APPENDIX I.
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NAT TURNER'S CONFESSIONS.
As an illustration of the character and views ascribed to Dred, we make
a few extracts from the Confessions of Nat Turner, as published by T. R.
Gray, Esq., of Southampton, Virginia, in November, 1831. One of the
principal conspirators in this affair was named Dred.
We will first give the certificate of the court, and a few sentences from
Mr. Gray's introductory remarks, and then proceed with Turner's own
narrative.
“We, the undersigned, members of the court convened at Jerusalem, on
Saturday, the fifth day of November, 1831, for the trial of Nat, alias Nat
Turner, a negro slave, late the property of Putnam Moore, deceased, do
hereby certify, that the confession of Nat, to Thomas R. Gray, was read to
him in our presence, and that Nat acknowledged the same to be full, free,
and voluntary; and that furthermore, when called upon by the presiding
magistrate of the court to state if he had anything to say why sentence of
death should not be passed upon him, replied he had nothing further than
he had communicated to Mr. Gray. Given under our hands and seals at
Jerusalem, this fifth day of November, 1831.
Jeremiah Cobb, (Seal.)
James W. Parker, (Seal.)
Samuel B. Hines, (Seal.)
Thomas Pretlow, (Seal.)
Carr Bowers, (Seal.)
Orris A. Browne, (Seal.)”
“State of Virginia, Southampton County, to wit:
“I, James Rochelle, Clerk of the County Court of Southampton, in the
State of Virginia, do hereby certify, that Jeremiah Cobb, Thomas Pretlow,
James W. Parker, Carr Bowers, Samuel B. Hines, and Orris A. Browne,
Esqrs., are acting justices of the peace in and for the county aforesaid;
and were members of the court which convened at Jerusalem, on Saturday,
the fifth day of November, 1831, for the trial of Nat, alias Nat Turner, a
negro slave, late the property of Putnam Moore, deceased, who was tried
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and convicted, as an insurgent in the late insurrection in the County of
Southampton aforesaid, and that full faith and credit are due and ought
to be given to their acts as justices of the peace aforesaid.
(Seal.) In testimony whereof, I have hereunto set
my hand, and caused the seal of the court
aforesaid to be affixed, this fifth day of
November, 1831.
James Rochelle, C. S. C. C.”
“Everything connected with this sad affair was wrapt in mystery, until
Nat Turner, the leader of this ferocious band, whose name has resounded
throughout our widely-extended empire, was captured.
“Since his confinement, by permission of the jailer, I have had ready
access to him; and, finding that he was willing to make a full and free confession
of the origin, progress, and consummation, of the insurrectory movements
of the slaves, of which he was the contriver and head, I determined,
for the gratification of public curiosity, to commit his statements to writing,
and publish them, with little or no variation, from his own words.
“He was not only the contriver of the conspiracy, but gave the first blow
towards its execution.
“It will thus appear, that whilst everything upon the surface of society
wore a calm and peaceful aspect, whilst not one note of preparation was
heard to warn the devoted inhabitants of woe and death, a gloomy fanatic
was revolving in the recesses of his own dark, bewildered, and overwrought
mind, schemes of indiscriminate massacre to the whites. Schemes too fearfully
executed, as far as his fiendish band proceeded in their desolating
march. No cry for mercy penetrated their flinty bosoms. No acts of remembered
kindness made the least impression upon these remorseless murderers.
Men, women, and children, from hoary age to helpless infancy,
were involved in the same cruel fate. Never did a band of savages do their
work of death more unsparingly.
“Nat has survived all his followers, and the gallows will speedily close
his career. His own account of the conspiracy is submitted to the public,
without comment. It reads an awful, and, it is hoped, a useful lesson, as
to the operations of a mind like his, endeavoring to grapple with things
beyond its reach. How it first became bewildered and confounded, and
finally corrupted and led to the conception and perpetration of the most
atrocious and heartrending deeds.
“If Nat's statements can be relied on, the insurrection in this county
was entirely local, and his designs confided but to a few, and these in his immediate
vicinity. It was not instigated by motives of revenge or sudden
anger; but the result of long deliberation, and a settled purpose of mind —
the offspring of gloomy fanaticism acting upon materials but too well prepared
for such impressions.”
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“I was thirty-one years of age the second of October last, and born the
property of Benjamin Turner, of this county. In my childhood a circumstance
occurred which made an indelible impression on my mind, and laid
the groundwork of that enthusiasm which has terminated so fatally to
many, both white and black, and for which I am about to atone at the
gallows. It is here necessary to relate this circumstance. Trifling as it
may seem, it was the commencement of that belief which has grown with
time; and even now, sir, in this dungeon, helpless and forsaken as I am,
I cannot divest myself of. Being at play with other children, when three
or four years old, I was telling them something, which my mother, overhearing,
said it had happened before I was born. I stuck to my story,
however, and related some things which went, in her opinion, to confirm it.
Others being called on, were greatly astonished, knowing that these things
had happened, and caused them to say, in my hearing, I surely would be a
prophet, as the Lord had shown me things that had happened before my
birth. And my father and mother strengthened me in this my first impression,
saying, in my presence, I was intended for some great purpose,
which they had always thought from certain marks on my head and breast.
