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the enlightened, and the virtue of the good, and has taught them to know and love the peculiar the prudence of the sagacious are wisdom and vir- virtues of the African. Nor has interest any thing tue and prudence for those who, in themselves, pos- to do in this matter. The owner of a slave who sess none of these qualities, and the blind walk is executed receives his price from the treasury. safely and confidently by the guidance of those But such demands on it are almost unknown, for who can see, the heart may shudder, if, turning punishment is hardly ever inflicted or deserved. away from the contemplation of these desirable The regulations I speak of are peculiar to Virresults we look too closely to the means by which ginia. But the manner of their administration they were brought about. The laws I speak of are there is given in proof of the change wrought by but memorials of what has been; like the trial by time in the relation between master and slave. battle in the English law, long retaining its place This change is progressive, and an accurate obin the same code that denounced the duellist as a server may see that, from time to time, the great murderer. They are but the scars of stripes for- body of slaves have become more attached, more merly inflicted. They forbid the slave to be taught content with their condition, less licentious and to read. Yet all whose minds thirst after know- more honest; and that, meanwhile, their comforts ledge (and if there be danger, these are the dangerous) have abundant opportunity. The child is encouraged to impart the first rudiments to his nurse, and her access to books and newspapers is unrestrained. She has all the stimulus to the cultivation of her mind, and all the aid that intelligent conversation supplies; and nothing more strikingly shows the unintellectual character of the race, than the general indifference to these advantages. Each one who makes use of them may instruct the rest, and the leisure of all is much more than the laboring class enjoys in other parts of the world.

have been increased, and that the master has become more kind, more indulgent, milder in his methods of government and more confiding. The voice of command is giving place to that of courteous request; the language of objurgation is exchanged for that of grave reproof, and it becomes daily more manifest, that, whatever griefs may fall to the lot of either party, both are happy in each other, and happy in a relation, with the duties of which use has made both familiar.

In much that I have said here, I am aware that I have spoken as a witness. In that character I speak reluctantly. But I am emboldened to do so by the assurance that the candid will be ready to believe my testimony because of its conformity with reasoning founded on the nature of things. I am supported also by the conviction that the knowledge and feeling of the truth of what I have said are in the hearts and minds of many in this presence. But were there none such here, who could believe me so absurdly rash as to venture on statements, which, if false, are known to be false by all those whose good opinion is the only fame I can hope for.

The penal code abounds too with laws denouncing capital punishment against slaves; and the trial by jury is denied them. The effect of these things was probably as harsh, at one time, as the laws themselves now seem. In Virginia the slave is not committed to a jury sworn to try whether he be guilty or no, but to a sort of discretionary power exercised by a bench of justices bound by no specific oath. The question with them often seems to be whether he shall be punished or no. This is appalling. But let humanity take heart. At this day this discretion is exercised altogether in favor of the slave. For offences not affecting life or I feel assured moreover that thousands will adopt limb he is commonly left to the jurisdiction of his and own a sentiment, which, I doubt not, many premaster, whose punishments, falling far short of sent may hear with surprise. I am aware that the those denounced by law, fully satisfy the public. interest of the Southern master in his slave is comThe idea of trying a slave for larceny, after he has monly considered as a thing to be estimated in been flogged by his master, is as abhorrent to our dollars and cents. It seems to be a prevailing notions as the putting a free man twice in jeopardy belief, that we would be glad to give up our slaves for the same offence. Moreover the dissent of one if we could receive something in exchange not very of five justices is enough to acquit. To secure the far short of their value as commonly estimated. unanimity necessary to conviction, in a capital case, This may be true of many. Some may be satisthe guilt of the accused must not only be proved fied, by calculations easily made, that they might incontestibly, but there must be nothing to justify, turn the price to better account, by giving it in wages nothing to excuse, nothing to extenuate, nothing to hirelings. I have little doubt that this is true, even to awaken compassion. The court screens and yet I am sure that multitudes, even of those the accused alike from the caprice of juries, and the severity of the law. The importance of this protection can only be appreciated by those who are aware of the total want of sympathy between the negro and the white man who owns no slave. He is glad to escape from a jury composed of such to those whose daily intercourse with their own slaves

