Publications of the Mississippi Historical Society, Volume 02 (of 14), 1899Mississippi Historical Society
History
Publications of the Mississippi Historical Society, Volume 02 (of 14), 1899
Mississippi Historical Society
Mississippi -- History
At a much later date than that which we are considering an act was
passed providing for the payment to the owner of a condemned slave,
out of the state treasury, of an amount equal to one-half his assessed
value, to be paid as soon as he was executed.
Wherever it was found necessary to examine a free negro or slave, as a
witness in any trial, no oath whatever was administered. He was charged
by the court to declare the truth in the following words: "You are
brought here as a witness, and, by direction of the law, I am to tell
you, before you give your evidence, that you must tell the truth, the
whole truth and nothing but the truth; and if it be found hereafter
that you tell a lie, and give false testimony in this matter, you must,
for so doing, have both your ears nailed to the pillory, and cut off,
and receive thirty-nine lashes on your bare back, well laid on, at the
common whipping post."
It did not conclude "So help you God."
The crime of perjury has always been regarded as peculiarly heinous,
and we find it punishable here more severely than any other non-capital
offense. The penalty was as indicated in the charge, to "have one
ear nailed to the pillory, and there to stand for the space of one
hour, and then the said ear to be cut off, and thereafter the other
ear nailed in like manner, and cut off at the expiration of one other
hour," in addition to the thirty-nine lashes prescribed. However,
notwithstanding the mandatory language of the statute and of the
charge, this punishment would seem to have been discretionary, for
the act concludes, "or such other punishment as the court shall think
proper, not extending to life or limb." Be that as it may, it is safe
to conclude that no such punishment was ever inflicted, and we can find
nothing in any of the books tending to show that it was ever resorted
to.
It was only permissible for an owner to emancipate a slave by and with
the consent of the Legislature, and then only by proving that such
slave had "performed some meritorious act for the benefit of the owner
or some distinguished service for the state."
The courts were always open to a negro held as a slave who claimed to
be entitled to his freedom,--though no person being a member of any
emancipation society could sit as a juror in the trial of such causes.
While one of the earliest slave laws of which we have any record was
that prohibiting the importing of slaves for sale, it was also made
unlawful for a free negro to come into the state to live; and in 1831
an act was passed requiring every free negro between the ages of
sixteen and fifty to remove from the state forever. But this was not
followed by a general exodus, for the act contained a clause which
allowed the negro to obtain from the Probate Court permission to
remain in the state, upon a showing made of "good character and honest
deportment,"--though it was always exacted that every free negro should
be duly registered in the county of his residence.
Public-domain text, read in full here on John Shaqi.
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