Appendix 2 of Dread, The Tale of the Great Dismal Swamp, by Heret Beecher Stow. This is a LibriVox recording. While LibriVox recordings are in the public domain. For more information or to volunteer, please visit LibriVox.org. Dread. Appendix number 2. The chapter headed J.Gar Sathaduta contains some terrible stories. It is to be said they are all facts on judicial record of the most fain-like cruelty. Terminating in the death of the victim where the affair has been judicially examined and the perpetrator escaped death in in most cases any punishment for his crime. Cases Souther. Souther versus the Commonwealth, 7 Groton, 673 1851. The killing of a slave by his master and owner by willful and excessive whipping is murder in the first degree, though it may not have been the purpose and attention 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 15 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 15th count unites them all and as the court certifies that the indictment was sustained by the evidence, the giving the fact 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 first 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 while so tied the prisoner first whipped the slave with switches. Then he next beat and cobbed the slave with a shingle and compelled two of his slaves, a man and a woman, also to cobb 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, a foreset also to wash him with the 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 a foreset. 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 not 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 and stalks by making his legs fast 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 while the deceased was thus made fast in stalks as a foreset, 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 a foreset. In the count charge 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. It was sentenced to the penitentiary for five years in 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 first day of September, 1849. The prisoner moved for a new trial upon the ground that the offense, 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 the offense 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 which they were sent for by the prisoner who was 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 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 inferred 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 indictment contains 15 counts and sets forth a case of the most cruel and excessive whipping and tortured. It is believed that the records of criminal jurisprudence do not contain the case of more atrocious and wicked cruelty than was presented upon the trial of Southern and yet it has been gravely and earnestly contended here by his counsel that his offense 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 grounds 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 that 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, etc. that if any person shall hereafter be guilty of willfully and maliciously killing a slave such offender shall upon the first conviction thereof be a judge guilty of murder and shall suffer the same punishment as if he 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 and point from the national era Washington, November 6, 1851 Homicide case in Clark County, Virginia Sometimes since the newspapers of Virginia contained an account of a horrible tragedy enacted in Clark 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 a 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 until the courts should pronounce their judgment and we could announce it 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 the 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 Clark 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 Louis, property of the latter. By advice of their counsel the party is 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 tabern kept by Stephen D. Castleman and the liquors kept in large quantities in his cellar had been pillaged from time to time until the thefts had attained to a considerable amount. Suspicion had from various causes been directed to Louis and another Negro named Rubin, 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 the predators 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 offender should be punished at once before they should know of the discovery that had been made. Louis 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 leather and 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 affected by false keys furnished by the blacksmith, Ruben. 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 Louis 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 fashion by himself by which the theft had been affected. It was further shown on the trial that Louis was whipped in the upper room of a warehouse. Connected was 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 Ruben 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 waist between the shoulders of a 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. The chains were tied in front. A white man who had been at work with Louis during the day was left with him by the Messor's castleman the better to ensure his detention whilst they were absent after Ruben. It was proved by this man who was a witness for the prosecution that Louis asked for a box to stand on or for something that he could jump off from that after the castleman had left him the fear that when they came back he would be whipped again and said if he had a knife he 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 Louis about a half an hour and then left there to go home. After punishing Ruben the Messomans 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 Louis 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 he was 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 Steven D. Castleman he submitted to the court the propriety of entering a no le prosteque 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 Steven the attorney for the commonwealth would