| Date | 1721 |
|---|---|
| Law/Legislation | Law |
| Jurisdiction | DE |
| Title | Chap. XLIII. a An act for the trial of Negroes |
| Description/Full Text | Two ju?tices and fix freeholders impowered to try all offences committed by Negroes, &c. SECTION 1. BE it enacted by the honorable Pa- trick Gordon, e?q. Lieutenant Go- vernor of the counties of New-Ca?tle, Kent, and Su??ex, upor Delaware, and province of Penn?ylvania, by and with the advice und con?ent of the Repre?entatives of the freemen of the faid counties, in General A?embly met, and by the autho- rity of the ?ame, That from and after the publication of this act, 'it ?hall and may be lawful for two Ju?tices of the Peace of this government, who ?hall be particu- larly commi??ionated by the Governor for that ?ervice within the re?pective counties thereof, and fix of the mo?t ?ub?tantial freeholders of the neighbourhood, (a) to hear, examine, try and determine all ?uch offences committed by any Negro or Mulatto Naves within this government, which ?aid freeholders ?hall be by war- rant, under the hands and ?eals of the re?pective jul. tices, commi??ionated as afore?aid, directed to ?ome Con?table of the ?aid county, be ?ummoned to ap- pear at ?uch time and place as the ?aid ju?tices ?hall appoint, which ?aid freeholders the ?aid ju?tices ?hall ?olemnly ?wear or atte?t well and truly to give their a??i?tance and judgment together with the ?aid ju?tices, upon the trial of ?uch Negroes or Mulattoes; which freeholders, or any four of them, being qualified as afore?aid, ?hall hold a court at the Court Hou?e in the ?aid re?pective counties where the crime is commit- ted, for the hearing, trying, determining and con- victing of ?uch Negro or Negroes, or Mulatto flaves, as ?hall be before them charged or accu?ed of com- mitting any murder, man?laughter, buggery, burg- lary, robbery, rape, attempts of rape, or any other high and heinous offences, committed, acted or done in any the re?pective counties within this govern- ment, as afore?aid. Who may ac- quitor condemn, according to their evidence, and order exe- cution, &c Sect. 2. And be it further ena?ted by the authority afore?aid, That it ?hall and may be lawful for the faid court of ju?tices and freeholders as afore?aid, to examine, try, hear, judge, determine, convict, ac- . quit or condemn, according to their evidence, any Negro or Negroes, or Mulatto flaves, for any the crimes or offences afore?aid, or any other high or ca- pital offences, upon due proof to them made, to pro- nounce ?uch judgment or ?entence as is agreeable to law, and the nature of the offence, and to order exa ecution of the ?aid judgment or ?entence accordingly, or otherwi?e to acquit, free and di?charge ?uch Ne- gro or Negroes, or Mulatto flaves, in ca?e the evi- dence ?hall not be ?ufficient for a conviction therein. Slavescondemn- ed to death, to be valued, and two thirds of the value paid to the master, &c. Sect. 3. And be it further enacted, That upon the conviction of any Negro or Mulatto ?ave, belong- ing to any of the inhabitants of this government, for any capital cau?e for which the party convicted ?hall ?uffer death, the ?aid ju?tices and freeholders, before whom they were convicted, ?hall immediately value the ?aid flave or ?laves, and in ca?e the Negro or Mulatto ?lave ?hall be put to death, that the two- thirds of the apprai?ed value of ?uch Nave ?o execut- ed, ?hall be paid to the ma?ter or owner of ?uch ?lave by the County Trea?urer out of the public levy, to be rai?ed in the ?ame manner as the county levies. Sheriff to cau?e the ?entence be executed Sect. 4. And be it further enacted by the authority afore?aid, That where ?uch Negro or Negroes, or , Mulatto flaves ?hall be convict, and ?uch judgment or ?entence ?hall be pronounced by the re?pective jur- tices and freeholders as afore?aid, and a warrant by them, or any four of them, one of which to be one that ?at upon the trial, figned, ?ealed and delivered to the High Sheriff of the county where the fact was. committed, for the execution of ?uch Negro or Mu- latto, the ?ame fhall be duly executed, or cau?ed to be duly executed by the ?aid Sheriff, according to the directions of ?uch warrant, on pain of being di?abled to act any longer in that poft or office; and if any of the laid ju?tices or freeholders neglect or refu?e to do their duty herein, they ?hall be liable to be fined by the ju?tices at their next Court of General Quarter Se??ions of the fame to be held for the ?aid county, Penalty on ju?- tices or freehol ders,neglecting their duty here- in. in any ?um not exceeding Five Pounds, for the u?e of the Governor towards the ?upport of government, to be levied by di?tre?s and ?ale of the goods and chattels of ?uch ju?tices or freeholders ?o refu?ing as afore?aid. Punishnebt of slaves attempt- ing to commit rapes; Sect. 5. And be it further enacted by the authority afore?aid, That if any Negro or Mulatto ?lave within this government, ?hall attempt to commit a rape on a white woman or maid, they ?hall be tried in manner afore?aid, and ?hall be puni?hed by ?tanding four hours in the pillory at the Court-Hou?e on ?ome court day, with both his ears nailed to the pillory, and before he be taken down from the ?ame, ?hall have both his ears cut off clo?e to his head. And if any Negro or Mulatto llave ?hall be convict before two or convicted of ?tealing, &c. Ju?tices of the Peace in this government, of ?tealing, or fraudulently taking or carrying away any goods, living or dead, the ma?ter or owner of ?uch Negro or Mulatto ?lave, if ?uch goods ?hall not be found, ?hall make ?atisfaction to the party wronged, and ??? all co?ts, to be levied by di?tre?s and ?ale of the faid ma?ter's or owner's goods and chattels, and the Ne- gro or Mulatto, ?o offending, to be whipped as the ?aid ju?tices ?hall adjudge and appoint. Puni?hment of ?laves pre?um- ing to carry arms, &c. Sect. 6. And be it further enacted by the authority afore?aid, That if any Negro or Mulatto ?ave ?hall prelume to carry any guns, ?words, pi?tols, fowling. pieces, clubs, or other arms and weapons whai?o- ever, without his ma?ter's ?pecial licence for the ?ame, and be convicted thereof before a Magi?trate, he ?hal be whipt with twenty-one la?hes, upon his bare back. Puni?hment of ?laves pre?um- ing to carry arms, &c. Sect. 7. And be it further enacted by the authority afore?aid, That if any Negroes, above the number of fix in one company, not belonging to one owner, ?hall meet together, and upon no lawful bu?ine?s of their ma?ters or owners, and being convicted thereof, by the view of one Ju?tice of the Peace, or the te?timony of one credible witne?s, ?uch Negro or Negroes fo of. fending ?hall be publicly whipped at the di?cretion of one Ju?tice of the Peace, not exceeding twenty-one la?hes, each Negro. |
| Additional Information | – |
| Source | Delaware., Delaware. General Assembly. (1797). Laws of the State of Delaware. Wilmington, Del. Slavery & Freedom in Delaware 1639-1865, William H. Williams |
| 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.
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