A Judge
cannot but lament, when such cases as the present are brought into judgment. It
is impossible that the reasons on which they go can be appreciated, but where
institutions similar to our own, exist and are thoroughly understood. The struggle,
too, in the Judge's own breast between the feelings of the man, and the duty of
the magistrate is a severe one, presenting strong temptation to put aside such
questions, if it be possible. It is useless however, to complain of things
inherent in our political state. And it is criminal in a Court to avoid any
responsibility which the laws impose. With whatever reluctance therefore it is
done, the Court is compelled to express an opinion upon the extent of the dominion
of the master over the slave in North-Carolina [...] The end is the profit of
the master, his security and the public safety; the subject, one doomed in his
own person, and his posterity, to live without knowledge, and without the
capacity to make any thing his own, and to toil that another may reap the
fruits. What moral considerations shall be addressed to such a being, to
convince him what, it is impossible but that the most stupid must feel and know
can never be true--that he is thus to labour upon a principle of natural duty,
or for the sake of his own personal happiness, such services can only be
expected from one who has no will of his own; who surrenders his will in
implicit obedience to that of another. Such obedience is the consequence only
of uncontrolled authority over the body. There is nothing else which can
operate to produce the effect. The power of the master must be absolute, to
render the submission of the slave perfect. I most freely confess my sense of
the harshness of this proposition, I feel it as deeply as any man can. And as a
principle of moral right, every person in his retirement must repudiate it. But
in the actual condition of things, it must be so. There is no remedy. This
discipline belongs to the state of slavery. They cannot be disunited, without
abrogating at once the rights of the master, and absolving the slave from his
subjection. It constitutes the curse of slavery to both the bond and free portions
of our population. But it is inherent in the relation of master and slave.
North Carolina v. Mann 13 N.C. 263 (N.C. 1830), Opinion of Judge Ruffin
