The Problem of Slavery in Christian America: An Ethical-Judicial History of American Slavery and Racism

by Joel McDurmon

Anyone injuring or killing a slave was technically presumed guilty, but the guilt was expunged in the court process merely by denying it under oath. He could simply say in any case that the slave had resisted and he feared for his life; or, he was punishing the slave and the slave attacked him. Or he could say he approached a runaway who threatened him, or whatever. There could be a thousand scenarios made up, and each one would technically purge the complaint against him. His case then could only be rebutted upon the testimony of two white witnesses. Remember, blacks could not testify, and on a plantation where family members and white employees derived their livelihood from the master, who would risk speaking out unless they had clear proof, conviction, and willingness—if even then for a black slave, after all? Legal realities and double standards like these are the reason so few masters were ever prosecuted for killing slaves. The threat of death continually hung over the heads of black slaves, despite the law, while the prosecution was rarely ever a threat at all to whites who killed slaves.