necessary in former times, are unsuited to the man a mulatto is considered slander, and the present day, still remain in force. Among words are actionable per se, without proof of these is the absurd and unjust privilege allowed any special damage.

to people of education to escape, in many cases,

the deserved punishment of their crimes, called Although slaves are thus treated by the law 'benefit of Clergy." In short, read the 4th as goods and chattels, they are considered to Vol. of the Commentaries of Blackstone, with- have sufficient reason and legal capacity to out the notes of recent alterations, and you commit crimes; and they are strictly held In such cases, will obtain a pretty just idea of the state of the responsible for their actions. however, they are not tried by the usual tribunals of the country; but a court, composed of five slaveholders of the County are assembled to try and pass sentence upon the offender.

criminal law of South Carolina.

The law, on other subjects, or, as it is sometimes called, the civil law, in contradistinction to the criminal, approaches more nearly to our own. Such alterations, however, have been made as was necessary for the proper working! and enforcement of the institution of Slavery.

I have often been asked since my return to Canada what I now think of the system of slavery. And after having seen it in all its phases in the cities, on the plantations and in the auction rooms-I must confess that the prejudices which I always entertained against it, have not been much strengthened by my

It is a common expression and familiar to all Canadian readers, that the slave is considered and treated as a mere chattel. This is shewn in a variety of ways. But, I think, it will be experience. We hear but of the evils and brought home with more force to the mind, at abuses of the system here: and, before passing least of legal readers, when I say that Trover sentence upon it, justice demands that both and Replerin are the proper forms of action, sides should, at least, be heard. It is true, by which the title to slaves or the legality of that the master has an almost uncontrolled their seizure are universally tried-in the same legal power over the liberty and even the life way as a disputed question of property in a of his slave; that he can, at will, sever the ties horse would be decided in Canada. I was which bind the slave to all that he has hitherto much amused by noticing, in one of their books held dear-from his children and his partnerof Reports, an account of a case of Replevin I can hardly, in strictness, call her wife, as I brought by the owner of a negro boy which had believe that the marriage ceremony is seldom been bound as apprentice to a hair dresser, if ever performed among them. It is also true and, while in the establishment of the latter, that the principles of learning are carefully and had been distrained by the landlord for rent. strictly denied to the coloured race. Still, It was argued, by the counsel for the plaintiff, although there are so many things in the social that the law which allows a landlord to distrain condition of the slave and in the uncertain whatever and whosesover property is found on tenure with which he holds his liberty and all the premises, should not be held to extend to family ties, and are abhorrent to our British slaves, because they (although doubtless but ideas of right, it is but justice to the Slavegoods) are still reasonable chattels : and he holders to say, that the evils of the system illustrated the injustice that might ensue by alone, are held up to view, and these generally supposing a case in which a number of slaves much exaggerated. The slaves are with little having a dislike to their owner and plotting his exception, well treated, well fed and comfortruin, might wilfully go upon the premises of ably clothed; and seldom, if ever, are any of another for the express purpose of being taken those scenes of cruelty, so forcibly portrayed for rent. This reasoning, however, was not in "Uncle Tom's Cabin", perpetrated in real considered of sufficient weight to control the life. Neither are they by any means, overgeneral law upon the subject. And the counsel worked. A good farm servant in Canada would then resorted to another and a more successful be required and expected to do twice the line of argument, namely, that the boy must, in amount of labor that is exacted from a slave. this case, be considered as goods bailed for the I am also bound to say, that in the many sales purposes of trade, and consequently exempt from and auctions of slaves that I witnessed, (which distress. To so great an extent is this "chattel" perhaps present one of the most abhorrent doctrine carried, and so completely does it de- features of the system), I observed every prive the negroes of all civil rights, that, to call anxiety displayed to effect the sale in such a

way as to prevent, if possible, the separation of and little better than promoters and abettors husband and wife, and mothers from their of plunder and robbery. I have heard the young children. Again the slaves themselves gifted authoress of Uncle Tom's Cabin, called, appear universally happy and contented with par excellence, "that wicked woman". their lot, and generally attached to their mas- While it is with such feelings that they regard ters. I have myself conversed with some of the discussion of this question even at a disthem, and particularly I remember, with one tance, it may easily be imagined that anything -almost completely white, and with little of like interference with the slaves, or attempts to the appearance of the negro about him-who seduce them from their bondage, is not only possessed a greater degree of intelligence than reprobated as an act of the most uncalled for the majority. He told me he was well treated officiousness, but is even punished as a crime. and happy, and in answer to some observation of Such conduct would be looked upon in a light mine, said that as long as he remained in his similar to that in which we would regard a band present position he would prefer slavery to of conspirators, plotting to carry off our houses or other property.

freedom.

ture.

