same principle finds daily e,pression in the ordinary voca)ulary of slaveholders! #heir slaves, li*e their other domestic animals, are called (stoc*!- #he children of slaves are spo*en of, prospectively, even )efore they are )orn, as anticipated (increase!- Female slaves that are mothers are called ()reeders,- till past childI)earing! #hose who compel the la)or of slaves are called (drivers!- &i*e horses they are warranted, when sold, to )e (sound,- and are returned )y the purchaser when (unsound!#he same principle is recogni>ed )y the free citi>ens and professed Christians of the 'orth, whenever they spea* of the slaveholder1s (rights of property,- or entertain the idea of (compensation- to them, in case of a general a)olition of slavery, or of the redemption of particular slaves, in any such sense as implies that such appropriation or purchase money would )e e8uita)ly due! It remains to )e o)served that this claim of property in slaves, )oth in theory and practice, as defined )y legislation and +urisprudence, as defended )y theologians and as sanctioned )y ecclesiastical )odies, as carried out into everyIday practice )y the pious and )y the profane, is manifestly and notoriously a claim, not only to the )odies and the physical energies of the slave, )ut also to his immortal soul, his human intelligence, his moral powers, and even .in the case of a pious slave7 to his Christian graces and virtues! #his is proved )y the fact, that the )ody of the slave without his soul would )e a dead carcass of no value! Or, if it )e o)+ected that the same distinction o)tains )etween a dead horse and a living one, our proposition is proved )y the fact, that if the slave had only the intellectual powers of a horse, his inferiority to a horse in physical strength would sin* him )elow the pecuniary value of a horse, instead of his commanding, as he now does, the price of a num)er of horses! 3

In advertisements of slaves to )e sold or to )e hired out, their intelligence, their s*ill, their honesty, their so)riety, their )enevolent dispositions are specified and insisted on, as items of primary importance in estimating their value! #heir piety is not unfre8uently mentioned in the inventory, and they are recommended as )eing worthy mem)ers of Methodist, 0aptist, or Pres)yterian churches! $nd church mem)ers of the same sects )oth )uy and sell them on the )asis of these recommendations! #his, in the "nited States of $merica, in this nineteenth century, is (the legal relation of master and slave- a relation that challenges as (goods- and (chattels personal, to all intents, constructions, and purposes whatsoever,- the immortal soul of man, the image of the invisi)le Creator, the temple of the Holy Spirit, the purchase of a %edeemer1s )lood! #he statement is no rhetorical flourish! It is no mere logical inference! It is no metaphysical su)tlety! It is no empty a)straction! It is no o)solete or inoperative fiction of the law! It is verita)le matterIofIfact reality, acted out every day wherever and whenever a negro or any one else is claimed as an $merican slave! If any slaveholder denies it, let him )e challenged to put the denial in writing, duly attested, and in such a shape that the courts of law can ta*e cogni>ance of it! Ghenever he does this, and puts the paper in the hands of his slave or trusty friend, his slave is set free! Cvery intelligent slaveholder *nows this! #he evidence already presented is sufficient, )ut there is much more in reserve! In the chapters that follow, the various features of the slave system will )e presented, as defined )y the Slave Code and as e,hi)ited in daily practice! $nd each one of these features will )e seen to grow out of the foundation principle of $merican Slavery to wit, human chattelhood, as e,hi)ited in this chapter, thus proving the presence and the vitality of that principle )y its practical operations and )earings! #he whole system may )e educed from this parent stoc*, as any science, in detail, is educed from its fundamental a,ioms! &et any reflecting person assume that human chattelhood, or property in man, is the foundation of the system; then let him follow out, in his own mind, the natural and necessary wor*ings of such a principle reduced to practice, and he will )e a)le to anticipate )eforehand almost the entire code of slavery, and the practices e,isting under it! CH$P#C% III! SCIP"%C OF S&$EC P%OPC%#D FO% 2C0#! $s Property, Slaves may )e sei>ed and sold to pay the 2e)ts of their Owners, while living, or for the settlement of their Cstates, after their decease! #HIS is evident from the very nature of property, especially of chattels personal, as well as from the fact that slaves may )e )ought and sold, and pawned or mortgaged for the security of de)ts! $ pawn or mortgage is of the nature of )arter! If not redeemed, it )ecomes a )arter in the end! $nd )arter is only one form of purchase and sale! Ghatever may )e )ought and sold may )e )artered, conse8uently mortgaged; and, if unredeemed, sei>ed, ta*en possession of!

