CHAPTER XII

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A COMPARISON OF THE ROMAN LAW OF SLAVERY WITH THE AMERICAN.

The writer has expressed the opinion that the American law of slavery, taken throughout, is a more severe one than that of any other civilized nation, ancient or modern, if we except, perhaps, that of the Spartans. She has not at hand the means of comparing French and Spanish slave-codes; but, as it is a common remark that Roman slavery was much more severe than any that has ever existed in America, it will be well to compare the Roman with the American law. We therefore present a description of the Roman slave-law, as quoted by William Jay, Esq., from Blair’s “_Inquiry into the State of Slavery among the Romans_,” giving such references to _American authorities_ as will enable the reader to make his own comparison, and to draw his own inferences.

I. _The slave had no protection against the avarice, rage, or lust of the master, whose authority was founded in absolute property; and the bondman was viewed less as a human being subject to arbitrary dominion, than as an inferior animal, dependent wholly on the will of his owner._

See law of South Carolina, in Stroud’s “_Sketch of the Laws of Slavery_,” p. 23.

[Sidenote: 2 Brev. Dig. 229. Prince’s Dig. 446. Cobb’s Dig. 971.]

Slaves shall be deemed, sold, taken, reputed and adjudged in law to be _chattels personal_ in the hands of their owners and possessors, and their executors, administrators and assigns, to all intents, constructions, and purposes whatever.

[Sidenote: Lou. Civil Code, art. 35. Stroud’s Sketch, p. 22.]

A slave is one who is in the power of a master to whom he belongs.

[Sidenote: Judge Ruffin’s Decision in the case of The State _v._ Mann. Wheeler’s Law of Slavery, 246.]

——Such obedience is the consequence only of uncontrolled authority over the body. There is nothing else which can operate to produce the effect. The power of the master must be _absolute_, to render the submission of the slave perfect.

II. _At first, the master possessed the uncontrolled power of life and death._

[Sidenote: Judge Clarke, in case of State of Miss. _v._ Jones. Wheeler, 252.]

At a very early period in Virginia, the power of life over slaves was _given by statute_.

III. _He might kill, mutilate or torture his slaves, for any or no offence; he might force them to become gladiators or prostitutes_.

The privilege of killing is now somewhat abridged; as to mutilation and torture, see the case of _Souther_ v. _The Commonwealth_, 7 _Grattan_, 673, quoted in