exercise a proper discretion in entering a no le prosteque as to him and the court would approve its being done a no le prosteque 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 homicide what candid man can doubt after reading this ex parte version of it that the slave died in consequence of the punishment afflicted 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 confirmed 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 offense 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 Louis 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 Louis 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 whooping a slave to death in Virginia was triumphantly acquitted as many expected there are three persons in the city with whom I am acquainted who stayed at Castleman's the same night in which this awful tragedy was enacted they heard the dreadful lashing and the heart-rending screams and in treaties 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 dependent and was afraid to give offense and that moreover they had been drinking and he was in fear of 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 vise in the morning when they ascertained that one of the slaves was dead they were so shocked and indignant that they refused to 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 in 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 dependent who considered his own life in danger yours etc. J.F. the law of outlawry revised statutes of North Carolina chapter 111 section 22 whereas many times slaves run away and lie out hide and lurky and swamps woods in 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 before said 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 courthouse 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 Lenore County where his 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 Ben Fox and Rigdon have absented themselves from their said master service and are lurking about in the counties of Lenore 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 Lenore to make diligent search and pursuit after the above mentioned slaves and we do hereby by virtue of an act of assembly of the 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 offense 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. Jason Jones, G.P. $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 Lenore or Jones County or for 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 would 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 provided all masters in certain counties who have had slaves killed in consequence of outlawry shall have a claim on the treasury of this state for their value so that one of the slaves 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 where is complaint upon oath hath this state 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 build with a scar on his left leg from the cut of an axe as 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 axe 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 think fit without accusation or impeachment of any crime or offense in so doing and without incurring any penalty or forfeiture thereby given under our hands and seals this twenty ninth day of June 1850 James T. Miller W. C. Bettencourt one hundred and twenty five dollars reward will be paid for the delivery of the said Harry to me at Tusk Knot Depot, Edgecom 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 New Bern where he called himself Barnes or Burns it will be likely to continue the same name or assume that of Coppich or Farmer he has a free Malata woman for a wife by the name of Sally Bozeman who is 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 end of appendix two appendix three of dread a tale of the great Christmas swamp by Harriet Beecher Stowe this is a LibriVox recording all LibriVox recordings are in the public domain for more information or to volunteer please visit LibriVox.org recording by William Jones Benita Springs, Florida dread appendix three church action on slavery in reference to this important subject we present a few books from the first and second chapters of the fourth part of The Key to Uncle Tom's Cabin let us review the declarations that have been made in the southern church and see what principles have been established by them one, that slavery is an innocent and lawful relation as much as that of parent and child, husband and wife or any other lawful relation of society harmony present, South Carolina two, that it is consistent with the most fraternal regard for the good of the slave Charleston Union Press South Carolina three, that masters ought not to be disciplined for selling slaves without their consent New School Presbyterian Church Petersburg, Virginia four, that the right to buy, sell and hold men for purposes of gain is given by express permission of God James Smiley and his presbyteries five, that the laws which forbid the education of the slave are right and meet the approbation of the reflecting part of the Christian community, ibbid six, that the fact of slavery is not a question of morals at all, but is purely one of political economy Charleston Baptist Association seven, the right of masters to dispose of the time of their slaves has been distinctly recognized by the creator of all things, ibbid eight, that slavery as it exists in these United States is not a moral evil Georgia Conference Methodist nine, that without a new revelation from heaven no man is entitled to pronounce slavery wrong eleven, that the separation of slaves by sale should be regarded as separation by death and the parties allowed to marry again, Charleston Baptist Association and Savannah River Association eleven, that the testimony of colored members of the churches shall not be taken against a white person Methodist church in addition it has been plainly avowed by the expressed ideals and practice of Christians of various denominations that they regard it right and proper to put down all inquiry upon the subject by lynch law the old school Presbyterian church in whose communion the