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Weapons proof made thereof, before any justice of the peace of the county or forfeited to corporation where such seizure shall be made, shall, by his order, be the seizer thereof. forfeited to the seizer, to his own use; and moreover, every such
offender shall receive, by order of such justice, any number of lashes
not exceeding thirty-nine, on his bare back, for every such offence: May be li- Provided, That any justice of the peace may grant, in his proper censed tocar
in: county, permission in writing to any slave, on application of his masry gun with in their own. ter or overseer, to carry and use a gun and ammunition within the er's farm, with owner's
er's limits of his said master's or owner's plantation, for a term not exceed
ing one year, and revocable at any time within such term, at the dis
cretion of said justice. Ib. Sec. 5. $ 8. And to prevent the inconveniences arising from the meeting of Penalty on
slaves, Be it enacted, That if any master, mistress, or overseer of a mitting family shall knowingly permit or suffer any slave not belonging to him slaves, not their own, or her, to be and remain in or about his or her house or kitchen, or to remain on upon his or her plantation, above four hours åt any one time, without tions. leave of the owner or overseer of such slave, he or she so pernitting,
shall forfeit and pay ten dollars for every such offence ; and every owner or overseer of a plantation, who shall so permit or suffer more than five negroes or slaves, other than his or her own, to remain upon his or her plantation or quarter at any one time, shall forfeit and pay ten dollars for each negro or slave above that number, which said several forfeitures shall be to the informer, and recoverable with costs, before any justice of the peace of the county or corporation where such offence shall be committed: Provided, That nothing herein contained shall be construed to prohibit the negroes or slaves of one and the same owner, though seated at different quarters, from meeting with their owner's or overseer's leave, upon any plantation to such owner belonging, nor to restrain the meeting of slaves, on their owner's or overseer's business, at any public mill; nor to prohibit their meeting on any other lawful occasion, by license in writing from their owner or overseer, nor their going to church, and attending divine service on the Lord's day, and
between sunrising and sunsetting. 18. Sec. 6. $9. Riots, routs, unlawful assemblies, trespasses, and seditious Riots, &c., by
speeches, by a slave or slaves, shall be punished with stripes, not exished with ceeding thirty-nine, at the discretion of a justice of the peace ; and he stripes.
who will, may apprehend and carry him, her, or them, before such
justice. Id. Sec. 7. § 10. If any white person, free negro or mulatto, shall at any time Penalty on be found in company with slaves, at any unlawful meeting, such perfor attending son being thereof convicted before any justice of the peace, shall forfeit unlawful meeting, or
or and pay twenty dollars for every such offence, to the informer, recoharboring verable with costs before such justice. 16. Sec. 8. $ 11. Every justice of the peace, upon his own knowledge of such Powers of unlawful meeting, or information thereof to him made within ten days justices of the peace in after, shall issue his warrant to apprehend the persons so met or ss
ase of such sembled, and cause them to be brought before him, or some other unlawful
justice of his county or corporation, to be dealt with as this act directs;
and every justice failing herein, shall forfeit and pay ten dollars for Penalty on every such failure ; and every sheriff or other officer, who shall fail,
e sheriffs and
upon knowledge or information of such meeting, to endeavor to supother offi cers for not press the same, and bring the offenders before some justice of the endeavoring to suppress
6 peace to receive due punishment, shall be liable to the like penalty of unlawful ten dollars ; both which penalties shall be to the informer, and recomeetings.
verable with costs, by action of debt, in any county or corporation court; and every under-sherff, or constable who, upon knowledge or information of such meeting, shall fail to perform his duty in suppress
ing the same, and apprehending the persons so assembled, shall forfeit and pay ten dollars for every such failure, to the informer, recoverable with costs, before any justice of the county or corporation wherein such failure shall be.
$ 12. No person whatsoever shall buy, sell, or receive, of, to, or from Ib. Sec. 9. a slave, any commodity whatsoever, without the leave or consent of Trading with
Oslaves prohithe master, owner, or overseer of such slave, expressive of the arti- bited. cles so permitted to be bought, sold, or bartered. And if any person shall presume to deal with any slave, without such leave or consent, be or she so offending, shall forfeit and pay to the master or owner of such slave, four times the value of the thing so bought, sold, or re- Penalty. ceived, to be recovered with costs by action upon the case, in any court having cognizance of the same, and shall also forfeit and pay the further sum of twenty dollars, to any person who will sue for the same, with costs before any justice of the peace ; or on failure or refusal so to pay, shall, by order of such justice, be committed to prison, until he or she make such payment; and any slave offering to sell any Punishment article, without leave in writing from his master or owner, shall re-offslave for ceive ten lashes, by order of any justice of the peace before whom he sell, &c. or she is convicted.
