laws outlining police and disciplinary powers
in North America was to entrust complete jurisdiction to the master. One
judge had laid down the law that the master's power must be absolute in
order to render slave obedience perfect, and, although the courts were
empowered to discipline slaves in certain situations, the masters
generally acted as judges, juries, and dispensers of punishments. In
those rare cases where the law did protect the slave against extreme
mistreatment, its protection was nullified by the universal proscription
against any slave or Black person testifying in court against any white.
The court also had assumed that it was irrational for a man to destroy
his own property, and, therefore, it was impossible for a master to
commit premeditated murder against one of his own slaves.
However, in South America the court exercised much more Jurisdiction over
the slave. Crimes comitted by a slave were prosecuted by the court, and,
if a slave was murdered, this case was prosecuted by the court as if the
victim had been a free man. The law also made a more concerted attempt
to protect the slave against mistreatment by his master. A certain type
of state lawyer was an official protector of the slaves; he received
regular reports on slave conditions from priests as well as from special
investigative officials who had been appointed by the state for this
purpose. Mistreatment could lead both to the freedom of the slave and to
the imprisoning of the master. The law had devised an ingenious system
whereby the fine was divided equally between the judge, the informer, and
the state treasury.
Finally, the slave in North America could not own property and had
absolutely no civil rights. The law clearly stated that he could neither
own, inherit, or will property nor engage in buying and selling except at
the pleasure of his master. In contrast, the slave in South America could
own property, could engage in buying and selling, and was guaranteed
Sundays, holidays, and other times which to work for his own advancement.
In short, the law implied that while the master could own a man's labor,
he could not own the man as a person.
It is not easy to make a final comparison between these two slave
systems. South American masters often evaded the law and would be
exceedingly brutal, and North American masters were often much more
lenient than the law required. Conditions moreover, were usually more
severe in South Ameri
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