(A parcel of excrescences, which, I believe, are not at all uncommon,
particularly among negroes, as I have seen several with the same. In this
case he has either cut them off, or they have nearly disappeared.)
“My grandmother, who was very religious, and to whom I was much
attached — my master, who belonged to the church, and other religious
persons who visited the house, and whom I often saw at prayers, noticing
the singularity of my manners, I suppose, and my uncommon intelligence
for a child, remarked I had too much sense to be raised, and, if I was, I
would never be of any service to any one as a slave. To a mind like mine,
restless, inquisitive, and observant of everything that was passing, it is
easy to suppose that religion was the subject to which it would be directed;
and, although this subject principally occupied my thoughts, there was
nothing that I saw or heard of to which my attention was not directed.
The manner in which I learned to read and write, not only had great influence
on my own mind, as I acquired it with the most perfect ease, — so much
so, that I have no recollection whatever of learning the alphabet; but, to
the astonishment of the family, one day, when a book was shown me, to
keep me from crying, I began spelling the names of different objects. This
was a source of wonder to all in the neighborhood, particularly the blacks—
and this learning was constantly improved at all opportunities. When I
got large enough to go to work, while employed I was reflecting on many
things that would present themselves to my imagination; and whenever
an opportunity occurred of looking at a book, when the school-children
were getting their lessons, I would find many things that the fertility of my
own imagination had depicted to me before. All my time, not devoted to
my master's service, was spent either in prayer, or in making experiments
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in casting different things in moulds made of earth, in attempting to make
paper, gunpowder, and many other experiments, that, although I could not
perfect, yet convinced me of its practicability if I had the means.*
“I was not addicted to stealing in my youth, nor have ever been; yet
such was the confidence of the negroes in the neighborhood, even at this
early period of my life, in my superior judgment, that they would often
carry me with them when they were going on any roguery, to plan for
them. Growing up among them with this confidence in my superior judgment,
and when this, in their opinions, was perfected by Divine inspiration,
from the circumstances already alluded to in my infancy, and which belief
was ever afterwards zealously inculcated by the austerity of my life and
manners, which became the subject of remark by white and black; having
soon discovered to be great, I must appear so, and therefore studiously
avoided mixing in society, and wrapped myself in mystery, devoting my
time to fasting and prayer.
“By this time, having arrived to man's estate, and hearing the Scriptures
commented on at meetings, I was struck with that particular passage
which says, `Seek ye the kingdom of heaven, and all things shall be
added unto you.' I reflected much on this passage, and prayed daily for
light on this subject. As I was praying one day at my plough, the Spirit
spoke to me, saying, `Seek ye the kingdom of heaven, and all things shall
be added unto you.' Question. `What do you mean by the Spirit?'
Answer. `The Spirit that spoke to the prophets in former days,' — and I
was greatly astonished, and for two years prayed continually, whenever my
duty would permit; and then again I had the same revelation, which
fully confirmed me in the impression that I was ordained for some great
purpose in the hands of the Almighty. Several years rolled round, in
which many events occurred to strengthen me in this my belief. At this
time I reverted in my mind to the remarks made of me in my childhood,
and the things that had been shown me; and as it had been said of me in
my childhood, by those by whom I had been taught to pray, both white and
black, and in whom I had the greatest confidence, that I had too much
sense to be raised, and if I was I would never be of any use to any one as a
slave; now, finding I had arrived to man's estate, and was a slave, and
these revelations being made known to me, I began to direct my attention
to this great object, to fulfil the purpose for which, by this time, I felt
assured I was intended. Knowing the influence I had obtained over the
minds of my fellow-servants — (not by the means of conjuring and such-like
tricks — for to them I always spoke of such things with contempt), but by
the communion of the Spirit, whose revelations I often communicated to
them, and they believed and said my wisdom came from God, — I now began to
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prepare them for my purpose, by telling them something was about to happen
that would terminate in fulfilling the great promise that had been
made to me.
“About this time I was placed under an overseer, from whom I ran away,
and, after remaining in the woods thirty days, I returned, to the astonishment
of the negroes on the plantation, who thought I had made my escape
to some other part of the country, as my father had done before. But the
reason of my return was, that the Spirit appeared to me and said I had my
wishes directed to the things of this world, and not to the kingdom of
heaven, and that I should return to the service of my earthly master —
`For he who knoweth his Master's will, and doeth it not, shall be beaten
with many stripes, and thus have I chastened you.' And the negroes
found fault, and murmured against me, saying that if they had my sense
they would not serve any master in the world. And about this time I had
a vision — and I saw white spirits and black spirits engaged in battle, and
the sun was darkened — the thunder rolled in the heavens, and blood
flowed in streams — and I heard a voice saying, `Such is your luck, such
you are called to see; and let it come rough or smooth, you must surely
bear it.'
“I now withdrew myself as much as my situation would permit from
the intercourse of my fellow-servants, for the avowed purpose of serving
the Spirit more fully; and it appeared to me, and reminded me of the
things it had already shown me, and that it would then reveal to me the
knowledge of the elements, the revolution of the planets, the operation of
tides, and changes of the seasons. After this revelation in the year 1825,
and the knowledge of the elements being made known to me, I sought more
than ever to obtain true holiness before the great day of judgment should
appear, and then I began to receive the true knowledge of faith. And from
the first steps of righteousness until the last, was I made perfect; and the
Holy Ghost was with me, and said, `Behold me as I stand in the heavens.'
