t for sincerity, and believe
them really touched with humane movings towards the slave, were it not
for a proviso in the law clearly revealing that the show of humanity
and regard for their rights, indicated by the words, is nothing more
than a hollow pretence--hypocritical flourish to produce an impression
favorable to their justice and magnanimity. After declaring that he
who is 'guilty of wilfully and maliciously killing a slave, shall
suffer the same punishment as if he had killed a freeman;' the act
concludes thus: 'Provided, always, this act shall not extend to the
person killing a slave outlawed by virtue of any act of Assembly of
this state; or to any slave in the act of resistance to his lawful
overseer, or master, or to any slave dying under _moderate
correction_.' Reader, look at this proviso. 1. It gives free license
to all persons to kill _outlawed slaves_. Well, what is an outlawed
slave? A slave who runs away, lurks in swamps, &c., and kills a _hog_
or any other domestic animal to keep himself from starving, is subject
to a proclamation of _outlawry_; (Haywood's Manual, 521,) and then
whoever finds him may shoot him, tear him in pieces with dogs, burn
him to death over a slow fire, or kill him by any other tortures. 2.
The proviso grants full license to a master to kill his slave, if the
slave _resist_ him. The North Carolina Bench has decided that this law
contemplates not only actual resistance to punishment, &c., but also
_offering_ to resist. (Stroud's Sketch, 37.) If, for example, a slave
undergoing the process of branding should resist by pushing aside the
burning stamp; or if wrought up to frenzy by the torture of the lash,
he should catch and hold it fast; or if he break loose from his master
and run, refusing to stop at his command; or if he _refuse_ to be
flogged; or struggle to keep his clothes on while his master is trying
to strip him; if, in these, or any one of a hundred other ways he
_resist_, or offer, or _threaten_ to resist the infliction; or, if the
master attempt the violation of the slave's wife, and the husband
resist his attempts without the least effort to injure him, but merely
to shield his wife from his assaults, this law does not merely permit,
but it _authorizes_ the master to murder the slave on the spot.

The brutality of these two provisos brands its authors as barbarians.
But the third cause of exemption could not be outdone by the
legislation of fiends. 'DYING under MODE