a law making imprisonment the penalty for the
wilful and malicious murder of a slave. About
twenty years after the revolution, the state found
itself becoming ‘odious,’ as the spirit
of abolition was pervading the nations. The legislature,
perceiving that Christendom would before long rank
them with barbarians if they so cheapened human life,
repealed the law, candidly assigning in the preamble
of the new one the reason for repealing the old—that
it was ‘DISGRACEFUL’ and ’DEGRADING!
As this preamble expressly recognizes the slave as
‘a human creature,’ and as it is couched
in a phraseology which indicates some sense of justice,
we would gladly give the legislature credit for sincerity,
and believe them really touched with humane movings
towards the slave, were it not for a proviso in the
law clearly revealing that the show of humanity and
regard for their rights, indicated by the words, is
nothing more than a hollow pretence—hypocritical
flourish to produce an impression favorable to their
justice and magnanimity. After declaring that
he who is ’guilty of wilfully and maliciously
killing a slave, shall suffer the same punishment
as if he had killed a freeman;’ the act concludes
thus: ’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 to his lawful
overseer, or master, or to any slave dying under moderate
correction.’ Reader, look at this proviso.
1. It gives free license to all persons to kill
outlawed slaves. Well, what is an outlawed
slave? A slave who runs away, lurks in swamps,
&c., and kills a hog or any other domestic
animal to keep himself from starving, is subject to
a proclamation of outlawry; (Haywood’s
Manual, 521,) and then whoever finds him may shoot
him, tear him in pieces with dogs, burn him to death
over a slow fire, or kill him by any other tortures.
2. The proviso grants full license to a master
to kill his slave, if the slave resist him.
The North Carolina Bench has decided that this law
contemplates not only actual resistance to punishment,
&c., but also offering to resist. (Stroud’s
Sketch, 37.) If, for example, a slave undergoing the
process of branding should resist by pushing aside
the burning stamp; or if wrought up to frenzy by the
torture of the lash, he should catch and hold it fast;
or if he break loose from his master and run, refusing
to stop at his command; or if he refuse to be
flogged; or struggle to keep his clothes on while his
master is trying to strip him; if, in these, or any
one of a hundred other ways he resist, or offer,
or threaten to resist the infliction; or, if
the master attempt the violation of the slave’s
wife, and the husband resist his attempts without
the least effort to injure him, but merely to shield
his wife from his assaults, this law does not merely
permit, but it authorizes the master to murder
the slave on the spot.