o the number of
stripes which may he given is an absurdity, however well intended. Forty
stripes, is, I believe, the authorized number. A certain number of
blows, if given with a dog-whip, would inflict no injury beyond the
momentary pain, whereas the same number inflicted with a heavy
walking-stick might lame a man for life. Again, I know of no law in the
States prohibiting the corporal punishment of any slave, of whatever age
or sex; at all events, grown-up girls and mothers of families are doomed
to have their persons exposed to receive its infliction. Of this latter
fact, I am positive, though I cannot say whether the practice is general
or of rare occurrence.
I have entered rather fully into a description of the implements of
punishment, to show the grounds upon which I make the following
proposals:--First, that a proper instrument for flogging be authorized
by law, and that the employment of any other be severely punished.
Secondly, that the number of lashes a master may inflict, or order to be
inflicted, be reduced to a minimum, and that while a greater number of
lashes are permitted for grave offences, they be only administered on
the authority of a jury or a given number of magistrates. Thirdly, that
common decency be no longer outraged by any girl above fifteen receiving
corporal punishment.[BZ] Fourthly, that by State enactment--as it now
sometimes is by municipal regulation--no master in any town be permitted
to inflict corporal punishment on a slave above fifteen; those who have
passed that age to be sent to the jail, or some authorized place, to
receive their punishment, a faithful record whereof, including slave and
owner's names, to be kept. My reasons for this proposal are, that a man
will frequently punish on the spur of the moment, when a little
reflection would subdue his anger, and save the culprit. Also, that it
is my firm conviction that a great portion of the cruelty of which
slaves are the victims, is caused by half-educated owners of one or two
slaves, who are chiefly to be found in towns, and upon whom such a law
might operate as a wholesome check. Such a law would doubtless be good
in all cases, but the distances of plantations from towns would render
it impossible to be carried out; and I am sorry to say, I have no
suggestion to make by which the slaves on plantations might be
protected, in those cases where the absence of the owners leaves them
entirely at the mercy of the driver, which I
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