Malte,
In his book,
Introduction to Animal Rights, Gary Francione goes into some of the details of attempting to gain protection of slaves through various welfare laws and “quasi-person status” (i.e. at one time slaves were legally considered “3/5ths of a person”). None of these efforts worked to bring meaningful protection to slaves until they were freed of property status. Alan Watson, who is a leading scholar on the history American slavery, wrote the forward to Francione’s book, fully endorsing the comparisons made between American slavery (including the efforts at slave welfare laws) and modern animal property status (including the efforts at animal welfare laws). I highly recommend reading Francione’s
Introduction to AR for more information on the comparison.
This is a very interesting and fruitful topic. In addition to what Francione covers in his book, I think more scholarship and study of this comparison should be done. I’ve been meaning to look into this in much more detail myself, but have put it off for lack of time/priority. I think I’ll try to make it a priority in the coming year to gain more resources, facts, and knowledge of this area. Specifically, I want to look into the numbers and efforts of slave welfarists (which I believe were very strong, as they are with animal welfarists) versus the numbers and efforts of abolitionists (which I believe, despite their great efforts, were outnumbered, although had a significantly larger percentage of support than current abolitionists).
Meanwhile, below is some info I gathered in a quick Internet search on slavery and slave laws. We have to remember that while these statutes were on the books, the laws were routinely violated just as our current laws are violated.
As a matter of legal theory and fact, property has virtually no standing against its property owner. Property owners have RIGHTS. Their property does NOT have any rights. This should be laughably obvious to anyone who knows anything whatsoever about the law, but astoundingly, so many people (welfarists) “play dumb” to this obviously heavily biased and one-way relationship. http://www.slaveryinamerica.org/geograp ... aws_NJ.htmFrom the link above:
Cruelty 1786 Statute Any person convicted of "inhumanly treating and abusing" his slave might be indicted by the grand jury, and on conviction could be fined.
Punishment 1788 Statute All criminal offenses committed by enslaved persons were to be punished in the same manner as the criminal offenses of freemen.
Education 1788 Statute All enslaved blacks and servants, born after the passage of this act, were to be taught to read before they reached the age of 21. Owners who failed to comply with this act were to be fined 5 pounds.
Punishment 1796 Statute Court had the right to determine punishment for slaves convicted of a crime not punishable by death. In place of the usual punishment imposed on freemen, the court could prescribe corporal punishment for any offense not punishable by death.
Terms of enslavement 1798 Statute Every enslaved black, indian or mulatto slave was enslaved for life unless set free in a manner prescribed by the law.
Welfare of slaves 1798 Statute Persons could be indicted for cruel treatment of those enslaved. Penalty: $40.
Welfare of slaves 1798 Statute Enslaved persons not manumitted according to law were to remain under the protection of their owners. If owners were unable to maintain their slaves, the township would be responsible.
Begging 1798 Statute Prohibited owners from allowing enslaved blacks to beg for food, clothing, money or other necessities. Penalty: $8 to be split between informer and overseers of the poor of the township.
The following link shows just how little slave property mattered under the law, and how the owners could do virtually whatever they wanted:
http://www.bowdoin.edu/~prael/projects/ ... page3.html