Slavery in Pennsylvania: A Dissertation Submitted to the Board of University Studies of the Johns Hopkins University in Conformity with the Requirements for the Degree of Doctor of Philosophy, 1910Turner, Edward Raymond
History
Slavery in Pennsylvania: A Dissertation Submitted to the Board of University Studies of the Johns Hopkins University in Conformity with the Requirements for the Degree of Doctor of Philosophy, 1910
The years from 1700 to 1725-1726 are marked by two great laws which
almost by themselves make up the slave code of Pennsylvania. The first,
passed in 1700 and passed again in 1705-1706, regulated the trial and
punishments of slaves.[76] It marked the beginning of a new era in the
regulation of negroes, in that, subjecting them to different courts and
imposing upon them different penalties, it definitely marked them off
as a class distinct from all others in the colony. In 1725-1726 further
advance was made. Not only was the negro now subjected to special
regulation because he was a slave, but whether slave or free he was
now made subject to special restrictions because he was a negro. While
some of these had to do with movement and behavior, the most important
forbade all marriage or intercourse with white people.[77] These laws
must be examined in detail.
From the very first was seen the inevitable difficulty involved in
punishing the negro criminal as a person, and yet not injuring the
master's property in the thing. The result of this was that masters
were frequently led to conceal the crimes of their slaves, or to take
the law into their own hands.[78] The solution was probably felt to be
the removal of negroes from the ordinary courts. It is said, also, that
Penn desired to protect the negro by clearly defining his crimes and
apportioning his punishments. Accordingly he urged the law of 1700.[79]
Under this law negroes when accused were not to be tried in the regular
courts of the colony. They were to be presented by the Courts of
Quarter Sessions, but the cases were to be dealt with by special courts
for the trial of negroes, composed of two commissioned justices of the
peace and six substantial freeholders. On application these courts
were to be constituted by executive authority when occasion demanded.
Witnesses were to be allowed, but there was to be no trial by jury.[80]
In such courts it was doubtless easier to regard the slave as property,
and do full justice to the rights of the master.
Something was still wanting, however, for in case the slave criminal
was condemned to death, the loss fell entirely on the master. From
the earliest days of the colony owners had been praying for relief
from this. In 1707 the masters of two slaves petitioned the governor
to commute the death sentence to chastisement and transportation, and
thus save them from pecuniary loss. The petition was granted. Such
commutation was frequently sought, and in the special courts it could
be more readily granted.[81] The real solution, however, was discovered
in 1725-1726, when it was ordained that thereafter if any slave
committed a capital crime, immediately upon conviction the justices
should appraise such slave, and pay the value to the owner, out of a
fund arising principally from the duty on negroes imported.[82]
Public-domain text, read in full here on John Shaqi.
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