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Black
Laws of Virginia: A Summary of the
Legislative Acts of Virginia Concerning Negroes From Earliest Times to the
Present 1723. Chapter IV. Whereas the laws now in force for the
better governing of slaves are found insufficient to restrain their unlawful
and tumultuous meetings, it is enacted that if any number of Negroes
exceeding five conspire to rebel, they shall suffer death, and be utterly
excluded the benefit of clergy. (p. 52) It is re-enacted that if slaves are found notoriously
guilty of going abroad at night or running away and lying out and cannot be
reclaimed from such disorderly courses, it shall be lawful to direct every
such slave to be punished by dismembering, or any other way not touching
life. (p. 53) 1726. Chapter IV. For the encouragement of constables to
perform their duty in conducting runaway slaves, they are exempt from the
payment of all public, county and parish levies. Runaway slaves, whose masters are not known, may be
hired out by the keeper of the public gaol, with a strong iron collar with
the letters "P. G." stamped thereupon. Because a former law is not found effectual to prevent
masters of vessels from clandestinely transporting persons in debt, servants
or slaves out of this colony, they are now required to take oath not to do
so. (p. 53) 1732. Chapter VI. Stealing a slave is a felony, and the
punishment death without benefit of clergy. (p. 54) 1748. Chapter XIV.
Children are to be bond or free, according to the condition of their
mother. The master's duty to servants is to provide for them and not whip any
Christian white servant naked without an order. No contracts shall be made
between masters and servants unless in court. Servants shall own their own
property. Sick and lame servants shall not be discharged; every servant not
having wages shall at the end of his service receive ten pounds ten shillings
for freedom dues from the master. Negroes, mulattoes or Indians, although
Christians, Jews, Moors, Mohemmedans, or other infidels, shall not purchase
Christian servants except of their own complexion. If any person having such
Christian servant shall marry with a Negro, mulatto, Indian, Jew, Moor,
Mohammedan, or other infidel, such servant shall thereupon become free. There
shall be penalties for dealing with servants or slaves without the consent of
the master or overseer. Servants shall faithfully do their master's just
commands under penalty of extension of time of service. In cases of penal
laws, where free persons are punishable by fines, servants shall be punished
by whipping at the rate of twenty lashes for every five hundred pounds of
tobacco. At the expiration of their term, servants shall have certificates of
freedom; there shall be a penalty for harboring servants without
certificates; runaways who use stolen or forged certificates shall stand in
the pillory two hours; there shall be rewards for taking up runaway servants
or slaves. Any Negro or other person not declaring the name of his owner
shall be committed to jail and delivered to his owner on satisfying the
sheriff's fees; if no owner appear, the runaway shall be hired out, the
runaway to wear a strong iron collar with letters "P. G." stamped
thereon; owners claiming runaway slaves shall make proof of ownership, but if
no owner finally appear the sheriff shall sell the runaway at public auction
after charges paid; every runaway servant upon whose account any reward shall
be paid, after all other time of service shall be expired, shall repay all
charges and loss of time. Servants imported as tradesmen or mechanics, who
are ignorant to perform such trades or mysteries, shall repay wages or serve
further time as just. Stealing any Negro, mulatto, or Indian slave is a
felony and those offending shall suffer death without benefit of clergy. (pp.
