r that you tell a lie, and give false testimony in this
matter, you must, for so doing, receive thirty-nine lashes on your
bare back, well laid on, at the common whipping post."[292]

Section 22 of the law of 1798 provided that the master or owner of any
slave might appear in court at a trial of his servant and "make what
just defense he can for such slave." The only restriction was that
such defense should not interfere with the form of the trial.
Naturally the liberally disposed slaveholders interpreted this to mean
that they could employ counsel to defend their Negroes and it remained
a disputed question down to 1806, when the legislature made the
provisions more specific. By this new law it was provided that it was
not only the privilege but the duty of the owner of a slave who was
being prosecuted to employ an attorney to defend him. The owner
neglecting to do so the court must assign counsel to defend the slave
and the costs thereby incurred were to be charged to the owner. The
fee for defense was not to exceed $200 and if not forthcoming the
court was empowered to recover the amount in the manner of any other
debt of similar amount. It was plainly the intention of the
legislature to provide a just trial for any slave, for they even went
so far as to enact that the lawyer appointed by the court for the
prisoner should "defend such slave as in cases of free persons
prosecuted for felony by the laws of this state."[293]

When the slave was convicted of an offense which was punishable by
death but which was within the benefit of clergy the capital penalty
was not pronounced, but the offender was burnt in the hand or
inflicted with any other corporal penalty at the discretion of the
court. Should the criminal be sentenced to suffer death, thirty days
were to elapse before the execution, except where it was a case of
conspiracy, insurrection or rebellion. When the court had decided to
sentence the slave to the death penalty a valuation of the Negro was
made. This statement was to be turned over to the State auditor of
public accounts who was required to issue a warrant on the treasury
for the amount in favor of the owner of the convicted party. The owner
on his part was to turn over to the treasurer the certificate of the
clerk of the court showing that the slave had been condemned and the
statement of the sheriff that the offender had been executed or had
died before execution.[294]

This matter of the payment to t