$ 13. If any master or owner of a slave, shall license such slave to Ib. Sec. 10. go at large and trade as a freeman, the master or owner shall forfeit,
to license and pay the sum of fifty dollars, one moiety to the use of any person their slaves
to trade as suing for the same, and the other moiety to the use of the territory ; freemen, and if after conviction, such slave shall be found so going at large and trading, the master or overseer shall again be liable to the like penalty, to be recovered as aforesaid, and so, as often after conviction as such slave shall be found so going at large and trading.
$ 14. If any person shall permit his or her slave to go at large, or 1b. Scc. 11. zire him or herself out, every person or persons so offending, shall large, or hire orfeit and pay to the use of the territory, the sum of fifty dollars; and themselves t shall be lawful for any person to apprehend and carry such slave efore a justice of the peace, in the county or corporation where apprehended, and if it shall appear to the justice that such slave comes Mode of provithin the purview of this act, he shall order him or her to the jail of seeing slave he county or corporation, there to be safely kept until the next court, and owner. Then, if it shall be made to appear to the court, that the slave so orered to jail hath been permitted or suffered to hire him or herself out, ontrary to the meaning of this act, the court shall immediately proped to enter up judgment, and award execution against such offender, of the amount of said forfeiture with costs : Provided, That if the wner or holder of such slave or slaves shall enter into bond before id justice, payable to the governor and his successors in office, with ufficient security, in double the amount of said forfeiture, conditioned appear at the next county court of the proper county, to do and reive what shall be enjoined him by the court, then such slave may suffered to remain with his or her owner. 5 15. All runaway slaves may be lawfully apprehended by any per- Ib. Scc. 12. n, and carried before the next justice of the peace, who shall either Runaway
slaves, how mmit them to the county jail, or send them to the owner, if known, to be dealt 10 shall pay for every slave so taken up, the sum of six dollars to with
person apprehending him or her, and also all reasonable costs and Irges. $16. And whereas many times slaves run away and lie out, hid, 11. Soc. 13.
Powers of I lurking in swamps, woods, and other obscure places, killing hogs, 1
justices with I committing other injuries to the inhabitants of this territory; there- respect to
cout-lying ?, Be it enacted, That in all such cases, upon intelligence given of slaves.
two or more slaves lying out as aforesaid, any one justice of the peace of the county where the slaves are supposed to lurk or to do mischief, is required, by warrant, reciting their names and owners' names if known, to direct the provost of the patrols to take such power with him as he shall think fit and necessary for the effectual apprehending of such out-lying slave or slaves, and go in search of them, and upon their being apprehended, to commit them or any of them, to the jail of his county for further trial ; and for every such out-lying slave by him
apprehended and committed to jail as aforesaid, he shall be entitled to Reward, for a reward of thirty dollars, to be paid out of the territorial treasury, ing out.lving three-fourths of which sum shall be reimbursed to the treasury by the
owner of such slave: Provided, That if the owner be an inhabitant of this territory, the said sum shall be added to his tax for the current year, and be collected and accounted for in the same manner as other public taxes are: And provided also, That any other person or persons who shall apprehend and commit to jail as aforesaid, any outlying slave, shall be entitled to the same reward for every such appre
hension and commitment. Ib. Scc. 14. 17. All slaves are hereby probibited from keeping dogs, under any Slaves probal pretence or consideration whatsoever; and the slave or slaves so offending dogs. ing, upon complaint thereof before any justice of the peace, shall be
punished with not exceeding twenty-five stripes for every such offence, and the master or owner who shall permit his slaves to keep dogs contrary to this law, shall forfeit and pay the sum of five dollars for each dog so kept, to the use of the person complaining; and moreover, shall make good all damages done by dogs appertaining to, or
