The Journal of Negro History, Volume 3, 1918Various
History
The Journal of Negro History, Volume 3, 1918
Various
African Americans -- Periodicals
As time went on the list of capital crimes was increased as a natural
result of the growth of the slave population and their growing state
of unrest after the incoming of the anti-slavery propaganda. By the
close of the slavery era in Kentucky there were eleven offenses for
which slaves should suffer death: (1) murder, (2) arson, (3) rape of a
white woman, (4) robbery, (5) burglary, (6) conspiracy, (7)
administering poison with intent to kill, (8) manslaughter, (9)
attempting to commit rape on a white woman, (10) shooting at a white
person with intent to kill, and (11) wounding a white person with
intent to kill. It will readily be seen that from a practical
standpoint these eleven offenses can be narrowed down to eight. The
severity of the slave code can be shown by comparison of the capital
crimes for white persons at the same time. These were four in number,
(1) murder, (2) carnal abuse of a female under ten years of age, (3)
wilful burning of the penitentiary and (4) being an accessory to the
fact.[297]
Virginia had early enacted that slaves should be considered as real
estate in the settlement of inheritances. But the growing tendency to
look upon the slaves in all things else as personal chattels led to
such legal and popular confusion that the Virginia assembly often
observed that they were "real estate in some respects, personal in
others, and both in others." Regardless of such legal complexity it
was not until 1793 that it was enacted that "all negro and mulatto
slaves in all courts of judicature shall be held and adjudged to be
personal estate."
In drawing up the slave code of 1798 Kentucky disregarded the legal
experience of Virginia and her more recent remedial legislation and
enacted that "all negro, mulatto or Indian slaves, in all courts of
judicature and other places within this commonwealth, shall be held,
taken and adjudged to be real estate, and shall descend to the heirs
and widows of persons departing this life, as lands are directed to
descend." It was further provided, however, that "all such slaves
shall be liable to the payment of debts, and may be taken by execution
for that end, as other chattels, or personal estate may be."[298]
Public-domain text, read in full here on John Shaqi.
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