greater part of the slave-holding Presbyterians of the south are found has never felt called upon to discipline its members for upholding the system which denies legal marriage to all slaves yet this church was agitated to its very foundation by the discussion of a question of morals which an impartial observer would probably consider a far less magnitude namely whether a man might lawfully marry his deceased wife's sister for the time all the strength and attention of the church seemed concentrated upon this important subject the trial went from statutory to senate and from senate to general assembly and ended with deposing a very respectable minister for this crime Reverend Robert J. Breckenridge a member of the old school assembly has thus described the state of the slave population as to their marriage relations the system of slavery denies to a whole class of human beings the sacredness of marriage and of home that you live in a state of concubinage for in the eye of the law no colored slave men is the husband of any wife in particular nor any slave woman the wife of any husband in particular no slave men is the father of any child in particular and no slave child is the child of any parent in particular now had this church considered the fact that three millions men and women were by the laws of the land obliged to live in this manner as of equally serious consequence it is evident from the ingenuity argument vehemence biblical research and untiring zeal which they bestowed upon Mr. McQueen's trial that they could have made a very strong case with regard to this also the history of the united action of denominations which included churches both in the slave states is a melancholy exemplification to a reflecting mind of that gradual deterioration of the moral sense which results from many any compromise however slight with an acknowledged sin the best minds in the world cannot bear such a familiarity without injury to the moral sense the facts of the slave system and of the slave laws when presented to disinterested judges in Europe have excited a universal outburst of horror yet in assemblies composed of the wisest and best clergymen of America these things have been discussed from year to year and yet brought no results that have in the slightest degree lessened the evil the reason is this a portion of the members of these bodies had pledged themselves to sustain the system and peremptorily to refuse and put down all discussion of it and the other part of the body did not consider this stand so taken as being of sufficiently vital consequence to authorize separation nobody will doubt that had the southern members taken such a stand against the divinity of our lord the division would have been immediate and unanimous but yet the southern members do maintain the right to buy and sell their and mortgage multitudes of men and women whom with the same breath they declare to be members of their churches and true Christians the Bible declares of all such that they are the temples of the Holy Ghost that they are the members of Christ's body of his flesh and bones is not the doctrine that men may lawfully sell the members of Christ his body his flesh and bones for the purpose of gain as really a heresy as a denial of the divinity of Christ and is it not a dishonor to him who is overall God bless forever to tolerate this dreadful opinion with its more dreadful consequences while the smallest heresies concerning the imputation of Adam's sin are pursued with eager vehemence if the history of the action of all the bodies thus united can be traced downward we shall find that by reason of this tolerance of an admitted sin the anti-slavery testimony has every year grown weaker and weaker if we look over the history of all denominations we shall see that at first they used very stringent language with relation to slavery this is particularly the case with the Methodist and Presbyterian bodies and for that reason we select the Methodist society especially as organized by John Wesley was an anti-slavery society and the Book of Discipline contained the most positive statutes against slaveholding the history of the successive resolutions of the conference of this church is very striking in 1780 before the church was regularly organized in the United States they resolved as follows the conference acknowledges that slavery is contrary to the laws of God, man in nature and hurtful to society contrary to the dictates of conscious and true religion and doing what we would not others should do unto us in 1784 when the church was fully organized rules were adopted prescribing the times at which members who were already slaveholders were their slaves these rules were succeeded by the following quote every person concerned who will not comply with these rules shall have liberty quietly to withdraw from our society within the 12 months following the notice being given him as aforesaid otherwise the assistance shall exclude them from the society no person holding slaves in the future be admitted into the society or to the Lord's supper till he previously comply with these rules concerning slavery those who buy, sell or give slaves away unless on purpose to free them shall be expelled immediately close quote in 1801 we declare that we are more than ever convinced of the great evil of African slavery but still exists in these United States every member of this society who sells a slave shall immediately after full proof be excluded from the society etc the annual conferences are directed to draw up addresses for the gradual emancipation of the slaves to the legislature proper committees shall be appointed by the annual conference out of the most respectable of our friends for the conducting of the business and the presiding elders, deacons and traveling preachers shall procure as many proper signatures as possible to the addresses and give all the assistance in their power in every respect to aid the committees and to further the blessed undertaking let this be continued from year to year till the desired end