The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1840-07-23

the GeHerdt Assembly tor theSe tdWS -
With what face then can THEY object to
this part ofihe Indiana Law But say they,
under this law free Negro could purchase
white woman aud whip her-Ths IS w
TRUE The 9th section Of the law reSu
! ating crimes aud punlshments, which they
have taken good care not to publish, IS as
follows, VIZ:
az No negro, mulatto or Indian, shall at any
time purchase any servant other thaa Of their 0sVn
e013pi,r,0u, and if any Of the persons aforesaid
shall nevertheless presume 70 purchase white
servant, such servant stall Immediately Jec9Hse
fee, aud shall be SO held, deemed and taken"
Why did they suppress this sectlou?-
Because they intended to CHEAT the People,
to lulsily the record They have very
convenient memories too, to have forgotten
that North Carolina has had on her Stat
ute book for haLf century lars IN may
particulars similar 10, ar in others more Sc
rere, than the Indiana or Ohio taC. The
following is part of lazy re enacted By
our Legislature in the year 1871, aud pub
l,shed in lredeiI's RevJsal (page S5) The
first section recognizes the relation OF Mas
Ter aud Servant seIwceu White persous'
/ Ill. And be it further enae,ed bytle qafloyi-
~ 4tDresa!d That If any Christian Seryaat shall
lay violent hands on his O. Aer master OF mistress
OF oyerseer, or shall obstuatuly refuse to obey the
lawful commands Of any Of them, upon proof
/ thereof by one or more evidences before any Jus.
tee Of the Peace, he or she shall for every such
offence, suler such corporal punishment as the
said Justices shall think fit to adJudge, not ey-
ceeding T5eentyOHe Lash,s.
/ V. And be n further enacted By The authority
af5resaid That all Servants by ndenture or 9TH
erwise as aforesaid, shall have their complaints
received by Justice of the Peace who, if be find
cause shall bind the master, mistress oyorseer,
over, to answer the complaint at tho next County
Court; and it shall be there determined And al
complaints of any Servant or Servants shall and
may, either Immediately, or as aforesaid by VIZ
tue hereof be received at any time, upon petition
or information in the Colrt Of the county where
( in they reside without the formal process Of an
4 action and also, f}ll power and authority IS
hereby given to the said Court at their dlscEet0u
/ having first summoned the master, mistress, or
oyerseer to Justify themselves, If they think tlt3
TO adiudge, order and appoint, lodging, clothing,
or correction: And II any master, mistress, or
ovUrseer, shall not therlupou comply with the or
der of the said Court the Court IS hereby autho
rised and empowered upon q second just com
I plant 70 order such SerrqHt u Servants 10 be
/ Immediately sc5l, at public yenduo by the Sher-
/ ills and after the charges are deducted the re-
maiuder of what the said Servant or Servants
/ shall bs sold for, to be paid to the owner.
XIII. Aud Be it further enacted By the nutt0-
rite aforesaid That in cases of penal laws, where
by persons free are punishable by fine, Servants
,hqlL be punished b. trkippiHg at the discretion
Of any Court or Justice or Justices before whom
such fine OF fines are recoverable, not erreedlHg
hiytg.uiEC i4slrs. unless the Servant so culpl
be- can and will procure some person o. persons
to pay the fine.
XIV. 4ad be il ftrtdcr epqcted by the auth5r.
Iig dj9rrsai4. That no free mao or trader what
sooyer, shall. buy, sell, trade, barter, or borrow
any commodities whatsoever, with to, or iron ny
/ Appointed or Servant, whether so by indenture
or otlerV i~e. or with any slave within this Gov.
crnment, without the consent Of the master, ms
tress or owner of such Apprentice, Servant or
Slave, upon pain Of forfetlng treble the value of
! the commodity or commodities so traded for bar
tered or sold; and also, shall pay the sum Of six
pounds proclamation money, TO the use of the
said master mistress or owner; TO be recovered
/ in the Court of the county where the offence
shall be committed, BY action Of debt, bill, plant
or information, wherein no cssoIne, injunction or
wager Of Law, shall be allowed or admitted Of /:
! And if il shall so happen, that the person so Of
Tending shall not be able 10 pay treble the value
Of the commodities SO traded for, sold battered,
and the sum Of six pounds, such persons shall
then be adjuAged, by the County Court, TO BE
SOLD As 4 SERVANT for the same.
4 NNIII. And be il further enacted By the du.
/ tloriiy aforesaid, That if any woman Servant
/ shall hereafter be delivered, of child begoiten
4 bv her master, snch servant shall Immediately af-
ter delivery be sold by the church.wardens Of the
parish where the offence shall be committed, for
! one year. after the time of service by linden
turo or otherwise is expired; and the money arts
ing by such sale, shall be to the use of the pa
IRISH: And If any white servant woman shall,
during the time Of her servtude, be delivered of
a child, begotten by any negro mulauo, or IN
dian, such servant, over and above the time she
IS by this Act to serve her master or owror for
such offence. shall be sold hv the church. w7rders
OF the parish tor Two years, after the time by ln-
dentlrc or otherwise is expired and the money
arising thereby applied to the use Of the said pa
rsh and such mulatto child or children of such
servant, to be bound, by the County Court, until
he or she arrive at the age OF thirty .one years.
Here then the White servant could be
WHIPPED, whether male or temdle-he, or
! she could have been SOLD, and 1t a free
white man traded with one of such servants,
though be may have been his brother or
son, he, the free White man, was liable TO
be fined, and if unable TO pay TO RE SOLD
OUT HIMSELF As A SERVANT This law
was sanctioned by soldiers and statesmen Of
the Revolution, men who achieved our lib,
critics and could better appreciate thelrval.
ue than we do, yet will any man have the
audacity TO assert that they trere enemies to
the poor they ,rere uafriendiy to liberty :
! No none dare say so And yet If their
argument be admitted, our Revolutionary
ioihers will be guilty of worse offence
than that they charge Gen IL. With.
/ In the year l7s7, our Revolutionary
/ forela,hers approved also the following law.
(See Haywood's Manual 29l.) Read aud
compare ii with the Ohio aud Indiana laws
X. 81. All and every person who shall be
found guilty Of any charge exhibited against INN
or them. by indictment or presentment' and shall
be unwilling and unable to pay the office fees that
are or may he consequent thereon, shall be hired
out by the Sheriff of the County whore such per-
son is or may be convicted, for sneh time as any
l.