And I looked and saw the forms of men in different attitudes; and there
were lights in the sky, to which the children of darkness gave other names
than what they really were; for they were the lights of the Saviour's hands,
stretched forth from east to west, even as they were extended on the cross
on Calvary for the redemption of sinners. And I wondered greatly at these
miracles, and prayed to be informed of a certainty of the meaning thereof;
and shortly afterwards, while laboring in the field, I discovered drops of
blood on the corn, as though it were dew from heaven; and I communicated
it to many, both white and black, in the neighborhood — and I then
found on the leaves in the woods hieroglyphic characters and numbers,
with the forms of men in different attitudes, portrayed in blood, and representing
the figures I had seen before in the heavens. And now the Holy
Ghost had revealed itself to me, and made plain the miracles it had shown
me; for as the blood of Christ had been shed on this earth, and had
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ascended to heaven for the salvation of sinners, and was now returning to
earth again in the form of dew, — and as the leaves on the trees bore the
impression of the figures I had seen in the heavens, — it was plain to me
that the Saviour was about to lay down the yoke he had borne for the sins
of men, and the great day of judgment was at hand.
“About this time I told these things to a white man (Etheldred T. Brantley),
on whom it had a wonderful effect; and he ceased from his wickedness,
and was attacked immediately with a cutaneous eruption, and blood
oozed from the pores of his skin, and after praying and fasting nine days
he was healed. And the Spirit appeared to me again, and said, as the
Saviour had been baptized, so should we be also; and when the white people
would not let us be baptized by the church, we went down into the water
together, in the sight of many who reviled us, and were baptized by the
Spirit. After this I rejoiced greatly, and gave thanks to God. And on the
12th of May, 1828, I heard a loud noise in the heavens, and the Spirit
instantly appeared to me and said the Serpent was loosened, and Christ
had laid down the yoke he had borne for the sins of men, and that I should
take it on and fight against the Serpent, for the time was fast approaching
when the first should be last and the last should be first. Ques. `Do you
not find yourself mistaken now?' — Ans. `Was not Christ crucified?' And
by signs in the heavens that it would make known to me when I should
commence the great work, and until the first sign appeared I should conceal
it from the knowledge of men; and on the appearance of the sign
(the eclipse of the sun, last February), I should arise and prepare myself,
and slay my enemies with their own weapons. And immediately on the
sign appearing in the heavens, the seal was removed from my lips, and I
communicated the great work laid out for me to do, to four in whom I had
the greatest confidence (Henry, Hark, Nelson, and Sam). It was intended
by us to have begun the work of death on the 4th of July last. Many
were the plans formed and rejected by us, and it affected my mind to such
a degree that I fell sick, and the time passed without our coming to any
determination how to commence — still forming new schemes and rejecting
them, when the sign appeared again, which determined me not to wait
longer.
“Since the commencement of 1830 I had been living with Mr. Joseph
Travis, who was to me a kind master, and placed the greatest confidence
in me; in fact, I had no cause to complain of his treatment to me. On
Saturday evening, the 20th of August, it was agreed between Henry,
Hark, and myself, to prepare a dinner the next day for the men we expected,
and then to concert a plan, as we had not yet determined on any.
Hark, on the following morning, brought a pig, and Henry brandy; and
being joined by Sam, Nelson, Will, and Jack, they prepared in the woods a
dinner, where, about three o'clock, I joined them.”
“Q. Why were you so backward in joining them?”
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“A. The same reason that had caused me not to mix with them for
years before.
“I saluted them on coming up, and asked Will how came he there.
He answered, his life was worth no more than others, and his liberty as
dear to him. I asked him if he thought to obtain it. He said he would,
or lose his life. This was enough to put him in full confidence. Jack, I
knew, was only a tool in the hands of Hark. It was quickly agreed we
should commence a home (Mr. J. Travis') on that night; and until we had
armed and equipped ourselves, and gathered sufficient force, neither age
nor sex was to be spared — which was invariably adhered to. We remained
at the feast until about two hours in the night, when we went to the house
and found Austin.”
We will not go into the horrible details of the various massacres,
but only make one or two extracts, to show the spirit and feelings of
Turner:
“I then went to Mr. John T. Harrow's; they had been here and murdered
him. I pursued on their track to Capt. Newit Harris', where I found
the greater part mounted and ready to start. The men, now amounting to
about forty, shouted and hurraed as I rode up. Some were in the yard, loading
their guns; others drinking. They said Captain Harris and his family
had escaped; the property in the house they destroyed, robbing him of
money and other valuables. I ordered them to mount and march
instantly; this was about nine or ten o'clock, Monday morning. I proceeded
to Mr. Levi Waller's, two or three miles distant. I took my station
in the rear, and, as it was my object to carry terror and devastation whereever
we went, I placed fifteen or twenty of the best armed and most to be
relied on in front, who generally approached the houses as fast as their
horses could run. This was for two purposes — to prevent their escape, and
strike terror to the inhabitants; on this account I never got to the houses,
after leaving Mrs. Whitehead's, until the murders were committed, except
in one case. I sometimes got in sight in time to see the work of death
completed; viewed the mangled bodies as they lay, in silent satisfaction, and
immediately started in quest of other victims. Having murdered Mrs.
