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Was murdering a slave illegal in American slavery, and if so, what punishments were given for it?


What was the impetus for some African nations to participate in the slave trade?Was there a movement for “humane” slavery?What if a slave entered a state without slavery?What degree of choice did slaves have over their sexual autonomy?What portion of Northerners were against slavery for humanitarian reasons in 1860 America?What was the first civilization to ban slavery?Besides armed insurrection what other resistance was offered by American slaves?Was American slavery economically advantageous primarily due to being able to also sell offspring?In historical slave societies, what jobs were left over for poor free laborers?What was John Hippisley's worldview when he advocated for the slave trade?













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Was there any punishment for killing slaves, and what punishment was given for it, and was it enforced?










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    Was there any punishment for killing slaves, and what punishment was given for it, and was it enforced?










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      2












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      Was there any punishment for killing slaves, and what punishment was given for it, and was it enforced?










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      Was there any punishment for killing slaves, and what punishment was given for it, and was it enforced?







      united-states 19th-century 18th-century slavery






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      edited 2 hours ago







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          12














          Yes, murder of a slave was illegal in the antebellum South, and it was a capital offence.




          An example is the case of John Hoover of North Carolina. He was arrested on 28 March 1839 for the murder of one of his slaves named Mira. He was brought to trial on 12 September 1839 before a jury of his peers (i.e. 12 male slaveholders).
          At his trial, it was recorded that Hoover had declared that:




          “the negro was his own property and he had a right to do as he pleased with his property ...”




          Perhaps surprisingly, the jury disagreed. On Friday 13 September 1839, he was convicted on the charge of murder. An appeal was heard at the North Carolina Supreme Court in Raleigh which upheld the verdict.



          John Hoover was executed for murder in May 1840.




          Details of the case can be found in:



          Anthony V. Baker: “for the murder of his own female slave, a woman named Mira...” : Law, Slavery and Incoherence in Antebellum North Carolina




          Interestingly, Anthony V. Baker shows how the laws of North Carolina had changed over time. In particular, a 1774 statute which had criminalised the murder of a slave, but which had also ameliorated the punishment for such a murder, such that an offender would:




          “suffer twelve Months Imprisonment...” for the first offense and back to the more traditional punishment, “suffer[ing] Death, without benefit of Clergy....” for the second.





          However, how often these laws were enforced is a different question. Not only that, but the difficulty in obtaining a conviction should not be underestimated. This was illustrated in the relatively well-known case of Eliza Rowand, who was charged & acquitted of the murder of one of her slaves in 1847.




          For a wider view of the question, I'd recommend Andrew T. Fede's recent book: Homicide Justified: The Legality of Killing Slaves in the United States and the Atlantic World. This includes discussions around the issues raised by both of the cases mentioned above, and also includes an entire chapter dedicated to The Antebellum States' Law on Slave Homicide (Chapter 11).






          share|improve this answer




















          • 2





            Did the deliberate murder of a slave legally differ from working them until they died, or other forms of causing their deaths through deliberate negligence (e.g. denying health care)?

            – nick012000
            1 hour ago












          Your Answer








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          active

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          12














          Yes, murder of a slave was illegal in the antebellum South, and it was a capital offence.




          An example is the case of John Hoover of North Carolina. He was arrested on 28 March 1839 for the murder of one of his slaves named Mira. He was brought to trial on 12 September 1839 before a jury of his peers (i.e. 12 male slaveholders).
          At his trial, it was recorded that Hoover had declared that:




          “the negro was his own property and he had a right to do as he pleased with his property ...”




          Perhaps surprisingly, the jury disagreed. On Friday 13 September 1839, he was convicted on the charge of murder. An appeal was heard at the North Carolina Supreme Court in Raleigh which upheld the verdict.



          John Hoover was executed for murder in May 1840.




