1812-(10) Sec. 7. Rebellion. the law I am to tell you, before you give your evidence, that you must tell the truth, the whole truth, and nothing but the truth; and if it be found hereafter that you tell a lie, and give false testimony in this matter, you must for so doing, have both your ears nailed to the pillory and cut off, and receive thirty-nine lashes on your bare back, well laid on, at the common whipping-post." § 77. If any slave or slaves shall at any time consult, advise, or conspire to rebel, or make insurrection against the white inhabitants of this territory, or against the laws and government thereof, or shall Assault and plot or conspire the murder of any white person, or shall commit an battery with assault and battery on any white person with an intent to kill, every intent to kill. 1814-(2) Sec. 6. Certain crimes by slaves made capital. 1826-(41) Sec. 1. ted on slave such slave or slaves, so consulting, advising, conspiring, or plotting, or committing such assault and battery, as aforesaid, with such intent to kill as aforesaid, being convicted thereof, shall suffer death. § 78. If any slave shall maim a free white person, or shall attempt to commit any other capital crime, or shall be voluntarily accessory before or after the fact, in any capital offence, or shall be guilty of the manslaughter of any free person, or shall be guilty of burning any dwelling-house, out-house, barn, or stable, or shall be accessory thereto, or shall be guilty of any crime made capital by law, or shall be accessory to any crime herein named, any such slave shall, on conviction, suffer death. § 79. If any slave or free person of color, shall hereafter be tried and found guilty of the crime of manslaughter, committed on the ter commit body of any other slave or free person of color, such slave or free or free per person of color, so offending, shall receive not less than thirty-nine, son of color. nor more than one hundred lashes, on his or her bare back, at the discretion of the jury trying the offence, to be inflicted by the sheriff of the county, in which said slave or free person of color shall be found guilty; and moreover, such slave or free person of color, shall be branded in the forehead with the letter M. (1) 1831-(7) Sec. 1. Attempt to commit rape on white female. § 80. If any slave, or free person of color, shall attempt to com mit a rape on any free white female, such slave, or free person of color shall, on conviction, suffer death. NOTE. A few other offences of a less serious character, committed by per sons of color, or in relation to them, will be found under the head of "Slaves and Free Persons of Color." It was found impossible to detach them from the general law on that subject, without leaving it imperfect, and to some extent unintelligible. Con. Ala. Sec. 10. criminal ca ses. CRIMINAL LAW. 1. CONSTITUTIONAL PROVISIONS. § 1. In all criminal prosecutions, the accused has a right to be heard by himself and counsel; to demand the nature and cause of the accusaRights of the tion, and have a copy thereof; to be confronted by the witnesses against accused in him; to have compulsory process for obtaining witnesses in his favour; and in all prosecutions, by indictment or information, a speedy public trial by an impartial jury of the county or district in which the offence shall have been committed: he shall not be compelled to give evidence against himself, nor shall he be deprived of his life, liberty, or property, but by due course of law. (1) A slave may be punished by whipping and branding, when convicted of manslaughter on an indictment for murder. The State v. Peter, 1 Stewt. Rep. 38. No person accused, &c. 2. No person shall be accused, arrested, or detained, except in rb. Sec. 11. cases ascertained by law, and according to the forms which the same has prescribed; and no person shall be punished, but in virtue of a except by law, established and promulgated prior to the offence, and legally ap plied. law. fences, how §3. No person shall, for any indictable offence, be proceeded b. Sec. 12. against criminally, by information; except in cases arising in the Indictable of land and naval forces, or the militia when in actual service, or, by proceeded leave of the court, for oppression or misdemeanor in office. §4. No person shall, for the same offence, be twice put in jeo- b. Sec. 13. pardy of life or limb. against. No person twice tried. 5. Excessive bail shall not be required, nor excessive fines im- Ib Sec. 16. posed, nor cruel punishments inflicted. Bail, fines and punish Ib. Sec. 17. § 6. All persons shall, before conviction, be bailable by sufficient ments. securities, except for capital offences, when the proof is evident, or Bailable of the presumption great; and the privilege of the writ of " "habeas corpus" shall not be suspended, unless when, in cases of rebellion, or pus. invasion, the public safety may require it. fences. Habeas cor Attaints. 