UNCLE TOM'S CABIN

at
"
was
to
and
96 KE7 TO UNCLE TOM'S CABIN.
whose interference led to the tragedyof 1822. The hope of freedom,of change of owners, revenge,
He here adverted to the views of Chancellor Harper
are all motives with slave witnesses to maligntheir
on this subject, who, in his able and philosophical
owners ; and to credit such testimony would be to
memoir on slaveryșaid : "It is a somewhat dissolve human society. Where deliberate, wilful,
singularfactțhat when there existed in our state and malicious murder is done,whether
no law for punishing the murder of a slave, by male
other or female țhe retribution of the law is a debt to
than a pecuniaryfine țhere were, I will venture God and man ; but the juryshould beware lest it
to say, at least ten murders of freemen for one murder
of a slave. Yet it is supposed that theyare not strictly murder at common law. The act of
"
less protectedthan their masters." The change 1740 was founded on the practicalgood sense of
was made in subserviency to the opinions and our old planters,and its spiritstillprevails. The
clamor of others,who were utterlyincompetentact of 1821 is,by its terms, an act only to increase
to form an opinion on the subject; and a wise act
the punishment of persons convicted of
is seldom the result of legislation in this spirit. murdering a and this isa refinement
humanity
slave,"
From the fact I have stated,it is plaintheyneed ofdoubtfulpolicyḄut,by the act of 1821,
less protection.Juries are, therefore, less willing
the murder must be wilful,deliberate and malicious
to convict,and it may sometimes happen that
; and,when punishment due to the slave,
the guilty will escape all punishment.Securitythe master must not be held to strict account for
ia one of the compensationsof their humble position.
goingan inch beyondthe mark ; whether for doing
We challengethe comparison, that with so he shall be a felon,is a question for the juryto
us there have been fewer murders of slaves than solve. The master must of
conquer a refractory
parents,children,apprentices, and other murders,
slave ; and deliberation, so as to render clear the
cruel and unnatural,in society where slavery
existence of malice,is necessary to bring the
does not exist."
master within the provisionof the act. He bade
Such was the opinion of Chancellor Harper on the jury remember the words of Him who spake
this subject,who had "
profoundlystudied it,and as never man Let him that has spake,"
never
whose views had been extensively read on this sinned throw the firststone.'" They,as masters,
continent and in Europe. Fortunately, the jury, mightregret excesses to which theyhave themselves
he said,were of the country,accjuainted with our carried punishment. He was not at all surprised
policy and practice; composedof men too independentat
the course of the attorney-general ; it was his
and honorable to be led astrayby the wont to treat every case with perfect fairness.He
noise and clamor out of doors. All was now as (ColonelII.)agreedthat the inquiry should be "
it should "
be; least,a court of justicehad 1. Into the fact of the death.
assembled țo which his clienthad fled for refuge 2. The character or motive of the act.
and safety; itsthreshold was sacred ; no profane The examination of the prisoner showed con
clamors entered there ; but legalinvestigation clusively that the slave died a natural death,and
was had of facts,derived from the testimony of
with a lawful weapon,
in weak health,nervous,
community to shut their bosoms againstsickly made "
angry by her punishment, excited.
humanity, and their ears to imaginary tales of The story was then a
blood and horror țhe food of a depravedappetite.
plainone ; the community
had been misled by the creations of imagination,
sworn witnesses ; and this should teach the
He warned the jury that theywere to listen to no
"
testimonybut that offreewhite persons, givenon
oath in open court. They were to imagine none
that came not from them. It was for this
that they were selected, their intelligence
putting them beyondthe influence of unfounded
accusations,unsustained by legalproof;
of legendsof aggravatedcruelty,founded on the
evidence of negroes, and arising from weak and
wicked falsehoods. Were slaves permittedțo
testify against their owner, it would cut the cord
that unites them in peace and harmony, and
enable them to sacrificetheir masters to their ill
will or revenge. Whole crews had been often
leagued to chargecaptainsof vessels with foulest
murder,but judicialtrial had exposed
the falsehood.
clearly contravened by the evidence of two white
Truth has been distorted in this case, and witnesses. This is exactlywhat the prisoner has
murder manufactured out of what was nothingdone ; she has,as the law permits, by callingon
more than ordinarydomestic discipline. Chastisement
must be inflicteduntil subordination is produced
; and the extent of the punishmentis not Which, then,should
to be judged of by one's neighbors, but by himself.
The event in this case has been unfortunate and
sad ; but there was no motive for the takingof
life. There is no pecuniary interest in the owner
to destroyhis slave ; the murder of his slave
can only happen from ferocious passions of the
master, filling his own bosom with anguish and
contrition. This case has no other basis but unfounded
rumor, commonly believed,on evidence
that will not venture here,the offspring
of that passion
and depravitywhich make up falsohood.
fall upon the innocent. The offence charged was
not from personalviolence. She was chastised
or the statements of interested slaves. The negro
came into her mistress' chamber; fell on the
floor medicine
"
was given ;
she was
her ; it was supposed
asleep, but she slept the sleepof death.
To show the wisdom and policy of the old act of
1740 (thisindictment is under both acts,
" the
punishment only altered by that of 1821),he
urged that a case like this was not murder at
common law ; nor is the same evidence applicable
at common law. There, murder was presumed
from
killing; not so in the case of a slave. The
act of 1740 permits
a master, when his slave ia
killed in his presence, there beingno other white
person present, to exculpate himself by his own
oath ; and this exculpation is complete,unless
God, exculpated herself. And her oath is good,
at least againstthe slander of her own slaves.
of others,
prevail, the clamors
or the policy of the law established by our
colonial ancestors? There would not be a tittle
of positiveevidence agains the prisoner,nothing
but circumstantial evidence ; and ingeniouscombination
might be made to lead to any conclusion.
"
"
Justice was all that his client asked. She appealed
to liberaland high-minded men, she
rejoicedin the privilege doing so, accord
selves.
her that justicethey would demand for them-
Mr. Deveaux was not cross-examined.