The national era. [volume] (Washington [D.C.]) 1847-1860, 1853-10-27

SuultNb W u AfCI ohu u hN cNNS'"
slave to hire himself out, the latter may be
sold, and twenty-five per cent. OF the price be
applied to the use Of the county. Negroes and
mulattoes, whether slaves or not, are incapable
of being witnesses, but against or between ne
groes and mulattoes they are not permitted TO
intermarry with any white person; yet no pun
ishment is annexed to the offence in the slave;
nor is the marriage void; but the white person
contracting the marriage and the clergyman
by whom it is celebrated, are liable to fine and
Imprisonment; and this is probably the only
instance in which our laws will be found more
favorable to q negro than white person.
These provisions though introduced into our
code at different periods, were all re-enacted in
1892, (46.)
From this melancholy review it will appear
that not only the right of property and the
right of personal liberty but even the right of
personal security, has been, at times, either
wholly annihilated, or reduced to q shadow;
and even in these days the protection OF the
latter seems to be confined to very few cases.
Many actions, Indifferent in themselves, being
permitted by the law of nature to all mankind,
and by the laws of society to all free persons,
are either rendered highly criminal in a slave,
| or subject him to some kind of punishment or
restraint Nor is it in this respect only that
his condition is rendered thus deplorable by
! law The measure of punishment for the same
offence is often, and the manner of trial and
conviction is always, different in the case OF O
slave and IL free man. If the latter be accused
of any crime he is entitled to an examination
! before the court Of the county where the Of
fence is alleged to have been committed whose
decision, if in his favor, is held to be a legal
and final acquittal; but it is not final If against
him; for, after this both grand jury and a
petit jury of the county must successfully pro-
n0nce him guilty-the former by the concur
rent voices of twelve ut least Of their body,
and the latter by their unanimous verdict upon
oath. He may take exception 10 the proceed
lng5 against him, by motion in arrest OF
judgment; and in this case, or If there be
special verdict the same unanmlty between
his judges as between his jurors is necessary 10
his condemnation. The title OF an act occurs,
which passed in the year l705, an for the
speedy and easy prosecution of slaves commit
ting capital crimes. In 1923, (iS) the Governor
was authorized, whenever any slave was COM
mitted for any capital offence, to issue special
commission of oyer and terminer, to such per-
sons as he Sh0utd think ft-the number being
left to his discretion-who should thereupOn
proceed to the trial of such slave, taking for
evidence the confession of the defendant, the
oath of one or more credible witnesses, or such
testimony of negroes, mulattoes, or Indians,
bond or free with pregnant circumstances, as
to them should seem convincing, without the
solemnity Of a jury. No exception, formerly,
could be taken TO the proceedings on the trial
OF slave, (4g) but that proviso is omitted in
tho act of 1872 and the justices moreover seem |
bound to allow him counsel for his defence, |
whose fee shall DO paid by his master, $50 In
case of conviction execution Of the sentence
was probably very speedily performed since
the act of l74S provides that thereafter it
should not be performed n less than ten days,
except in cases of Instruction or rebellion; and
further, that if the court be divided in opinion,
the accused should be acquitted. In 1864, an
act passed, authorizing general instead of
special commissioners Of oyer and terminer,
(5l) constituting ali the justices of any county
Judges for the trial of slaves committing CAPT
tai offences within their respective counties
any four of whom, one being of the quorum,
should constitute court for that purpose. In
1872, one step further was made in favor of
by an act declaring that no slave
should thereafter be condemned to die, unless
four Of the court should concur in opinion of
hi1 guilt (52) The act of 1886, O. So, confirm
81 by that OF 1892, constitutes the justices of
overy county and corporation justices of oyer
md terminer for the trial of slaves; (53 re-
lures fUe Justices, at least, to constitute q
court, and unGn,m,ty in the court for his con-
1emnatiOn allows HIM counsel for his defence,
to be paid by his owner, and, apprehend ad-
nits him to object to the proceedings against
him; and finally enlarges the time of execution
to thirty days, instead of ten, Except in cases
Of conspiracy, insurrection or rebellion,) and
extends the benefit OF clergy to him in all cases
where any other person should have the benefit
thereof, except in the cases before mentioned.
1851 Spayan's Puff Vol. /, c. H.
ga 1905 c. 40. 1923, c 4. l748 C. 81.
(2S) In December term 1873, John Huston
was tried in tho general court for the murder of u
layc tho jury found him guilty of msnslaughter
md tho court, upon motion in arrest Of Judgment
discharged him without any punishment. The Cen
,ral Assembly being then sitting, some Of the NOM
Ders of the count mentioned the case to somo leading
characters in the Legislature and tho act at the
same session repealed.
co. 1888, c. 80
800 1872, c. \.
(3l) 1880, C. 10.
(32) l7O5, c. 40.
(33) 1928 c. (. l74S, c. 81
(3i) 1869, C. 49,
49, l772, O. Q.
(36D Edition 1894, c. 1903.
t31) 1850, c. 10. 1908.
(3SD 1923, c. 4.
(39) 1905, Q. 40. 1928, o. A. Nls, o. 81 1853,
. 3 1855 c. II.
40) 1853, CO
(ll) Edition 1894, C. 1903, 1874
l2) Edition l704, c. 1903
(i3) l74S, C. 81. 1894, d. 1903
(44) 1888, c. II. 1894, C. 1903.
45) 1869 c. 10. May, 1882 ~ E9A IBID
i6) Edition l794, C. 1903.
A7D 1905, c. IL.
49, 1873, Q. 4.
(t9J l7iS, c. 81.
(j0) Edition 1894, Q. 1903
(5l) 1894, CO
t52) 1872, c. ..
(53) Edition l79l, c. 1903.
TO BE CONTINUED.