kept by any of his or her slaves. Ib. Sec. 15. 18. No slave shall be allowed to own any horse, mare, gelding, Slaves mot to or mule; and if any slave shall actually own such property, the same
shall be forfeited and sold under the direction of the court of the county where such property shall be so owned; one moiety of the proceeds for the use of the territory, and the other moiety to any person who will sue for the same. It is also forbidden to slaves to keep
hogs running at large, or to keep in enclosures more than they can they may keep bogs. conveniently maintain, the number of which to be regulated by the
several owners, and to be distinctly marked, and register thereof made
for the inspection of any person who shall require to see the same. 11. Sec. 16. 19. And whereas, it has been the humane policy of all civilized unusual pun. nations, where slavery has been permitted, to protect this useful but ishment to degraded class of men from cruelty and oppression; therefore, Be it on slaves. enacted, That no cruel or unusual punishment shall be inflicted on
aný slave within this territory. And any owner of slaves authorizing or permitting the same, shall, on conviction thereof, before any court having cognizance, be fined according to the nature of the of sence, and at the discretion of the court, in any sum not exceeding
two hundred dollars, for the use of this territory. Id. Sec. 18. Ø 20. If any slave shall, at any time, consult, advise, or conspire Conspiring or advising
to rebel, or make insurrection, or shall plot, or conspire the murder rebellion.. of any person or persons whatsoever, every such consulting, plotting,
or conspiring shall be adjudged and deemed selony, and the slave or slaves convicted thereof, in manner hereinafter directed, shall suffer
death. Ib. Sec. 20. 21. The trial of a slave for felony, or any capital offence, shall Trial of
fe. be in all respects similar to the trial of a free citizen or inhabitant, for lony, or capi- the like offence, except that the jury, or two-thirds at least thereof, tal offence.
1 But see “Criminal Law,"— Trial of Persons of Color.
own any horse or mare.
In what manner
No cruel or
slave for fe.
empannelled for such trial, shall be composed of owners of slaves. And the court may take for evidence, the confession of the offender, the oath of one or more credible witnesses, or such testimony of slaves, or negroes, with pregnant circumstances, as to them shall seem convincing. $ 22. When any slave shall be convicted of any offence within the sb. Sec. 21.
Benefit of benefit of clergy; judgment of death shall not be given against him Clerg or her upon such conviction; but he or she shall be branded on the face or breast by the jailer in open court, and suffer such corporal punishment as the court shall think fit to inflict, except where le or she once had the benefit of this act, and in those cases, such slave or negro shall suffer death without benefit of clergy.1
$ 23. All slaves emancipated shall be liable to be taken by execu- 1805—(5) tion to satisfy any debt contracted by the person emancipating them, Limble for before such emancipation is made.
debts conØ 24. Any slave in this territory claiming his or her freedom, shall foreted abeci proceed by petition to the circuit court of the county where his or her pation.
Ib. Sec. 2. master or owner shall reside, who, if the slave be in his or her pos- Slaves may session, shall enter into bond with approved security to the governor, sue for their
freedom by in a sam to be adjudged of by the court, that the said slave shall be petition to forthcoming and subject to the order of said court, and that he will the circuit abide by the judgment the said court may render in the premises; in Preliminary which case such slave shall remain in the service of his owner, or proceedings. person claiming him or her, until the determination of the suit; and if out of the possession of his or her owner, or person claiming him or her, such slave shall enter into recognizance with sufficient security, to be approved of by the court, to make good to his or her owner all such costs and damages as he shall have incurred, in consequence of the application of such slave for the recovery of his freedom, in case he eventually fail in substantiating the same, and that he will be forthcoming and abide the sentence of the said court : *which power vested (a 1815—(3) in said court, to take bonds and recognizances, may be exercised by set. 1.] a judge of the territory, out of court as well as in court.
© 25. When any slave shall be committed to the jail of any county 1809—(7) as a runaway, and such runaway slave shall not be claimed and proved Sec. 1.
