North Carolina v. Mann
Encyclopedia
North Carolina v. Mann, 13 N.C. 263
(N.C. 1830) (or State v. Mann, as it would have been identified within North Carolina
), is a decision in which the Supreme Court of North Carolina ruled that slaveowners
had absolute authority over their slaves and could not be found guilty of committing violence against them.
, who owned a slave named Lydia, hired her out for a year to John Mann
of Chowan County
. Mann shot and wounded Lydia when she struggled to escape a whipping. Mann was found guilty of battery
by a jury of twelve white men drawn from his community and the court (Superior Court Judge Joseph J. Daniel
) imposed a five dollar fine. The North Carolina Supreme Court overruled the conviction on the grounds that slaves were the absolute property of their owners who could not be punished at common law
unless the legislature authorized such punishment.
, who stated that "the power of the master must be absolute, to render the submission of the slave perfect", but noted that slaves did have legal right of protection from persons other than their owners. Ruffin, however, made it clear that his opinion was a legal one, and that his sympathy lay with Lydia. He wrote that "the struggle, too, in the Judge's own breast between the feelings of the man, and the duty of the magistrate is a severe one, presenting strong temptation to put aside such questions, if it be possible. It is useless however, to complain of things inherent in our political state. And it is criminal in a court to avoid any responsibility which the laws impose." Harriet Beecher Stowe
cited State v. Mann as a source for her depiction of slavery in her novel Dred
.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(N.C. 1830) (or State v. Mann, as it would have been identified within North Carolina
North Carolina
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...
), is a decision in which the Supreme Court of North Carolina ruled that slaveowners
Slavery
Slavery is a system under which people are treated as property to be bought and sold, and are forced to work. Slaves can be held against their will from the time of their capture, purchase or birth, and deprived of the right to leave, to refuse to work, or to demand compensation...
had absolute authority over their slaves and could not be found guilty of committing violence against them.
Background
In 1829, Elizabeth JonesElizabeth Jones
Elizabeth Jones was the eleventh Chief Engraver of the United States Mint, holding this position from 1981 until her resignation in 1991...
, who owned a slave named Lydia, hired her out for a year to John Mann
John Mann
John Mann may refer to:* John Mann , British actor* John Mann * John Mann , farmer and author from New Brunswick, Canada* John Mann , English cricketer...
of Chowan County
Chowan County, North Carolina
- Law and government :Chowan County is a member of the Albemarle Commission regional council of government-Demographics:As of the census of 2010, there were 14,793 people, 5,580 households, and 4,006 families residing in the county. The population density was 84 people per square mile . There...
. Mann shot and wounded Lydia when she struggled to escape a whipping. Mann was found guilty of battery
Battery (crime)
Battery is a criminal offense involving unlawful physical contact, distinct from assault which is the fear of such contact.In the United States, criminal battery, or simply battery, is the use of force against another, resulting in harmful or offensive contact...
by a jury of twelve white men drawn from his community and the court (Superior Court Judge Joseph J. Daniel
Joseph J. Daniel
Joseph J. Daniel was a North Carolina jurist. He was a cousin of John R. J. Daniel.Born in Halifax County, North Carolina, Daniel studied law under William R. Davie. He became a respected lawyer and was elected to represent Halifax in the North Carolina House of Commons in 1807, 1811, 1812, and 1815...
) imposed a five dollar fine. The North Carolina Supreme Court overruled the conviction on the grounds that slaves were the absolute property of their owners who could not be punished at common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
unless the legislature authorized such punishment.
Decision
The judgment of the state supreme court was written by Judge Thomas RuffinThomas Ruffin
Thomas Ruffin was an American jurist and Justice of the North Carolina Supreme Court from 1829 to 1852 and again from 1858 to 1859. He was Chief Justice of that Court from 1833 to 1852.-Biography:...
, who stated that "the power of the master must be absolute, to render the submission of the slave perfect", but noted that slaves did have legal right of protection from persons other than their owners. Ruffin, however, made it clear that his opinion was a legal one, and that his sympathy lay with Lydia. He wrote that "the struggle, too, in the Judge's own breast between the feelings of the man, and the duty of the magistrate is a severe one, presenting strong temptation to put aside such questions, if it be possible. It is useless however, to complain of things inherent in our political state. And it is criminal in a court to avoid any responsibility which the laws impose." Harriet Beecher Stowe
Harriet Beecher Stowe
Harriet Beecher Stowe was an American abolitionist and author. Her novel Uncle Tom's Cabin was a depiction of life for African-Americans under slavery; it reached millions as a novel and play, and became influential in the United States and United Kingdom...
cited State v. Mann as a source for her depiction of slavery in her novel Dred
Dred: A Tale of the Great Dismal Swamp
Dred: A Tale of the Great Dismal Swamp is the second novel from American author Harriet Beecher Stowe. It was first published in two volumes by Phillips, Sampson and Company in 1856. Although it enjoyed better initial sales than her previous, and more famous, novel Uncle Tom's Cabin, it was...
.