The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1840-07-30

to lalsify the record They have very
convenient memories too, TO have forgotten
that North Carolina has had on her Stat.
ute book for half century la,cs in many
particulars similar TO, or in others more Sc.
rere, than the Indiana or Ohio ldp. The
following is part Of law re enacted by
our Legislature in the year 1871, and pub
lished 10 lredell's Reyisal (page s5.) The
first section recognizes the relation Of Mas
ter and Servant between white persons;
Ill And be il further enacted bg The outdori.
~ aforesaid, That il any Christian Servant shall
lay violent hands on his o. her master mistress,
or overseer or shall obstnatey refuse TO obey the
lawful commands of any of them, upon proof
thereof by one or more evidences before any Jus
ti-c Of the Peace, he or she shall for every such
offence, suffer such corporal punishment as the
SAID Justices shall think fit to adjudge, not ex-
cceding 9wep'yoae Lasa's.
Y. And be IL further enacted By The authority
aforesaid, That all Servants by indenture or 9TH
erwIse as aforesaid, shall have their complaints
received By Justice Of the Peace who, il he find
cause. shall bind the master mistress or oversecr,
over, 10 answer the complaint at the next County
Court and It shall be there determined: And all
may, either Immediately, or as aforesaid by viz
tue hereof, be received at any time, upon petition
or information in the Court of the county where
in thew reside, without The formal process Of an
action; and also, full power and authority IS
hereby given 10 the said Court at their discretion,
having first summoned the master, mistress, or
oyesseer to Justify themselves, Il they think fit,
to aGIudge, order and appoint, lodging, clothing
I or corrections And if any master, mistress, or
oyerseer, shall not therenpon comply with the or
der Of tie slid Court the Court is hereby autho-
rised and empowered, upon a second Just CON-
plant. TO order such SerUGHt SerrGHtS 10 Be
Immediately sold, at public venduc by the Sher.
IFS and after the charges are deducted, the re-
mainder OF what the said Servant or Servants
shall be sold for, 10 be paid to the owner
Nil. And be il further enacted b Tie autlo
ritz aforesaid That in cases of penal laws, whore.
BIZ persons free are punishable BY fine, Servants
shah Be punished JQ pLipyiRc, at the discretion
Of any Court or Justice Or Justices before whom
such fine or fines are recoverable, not breeding
fiirtg.BiHe iGsscs unless the Servant 50 culpa.
BE. can and viii procure some person or persons
to pay the fine
NV. And Be il further enacted jy TIE author.
!tg afprtsgii, Tha, no free man or trader what.
soever shall buy, sell, trade, barter, or borrow
any commodities whatsoever, it'll, to, or from any
Apprentice or Servant, whether SO b, indenture
OF Otherwise. or with any slave within tins Gov.
eminent, without the consent Of the master mis-.
tress or oSuer Of such Apprentice, Servant or
Slave upon pain Of f1rititng treble the value Of
the commodity or commodities so traded for, bar
tered uT sold and also, shall pay the sum Of six
pounds. proclamation money, to the uss Of the
said master, mistress or owner 10 be recovered,
in tie Court Of the county where the offence
s}r7 - Of fI.t
or information, wherein no essore, injunction or
wager Of Law, shall be allowed or admitted Of
And il II sl.a.. 80 h. open, IL. the person so Of
:ord.ng 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 he adlDdEed, BY the County Court, TO BIZ
SOLD ~ 4 SERVANT for the same.
XVIII And Be 1t further enacted b. tie ag-
ti0rtg aforesaid, That If any woman Servant
shall hereafter be delivered, OF child begot,en
5y her master, such servant shall immediately at.
Ter delivery, be sold hy the church.waTdens Of the
parish where the offence shall be committed. for
one year, after the time OF service By linden
,l-e or otherwise Is expired and the money aris-
I1E bg such sale, shall be TO the use Of the pa.
-.,a. And # any white servant woman shall,
during the time If her serItnde, he delivered Of
ea.t, bagotten by any negro, mHlato or IN.
c.Ia. sgca servant, over and above the time she
IS aT ,ass Act TO serve her master o. owner for
such offence, shall be sold by the cfurch.waIdCns
Of TIE parish tor tEo wears, after the time by ~.
ieut4rs % otherwise is expired and the money
arising thereby applied to tho use Of the ssid Pc.
r.-A and suca mnatto child or children Of such
servant, to be bound, b. the County Court, until
he or she -rlIge al the age o! thirty one years.
/ Here then the White servau, could be
WHITFIELD, whether male or female-be, or
she could have been SOLD, and If free
white ma0 traded With one Of such servants,
though be may have been his brother or
son, he, the free White mat, was liable 70
be fzed, nnd Il unable to pay TO Ri SOLD
oul HNsELF As A SERVANT This law
vas sanctioned BY soldiers and statesmen Of
the Revolution, men who achieved our LID
critics md could better appreciate their val.
ue than We do, yet will any man have the
auaaci'y to assert that hey pere enemieS 10
the poor they rere unfrie1dly TO liberty :
No,--none dare say so And yet if their
argument be admitted, our Revolutionary
'o,hefs will be guilty Of worse ofance
than that they charge Gen II. with.
In the year 1871, our Revolutionary
!e;r!a.l'ors approved also the following law.
tSee HlywooJs Manual 9Sl.l Read aud
compare Il with the OHIO and lDdiaDa laws I
Y. 81. All md every person who shall be
found guilty Of any charge exhibited against him
OF them, by indictment OF presentnent, and shall!
yo aaa.!!"g and unable TO pay the Office fees that
ara OF may oe consequent thereon, shall BE- hired
nut by the Sheriff Of the County where such per.
son is OF may be convicted, for such a time as any
person will take him OF them TO serve for the said
fees and charges the said Sheriff first Advertising
,he 'aa and place Of hiring At least ten days PIE.
.ipGs thereto.
This law was in force I'LL the year lS2s,
when the Supreme Court decided in the
case Of the State re. Hood Il Dew. Reports
500 thatt had been implicitly repealed by
the act Of 1881, allowing persons to take the
tasoteeat oath for Office fees, de. 1t ney.
er vas expressly repealed by the Legi-la
ture. rnder his lau a free Negro could
here Il Whtte man or ronidR.
Again: We refer you to the Fagrant
Lars, first passed IN the year lisa as fol-
lows. (Sce Il. S. 2GI)