VOL. X-43

most fully convinced by such reasonings, would make the exchange with great reluctance. I speak but for a smaller number, but there are certainly some for whom I may speak, when I say that they would not willingly make it on any terms whatever. With such it is an affair of the heart. It presents not a question of profit and loss, but of the

sundering of a tie in which the best and purest | which he sought to cheat the object of his licenaffections are deeply implicated. It imports the tious passion into preference of the joys of lawless

love to that sacred union which upholds the order of society, and which God has declared to be honorable in his sight, were drawn from the idea that love must perish as soon as the restraints of law are applied to it. The echo of these sentiments has not yet died away. They are embodied in Pope's mellifluous lines.

"Love, free as air, at sight of human ties,

surrender of friendships the most devoted, the most enduring, the most valuable. I have spoken of this already, but I must be pardoned for alluding to it again. I must be allowed to offer a word on behalf of the mother around whose bed there clusters a crowd of little ones from whom death is about to tear her. Who, when she is gone, will be a mother to the prattling urchin, unconscious of the loss he is about to sustain, and whose childish sports are even now as full of glee as if death were not in the world? Who but she, who already shares with her the natural appellation, and performs, with a loving heart, more than half the duties of a mother? She has daughters growing up. A roof may be found to shelter them; one whom the world calls a friend may usher them into society; instruction may be purchased for them, and the soundest maxims of morals, religion and decorum may be inculcated. But who is to be with them when they lie down, and when they rise up? Who is to watch and accompany their outgoings and their incomings? Who is to be with them in the dangerous hours of privacy, restraining, regulating, purifying their conversation and their thoughts? These are the proper duties of a mother, the importance of which renders her loss so fatal. Who is to perform them? There she stands. It is the same that supports the languid head of the dying mother, and holds the cup to her parched lips. The same, whose untiring vigilance, day after day and night after night, has watched by that bed of death, with a fidelity to which friend- have men been brought to submit universally to ship between equals affords no parallel, and which the wealth of the Indies could not purchase.

Spreads his light wings, and in a moment flies. Should at my feet the world's great master fall, Himself, his throne, his world, I'd scorn them all. Not Cæsar's empress would I deign to prove : No! make me mistress to the man 1 love! If there be yet another name more free More fond than mistress, make me that to thee! Oh, happy state! when souls each other draw, When love is liberty, and nature law; All then is full, possessing and possessed, No craving void left aching in the breast; Ev'n thought meets thought, ere from the lips it part, And each warm wish springs mutual from the heart." Now this is very harmonious and very eloquent. But is it true? It may be so, if that we dignify with the name of love is nothing but a purely selfish preference of one person over another. The proverbial charm of variety will certainly have its effect here, and if it is this sensual appetite or dreamy phantasy that is to be cultivated and indulged, then is there good reason in these ideas. But God has made the well being of society depend on a union that forbids the indulgence of this vagrant taste, and checks the caprices of fancy.

How

such restraints? Is it not that the wise Creator has implanted in the heart a counterpollent princiBut, if the devotion of the slave is so absolute, ple? Is it not that the very restraint of which we it may be asked where can be the harm of sever- are at first impatient, engenders, in every well coning the superfluous bond which deprives his services stituted mind, a correction of the evil? The most of the praise due to them, by giving a semblance profound thinkers have long since decided, that the of compulsion to what is voluntary. The ques-indissoluble nature of the connubial tie teaches the tion is specious enough; but the answer is partly found in what I have already said. To answer it more fully, it is necessary to advert to a gross and fatal error in morals and polities, which has indeed but few advocates, but which, to a certain extent, influences the sentiments and conduct of many whose reason distinctly rejects it.

