United States -- History -- 1815-1861; United States -- Politics and government -- 1815-1861
The wilful killing of a slave by anyone, even the master, was
accounted murder, and extraordinary tribunals, without a jury, were
constituted for the protection of his person. The Code of 1705 even
contained regulations which indicated that the trend of thought and of
legislation, at that juncture, was toward attaching the slave to the
soil, which would have been a step upward in a course, which, if
consistently followed, would have made the slave a serf. But the still
prevailing rules, which allowed the slave to be seized and sold for
the debts of the master, and regulated the inheritance of slaves
according to the {46} law governing the descent of personal property,
seem to have completely neutralized that tendency before the middle of
the century had been reached.
[Sidenote: Public relations of the slave system.]
Naturally the private law accidents of the relation were first
developed and fixed, but very soon the rights and powers of the
community in regard to the institution began to claim attention. The
public peace and welfare must be safeguarded against the possible
conduct of the slave, on the one hand, and of the master, on the
other.
The legislation of Virginia set the example in these respects also.
That legislation provided that no slave should have, or carry arms, or
go outside of the plantation of his master without a pass from his
master, or lift his hand against a Christian; that a sheriff should
arrest a runaway slave on the warrant of two justices, and might
lawfully kill any slave who resisted arrest; and that no slave should
be emancipated without the consent of the Governor and Council.
On the other hand, it provided that the master should be responsible
for all damage done by his slave at any place where there was no
Christian overseer, and required that any master giving freedom to his
slave should pay the cost of his transportation out of the colony.
[Sidenote: The general object of the laws in respect to slaves.]
Such was substantially the law of negro slavery in all of the colonies
at the beginning of the decade before the Revolution. It was perhaps
more severe than this in South Carolina, and it was certainly less so
in Massachusetts.
The objects which it had in view were to secure the master's property
in the slave, to enable the master to hold the slave in obedience and
force him, if necessary, to labor, and to protect the public peace and
welfare against the abuse of the relation by the master, and against
the vicious nature of the slave.
{47} It does certainly appear that the century of law-making upon the
subject had not ameliorated the condition of the slave. We must
remember, however, that the first stages in the legalization of any
relation sometimes make the situation appear worse than what obtained
before the movement began, although it may not be worse in fact.
[Sidenote: Slavery and the Revolutionary ideas of the rights of man.]
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