George v. State
Mississippi Supreme Court
Error to Marshall circuit court. Henry, J. The plaintiff in error was indicted in the court below for a rape on a female slave. His counsel moved the court to quash the indictment, which was overruled. He then pleaded not guilty, and was convicted and sentenced to be hung. The crime of rape does not exist in this state between African slaves. Our laws recognize no marital rights as between slaves; their sexual intercourse is left to be regulated by their owners.
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Error to Marshall circuit court. Henry, J. The plaintiff in error was indicted in the court below for a rape on a female slave. His counsel moved the court to quash the indictment, which was overruled. He then pleaded not guilty, and was convicted and sentenced to be hung. The crime of rape does not exist in this state between African slaves. Our laws recognize no marital rights as between slaves; their sexual intercourse is left to be regulated by their owners. The regulations of law as to the white race, on the subject of sexual intercourse, do not and can not, for obvious reasons, apply to…
1Opinion of the Court
Harris, J.:
The only point presented by this record is whether the carnal knowledge of a female slave under ten years of age, by a negro man slave, is a capital offense under the laws of this state.
Of the three great absolute rights guaranteed to every citizen by the common law, viz., the right of personal security,-the right of personal liberty, and the right of private property, the slave, in a state of pure slavery, is absolutely deprived, being, as to these, under the dominion of his master, so that infringements of these rights, even by third persons, could be remedied and punished only…
2Cases cited2 opinions
- Wash v. StateMississippi Supreme Court · 1872
- Minor v. StateMississippi Supreme Court · 1872