Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1889-06-14
STOCKS AND HOT IRONS.
SEVERE LAWS THAT WERE IN FORCE
EARLY IN THE CENTURY.

| Death Without Benefit of the Clergy.
Tongues of Blasphemers Bored-Crimes
for Which, Slaves Could Ne Hanged and
Quartered-The Sabbath Laws.
The old Maryland criminal laws, many Of
which continued in force in the District after
the cession of the ten miles square to the
| Federal government, provided for many GU
rious punishments which would now be con-
sidered barbarous Some of these laws re-
main unrepsaled by congress. These laws
are set forth in two old volumes, unfamiliar,
at least to laymen, known as Kilty's Digest,
| published at the beginning of the century. A
glance through First Kitty shows that at
each successive session of the general assem-
bly, provision was made to make the laws
more effective by providing fees for inform
ers or by increasing the penalties
| TO PREVENT FALSE SWEARING.
In 1862 an act was passed providing that
person convicted of procuring witness to
swear falsely shall forfeit SO or suffer i'm
prisonment one whole year and stand in the
pillory one hour, and that afterward he shall
not be received as witness The second Sec
ton provides that a person convicted of
willful perjury shall forfeit EGO, suffer six
months imprisonment, and, if he shall not
have the goods to pay the EGO, shall be set in
the pillory and have both ears nailed. As in
the case of the procurer, he could not after
ward be received as a witness. A subse-
quent act, however, provided that person
so convicted may give evidence against con-
victed persons
In IT'S an act was passed providing that
justices of the county courts shall have juris-
diction in cases of thieving and stealing when
the goods are not over 900 pounds of tobac-
co in value, and have power to impose penal
ties of fourfold the value of the stolen prop
erty, to be returned to the aggrieved party
putting in the pillory and whipping, not ex-
ceeding forty stripes. If incapable of return
ing the fourfold, the convicted person shall
receive the corporal punishment and satisfy
the claim against him, and the fees for con-
viction by servitude. subsequent offense
by the party, if the goods are of the value of
twelve shillings, is made triable in a provin-
cial court. On conviction he shall pay four
fold be branded with hot iron and receive
other corporal punishment, as the court shall
adjudge. To kill unmarked swine above
three months old, or to conceal or disfgure a
mark on swine subjected the offender to SIM
liar penalties
THE BLASPHEMY ACT.
The act of 1928, chapter 16, is what is known
as the blasphemy act, and provides for the
punishment of blasphemers, swearers, drunk
ards and Sabbath breakers. The first section
provides that any person who shall whiting
ly, maliciously and advisedly, by writing or
speaking, blaspheme or curse God, deny
the Saviour to be the Son of God, or deny
the Trinity, shall for the first offense be bor-
ed through the tongue and fined e20 For
the second offense he shall be burned in the
forehead with the letter B and fined $40, and
in default Of payment be imprisoned twelve
months. For the third offense the punish
ment is death without the benefit of clergy.
For profane swearing in the presence of a
magistrate, minister, vestryman, warden or
constable, a man could be punished by fine
of 2s for the first and IS. for each subsequent
OATH
Any person who should be drunk before
any one of the officials or dignitaries men,
toned was liable to a fine of five shillings for
every such offense. No person was, however,
to receive more than thirty-nine lashes or
over three hours in the stocks for any one
oifense. When the fines were not immedi-
ately paid and the accused was not free
holder Or respectable person, it was the ma
gistrats's duty to order him whipped or put
in the stocks. The magistrate had power to
appoint person as constable for the purpose,
who, if he refused to act, was liable to fine
of ten shillings A like penalty was imposed
on the magistrate or other officer guilty
themselves of cursing, swearing or drunken
ness, OF emitting to enforce the law No
person was permitted to work on the Sab
bath or suffer such to be done, or allow his
children, servants or slaves to engage in
gaming, hunting, fishing or other unlawful
pastimes on that day, under penalty of 200
pounds of tobacco. -
SEVERE. PUNISHMENT FOR SLAVES.
If the severity of these old laws contrib
utcd to making any class an orderly, law
abiding class, the slaves should have become
such. An act Of 1929, for instance, provided
that slaves convicted of petit treason, muir
der OF house burning should be adjudged ito
have the right hand cut off, to be hanged in the
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," The same act recited that as
several felons had broken and entered shops,
storehouses and warehouses and stolen goods,
and it had been doubted whether such were
excluded, by law in force, from the benefit of
clergy, it declared if such offender took
goods to the value Of five shillings, and is
convicted therefor, he shall suffer death
without the benefit of clergy.
The act of 1887 imposes penalty of death
without the benefit of clergy on any slave
who shall break into and steal from any to-
bacco house, and a like penalty for stealing
any boat of over seventeen feet and taking it
ten miles, Or for aiding or abetting another
to do SO. In 1851 death without the benefit
of clergy was imposed upon slaves who adj
vised or attempted to raise an instruction.
who attempted to murder or poison, commit
ted rape upon white woman, OF was con-
victed of house burning. The same act pro-
vided that any slave convicted of giving false
testimony should have one ear cut off on the
day of conviction, and receive thirty-nine
stripes on the bare back, have the other ear
cropped the next day and receive like num-
Der of stripes on the bare back.
This act also provided that slaves rambling
or going abroad at night, riding horses with
out leave, or running away, should be SUBJ
ject to whipping, cropping, or branding on
the cheek with the letter FRI 1t also pro-
vided that if a slave were killed in the at
tempt to capture him the person doing the
killing should be exempt from prosecution.
A subsequent act amended this SO as to pro-
vide for the trial of the party, and if it APP
pear that the killing was done in the lawful
execution of this act, he should not only be
acquitted, but the public should pay all costs
A person who enticed a slave to run away
had to pay to the owner the value of the slave
and suffer one years imprisonment If a
white servant was guilty of this offense he
was liable to four years servitude-Wash-'
ington Star.
Rest in Rocker.
In his book on Jonathan and His CONT
nent," Max ORell describes how Americans
enjoy themselves at the winter resorts III the
south. He tells somewhat derisively of how