The Dickinson press. (Dickinson, Stark County, D.T. [i.e. N.D.]) 1883-1927, 1889-07-06
STOCKS AND HOT IRONS.
SEVERE LAWS THAT WERE IN FORCE
EARLY IN THE CENTURY,.

SEVERE LAWS THAT WE'RE IN FORCE
EARLY IN THE CENTURY,.
Death without Benefit of the Clergy.
Tongues of Blaspicmcrs Borcd-Crimes
for Which Slaves Could BE Hanged and
Quartcred-The Sabbath Laws.
The old Maryland criminal laws, many of
which continued in force i'll the District after
the ccssion of the ten miles square to the
Federal government, provided for many Gu
riols puniShments which would now be con-
sldcred barbarous. Some Of these laws re-
main unrepcaled by congress. These laws
are set forth in two old Volumes unfamiliar,
at least to aymon known as Kilty's Digest,
published mt the beginning of the century A
glance through First Kitty shows that at
cach successive session of tho general assem-
Lly provision was made to mako the laws
moro effective by providing fees for inform
crs or by increasing tho penalties.
TO PREVENT FALSE SWEARING.
In 1852 an act was passed providing that
person convicted Of procuring awtuess to
swear falsely shall forfeit 9+O or suffer inn
prlsonmcnt one whole year and stand in the
p!llory ono hour, and that afterward he shall
not lie received us witness. The second sec
ton provides that person convicted of
willful perjury shall forfeit eco, suffer six
months imprisonment, and if he shall not
have tho goods to pay the e20, shall DO set in
the piory and have both ears, led AS in
the case of the procurer. he could not after.
ward be received rs a witness. A subse-
quent act however, provided that q person
50 convicted may givo evidence against con-
victc'l persons.
In lib an act was passed providing that
justices of the county courts shall have juris-
dirtion in cases of thieving and stealing when
tho goods arc not over 1000 pounds of tobac-
20 i'll value and have power to impose penal
ties of tourioll tho value of tho stolen prop
rrty, to l,e returned to the aggrievcd party.
."'iing III tho pillory and whipping, not ex-
cociin;s forty stripes. If incapable of return
liS the fomrfold, tho convicted person shall
receive the corporal punishment and satisfy
the claim against him, and the fees for con-
viction by scrvitude. A subsequent oGeuse
by the party, if the goods aro of the value of
twelve shiings, is made triuble in a provin-
. cal court On conviction he shall pay four
fod bc branded with Il hot iron and receive
other corporal punishment, as the court shall
atljudsc. TO kill unmarked swine above
three months old, or to conceal or disfiguro
mark on swine, subjected the offender to SIM
liar penalties
THE BLASPIIEMY ACT.
The act of 1923. chapter lG, is what is known
as the blasphonly act, and provides for the
punishment OF busphcmers, swearcrs, drunk
ards and Sabbath breakers. The first section
provides that any person who shall WHITING
ly, maliciously and u,lviscdly, by writing or
speaking, blasphemo or curse Cod deny
the Saviour to be the Son of God, or deny
the Trinity, shall for tho first otrel,se be Dor.
cl through tho tongue and fined eco. For
thc second oifcnso he shall be burned in tho
forehead with the letter b and fined GlO and
III default of payment be imprisoned twelve
months. For tho third oifcllso tho punish
/ meat is death without tho benefit of cl.f fv
For profano swearing in the presence Vt &,
J magistrate, minister, vestryman, warden or
constable, man could be punished by fine
OF -. for the first and is. for each subsequent
oath.
Any person who should be drunk before
any ono OF the officials OF discitaries men
t:onc,l was liable to Il fine Of five shllings for
every such oircnsc. No pei sca was, however,
{" receive more than thrty-nino lashes or
o"rr three hours in tho stocks for any ono
otlenae. i'hen the fines were not inniedi-
alcly paio hd the accused was not free
holder OF rcA!.-.'tublc person, it was the ma.
gistrate's duty 70 order him whipped or put
i'll Tho stocks. Tho magistrate had power to
appoint Il person as constable for tho purpose,
who, ii lie refused to act, was Liable to a fino
OF ten shillings a like penalty was imposed
on the magistrate or other officer guilty
themselves of cursing, swearing or drunken
ness, or emitting to enforce the law No
person was permitted to work the Sab
bath suffer such 10 bo done or allow his
children, servants OF -layes to engage IN
%uuinG. hun,in.;, fishing or other unIawfl.!
p;st!mc, ." 'hn day, under penalty nf oG3
pounds of tobacco.
SEVERE ruNEstlINNT goK SLAVES
, II tho severity ot these Old a.ss contrib
| u'ed To making any class an orderly, law
abiding class, the slaves should have become
such. An act of l722, for instance, provided
that sla"cs convicted of petit treason, mul>
her or house burning should be adjudgetl .'to
1lve thcright hand cut of, TO be hanged in tho
usual manner, the head severed from the body
the body divided into four quarters, and head
and quarters set up in the most public places
OF the county" Tho same act rccited that as
several fclo!s had broken and entered shops.
stoIchouses and warehouses and stolen goods,
and it had bssl doubted whether such. wero
eNclnde'l, by law in force, from the benefit OF
clergy it declared if such offender took
goods to tho value Of five shilllngs, and is
convicted therefor, he shall suffer death
without the benefit Of Clergy
The act of t@1 imposes u penalty of death
without tho benefit Of clergy on any slave
who shall break into and steal from any to.
blcco house, and like penalty for stealinc
any boat Of over seventeen feet and taking it
ten miles, Or for aiding or abcttins another
to do So IN li5l death without the benefit
of clergy was imposed upon slaves who ad-
viscd or attempted to raise an insurrection.
who attempted to murder or poison, commit.
| ted rape upon white woman, or was con.
victcd of house burning. The same act pre-,
vided that any slave convicted of giving false
| testimony should have one ear cut off on tho
day Of conviction, and receive thrty-nine
stripes on the bare back, havc the other ear
cropped the next dav and receive a like mum.
bcr ut stripes Oh the bare back
Ii!s act also provided that slaves rambfiu,
OF GOING abroad ut night, riding horses with.
cut leave or running away, should be- sub
Icct to whipping, cropping, or branding on
the cheek with the letter "R." 1t elso pro
| V.ded that Il O slave wero killed in the at
tempt to capture him the person doing the
k'i!ins should be exempt from prosecution.
| y subsequent act amended this so as to pro
vldo for tho trial Of the party. and if it ap-
l'ar that the killing vas done in tho lawful
| execution OF this act. lie should not only be
acquitted, but the public should pay all costs
| a person who enticed slave to run away
| had to pay to tic owner the value of the slave
and suffer ono years imprisonment If a
white servant was guilty of this ofrense he
was liable to four years servtude.
| 'ngton Sta"