1748 · Diasporayear only
Virginia makes the practice of medicine by a slave a capital crime
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In 1748 the Virginia legislature made it a felony for an enslaved person to practise medicine of any kind, on pain of death. The act said that many slaves, under pretence of practising physic, had prepared and given out poisonous medicines, and described the resulting illnesses as long and tedious indispositions sometimes ending in death, which is exactly how the earlier accusations had described them. Two provisions softened the sentence. If the court decided there had been no ill intent and no bad consequence it could impose something lighter, in practice a brand on the hand and thirty nine lashes. And the law did not apply where all the owners concerned had agreed to the treatment. Contemporary English law held that poisoning could never be manslaughter because it carried its own evidence of deliberate malice. Virginia dropped the requirement of harm or intent altogether, which let county courts punish people for what they might do.