b. _For Negligence of the Slave Resulting in Injury to Others._ The
master was not liable for the negligence of his slaves in the performance
of unauthorized acts, but was responsible for the faithful performance
of their duties when they were acting as tradesmen or carriers under his
authority.
c. _For Torts and Crimes Committed by Slaves._ The master was responsible
for damage done by slaves carrying guns with his permission.[54] He
was subject to indictment and fine at the discretion of the court for
permitting a slave to practice medicine or heal the sick.[55] He was
liable for at least a fifty-dollar fine for permitting his slave to sell
spiritous liquors.[56] He was held responsible for the slave’s acts even
if a state of inchoate freedom existed. “The master,” said Judge Green,
“by failing to petition the county court and give bond according to law,
remains liable to all the penalties of the law as though he had never
consented to his freedom. In view of the law, the negro is not a freeman
until the State, through the proper tribunal, consents to his freedom.
“Until that is done the master may be indicted for permitting him to act
as a freeman, and is liable to all the other consequences that would have
existed if he had not consented to the defendant’s freedom.”[57]
B. _Liabilities of Society to the Master for Abusing His Slave._
1. _For Beating or Harboring Him._ It was a criminal offense for anyone
to abuse wantonly the slave of another. Any such person was subject to
indictment in the circuit court, under the same rules and subject to
the same penalties as if the offense had been committed against a white
person.[58] Enticing a slave to absent himself from his owner subjected
one to a forfeiture of fifty dollars to be recovered as an action of debt
by the owner of the slave. It was a fine of one hundred pounds to harbor
a slave and cause a loss of service to the master.[59] If a master of a
vessel entertained on board a slave without a permit from the owner or a
justice of the Peace, he was liable to a fine of $12.50 for the first
offense, and $25 for each succeeding offense.[60] It was finally made
a penitentiary offense to harbor a slave with intent to steal him or
carry him beyond the borders of the state.[61] Also, one was subject to
imprisonment for a term of not less than three nor more than ten years
for deliberately harboring a runaway.[62]
Public-domain text, read in full here on John Shaqi.
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