Waller and ten children, we started for Mr. Wm. Williams', — having killed
him and two little boys that were there; while engaged in this, Mrs. Williams
fled and got some distance from the house, but she was pursued,
overtaken, and compelled to get up behind one of the company, who
brought her back, and, after showing her the mangled body of her lifeless
husband, she was told to get down and lay by his side, where she was
shot dead.
“The white men pursued and fired on us several times. Hark had his
horse shot under him, and I caught another for him as it was running by
me; five or six of my men were wounded, but none left on the field. Finding
myself defeated here, I instantly determined to go through a private
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way, and cross the Nottoway River at the Cypress Bridge, three miles
below Jerusalem, and attack that place in the rear, as I expected they
would look for me on the other road, and I had a great desire to get there
to procure arms and ammunition. After going a short distance in this
private way, accompanied by about twenty men, I overtook two or three,
who told me the others were dispersed in every direction.
“On this, I gave up all hope for the present; and on Thursday night,
after having supplied myself with provisions from Mr. Travis', I
scratched a hole under a pile of fence-rails in a field, where I concealed
myself for six weeks, never leaving my hiding-place but for a few minutes
in the dead of the night to get water, which was very near. Thinking by
this time I could venture out, I began to go about in the night, and cavesdrop
the houses in the neighborhood; pursuing this course for about a
fortnight, and gathering little or no intelligence, afraid of speaking to any
human being, and returning every morning to my cave before the dawn of
day. I know not how long I might have led this life, if accident had not
betrayed me. A dog in the neighborhood passing by my hiding-place one
night while I was out, was attracted by some meat I had in my cave, and
crawled in and stole it, and was coming out just as I returned. A few nights
after, two negroes having started to go hunting with the same dog, and
passed that way, the dog came again to the place, and having just gone
out to walk about, discovered me and barked; on which, thinking myself
discovered, I spoke to them to beg concealment. On making myself known,
they fled from me. Knowing then they would betray me, I immediately
left my hiding-place, and was pursued almost incessantly, until I was taken,
a fortnight afterwards, by Mr. Benjamin Phipps, in a little hole I had dug
out with my sword, for the purpose of concealment, under the top of a fallen
tree.
“During the time I was pursued, I had many hair-breadth escapes, which
your time will not permit you to relate. I am here loaded with chains, and
willing to suffer the fate that awaits me.”
Mr. Gray asked him if he knew of any extensive or concerted plan. His
answer was, I do not. When I questioned him as to the insurrection in
North Carolina happening about the same time, he denied any knowledge
of it; and when I looked him in the face, as though I would search his inmost
thoughts, he replied, “I see, sir, you doubt my word; but can you
not think the same ideas, and strange appearances about this time in the
heavens, might prompt others, as well as myself, to this undertaking?” I
now had much conversation with and asked him many questions, having
forborne to do so previously, except in the cases noted in parenthesis; but
during his statement, I had, unnoticed by him, taken notes as to some particular
circumstances, and, having the advantage of his statement before me
in writing, on the evening of the third day that I had been with him, I
began a cross-examination, and found his statement corroborated by every
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circumstance coming within my own knowledge, or the confessions of others
who had been either killed or executed, and whom he had not seen or had
any knowledge of since the 22d of August last. He expressed himself fully
satisfied as to the impracticability of his attempt. It has been said he was
ignorant and cowardly, and that his object was to murder and rob for the
purpose of obtaining money to make his escape. It is notorious that he
was never known to have a dollar in his life, to swear an oath, or drink a
drop of spirits. As to his ignorance, he certainly never had the advantages
of education, but he can read and write (it was taught him by his parents),
and for natural intelligence and quickness of apprehension is surpassed by
few men I have ever seen. As to his being a coward, his reason as given
for not resisting Mr. Phipps shows the decision of his character. When he
saw Mr. Phipps present his gun, he said he knew it was impossible for him
to escape, as the woods were full of men; he therefore thought it was better
to surrender, and trust to fortune for his escape. He is a complete fanatic,
or plays his part most admirably. On other subjects he possesses an uncommon
share of intelligence, with a mind capable of attaining anything,
but warped and perverted by the influence of early impressions. He is
below the ordinary stature, though strong and active, having the true negro
face, every feature of which is strongly marked. I shall not attempt to describe
the effect of his narrative, as told and commented on by himself, in
the condemned hole of the prison. The calm, deliberate composure with
which he spoke of his late deeds and intentions; the expression of his fiend-like
face when excited by enthusiasm, still bearing the stains of the blood
of helpless innocence about him; clothed with rags and covered with chains,
yet daring to raise his manacled hands to heaven, with a spirit soaring
above the attributes of man. I looked on him, and my blood curdled in
my veins.
eaf700n5* When questioned as to the manner of manufacturing those different articles, he was
found well informed.
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APPENDIX II.
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The chapter headed Jegar Sahadutha contains some terrible stories. It
is to be said, they are all facts on judicial record, of the most fiend-like cruelty,
terminating in the death of the victim, where the affair has been judicially
examined, and the perpetrator escaped death, and in most cases any
punishment for his crime.