parties to put a curb on the heart and imagination which restrains their wanderings; and men and women are found to pass long lives in harmony and mutual love, who, in the earlier stages of their connexion, might have parted forever, if separation had been possible. To render this union thus efficacious, it is wisely accompanied with such a It is an error that took its rise in the alliance community of interests, that neither party can enbetween genius and licentiousness, formed in the gage in the separate and selfish pursuit of any percloisters of the monastery a few centuries ago. In manent good. It is sometimes seen not fully to that dark time, when learning and power were produce the desired result, when parties come tomonopolized by the priesthood, ambition lured men gether, each bringing children of a former marriage. into the church, and the church condemned them These are the objects of peculiar affections and to celibacy. But love is of all ages and conditions distinct interests, which often interrupt harmony, of society, and none more keenly feels its power and prevent that perfect amalgamation, which the than the sensitive child of genius. Restrained by law contemplates and desires to effect. What the laws of his order yet more than by the laws of would be the consequence, if, beside this cause of God, he could only evade the former by openly dissension, the husband and wife should have no defying the latter. The plausible sophisms by children common to both, and each had a separate

and independent faculty of acquiring property for jure him, by the very considerations so often invotheir respective offspring, cannot easily be estima-ked against us, not to break up that beautiful systed. That the affection of the parties would be tem of domestic harmony, which, more than any exposed to the rudest trials is quite certain. It thing else, foreshadows the blissful state in which would probably soon terminate in open rupture, not love is to be the only law, and love the only sancfrom a preference on the part of either for some tion and love the supreme bliss of all. new face, but from absolute disgust and well deserved hatred.

They to whom these ideas are new may think they savor of paradox and extravagance. I am Now something like this would attend the eman- not aware that they have ever been publicly procipation of that female slave. She is sure of those claimed by any one. But I beg you to believe that necessaries and comforts with which education and I would not venture to utter them here, did I not use have made her content, she has no faculty of know that they float more or less distinctly in the acquiring property, she has no means of providing minds of all who can be supposed capable of apfor her children, but she knows that they are well preciating and comprehending them. They may provided for already. She is thus in condition to not be expressed in words, but they find a mute give herself up to the duties of her station and a language in the cheerful humility, the liberal obecare of the children that have hung at her breast dience, the devoted loyalty of the slave, and in the with her own, and on whose welfare she feels that gentleness, the kindness, the courtesy of the masthat of herself and her offspring depends. Eman-ter. These are the appropriate manifestations of cipate her; emancipate them strip them of the those affections which it is the office of religion to protecting disabilities with which the law surrounds cultivate in man, and I appeal to them as evidenthem, and she will see at once the necessity and ces of the ameliorating influence of this much misthe duty of living for them alone. She must do understood relation on the hearts and minds of both so, for the mistaken philanthropy which has turned parties. That such results are universal, I will her and her offspring naked and defenceless on the not pretend to say; but that the cause which has cold charities of the world at large, demands that produced them will go on to produce them more "If the every effort, every care, every thought be devoted extensively, I conscientiously believe. to the almost hopeless task of saving them from thing be not of God, it will surely come to nought;" want. In rare instances, uncommon qualities and but so fully am I convinced that it has his sanction exemplary virtue on both sides, might preserve and approbation, that I expect it to cease only friendship between her and her master's family. But a conflict of interests would have taken the place of a community of interests; and friendship, under such circumstances, would no longer result naturally from the relation between the parties. It would be a forced state of feeling, and would be liable to perish in a moment on the failure of any one of the innumerable conditions essential to its existence.

It may be added, that, if the value of slaves of this class is to be computed by estimating only such services as money can buy, these services are purchased at too high a rate. They may be purchased from hirelings for much less than is freely given to favorite slaves, by way of indulgence and gratuity. But the possession of such a slave, who is not only the servant, but the friend of his master, the vigilant guardian of his interests, and, in some things, a sagacious and faithful adviser, is a luxury of the heart, which they, who can afford it, would not part with at any price.

It is for no sordid interest then that I should plead, when, if addressing one having power to abolish this relation, I should implore his forbearance. Speaking on behalf, not only of myself, but of the slave, by whom I know I should not be disavowed, I would entreat him to pause and reflect, before sundering a tie which can never be reunited, a cord spun from the best and purest and most disinterested affections of the heart. I would con

when, along with other influences divinely directed, it shall have accomplished its part of the great work of enlightening, evangelizing and regenerating the human race.

THE POET'S GRAVE.

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Where the violet stands beside the rose,
And the tall green grass in beauty grows,
And the whispering winds in sadness sigh,
There, let him lie.

Where the flowrets smile in clustering love,
And the beautiful bowers hang thick above,
And the streams go winding sweetly by,
There, let him lie.