be accomplished in 1836 let us notice the change the general conference held its annual session in Cincinnati and resolved as follows quote resolved by the delegates of the annual conferences in general conference assembled that they are decidedly opposed to modern abolitionism and poorly disclaim any right wish or intention to interfere in the civil and political relation between master and slave as it exists in the slave holding states of this union close quote these resolutions were passed by a very large majority an address was received from the Wesleyan Methodist Conference in England affectionately remonstrating on the subject of slavery the conference refused to publish it in the pastoral address to the churches are these passages quote it cannot be unknown to you that the question of slavery in the United States by the constitutional compact which binds us together as a nation is left to be regulated by several state legislatures themselves and thereby split beyond the control of the general government as well as that of all ecclesiastical bodies it being manifest that in the slave holding states themselves the entire responsibility of its existence or nonexistence rests with those state legislatures these facts which are only mentioned here as a reason for the friendly admonition which we wish to give you constrain us as your pastors who are called to watch over your souls as they must give account to exhort you to abstain from all abolition movements and associations and to refrain from patronizing any of their publications et cetera close quote the subordinate conferences show the same spirit in 1836 the new york annual conference resolved that no one should be elected a deacon or elder in the church unless he would give a pledge to the church he would refrain from discussing this subject footnote 7 this resolution is given in bernie's pamphlet in footnote in 1838 the conference resolved as the sense of this conference that any of its members or probationers who shall patronize zion's watchmen either by writing in commendation of its character by circulating it recommending it to our people or procuring subscribers or by collecting or remitting monies shall be deemed guilty of indiscretion and dealt with accordingly close quote it will be recollected that zion's watchmen was edited by lebroy sunderland for whose abduction the state of alabama had offered $50,000 in 1840 the general conference at baltimore passed the resolution that we have already quoted forbidding preachers to allow colored persons to give testimony in their churches it has been computed that about 80,000 people were deprived of the right of testimony by this act this Methodist church subsequently broke into a northern and southern conference the southern conference is avowedly all pro-slavery and the northern conference has still in its communion slave-holding conferences and members of the northern conferences one of the largest the baltimore passed the following quote resolved that this conference disclaims having any fellowship with abolitionism on the contrary while it is determined to maintain its well-known and long-established position by keeping the traveling preachers composing its own body free from slavery it is also determined not to hold connection with any ecclesiastical body that shall make non-slave-holding a condition of membership in the church but to stand by and maintain the discipline as it is close quote the following extract is made from an address of the Philadelphia annual conference to the societies under its care dated Wilmington, Delaware, April 7th 1847 quote if the plans of separation gives us the pastoral care of you it remains to inquire whether we have done anything or as men to forfeit your confidence and affection we are not advised that even in the great excitement which has distressed you for some months past anyone has impeached our moral conduct or charged us with unsoundness in doctrine or corruption or tyranny in the administration of discipline but we learn that the simple cause of the unhappy excitement among you is that some suspect us or affect to suspect us of being abolitionists yet no particular act of the conference or any particular member thereof is adduced as the ground of the erroneous and injurious suspicion we would ask you brethren whether the conduct of our ministry among you for 60 years past ought not to be sufficient to protect us from this charge whether the question we have been accustomed to a few years past to put to candidates for admission among us namely are you an abolitionist and without each one answered in the negative he was not received ought not to protect us from the charge whether the action of the last conference on this particular matter ought not to satisfy any fair and candid mind that we are not and do not desire to be abolitionists we cannot see how we can regard as abolitionists without the ministers of the Methodist Episcopal Church South being considered in the same light wishing you all heavenly benedictions we are dear brethren yours and Jesus Christ close quote J.P. Durbin J. Kennedy Ignatius T. Cooper William H. Gilder Joseph Castle committee these facts sufficiently defined the position of the Methodist Church the history is melancholy but instructive the history of the Presbyterian Church is also of interest in 1793 the following note to the 8th commandment was inserted in the book of discipline as expressing the doctrine of the church upon slaveholding quote first Timothy 110 the law is made for man stealers this crime among the Jews exposed the perpetrators of it to be capital punishment Exodus 2115 and the Apostle here classes them with centers of the first rank the word he uses in his original import comprehends all who are concerned in bringing any of the human race into slavery or in retaining them in it hominem fures chiservos ve liberos abdukunt retinent and vel amunt stealers of men are all those who bring off slaves of freemen and keep sell or buy them to steal a free man says is the highest kind of