1. Case of Souther.
“Souther v. The Commonwealth. 7 Grattan, 673, 1851.
“The killing of a slave by his master and owner, by wilful and excessive whipping, is murder
in the first degree: though it may not have been the purpose and intention of the
master and owner to kill the slave.
“Simon Souther was indicted at the October term, 1850, of the Circuit
Court for the County of Hanover, for the murder of his own slave. The
indictment contained fifteen counts, in which the various modes of punishment
and torture by which the homicide was charged to have been committed
were stated singly, and in various combinations. The fifteenth
count unites them all: and, as the court certifies that the indictment was
sustained by the evidence, the giving the facts stated in that count will
show what was the charge against the prisoner, and what was the proof to
sustain it.
“The count charged that on the 1st day of September, 1849, the prisoner
tied his negro slave, Sam, with ropes about his wrists, neck, body, legs, and
ankles, to a tree. That whilst so tied, the prisoner first whipped the slave
with switches. That he next beat and cobbed the slave with a shingle, and
compelled two of his slaves, a man and a woman, also to cob the deceased
with the shingle. That whilst the deceased was so tied to the tree, the
prisoner did strike, knock, kick, stamp, and beat him upon various parts
of his head, face, and body; that he applied fire to his body; * * * * that
he then washed his body with warm water, in which pods of red pepper had
been put and steeped; and he compelled his two slaves aforesaid also to
wash him with this same preparation of warm water and red pepper. That
after the tying, whipping, cobbing, striking, beating, knocking, kicking,
stamping, wounding, bruising, lacerating, burning, washing, and torturing,
as aforesaid, the prisoner untied the deceased from the tree in such a
way as to throw him with violence to the ground; and he then and there
did knock, kick, stamp, and beat the deceased upon his head, temples, and
various parts of his body. That the prisoner then had the deceased carried
into a shed-room of his house, and there he compelled one of his slaves, in
his presence, to confine the deceased's feet in stocks, by making his legs fast
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to a piece of timber, and to tie a rope about the neck of the deceased, and
fasten it to a bed-post in the room, thereby strangling, choking, and suffocating,
the deceased. And that whilst the deceased was thus made fast in
stocks, as aforesaid, the prisoner did kick, knock, stamp, and beat him upon
his head, face, breast, belly, sides, back, and body; and he again compelled
his two slaves to apply fire to the body of the deceased, whilst he was so made
fast as aforesaid. And the count charged that from these various modes of
punishment and torture, the slave Sam then and there died. It appeared that
the prisoner commenced the punishment of the deceased in the morning, and
that it was continued throughout the day; and that the deceased died in the
presence of the prisoner, and one of his slaves, and one of the witnesses,
whilst the punishment was still progressing.
“Field J. delivered the opinion of the court.
“The prisoner was indicted and convicted of murder in the second degree,
in the Circuit Court of Hanover, at its April term last past, and was sentenced
to the penitentiary for five years, the period of time ascertained by
the jury. The murder consisted in the killing of a negro man-slave by the
name of Sam, the property of the prisoner, by cruel and excessive whipping
and torture, inflicted by Souther, aided by two of his other slaves, on the
1st day of September, 1849. The prisoner moved for a new trial, upon the
ground that the offence, if any, amounted only to manslaughter. The motion
for a new trial was overruled, and a bill of exceptions taken to the
opinion of the court, setting forth the facts proved, or as many of them as
were deemed material for the consideration of the application for a new
trial. The bill of exception states: That the slave Sam, in the indictment
mentioned, was the slave and property of the prisoner. That for the purpose
of chastising the slave for the offence of getting drunk, and dealing, as
the slave confessed and alleged, with Henry and Stone, two of the witnesses
for the Commonwealth, he caused him to be tied and punished in the presence
of the said witnesses, with the exception of slight whipping with peach
or apple tree switches, before the said witnesses arrived at the scene after
they were sent for by the prisoner (who were present by request from the
defendant), and of several slaves of the prisoner, in the manner and by the
means charged in the indictment; and the said slave died under and from
the infliction of the said punishment, in the presence of the prisoner, one
of his slaves, and of one of the witnesses for the Commonwealth. But it
did not appear that it was the design of the prisoner to kill the said slave,
unless such design be properly inferable from the manner, means, and duration,
of the punishment. And, on the contrary, it did appear that the prisoner
frequently declared, while the said slave was undergoing the punishment,
that he believed the said slave was feigning, and pretending to be suffering
and injured when he was not. The judge certifies that the slave was
punished in the manner and by the means charged in the indictment. The
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indictment contains fifteen counts, and sets forth a case of the most cruel
and excessive whipping and torture. * * * *
“It is believed that the records of criminal jurisprudence do not contain
a case of more atrocious and wicked cruelty than was presented upon
the trial of Souther; and yet it has been gravely and earnestly contended
here by his counsel that his offence amounts to manslaughter only.
