Tuesday, May 6, 2014

My views on the slave codes of North Carolina in the aspect of criminal menace and the restrictions placed on the slaves - Tosin Onibiyo

In my perspective and to my understanding, first of, criminal menace is the act whereby the master is placing/putting his slave in jeopardy of injury or death. And criminal law/menace in the southern states such as the North Carolina Code Act tends to lump together these three categories without any clear differentiation; blacks, slave or free. Part of the code and not specifically described how a master can criminally menace his slave into doing something unlawful for his own benefits/gain and getting the slave suffer for such consequences such as getting convicted for the crime receiving several strokes of lashes, getting transported or even deathpenalty though a master is mostly prohibited in the North Carolina Code from executing their personal slaves or another’s.

 

Reading the Act concerning slaves and free persons of Color, Congress established and placed some restrictions on Negro slaves. Most which stated below:

Section 25 of the slave code describes how slaves are not to be armed with guns, swords, cub or any kind of weapon, and when they do, they have to be punished by the person or persons who saw the slave(s) possessing such weapon as well as take such weapon from the slave.

A slave cannot go off his master’s plantation without a certificate of leave in writing.

 26. No slave shall go from off the plantation or seat of land where such slave shall be appointed to live without a certificate of leave, in writing, for so doing from his or her master or overseer.

No slave is allowed to raise stocks whatsoever, and when a slave does, it shall be seized and sold by the country.

 27. No slave shall be permitted on any pretence whatever, to raise any horses, cattle, hogs or sheep, but all such belonging to any slave, or in any slave's mark, shall be seized and sold by the county. Wardens as directed in the act entitled an act concerning the Poor.

No slave who is able to read or write is allowed to teach another how too. And when done, the slave shall be convicted and receive 39 lashes on bare back.

29. If any slave shall teach or attempt to teach, any other slave to read or write, the use of figures excepted, he or she may be carried before any justice of the peace, and on conviction thereof, shall be sentenced to receive thirty-nine lashes on his or her bare back.

No slaves are allowed to sell spirituous liquors

30. If any Negro slave shall presume to sell any spirituousliquors by retail or otherwise, such slave so offending shall be taken before a magistrate of the county, where he may have committed such offence, and if found guilty, shall receive not exceeding thirty-nine lashes, on his or her bare back.

31. It shall not be lawful for any slave or slaves to play at any game of cards, dice, nine-pins, or any game of hazard or chance, for any money, liquor, or any kind of property, whether the same be staked or not; and any slave so offending shall, upon conviction before a justice of the peace, receive a whipping on his or her bare back, not exceeding thirty-nine lashes.

32. Any slave convicted of setting fire to any woods, under circumstances which, if the offence were committed by a free person, would subject such free person to a penalty, shall be ordered to receive on his bare back thirty-nine lashes.

34. No slave to go at large as a freeman; No slave shall be a freeman fully.

35. No person shall grant permission for any meeting or meetings of the negroes of others, or people of colour, at his, her or their houses, or on his, her or their plantation for the purpose of drinking or dancing, under the penalty of forfeiting twen y dollars on conviction of such offence, in any court having jurisdiction thereof, unless such slave shall have a special permit in writing or otherwise from his or her owner for that purpose.

36. Slaves and free Negroes not to preach in public…And few others.


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