and cases must be of constant occurrence at the south,
in which slaves get their first knowledge of the existence
of a law by suffering its penalty. Indeed, this
is probably the way in which they commonly learn what
the laws are; for how else can the slave get a knowledge
of the laws? He cannot
read—he
cannot
learn to read; if he try to master the
alphabet, so that he may spell out the words of the
law, and thus avoid its penalties, the law shakes
its terrors at him; while, at the same time, those
who made the laws refuse to make them known to those
for whom they are designed. The memory of Caligula
will blacken with execration while time lasts, because
be hung up his laws so high that people could not
read them, and then punished them because they did
not keep them. Our slaveholders aspire to blacker
infamy. Caligula was content with hanging up
his laws where his subjects could
see them;
and if they could not read them, they knew where they
were, and might get at them, if, in their zeal to
learn his will, they had used the same means to get
up to them that those did who hung them there.
Even Caligula, wretch as he was, would have shuddered
at cutting their legs off, to prevent their climbing
to them; or, if they had got there, at boring their
eyes out, to prevent their reading them. Our slaveholders
virtually do both; for they prohibit their slaves acquiring
that knowledge of letters which would enable them
to read the laws; and if, by stealth, they get it
in spite of them, they prohibit them books and papers,
and flog them if they are caught at them. Further—Caligula
merely hung his laws so high that they could not be
read—our slaveholders have hung
theirs so high above the slave that they cannot be
seen—they are utterly out of sight,
and he finds out that they are there only by the falling
of the penalties on his head.[35] Thus the “public
opinion” of slave states protects the defenceless
slave by arming a host of legal penalties and setting
them in ambush at every thicket along his path, to
spring upon him unawares.
[Footnote 35: The following extract from the
Alexandria (D.C.) Gazette is all illustration.
“CRIMINALS CONDEMNED.—On Monday last
the Court of the borough of Norfolk, Va. sat on the
trial of four negro boys arraigned for burglary.
The first indictment charged them with breaking into
the hardware store of Mr. E.P. Tabb, upon which
two of them were found guilty by the Court, and condemned
to suffer the penalty of the law, which, in the case
of a slave, is death. The second Friday in April
is appointed for the execution of their awful sentence.
Their ages do not exceed sixteen. The first,
a fine active boy, belongs to a widow lady in Alexandria;
the latter, a house servant, is owned by a gentleman
in the borough. The value of one was fixed at
$1000, and the other at $800; which sums are to be
re-imbursed to their respective owners out of the state
treasury.” In all probability these poor
boys, who are to be hung for stealing, never dreamed
that death was the legal penalty of the crime.