Slavery and the Constitution

"Aug. 23."

Here is another instance, which happened several years since: —

"Notice. – Was committed to the jail of Washington County, District of Columbia, as a runaway, a negro-woman, by the name of Polly Leiper, and her infant child, William… Says she was set free by John Campbell, of Richmond, Va. in 1818 or 1819. The owner of the above-described woman and child, if any, are requested to come and prove them, and take them away, or they will be sold for their jail fees and other expenses, as the law directs.

    Tench Ringgold, Marshal.

"May 29, 1827."

Many other similar ones might be cited from papers published in the District. The following is taken from the "Mobile (Ala.) Register" of July 21, 1837: —

"Will be Sold Cheap for Cash, in front of the Court-house of Mobile County, on the 22d day of July next, one mulatto-man, named Henry Hale, who says he is free. His owner or owners, if any, having failed to demand him, he is to be sold according to the statute in such case made and provided, to pay jail fees.

    William Magee, Shff. M.C."

Here are two from the "Vicksburg (Miss.) Register." The first is the notice of the committal of a negro. The second is the advertisement for his sale: —

"Sheriff's Sale. – Committed to the jail of Warren County, as a runaway, on the 23d inst. a negro-man, who calls himself John J. Robinson; says that he is free; says that he kept a baker's shop in Columbus, Miss. and that he peddled through the Chickasaw nation to Pontotoc, and came to Memphis, where he sold his horse, took water, and came to this place. The owner of said boy is requested to come forward, prove property, pay charges, and take him away, or he will be dealt with as the law directs.

    Wm. Everett, Jailer.

"Dec. 24, 1835."

"Notice is hereby given, that the above-described boy, who calls himself John J. Robinson, having been confined in the jail of Warren County as a runaway for six months, and having been regularly advertised during this period, I shall proceed to sell said negro-boy at public auction to the highest bidder for cash, at the door of the Court-house in Vicksburg, on Monday, 1st of August, 1836, in pursuance of the statute in such case made and provided.

    E. W. Morris, Sheriff.

"Vicksburg, July 2, 1836."

Slavery, as it exists, is not wrong, according to Bishops Ives and Freeman; and yet, in the diocese of the former, in the "Fayetteville (N.C.) Observer," June 27, 1838, this advertisement appears: —

"Taken and committed to Jail, a negro-girl, named Nancy, who is supposed to belong to Spencer P. Wright, of the State of Georgia. She is about 30 years of age, and is a lunatic. The owner is requested to come forward, prove property, pay charges, and take her away, or she will be sold to pay her jail fees.

    Frederick Home, Jailer."

And suppose this supposition is incorrect, and that this poor woman does not belong to Mr. Wright, but on the contrary that she is free, how then will stand the case? A poor free woman, a lunatic, one who accordingly cannot by any possibility prove her freedom, being arrested as a runaway, may be sold as a slave for life, in virtue of the laws of the Christian State of North Carolina! And no one is entitled to pronounce such act to be wrong, unless he can produce a new revelation from Heaven! If a slave has performed a great service to the State or his master, as a reward he is set free; and, if the freeman, availing himself of his privileges, goes out of his own neighborhood, the law, with the sanction of right reverend fathers in God, consigns him to the auction block!

But the runaway slave is not always to be taken easily. Strenuous liberty is often preferred to slavish ease. To meet such cases, ample provision is made, no less degrading to the slave.

If any one here at the North should advertise that he was ready to pursue, with dogs trained for the purpose, runaway apprentices, or prisoners who had escaped from jail, we should all shudder at the cold-bloodedness of the proposition. Have we not, in the Old Bay State, just solemnly enacted that not even the most hardened convicts in our State Prison shall be whipped? How, then, can we so far forget our common manhood as to pursue our brother with bloodhounds? The slave, unlike the prisoner, has committed no crime. Unlike the apprentice, he has never consented, either by himself or his parents, to be a slave. He is held in slavery against his will, and not as the punishment for any crime; and yet, if he ventures to take his freedom, to assert the highest and holiest of all his rights, he is liable to be hunted with dogs and maimed with shot! In this so-called Christian country, which is spending its millions in regenerating the heathen, whole communities exist which tolerate such a fiendish occupation as a slave-hunter! Communities do we say? Has not the nation elevated to its highest post of honor the individual who first suggested to our government the idea of importing bloodhounds from Cuba, with which to track the Seminole Indians, and the fugitive slaves whom they protected, and with whom they had intermarried? How proudly did the star-spangled banner wave its folds over the gallant men and hounds that pursued and finally conquered the panting fugitives!