theft in other instances we only steal human property but when we steal or retain men in slavery we sees those who in common with ourselves are constituted by the original grant lords no rules of church discipline were enforced and members whom this passage declared guilty of this crime remained undisturbed in its communion as ministers and elders this inconsistency was obviated in 1816 by expunging the passage from the book of discipline in 1818 it adopted an expression of its views on slavery this document is a long one conceived and written in a very Christian way the assembly's digest says page 341 that it was unanimously adopted the following is its testimony as to the nature of slavery quote we consider the voluntary enslaving of one part of the human race by another as a gross violation of the most precious and sacred rights of human nature as utterly inconsistent with the law of God which requires us ourselves and is totally irreconcilable with the spirit and principles of the Gospel of Christ which enjoin that all things whatsoever you would that men should do to you do you even so to them slavery creates a paradox in the moral system it exhibits rational accountable and immortal beings in such circumstances as scarcely to leave them the power of moral action exhibits them as dependent on the will of others whether they shall receive religious instruction whether they shall know and worship the true God whether they shall enjoy the ordinances of the Gospel whether they shall perform the duties and cherish the endearments of husbands and wives, parents and children, neighbors and friends whether they shall preserve their chastity and purity or regard the dictates of humanity such are some of the consequences of slavery consequences not imaginary but which connect themselves with its very existence the evils to which the slave is always exposed often take place in fact and in their very worst degree in form and where all of them do not take place as we rejoice to say that in many instances through the influence of principles of humanity and religion on the minds of masters they do not still the slave is deprived of his natural right degraded as a human being and exposed to the danger of passing into the hands of a master who may inflict upon him all the hardships and injuries which in humanity and avarice may suggest close quote this language was certainly decided and it was unanimously adopted by slave holders and non-slave holders certainly one might think the time of redemption was drawing nigh the declaration goes on to say quote it is manifestly the duty of all Christians who enjoy the light of the present day when the inconsistency of slavery both with the dictates of humanity and religion has been demonstrated and is generally seen and acknowledged to use earnest unword endeavors to correct the errors of former times and as speedily as possible to efface this blot on our holy religion and to obtain the complete abolition of slavery throughout Christendom and throughout the world close quote here we have the Presbyterian church slave holding and non-slave holding virtually formed into one great abolition society as we have seen the Methodist was the assembly then goes on to state that the slaves are not at present prepared to be free that they tenderly sympathize with the portion of the church and country that has had this evil entailed upon them where as they say a great and most virtuous part of the community abhors slavery and wish its extermination but they exhort them to commence and lead the work of instructing slaves with a view to preparing them for freedom and to let no greater delay take place than in regard to public welfare indispensably demands to be governed by no other considerations than an honest impartial regard to the happiness of the injured party uninfluenced by the expense and its inconvenience which such regard may involve it warrants against brutally extending this plea of necessity against making it a cover for the love and practice of slavery it ends by recommending that anyone we shall sell a fellow Christian without his consent to be immediately disciplined and suspended if we consider that this was unanimously adopted by the slave holders and all and grant as we certainly do that it was adopted in all honestly and good faith we surely expect something from it we should expect forthwith the organizing of a set of common schools for the slave children for an efficient religious administration for an entire discontinuous of trading in Christian slaves for laws which make the family relation sacred was any such thing done or attempted alas two years after this came the admission of Missouri and the increase of demand in the southern slave market and the internal slave trade instead of school teachers they had slave traders instead of gathering schools they gathered slave coffals instead of building school houses they built slave pens and slave prisons jails, barracoons, factories or whatever the trade pleases to term them and so went the plan of gradual emancipation in 1834 sixteen years after a committee of the senate of Kentucky in which state slavery is generally said to exist in its mildest form appointed to make a report on the condition of the slaves gave the following picture of their condition first is to their spiritual condition they say after making all reasonable allowances our colored population can be considered at the most but semi-heathen brutal stripes and all the various kinds of personal indignities are not the only species of cruelty which slavery licenses the law does not recognize the family relations of the slave and extends to him no protection in the enjoyment of domestic endearments the members of a slave family may be forcibly separated so that they shall never more meet until the final judgment and cupidity often induces masters to practice what the law allows brothers and sisters parents and children husbands and wives are torn asunder and permitted to see each other no more these acts are daily occurring in the