Collective Outline for the Midterm

Collective Outline for the Midterm - Collective Outline for...

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Collective Outline for the Midterm Week 5: Slavery and Property (February 18) I. State v. Mann (Supreme Court of North Carolina, 1829) - Facts : The defendant was indicted for an assault and battery on his slave Lydia and cited that this treatment was consistent with the relationship between a master and a slave like one between parents and children, masters and apprentices, and tutors and scholars - Issue : Whether the cruel and unreasonable battery of a slave by a master is indictable - Decision : The power of the master must be absolute and the slave must be submissive based on the end of slavery: the profit of the master, his security, and the public safety * Therefore, judges should recognize the “full dominion of the owner over the slave” since it is essential to the value of slaves as property The case is relevant to the class and to the week’s topic because it recognizes that the relationship between master and slave is based solely upon the absolute dominion of master over slave in the form of property rights II. Worley v. State (Supreme Court of Tennessee, 1850) - Facts : Gabriel Worley feloniously, unlawfully, maliciously, and of his malice aforethought, struck and castrated his slave Josiah with a razor because the slave was turbulent, insolent, and ungovernable - Issue : Can the defendant be found guilty of a crime? - Decision : Since the defendant acted with preparation and committed the act willfully and deliberately, the act is criminal based on the provisions of the penal code (Act 1829, chapter 23, section 53) because a slave is to be regarded as a reasonable creature in being * Ultimately, a white person may be indicted and convicted under the penal code for murder, mayhem, or manslaughter committed upon the person of a slave The case is relevant to the class and to the week’s topic because as opposed to State v. Mann, the decision in this case recognizes that while a master may have absolute dominion over a slave, he is still not free to inflict cruel and unusual punishment when a penal code prohibits it
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Bryan V. Walton Lawsuit brought by Hugh Walton, a free person of color (who was the administrator of the estate of Joseph Nunez) to recover possession of certain salves. Joseph inherited slaves from father James and then in 1846, Joseph Nunez executed a deed, purporting to give salves to Alexander M. Urquhard. Urquhard sold he salves to the defendant. Lumpkin, J Can a free person of color in Georgia, dispose of slaves by deed of gift? The court and the counsel for the plaintiff occupy different positions. o Counsel of Mr. Bryan said that free persons of color in this State are entitled to all the rights and may exercise all the power and privileges of free white citizens, unless restricted by Statute.
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