56-57) 1748. Chapter XXXVIII. The conspiracy of slaves or their
insurrection is a felony and the penalty death without benefit of clergy. 1752. Chapter XLII. Whereas the breed of sheep is
greatly diminished in many parts of this dominion by reason that Negroes and
other slaves are not restrained from carrying dogs about with them; for the
prevention thereof, it is enacted that it shall not be lawful for any Negro
or other slave in going from one plantation to another to carry any dog
whatsoever, under penalty of having the dog killed and twenty lashes on the
bare back. But nothing herein shall hinder any person from sending his slave
from place to place with his hounds, spaniels, pointers, or setting dogs, for
his diversion. (p. 57) 1757. Chapter VI. Whereas many frauds have been
committed by secret gifts of slaves, whereby creditors have been deprived of
their just debts, gifts of slaves hereafter must be by will, deed or
testament, proved by two witnesses at least, in writing and recorded. (p. 58) 1769. Chapter XIX. The taker-up of a runaway at his
option may convey him to his owner, or if the owner is not in the county,
carry him to gaol, and the gaoler shall advertise a description of the
runaway in the Virginia Gazette for
three weeks. (pp. 58-59) Whereas many owners of slaves in consideration of wages
to be paid by such slaves license them to go at large, to trade as free men,
which is a great encouragement to theft and other evil practices by the
slaves, in order to enable them to fulfill their agreements with their
owners; it is enacted that if any owner license a slave to trade as a free
man, he shall forfeit the sum of ten pounds in current money for the use of
the poor of the parish, to be recovered by the church wardens. 1772. Chapter XIX. Vessels importing convicts, indented
servants, and slaves, infected with the gaol fever or small pox shall perform
quarantine under penalties and forfeiture. (p. 59) 1776. On June 19, the Virginia Constitution was adopted
and recites in its preamble as a grievance against George III that he
prompted the Negroes to rise in arms, those very Negroes whom, by an inhuman
use of his negative, he had refused permission to exclude by law. (pp. 59-60) 1778. Chapter I. In the third year of the Commonwealth,
Patrick Henry, Esquire, being Governor, at the Capitol at Williamsburg, it is
enacted, that hereafter no slave shall be imported into the Commonwealth by
sea or land. Every slave imported contrary to the interest and meaning of
this act shall become free. Provided that persons may remove from any of the United
States to Virginia if not with the intention of evading this act, and their
slaves were not imported from Africa or any of the West Indies since November
1, 1778. (p. 60) 1782. Chapter XXI. It is lawful for any person by last
will and testament or other instrument in writing sealed and witnessed to
emancipate and set free his slave or slaves. All slaves so set free, not being of sound mind and
body, or being above forty-five years of age, or males under twentyone, and
females under eighteen shall be supported by the persons liberating them.
Provided, also, that a copy of the instrument of emancipation shall be
delivered to the slave emancipated. Slaves travelling outside of the county
without such an instrument may be confined to jail. 1782. Chapter. XXXII. Because great inconvenience has
arisen from persons permitting their slaves to go at large and hire
themselves out, under promise of paying their owners money in lieu of
services, it is enacted that if slaves are permitted to go at large, they may
be sold and disposed of by the sheriff. Twenty-five per cent of the amount of
the sale shall go toward lessening the county levy, five per cent to the
gaoler and the rest to the owner of the slave. (p. 61) 1785. Chapter
LXXXIV. Runaway servants and slaves
may be apprehended by any person, who shall be rewarded by the owner. If the owner is not found, the runaway
shall be placed in jail, and may be hired out with an iron collar on his
neck. A runaway being a slave, after
one year from the last advertisement in the Virginia Gazette, shall be sold. (p. 63) 1792. Chapter 41. Whereas slaves run away and hide out
and kill hogs, it is enacted that upon intelligence of two or more lying out,
they may be committed to jail for trial. Conspiracy to rebel, or make insurrection, is deemed a
felony, with death the punishment without benefit of clergy. (p. 65) 1795. Chapter Il. Whereas great and alarming mischief
has arisen in other states of this Union, and is likely to arise in this by
voluntary association of individuals, who undercover of effecting that
justice toward persons unwarrantably held in slavery, which the sovereignty
and duty of society alone ought to afford; have in many instances been the
means of depriving masters of their property in slaves: To the end that an
easy mode may be pointed out by law for the recovery of freedom when it is
illegally denied, it is enacted that a person conceiving himself to be
detained as a slave illegally may make complaint in court; the petitioner
shall be assigned counsel who without fee shall prosecute the suit. (pp.