          Details of the case can be found in:



          Anthony V. Baker: “for the murder of his own female slave, a woman named Mira...” : Law, Slavery and Incoherence in Antebellum North Carolina




          Interestingly, Anthony V. Baker shows how the laws of North Carolina had changed over time. In particular, a 1774 statute which had criminalised the murder of a slave, but which had also ameliorated the punishment for such a murder, such that an offender would:




          “suffer twelve Months Imprisonment...” for the first offense and back to the more traditional punishment, “suffer[ing] Death, without benefit of Clergy....” for the second.





          However, how often these laws were enforced is a different question. Not only that, but the difficulty in obtaining a conviction should not be underestimated. This was illustrated in the relatively well-known case of Eliza Rowand, who was charged & acquitted of the murder of one of her slaves in 1847.




          For a wider view of the question, I'd recommend Andrew T. Fede's recent book: Homicide Justified: The Legality of Killing Slaves in the United States and the Atlantic World. This includes discussions around the issues raised by both of the cases mentioned above, and also includes an entire chapter dedicated to The Antebellum States' Law on Slave Homicide (Chapter 11).






          share|improve this answer




















          • 2





            Did the deliberate murder of a slave legally differ from working them until they died, or other forms of causing their deaths through deliberate negligence (e.g. denying health care)?

            – nick012000
            1 hour ago
















          12














          Yes, murder of a slave was illegal in the antebellum South, and it was a capital offence.




          An example is the case of John Hoover of North Carolina. He was arrested on 28 March 1839 for the murder of one of his slaves named Mira. He was brought to trial on 12 September 1839 before a jury of his peers (i.e. 12 male slaveholders).
          At his trial, it was recorded that Hoover had declared that:




          “the negro was his own property and he had a right to do as he pleased with his property ...”




          Perhaps surprisingly, the jury disagreed. On Friday 13 September 1839, he was convicted on the charge of murder. An appeal was heard at the North Carolina Supreme Court in Raleigh which upheld the verdict.



          John Hoover was executed for murder in May 1840.




          Details of the case can be found in:



          Anthony V. Baker: “for the murder of his own female slave, a woman named Mira...” : Law, Slavery and Incoherence in Antebellum North Carolina




          Interestingly, Anthony V. Baker shows how the laws of North Carolina had changed over time. In particular, a 1774 statute which had criminalised the murder of a slave, but which had also ameliorated the punishment for such a murder, such that an offender would:




          “suffer twelve Months Imprisonment...” for the first offense and back to the more traditional punishment, “suffer[ing] Death, without benefit of Clergy....” for the second.





          However, how often these laws were enforced is a different question. Not only that, but the difficulty in obtaining a conviction should not be underestimated. This was illustrated in the relatively well-known case of Eliza Rowand, who was charged & acquitted of the murder of one of her slaves in 1847.




          For a wider view of the question, I'd recommend Andrew T. Fede's recent book: Homicide Justified: The Legality of Killing Slaves in the United States and the Atlantic World. This includes discussions around the issues raised by both of the cases mentioned above, and also includes an entire chapter dedicated to The Antebellum States' Law on Slave Homicide (Chapter 11).






          share|improve this answer




















          • 2





            Did the deliberate murder of a slave legally differ from working them until they died, or other forms of causing their deaths through deliberate negligence (e.g. denying health care)?

            – nick012000
            1 hour ago














          12












          12








          12







          Yes, murder of a slave was illegal in the antebellum South, and it was a capital offence.




          An example is the case of John Hoover of North Carolina. He was arrested on 28 March 1839 for the murder of one of his slaves named Mira. He was brought to trial on 12 September 1839 before a jury of his peers (i.e. 12 male slaveholders).
          At his trial, it was recorded that Hoover had declared that:




          “the negro was his own property and he had a right to do as he pleased with his property ...”




          Perhaps surprisingly, the jury disagreed. On Friday 13 September 1839, he was convicted on the charge of murder. An appeal was heard at the North Carolina Supreme Court in Raleigh which upheld the verdict.



          John Hoover was executed for murder in May 1840.