Although while the slave continues faithful Notwithstanding, however, the difficulties in to his master and attends to what is there con- the way of a calm discussion of this question sidered his duty, he is thus, generally, treated with a Southerner, I have had conversations on with leniency, no sooner however does he-the subject, with many slaveholders. As arguactuated by what we would consider natural ments in favour of the system they have pointed impulse-attempt to escape or obtain his liberty, to the well-fed, comfortable, and contented conthan all feelings of compassion and pity are dition of their slaves, and contrasted it with the, scattered to the winds, and every engine of the often, miserable and destitute lot of many of law is put in requisition to ensure his recap the free Blacks, of whom there are a considerHe is looked upon as an ungrateful and able number in South Carolina. They have abandoned outcast, capable, and indeed natur- even attempted to justify the institution upon ally inclined to every villany. I remember grounds of Christian morality as well as expecutting out of a North Carolina newspaper, a diency. They consider that the poor negro has notice about a runaway slave, purporting to be a claim upon them, for the protection which an official warrant signed by two Justices of the system affords-and that if the institution the Peace, of the State; and which I regarded were swept away and the Blacks exposed to as rather a curiosity in its way. I have unfor- free competition with the white man they would tunately mislaid it or would have given it here be completely crushed under the superior intelverbatim. However, in substance, after reciting ligence and physical organization of the latter. that a slave called Sambo (giving his descripAgain while they admit that there is no legal tion) belonging to a certain planter of the State obligation upon the master to grant any rights had run away from his master, and was or indulgence to the slave they contend that a s supposed (as a matter of course) to be committing soon as the relation of master and slave is depredations and felonies, it called upon the said assumed, a moral duty arises-binding upon the Sambo to return forthwith to his owner; or in Slaveholders, and the fulfillment of which is default thereof, all persons were thereby war- well calculated to call forth, and necessarily ranted and required to hunt down, shoot and requires the exercise of many Christian virtues. kill the said slave without mercy and without impeachment for any crime or offence.

Whether the bloodhounds thus let loose upon poor Sambo were successful, or whether he voluntarily returned in pursuance of the notice, I never learned. But I think the latter rather doubtful seeing that in all probability he could not read a word of it.

Upon this subject, I may be allowed to quote a passage from a well-written little work, entitled

"We are reluctant to seem to admit the possibility that the relation of slavery should The Southerners are very sensitive on the necessarily exclude the attainment of Chrissubject of slavery, especially if anything is tianity by master or slave. For on the consaid to its disadvantage. They look upon the trary we think there is much in slavery, if abolitionists of the Northern States as fanatics rightly appreciated, that is eminently calcu

lated to give rise to the Christian virtues. For to itself and different from anything that I had it is the only system of labor in which a hitherto been accustomed to. Although generecognized moral obligation enters into the con- rally situated at some little distance from any tract. In slavery, if its whole scope be town or village, plantations have not the pproperly appreciated, society is held together pearance of loneliness or isolation. The dwellby ties of moral duties clearly defined, instead ing of the planter is in itself a kind of palace, of depending upon that cold irresponsibility that on a small scale-the residence of the superior, presides over the traffic for labor in the great and over which he holds a species of patriarlabor-markets. They taunt us with the traffic chal sway; while, at a short distance may be in flesh and blood; but how is the reality? seen the cabins of the slaves ranged in rows, The Southerner who buys his slaves at the sometimes in numbers sufficient to form a small auction-table is buying with the conviction village of themselves. pressing upon him that his property comes to I frequently paid a visit to the plantation of him with weighty claims of humanity, and of Mr. L-, on James' Island, immediately on the Christian duty, that must not be denied. The opposite side of the Cooper River from Charcapitalist who bids for labor abroad buys the leston. This is one of the Sea Islands that I sinews and muscles of the man, and there the have already mentioned and which produce contract ends. If the pittance per week be such a superior quality of cotton. Mr. L insufficient for wife and children, it is nothing had over a hundred working slaves on his planto the capitalist, for there is no obligation on tation; and when I was there in April-the him beyond the payment of wages. They middle of the planting season-I saw them all taunt us with owning the slave body and soul. pursuing their labours in the field. The sil Yes! We would have the whole South feel that requires a great deal of digging and hoeing the soul of the slave is in some sense in the before it is fit to receive the cotton seed. I masters keeping, to be charged against him believe it is generally calculated that five acres hereafter. The great marts of labor abroad are of cotton on an average for each working slave, not so encumbered; flesh and blood are barter- is as much as a planter can properly cultivate. ed away, but no man who buys is oppressed The cotton comes to maturity about the month with any thing beyond. They taunt us with of August, when the "picking" begins and denying all legal rights to the slave. Theirs is continues up till about December. the hard letter of the law-nothing that is not shown the various processes of "ginning" and "in the bond"! With us the moral code other preliminaries through which the cotton becomes positive law where legal rights end. has to go before being fit for the market, but Society ceases to be a state of war; because a this would neither be very interesting to readnew element is introduced, an element which ers, nor do I feel myself capable, at this intersecures protection for the poor and demands val of time, to recall the particulars. On forbearance from the rich, its principle of James' Island I met many of the planters, and authority being an ever-present and well defined found them all extremely social and hospitable. moral obligation, which, as a security for Chris-In many respects they are not unlike the supetian action, is in strong contrast with the rior classes of our Canadian farmers. stern demand-and-supply principle."

