Emancipation sentiment was ascendant in the South
after 1783 though Northern inventions like the cotton gin and mills
hungry for raw cotton perpetuated the existence of slave labor on
Southern plantations. Fearful of slave revolts as the black population
grew, and shaken by the Nat Turner massacre of women and children,
Southerners erected anti-emancipation laws to control slave populations.
The constant agitation of slave revolt by abolitionist fanatics
culminating in John Brown’s crime in Virginia, was an effective means to
end even voluntary emancipation in the South. Peaceful emancipation
initiatives from the North would have had a better effect and avoided
war.
Bernhard Thuersam, Chairman
North Carolina War Between the States Sesquicentennial Commission
www.ncwbts150.com
"The Official Website of the North Carolina WBTS Sesquicentennial"
Emancipation Sentiment in 1845 South Carolina
“In 1840 there came up to the Court of Appeals the noted Carmille
case. A slaveowner, Carmille, had died leaving a will which with
reference to his slaves provided that they should be set free if
possible…or conveyed in trust to certain trustees who would allow them
to hire their time, paying only a nominal sum to the trustees.
This was unquestionably in conflict with the policy of the [South
Carolina] statutes on the subject of emancipation. [A] court held that
the will of the testator was not contrary to the principles of the act
of 1820 and was not in violation of the State’s policy toward the Negro,
and that the will ought to be carried out.
The decision…aroused the sentiment of the legislature and caused the
passage of the sweeping act of 1841. The act of 1841 was intended
apparently to close every avenue of approach to emancipation. These laws
are not always of course to be taken as a final indication of public
sentiment. There was evidently a large class of persons who honestly
desired to see a less severe policy pursued. Their views cannot be
better expressed than in the clear and rugged style of Justice O’Neall.
In 1845 he said:
“I think its policy [i.e., of the legislature against emancipation]
so questionable that it ought to be repealed. A law, evaded as it is,
and against which public sentiment, within and without the State, is so
much arrayed, ought not to stand. It is better by far, that a wise and
prudent system of emancipation, like that of 1800, should exist, rather
than that unlicensed emancipation according to private arrangement
should take place.
What is there in the policy of South Carolina to forbid emancipation
by an owner, of a faithful, honest, good slave? Have we anything to
fear from such a liberal and humane course?
Until fanaticism and folly drove us from that position of the law
our State had uniformly favored emancipation by owners, of their slave
property, with such limitations and guards as rendered the free Negro
not a dangerous, but a useful member of the community, however humble he
may be. It is time we should return to it and say to all at home and
abroad, we have nothing to fear from occasional emancipation.”
(Control of Slaves in South Carolina, H.M. Henry, PhD Dissertation Vanderbilt University, 1914, pp. 173-174)
"...Peaceful emancipation initiatives from the North would have had a better effect and avoided war..."
ReplyDeleteBeen saying this for many, many years.
Tyrant Abe could have BOUGHT every slave in the South for the $ wasted on the war - with not a single life lost - *IF* the war had really been about slavery.
I have a problem with THIS bit, though...
"...The act of 1841 was intended apparently to close every avenue of approach to emancipation. These laws are always of course to be taken as a final indication of public sentiment. There was evidently a large class of persons who honestly desired to see a less severe policy pursued..."
Seems as if it should say "..areN'T always..."
I can think of a dozen laws which have been passed against public sentiment in my state and the Fed.gov in just the last few years. I doubt things were much different in antebellum SC...
DD
I can think of a dozen laws which have been passed against public sentiment in my state and the Fed.gov in just the last few years.
ReplyDeleteDamn, if that ain't the truth.
Brilliant DD! Just received a corrected copy.
ReplyDeleteThese laws are not always of course to be taken as a final indication of public sentiment.