Dissertation on Slavery: With a Proposal for the Gradual Abolition of it, in the State of VirginiaTucker, St. George
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Dissertation on Slavery: With a Proposal for the Gradual Abolition of it, in the State of Virginia
Tucker, St. George
Slavery -- Virginia
To an attentive observer these gradual, and almost imperceptible
amendments in our jurisprudence respecting slaves, will be found, upon
the whole, of infinite importance to that unhappy race. The mode of
trial in criminal cases, especially, is rendered infinitely more
beneficial to them, than formerly, though perhaps still liable to
exception for want of the aid of a jury: the solemnity of an oath
administered the moment the trial commences, may be considered as
operating more forcibly on the mind, than a general oath of office,
taken, perhaps, twenty years before. Unanimity may also be more readily
expected to take place among _five_ men, than among _twelve_. These
objections to the want of a jury are not without weight: on the other
hand it may be observed, that if the number of triers be not equal to a
full jury, they may yet be considered as more select; a circumstance of
infinitely greater importance to the slave. The unanimity requisite in
the court in order to conviction, is a more happy acquisition to the
accused, than may at first appear; the opinions of the court must be
delivered openly, immediately, and seriatim, beginning with the youngest
judge. A single voice in favour of the accused, is an acquittal; for
unanimity is not necessary, as with a jury, to acquit, as well as to
condemn: there is less danger in this mode of trial, where the suffrages
are to be openly delivered, that a few will be brought over to the
opinion of the majority, as may too often happen among jurors, whose
deliberations are in _private_, and whose impatience of confinement may
go further than real conviction, to produce the requisite unanimity.
That this happens not unfrequently in civil cases, there is too much
reason to believe; that it may also happen in criminal cases, especially
where the party accused is not one of their equals, might, not
unreasonably, be apprehended. In New-York, before the revolution, a
slave accused of a capital crime, should have been tried by a jury if
his master required it. This is, perhaps, still the law of that state.
Such a provision might not be amiss in this; but considering the
ordinary run of juries in the county-courts, I should presume the
privilege would be rarely insisted upon.
Public-domain text, read in full here on John Shaqi.
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