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
[84] _Stat. at L._, X, 72. What was the standing of negro slaves
before the ordinary courts of Pennsylvania in the years
between 1700 and 1780 it is difficult to say. They certainly
could not be witnesses--not against white men, since this
privilege was given to free negroes for the first time in 1780
(_Stat. at L._, X, 70), and to slaves not until 1847 (_Laws of
Assembly, 1847_, p. 208); while if they were witnesses against
other negroes it would be before special courts. Doubtless
negroes could sometimes seek redress in the ordinary courts,
though naturally the number of such cases would be limited.
There is, however, at least one instance of a white man being
sued by a negro, who won his suit. "Francis Jn^oson the Negro
verbally complained agst W^m Orion ... and after pleading to
on both sides the Court passed Judgment and ordered W^m Orion
to pay him the sd Francis Jn^oson twenty shillings" ... MS.
Ancient Records of Sussex County, 1681 to 1709, 4th mo., 1687.
Before 1700 negroes were tried before the ordinary courts, and
there is at least one case where a negro witnessed against a
white man. _Ibid._, 8br 1687.
[85] _Stat. at L._, II, 77-79; _Col. Rec._, I, 612, 613. Instances
of negro crime are mentioned in MS. Records of Special Courts
for the Trial of Negroes--Chester County. For a case of
arson punished with death, _cf. Col. Rec._, IV, 243. For
two negroes condemned to death for burglary, _ibid._, IX, 6,
also 699. The punishment for the attempted rape of a white
woman was the one point that caused the disapproval of the
attorney-general in England, and, probably, led to the passage
of the revised act in 1705-1706. _Cf._ MS. Board of Trade
Papers, Prop., VIII, 40, Bb. For restitution by masters, which
was frequently very burdensome, _cf._ MS. Misc. Papers, Oct.
9, 1780.
[86] _Stat. at L._, II, 233-236. These punishments were continued
until repealed in 1780, (_Stat. at L._, X, 72), when the
penalty for robbery and burglary became imprisonment. This
bore entirely on the master, so that in 1790 Governor Mifflin
asked that corporal punishment be substituted. _Hazard's
Register_, II, 74. For theft whipping continued to be imposed,
but guilty white people were punished in the same manner. MS.
Petitions, Lancaster County, 1761-1825, May, 1784. MS. Misc.
Papers, July, 1780.
[87] See below, p. 111.
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