As to the sophistry, and even, shallowness of any such arguments, however, as a justification of slavery, as it now exists in the South, I never entertained a moment's doubt; and, I think, they must be apparent to all; but it is both interesting and instructive to notice what positions the slaveholder assumes as a defence for the system.

I had opportunities, while in the South, of seeing and learning a little on the subject of life on the plantations, although the season of the year was not very favourable for sightseeing. Plantation life is altogether peculiar VOL. V.-K

I was

The

The

planters there, and indeed in almost all parts of
the State, are obliged, I was informed, to
months of July, August, and September. A
remove from their plantations during the
pestilential malaria, producing fevers of the
such an extent that no constitution but that of
worst type, prevails during these months to
whites have accordingly to migrate to their
the negro can withstand its ravages.
several town or village residences, from which
they or their overseers pay occasional visits to
the plantations to see that the work is being
properly conducted. Many of the planters and
their families also make tours to the North
during these months, where, in some of the

133

POETRY.-I LEAVE THEE FOR AWHILE, MY LOVE.

natural advantages and facilities for improvement which our noble Province possesses; and look upon it, if not superior, as, at least, second to none in America in fertility of soil, freedom of institutions, and all the genius from which may reasonably be expected to expand a flourishing and prosperous country.

watering places of New England they generally while in the States, when making comparisons spend the hottest part of the summer. between that country and our own. I now see This inability of the whites to live-much in a stronger light than ever, the many splendid less to work-during three important months of the year, on some of the principal cotton and rice plantations of the South, should form a matter of grave deliberation to those who, without reflection, clamor for the immediate and total abolition of slavery; especially when it is remembered that the Southern States are entirely and essentially an agricultural country, and that without the proper cultivation of the soil they would present a mere barren waste, and might for all practical purposes be blotted

out of the map. Nor would the evil stop here. I LEAVE THEE FOR AWHILE, MY LOVE. Millions of bales of cotton are yearly exported

with a sigh,

out of these States, and the interruption of I LEAVE thee for awhile, my love, I leave thee this trade alone would exercise a most important and destructive influence not only on the prosperity of European commerce, but upon the employment and even subsistence of thou- I do no: blush to own the tear, but let it touchs sands of British and European operatives. It

The fountain spring within my soul is playing in my eye;

my cheek,

perchance may speak.

would be no answer to say that the free blacks And what my lip has failed to tell, that drop could and would work as well as when in a state of slavery. The history of emancipation hitherto has taught us the contrary.

Mavourneen! when again I seek my green isle in the west,

If the violently philanthropic spirit, which Oh, is rampant throughout all classes of Northerners in these days of abolition agitation, would

promise thou wilt share my lot, and set this heart at rest.

I leave thee for awhile, my love; but every hour

will be

Uncheer'd and lonely till the one that brings

permit such considerations as these having their due weight, it might be a subject at least of much just speculation whether the continuance for a time of a system of slavery in a modified form and stript of many of its present I go to make my riches more; but where is horrible abuses, might not operate for the good of both the white and the negro.

But I feel that I have already been far more lengthy in my observations than I originally intended, and must, with all possible despatch, draw my remarks on the South to a close, and bring myself back to Canada, where, happily, there is neither inclination nor necessity for the existence of any such institution as that which is peculiar to the South.

It is not till we have actually left behind us a country, to which a long residence has habituated us, that one can justly appreciate all its natural beauties and advantages. I felt this,

Better, far, that such should be the case. than that the curse of slavery should be perpetuated.-Ed. 4. A. Mag.

This we deny flatly, and if necessary, it could be easily proved, that the decline of the West India Islands is not to be attributed to emancipation, but to causes which originated in the damning effects of slavery.-ED.

me back to thee.

man to find

A vein of gold so rich and pure as that I leave behind?

Mavourneen, though a fairy's hand should build a diamond nest,

Till thou wouldst share and make it warm, this heart would know no rest.

I leave thee for awhile, my love; my cheek is cold and white,

But ah, I see a promise stand within thy glance of light;

When next I seek old Erin's shore, thy step will

bless it too,

And then the grass will seem more green, the
sky will have more blue.
Mavourneen, first and dearest loved, there's
sunshine in my breast,

For thou wilt share my future lot, and set this
heart at rest.

The opening of the second chapter of this book safely landed at Melbourne, where among the