The reason assigned by the legislature for enacting a law which punished the wilful murder of a human being by a fine, was that ‘CRUELTY is HIGHLY UNBECOMING,’ and ‘ODIOUS.’ It was doubtless the same reason that induced the legislature in 1821, to make a show of giving more protection to the life of the slave. Their fathers, when they gave some protection, did it because the time had come when, not to do it would make them ‘ODIOUS,’ So the legislature of 1821 made a show of giving still greater protection, because, not to do it would make them ‘odious.’ Fitly did they wear the mantles of their ascending fathers! In giving to the life of a slave the miserable protection of a fine, their fathers did not even pretend to do it out of any regard to the sacredness of his life as a human being, but merely because cruelty is ‘unbecoming’ and ‘odious.’ The legislature of 1821 nominally increased this protection; not that they cared more for the slave’s rights, or for the inviolabity of his life as a human being, but the civilized world had advanced since the date of the first law. The slave-trade which was then honorable merchandise, and plied by lords, governors, judges, and doctors of divinity, raising them to immense wealth, had grown ‘unbecoming,’ and only raised its votaries by a rope to the yard arm; besides this, the barbarity of the slave codes throughout the world was fast becoming ‘odious’ to civilized nations, and slaveholders found that the only conditions on which they could prevent themselves from being thrust out of the pale of civilization, was to meliorate the iron rigor of their slave code, and thus seem to secure to their slaves some protection. Further, the northern states had passed laws for the abolition of slavery—all the South American states were acting in the matter; and Colombia and Chili passed acts of abolition that very year. In addition to all this the Missouri question had been for two years previous under discussion in Congress, in State legislatures, and in every village and stage coach; and this law of South Carolina had been held up to execration by northern members of Congress, and in newspapers throughout the free states—in a word, the legislature of South Carolina found that they were becoming ‘odious;’ and while in their sense of justice and humanity they did not surpass their fathers, they winced with equal sensitiveness under the sting of the world’s scorn, and with equal promptitude sued for a truce by modifying the law.
The legislature of South Carolina modified another law at the same session. Previously, the killing of a slave ’on a sudden heat or passion, or by undue correction,’ was punished by a fine of three hundred and fifty pounds. In 1821 an act was passed diminishing the fine to five hundred dollars, but authorizing an imprisonment ’not exceeding six months.’ Just before the American Revolution, the Legislature of North Carolina passed