Punishments For Slaves Who Break The Law

Slave codes were laws relating to slavery and enslaved people, specifically regarding the Atlantic slave trade and chattel slavery in the Americas. Slave codes were based on the concept that enslaved people were property, not persons. The punishment for a slave breaking the law varied depending on the colony or state, but often included whipping, branding, imprisonment, or even death. In Virginia, a slave code from 1669 declared that masters who killed slaves deemed to be resisting were exempt from felony charges. In Missouri, a series of laws passed in 1825 regulated slavery, including the creation of slave patrols who were allowed to administer ten lashes to an enslaved person caught strolling about... without a pass. The Fugitive Slave Acts, passed by Congress in 1793 and 1850, also allowed for the capture and return of runaway enslaved people, with harsh penalties for those who aided in their flight.

Slave codes: slaves had few legal rights, and slave codes varied from colony to colony

Slave codes were laws relating to slavery and enslaved people, specifically regarding the Atlantic slave trade and chattel slavery in the Americas. These laws were based on the concept that enslaved people were property, not persons. The primary colonial powers all had different slave codes, which varied from colony to colony.

French colonies, after 1685, had the Code Noir. The Spanish had some laws regarding slavery in Las Siete Partidas, an older law not designed for the slave societies of the Americas. English colonies largely had their own local slave codes, mostly based on the codes of either Barbados or Virginia. For example, the Virginia slave code of 1669 declared that masters who killed slaves deemed to be resisting were exempt from felony charges.

In addition to these national and state- or colony-level slave codes, there were also city ordinances and other local restrictions regarding enslaved people. For instance, in the 1830s, the state of Missouri passed a law banning the "publication, circulation, and [sharing]" of abolitionist literature.

All the slave codes had certain provisions in common. In all of them, the colour line was firmly drawn, and any amount of African heritage established the race of a person as Black, regardless of whether the person was enslaved or free. The status of the offspring followed that of the mother, so the child of a free father and an enslaved mother was also a slave. Slaves had few legal rights: in court, their testimony was inadmissible in any litigation involving white people; they could make no contract, nor could they own property; even if attacked, they could not strike a white person.

There were also numerous restrictions to enforce social control. Slaves could not be away from their owner's premises without permission, could not assemble unless a white person was present, could not own firearms, could not be taught to read or write, nor could they transmit or possess "inflammatory" literature; they were not permitted to marry.

Obedience to the slave codes was enforced through punishments such as whipping, branding, and imprisonment. Some enslaved people, especially those who committed violence against whites, were killed, although this was relatively rare as slaves were valuable property.

Slave patrols: groups of White residents who could visit slave quarters and administer punishments

Slave patrols, also known as patrollers, pattyrollers, or paddy rollers, were groups of armed men who monitored and enforced discipline on slaves in the antebellum US southern states. They were first established in South Carolina in 1704 and spread throughout the colonies before ending after the Civil War. These patrols were formed of non-slave-owning white citizens, often from working and middle-class backgrounds, who were incentivised with various benefits, including tax exemptions and financial rewards.

Slave patrols were tasked with policing slaves, particularly those who escaped or were considered rebellious. They were given the right to visit slave quarters and administer punishments, such as whippings, to slaves found "strolling about" without a pass from their owner. They could also return slaves to their masters, who may then further punish the slaves through physical violence or the threat of being sold away from their families.

Patrollers were often equipped with guns and whips and would exert force to bring slaves back to their owners. They would ride in groups of four or five, varying their times and locations to decrease the chances of slaves escaping. They were also known to form river patrols to prevent escape by boat.

In addition to capturing runaway slaves, slave patrols would break up large gatherings and assemblies of slaves, randomly visit and search slave quarters, and suppress insurrections. They were explicit in their design to empower the entire white population with the duty to police the movements of Black people.

The use of slave patrols diminished during the Civil War as more white men were called upon to serve in the Confederate army. The patrols ended with the conclusion of the war in 1865, although similar practices continued through groups like the Ku Klux Klan.