“It has been contended by the counsel of the prisoner that a man cannot
be indicted and prosecuted for the cruel and excessive whipping of his
own slave. That it is lawful for the master to chastise his slave, and that
if death ensues from such chastisement, unless it was intended to produce
death, it is like the case of homicide which is committed by a man in the
performance of a lawful act, which is manslaughter only. It has been
decided by this court in Turner's case, 5 Rand, that the owner of a slave,
for the malicious, cruel, and excessive beating of his own slave, cannot be
indicted; yet it by no means follows, when such malicious, cruel, and excessive
beating results in death, though not intended and premeditated,
that the beating is to be regarded as lawful for the purpose of reducing the
crime to manslaughter, when the whipping is inflicted for the sole purpose
of chastisement. It is the policy of the law, in respect to the relation of
master and slave, and for the sake of securing proper subordination and
obedience on the part of the slave, to protect the master from prosecution
in all such cases, even if the whipping and punishment be malicious,
cruel, and excessive. But in so inflicting punishment for the sake of punishment,
the owner of the slave acts at his peril; and if death ensues in
consequence of such punishment, the relation of master and slave affords
no ground of excuse or palliation. The principles of the common law, in
relation to homicide, apply to his case without qualification or exception;
and, according to those principles, the act of the prisoner, in the case
under consideration, amounted to murder. * * * The crime of the
prisoner is not manslaughter, but murder in the first degree.”
2. Death of Hark.
The master is, as we have asserted, protected from prosecution by express
enactment, if the victim dies in the act of resistance to his will, or
under moderate correction.
“Whereas by another Act of the Assembly, passed in 1774, the killing
of a slave, however wanton, cruel, and deliberate, is only punishable in
the first instance by imprisonment and paying the value thereof to the
owner, which distinction of criminality between the murder of a white person
and one who is equally a human creature, but merely of a different
complexion, is disgraceful to humanity, and degrading in the highest
degree to the laws and principles of a free, Christian, and
enlightened country, Be it enacted, &c., That if any person shall
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hereafter be guilty of wilfully and maliciously killing a slave, such offender
shall, upon the first conviction thereof, be adjudged guilty of murder, and
shall suffer the same punishment as if he had killed a free man: Provided
always, this act shall not extend to the person killing a slave outlawed by
virtue of any Act of Assembly of this state, or to any slave in the
act of resistance to his lawful owner or master, or to any slave dying
under moderate correction.”
Instance in point;—
“From the `National Era,' Washington, November 6, 1851.
“HOMICIDE CASE IN CLARKE COUNTY, VIRGINIA.
“Some time since, the newspapers of Virginia contained an account of
a horrible tragedy, enacted in Clarke County, of that state. A slave of
Colonel James Castleman, it was stated, had been chained by the neck, and
whipped to death by his master, on the charge of stealing. The whole
neighborhood in which the transaction occurred was incensed; the Virginia
papers abounded in denunciations of the cruel act; and the people
of the North were called upon to bear witness to the justice which would
surely be meted out in a slave state to the master of a slave. We did not
publish the account. The case was horrible; it was, we were confident,
exceptional. It should not be taken as evidence of the general treatment
of slaves. We chose to delay any notice of it till the courts should pronounce
their judgment, and we could announce at once the crime and its
punishment, so that the state might stand acquitted of the foul deed.
“Those who were so shocked at the transaction will be surprised and
mortified to hear that the actors in it have been tried and acquitted! and
when they read the following account of the trial and verdict, published at
the instance of the friends of the accused, their mortification will deepen
into bitter indignation.
“From the `Spirit of Jefferson.'
“`Colonel James Castleman. — The following statement, understood
to have been drawn up by counsel, since the trial, has been placed by the
friends of this gentleman in our hands for publication:
“`At the Circuit Superior Court of Clarke County, commencing on the
13th of October, Judge Samuels presiding, James Castleman and his son
Stephen D. Castleman were indicted jointly for the murder of negro Lewis,
property of the latter. By advice of their counsel, the parties elected to be
tried separately, and the attorney for the Commonwealth directed that James
Castleman should be tried first.
“`It was proved, on this trial, that for many months previous to the occurrence
the money-drawer of the tavern kept by Stephen D. Castleman,
and the liquors kept in large quantities in his cellar, had been pillaged
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from time to time, until the thefts had attained to a considerable amount.
Suspicion had, from various causes, been directed to Lewis, and another
negro, named Reuben (a blacksmith), the property of James Castleman;
but, by the aid of two of the house-servants, they had eluded the most vigilant
watch.
“`On the 20th of August last, in the afternoon, S. D. Castleman accidentally
discovered a clue, by means of which, and through one of the
house-servants implicated, he was enabled fully to detect the depredators,
and to ascertain the manner in which the theft had been committed. He
immediately sent for his father, living near him, and, after communicating
what he had discovered, it was determined that the offenders should be
punished at once, and before they should know of the discovery that had
been made.
“`Lewis was punished first; and in a manner, as was fully shown, to
preclude all risk of injury to his person, by stripes with a broad leathern
strap. He was punished severely, but to an extent by no means disproportionate
to his offence; nor was it pretended, in any quarter, that this
punishment implicated either his life or health. He confessed the offence,
and admitted that it had been effected by false keys, furnished by the blacksmith,
Reuben.
“`The latter servant was punished immediately afterwards. It was believed
that he was the principal offender, and he was found to be more obdurate
and contumacious than Lewis had been in reference to the offence.