67-68) If any person aid or abet any person in such a claim for
freedom and the claim is not established, he shall forfeit one hundred
dollars to the owner of the slave. A person forging or counterfeiting a paper giving a
slave freedom shall pay two hundred dollars and suffer one year's
imprisonment without bail. 1798. Chapter
4. Free persons conspiring with
slaves to rebel shall suffer death.
Free persons harboring or entertaining any slave without the master's
consent shall pay ten dollars, free Negroes not able to pay shall receive not
to exceed thirty-nine lashes. It is further enacted that in cases wherein the property
of a person held as a slave demanding freedom shall come for trial, no person
shall serves as a juror who shall belong to a society for the emancipation of
Negroes. (p. 68) It is made a felony for a free Negro to give his
certificate of freedom to a slave.
The skipper of a vessel must not carry a slave out of the state until
he has taken him before a magistrate, and made out a description of the slave
and shall have produced the slave's certificate of freedom. (p. 69) 1801. Chapter 70. If any person permits his slave, or
any slave hired by him, to go at large or hire himself out, the slave may be
sold. It is enacted that if any slave shall be brought or come into this
state from any place without the limits of the state, it shall be the duty of
any magistrate where such slave is found to commit the slave to jail, and the
magistrate shall notify the governor and the slave shall be transported out
of the Commonwealth and the expenses incurred shall be paid by the person
importing or holding the slave, but the slave may be sold within the
Commonwealth if the person holding him is unable to reimburse the
Commonwealth. (pp. 70-71) 1804. Chapter 89. When slaves are held by widows or
others for life they shall be registered, with the ages, sexes, and increase
of such slaves. 1804. Chapter 97. It is lawful for any citizen of the
Commonwealth or of the County of Alexandria in the District of Columbia, who
has carried or may carry slaves into the county in the district aforesaid,
owning lands within this state, to remove the slaves back to Virginia,
without penalty, and the slaves shall not be entitled to freedom on that
account. 1804. Chapter 119. All meetings of slaves at any meeting
house or any other place in the night shall be considered an unlawful
assembly, and any justice may issue his warrant to enter the place where the
assembly may be for apprehending or dispersing the slaves, and to inflict
corporal punishment on the offenders at the discretion of the justice, not
exceeding twenty lashes. "Any person may be summoned to aid in the
execution of this act and may be fined not exceeding $10.00 for refusing to
serve; counties west of the Blue Ridge are excepted from this act. (p. 71) 1805. By resolution the General Assembly of Virginia, on
January 31, votes not to endorse the amendment to the United States
Constitution proposed by the state of North Carolina which would forbid the
further importation of slaves. The reason assigned by Virginia is that such
an amendment would violate the United States Constitution that no such
amendment be adopted prior to 1808. (pp. 71-72) 1805. Chapter 11. Carrying away any slave is a
misdemeanor, punishable by a fine of from $100.00 to $500.00 and imprisonment
in the jail or penitentiary from two to four years, and payment to the owner
of the slave of double the value of the slave. Masters of vessels who permit slaves to come on board,
or who buy any commodity from a slave without consent of the owner, shall
forfeit $200.00 in addition to the penalties now imposed. 1805. Chapter 12. It is declared that it is not unlawful
for masters to permit slaves to accompany them, or any part of the family to
religious worship if it is conducted by a white minister. 1806. Chapter 63. Slaves brought into this state and
kept one year shall be forfeited by the owner, and the right to the slaves
shall rest in the overseers of the poor, who shall apprehend such slaves for
the benefit of the poor. If any slave hereafter emancipated shall remain within
this Commonwealth more than twelve months after his freedom, he shall forfeit
such right, and may be sold by the overseers for the benefit of the poor. (p.
