{
  "id": 11277248,
  "name": "State v. Hale",
  "name_abbreviation": "State v. Hale",
  "decision_date": "1823-12",
  "docket_number": "",
  "first_page": "582",
  "last_page": "587",
  "citations": [
    {
      "type": "nominative",
      "cite": "2 Hawks 582"
    },
    {
      "type": "official",
      "cite": "9 N.C. 582"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
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    "sha256": "9571d0132b0397c6d7bf443900e1e9b2e053f58323da2b87c0b138a31d19ba64",
    "simhash": "1:4b8ce22f1dd217fe",
    "word_count": 1704
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  "last_updated": "2023-07-14T21:20:49.892283+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Hjbs\u00eddjsj&sojs-, Judge, csmcuiTetl."
    ],
    "parties": [
      "State v. Hale."
    ],
    "opinions": [
      {
        "text": "Taylor, Chief-Justice.\nThe indictment, in this case, , is for an inhuman assault and battery, but the special verdict states, that the Defendant struck the slave. The question, therefore, presented to the Court, is, whether a battery, committed on a slave, no justification, or circumstances attending it, being shewn, is an indictable offence.\nAs there is no positive law, decisive of the question, a solution of it roust be deduced from general principles, from reasonings founded on the common lav/, adapted to the existing condition 'and circumstances of our society, and indicating that result, which is best adapted to general expedience. Presumptive evidence of what this is, arises, in some degree, from usage, of which the Legislature must have been long since apprised, by the repeated conviction and punishment of persons charged with this offence.\nIt would be a subject of regret to every thinking person, if Courts of Jusiicc were restrained, by any austere rule of judicature, from keeping pace, with the march of benignant policy and provident humanity, which for many years, has characterised every Legislative act, relative to the protection of slaves, and which Christianity\u00bb by the mild diffusion of its light and influence, has contributed to promote ,\u2022 and even domestic safety and interest equally enjoin.\nThe wisdom of this course of legislation, has not exhausted itself on the specific objects to which it was directed, hut has produced wider and happier consequences, in securing to this class of persons, milder treatment and more attention to their safety,' for the very ci rcumstance of their being brought within the pale of legal protection, has had a corresponding influence upon the tone of public feeling towards them t, has rendered them of more value to their masters, and suppressed many outrages, which were, before, but too frequent.\nIt is, however, objected in this case, that no offence has been committed, and the indictment is not sustainable, because the person assaulted is a slave, who is not protected by the general criminal law of the State 5 but that, as the property of an individual, the owner may he redressed by a civil action.\nBut though neither the common law, nor any other code yet devised by man, could foresee and specify every Case that might arise, and thus supersede the use of reason in the ordinary affairs of life, yet it furnishes the principles of justice adapted to every state and condition of society. It contains general rules, fitted to meet the diversified relation, and various conditions of social man. Many of.tKe most important of these rules, are not set down in any statute or ordinance, but depend upon common law for their support; of this de\u00ab-cription is ike n-Io. 1 hot breaking the public peace is an offence, and pun.sbable by fine and imprisonment.\nAn assault and battery is not indictable in any case j-Q re(]reSH the private injury, for that is to be effected by a civil action j but, because the offence is injurious to the citizens at large by its breach of the peace, by the terror and alarm it excites, by the disturbance of that social order which it is the primary object :d the law to maintain, and by the contagious example of crimes.