Thus it was proved, both by the prosecution and the defence, that he was
punished with greater severity than his accomplice. It resulted in a like
confession on his part, and he produced the false key, one fashioned by
himself, by which the theft had been effected.
“`It was further shown, on the trial, that Lewis was whipped in the
upper room of a warehouse, connected with Stephen Castleman's store, and
near the public road, where he was at work at the time; that after he had
been flogged, to secure his person, whilst they went after Reuben, he was
confined by a chain around his neck, which was attached to a joist above
his head. The length of this chain, the breadth and thickness of the joist,
its height from the floor, and the circlet of chain on the neck, were accurately
measured; and it was thus shown that the chain unoccupied by the
circlet and the joist was a foot and a half longer than the space between
the shoulders of the man and the joist above, or to that extent the chain
hung loose above him; that the circlet (which was fastened so as to prevent
its contraction) rested on the shoulders and breast, the chain being sufficiently
drawn only to prevent being slipped over his head, and that there
was no other place in the room to which he could be fastened except to one
of the joists above. His hands were tied in front; a white man, who had
been at work with Lewis during the day, was left with him by the Messrs.
Castleman, the better to insure his detention, whilst they were absent after
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Reuben. It was proved by this man (who was a witness for the prosecution)
that Lewis asked for a box to stand on, or for something that he could
jump off from; that after the Castlemans had left him he expressed a fear
that when they came back he would be whipped again; and said, if he had
a knife, and could get one hand loose, he would cut his throat. The witness
stated that the negro “stood firm on his feet,” that he could turn freely
in whatever direction he wished, and that he made no complaint of the mode
of his confinement. This man stated that he remained with Lewis about half
an hour, and then left there to go home.
“`After punishing Reuben, the Castlemans returned to the warehouse,
bringing him with them; their object being to confront the two men, in the
hope that by further examination of them jointly all their accomplices might
be detected.
“`They were not absent more than half an hour. When they entered the
room above, Lewis was found hanging by the neck, his feet thrown behind
him, his knees a few inches from the floor, and his head thrown forward, —
the body warm and supple (or relaxed), but life was extinct.
“`It was proved by the surgeons who made a post-mortem examination
before the coroner's inquest that the death was caused by strangulation by
hanging; and other eminent surgeons were examined to show, from the
appearance of the brain and its blood-vessels after death (as exhibited at
the post-mortem examination), that the subject could not have fainted
before strangulation.
“`After the evidence was finished on both sides, the jury, from their
box, and of their own motion, without a word from counsel on either side,
informed the court that they had agreed upon their verdict. The counsel
assented to its being thus received, and a verdict of “Not guilty” was
immediately rendered. The attorney for the commonwealth then informed
the court that all the evidence for the prosecution had been laid before the
jury; and, as no new evidence could be offered on the trial of Stephen D.
Castleman, he submitted to the court the propriety of entering a nolle
prosequi. The judge replied that the case had been fully and fairly laid
before the jury upon the evidence; that the court was not only satisfied
with the verdict, but, if any other had been rendered, it must have been
set aside; and that, if no further evidence was to be adduced on the trial
of Stephen, the attorney for the commonwealth would exercise a proper discretion
in entering a nolle prosequi as to him, and the court would
approve its being done. A nolle prosequi was entered accordingly, and
both gentlemen discharged.
“`It may be added that two days were consumed in exhibiting the
evidence, and that the trial was by a jury of Clark County. Both the
parties had been on bail from the time of their arrest, and were continued
on bail whilst the trial was depending.'
“Let us admit that the evidence does not prove the legal crime of
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[figure description] Page 353.[end figure description]
homicide: what candid man can doubt, after reading this ex parte version of it,
that the slave died in consequence of the punishment inflicted upon him?
“In criminal prosecutions the federal constitution guarantees to the
accused the right to a public trial by an impartial jury; the right to be
informed of the nature and cause of the accusation; to be confronted with
the witnesses against him; to have compulsory process for obtaining witness
in his favor; and to have the assistance of counsel; guarantees necessary
to secure innocence against hasty or vindictive judgment, — absolutely
necessary to prevent injustice. Grant that they were not intended for
slaves; every master of a slave must feel that they are still morally binding
upon him. He is the sole judge; he alone determines the offence, the
proof requisite to establish it, and the amount of the punishment. The
slave, then, has a peculiar claim upon him for justice. When charged with
a crime, common humanity requires that he should be informed of it, that
he should be confronted with the witnesses against him, that he should be
permitted to show evidence in favor of his innocence.
“But how was poor Lewis treated? The son of Castleman said he had
discovered who stole the money; and it was forthwith `determined that the
offenders should be punished at once, and before they should know of the
discovery that had been made.' Punished without a hearing! Punished
on the testimony of a house-servant, the nature of which does not appear to
have been inquired into by the court! Not a word is said which authorizes
the belief that any careful examination was made, as it respects their guilt.
Lewis and Reuben were assumed, on loose evidence, without deliberate
investigation, to be guilty; and then, without allowing them to attempt to
show their evidence, they were whipped until a confession of guilt was
extorted by bodily pain.
“Is this Virginia justice?”
“`To the Editor of the Era:
“`I see that Castleman, who lately had a trial for whipping a slave to
death in Virginia, was “triumphantly acquitted,” — as many expected.