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#he very definition of slave property, as cited in Chapter I!, specifies this incident! #hey (may )e sold, transferred, and pawned!- #hey are (chattels personal, to all intents, constructions and purposes whatsoever!(#he slave, )eing a personal chattel, is at all times lia)le to )e sold a)solutely, or mortgaged, or leased, at the will of his master! He may also )e sold )y process of law for the satisfaction of the de)ts of a living, or the de)ts and )e8uests of a deceased master, at the suit of creditors or legatees!.Stroud1s S*etch, pp! /:, :;!7 (If a slave sold, remains with the vender, he is lia)le to )e sei>ed for his de)ts!.Gheeler1s &aw of Slavery, p! :4!7 (Slaves are considered as property, and in most of the States they are considered as chattels personal! #hey are therefore su)+ect to those rules and regulations which society has esta)lished for the purchase and sale, and transmission from one to another, of that species of property! #hey therefore may )e mortgaged as personal property, or are the su)+ects of a 8ualified or conditional sale, to suit the wants of the owner or purchaser of them! #hey are declared to )e personal estate )y the %evised Code of Mississippi, 9<3; %evised Code of Eirginia, vol! I!, pp! 49;I4<! Indeed, they are considered the su)+ects of mortgage in all the States )y custom, and which e,ists in many of the States )y e,press statutory provisions!- 0y the 0lac* Code of &ouisiana, vol! I!, 2ig!, p! ;A/, sect! ;A, it is declared that slaves shall )e reputed and considered real estate; shall )e, as such, su)+ect to )e mortgaged, according to the rules prescri)ed )y law, and they shall )e sei>ed and sold as real estate! .I)!, 'ote, pp! ;54I:!7 (Slaves may )e sold )y creditors for de)ts of their owners, in all the States )ut &ouisiana, where they cannot )e separated from the land!- .; Martin1s 2ig!, 5;/, $ct of ?uly, ;@A5; cited in Gheeler1s &aw of Slavery, p! 4;!7 (#he children of a female slave mortgaged, )orn after the e,ecution of the mortgage, are as much lia)le to the demand of the mortgagee as the slave herself!- .I)!, p! ;5<!7 In contrast with the preceding, we present the following= (Plantation slaves, not only in the Spanish and Portuguese, )ut in the French colonies also, are real estate, and attached to the soil they cultivate, parta*ing therewith all the restraints upon voluntary alienation to which the possessor of the land is there lia)le, and they cannot )e sei>ed or sold )y creditors for the satisfaction of the de)ts of the owner! It has already )een stated that )y the Code 'oir,under sei>ure for de)ts, are declared void! .See Stephens1 Slavery, 5@I3; Stroud1s S*etch, p! :9!7 art! 4<, the hus)and cannot )e sold without the wife, nor the parents without the children! Sales made contrary to this regulation, )y process of law, It is evident that this feature of lia)ility to sei>ure for the master1s de)t is, in many cases, more terrific to the slave than that which su)+ects him to the master1s voluntary sale! #he slave may )e satisfied that his master is not willing to sell him that it is not for his interest or convenience to do so! He may )e conscious that he is, in a manner, necessary to his master or mistress, or that, )eing a favorite and tried servant, they would not sell him at any price! He may even confide in their Christian )enevolence and moral ;;

principle, or promise that they would not sell him, especially that they would not thus separate him from his wife and children! 0ut all this affords him no security or ground of assurance that his master1s creditor will not sei>e him, or his wife or his children, against even his master1s entreaties! Such occurrences are too common to )e unnoticed, or out of mind! $dvertisement in the Feorgia ?ournal of ?anuary /d, ;@9@! (GI&& )e sold, the following P%OPC%#D, to wit One CHI&2, )y the name of ?ames, levied on as the property of Fa)riel Funn!From the Southern Ghig, March /, ;@9@! 'either the Court, the sheriff, the plaintiff, the defendant, nor the negro girl, appear to have )een instructed in the literature which assures willing dupes that the Slave Code is o)solete a dead letter! From the Milledgeville ?ournal, 2ec! /5, ;@9<! Here, again, the (chattel principle- appears not to have )een regarded as (a mere metaphysical, speculative a)straction,- as some would persuade us to )elieve it is! From the 'atche> Courier, $pril /, ;@9@! ('O#ICC is here)y given that the undersigned, pursuant to a certain 2eed of #rust, will, on #hursday, the ;/th day of $pril ne,t, e,pose to sale at the CourtIHouse, to the highest )idder, for cash, the following negro slaves, to wit= Fanny, aged a)out twentyIeight years; Mary, aged a)out seven years; $manda, aged a)out three months; Gilson, aged a)out nine months! Said slaves to )e sold for the satisfaction of the de)t secured in said 2eed of #rust! (G! ?! MI'O%!#he (legal relation- was here defined and e,emplified, as li*ewise in the following= C,tract of a letter to a mem)er of Congress from a friend in Mississippi, pu)lished in the Gashington Flo)e, ?une, ;@9<! (#he times are truly alarming here! Many plantations are entirely stripped of their negroes and horses, )y the marshal or sheriff! Suits are multiplying,- 6c! #ruly alarming times, indeed, for slave mothers and their )a)esIfor slave wives and their hus)ands! 0ut of their alarms the writer, the pu)lisher, and the readers generally, it may )e presumed, thought no more than they did of the alarms of the (horses- associated and sei>ed with them! In all this we have only the natural wor*ings of the (legal relation;- the legality of which was understood and enforced )y the sheriff! It were idle to tal* of his act or of the act of the creditors as an a)use of the relation! #he relation is that of owner and chattels, and nothing else! It would )e a)surd .not to say dishonest7 for the law to sanction such a relation, and then leave the rights unprotected which the relation implies! Gere it true that such a relation e,isted, and that it was truly legal and valid, there would )e manifest in+ustice to the attaching creditor, as well as to the voluntary slave vender, in the Code 'oir! #he truth is, no such (legal relation- can )e ;/

