The Journal of Negro History, Volume 3, 1918Various
History
The Journal of Negro History, Volume 3, 1918
Various
African Americans -- Periodicals
When the slave was convicted of an offense which was punishable by
death but which was within the benefit of clergy the capital penalty
was not pronounced, but the offender was burnt in the hand or
inflicted with any other corporal penalty at the discretion of the
court. Should the criminal be sentenced to suffer death, thirty days
were to elapse before the execution, except where it was a case of
conspiracy, insurrection or rebellion. When the court had decided to
sentence the slave to the death penalty a valuation of the Negro was
made. This statement was to be turned over to the State auditor of
public accounts who was required to issue a warrant on the treasury
for the amount in favor of the owner of the convicted party. The owner
on his part was to turn over to the treasurer the certificate of the
clerk of the court showing that the slave had been condemned and the
statement of the sheriff that the offender had been executed or had
died before execution.[294]
This matter of the payment to the owner of the value of the executed
slave appears never to have been questioned to any extent even by the
abolitionists in the legislature until the session of 1830 when a bill
was introduced for the repeal of the law. The bill was lost but in the
course of the debate it was stated that while Kentucky contained over
160,000 slaves only about one fifth of the tax-paying whites were
slaveholders and that $68,000 had already been paid out of the State
treasury as indemnity for slaves executed. After the defeat of this
bill there was offered a substitute which proposed that a tax of one
fourth of one per cent should be levied upon the value of all slaves
in the State for the creation of a fund out of which to make such
disbursements, but this was likewise lost.[295]
Until 1811 there were no special enactments on slave crimes and their
punishments. The court had, therefore, more or less range in the
exactment of penalties but the legislature of 1811 passed during the
first fortnight of its session a specific law governing slave crimes.
Only four offenses were to be regarded as punishable by death: (1)
conspiracy and rebellion, (2) administering poison with intent to
kill, (3) voluntary manslaughter and (4) rape of a white woman. If any
slaves were to be found guilty of consulting or advising the murder of
any one, every such consultation was to constitute an offense and be
punishable by any number of stripes not exceeding one hundred.[296]
Public-domain text, read in full here on John Shaqi.
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