These
lower courts for the trial of slave crimes had vices in plenty. They were
informal and largely ignorant of the law, and they were so quickly convened
after the discovery of a crime that the shock of the deed had no time to
wane. Such virtues as they sometimes had lay merely in their personnel.
The slaveholders of the vicinage who commonly comprised the court were
intimately and more or less tolerantly acquainted with negro nature in
general, and usually doubtless with the prisoner on trial. Their judgment
was therefore likely to be that of informed and interested neighbors, not
of jurors carefully selected for ignorance and indifference, a judgment
guided more by homely common sense than by the particularities of the law.
Their task was difficult, as anyone acquainted with the rambling, mumbling,
confused and baffling character of plantation negro testimony will easily
believe; and the convictions and acquittals were of course oftentimes
erroneous. The remodeling of the system was one of the reforms called for
by Southerners of the time but never accomplished. Mistaken acquittals by
these courts were beyond correction, for in the South slaves like freemen
could not be twice put in jeopardy for the same offense.
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