In the "Madison Journal," published at Richmond, La. Nov. 26, 1847, appears the following: —

"Notice. – The subscriber, living on Carroway Lake, on Hoe's Bayou, in Carroll Parish, sixteen miles on the road leading from Bayou Mason to Lake Providence, is ready with a pack of dogs to hunt runaway negroes at any time. These dogs are well trained, and are known throughout the parish. Letters addressed to me at Providence will secure immediate attention.

"My terms are $5 per day for hunting the trails, whether the negro is caught or not. Where a twelve hours' trail is shown, and the negro not taken, no charge is made. For taking a negro, $25, and no charge made for hunting.

    James W. Hall."

In the "Sumpter County Whig" (Alabama) of Nov. 6, 1845, the following is found: —

"Negro Dogs. – The undersigned, having bought the entire pack of negro dogs (of the Hay & Allen stock), he now proposes to catch runaway negroes. His charges will be $3 a day for hunting, and $15 for catching a runaway. He resides three and one half miles north of Livingston, near the lower Jones' Bluff road.

    William Gambrel.

"Nov. 6, 1845."

William W. Brown was hunted by Major Benjamin O'Fallon, who kept for his professional purposes five or six bloodhounds ("Narrative," p. 22). Last year, 1848, Mr. J. Ervin, a native of Fairfield District, South Carolina, a slave-hunter by profession, was murdered by some runaway slaves. Owners sometimes vary the monotony of a plantation life by a private hunt on their own account. But, unless they have considerable practice, they make a bungling piece of work of it. The true object, both of dogs and men, is the capture of the negro, not his death. Gen. Taylor did not wish to "worry" the Seminoles. We might cite many notices like the following, cut from the "Raleigh (N.C.) Register," Aug. 20, 1838: —

"On Saturday night, Mr. George Holmes, of this county, and some of his friends were in pursuit of a runaway slave (the property of Mr. Holmes), and fell in with him in attempting to make his escape. Mr. H. discharged a gun at his legs, for the purpose of disabling him; but, unfortunately, the slave stumbled, and the shot struck him near the small of the back, of which wound he died in a short time. The slave continued to run some distance after he was shot, until overtaken by one of the party. We are satisfied from all that we can learn, that Mr. H. had no intention of inflicting a mortal wound."

The hunter, in the following instance, was more skilful or lucky. The advertisement is found in the "Richmond Whig and Public Advertiser," Jan. 25, 1848: —

"$50 Reward. – Ran away from the subscribers, on Sunday, the 8th instant, a negro-man, named George. The said slave is about 21 years of age, black, about 5 feet 6 inches high, weighs about 150 pounds, has good teeth, and a round and likely face. He was purchased at R. H. Dickinson & Bro.'s auction-room, on the 22d of March, last, from Messrs. Millner & Keen, of Pittsylvania Court-house. He was purchased by them (M. & K.) in Rickingham, N.C.; and he will in all probability make for that place, as he ran off last April, and was taken upon his way there, at Amelia Court-house. The person that took him on that occasion shot him with small shot on the legs, and the shot-marks are very perceptible on the hind part or the calves of his legs. We will give $50 for the apprehension and delivery of said boy to R. H. Dickinson & Bro. in Richmond, Va. if taken up after this date; and, if taken up previous to this date, we will pay $25 for his delivery here, and the expense of bringing him to this place from where he may be taken up.

    Kelly, Hundley, & Co.

"Richmond, Aug. 27, 1847."

The Rev. Mr. Jones would probably instruct "George," that he was shot because he disobeyed God's commands in running away, and especially because he "robbed God of his own" in breaking the Sabbath! But how judicious was the man who took him up on that occasion! He only shot him with small shot in the legs!

In the "Macon (Ga.) Telegraph," Nov. 27, 1838, we find the following account of a runaway's den, and of the good luck of a "Mr. Adams," in running down one of them "with his excellent dogs: " —

"A runaway's den was discovered on Sunday, near the Washington Spring, in a little patch of woods, where it had been for several months so artfully concealed under ground, that it was detected only by accident, though in sight of two or three houses, and near the road and fields where there has been constant daily passing. The entrance was concealed by a pile of pine straw, representing a hog-bed, which being removed, discovered a trap-door and steps that led to a room about six feet square, comfortably ceiled with plank, containing a small fireplace, the flue of which was ingeniously conducted above ground and concealed by the straw. The inmates took the alarm, and made their escape; but Mr. Adams and his excellent dogs being put upon the trail, soon run down and secured one of them, which proved to be a negro-fellow who had been out about a year. He stated that the other occupant was a woman, who had been a runaway a still longer time. In the den was found a quantity of meal, bacon, corn, potatoes, &c. and various cooking utensils and wearing apparel."

