6. _Witness_: The slave was permitted to be a witness in the trial of
other slaves, free negroes, and mulattoes.[41] He was not permitted to
give testimony in court in a case to which a white man was a party.[42]
His paganism was a partial basis for denying him this privilege.[43] His
moral depravity and social prejudice were, undoubtedly, the main forces
in making this restriction a universal law of slavery.
The slave was cautioned against false swearing because he generally had
little regard for his word. If he was convicted of false swearing, one
ear was nailed to the pillory for one hour and then cut off. The other
ear was treated in the same way; and to complete this inhuman punishment,
the slave was given thirty-nine lashes on his back.[44]
7. _Manumission_: Manumission was the door of escape from slavery that
was constantly open to the slave. At common law, a master could free
his slaves on the basis of any agreement that he might make with them.
The owner of a slave could dispose of him like any other piece of
property. The spirit of manumission was so promoted by the churches and
by the doctrine of natural rights of the American Revolution that the
State, in self defense, placed a limitation on the common law method of
manumission.[45] After 1777, slaves could be freed only on a basis of
meritorious service, of which the county court was the judge.[46] Slaves
freed by any other method could be resold into slavery by the court.
The “pernicious practice” of manumitting slaves at common law
continued,[47] and the county court began to resell such negroes into
slavery. The power of the court to give valid title in such sales was
doubted, and the legislature was forced by special act to guarantee the
validity of the sale of illegally liberated slaves, made by the county
courts.[48] The preamble to this measure states that “many negroes are
now going at large, to the terror of the good people of this state.”[49]
This law was weak in that the power of apprehending illegally liberated
slaves was optional in freeholders only. In 1788, the state gave any
freeman the power to inform a justice of the peace of any such slave, and
required such justice to issue to the sheriff a warrant for the arrest
of the slave.[50] This legislation indicates a growth of the manumission
movement in the face of legal restrictions, and, also, registers a
protest against the conservative forces of society.
8. _Suffrage_: It does not appear that the slave ever possessed the
right of suffrage. The free negro, however, voted throughout the period
of colonial history in North Carolina. The Declaration of Rights of
North Carolina, adopted December 17, 1776, gave the franchise to “all
freemen.”[51] The Constitution of the State, adopted the next day, gave
the franchise to “all freemen” with certain qualifications as to age,
residence, property, and taxes.[52] This constitution remained in force
until 1835, during which time the free negro voted in North Carolina.
Public-domain text, read in full here on John Shaqi.
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