7. No person shall be attainted of treason or felony by the general b. Sec. 20. assembly. No attainder shall work corruption of blood, nor forfeiture of estate. Sec. 17. §8. The style of all process shall be "The State of Alabama," Art. 5. and all prosecutions shall be carried on in the name, and by the au- Style of prothority of the state of Alabama, and shall conclude " "against the peace and dignity of the same." cess. § 9. No person shall be convicted of treason, unless on the testi- Art. 6. mony of two witnesses to the same overt act, or his own confession Sec. 2 in open court. Treason. Prosecutions for libel. $10. In prosecutions for the publishing of papers investigating the b. Sec. 14. official conduct of officers or men in public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence; and in all indictments for libels, the jury shall have a right to determine the law and the facts under the direction of the courts. 2. PRELIMINARY PROCEEDINGS BY Justices of the PEACE, &c. warrant. 11. It shall be lawful for any one justice of the peace, upon com- 1807—(18) plaint made before him upon oath, that there is reason to suspect that Justice may stolen goods are knowingly concealed in any dwelling-house, out- issue searchhouse, garden, yard, croft, or other place or places, to issue a warrant under his hand, commanding every such dwelling-house or place to be searched in the day-time; and the person knowingly concealing such stolen goods, or any part thereof, or in whose custody the same or any part thereof, shall be found, such person being privy thereto, shall be deemed guilty of a misdemeanor; and shall be brought before Concealer of any justice of the peace for the county or place, and made amenable to stolen goods, answer for the same, by like warrant of any such justice, and on con- ished. viction shall be punished by fine and imprisonment, or whipping, as the court shall think fit to inflict, although the principal felon be not before convicted of the said felony, and whether such felon be amenable to justice or not. how punish Sec. 20. Justices em powered to §12. Justices of the peace shall have power and authority to take 1814-(17) all manner of recognizances, with or without security, for good beha vior, to keep the peace, or for appearance at the superior court, as the case may be, to answer to charges exhibited, or crimes committed in the view of such justices, or any of them, and whereof they have not take recognizances, to jail. Recogni zances, to be competent power to hear and determine: and in case any person or persons shall refuse to enter into recognizance as aforesaid, and to find security when thereunto required, it shall and may be lawful for such or commit justice or justices to commit the person so refusing to jail, there to remain until he shall comply with the order of such justice or justices; and all recognizances for the peace, good behavior, or appearance at any court, or for suspicion of any manner of crime, shall be certified before the superior court of the county to be holden next after the taking thereof, without concealing or detaining the same; and if any person shall forfeit his recognizance of the peace, good behavior, or appearance, the recognizance so forfeited, with the record of default, or cause of forfeiture, shall be sent and certified without delay, by such justice or justices, into such court. certified to court. Also any for feiture there of. Ib. Sec. 21. Justices to issue war public of fenders, and commit or bind them over. rants. § 13. Justices of the peace shall, by warrant under their hand and seal, cause any person charged on oath of having committed, or being rants against suspected of, any felony or other crime or misdemeanor, to be apprehended and brought before him; to commit such person to jail1 where the offence is not bailable, or where the offender is either unable or unwilling to give bail, to appear and answer to the crime alleged against him or her; to take the recognizance or recognizances of any person charged with any crime not punishable with death, with sufficient security, to appear at the next superior court of his or her county, and answer the charge; and the recognizance or recogniSearch-war zances of prosecutors and witnesses; and to issue search-warrants for stolen goods, on the oath of some credible person, particularly describing the place suspected, and intended to be searched: Provided, That in no case whatever, shall any justice of the quorum, or of the peace, try the right of any property alleged to have been stolen; but contested, in all such cases, where the property so alleged to be stolen is claimshall remain ed by two or more persons, the justice of the quorum, or of the peace, son in pos- shall require of the person in whose possession the same was found, session, un to give security for the forthcoming of the property at the next term of the superior