The Lord of the sabbath seems to favor the masters; for Mr. Adams's hunt occurred on Sunday! Many other instances might be given. We adduce only this. The "St. Francisville (La.) Chronicle" of Feb. 1, 1839, gives the following account of a "negro-hunt" in that parish: —

"Two or three days since, a gentleman of this parish, in hunting runaway negroes, came upon a camp of them in the swamp on Cat Island. He succeeded in arresting two of them; but the third made fight, and, upon being shot in the shoulder, fled to a sluice, where the dogs succeeded in drowning him before assistance could arrive."

Does any one say these atrocities must be confined to the extreme South, and that law or public opinion in North Carolina would forbid them? How far otherwise is the fact! The "Revised Statutes" of North Carolina, chap. 111, sec. 22, provide as follows: —

"Whereas, many times slaves run away and lie out, hid and lurking in swamps, woods, and other obscure places, killing cattle and hogs, and committing other injuries to the inhabitants of this State; in all such cases, upon intelligence of any slave or slaves lying out as aforesaid, any two justices of the peace for the county wherein such slave or slaves is or are supposed to lurk or do mischief, shall, and they are hereby empowered and required to issue proclamation against such slave or slaves (reciting his or their names, and the name or names of the owner or owners, if known), thereby requiring him or them, and every of them, forthwith to surrender him or themselves; and also to empower and require the sheriff of the said county to take such power with him as he shall think fit and necessary for going in search and pursuit of, and effectually apprehending, such outlying slave or slaves; which proclamation shall be published at the door of the Court-house, and at such other places as said justices shall direct.[T] (#Footnote_T_20) And if any slave or slaves against whom proclamation hath been thus issued stay out, and do not immediately return home, it shall be lawful for any person or persons whatsoever to kill and destroy such slave or slaves by such ways and means as he shall think fit, without accusation or impeachment of any crime for the same."

This is truly a Christian law! A written proclamation to men, of whom not one in ten thousand can read a letter of it! – and yet, after publication of it at the door of the Court-house, and at such other places (if any) as the justices may direct, if the slaves do not immediatelyy return, it is lawful for any person to kill and destroy them "by such ways or means as he shall think fit." And may not bloodhounds be the most expeditious and fit?

Is this law a dead letter? Only fifteen days before Bishop Freeman's sermon was delivered, and Bishop Ives enjoyed "most unfeigned pleasure" at the thought that slavery existed as it did in North Carolina, the following proclamation and advertisement appeared in the "Newbern (N.C.) Spectator: " —

"State of North Carolina, Lenoir County. – Whereas complaint hath been this day made to us, two of the justices of the peace for the said county, by William D. Cobb, of Jones county, that two negro-slaves belonging to him, named Ben (commonly known by the name of Ben Fox) and Rigdon, have absented themselves from their said master's service, and are lurking about in the counties of Lenoir and Jones, committing acts of felony; these are, in the name of the State, to command the said slaves forthwith to surrender themselves, and turn home to their said master. And we do hereby also require the sheriff of said county of Lenoir to make diligent search and pursuit after the above-mentioned slaves… And we do hereby, by virtue of an Act of Assembly of this State concerning servants and slaves, intimate and declare, if the said slaves do not surrender themselves and return home to their master immediately after the publication of these presents, that any person may kill or destroy said slaves by such means as he or they think fit, without accusation or impeachment of any crime or offence for so doing, or without incurring any penalty or forfeiture thereby.

"Given under our hands and seals, this 12th of November, 1838.

    B. Coleman, J.P. [Seal.]
    Jas. Jones, J.P. [Seal.]

"$200 Reward. – Ran away from the subscriber, about three years ago, a certain negro-man, named Ben, commonly known by the name of Ben Fox, also one other negro, by the name of Rigdon, who ran away on the 8th of this month.

"I will give the reward of $100 for each of the above negroes, to be delivered to me, or confined in the jail of Lenoir or Jones County, or for the killing of them, so that I can see them.

    W. D. Cobb.