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
These laws continued in force until 1780, and down to that time slaves
were removed from the jurisdiction of the regular courts of the
province; although after 1776 it was asserted that the clause about
trial by jury in the new state constitution affected slaves as well as
free men; and a slave was actually so tried in 1779.[83] Whether this
view prevailed in all quarters it is impossible to say. In the next
year the abolition act did away with the special courts entirely.[84]
The law of 1700, which marked the differentiation of slaves from
servants, marked also the beginning of discrimination. For negroes
there were to be different punishments as well as a different mode
of trial. Murder, buggery, burglary, or rape of a white woman, were
to be punished by death; attempted rape by castration; robbing and
stealing by whipping, the master to make good the theft.[85] This law
was repeated in 1705-1706, except that the punishment for attempted
rape was now made whipping, branding, imprisonment, and transportation,
while these same penalties were to be imposed for theft over five
pounds. Theft of an article worth less than five pounds entailed
whipping up to thirty-nine lashes.[86] For white people at this time,
whether servants or free, there was a different code.[87]
A far more important discrimination was made in 1725-1726 by the law
which forbade mixture of the races. There had doubtless been some
intercourse from the first. A white servant was indicted for this
offence in 1677; and a tract of land in Sussex County bore the name
of "Mulatto Hall." In 1698 the Chester County Court laid down the
principle that mingling of the races was not to be allowed.[88] The
matter went beyond this, for in 1722 a woman was punished for abetting
a clandestine marriage between a white woman and a negro.[89] A few
months thereafter the Assembly received a petition from inhabitants of
the province, inveighing against the wicked and scandalous practice of
negroes cohabiting with white people.[90] It appeared to the Assembly
that a law was needed, and they set about framing one. Accordingly in
the law of 1725-1726 they provided stringent penalties. No negro was to
be joined in marriage with any white person upon any pretense whatever.
A white person violating this was to forfeit thirty pounds, or be sold
as a servant for a period not exceeding seven years. A clergyman who
abetted such a marriage was to pay one hundred pounds.[91]
Public-domain text, read in full here on John Shaqi.
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