Runaway by the owner thereof within six months from the first publication slave com. of the commitment of such slave, in some newspaper published in mi
jail, if not his territory, it shall be lawful for the sheriff of the proper county to claimed by
his owner, in ell said runaway slave at public auction, at the court-house of his pro- six months Per county, upon giving at least thirty days' previous notice of such after publiale, by advertisement published in some newspaper in this territory, commitment, ut the court-house of the proper county, and at least two other pub-may be sold ir places within the same; and out of the proceeds arising from riff. he sale of any runaway slave as aforesaid, the sheriff shall be entitled
the same commission and fees as are allowed in cases of execution ; nd the balance, after paying all prison fees, and the maintenance of Proceeds, af.
ter deducting aid runaway slave while in jail, shall be for the use of the proper te
expenses, to punty : Provided, That if the owner of such runaway slave shall, go to the fter such sale, prove his property in any such slave, the proper coun- Owner, on r shall pay to him the amount that shall have been paid into the proof, may unty treasury, on account of the sale of such slave, but the right to amount paid, ry slave sold as aforesaid, shall be and remain vested in the purchaser bu
vest purcha. ider the sale made by the sheriff, as aforesaid, any law to the con- ser’s title. try notwithstanding.
r but not di
But see “Crimes and Misdemeanors," $ 37, abolishing the benefit of clerin all respects.
1992–(17) § 26. It shall not be lawful for any free negro or mulatto, either Noroes not directly or indirectly, to retail any kind of spirituous liquors within this to retail spi. state. rits. Ib. Scc. 2.
27. Any free negro or mulatto, who shall directly or indirectly Penalty. violate the provisions of this act, shall forfeit and pay the sum of ten
dollars for every such offence; recoverable before any court having competent jurisdiction of the same, one half to the informer, and the
other half to be paid into the county treasury. Ib. Sec. 3. $28. Any free negro or mulatto, who shall violate the provisions Punishment for a second
of this act, after having been once convicted and fined, shall, in addioffence. tion to the fine imposed by this act, receive for every such offence,
such corporal punishment on his or her bare back, not exceeding twenty-five stripes, as may be ordered by the court trying the same: Provided, that this act shall not affect any free negro, mulatto, or other person, who by the treaty between the United States and Spain, be came a citizen of the United States, or the descendants of any such
person. 1826—(3) Whereas, great injury and inconvenience are experienced by the Preamble.
citizens of many cities, towns, and neighborhoods, in the state of Alabama, in consequence of the illicit trade and traffic which is encouraged and carried on, by many evil disposed persons, with the
slave population ; for remedy whereof, Sec. 1.
$ 29. Be it enacted, &c. That no person whatsoeveç shall buy, Trading wit slaves's with sell, or receive of, to, or from, any slave or slaves, any commodity out their of any kind or description whatsoever, without the leave or consent of leave, indict. the master, owner, or overseer of such slave or slaves in writing, er
pressing the articles permitted to be bought, sold, or bartered; or ulless the master, owner or overseer of any such slave or slaves, sball personally authorize the same; and if any person or persons shall buy from, or sell to, or deal, or trade or barter with, any slave or slaves, without such consent and permission previously had, given, or obtained,
he, she, or they so offending, shall be subject to indictment; and upon Penalty.
conviction, shall be fined not less than ten dollars, nor more than one hundred dollars, and imprisoned in the common jail of the county, not less than five days, nor more than six months, at the discretion of the jury by whom the indictment is tried, wlio may inflict one or both of
the aforesaid penalties. 1832—(8) 30. From and after the first day of February next, it shall not be Sec. 9.
rsong lawful for any free person of color to settle within the limits of the of color for state ; and should any free person of color, after that time, settle in this settling in the state, to state, he, she, or they shall, on notice of this act, depart within thing receive thir: days, or shall be liable, on conviction before any justice of the pezce, ty-nine lash
to receive thirty-nine lashes; and any person may arrest any such free
person of color, and take him or her before any justice of the peace Not depart. for trial ; and if any such free person of color shall not depart whe ing within state within twenty days after the infliction of the punishment la twenty days after punish- mentioned, he or she shall be liable to be arrested by any person, an ment, to be
be be taken before a justice of the peace for trial, and on conviction by slave for one such justice, shall be ordered to be sold as a slave for the term of year.
year for ready money, ten days' notice being given of the time of sales Proceeds,
one half of which, after paying all the expenses of the prosecutiolla how applied
(which shall be to the justice one dollar, the constable two dollars. summoning the witnesses, attending the trial, and selling the said person of color, and fifty cents a day for each day he may keep sucu person of color, and fifty cents per day for each witness who may tend the trial,) shall be paid to the informer, and the other half o. state. And if any free person of color shall not depart this slate Wild
sold as a