Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1830-02-23
) MONDAY MORNING, FEB. q, 1880.

est and postage.
MONDAY MORNING, FED. &c, 1880.
+ sssaisiou. Wrisias, The following bill paased
the House Of Delegates 90 Saturday, by a vote 'o
81 to co..
Proposed by the Comitteesfor Courts of Justice to
the bill recommitted to them, entitled, "a bill ia
prevent the circulation Of Sedtious Writings, and
tor other purposes" $3.50
Sect. l. BE t enacted by the General Assembly,
That If any white person, free negro, mulatto or
slaye, shali print or WRITE or cause to be printed or
written, or aid or assist printing writing shall
ycirculate to be circulated or aid or
Tor nuIattoes in this COMM any paper pers
fphlet, or book, advising insurIestion or rebellion
amongst the slaves 10 this Stafes the tendency
Vol which shall be to ncite insurrectiou or rebellion
amongst said slaves such person writing printing or
so circulating, or aiding assisting in circulating
such paper, pamphlet book or causing such paper
pamphlet book to be written, printed or so crcu-
lated shall. ii free person. be held guilty of high
misdemeanor, and conviction thereof shall be fined
IN such Jury may assess, not less than fHy
nor more than five hundred dollars; and for second
Offences in addition to such fine, shall be imprisoned
IN the common Jail for period not less than twelve
MONTHS to be ascertaned by the jury; ard if slave
on conviction by any county corporation court
shall receive thirtynhe lashes his bare back aad
for second offence shall be by such court adudeed
felon, and shall suffer DEATH without benefit of
clergy.
Sec. 2. Be it further enacted, That all meetings
OF free negroes or mulattoes, at any school-house
church, or meeting house, other place, for teach
ing them reading or writing, either in the day or
night, under whatsoever pretext, shall be deemed
and considered unlawful assembly, ard any ;us-
tice of the county corporation wherein such as
sembiy shall be, either from his own knowledge, or
on the information of others, of such unlawful as
semblage meeting, shall issue his warrant direct
ed to any sworn officer officers, authorizing him
or them to enter the house houses where such UNI
lawful assemblage or meeting may be, for the pur-
pose OF experimenting dispensing such free negroes
or mulattoes, and to InfIc corporal punishment on
the offender offenders, at the discretion Of any lus
tice of the peace, not exceeding twenty lashes
Sec g. Be it further enacted, That if any white
person or persons assemble wiz, free negroes or
muiattees. at any school-house, church, meeting
house, or other place. for the purpose of instructine
such free negroes mulatoes to read write such
person persons SHALL conviction thereof be fined
IN sum not exceeding hundred dollars and
moreover may be imprisoned at the discretion of a
jury, not exceeding six months
- Sec a. Be it further enacted. That if any owner
or occupler OF any plantation tenement within this
Commonwealth, shall establish, or permit to be esta-
bished, any school or schools such plantation or
tenement, for the purpose of teaching his or her
or those nf other person. to read or tite
such owner occupier shall be deemed guilty of
high misdemeanor, and shall be fined in any sum not
more than five hundred nor less than fifty dollars,
aud punished in the manner now provided by law i'll
the case ofother misdemeanors.
Sec. s. Be it further enacted, That if the owner
master. or overseer of any slave shall send or know
fnSly permit such slave to be sent TO go TO any
Sunday school, other school, be taught to read
or write, the person offending shall be deemed
guilty of misdemeanor, and on conviction thereof,
shall be fined any sum not less than ten nor more
than fifty dollars at the discretion of jury: And
every teacher of any Sunday or other school, who
shall teach, or attempt to teach, knowingly permit
any slave TO be taught in such school to read or
write, shall be deemed guilty of misdemeanor and
on ho i,,,I It,G
ten nor more than fifty dollars, the discretion of
jury: and for a second offence, every such teacher
shall be fined IN like manner and may be imprisoned
for period not more than six months at the discre
ton of jury; and moreover give security for his or
her good behavior, at the discretion of the court.
Sec. 6. And be it further enacted, That it shall be
the duty of the several judge OF the general court
and the Justices in the county and corporation courts
to give this act especially in charge to the grand ju
ries of their respective courts, and to cause them to
be furnished Herewith while sitting.
Sec. 7. This act shall be in force from the first day
of September next.
This act is, as far as our knowledge extends the
most highly penal OF any that has been enacted by
any American Legislature. 1t is ndefcnsible OH
principle and had its origin, and finds its apology, in
the existence, real supposed of stern necessity.
Many who believed there was some necessity for
new provisions the subject would not vote for
this law; under the persuasion that its dcnuncations
exceed the occasion, and even invaded the funda-
mental law. lsOf the number who thought thus, we
were one. The wide discretion given the Courts
in the first section, of prcnouncing upon the teden
cy of writings, and infcting punishment according
ly, is dangerous TO the safety Of the citizen, and
subyersive of the freedom speech and of publica
ton, guaranteed by The Constitution. tThe most in-
nocent may incur the rigorous severity of this pro-
vision for the quo amino is not required to be taken
into consideration. What may have "tcndency to
incc instruction or rebellion" is susceptible of as
various opinions as there Courts aud Juries to
decide No common standard of action is provided
for the tribunals, and constructions of the act will be
as conflicting Courts are numerous. IF certainty
be one Characteristic of good laws, no law quoad
could well be than this. We know many per-
sons, and sensible persons too who think that the lbe
ration Of slaves and the scheme of colonization have
fo ultimate and no varv