midst of us the shrieks in agony often witnessed on such occasions proclaim with trumpet tone the iniquity and cruelty of our system the cries of those sufferers go up to the ears of the lord of Sebeloth there is not a neighborhood these heart-rending scenes are not displayed there is not a village or road that does not behold the sad procession of manacled outcasts whose chains and mournful countenances tell that they are exiled by force from all that their hearts hold dear our church years ago raised its voice of solemn warning against this flagrant violation of every principle of mercy justice and humanity blessed to announce to you and to the world that this warning has been often disregarded even by those who hold to our communion cases have occurred in our own denomination where professors of the religion of mercy have torn the mother from her child and sent her into a merciless and returnless exile yet acts of discipline have rarely followed such conduct the honorable James G. Barney for years a resident of Kentucky in his pamphlet amends the word rarely by substituting never what could show more plainly the utter inefficiency of the past act of the assembly and the necessity of adopting some measures more efficient in 1835 therefore the subject was urged upon the general assembly in treating them to carry out the principles and designs they had avowed in 1818 Mr. Stewart of Illinois in a speech he made upon the subject said I hope this assembly are prepared to come out fully and declare their sentiments that slaveholding is a most flagrant and heinous sin let us not pass it by in this indirect way while so many thousands and tens of thousands of our fellow creatures are writhing under the lash often inflicted to by ministers and elders of the Presbyterian church in this church a man may take a freeborn child force it away from its parents to whom God gave it in charge saying bring it up for me and sell it as a beast or hold it in perpetual bondage and not only escape corporal punishment but really be esteemed and excellent Christian nay even ministers of the gospel and doctors of divinity may engage in this unholy traffic and yet sustain their high and holy calling elders, ministers and doctors of divinities are with both hands engaged in the practice one would have thought facts like these stated in a body of Christians were enough to wake the dead but alas we can become accustomed to very awful things no action was taken upon these rumored strances except to refer them to a committee to be reported on at the next session in 1836 the moderator of the assembly in 1836 was a slave holder Dr. T. S. Witherspoon the same who said to the editor of the emancipator I draw my warrant from the scriptures of the Old and New Testament to hold my slaves in bondage the principle of holding the heathen in bondage is recognized by God when the tardy process of the law is too long in redressing our grievances we at the south have adopted the summary process of Judge Lynch the majority of the committee appointed may they report as follows whereas the subject of slavery is inseparably connected with the laws of many of the states in this union with which it is by no means proper for an ecclesiastical judicature to interfere and involves many considerations in regard to which great diversity of opinion and intensity of feeling are known to exist in the churches represented in this assembly and whereas there is great reason to believe that any action on the part of this assembly in reference to this subject would tend to distract and divide our churches and would probably in no wise promote the benefit of those whose welfare is immediately contemplated in the memorials in question therefore resolved one that it is not expedient for the assembly to take any further order in relation to this subject two that as the notes which have been expunged from our public formularies and which some of the memorials referred to in the committee request to have restored were introduced irregularly never had the sanction of the church any authority the general assembly has no power nor would they think it expedient to assign them a place in the authorized standards of the church the minority of the committee as a reference Messers Dickie and Beeman reported as follows resolved one that the buying, selling, or holding a human being as property is in the sight of God a heinous sin and ought to subject the doer of it to the sinners of the church two that it is the duty of everyone and especially every Christian who may be involved in this sin to free himself from its entanglement without delay three that it is the duty of everyone especially of every Christian in the meekness and firmness of the gospel to plead the cause of the poor and needy by testifying against the principle and practice of slave holding it is his best endeavours to deliver the church of God from the evil and to bring about the emancipation of the slaves in these United States and throughout the world the slave holding delegates to the number of 48 met apart and resolved that if their general assembly shall undertake to exercise authority on the subject of slavery so as to make it an immorality or shall in any way declare that Christians are criminal in holding slaves that a declaration shall be presented by the southern delegation declining their jurisdiction of the case and our determination not to submit to such decision in view of these conflicting reports the assembly resolved as follows in as much as the constitution of the Presbyterian church in its preliminary and fundamental principles declares that no church judicatories ought to pretend to make laws to bind the conscience in virtue of their own authority and as the urgency of the business of the assembly and the shortness of time during which they can continue in session render it impossible to deliberate and decide judiciously on the subject of slavery in its relation to the church therefore resolved that this full subject be indefinitely postponed the amount of the slave trade at