Mann - The State v John Mann From Chowan SUPREME COURT OF NORTH CAROLINA 13 N.C 263 1829 N.C LEXIS 62 Devereux's Ct Cl 263 December 1829. That in law the Defendant was guilty, as he had only a special property in the slave. A verdict was returned for the State. Dell optiplex 3010 vga driver download. Opinion for State v. Mann, 463 N.W.2d 883 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information.
North Carolina Supreme Court Justice Thomas Ruffin ruled in the 1830 State v. Mann decision that “The power of the master must be absolute to render the submission of the slave perfect.” (Item 44) After looking closely at Ruffin’s decision, it is apparent that he was protecting the institution of slavery. Adobe photoshop cs4 mac download. John Mann, an 1829 North Carolina Supreme Court decision, is probably the most notorious judicial opinion on the relationship between master and slave ever rendered by a state court. Written by Justice Thomas Ruffin, Mann stands for the proposition that masters were not subject to criminal indictment for a battery committed on their slaves.
MANN After serving in the North Carolina House of Commons and as a superior court judge, Thomas Ruffin was named in 1829 by the General Assembly to serve on the Supreme Court of North Carolina.3 2. See generally Poole v. North Carolina R.R. (8 Jones) 340 (1861).
50 PagesPosted: 30 Jul 2008
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Abstract
Judge Thomas Ruffin of the antebellum North Carolina Supreme Court enjoys the reputation as one of the great judges of the nineteenth century; some rank him among the greats of all American history. This reputation has been little tarnished by his authorship of State v. Royal revolt 2 mac download. Mann, an opinion that has become one of the central texts of the American law of slavery due to its savage endorsement of the right of the temporary hirer of a slave to shoot her in the back without risking criminal sanction.
Scholars have hesitated to condemn Judge Ruffin for his Mann opinion. To some extent, this is because Ruffin professed great personal anguish in that opinion at the harshness of its outcome. In addition, the archival record seemed to contain few clues (beyond the Mann opinion itself) about Ruffin's attitudes toward slavery and his own slaves. Finally, and relatedly, scholars have wished to honor what the article calls the 'hindsight defense' of historical actors - the claim that present observers cannot fairly assess the behavior of figures from the past because they will inevitably ignore the culture and morals of that earlier time.
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This article reviews a great deal of newly discovered archival evidence that places Judge Ruffin and his Mann opinion in a much more troublesome light. The evidence reveals Ruffin to have been a batterer of slaves, a speculating slave-trader at a time when that trade had become disreputable, and a serial breaker of slave families. These new disclosures not only force a reconsideration of Judge Ruffin and his Mann opinion, but also suggest that the 'hindsight defense' of historical actors is often excessively simplistic and reductionist.
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Muller, Eric L., Judging Thomas Ruffin and the Hindsight Defense. North Carolina Law Review, Forthcoming; UNC Legal Studies Research Paper No. 1186524. Available at SSRN: https://ssrn.com/abstract=1186524