Slavery -- United States; United States -- Politics and government -- 1849-1853
MR. BURT, of South Carolina, rose and said that he had not interrupted
the gentleman from Massachusetts during his speech, but he presumed he
did not wish to have any error go forth under the sanction of his name;
and he therefore called upon him to retract what he had said in regard
to slaves ever being exempted from capital punishment for crimes for
which the whites were executed. He called upon him also to withdraw the
imputation that the pecuniary value of the slave was a motive for any
such difference in the laws respecting them. He remarked that, by the
laws of the Southern States, such a distinction is not made. I know,
said he, no instance in which it exists. On the contrary, slaves are
punished capitally for offences that are not so punished when committed
by white men. In South Carolina, slaves have never been admitted to
the benefit of clergy for offences at common law; and thus a slave
is punished capitally for maiming or grievously beating a white man.
Mr. Burt was also understood to say that there were “six or eight,”
or “eight or ten,” offences in South Carolina for which slaves were
punished capitally, but for which white men were not.
MR. MANN replied that he had stated what he believed to be true; but
if he had fallen into any mistake, he should be most happy to be
corrected. He was assured also by the gentleman from Georgia, on
his left, [Mr. TOOMBS,] that no such distinction existed as he had
supposed; and it was but reasonable to believe that those gentlemen
were more conversant with the southern laws than himself.
MR. MANN added that he, (Mr. Mann,) could not be expected to have the
statute books of the Southern States before him, at that time, to meet
so unexpected a denial. Neither could he be expected by any honorable
gentleman to make a retraction until he had time to see whether the
ground he had taken were tenable.
NOTE BY MR. MANN. On repairing to the Law library to ascertain
which party was right in regard to the above difference of opinion,
the second book I opened contained at least three cases, where
the courts were authorized to sentence a slave to be transported
for the commission of an offence, for which a white man must be
unconditionally hung. See North Carolina Rev. Stat. vol. i. chap.
3, §§ 36, 37, 39. Of course, the reason of this difference is the
pecuniary value of the slave. Hung, he would be worthless; transported
to Cuba, he might bring five hundred dollars.
The law was formerly so in Mr. Burt’s own state.
Public-domain text, read in full here on John Shaqi.
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