A Defence of Virginia: And Through Her, of the South, in Recent and Pending Contests Against the Sectional PartyDabney, Robert Lewis
History
A Defence of Virginia: And Through Her, of the South, in Recent and Pending Contests Against the Sectional Party
Dabney, Robert Lewis
Slavery -- Justification; Slavery -- United States; Slavery -- United States -- History; Slavery -- Virginia
The laws of Virginia protected not only the life, but the limb of the
slave against white persons, and even his own master. The statute
against wounding, stabbing and maiming is in the following words:[80]
"If any free person maliciously shoot, stab, cut or wound _any
person_, or by any means cause him bodily injury with intent to maim,
disfigure, disable or kill, he shall, except where it is otherwise
provided, be punished by confinement in the penitentiary not less
than one, nor more than ten years. If such act be done unlawfully, but
not maliciously, with the intent aforesaid, the offender shall, at the
discretion of the jury if the accused be white, or of the court if he
be a negro, either be confined in the penitentiary not less than one
nor more than five years, or be confined in jail not exceeding twelve
months, and fined not exceeding five hundred dollars." And in the
chapter on trials it is added: [81] "And on any indictment for
maliciously shooting, stabbing, cutting or wounding a person, or by
any means causing him bodily injury with intent to kill him, the jury
may find the accused not guilty of the offence charged, but guilty of
maliciously doing such act with intent to maim, disfigure or disable,
or of unlawfully doing it, with intent to maim, disfigure, disable or
kill, such person." These are but digests of repeated older statutes
of Virginia, of date 1803, 1815, and 1819. Now the General Court, the
highest tribunal of appeal in criminal cases, [82]decided that the
"_any person_," protected by these laws, included the slave; and that
an indictment for the malicious stabbing of a slave could be supported
under these acts. Thus, while the slave was required to accept the
chastisement of his master, his life and limb were as fully protected
as those of the white man.
[Footnote 80: Code of 1849, Ch. 191, § 9. Edit. 1860, p. 784.]
[Footnote 81: Code of 1849, Ch. 208, § 30.]
[Footnote 82: Chapple's case, I. Virginia cases, 184. Carver's case,
5th Randolph's Rep., 660.]
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