Publications of the Mississippi Historical Society, Volume 02 (of 14), 1899Mississippi Historical Society
History
Publications of the Mississippi Historical Society, Volume 02 (of 14), 1899
Mississippi Historical Society
Mississippi -- History
In connection with these acts it would be interesting to review the
earlier decisions of our Supreme Court,--as showing the spirit which
actuated our judges when called upon to adjudicate in matters wherein
the slave was involved, and the fairness and liberality displayed in
the construction and application of the laws concerning him. But it is
impossible in this brief paper to do more than glance at one or two.
Among the very first decisions is one rendered in 1818, in which the
learned judge held, in passing on an appeal for freedom from a number
of negroes, claiming to be unlawfully detained as slaves, that the
slaves in the Northwest Territory became free men by virtue of the
ordinance of 1787, to which we have referred, and, with true justice,
declared that, as such, they could "assert their freedom in the courts
of this state and be protected therein." In the same opinion he
observed that "slavery is condemned by reason and the laws of nature,
and can only exist through municipal regulation; therefore in a matter
of doubt, as between depriving an owner of a vested right, arising from
law, and depriving a human being of his liberty, a natural right, the
court would lean 'in favorem vitae et libertatis,'" and the petitioners
were declared to be free.
In another very old case we find it early judicially determined that,
in this state, the unjustifiable killing of a slave was murder.
This opinion, delivered in 1821, in the first years of our statehood,
so clearly enunciates the humane principles which then actuated our
courts, and to this good day continue to move them, in all their
dealings with the inferior race, that it is peculiarly worthy of a
place in the record of a society devoted to preserving the earlier
history of our state and its people, and we may be pardoned for quoting
its language at length.
Public-domain text, read in full here on John Shaqi.
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