the time when the general assembly refused to act upon the subject of slavery at all may be inferred from the following items the Virginia Times in an article published in this very year of 1836 estimated the number of slaves exported for sale from that state alone during the 12 months preceding at 40,000 the Natchez Mississippi Courier says that in the same year the states of Alabama, Missouri and Arkansas imported 250,000 slaves from the more northern states if we deduct from these all who may be supposed to have immigrated with their masters still what an immense trade is here indeed two years after the general assembly by a sudden and very unexpected movement passed a vote extending without trial the opinion of the church four senators comprising the most active and decided anti-slavery portions of the church the reasons alleged were doctrinal differences and ecclesiastical practices inconsistent with Presbyterianism by this act about 500 ministers and 60,000 members were cut off from the Presbyterian church that portion of the Presbyterian church called New School considering this act unjust refused to assent to it joined the extended senate and formed themselves into the New School General Assembly in this communion only three slave holding presbyteries remained in the old there were between 30 and 40 the course of the old school assembly after the separation in relation to the subject of slavery may be best expressed by quoting one of their resolutions passed in 1845 having some decided anti-slavery members in its body and being moreover addressed on the subject of slavery by associated bodies they presented in this year the following deliberate statement of their policy minutes for 1845 page 18 resolved one that the general assembly of the presbyterian church was originally organized and has since continued the bond of union in that church upon the conceited principles that the existence of domestic slavery under the circumstances in which it is found in the southern part of the country is no bar to Christian communion two, that the petitions that ask the assembly to make the holding of slaves in itself a matter of discipline do virtually require this to dissolve itself and abandon the organization under which by the divine blessing it has so long prospered the tendency is evidently to separate the northern from the southern portion of the church a result which every good Christian must deplore as tending the dissolution of the union of our beloved country and which every enlightened Christian will oppose as bringing about a ruinous and unnecessary schism between brethren who maintain a common faith it is scarcely necessary to add a comment to this very explicit declaration it is the plainest possible disclaimer of any protest against slavery the plainest possible statement that the existence of the ecclesiastical organization is of more importance than all the moral and social considerations which are involved in a full defense and practice of American slavery the next year a large number of petitions and remonstrances were presented requesting the assembly to utter additional testimony against slavery in reply to the petitions the general assembly reaffirmed all their former testimonies in the wake of slavery for 60 years back and also affirmed that the previous year's declaration must not be understood as a retraction of that testimony in other words they expressed it as their opinion in the words of 1818 that slavery is fully opposed to the law of God and totally irreconcilable with the precepts of the gospel of Christ and yet the Church organization upon the conceited principle that the existence of it under the circumstances in which it is found in the southern states of the union is no bar to Christian communion some members protested against this action minutes 1846 overture number 17 great hopes were at first entertained of the new school of body as a body it was composed of three men it had in it three sentence whose anti-slavery opinions and actions had been to say the least one very efficient cause for their excision from the church it had only three slave holding presbyteries the power was all in its own hands now if ever was there time to cut this loathsome incumbrance wholly adrift and stand up in this age of concession to the world a purely protesting church free from all complicity with this most dreadful national immorality on the first session of the general assembly this course was most vehemently urged by many petitions and memorials these memorials were referred to a committee of decided anti-slavery men the argument on one side was that the time was now come the committee of decided measures to cut free fully from all pro-slavery complicity and avow their principles with decision even though it should repel all such churches from their communion as were not prepared for immediate emancipation on the other hand the majority of the committee were urged by opposing considerations the brethren from slave states made to them representations somewhat alike to these brethren our hearts are with you we are with you in faith in charity in prayer we sympathized in the injury that had been done you by excision we stood by you then and we are ready to stand by you still we have no sympathy with the party that have expelled you and we do not wish to go back to them as to this matter of slavery we do not differ from you we consider it an evil turn and lament over it we are trying by gradual and peaceable means to exclude it from our churches we are going as far in advance of the sentiment of our churches as we consistently can we cannot come up to more decided action without losing our hold over them and as we think throwing back the cause of emancipation if you begin in this decided manner we cannot hold our churches they will divide and go to the old school close quote here was a very strong plea made by good and sincere men it was an appeal too to the most generous feelings of the heart it was in effect saying quote brothers we stood by you and fought your battles