In the year 1850, there were fifty thousand free colored people in the slave States, the greater number residing in Louisiana, Maryland, Virginia, Tennessee, and South Carolina. In all the States these people were allowed but few privileges not given to the slaves; and in many their condition was thought to be even worse than that of the bondmen. Laws, the most odious, commonly known as the “Black Code,” were enacted and enforced in every State. These provided for the punishment of the free colored people—punishment which was not mentioned in the common law for white persons; for binding out minors, a species of slavery, and naming thirty-two offences more for blacks than had been enacted for the whites, and eight of which made it capital punishment for the offences committed.

Public opinion, which is often stronger than law, was severe in the extreme. In many of the Southern cities, including Charleston, S. C., a colored lady, free, and owning the fine house in which she lived, was not allowed to wear a veil in the public streets.

In passing through the thoroughfares, blacks of both sexes were compelled to take the outside, on pain of being kicked into the street, or sent to the lock-up and whipped.

As late as 1858, a movement was made in several of the Southern States to put an exorbitant tax upon them, and in lieu of which they were to be sold into life-long slavery. Maryland led off with a bill being introduced into the Legislature by Mr. Hover, of Frederick County, for levying a tax of two dollars per annum on all colored male inhabitants of the State over twenty-one years of age, and under fifty-five, and of one dollar on every female over eighteen and under forty-five, to be collected by the collectors of the State taxes, and devoted to the use of the Colonization Society. In case of the refusal to pay of a property-holder or housekeeper, his or her goods were to be seized and sold; if not a property-holder, the body of the non-paying person was to be seized, and hired out to the lowest bidder who would agree to pay the tax; and in case of not being able to hire said delinquents out, they were to be sold to any person who would pay the amount of tax and costs for the lowest period of service!

Tennessee followed in the same strain. The annexed protest of one of her noblest sons,—Judge Catron, appeared at the time. He said:

“My objection to the bill is, that it proposes to commit an outrage, to perpetrate an oppression and cruelty. This is the plain truth, and it is idle to mince words to soften the fact. Let us look the proposition boldly in the face. This depressed and helpless portion of our population is designed to be driven out, or to be enslaved for life, and their property forfeited, as no slave can hold property. The mothers are to be sold, or driven away from their children, many of them infants. The children are to be bound out until they are twenty-one years of age, and then to leave the State or be sold; which means that they are to be made slaves for life, in fact. Now, of these women and children, there is hardly one in ten that is of unmixed negro blood. Some are half-white; many have half-white mothers and white fathers, making a cast of 87 1-2-100ths of white blood; many have a third cross, in whom the negro blood is almost extinct; such is the unfortunate truth. This description of people, who were born free, and lived as free persons, are to be introduced as slaves into our families, or into our negro quarters, there to be under an overseer, or they are to be sold to the negro-trader and sent South, there to be whipped by overseers—and to preach rebellion in the negro quarters—as they will preach rebellion everywhere that they may be driven to by this unjust law, whether it be amongst us here in Tennessee or south of us on the cotton and sugar plantations, or in the abolition meetings in the free States. Nor will the women be the least effective in preaching a crusade, when begging money in the North, to relieve their children, left behind in this State, in bondage.

“We are told that this ’free-negro bill’ is a politic, popular measure. Where is it popular? In what nook or corner of the State are principles of humanity so deplorably deficient that a majority of the whole inhabitants would commit an outrage not committed in a Christian country of which history gives any account? In what country is it, this side of Africa, that the majority have enslaved the minority, sold the weak to the strong, and applied the proceeds of the sale to educate the children of the stronger side, as this bill proposes? It is an open assertion that ‘might makes right.’ It is re-opening the African slave trade. In that trade the strong capture the weak, and sell them; and so it will be here, if this policy is carried out.”

In some of the States the law was enacted and the people driven out or sold. Those who were able to pay their way out, came away; those who could not raise the means, were doomed to languish in bondage till released by the Rebellion.

