Moot Court I
State v Mann
Today we got our first taste of the legal prowess of some of our bright class mates. For some
quick background, let me summarize what the State v Mann was basically about.
In 1829-1830 there was a case that was appealed to the North Carolina Supreme
Court about the legal right a slave owner has to harm or kill their slave. In
this case, John Mann was accused of wrongfully wounding a slave girl that he
has loaned from another slave owner. Mann argued that the slave was his
property for the duration of the loan, and a slave owner has all rights to
penalize their slaves at their own digression. He was fined ten dollars, and
the ordinal ruling as in favor of the state.
The side
that was defending Mann gave a very articulated and structured argument listing
all the legal backing that Mann had. They stated that a slave owner has
“absolute power over their slaves”. This was further explained by saying how
the state cannot interfere with the master’s power. They argued that slaves
were property, and since the loan gave Mann the ownership over the slave, he
was well within his rights to shoot her as he saw fit. They also used the
Fugitive slave law of 1850 to back their argument for Mann. Under the Fugitive
Slave Law, everyone was given the right to kill any slave that was thought to
be a runaway with no punishment or reimbursement. Lastly, they stated that the
state judge broke the law by ruling in favor of the state.
The states
litigation was a little more… dramatic than the one earlier. They asked for the exact contract and
wording, which I thought was pretty intelligent. But that attack was quickly
shot down by a misshapen in wording between “hiring” and “ownership”…
semantics. Their second argument was a morally shaking argument that asked a
member of the opposite litigation to clear up the definition of “property”. He
argued that a pen is property, but a person who lives and breathes, it not.
Which he is correct in saying this, but legally it had no standing and should
not would not be a deciding factor in the ruling, especially during the time
period that they lived. Lastly, they attempted to make a argument using the
bible and its connection to the US legal system. Even though it was nicely
argued and thought out, it also had very little legal standing.
Obviously, the Mann litigation won. If you would let me
digress, I would have to applaud both sides in their research and the molding
of their arguments.
Court dismissed.
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