when everything was going against you and now that you have the power in your hands are you going to use it so as to cast us out close quote these men strong anti-slavery men as they were were affected one member of the committee foresaw and feared the result he felt and suggested that the course proposed conceded the whole question the majority thought on the whole that it was best to postpone the subject the committee reported that the applicants for reasons satisfactory to themselves had drawn their papers the next year in 1839 the subject was resumed and it was again urged that the assembly should take high and decided an unmistakable ground and certainly if we consider that all this time not a single church had emancipated its slaves and that the power of the institution was everywhere stretching and growing and increasing it would certainly seem that something was necessary than a general understanding that the church agreed with the testimony delivered in 1818 it was strongly represented that it was time something was done this year the assembly decided to refer the subject to presbyteries to do what they deemed advisable the words employed were these quote solemnly referring the whole to the Lord Judicatories to take such action as in their judgments is most judicious and adapted to remove the evil close quote the Reverend George Beecher moved to insert the word moral before evil they declined footnote 8 Godel's history of the great struggle between freedom and slavery in the footnote this brought in 1840 a much larger number of memorials and very strong attempts were made by the abolitionists to obtain some decided action the committee this year referred to what had been done last year and declared it inexpedient to do anything further the subject was indefinitely postponed at this time it was resolved that the assembly should meet only once in three years accordingly it did not meet until 1843 in 1843 several memorials were again presented and some resolutions were offered to the assembly of which this was won minutes of the general assembly for 1843 page 15 resolved that we affectionately and earnestly urge upon the ministers sessions, presbyteries and sentence connected with this assembly that they treat this as all other sins of great magnitude and by a diligent kind of faithful application of the means which God has given them by instruction, remonstrance, reproof and effective discipline seek to purify the church of this great inequity this resolution they declined they passed the following whereas there isn't this assembly great diversity of opinion as to the proper and best mode of action on the subject of slavery and whereas in such circumstances any expression of sentiment would carry with it but little weight as it would be passed by a small majority and must operate to produce alienation and division and whereas the assembly of 1839 with great unanimity referred the whole subject to the lower judicatories to take such order as in their judgment might be adapted to remove the evil resolved that the assembly do not think it for the edification of the church for this body to take any action on the subject they however passed the following resolved that the fashionable amusement of promiscuous densing is so entirely unscriptural and eminently and exclusively that of the world which lieth in wickedness and so fully inconsistent with the spirit of Christ and with that propriety of Christian deportment and that purity of heart which his followers are bound to maintain as to render it not only improper and injurious for professing Christians either to partake in it or to qualify their children for it by teaching them the art but also to call for the faithful and judicious exercise of discipline on the part of church sessions when any of the members of their churches have been guilty thus has the matter gone on for over a year or two year ever since in 1856 we were sorry to say that we can report no improvement in the action of the great ecclesiastical bodies on the subject of slavery but rather deterioration notwithstanding all the aggressions of slavery and notwithstanding the constant developments of its horrible influence in corrupting and degrading the character of the nation as seen in the mean vulgar changes in our national congress and the brutal bloodthirsty fiend-like proceedings in Kansas connived at and protected if not directly sanctioned and in part instigated by our national government notwithstanding all this the great ecclesiastical organizations seem less disposed than ever before to take any efficient action on the subject this was manifest in the general conference of the Methodist Episcopal Church in North held in Indianapolis during the spring of the present year and in the general assemblies of the Presbyterian Church held at New York at about the same time true a very large minority in the Methodist conference resisted with great energy the action or rather no action of the majority and gave fearless utterance to the most noble sentiments but in the final result the numbers were against them the same thing was true to some extent in the new school Presbyterian general assembly though here the anti-slavery utterances were on the whole inferior to those in the Methodist conference in both bodies the packed threads and cushions and caulkers and bannies are numerous and have the predominant influence while the Dixons and Ruskins are fewer and have far less power the representations therefore in the body of the work though very painful are strictly just individuals everywhere in the free states and in some of the slave states are most earnestly struggling against the prevailing corruption but the churches as such are for the most part still on the wrong side there are churches free from the stain but they are neither numerous nor popular for an illustration of the lynching of Father Dixon see Keys to Uncle Tom's Cabin Part 3 Chapter 8 End of Appendix 3 Church Action on Slavery End of Dread A Tale of the Great Dismal Swamp by Harriet Beecher Stowe