Generally
no consent by the slave was required in manumission, though in some
commonwealths he might lawfully reject freedom in the form bestowed.[16]
Masters might vest powers of agency in their slaves, but when so doing the
masters themselves became liable for any injuries or derelictions ensuing.
In criminal prosecutions, on the other hand, slaves were considered as
responsible persons on their own score and punishable under the laws
applicable to them. Where a crime was committed at the master's express
command, the master was liable and in some cases the slave also. Slave
offenders were commonly tried summarily by special inferior courts, though
for serious crimes in some states by the superior courts by regular
process. Since the slaves commonly had no funds with which to pay fines,
and no liberty of which to be deprived, the penalties imposed upon them
for crimes and misdemeanors were usually death, deportation or lashes.
Frequently in Louisiana, however, and more seldom elsewhere, convicted
slaves were given prison sentences. By the intent of the law their
punishments were generally more severe than those applied to white persons
for the same offenses.
Pages:
871
872
873
874
875
876
877
878
879
880
881
882
883
884
885
886
887
888
889
890
891
892
893
894
895