\nThe instinct of a slave may be, and generally is, tamed into subservience to his master\u2019s will, and from him he receives chastisement, whether it be merited or not, with perfect submission ; for he knows the extent of the dominion assumed over him, and that the lawT rati\u00edi s the claim. But when die same authority is wantonly usurped by a stranger, nature is disposed to assert her rights, and to prompt the slave to a resistance, often, momentarily successful, sometimes, fatally so.\nThe public peace, is thus broken, as much as if a free man had been beaten, for the party of the aggressor is always the strongest, and such contests usually terminate by overpowering the slave and inflicting on tem a severe chastisement, without regard to the original cause of the conflict. There is consequently, as imicii k.isou for making such offences indictable, as if a white man had been the victim.\nA wanton injury committed on a slave is a great provocation to tiie owner, awakens his resentment, and lias a direct tendency to a breach of the peace, by inciting him to seek immediate vengeance. If resented in the heat of blood, ii would probably extenuate a homicide to manslaughter, upon the same principle wit!.- the case stated by 1 >\u2022 Hale, that, ^A. riding on the road, B. bad whipped ira horse out of .'the track, and then A. had alighted and killed \u00bf5.\nThese fefeines ara tv ,vfey cosmiii ra\u00edl fej !B\u00abh of siis\u00bb \u00abfe1' efe its,, k&itiyfeiv; loom !\u2019 rrsjefefe \u00edV\u00ed\u00ed\u00edii asmcfelfen wfeb vh \u2018fei <! ra\u00ed yen la tfe> \u00abvmmviry o\u00ed co \u25a0\u00bb - \" '\u00edio\u00edci \u00a1hoy deprave by f t \u00e9 , < aabEfevlij/, asid Tea ra-\u2019 fea m\u00a10. y slave clave IMS mnfe \u2018 vfe \u00absIj\u00ed?, being - -'seel dfeerwj *d i'is\u00edso\u00ediH and = ' \u2019e. embeb\u00edan \u25a0\"\u2022; ha especia-imv a, ts'sko Rim\u00fa . * o\u00edfeBces aiay \u00a1fe coiv\u00edvra; . , *\u00bbHp\u00abutiy<, \u00dcis \u00a1\u00a1.ratee fell \u00a1riel, oafe \u00a1fe mulera;! eviraracly insa-i'.iiiW best \u00abiio valu\u00f3 o\u00ed ferae pMjyfey \u00a1mar\u00e1 he laiidi \u00a1Un*\u00bb paired, ib* \u00edfe oi\u00e1nufem cita sald\u00e9is santo \u00aby repardi\u00edea la fe\u00fcjirarau\nKm* fe it iieoesravy,, in any caso, \u00fci&t aperaos who bat\u00ed vecen ed asi injury, mal o\u00ed* Lra\u00edyirairy,, \u00edVo\u00ed\u00edi a slave,, tio\u00fcSd crar.e out ufe rara juraioe 5 ibv the Iras lias tund\u00eds ampie FJid sR\u00fci&tary yr\u00edH\u00cdfeors fes* Ib o {Mmibifeien\u00ed o\u00ed all vj\u2019h ial aahiices ro\u00fcmu\u00edfe:;! by slaves, fey canying Teas, betifre ti fefeico, rafe fe sramo vised'\u00a1\u00ab pass sea\u00edeuce \u00edbi* \u00edbera iteisiy ;>ji!;\u00cd\u00edc\u00edi!/ wir\u00e1pmlfe-\u2022(! \u00edAm, fe 4<\u00cdC=) This \u2019piran ifeom v\u00e1ida it e vfesi\u00e1ra fee neresfeiy of private vera* ysiK\u2019e, s>o\u00edife m, \u00a1vi id \u00a1bif\u00f3\u00ed It; ieyfelky,, \u00a1Tace It eSeeiiv aliv jKwfev\u00ed,-. id\u00ed perHeas fr\u00edan \u00edfe fewfevre \u00ab\u00ed slaven, emu wise ve \u00edfeiv Kimfer v ! uve tanv\u00ed\u00fciii\u00edg Us cmvci \u00a1hoy*, 0\u00bfw*a i\\:'C5|*iaiid. sHVi\u00fcv'v mudr.\nTfe\\ commas fee/ \u00cdm\u00fc rivera been vaJikd ife\u00edo efe\u00edfemv ojKuv\u00fcev, \u00a1fe* Te yafefeimmt o\u00ed \u00a1\u00a1rab\u00edic cnie\u00edty ifekicfed \u00edspeit ufettrfefe \u00edm \u00a1rivedlfe/; fiad v\u201e vivios b\u00e1r\u00edwky eiiev \u25a0 fefi'-d erra by masters anea \u00ed\u00f1e\u00cd!' nev\u00f3n swk\u00ed \u00a3i?\u00bf* vav\u00edea,, v\u00e1\u00edV'dnse ol \u00bf\u00ab'oiffv'a serva*!; aad roaiiort. Itest-joo \u00edtstd evah\u00ednT son-is i\u00bb ve avie \u00dcia.\u00ed a iiaiumsi Loiiipt, \u00ed\u00edfeho\u00fcfVt tlss* Ktii.jec!. of pvopev\u00a1:/\u201e s\u00edanfe: be so lia* pv\u00edi\u00edfvlocl as lh\u00a1-Je\u00ed'J;\u2019 \u2019U' \u00a1\u00a1afeae >v* ivpsred l\u00edsV\u00edVia\u00edi tfii\u00edi.