          Details of the case can be found in:



          Anthony V. Baker: “for the murder of his own female slave, a woman named Mira...” : Law, Slavery and Incoherence in Antebellum North Carolina




          Interestingly, Anthony V. Baker shows how the laws of North Carolina had changed over time. In particular, a 1774 statute which had criminalised the murder of a slave, but which had also ameliorated the punishment for such a murder, such that an offender would:




          “suffer twelve Months Imprisonment...” for the first offense and back to the more traditional punishment, “suffer[ing] Death, without benefit of Clergy....” for the second.





          However, how often these laws were enforced is a different question. Not only that, but the difficulty in obtaining a conviction should not be underestimated. This was illustrated in the relatively well-known case of Eliza Rowand, who was charged & acquitted of the murder of one of her slaves in 1847.




          For a wider view of the question, I'd recommend Andrew T. Fede's recent book: Homicide Justified: The Legality of Killing Slaves in the United States and the Atlantic World. This includes discussions around the issues raised by both of the cases mentioned above, and also includes an entire chapter dedicated to The Antebellum States' Law on Slave Homicide (Chapter 11).






          share|improve this answer















          Yes, murder of a slave was illegal in the antebellum South, and it was a capital offence.




          An example is the case of John Hoover of North Carolina. He was arrested on 28 March 1839 for the murder of one of his slaves named Mira. He was brought to trial on 12 September 1839 before a jury of his peers (i.e. 12 male slaveholders).
          At his trial, it was recorded that Hoover had declared that:




          “the negro was his own property and he had a right to do as he pleased with his property ...”




          Perhaps surprisingly, the jury disagreed. On Friday 13 September 1839, he was convicted on the charge of murder. An appeal was heard at the North Carolina Supreme Court in Raleigh which upheld the verdict.



          John Hoover was executed for murder in May 1840.




          Details of the case can be found in:



          Anthony V. Baker: “for the murder of his own female slave, a woman named Mira...” : Law, Slavery and Incoherence in Antebellum North Carolina




          Interestingly, Anthony V. Baker shows how the laws of North Carolina had changed over time. In particular, a 1774 statute which had criminalised the murder of a slave, but which had also ameliorated the punishment for such a murder, such that an offender would:




          “suffer twelve Months Imprisonment...” for the first offense and back to the more traditional punishment, “suffer[ing] Death, without benefit of Clergy....” for the second.





          However, how often these laws were enforced is a different question. Not only that, but the difficulty in obtaining a conviction should not be underestimated. This was illustrated in the relatively well-known case of Eliza Rowand, who was charged & acquitted of the murder of one of her slaves in 1847.




          For a wider view of the question, I'd recommend Andrew T. Fede's recent book: Homicide Justified: The Legality of Killing Slaves in the United States and the Atlantic World. This includes discussions around the issues raised by both of the cases mentioned above, and also includes an entire chapter dedicated to The Antebellum States' Law on Slave Homicide (Chapter 11).







          share|improve this answer














          share|improve this answer



          share|improve this answer








          edited 3 hours ago

























          answered 4 hours ago









          sempaiscubasempaiscuba

          58.5k7206267




          58.5k7206267







          • 2





            Did the deliberate murder of a slave legally differ from working them until they died, or other forms of causing their deaths through deliberate negligence (e.g. denying health care)?

            – nick012000
            1 hour ago













          • 2





            Did the deliberate murder of a slave legally differ from working them until they died, or other forms of causing their deaths through deliberate negligence (e.g. denying health care)?

            – nick012000
            1 hour ago








          2




          2





          Did the deliberate murder of a slave legally differ from working them until they died, or other forms of causing their deaths through deliberate negligence (e.g. denying health care)?

          – nick012000
          1 hour ago






          Did the deliberate murder of a slave legally differ from working them until they died, or other forms of causing their deaths through deliberate negligence (e.g. denying health care)?

          – nick012000
          1 hour ago


















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