Where the wild bird builds its feathery nest,
And plumes the down of its gentle breast,
And waiteth and watcheth and lingereth nigh,
There, let him lie.

And if some lake, as Leman, lave
The minstrel's tomb-the poet's grave,
Whose tones like mournful music die,
There, let him lie.

Or if perchance in greenwood shade,
That fairy-spot, his dust be laid;
"Tis well: no need of tear, or sigh,
There, let him lie.

But oh! if in the stranger's land
He chance to fade-no gentle hand
Upon his brow-where Luna's eye

Beholds his lonely grave, there let the Poet lie.

own, than to extend his claims on any other. Let not this suggestion be answered with a sneer. I have shown already how numerously the works of Americans are republished in England. I have before me several of my own writings, in English type,-some of which have reached the second edition in London,—and this, without my taking a single step towards it, or seeking, or receiving a single shilling of British money by way of compensation. Could we be secure of the home market, on equal terms with the foreign author, we should not care a copper for the European. The United States, collectively, from Maine to Texas, would afford an ample field to the genius of our writers, whether their aims be ambition or avarice. Those persons, who, in opposing the friends of an extended Copyright, have dwelt with so much stress upon the cupidity of authorship as the source of the present application,-who have insisted upon their ravenous appetite for tribute from all the world, have spoken not only foolishly, but knavishly. They knew better. Mankind knows better. The history of Literature is one which shows the author to be commonly indifferent to money-heedless equally of the present and the future. It is in becoming more prudent, more methodical, more careful of the results of their la

INTERNATIONAL COPYRIGHT. bors,-more solicitous of the welfare of their fami

LETTER III.

HON. I. E. HOLMES:

House of Representatives, Washington.

lies, and so, more moral and more deserving of social approbation,-that the authors of modern times have offended against those classes which Views in regard to an extension of the privileges of Copy-have fed and fattened for centuries upon their right in the United States, to the citizens of other countries, in a Letter to the Hon. Isaac E. Holmes, of South brains, as the maggot is said to do upon those of Carolina, member of Congress. By the author of "The the elk. For my own poor part, speaking simply Yemassee," 99.66 The Kinsmen," "Richard Hurdis," "Dam- for myself-though I believe I speak also the sensel of Darien," &c. timents of all of the profession, I neither care for the British market, nor ask that our government shall trouble itself for a single instant to inquire what may be the laws of Copyright in that country. I prefer that ours should act indepenDEAR SIR: In employing the phrase, "Interna- dently in this matter, from her own head, and with tional Copyright," by which to distinguish the sort as little reference as possible to the doings of any of remedy which the American author craves, for other nation. Let England do as she pleases. his security, at the hands of the American Con- Let us do right. The question, like all others gress, you are not to suppose that I am at all soli- which relate to the rights of man, his sense of citous of any treaty-arrangement, between ours justice, or his interests, is determinable by intrinsic and any foreign power, in relation to this interest. standards. It asks no argument drawn from foI use the words, not because I approve of the par- reign example. It needs no dicta whether of statesticular measure which they imply, but because, men or schoolmen. Ancient men can tell us no from familiar and frequent use, they enter readily more in regard to it than we can learn, at any mointo the general sense of our people, and, thus far, ment, by a simple reference to the governing prinform a very good caption to a series of papers, ciples already in our hands; and I am free to conwhich have for their object a general survey of fess I sicken at the humiliating deference which the condition of our Literature, and an inquiry into our writers and public men so constantly show to the proper modes of improving and elevating it. If British authority, as if Britain were not only alwe can obtain a proper adjustment of our claims ways infallible, but always just. It is high time at home, the American author will give himself that we should relieve ourselves from this sort of very little concern as to the new rights which he slavishness-high time we should learn that, as a may acquire in the British publishing market. His people, we have in our own possession all the object is rather to obtain a proper footing in our' means and material for forming, on almost every

