| Date | May, 1751 |
|---|---|
| Law/Legislation | Law |
| Jurisdiction | MD |
| Title | An Act for the more effectual Punishment of Negroes and other Slaves, and for taking away the Benefit of Clergy from certain Offenders: And A Supplementary Act to an Act entituled, An Act to prevent the tumultuous Meeting and other Irregularities of Negroes and other Slaves, and directing the Manner of trying Slaves. |
| Description/Full Text | [Preamble.] Whereas the Laws in Force for the Punishment of Slaves are found insufficient to prevent their committing very great Crimes and Disorders, and that a further Provision is necessary to keep them in proper Bounds and due Order; and for a more speedy Method to bring them to Justice than is prescribed by the Laws heretofore made. [Crime punishable with Death.] Be it therefore Enacted by the Right Honourable the Lord Pro- prietary, by and with the Advice and Consent of his Lordship's Gov- ernor, and the Upper and Lower Houses of Assembly, and the Au- thority of the same, That if any Slave or Slaves shall at any Time consult, advise, conspire, or attempt to raise any Insurrection within this Province, or to murder or poison any Person or Persons what- soever, or to commit a Rape upon any white Woman, or to burn any House or Houses, and be thereof convict by Confession or Verdict, or who shall of Malice stand mute, or peremptorily challenge above the Number of twenty Jurors, shall suffer Death as in Cases of Felony, without Benefit of Clergy. And be it further Enacted, That any Slave, who shall attempt to burn any Dwelling-House, or Outhouse contiguous to, or used with any Dwelling-House, or any other House wherein there shall be any Person or Persons, or any Goods, Merchandizes, Tobacco, Indian Corn, or other Grain or Fodder, and shall be thereof convict as aforesaid, shall suffer Death as a Felon, without Benefit of Clergy. [Manner of trying Slaves.] And be it further Enacted, That every Slave committing any of the Felonies herein before mentioned, or any other Offence which may by Law Subject such Slave to the Pains of Death, shall be com- mitted to the Sheriff of the County where the Offence shall be com- mitted; and that at the next Assizes or County Court, which shall first happen to be held for the County where the Offence shall be committed, the Justices of Assize, or either of them, or County Court, which shall first happen, shall and may, by Virtue of this Act, try every such Offender or Offenders according to Law; and upon the Conviction of the Offender or Offenders, upon his, her, or their voluntary Confession, or the Verdict of a Jury upon the Testimony of one or more legal or credible Witness or Witnesses, or even the Testimony or the Evidence of other Slaves, corroborated with such pregnant Circumstances as shall convince and satisfy the Jury who shall try the Fact, of the Guilt of such Slave or Slaves, to give Judg- ment according to the Nature and Quality of the Offence. [Punishment of Slaves giving false Testimony.] And be it further Enacted, That any Slave or Slaves, who shall give any false Testimony against any Slave or Slaves who shall be prosecuted as aforesaid, and shall be thereof legally convict, shall have one Ear cut off on the Day of his or her Conviction, and re- ceive thirty-nine Stripes on the bare Back, and that the other Ear shall be cropp'd the next Day, and the like Number of Stripes given the Offender on his or her bare Back. And to the End that such Slave or Slaves, as shall be produced as a Witness or Witnesses against other Slave or Slaves, may be de- terred from giving false Testimony, Be it Enacted, That the Justices of Assize, or either of them, then sitting, or the Justice of the County Court who shall preside, shall admonish and charge such Witness or Witnesses to declare the Truth, the whole Truth, and nothing but the Truth; and acquaint him, her, or them, with the Danger and Conse- p. 537 quence of giving false Testimony. [Owners of executed Slaves to be paid the Value of them.] And be it further Enacted, That when any Slave shall be con- demned to suffer Death, that such Slave shall be valued by the Jus- tices of Assize, or either of them, then present, or County Court, according to the best of their Knowlege; which said whole Value shall be paid by the Treasurer of the respective Shore on which such Execution shall be, on the Certificate of such Sheriff, out of the Public Stock of this Province in the Hands of such Treasurer, with- out Fee or Reward, to the Master or Owner of such Slave, in case the said Slave be actually executed, [Slaves rambling, &c., how punished.] And be it further Enacted, That where any Slave shall be guilty of rambling, riding, or going abroad in the Night, or riding Horses in the Daytime without Leave, or running away, it shall and may be lawful for the Justices of the County Court, and