72) 1808. Chapter 15. Any person who may hereafter apprehend
a runaway slave shall be entitled to a reward of $2.00, and mileage as
heretofore. If the owner does not claim a runaway within twelve months, the
sheriff shall advertise for one month in any public newspaper the time and
place of selling the runaway. (p. 73) 1812. Chapter XXVI. Persons residing in this state or
removing here, owners of slaves born in United States, are permitted to bring
them in, provided in thirty days a statement in writing giving a description
of the slaves and a true account of the slaves brought is filed, and the
slaves were not brought in for the purpose of sale or with intent to evade
the laws preventing importation of slaves, and provided also if female
slaves, ten to thirty years of age, are exported within three months, a
report shall be made to the court. It is further enacted that persons who
have brought slaves in contrary to the law of 1806 concerning slaves shall be
permitted to retain such slaves. (pp. 74-75) 1817. Chapter XV. If any free person advise or conspire
with any other free person or Negro to induce or excite any slave to rebel or
make insurrection, every such free person shall be held a felon and suffer
death by hanging. (p. 77) 1817. Chapter XXXVI. Because of serious inconvenience
experienced by Virginians from the frequent elopement of slaves to states
north of the Potomac it is enacted that hereafter $20.00 reward, and mileage,
be allowed any person who may apprehend any runaway slave attempting to cross
the Potomac if the plantation on which the slave is employed be not less than
ten miles from the river. If the slave is apprehended in Maryland or
Kentucky, the reward shall be $25.00; in Delaware., New Jersey, Pennsylvania,
New York, or Ohio, $50.00, plus twenty-five cents a mile. Keepers of bridges and ferries must not permit slaves to
cross the river without special permits. Runaway slaves committed to jail
shall be advertised in a Richmond newspaper. (pp. 77-78) 1819. Chapter XXVI. This is an act concerning slaves and
free Negroes and states that no persons shall be slaves within this
Commonwealth, except such as were so on October 17, 1785, and the descendants
of the females, and such slaves as since have been, or may be brought in
pursuant to law. It shall be lawful to bring into this state and hold therein
any slave born within the United States, except such as at the time of their
removal were resident out of the United States, and such as shall have been
convicted of any offense and transported therefor, under the laws of this
state, or of any other state. A penalty for the use of the Literary Fund, for
bringing in slaves not permitted by law is set at $1,000.00 for each slave,
with an exception for those passing through the state, or abiding in the
state for a short time, if the slaves are not kept here for a whole year.
Penalties heretofore incurred are remitted. (p. 79) 1822. Chapter 22. Runaway slaves confined in jail
hereafter are not to be sold by the sheriff, except on court order. 1823. Chapter 30. Whenever a runaway slave is confined
in jail and is not provided with adequate clothing, it shall be the duty of
the jailor to furnish him with proper Negro clothing or other necessaries.
(p. 81) 1823. Chapter 35. The reward for apprehending runaway
slaves in Ohio, Pennsylvania, or Indiana, shall be $50.00 and 20 cents per
mile for traveling to the residence of the owner or the jail at which the
runaway is delivered. The reward shall be $120.00 for apprehending slaves in
New York, New England, and the British Provinces. The rewards allowed shall
operate as a lien on the slave. If the slave is taken up not more than twenty
miles distant from his plantation, the reward shall be $25.00 and mileage. 1823. Chapter 102. A slave of William Tompkins was
committed as a free man of color to the penitentiary for fifteen years. It is
now enacted that he be sold and the sum paid his owner and he be transported. 1824. Chapter 34. Sam, a Negro man, slave of Robt.
Ricks, condemned to death and his valuation paid his owner, escaped and has
been retaken; it is here ordered he be sold and transported beyond the limits
of the Commonwealth. It is further enacted that the owners of old slaves, or
slaves of unsound mind who permit them to go at large without support, so
that they are dependent on charity, trespass, or theft shall pay a fine of
not exceeding $50.00 for every offense, and it moreover shall be the duty of
the overseers of the poor to provide for such slaves and charge the master.