About the same time, in Georgia, Florida, and South Carolina, strong efforts were being made to re-open the African slave trade. At the Democratic State Convention, held in the city of Charleston, S. C., May 1, 1860, Mr. Gaulden made the following speech:—

“Mr. President, and Fellow Democrats:—As I stated to you a few moments ago, I have been confined to my room by severe indisposition, but learning of the commotion and the intense excitement which were existing upon the questions before this body, I felt it to be my duty, feeble as I was, to drag myself out to the meeting of my delegation, and when there I was surprised to find a large majority of that delegation voting to secede at once from this body. I disagree with those gentlemen. I regret to disagree with my brethren from the South upon any of the great questions which interest our common country. I am a Southern States’ Rights man; I am an African slave-trader. I believe I am one of those Southern men who believe that slavery is right, morally, religiously, socially, and politically. (Applause.) I believe that the institution of slavery has done more for this country, more for civilization, than all other interests put together. I believe if it were in the power of this country to strike down the institution of slavery, it would put civilization back two hundred years. I tell you, fellow Democrats, that the African slave-trader is the true Union man. (Cheers and laughter.) I tell you that the slave-trading of Virginia is more immoral, more un-Christian in every possible point of view, than that African slave-trade which goes to Africa and brings a heathen and worthless man here, makes him a useful man, Christianizes him, and sends him and his posterity down the stream of time to join in the blessings of civilization. (Cheers and laughter.) Now, fellow-democrats, so far as any public expression of opinion of the State of Virginia—the great slave-trading State of Virginia—has been given, they are all opposed to the African slave-trade.”

Dr. Reed, of Indiana.—I am from Indiana, and I am in favor of it.

Mr. Gaulden.—Now, gentlemen, we are told, upon high authority, that there is a certain class of men who strain at a gnat and swallow a camel. Now, Virginia, which authorizes the buying of Christian men, separating them from their wives and children, from all the relations and associations amid whom they have lived for years, rolls up her eyes in holy horror when I would go to Africa, buy a savage, and introduce him to the blessings of civilization and Christianity. (Cheers and laughter.)

Mr. Rynders, of New York.—You can get one or two recruits from New York to join with you.

The President.—The time of the gentleman has expired. (Cries of “Go on! go on!”)

The President stated that if it was the unanimous wish of the Convention, the gentleman could proceed.

Mr. Gaulden.—Now, fellow Democrats, the slave-trade in Virginia forms a mighty and powerful reason for its opposition to the African slave-trade, and in this remark I do not intend any disrespect to my friends from Virginia. Virginia, the Mother of States and of statesmen, the Mother of Presidents, I apprehend, may err as well as other mortals. I am afraid that her error in this regard lies in the promptings of the almighty dollar. It has been my fortune to go into that noble old State to buy a few darkies, and I have had to pay from one thousand to two thousand dollars a head, when I could go to Africa and buy better negroes for fifty dollars a-piece. (Great laughter.) Now, unquestionably, it is to the interests of Virginia to break down the African slave-trade when she can sell her negroes at two thousand dollars. She knows that the African slave-trade would break up her monopoly, and hence her objection to it. If any of you Northern Democrats—for I have more faith in you than I have in the Carpet Knight Democracy of the South—will go home with me to my plantation in Georgia, but a little way from here, I will show you some darkies that I bought in Maryland, some that I bought in Virginia, some in Delaware, some in Florida, some in North Carolina, and I will also show you the pure African, the noblest Roman of them all. (Great laughter.) Now, fellow Democrats, my feeble health and failing voice admonish me to bring the few remarks I have to make to a close. (Cries of “Go on! go on!”) I am only sorry that I am not in a better condition than I am to vindicate before you to-day the words of truth, of honesty, and of right, and to show you the gross inconsistencies of the South in this regard. I came from the First Congressional District of the State of Georgia. I represent the African slave-trade interests of that section. (Applause.) I am proud of the position I occupy in that respect. I believe that the African slave-trader is a true missionary, and a true Christian. (Applause.)

Such was the feeling in a large part of the South, with regard to the enslavement of the negro.