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
For all of the many petty offenses of which the slave might be
guilty the punishment was confined to "stripes,"--few or many in the
discretion of the justice of the peace, though for every offense the
maximum number was fixed by law. Nor could they be applied but by
authority of the magistrate, after due examination, though there was
almost invariably coupled with the designating of the number of stripes
the injunction that they be "well laid on." The mode of procedure in
all cases wherein the offense was punishable with stripes was for the
justice to summon "two respectable slave-holders to assist him,"--the
evidence for and against the accused being laid before them, the three
determined his guilt and fixed the punishment,--within the limits of
the law.
The extent of this punishment varied all the way from ten stripes for
"presuming to come upon the plantation of any person without leave from
his master," up to thirty-nine for grand and petty larceny, between
the punishment for which there was no difference, and for "buying or
selling without a written permission from his master." This latter
seems to have been regarded as quite an offense, as we have frequent
references to it,--the punishment fixed being as great as that attached
to misdemeanors which we would consider much graver. It merely
consisted in the slave buying or selling anything whatever without his
master's written permission,--such permission being necessary before he
could lawfully carry on even the smallest of commercial exchanges.
Even in our present state of boasted enlightenment it is questioned by
many thinkers and criminologists whether we have been wise in anywhere
substituting the jail for the whipping post for minor offenses. At
all events, as a deterrent to petty crime among our colored brethren
one sound thrashing, "well laid on," would most likely prove more
efficacious than any jail sentence imposed by a latter day justice of
the peace.
It was unlawful for a slave to leave his master's premises without
permission, and an offense for a negro, bond or free, to have in his
possession any weapons of any kind. The penalty for engaging in any
"riots, routs or unlawful assemblages" was the maximum thirty-nine
lashes, and the same act provided that if any white person should be
convicted in the Circuit Court of "being in company with slaves or free
negroes at any unlawful meeting" he should be fined twenty dollars, to
go to the informer, and, moreover, receive not exceeding twenty lashes
on his bare back, at the discretion of the court.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account