(p. 82) 1824. Chapter 35. For enticing or advising any servant
or slave away from home, or knowingly employing or harboring a runaway
servant or slave, the penalty is $10.00 to $20.00, one-half to the informer
and the other half to the Literary Fund, or ten to twenty lashes on the bare
back if not paid." Search warrants are to be allowed to search for
runaway slaves. Whenever the master or owner of any slave shall desire to
confine him in jail, it shall be lawful for the jailer to receive him,
provided the justice be of the opinion he may be confined without public
inconvenience, and he shall not be confined in the same apartment with any
free white person. (pp. 82-83) 1824. Chapter 36. The jailer of Prince William County is
allowed certain sums for keping runaway slaves and it is further enacted that
hereafter jailers are to report to courts confined runaway slaves within two
months. Three disinterested persons shall then value the slave, and if the
court be of the opinion that the runaway will not sell at auction for
sufficient to pay the prison fees after being confined twelve months, they
shall fix the time of imprisonment for a shorter period and order the slave
sold. 1829. Chapter 21. Persons assisting slaves to escape are
guilty of a misdemeanor and shall be punished by confinement in jail three to
twelve months, be fined at the discretion of the jury, and liable also to
action by the party aggrieved. (p. 83) Jailors shall try to ascertain the owners of runaway
slaves and notify them by mail. 1835. Chapter 62. If the owner of a runaway slave does
not claim him within four months after the keeper of the jail has advertised,
the runaway shall be sold. 1835. Chapter 149. This act incorporates the Virginia
Slave Insurance Company, with power and authority to make insurance upon
slaves absconding from their owners. (p. 84) 1836. Chapter 73. The head man of each boat navigating
rivers and branches shall keep a list of the crew, and if any slave not
belonging to the boat, nor in the list of the crew, be found on board without
the leave of his master, he shall be deemed a runaway. The head man of the
boat, if white, shall be liable to a penalty of $20.00, to be paid the owner
of the runaway; if the head man be a slave or free Negro, he shall be whipped
not exceeding thirty-nine lashes on his bare back, but in the case of a free
Negro he may discharge himself by paying a in the case of a white man. Free
Negroes employed on boats shall carry their freedom papers and be committed
to jail if found without them and dealt with as runaways. (pp. 84-85) 1836. Chapter 90. If any pilot aprehends and confines in
jail any runaway slave found on board a departing vessel, he shall be entitled
to a reward of $20.00, to be recovered from the owner. And, moreover, the
master, skipper or owner of the vessel in which the slave may be found shall
forfeit the sum of $500.00 in addition to the penalties now prescribed by
law. 1837. Chapter 117. Railroads are forbidden to receive
any slave or slaves on cars, without first obtaining permission in writing
from the owner under penalty of $100.00, one-half to the use of the Literary
Fund and one-half to the use of the party aggrieved, and shall be moreover
liable to the party aggrieved, for damages. (p. 85) 1839. Chapter 76. It is declared a felony to permit
slaves to cross ferries or bridges without their owners' consent in writing,
punishment two to five years and liability also to private action. It shall be lawful to commute the punishment of
transportation and sale to imprisonment of five to ten years as if the person
were free. Persons whose sentences have been commuted shall within thirty
days after the expiration of their terms depart from the state, or be dealt
with as free persons migrating into the Commonwealth contrary to law. 1841. Chapter 73. Any person apprehending a runaway
slave above sixteen years of age more than twenty miles from his place of
abode and within ten miles of dividing lines between Ohio, Pennsylvania, and
Maryland shall be entitled to recover $30.00 and ten cents for every mile he
shall necessarily convey the runaway. (p. 86) 1845. Chapter 73. By this act jailors are required to
report to court Negroes committed for want of freedom papers; the court shall
not permit such Negroes to be hired out longer than two years. The hirer must
give bond double the value of the Negro not to remove him from the
Commonwealth. (p. 87) 1848. Criminal Code. Chapter 120. Section 31. The unlawful
importation of a slave born without the United States shall be punishable by
a fine of $1,000.00. 1848. Chapter 308. Polly Littlepage Smith is authorized,
in her own name, as if she were a feme sole, to file a bill praying the court
to-permit her to remove certain slaves to Alabama, bond to be given to cause
