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
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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
Thus, an act forbidding the use of fireworks without the governor's
permission, states that the slave instead of being imprisoned shall
be publicly whipped. Another provides that if a slave set fire to any
woodlands or marshes he shall be whipped not exceeding twenty-one
lashes. As far back as 1700 whipping had been made the punishment of a
slave who carried weapons without his master's permission. In 1750-1751
participation in a horse-race or shooting-match entailed first fifteen
lashes, and then twenty-one, together with six days' imprisonment for
the first offense, and ten days' imprisonment thereafter. In 1760
hunting on Indians' lands or on other people's lands, shooting in the
city, or hunting on Sunday, were forbidden under penalty of whipping
up to thirty-one lashes. In 1750-1751 the penalty for offending
against the night watch in Philadelphia was made twenty-one lashes
and imprisonment in the work-house for three days at hard labor; for
the second offence, thirty-one lashes and six days. Sometimes it was
provided that a slave might be punished as a free man, if his master
would stand for him. Thus a slave offending against the regulations
for wagoners was to be whipped, or fined, if his master would pay the
fine.[104]
So far the slave was under the regulation of the state. He was also
subject to the regulation of his owner, who, in matters concerning
himself and not directly covered by laws, could enforce obedience by
corporal punishment. This was sometimes administered at the public
whipping-post, the master sending an order for a certain number of
lashes.[105] But the slave was not given over absolutely into the
master's power. If he had to obey the laws of the state, he could
also expect the protection of the state.[106] The master could not
starve him, nor overwork him, nor torture him. Against these things
he could appeal to the public authorities. Moreover public opinion
was powerfully against them. If a master killed his slave the law
dealt with him as though his victim were a white man.[107] It is not
probable, to be sure, that the sentence was often carried out, but such
cases did not often arise.[108]
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