Rare Book Monthly
Slavery in the United States <br> Chapter 8
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In connection with, and introductory to what will be said touching the religious exercises of the slaves, a curious ancient statute, passed in 1667, may be mentioned. It recites, that some doubts had arisen whether children that were slaves by birth, and by the piety of their owners became partakers of the sacrament of baptism, should by virtue of their baptism be made free; and then proceeds to declare that the conferring of baptism doth not alter the condition of the person as to his bondage or freedom, to the end that masters, freed from this doubt, may more carefully endeavour the propagation of Christianity, by permitting children, though slaves, or those of greater growth, if capable, to be admitted to that sacrament, ** (Hen. Stat. vol. ii. p. 260; vol. ill. p. 460.)
There is nothing now in the laws of Virginia to prevent the assembling of the slaves of any one owner or master together at any time for religious devotion; nothing to deprive masters or owners of slaves of the right to employ any free white person whom they may think proper to give religious instruction to their slaves; nothing to prevent any ordained or licensed white minister of the Gospel, or any layman licensed for that purpose by the denomination to which he may belong, from preaching or giving religious instruction to slaves in the daytime; and nothing to prevent the masters or owners of slaves from carrying, or permitting any such slave to go with them, or with any part of their white family, to any place of religious worship conducted by a white minister, in the nighttime.* (Sup. Rev. Code, p. 216, lines 1, 2.)
The inhibitions relating to this subject are these that a slave shall not attend any preaching in the nighttime, although conducted by a white minister, without a written permission from his owner, overseer, or master, or the agent of one of them; that no slave, free negro, or mulatto shall preach, or exhort, or hold any meeting, either in the day or at night; and that no slave, free negro, or mulatto shall attend any assembly held, or pretended to be held, for religious purposes or other instruction, conducted by any slave, free negro, or mulatto preacher. ** (Ibid. )
These inhibitions grow out of the same policy which had previously produced the law declaring that all assemblages of slaves or free negroes or mulattoes with slaves, at any meetinghouse, or other place in the night, or at any school for teaching them reading or writing, either in the day or night, should be considered unlawful assemblies, and might be dispersed by a warrant from a justice of the peace.* (Rev. Code, vol. i. pp. 424, 5, lines 15, 16.)
When a slave is apprehended for any crime not punishable with death or dismemberment, he may be let to bail; and though the crime be so punishable, yet if only a like suspicion of guilt fall on him, he is in like manner bailable. ** (Sess. Acts 1834-5, p. 45)
Any negro or mulatto, bond or free, is a good witness in pleas of the commonwealth for or against negroes or mulattoes, bond or free, or in civil cases where free negroes or mulattoes shall alone be parties. *** (Rev. Code, v. i.p. 422, line 5.)
For a great variety of offences, slaves are punishable by stripes at the discretion of a justice of the peace, not exceeding thirty-nine. They may be so punished for disposing of spirituous liquors at or within one mile of any muster, preaching, or other public assembly of black or white persons; **** (Sup. Rev. Code, p. 247, line 5.) for secretly harbouring a slave without the consent of his master or overseer; ***** (Rev. Code, v. i. p. 439, line 69.) for riots, routs, and unlawful assemblies, trespasses, and seditious speeches; ****** (Ibid. p. 423, p. 12; Sess. Acts 1834-5, p. 52.) for using abusive and provoking language to a white person, or for lifting their hands against such person except in defense;* (Rev. Code, vol. i. p. 420, line 23.) for writing or printing, or causing to be written and printed, any book, pamphlet, or other writing, advising persons of colour within this state to make insurrection or to rebel, or for knowingly circulating or causing to be circulated any such book, pamphlet, or writing; ** (Sup. Rev. Code, p. 247. line 7.) for the larceny of any money, bank note, goods, chattels, or other thing of the value of twenty dollars or less; *** (Ibid. p. 242, line 5.) for buying or receiving any stolen goods, bank note, or other paper of value, knowing the same to be stolen; **** (Rev. Code, vol. i. p. 589, line 9; Sup. p. 244, line 3. ) and for negligently setting fire to any wood, fence, field, or anything capable of spreading fire, and thereby injuring another. **** (Sess. Acts 1834-5, pp. 46 et 65, line 2.) Many of the offences here enumerated, if committed by a white person, would be punished by confinement in the penitentiary for a long term.
When a negro or mulatto is found, upon due proof made to any county or corporation court, to have given false testimony, he may be ordered by the court to have both ears nailed to the pillory and cut off, and receive thirty-nine lashes, or such other punishment as the court shall think proper, not extending to life or limb. ***** (Rev. Code, vol. i. p. 431, line 46.)
After a slave has been found guilty of hog-stealing, and punished with stripes, if he be convicted a second time, he may be ordered to stand in the pillory, and have his ears nailed thereto and cut off.* (Rev. Cole, vol. i. p. 574, line 2)
If a slave maliciously set fire to any woods, fence, field of grass, straw, hay, or other such thing capable of taking and spreading fire on lands, or aid and abet therein, he is guilty of felony, but will have the benefit of clergy. ** (Sess. Acts 1834-5, p. 46.) If a slave maliciously set fire to any barn, stable, cornhouse, or other house, he is guilty of felony; but if the injury done by the offence does not exceed fifty dollars, he will have the benefit of clergy. *** (Rev. Code, vol. i. p. 598, line 5.) So, if a slave maliciously set fire to any stack or cock of wheat, barley, oats, corn, or other grain, or to any stack or cock of hay, straw, or fodder, he is guilty of felony; but unless injury be done to the value of fifty dollars, he will have the benefit of clergy. **** (Rev. Code, vol. i. p. 588, page 6; Sup. p. 244) For an offence within the benefit of clergy, the slave is burned in the hand by the jailer in open court, and suffers such corporal punishment as the court think fit to inflict. ***** (Rev. Code, vol i. p. 431, line 45.)
The next class of offences embraces those for which a slave may be sentenced to death, but for which the sentence is never carried into execution. Forgeries, * (Rev. Code, vol i. p. 581; Sess. Acts 1834-5, p. 47.) horse-stealing, ** (Rev. Code, vol. i. p. 575) and feloniously breaking any warehouse or storehouse, and taking therefrom property of the value of four dollars or more, *** (Ibid. p. 588, line 7.) come within this class. What is substituted for the punishment of death will presently be shown.
The justices of every county or corporation are justices of oyer and terminer for trying slaves charged with felony. These trials are by five at least, without juries, upon legal evidence, at such times as the sheriffs or other officers shall appoint; not being less than five, or more than ten days after the offender shall have been committed to jail. **** (Ibid. p. 428, page 32.) No person having any interest in the slave can sit upon his trial. ***** (Ibid. p. 431, page 43.) The court assign counsel to the slave, who is heard in his defense; and the fee of counsel is fixed by the justices, and paid by the owner. For good cause shown, the court may adjourn from time to time, but the trial cannot be delayed, unless by the application of the prisoner, beyond the third term after the commitment; and when the trial comes on, the slave is not condemned in any case, unless all of the justices sitting on his trial agree in opinion that he is guilty. ****** ( Ibid. pp. 431, 2, pages 32 to 35.)
