3. _Possession of Property_: Slaves at first were permitted, not by
law but by custom, to own horses, hogs, cattle, sheep, poultry and
to cultivate small areas for their own use. They frequently acquired
sufficient property to buy themselves. They were protected from
professional traders by law.[29] It soon developed, however, that this
privilege increased their disposition to steal, and multiplied their
opportunities of contact with outsiders. The accessibility of plantations
by means of creeks, bays, and rivers stimulated illicit trade. This
situation finally caused them to be prohibited by law from owning
property.[30]
4. _Protection_: The Locke Constitution of 1669 for the Carolinas stated
that “Every freeman of Carolina shall have absolute power and authority
over his slaves, of what opinion or religion soever.”[31] This was done
to counteract the theory that a Christian could not be a slave. This
established the government of the master over the slave. The master
became the agent of the government in the control of his slaves, and it
became the government’s duty to see that its agents dealt humanely with
the slaves. The governors of North Carolina tried in vain to secure the
passage of laws that would offer the proper protection to slaves.[32]
In 1754, Governor Dobbs made an unsuccessful effort to accomplish this
result.[33] In 1773, William Hooper secured the passage of a bill to
prevent the wilful and malicious killing of slaves, but the Governor
vetoed it because “it was inconsistent with His Majesty’s instruction to
pass it, as it does not reserve the fines imposed by it pursuant to their
instruction.”[34] In 1774 it was made a criminal offense to be guilty of
willingly and maliciously killing a slave. The penalty for first offense
was twelve months’ imprisonment, and death without benefit of clergy for
the second offense.[35]
5. _Trial of Slaves_: A special court was established for the trial of
slaves. In 1741, a court of two or more justices of the peace and four
freeholders, who were slaveholders, was empowered to try all manner
of crimes and offenses committed by slaves.[36] Negroes, mulattoes,
and Indians, bond or free, could be witnesses. The chairman of the
court always charged the witness before the examination to tell the
truth.[37] The master of the slave could appear at his trial and defend
him before the court.[38] In 1783, a single justice was constituted a
court for the trial of non-capital offenses.[39] For capital offenses,
four slaveholders remained a part of the court as provided by the Act of
1741. This difference in the mode of the trial of the two classes of
offenses is evidently due to economic influences.
Since this court was not one of the regular courts, it sat at any time
and thus prevented the master from suffering excessive loss of the
slave’s time between terms of court. This court had rather free procedure
and broad jurisdiction.[40]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account