ecent. At the present date (1827) I am happy to say
the wilful, malicious, deliberate murder of a slave, by whomsoever
perpetrated, is _declared_ to be punishable with death in every State.
The evil is not that the laws _sanction_ crime, but that they do not
_punish_ it. And this arises chiefly, if not solely, from the exclusion
of the testimony, on the trial of a white person, of all those who are
_not_ white."
"The conflicting influences of humanity and prejudice are strangely
contrasted in the law of North Carolina on this subject. An act passed
in 1798, runs thus: 'Whereas by another act of assembly, passed in
the year 1774, the killing of a slave, however wanton, cruel, and
deliberate, is only punishable in the first instance by imprisonment,
and paying the value thereof to the owner, which distinction of
criminality between the murder of a white person and one _who is equally
a human creature, but merely of a different complexion_, is disgraceful
to humanity, and degrading in the highest degree to the laws and
principles of a free Christian, and enlightened country, be it enacted,
&c., that if any person shall hereafter be guilty of wilfully and
maliciously killing a slave, such offender shall, upon the first
conviction thereof, be adjudged guilty of murder, and shall suffer the
same punishment as if he had killed a free man; _Provided always, this
act shall not extend to the person killing a slave outlawed by virtue
of any act of assembly of this State, or to any slave in the act of
resistance[N] to his lawful owner or master, or to any slave_ DYING
_under_ MODERATE CORRECTION.'"
[Footnote N: "It has been judicially determined that it is _justifiable_
to kill a slave, resisting, or _offering to resist_ his master by
force."--_Stroud._]
In the laws of Tennessee and Georgia, there is a similar proviso. Where
could such a monstrous anomaly be found, save in a code of slave laws?
_Die_ of _moderate_ punishment!! Truly, this _is_ an unveiling of
consciences!
"To set the matter in its proper light, it may be added that a
proclamation, of _outlawry_[O] against a slave is authorized, whenever
he runs away from his master, conceals himself in some obscure retreat,
and to sustain life, kills a _hog_, or some animal of the cattle kind!
[Footnote O: "The outlawry of a slave is not, I believe, an unusual
occurrence. Very recently, a particular account was given of the killing
of a black man, _not charged with any o
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