Page:The Collected Works of Theodore Parker Slavery volume 5 .djvu/80

68 the humanity of the Mussulman, and legally favour the weaker part—correcting slaves as the children of the State.

Many offences for which a slave is severely punished are not wrongs by nature, sins against the universal and divine law, but only crimes by statute. Thus in Mississippi, if a slave be found "fire-hunting" he is punishable "with thirty-nine lashes, well laid on his bare back." In the same State, if a slave be found out of the limits of the town, or off the plantation where he usually works, "any one may apprehend and punish him with whipping on the bare back, not exceeding twenty lashes." If he refuses to submit to the examination of any white person, "such white person may apprehend and moderately correct him, and if he shall assault and strike such white person, he may be lawfully killed." Louisiana has a similar law, and also punishes any slave or free coloured person exercising the functions of a minister of the Gospel, with thirty-nine lashes. In Virginia a slave or free coloured person may be beaten with twenty lashes for being found at any school for teaching reading and writing. In South Carolina he is forbidden to wear any but the coarsest garments.

The Roman code allowed emancipation; the customs of England and Germany favoured it. The Christian Church often favoured and recommended it. In the Roman Empire, the advance of humanity continually rendered it easy and common. A slave sick, and derelict of his master, recovering, claimed legally his freedom for salvage of himself. But in America the laws constantly throw obstacles in its way. In South Carolina, Georgia, Alabama, and Mississippi no man can emancipate any slave, except by authority of the legislature, granted by a special enactment conveying the power. In Georgia, a will, setting free a slave, is so far null and void, and any person attempting to execute it shall be fined $ 1000. In Kentucky, Missouri, Virginia, Maryland, it is less difficult; but even there no man is allowed to emancipate a slave to the prejudice of his creditors;—or in Virginia, Mississippi, and Kentucky, to the lessening of his widow^s dower, the common law favours three things—life, liberty, and dower;—the law of these three States sacrifices the liberty of slaves to the dower of a widow. Emancipation must be made with