UNCLE TOM'S CABIN
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.<br />
THE<br />
What<br />
KEY TO <strong>UNCLE</strong> TOM S <strong>CABIN</strong>.<br />
87<br />
"<br />
South. It is unhappilytoo notorious that<br />
they exist everywhere, in England, in<br />
New England, and the world over ; but<br />
they can only arrive at full maturity in<br />
pounds, current money.<br />
wickedness under a system where the law The language of this law, like many other<br />
clothesthem with absolute and of these<br />
irresponsible protective enactments,isexceedingly<br />
suggestive ;<br />
power.<br />
the first suggestion that occurs<br />
is,What sort of an institution, and what<br />
sort of a state of society is it țhat called<br />
CHAPTER V.<br />
PROTECTIVE ACTS OP SOUTH CAROLINA AND<br />
LOUISIANA.<br />
"<br />
IRON COLLAR OF LOU- ISIANA<br />
AND NORTH CAROLINA.<br />
Tennessee.<br />
Certain<br />
miscellaneousprotective acts<br />
In South Carolina, the act of 1740<br />
the wilful, deliberate murder of a<br />
slave by disfranchisement, and by<br />
Thus far by way of considering the pro-<br />
acts of North Carolina,Georgia and<br />
very fond<br />
tective<br />
of comparing it to the apprentice system of<br />
England and America. Let us suppose<br />
that in the British Parliament, or in a New<br />
of EnglandLegislature, the following law is<br />
proposed, under the titleof An Act for the<br />
Protection of Apprentices, "c. "c.<br />
various other states will now be cited,<br />
merely as specimens of the spirit of legislation.<br />
punished<br />
ct<br />
""<br />
Stroud, p. 39. J<br />
2Brevard'3 a tine or seven<br />
iij<br />
hundred<br />
j<br />
pounds<br />
igest,P.24i ċurrent money) or" in default of<br />
payment, imprisonment for seven years.<br />
But the wilfulmurder of a slave, in the sense<br />
contemplated in this law,is a crime which<br />
would not often occur. The kind of murder<br />
which was most frequent among masters or<br />
overseers was guardedagainstby another<br />
section of the same how act," adequately<br />
the reader will judge for himself, from<br />
following quotation :<br />
the<br />
If any person shall,on a sudden heat or passion,<br />
or by undue correction, kill his<br />
^?*"V2kB^'<br />
own slave'or the slave of any other<br />
yard's Digest, person,<br />
he shall forfeit the sum of<br />
241. James' three hundred and fiftypounds current<br />
Digest,392.<br />
^^<br />
by putting<br />
or small stick, or<br />
irons on, or confining<br />
or imprisoning such slave,<br />
out a law worded like this'? Laws are<br />
generally not made againstpractices that<br />
do not exist, and exist with some degree of<br />
frequency.<br />
The advocates of slavery are<br />
In case any person shall wilfully cut out the<br />
tongue,put out the eye, or cruellyscald,burn,or<br />
deprive any apprentice limb or member, or<br />
of any<br />
shall inflict any other cruel punishment, other<br />
than by whipping or beatingwith a horse-whip,<br />
cowskin șwitch or small stick,or byputting irons<br />
on or confiningor imprisoning such apprentice,<br />
every such person shall,for every such offence,<br />
forfeit the sum of one hundred pounds, current<br />
money.<br />
What a sensation such a proposedlaw<br />
would make in England may be best left<br />
for Englishmento say ;<br />
itwould<br />
but in New Eng-<br />
every such person shall,<br />
for every such offence,forfeitthe sum of one hundred<br />
land<br />
simplyconstitutethe proposer<br />
a candidate for Bedlam. Yet that such a<br />
statute is necessary in South Carolina is<br />
evident enough, if we reflect<br />
that,because<br />
it has<br />
there is no such statute in Virginia,<br />
been decided that a wretch who perpetrates<br />
all these enormities on a slave cannot even<br />
be indictedfor it,unless the slave dies.<br />
But let us look further :<br />
"<br />
is to be<br />
In 1821 the act punishing the wilful<br />
murder of the slave onlywith fine or im-<br />
was mainlyrepealed, and it was<br />
prisonment the penaltywhen any of these fiendish<br />
things are done '?<br />
be punished<br />
Why, the man forfeitsa hundred pounds,<br />
current<br />
money. Surely he ought to pay as<br />
enacted that such crime should<br />
by death ; but the latter section, which relates<br />
to killing the slavein sudden heat much as<br />
or<br />
that for doing so very unnecessary<br />
has been<br />
passion, or by undue an<br />
correction,<br />
act, when the Legislature bountifully<br />
altered onlyby diminishing the allows him to inflict<br />
pecuniary<br />
any torture which revengeful<br />
penalty to a fine of five hundred dollars,<br />
ingenuity could devise, by means<br />
of<br />
authorizing alsoimprisonment for six months.<br />
horse-whip,cowskin, switchor small stick,<br />
or<br />
The next protective statute to be<br />
putting<br />
noticed<br />
irons on, or confining and<br />
is the following from the act of One would surelythink that<br />
1740,South<br />
here was sufficient<br />
Carolina.<br />
scope and varietyof<br />
legalized means of torture to satisfy any<br />
In case<br />
any person .shall wilfully cut out the ordinaryappetite for vengeance. It would<br />
tongue,put out the * * *<br />
eye,<br />
or cruelly scald,<br />
appear decidedly that<br />
Stroud, hum,<br />
p. 40. or deprive any slave of any<br />
more piquant<br />
any limb, varieties of<br />
2 Brevard's or member, or shall inflict any other<br />
agony oughtto be an extra<br />
Digest. 241. cruei punishment,oth^r than bywhipping<br />
charge. The advocatesof slaveryare fond<br />
or beating with a horse- whip,cowskin șwitch of comparing the situationof the slavewith<br />
imprisoning