;
anything herein before contained to the contrary, in any
wise, notwithstanding.
"L. And to the end such negro, mulatto or Indian, bond or
free, not being christians, as shall hereafter be produced
as an evidence on the trial of any slave or slaves, for
capital or other crimes, may be under the greater obligation
to declare the truth; _Be it further enacted_, There where
any such negro, mulatto or Indian, bond or free, shall, upon
due proof made, or pregnant circumstances, appearing before
any county court within this government, be found to have
given a false testimony, every such offender shall, without
further trial, be ordered, by the said court, to have one
ear nailed to the pillory, and there stand for the space of
one hour, and the said ear to be cut off, and thereafter the
other ear nailed in like manner, and cut off, at the
expiration of one other hour: and moreover, to order every
such offender thirty-nine lashes, well laid on, on his or
her bare back, at the common whipping post.
"LI. _And be it further enacted by the authority aforesaid_,
That at every such trial of slaves committing capital or
other offences, the first person in commission sitting on
such trial, shall, before the examination of every negro,
mulatto or Indian, not being a christian, charge such to
declare the truth.
"LII. _Provided always, and it is hereby intended_, That the
master, owner or overseer of any slave, to be arraigned and
tried by virtue of this act, may appear at the trial, and
make what just defence he can for such slave or slave; so
that such defence do not relate to any formality in the
proceeding on the trial."[501]
The manner of conducting the trials of Negroes charged with felony or
misdemeanor was rather peculiar. Upon one or more white persons'
testimony, or the evidence of Negroes and Indians, bond or free, the
unfortunate defendant, "without the solemnity of a jury," before three
justices and four freeholders, could be hurried through a trial,
convicted, sentenced to die a dreadful death, and then be executed
without the officiating presence of a minister of the gospel.
The unprecedented discretion allowed to masters in the government led
to the most tragic results. Men were not only reckless of the lives of
their own slaves, but violent toward those belong
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