The liquor traffic was the most difficult part of trading with slaves to
regulate. The North Carolina code left whiskey in the same category with
other articles, but in 1813 Tennessee made it punishable by a fine of not
less than five nor more than ten dollars to sell it to slaves.[118] If a
person was convicted of violating this regulation and could not pay his
fine, he went to jail until he could pay it with cost. By act of 1829,
a slave was given from three to ten lashes for having whiskey in his
possession and from five to ten for selling it to another slave.[119]
Any merchant, tavern-keeper, distiller, or any other person, who sold
whiskey to a slave without permit from his master, was guilty of a
misdemeanor, and, on being convicted, was subject to a fine of fifty
dollars.[120]
The laws regulating this traffic became increasingly strict. By act of
1832, a dealer in order to secure a license to sell whiskey was required
to take an oath not to sell a slave unless he had a written permit from
his master.[121] Clerks in liquor houses, not considering themselves
dealers, continued to sell whiskey to slaves; so in 1846, the oath was
modified to include sales within the knowledge of the person receiving
the license.[122] In 1842, the punishment for selling whiskey to slaves
or letting a free negro be intoxicated on one’s premises was made
imprisonment for a period of not exceeding thirty days.[123]
The policy of the state toward the liquor traffic with slaves was
forcibly expressed by Judge Caruthers in the case of Jennings v. the
State, as follows:
Under no circumstances, not even in the presence, or by
permission in writing or otherwise, can spirits be sold or
delivered to a slave for his own use, but only for the use
of the master, and even in that case, the owner or master
must be present or send a written order, specifying that it
is for himself, and the quantity to be sent.... A general or
indefinite order, such as those exhibited in this case, is of
no avail. An order can cover only a single transaction, and
then it is exhausted.[124]
It is noticed that this law applied to everybody and not merely to
licensed liquor dealers.
The laws on traffic with slaves finally concluded: “Any person who sells,
loans, or delivers to any slave, except for his master or owner, and
then only in such owner or master’s presence, or upon his written order,
any liquor, gun, or weapon ... is guilty of a misdemeanor, and shall be
fined not less than fifty dollars, and imprisoned in the county jail at
the discretion of the court.”[125] Judge Caruthers, commenting on this
law, said: “This is intended to cut up the offense by the roots, and
prescribes a penalty calculated to deter those that milder punishment had
been found insufficient to restrain from the injury or destruction of
their neighbor’s property.”[126]
Public-domain text, read in full here on John Shaqi.
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