court, to abide the judgment or decision of said court; and in case such person does not give the security required by this act, then the justice may deliver the property to any other person, upon their entering into the like bond and security. Justice not to try right of property stolen, which, if with the per less he fail to give bond. Ib. Sec. 22. take exami fenders, nesses. that he may §14. When any person charged with felony, breach of the peace, Justices to or other crime, shall be brought before any justice of the quorum, or nation of of of the peace, such justice shall immediately proceed to take the volunand informatary information of the accused in writing, and the information on oath tion of wit of all witnesses that appear against him or her, touching the crime To inform alleged to be committed; and it shall be the duty of said justice to inthe prisoner form the accused of his or her privilege, to ask any question he or she ask ques- may think proper; which questions, with their answers, shall be retions, &c. duced to writing by said justice, and it shall be the duty of said jusbe returned tice, to send up the recognizance or recognizances of the accused, the prosecutor, and of the witnesses, with the information of the accused and of the witnesses, to the next superior court of their county, before [a 1814-(6) the sitting of the court, on the first day of the term; and any justice Penalty for failing so to do, shall be fined in any sum not exceeding fifty dollars, to be recovered on motion of the attorney-general, in the superior court, on three days previous notice of such motion." all which to to court. neglect of duty. 1 See "Prisons and Prisoners." § 7. The following section of an act passed February 7, 1807, although intend ed to be superseded by the above law, contains certain directory provisions, with regard to the examination of offenders, which render it important to be retained. The preceding sections of the act, conferring on justices of the peace, If offender county, war. run, and be tice. 15. When any person charged with any criminal offence, removes b. Sec. 23. or escapes from the county where such offence is alleged to be com- removes to mitted, into another county, it shall be the duty of any justice of the another county, to which such person may have removed or escaped, on proof rant may of the hand-writing of any justice of the county where the offence was endorsed by committed, to endorse any warrant issued by him, which shall be suf- another jusficient authority for arresting such offender, in any place within the jurisdiction of such justice, and such criminal shall be conveyed for examination, to some justice of the quorum, or of the peace within the county, where the offence is charged to have been committed; and subpoenas for witnesses may issue to any county on the part of the Subpenas territory, where it is necessary for bringing an offender to justice, may issue to which shall be executed by some officer authorized to execute process Any justice in said county, where such witness may reside; and any justice of the may issue county to which any offender may have removed or escaped, on the and convey oath of any credible person, may arrest and have conveyed to the proper county for examination, any person charged with felony or ty." other crime. any county. warrant, offender to proper coun Sheriff or co take recogn § 16. When any sheriff, deputy sheriff, or coroner, shall execute a 1832—(40) capias upon any person charged by indictment or presentment, with Sec. 1. an offence against the laws of this state, and wherein bail before a roner may justice of the peace, by law is allowed to be taken, such sheriff, de- izances. puty sheriff, or coroner, as the case may be, shall be authorized to take the recognizance of the defendant, and security or securities for his, her, or their appearance at court, to answer to the charge against him, which recognizances shall by the officer taking them, be returned to the proper court, certified in the same manner, and shall have the same effect, as if taken before a justice of the peace, or judge; and the sheriff, deputy sheriff, or coroner, taking the same, shall receive the same compensation which is allowed justices of the peace for like services, and shall be liable to the same penalties for failing to return the same to court. 3. FELONS AT LARGE AND FUGITIVES. Sec. 1. Governor 17. The governor is hereby authorized, by proclamation, to offer 1818 (15) a reward not exceeding four hundred dollars, for the apprehension of any person who may be charged with any capital offence, and may authorized have escaped from prison, or the custody of a legal officer, or who ward. may have eluded arrest by flight or otherwise. to offer re Draw on treasurer. 18. The governor shall be authorized to draw on the territorial Ib. Sec. 2. treasurer for any amount which may become due to any person or persons, in conformity to the provisions of this act. Sec. 1. 