the slaves and their increase to be divided among Polly's children at her
death, according to the will bequeathing them. 1848. Chapter 329. Sarah C. Byars is allowed $600.00 for
a slave, Jim, condemned by the Smyth County court and reprieved by the
executive for sale and transportation. 1849. Chapter 311. The committee having the custody and
control of the person and property of Martha Watts, of Campbell County, who
is possessed of a large number of slaves but no land on which to maintain
them, is authorized on a proper application to the court to sell the said
slaves. 1850. Chapter 316. A slave of Mary B. Nelson, condemned
to death, was assessed at $425.00 by the court; the governor has commuted the
punishment of death to sale and transportation, and it is shown that the
court erred in fixing a price for the slave far below his market value. It is
therefore enacted that the governor cause to be paid to Mary B. Nelson, the
owner of the slave, such sum of money as he may receive upon the sale. 1851. Chapter 51. This act to facilitate the recovery of
fugitive slaves requires courts to convene and enter on the records proof of
an escape, and a general description of the slave, pursuant to the act of
Congress of September 18, 1850, concerning persons escaping. (pp. 88-89) 1856. Chapter 47. An act intended to provide additional
protection for the slave property of citizens of the Commonwealth is passed
whereby all vessels owned in whole or in part by any citizen or resident of
another state, and about to sail or steam to any port north of and beyond the
capes of Virginia (except those bound direct to any foreign counties), shall
be inspected. The vessel shall be attached and all persons on board arrested
if any slave or person held to service is found on board. Persons
apprehending slaves escaping on a vessel trading to or belonging to a
non-slaveholding state shall be entitled to a reward of $100.00. (p. 89) 1856. Chapter 48. Any free person, who shall cause to be
carried away, or be concerned in the escape of any slave, shall be confined
in the penitentiary five to ten years; and, moreover, in lieu of damages
forfeit to the owner double the value of the slave, pay reasonable expenses
incurred in the attempt to regain the slave, and in the discretion of the
jury be publicly whipped to such an extent and at such times as it may deem
fit. No whipping shall exceed thirty-nine lashes for anybody in any one day.
If the offender be in command or attached to a vessel, it shall be forfeited
to the state. The section includes any master of a vessel, and any free
person traveling by land. (pp. 89-90) Any master of a vessel who knowingly receives on board a
runaway slave shall be confined in the penitentiary five to ten years, and
forfeit the full value of the slave, be whipped, etc. If the slave is found on
board after leaving port, or in the night time the person in charge shall be
presumed to have knowingly received him, and if any free white person advise
any slave to abscond, or furnish him money, clothes, provisions, or other
facility, he shall be confined five to ten years in the penitentiary, and be
whipped as the jury sees fit. A slave so persuading or conniving shall be
punished with stripes and sold out of the state. Any free white person who
gives information leading to the conviction of a free white person engaged in
carrying off a slave, or in any manner concerned in helping an escape, shall
be entitled to a reward of $500.00, to be paid by the state. 1856. Chapter 49. This act amends previous legislation
by increasing the reward for the arrest of runaway slaves. In the case of
slaves arrested in a non-slaveholding state and delivered to the owner or a
jailer in this Commonwealth, a reward of 25 per cent of the value of the
fugitive shall be paid. If the arrest be in a non-slaveholding state and the
person is entitled to $100.00 or more from the owner it shall be the duty of the auditor of
public accounts to issue his warrant on the treasury for $50.00. Rewards and
mileage are also allowed for arrests of runaways in this state. (p. 90) 1860. Chapter 42. More effectively to prevent the escape
of slaves, the penalty for carrying away a slave is increased to twenty years
in the penitentiary. (p. 91) 1864. Chapter 65. Any person harboring or employing a
slave without the master's consent shall forfeit to the master $10.00 to
$50.00 for every day of harboring; but this section shall not apply to any
person within the lines of the public enemy, unless it shall appear that the
same was done with the intent to defraud the owner of the services of the slave,
or to deprive the owner of his right of property in such slave. (p. 92) |
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