they are hereby obliged, upon the Application or Complaint of the Master or Owner of such Slave, or to his, her, or their Order, or on the Application or Complaint of any other Person who shall be any ways dampnified or injured by such Slave, immediately such Slave to punish by whip- ping, cropping, or branding in the Cheek with the Letter R, or other- wise, not extending to Life, or to render such Slave unfit for Labour. And be it likewise Enacted, That if any Slave shall happen to be slain for refusing to surrender him or herself, contrary to Law, or in unlawful resisting any Officer or other Person who shall appre- hend, or endeavour to apprehend such Slave or Slaves; and such [Slaves killed in refusing to surrender, to be paid for by the Public.] Officer or other Person, so killing such Slave as aforesaid making Resistance, shall be, and he is by this Act indemnified from any Prosecution for such killing aforesaid: And that in every such Case, such Slave or Slaves shall be valued by two reputable Persons, not being of Kin to the Master or Owner of such Slave, upon Oath to be administred unto them, and to be appointed by the then nearest Magistrate, well and truly to value what such Slave was worth, to the best of their Knowlege, without Favour or Partiality; and that the whole Value of such Slave or Slaves shall be certified by such Per- sons to such Magistrate; and that the same shall be paid to the Owner or Owners of such Slave or Slaves, or to his, her or their Order, by the Treasurer of the respective Shore of this Province on which the same Death happened, upon a Certificate from the said Magis- trate of the Death and Value of such Slave or Slaves, out of the Public Stock of this Province in the Hands of such Treasurer, with- out Fee or Reward. [Free Persons or white Servants enticing Slaves to run away.] And be it further Enacted, That if any free Person shall entice and perswade any Slave within this Province to run away, and who shall actually run away from the Master, Owner, or Overseer, and be convicted thereof by Confession, or Verdict of a Jury, upon an In- dictment or Information, shall forfeit and pay the full Value of such Slave to the Master or Owner of such Slave, to be levied by Execu- tion on the Goods, Chattels, Lands, or Tenements of the Offender ; and in Case of Inability to pay the same, shall suffer one Year's Imprisonment without Bail or Mainprize. And that if any white Servant shall entice or perswade any such Slave to run away, and who shall actually run away, that the Offender shall, after the Ex- piration of his Time of Servitude, become a Servant to the Master or Owner of such Slave, for and during the Term of four Years, or satisfy and pay to the Master of Owner the Value of such Slave; to be adjudged in either Case at the Tryal, by the Court before whom the Fact shall be tried; and that the Fact may be tried either in the County where the Offences shall be committed, or where the Of- fender or Offenders shall be taken or apprehended. [Sheriffs to read this Act at County Courts.] And to the End this Act may be known by all Sorts of People, Be p. 538 it Enacted by the Authority aforesaid, That the several Sheriffs within this Province shall read, or cause this Act to be read, at the Court-House Door, on the second Day of each of the four County Courts in every Year, during the Continuance of this Act, on Pain of forfeiting five Pounds Current Money for every Neglect; to be recovered as aforesaid, with Costs of Suit, by Indictment or Infor- mation, in the Court of the County where such Neglect shall happen, and be applied to defray the County Charge. [Proviso.] Provided always, That where any Money shall be paid by Virtue of any Act or Acts of this Province, for any Slave or Slaves who shall die in Goal after Sentence, or shall be executed; It is hereby Declared and Enacted, That such Payment shall be made for such Slave or Slaves who were actual Inhabitants within this Province, at the Time of such Fact committed, and not otherwise. [Continu- ance of this Act.] This Act to continue for three Years, and unto the End of the next Session of Assembly which shall happen after the End of the said three Years. |
| Additional Information | – |
| Source | https://msa.maryland.gov/megafile/msa/speccol/sc2900/sc2908/000001/000046/html/am46--618.html http://slavery.msa.maryland.gov/html/research/histlaw.html |
| Transcriber Notes | – |
If you are citing this record, please use the following format:
[Author (if known)], Laws and Legislation Related to Slavery and Free Blacks in Delaware, Maryland, and Virginia (1642-1860), [Date (if known)], Enduring Connections: Exploring Delmarva’s Black History, Nabb Research Center, Salisbury University.
Pinned records can be viewed at any time by clicking the More menu in the top right corner of the page, then selecting My Pinned Records.