1. _Offenses Punishable by Stripes._ Trading without permits from their
masters or forging passes was punishable by stripes by act of 1799. The
number of stripes was left to the discretion of the justice but was
not to exceed thirty-nine.[137] In 1806, riots, unlawful assemblies,
trespasses, seditious speeches, insulting language to whites, were made
offenses punishable by stripes at the discretion of the justice.[138]
By act of 1813, the slave was whipped for selling any article not made
by himself.[139] The number of stripes was not less than five, nor more
than thirty. He was punished for selling whiskey or keeping it at some
other place than his own home. This offense was punishable by not less
than three nor more than ten lashes.[140] It is interesting to notice
the leniency in the punishment for selling this particular article.
Conspiracy, which was punishable by death alone in the act 1741, might
by act of 1831 be punished by whipping, pillory, or imprisonment.[141]
Death still remained a proper punishment for this offense, but one of the
others-could be substituted at the discretion of the justice, depending
on the character and extent of the conspiracy. By act of 1844, the
runaway could be worked on the streets of an incorporated town and his
wages went to the poor.[142]
2. _Capital Offenses._ By act of 1741, killing of horses, hogs, or
cattle without a permit from the master was punishable by death for
second offense.[143] In 1819, murder, arson, rape, burglary, and robbery
were made capital offenses and punishment in all other cases was not to
extend to life or limb.[144] By this act the suffering of death by being
outlawed as a runaway was abolished. By act of 1835, intent to commit
rape upon a white woman was punishable by hanging.[145] The burning of a
barn, a bridge, or a house with intent to kill was a capital offense.[146]
3. _Offenses Punishable at the Discretion of the Jury._ The burning of
barns, houses, bridges, steamboats, manufacturing plants, and valuable
buildings or property of any kind were offenses for which the jury could
punish at their discretion, provided such punishment did not extend to
life or limb. All offenses of slaves for which there was not a specific
punishment fixed by law were left to the discretion of the jury.[147] The
cutting off of ears, standing in the pillory, and branding were some of
the older punishments for which whipping came to be a substitute.
VI. TITLE TO SLAVES—
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account