Ch. 5.5. Primary Source: The North Carolina Slave Homicide Act, 1791

Whereas by another act of 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 of one who is equally an 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:

 

That if any person shall hereafter be guilty of willfully 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, any law, usage, or custom to the contrary notwithstanding.

 

Provided always that this act shall not extend to any 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 owner or master, or to any slave dying under moderate correction.

 

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American Legal History to the 1860s Copyright © 2020 by Richard Keyser. All Rights Reserved.

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