There are three persons in this city, with whom I am acquainted, who staid
at Castleman's the same night in which this awful tragedy was enacted.
They heard the dreadful lashing, and the heartrending screams and
entreaties of the sufferer. They implored the only white man they could
find on the premises, not engaged in the bloody work, to interpose, but for
a long time he refused, on the ground that he was a dependant, and was
afraid to give offence; and that, moreover, they had been drinking, and he
was in fear for his own life, should he say a word that would be displeasing
to them. He did, however, venture, and returned and reported the cruel
manner in which the slaves were chained, and lashed, and secured in a
blacksmith's vice. In the morning, when they ascertained that one of the
slaves was dead, they were so shocked and indignant that they refused to
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eat in the house, and reproached Castleman with his cruelty. He expressed
his regret that the slave had died, and especially as he had ascertained that
he was innocent of the accusation for which he had suffered. The idea was
that he had fainted from exhaustion; and, the chain being round his neck,
he was strangled. The persons I refer to are themselves slaveholders;
but their feelings were so harrowed and lacerated that they could not sleep
(two of them are ladies), and for many nights afterwards their rest was
disturbed, and their dreams made frightful, by the appalling recollection.
“`These persons would have been material witnesses, and would have
willingly attended on the part of the prosecution. The knowledge they had
of the case was communicated to the proper authorities, yet their attendance
was not required. The only witness was that dependant who considered
his own life in danger.
Yours, &c.,
J. F.'
The Law of Outlawry.
Revised Statutes of North Carolina, chap. cxi., sect. 22:
“`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. 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.'
“`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.
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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 of
forfeiture thereby.
“`Given under our hands and seals, this 12th of November, 1836.
“`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 eighth of this month.
“`I will give the reward of one hundred dollars 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.
“`November 12, 1836.
W. D. Cobb.'
“That this act was not a dead letter, also, was plainly implied in the
protective act first quoted. If slaves were not, as a matter of fact, ever
outlawed, why does the act formally recognize such a class? — `provided
that this act shall not extend to the killing of any slave outlawed by any
act of the assembly.' This language sufficiently indicates the existence of
the custom.
“Further than this, the statute-book of 1821 contained two acts: the
first of which provides that all masters, in certain counties, who have had
slaves killed in consequence of outlawry, shall have a claim on the treasury
of the state for their value, unless cruel treatment of the slave be proved on
the part of the master; the second act extends the benefits of the latter
provision to all the counties in the state.
“Finally there is evidence that this act of outlawry was executed so
recently as the year 1850, — the year in which `Uncle Tom's Cabin' was
written. See the following from the Wilmington Journal of December
13, 1850.
“`State of North Carolina, New Hanover County. — Whereas
complaint, upon oath, hath this day been made to us, two of the justices
of the peace for the said state and county aforesaid, by Guilford Horn, of
Edgecombe County, that a certain male slave belonging to him, named
Harry, a carpenter by trade, about forty years old, five feet five inches
high, or thereabouts; yellow complexion; stout built; with a scar on his
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left leg (from the cut of an axe); has very thick lips; eyes deep sunk in
his head; forehead very square; tolerably loud voice; has lost one or two
of his upper teeth; and has a very dark spot on his jaw, supposed to be a
mark, — hath absented himself from his master's service, and is supposed
to be lurking about in this county, committing acts of felony or other misdeeds;
these are, therefore, in the name of state aforesaid, to command
the said slave forthwith to surrender himself and return home to his said
master; and we do hereby, by virtue of the act of assembly in such cases
made and provided, intimate and declare that if the said slave Harry doth
not surrender himself and return home immediately after the publication
of these presents, that any person or persons may KILL and DESTROY the
said slave by such means as he or they may think fit, without accusation
or impeachment of any crime or offence in so doing, and without incurring
any penalty or forfeiture thereby.
“`Given under our hands and seals, this 29th day of June, 1850.
“`James T. Miller, J. P. [Seal.]
“`W. C. Bettencourt, J. P.' [Seal.]
“`One Hundred and Twenty-five Dollars Reward will be paid for
the delivery of the said Harry to me at Tosnott Depot, Edgecombe County,
or for his confinement in any jail in the state, so that I can get him; or
One Hundred and Fifty Dollars will be given for his head.
“`He was lately heard from in Newbern, where he called himself Henry
Barnes (or Burns), and will be likely to continue the same name, or
assume that of Copage or Farmer. He has a free mulatto woman for a
wife, by the name of Sally Bozeman, who has lately removed to Wilmington,
and lives in that part of the town called Texas, where he will likely be
lurking.
“`Masters of vessels are particularly cautioned against harboring or
concealing the said negro on board their vessels, as the full penalty of the
law will be rigorously enforced.
Guilford Horn.
“`June 29th, 1850.'”
This last advertisement was cut by the author from the Wilmington
Journal, December 13th, 1850, a paper published in Wilmington, North
Carolina.
-- 357 -- p700-710
Stowe, Harriet Beecher, 1811-1896 [1856], Dred: a tale of the Great Dismal Swamp [Volume 2] (Phillips, Sampson and Company, Boston) [word count] [eaf700v2T].
