interest of those who hire slaves to
get as much out of them as they can; the temptation to overwork them
is powerful. If it be said that the master could, in that case,
recover damages, the answer is, that damages would not be recoverable
in law unless actual injury--enough to impair the power of the slave
to labor, be _proved._ And this ordinarily would be impossible, unless
the slave has been worked so greatly beyond his strength as to produce
some fatal derangement of the vital functions. Indeed, as all who are
familiar with such cases in southern courts well know, the proof of
actual injury to the slave, so as to lessen his value, is exceedingly
difficult to make out, and every hirer of slaves can overwork them,
give them insufficient food, clothing, and shelter, and inflict upon
them nameless cruelties with entire impunity. We repeat then that it
is for the _interest_ of the hirer to push his slaves to their utmost
strength, provided he does not drive them to such an extreme, that
their constitutions actually give way under it, while in his hands.
The supreme court of Maryland has decided that, 'There must be _at
least a diminution of the faculty of the slave for bodily labor_ to
warrant an action by the master.'--_1 Harris and Johnson's Reports,
4._

9. _Slaves under overseers whose wages are proportioned to the crop
which they raise._ This is an arrangement common in the slave states,
and in its practical operation is equivalent to a bounty on _hard
driving_--a virtual premium offered to overseers to keep the slaves
whipped up to the top of their strength. Even where the overseer has a
fixed salary, irrespective of the value of the crop which he takes
off, he is strongly tempted to overwork the slaves, as those overseers
get the highest wages who can draw the largest income from a
plantation with a given number of slaves; so that we may include in
this last class of slaves, the majority of all those who are under
overseers, whatever the terms on which those overseers are employed.

Another class of slaves may be mentioned; we refer to the slaves of
masters who _bet_ upon their crops. In the cotton and sugar region
there is a fearful amount of this desperate gambling, in which, though
money is the ostensible stake and forfeit, human life is the real one.
The length to which this rivalry is carried at the south and south
west, the multitude of planters who engage in it, and the recklessness
of human life exhibit