valid; and to this fact, the Code 'oir gives its attestation, )y its veto upon the e,ercise of its involved rights! Ge dismiss also this feature of the Slave Code, with the remar* that, in respect to it, we find the people to )e no )etter than their laws, and their usages no worse than (the legal relation- that gives sanction to them! /3 9A 9; 9/ 99 94 9: 95 9< 9@ K 'othing else than the prevalence of this feeling can account for the preposterous effort to discredit the unity of the negro race with the rest of man*indM It is very remar*a)le that Mr! ?efferson, who wrote so elo8uently against slavery, and whose *indness to his own mulatto slave children was so commenda)le, should have pu)lished to the world such crude speculations of this character Qfootnote continues on p! 93R not less unphilosophical than unscriptural! It is still more remar*a)le that professed )elievers in the 0i)le should e,press dou)ts on the su)+ectM 93 4A 4; 4/ 49 59 54 5: 55 (GI&& )e sold, in &a Frange, #roup County, one negro girl, )y the name of Charity, aged a)out ten or twelve years, as the property of &ittleton &! 0ur*, to satisfy a mortgage fi! fa! from #roup Inferior Court, in favor of 2aniel S! %o)ertson vs! said 0ur*!(CSCC"#O%S1 S$&C! $greea)le to an order of the Court of Gil*inson County, will )e sold on the first #uesday of $pril ne,t, )efore the CourtIHouse door in the town of Irwington, O'C 'CF%O FI%&, a)out two years old, named %achel, )elonging to the estate of Gilliam Cham)ers, deceased! Sold for the )enefit of the heirs and C%C2I#O%S of said estate! (S$M"C& 0C&&, ;9

(?CSSC PC$COCB, T C,ecutors!5< 5@ CSP&$'$#IO' GH$# #HIS #%$'S&$#CS #O Dou as a slave owner have a trust relationship with the Uueen of Cngland, the deity of the trust! #he Uueen created the #rust under the Crown and is considered the Creator of the #rust, which means she can not )e touched! 'ow you as a slave owner of the property are in a trust relationship, as you are the owner of the property held in #rust, where she is the sovereign! #he President of the "'I#C2 S#$#CS is the C,ecutor .e,ecutive7 of the #rust, who e,ecutes the will of congress, the House of %epresentatives of Congress represent the slave owners1 interests in the pu)lic, the Congressmen in Congress are the #rustees privately, and the Supreme Court determines if the trust has )een )ro*en! #hey transferred the lia)ility to the slave owners when they passed their ;<th amendment in ;3;9, the same year as the federal reserve act, and made the Federal %eserve the people, and the people in the States )ecame the slave holders i!e! ?ohnI$dam= Smith, and ?OH' $2$M SMI#H the all cap name )ecame the real estate account representing all holdings! 'ow you are in direct contract with the Federal %eserve )ypassing the constitution, and therefore your contract with the Federal %eserve is a private contract )etween the people, and congress is under no o)ligation as a trustee! #hat is why it is so important to cancel that Federal %eserve account! #he )eneficiary is the S#$#C )enefiting from the act of another therefore creating a welfare S#$#C! In essence you are a slave owner of real property referred to as Slave! #hat is why on documents such as Certificate of #itle they refer to you as owners! $s long as you are an owner only you can contract for the slave, and are the one who is lia)le for the mortgages! Ghen they freed the )lac*s after the Civil Gar, they made the )lac* and white men slave holders so they can )oth )orrow credit and )e in perpetual de)t!

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