Law-making is a formal, deliberate act, performed by persons of mature age, embodying the intelligence, wisdom, justice and humanity, of the community; performed, too, at leisure, after full opportunity had for a comprehensive survey of all the relations to be affected, after careful investigation and protracted discussion. Consequently laws must, in the main, be a true index of the permanent feelings, the settled frame of mind, cherished by the community upon those subjects, and towards those persons and classes whose condition the laws are designed to establish. If the laws are in a high degree cruel and inhuman, towards any class of persons, it proves that the feelings habitually exercised towards that class of persons, by those who make and perpetuate those laws, are at least equally cruel and inhuman. We say at least equally so; for if the habitual state of feeling towards that class be unmerciful, it must be unspeakably cruel, relentless and malignant when provoked; if its ordinary action is inhuman, its contortions and spasms must be tragedies; if the waves run high when there has been no wind, where will they not break when the tempest heaves them!
Further, when cruelty is the spirit of the law towards a proscribed class, when it legalizes great outrages upon them, it connives at, and abets greater outrages, and is virtually an accomplice of all who perpetrate them. Hence, in such cases, though the degree of the outrage is illegal, the perpetrator will rarely be convicted, and, even if convicted, will be almost sure to escape punishment. This is not theory but history. Every judge and lawyer in the slave states knows, that the legal conviction and punishment of masters and mistresses, for illegal outrages upon their slaves, is an event which has rarely, if ever, occurred in the slave states; they know, also, that although hundreds of slaves have been murdered by their masters and mistresses in the slave states, within the last twenty-five years, and though the fact of their having committed those murders has been established beyond a doubt in the minds of the surrounding community, yet that the murderers have not, in a single instance, suffered the penalty of the law.
Finally, since slaveholders have deliberately legalized the perpetration of the most cold-blooded atrocities upon their slaves, and do pertinaciously refuse to make these atrocities illegal, and to punish those who perpetrate them, they stand convicted before the world, upon their own testimony, of the most barbarous, brutal, and habitual inhumanity. If this be slander and falsehood, their own lips have uttered it, their own fingers have written it, their own acts have proclaimed it; and however it may be with their morality, they have too much human nature to perjure themselves for the sake of publishing their own infamy.