19. When the executive authority of any of the United States or 1814—(15) territories thereof, shall demand any person as a fugitive from justice, Fugitives of the executive authority of this territory, and shall moreover pro- from other similar seded. powers to those given by the act of 1814, are clearly and totally super "Sec. 4. It shall be the duty of the justice of the peace, when taking the information of witnesses as aforesaid, and likewise of the coroner when taking an inquisition in a case of murder or manslaughter, to inform the party accused, if he should be then in custody, that he will be permitted to ask the witness any proper questions; and such justice or coroner shall commit the same to writing, together with the answers, and shall read over the information given by such witness, to the said witnesses, and correct the same, if necessary, by making such additions thereto, as the witnesses may respectively require, before he shall certify the same." states to be arrested and delivered up on demand of the execu· tive thereof. Ib. Sec. 2. Executive of this state to demand duce a copy of an indictment found, or an affidavit made before a magistrate of any of the United States, or territories as aforesaid, charging the person so demanded with having committed treason, felony, or other crime, certified as authentic, by the governor or chief magistrate of the state or territory from which the person so charged fled : it shall be the duty of the executive authority of this territory, to cause such person so demanded, if found within the territory, to be arrested and secured, and notice of the arrest to be given to the executive making such demand, or to the agent of such authority appointed to receive the fugitive, and to cause the fugitive to be delivered to such agent when he shall appear, upon the condition that said agent shall pay all legal costs which may accrue in apprehending and imprisoning such fugitive, and the said agent shall be empowered to transport him or her to the state or territory from which he or she shall have fled: Provided, That if no such agent shall appear within six months from the time of the arrest, the prisoner may be discharged. 20. The executive authority of this territory shall have power and authority to demand and receive any person as a fugitive from justice, empowered of the executive authority of any of the United States, or the other territories thereof, to which such person shall have fled, in the same manner and under the same rules and regulations as prescribed by the foregoing section. fugitives. 1814-(6) Sec. 3. 4. Indictments, Presentments, aND ACTIONS POPULAR. 621. It shall be the duty of the attorneys general respectively, to Indictments prefer all indictments, within the first three days of the terms of each of the superior courts. preferred within first three days. 1-07-(6) Sec. 31. What averments are sufficient in an indict ment for perjury. Ib Sec. 32. jury. § 22. In all prosecutions against any person for wilful and corrupt perjury, it shall be sufficient to set forth the substance of the offence charged upon the defendant, and by what court, or before whom, the oath or affirmation was taken, averring such court, person, or persons, to have competent authority to administer the same, together with a proper averment or averments, to falsify the matter or matters, wherein the perjury or perjuries is or are assigned; without setting forth the bill, answer, information, indictment, declaration, or any part of any record or proceeding, either in law or equity, other than as aforesaid; and without setting forth the commission or authority of the court; or the commission or authority of the person or persons before whom the perjury was committed. § 23. In all prosecutions for subornation of perjury, or for corrupt indictinent bargaining or contracting with others to commit wilful and corrupt perfor suborna jury, it shall be sufficient to set forth the substance of the offence of per charged upon the defendant, without setting forth the bill, answer, information, indictment, or declaration, or any part of the record or proceeding, either in law or equity, and without setting forth the commission or authority of the court, or person or persons before whom the perjury was committed, or was agreed or promised to be committed. § 24. If any person or persons shall be prosecuted by information or indictment, for the writing or publishing any libel, it shall be lawits truth may ful for the defendant, upon the trial of the cause, to give in evidence in his defence, the truth of the matter contained in the publication charged as a libel; and the jury who shall try the cause, shall have a right to determine the law and the fact, under the direction of the court, as in other cases. Ib. Sec. 46. In prosecu tion for libel, be given in evidence. |