subject, a separate and independent judgment. The Blackstones-not to speak of many others—minds laws and books--the past wisdom and example-capable of rising from the shallow technicalities of the trials and experiences, the arts and the sci- practice, to the fixed governing principles and reaences-not of Great Britain only, but of the whole sons by which the mere rules of law are adjusted world,―are at our disposal,-in forms, more eligible and determined-have long since insisted upon as and compact, more easy of use, and more accessi- the simplest measure of justice. Until she shall ble, than they are ordinarily to be found in Europe. have recognized in the genius of her country a In our hands they are remote from the bias of their perfect right in its own creations-a right to use, origin-unfettered by the habits or the institutions to sell or to retain-so long as the commodity shall in which they had their rise; and totally unimpaired possess a value--she can urge no claim to be reand unqualified by the superstitions and the preju-garded as a model, in this respect, to other nations. dices of their growing ages. They come to us in Some of these, Germany for example, where Cotheir matured and perfect condition. As a people, pyright is perpetual, have gone infinitely beyond we start from a point which seems particularly to her. Let us, therefore, not trouble ourselves about indicate a necessity for thinking out our own pro- England. Let her frame her laws to suit her own blems, and the constant and habitual exercise of purposes. The basis for ours should not be her this noble privilege, while it is the highest proof of suggestions, but our convictions--not her example, our freedom, is the first great source of its preser- but our sense of right. I am the more earnest in vation. It has been urged, as our reproach, that, insisting upon this point, as I feel that we have alas a people, we take nothing for granted. Per-ready too many treaty entanglements with a nation, haps this is our best security. Such a habit may which common interest must always keep a rival, make our legislation tedious, but it is apt finally to and which circumstances have long since made an leave it true. I see no reason to rest upon, even enemy. if we refer to, the ipse dixit of other nations. Yet The previous letters which I have written on this here, unhappily, is our usual pausing place. Thus subject will show, if studied, sufficient reasons far do we go-no farther. It is sufficient to be why a Law of Copyright should not only be indetold, such is the usage of this or that ancient em- pendent of that of Great Britain, but why it should pire-whether barbarous or not, it does not matter-be thrown open equally to the whole world. It has and the question is immediately shut; there we been shown that because of the natural connection hang or hover, incapable of the effort to ascend between the two nations, in consequence of their and pass over the (most commonly) merely brutal common origin and language, that the elder posobstruction. So far from our taking nothing for sesses an influence over the younger, which is ingranted, it seems to me we take every thing for consistent with our moral and intellectual indepengranted which the stranger tells us; even though dence. This is a sufficient reason why we should it makes us angry. Why should this be so? It encourage, as much as possible, among us the needs but a manly confidence in ourselves, and the circulation of foreign letters and languages, parexercise of those patient and pressing virtues which ticularly the German; which, in the absence of a have placed our merely political securities where native literature, may neutralize, in some degree, they are, to render those of our moral and social the authority of that by which we are emasculated world precisely what they should be. Certainly, and enslaved. There are other reasons for desias relates to the present interest, I see not why ring a general diffusion of the German literature we should refer to what is doing or to be done in and language among us, which, however, would England. Her principles, on the subject of Lite-only divert us now from the proper discussion. rary Property, are still singularly unsettled. Her As the case stands at present, and as, I trust, I legislation, in regard to it, down to a very recent have sufficiently shown in preceding pages, the period, has been scarcely superior to our own. It only hope of American authorship is-without fallhas always been contracted by the narrow question ing into too bad an Hibernicism-in its ceasing to of expediency—always, more or less impaired in be American. The American author must expathe results, by a reference to the warring claims triate himself. The American market, which afof subordinate artists, printers, and publishers and fords him a Copyright, denies him a publisher. paper-makers, in whose struggles of selfishness the Such is the working of the laws. His remedy is author is commonly sacrificed. What England to become a British citizen,-to yield his Amerihas yielded to her literary men has been grudgingly can Copyright entirely, and content himself with bestowed by the legislator, quite as much through that of Great Britain, in lieu of his country. There, a sense of shame, or of the merest policy, as so far as he is effected by the laws, he enters the through justice. The miserable dole, under the field on equal terms with the British author. There, name of privilege, reluctantly given at the instance his solicitude must be to conciliate the British of some of her greatest intellects, is very far, even reader. He does this by forbearing American yet, from having reached that degree of concession topics,-by foregoing the American name. He which her best law-givers, her Mansfields and her must be particularly careful to suppress his iden

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