Fugitive Slave Acts: federal laws that allowed for the capture and return of runaway slaves

The Fugitive Slave Acts were a pair of federal laws that allowed for the capture and return of runaway slaves within the territory of the United States. The first Fugitive Slave Act was enacted by Congress in 1793. This law authorized local governments to seize and return escapees to their owners and imposed penalties on anyone who aided in their flight. However, this law was met with widespread resistance, leading to the passage of the Fugitive Slave Act of 1850, which added more provisions regarding runaways and levied harsher punishments for those who interfered in their capture.

The Fugitive Slave Act of 1850 was part of the Compromise of 1850, a group of bills that helped quiet early calls for Southern secession. This new law compelled citizens to assist in the capture of runaways and denied slaves the right to a jury trial. It also increased the penalty for interfering with the capture process to a $1,000 fine and six months' imprisonment. To ensure the statute was enforced, the 1850 law placed control of individual cases in the hands of federal commissioners, who were paid more for returning a suspected runaway than for freeing them.

The Fugitive Slave Acts were among the most controversial laws of the early 19th century, with Northerners bristling at the idea of their states becoming stalking grounds for bounty hunters. Many argued that the laws were tantamount to legalized kidnapping and worked to resist and bypass them. Despite this opposition, the Fugitive Slave Acts remained in place until June 28, 1864, when they were finally repealed by an act of Congress.

Punishments: whipping, branding, imprisonment, and sometimes death

Slaves in the United States were subjected to brutal punishments for breaking the law. These punishments included whipping, branding, imprisonment, and sometimes even death.

Whipping

Whipping was a common form of punishment for enslaved people, with slave overseers authorised to whip slaves as they saw fit. The cowskin whip, made from untanned ox hide, was a particularly brutal instrument of torture, often leaving deep gashes in the flesh. Enslavers would go to extreme lengths to continue whipping enslaved people, even when they were pregnant. They would, for example, dig a hole for the woman's stomach to lie in to avoid harming the baby.

Branding

The practice of branding slaves with a hot iron was initially used for identification during the colonial era. However, by the 19th century, it had become a form of punishment for runaway slaves. Slaves who attempted to escape were often captured with the help of dogs and brutally branded.

Imprisonment

Slave owners would imprison slaves in dark, cold, and smelly jails, sometimes for extended periods, as a form of punishment. For example, Lucy Delaney, an enslaved woman in St. Louis, was imprisoned for seventeen months while awaiting trial for a freedom suit.

Death

In some extreme cases, breaking the law could result in the death of an enslaved person. For instance, a woman named Harding was punished for assisting several men in a minor rebellion. She was hoisted up by her thumbs, whipped, and slashed with knives in front of other slaves until she died.

Slave literacy: slaves were prohibited from learning to read and write

Slave literacy was a highly contentious issue in the United States before and during the American Civil War. Many slave states passed anti-literacy laws, which also affected freed slaves and, in some cases, all people of colour. These laws were based on the belief that literacy among slaves could lead to insurrection and rebellion, as well as the forging of documents to escape to free states.

The specific consequences of a slave breaking the law by learning to read and write varied depending on the state and the circumstances. In some cases, the slave themselves would be punished, while in other cases, the person teaching them would be penalised. The punishments for slaves who learned to read and write could include whipping, imprisonment, or even the cutting off of their forefinger. For those who taught slaves to read and write, punishments could include fines, imprisonment, or floggings.

The state of North Carolina passed a law in 1830-1831 that was fairly typical of these anti-literacy statutes. The law made it illegal for any free person to teach or attempt to teach a slave to read or write. The punishment for a white person was a fine of between 100 and 200 dollars or imprisonment, while a free person of colour would be fined, imprisoned, or whipped, with the number of lashes ranging from 20 to 39. A similar law was passed in South Carolina, with a fine of 100 pounds and six months' imprisonment as the penalty. In Mississippi, a white person teaching a slave to read could face up to a year in prison.

Some states took a slightly different approach. For example, in 1832, Alabama and Virginia prohibited whites from teaching blacks to read or write, with fines and floggings as the punishment. In 1833, Georgia prohibited blacks from working in reading or writing jobs and also banned teaching blacks to read or write, with fines and whippings as the penalty.

Despite these anti-literacy laws, some slaves still found ways to learn to read and write. They secretly learned from and taught each other, sometimes trading items like marbles and oranges with white children in exchange for reading lessons. Literacy was seen by enslaved people as a means of advancement and liberation.

Frequently asked questions