3. Alterations in the penal laws. These alterations were of two contrasting kinds. The penalty for burglary in the night, arson, horse stealing and rape was changed from long imprisonment[35] to death,[36] which, however, might be in every case commuted to life imprisonment.[37] On the other hand, several hundred crimes, including all the species of larceny except that mentioned above, were reduced from felonies to misdemeanors, and the penalties from imprisonment in the penitentiary to fine, imprisonment in the county jail, or whipping, at the discretion of the court.[38] This mitigation of punishment was made in consideration of the negroes' ignorance of the nature of their offences, due to the fact that these had before been punished by their masters and not by the law. Probably the capacity of the penitentiary was also considered. To facilitate the transition from the old labor system to the new by remedying in some degree the instability of the labor supply, the legislature made it a crime to employ any servant during the term for which he had contracted to work for another, or to induce a servant to quit the service of an employer before the close of the period contracted for.[39] Regarding the civil rights and relations of the negroes the following legislation was passed: 1. A law in these words: That persons of color shall have the right to make and enforce contracts; to sue, be sued; to be parties and give evidence; to inherit; to purchase, lease, sell, hold and convey real and personal property; and to have full and equal benefit of all laws and proceedings for the security of person and estate; and shall not be subject to any other or different punishment, pain or penalty for the commission of any act or offence than such as are prescribed for white persons committing like acts or offences.[40] 2. A provision, implied in the law above quoted, that negroes were to be held competent witnesses in all courts in cases, civil or criminal, whereto persons of color should be parties.[41] 3. Certain provisions for establishing among the negroes the regular relations between husband and wife, parent and child, in place of the irregular relations which had prevailed under slavery.[42] 4. The prohibition of marriage between negroes and white persons.[43] This last provision, and also the exclusion of the testimony of negroes from cases whereto a colored person was not party, are of social rather than legal importance, since their effect was to separate the two races, but not to deprive the negroes of the equal protection and benefit of the law. They were like the school law, which provided that only "free white inhabitants of the state" were entitled to instruction in the public schools.[44]