\nfew idI prirtnwM*3 Keresnny to caiiovre lije obvdiesicc of die h!wvo\u00bb as\u00e1 \u00ed\u00ab veisdcv bina mo\u00ediij as \u00a1veopony, iba feie, 'V ceros ;\u00ab C\u00ede \u00edtdivbvv a. ro\u2019et/vole aedlsoviry avorli\u00eduv, a?\u00bb' \u2019 fe v, \u00a1fe iiGs Ilpfedy fefevffev\u00bb \\,;;fet ifen rviadi\u00edia \u00fciar, efeshfefeec?,, fe h a nve'e e\u00edfeedial yvavanfee o\u00ed fefe* right of property, when the slave is protected from wanton abuse fren, those wlio have no power over bin\u00bb j for it cannot be disputed, that a slave is rendered less capable of performing his master\u2019s service, when he ends himself exposed by the law to the capricious violence of every turbulent man in the community.\nMitigated as shivery is by the humanity of our laws, the refinement of manners, and by public opinion, which revolts at every instance of cruelty towards the:::., it would be an anomaly in the system of police which affects them, if the offence stated in the verdict were not indictable. At the same time it is undeniable, that such offence must be considered with a view to the actual condition of society, and the difference between a white man and a slave, securing the first from injury and insult, and the, other from needless violence and outrage. From this difference it arises, that many circumstances which would not constitute a legal provocation for a battery committed by one white man on another, would justify it, if committed on a slave, provided the battery were not excessive, it is impossible to draw the line with precision, or lay down the rule in the abstract; but as was said in Tucket\u2019s case, the circumstances must be judged of by the Court and Jury, with a due regard to the habits and feelings of society. But where no justification is shewn, as in this case, I am of opinion the indictment is maintainable.",
        "type": "majority",
        "author": "Taylor, Chief-Justice."
      },
      {
        "text": "Hall, Judge.\nI concur in the opinion given. I think it would be highly improper that every assault and battery upon a slave should be considered an indictable offence; because ihe person making it, might have matter of excuse or justification on his side, which could not be used as a defence for committing an assault and battery upon a free person. But w here an assault and battery is committed upon a slave without cause, lawful excuse, or without sufficient provocation, I think it aiafi\u00ediat\u00edj lo En indictable\u00bb, offence. Much depends upon the, circumstances of the case when it batmen*; these , \u2018 circumstances are- not set forth in this case, and 1 think it material that they should appear. 1 therefore think tin', judgment of the Court below should be reversed, and a new trial granted for that purpose.\nHjbs\u00eddjsj&sojs-, Judge, csmcuiTetl.",
        "type": "concurrence",
        "author": "Hall, Judge."
      }
    ],
    "attorneys": [],
    "corrections": "",
    "head_matter": "State v. Hale.\nFrom Cumberland.\nA battery committed on a slave, no justification, or circumstances at. tending it, being shewn, is an indictable offence. But every battery on a slave is not indictable, because the person -making it n ay have matter of excuse, or justification, which would be no defence for \u2022 committing a batter)- on a free person. Each case of this soit must, in a great degree, depend on its own circumstances.\nThis was au indictment charging the Defendant with having committed an assault on a slave., and with inhumanly beating, wounding, he.\nThe Jury, below, found that the Defendant committed personal violence on the slave, mentioned in the indictment, by striking him, and whether this amounted to the offence charged, they referred it to the Court to decide, Whereupon, Daniel, Judge, rendered judgment for the Defendant, and the State, by Mr. Solicitor Troy, appealed,"
  },
  "file_name": "0582-01",
  "first_page_order": 564,
  "last_page_order": 569
}