The times. [volume] (Washington [D.C.]) 1897-1901, 1901-03-31
CURIOUS old STATUTES
Laws That hat Once Prevailed in the
District of Columbia.
Penalties Attached to Trivial Of
fences Hundred Years Ago
Heavy Fines for Selling Too Much
Fire Water to the Indians.

! The discussions which have followed
the adoption of the new code of laws for
| the government of the District have
called to mind some of the laws which
/ were in force at the time the territory
| was eeded to the Government by the
| States of Virginia and Maryland. "A few
! examples of the statutes which We're in
| force at that time and perhaps half a
| century after, and from which the pres
| ent laws have been evolved, will no
| doubt prove interesting. Four years be-
/ fore Walter S. Cox, member of the
bench of the Supreme Court of the Dis
| triet commenced a compilation of lows
for the government of the District, a
| similar task had been undertaken and
| most acceptably performed by William
Stone Albert, prominent member OF
the local bar. Mr.. Justice Cox, however,
| had a very different field Of legal litera-
ture from which TO gather the material
| for his code from that in which MI.
Albert was compelled to labor. The latter
| was asked to evolve a system of laws for
the government o. the District out of the
raw material found in the statutes OF
nearly a hundred years ago, many or
which were unreasonable, ana which to-
day would be considered barbarous and
inhuman.
In the early days of the settlement of
the Colonies offences against morals or
wrongs to private persons were punished
most severely. drunkenness being punish
able ar the whipping post and the steal
ing of horse by death upon the gallows.
Blasphemy was also very abhorrent to the
ears of the Colonists, and was punishable
by heavy fines. So great were the fines
that if the same law were in force today
he tod NV
this source of revenue alone. Accord
ing TO the statutes it was compulsory for
the clergy to read the laws relating to
them In the churches at least four times
a year In case they failed to do so they
were compelled to pay the penalty In the
shape of 1000 pounds of tobacco, which
was of great value in those days. and
passed in all business transactions as cur
rency. For instance, in the case of SELL
ing liquor to Indians, violations of the
law were punished by very heavy fine. the
first offence being punishable by fine or
5000 pounds of tobacco.
The law, however, was not so restrictive
as the Tillman dispensary law of South
Carolina OF the present day. In fact, the
trainers of the law seemed to be governed
more by the capacity of Indians to tote
liquor than by anything else in restricting
the sale of it TO them. According to the
statute a dealer in liquors was allowed to
sell as much as one gallon in single day
to an Indian. One of the quickest drunk
makers sold in those days to the red men
was a beverage known as perry.
This was concocted from the juice OF
pears. and is said to have been very In
toxicating. An instance is cited in the
old law reports where it is stated that
on one occasion an Indian charged with
drunkenness admitted to the court that
he had drunk as much as five gallons of
intoxicated. The -ourt informed the
prisoner that five gallons was too much
for any one man to AK in day, but
the Indian thought differently, and said
that too much was Just enough" for
him. Horse stealing was an unpardon-
able crime in the eyes OF the Colonists,
and was punishable by death upon the
galiOws. The burning OF snip over
seventeen feet in length was also con-
sidered a capital offence. and the OF
fender was made to pay the penalty or
his crime on the scaffold- In most cases
the law provided that where the offender
was not able or refused to pay the penal
ties imposed in the way of INES, ne was
placed in stocks, and after the public
had time to view him he was whipped in
the market place.
\ terrible punishment awaited those
who were so foolhardy as to swear in
the presence of minister of the gospel.
the sheriff, coroner, or magistrate For
th, first offence a fine of shillings was
imposcd and for Il second or other like
violation of the law the penalty was
made shillings for each and every oath
Disrespectful speech in relation to the
Deity or an open denial OF NnrlSt was
punishable by fine of Sl00, and in default
of payment the offender was imprisoned
for a period of six months. For second
offence of this kind the letter ''B was
branded upon his forehead with red
hot iron, and for the third offence he was
put to death. Forgery was also severely
punished by the early laws. The alter
ing or changing of will was a crime OF
the highest degree. for which death was
considered too light penalty. Embezzle-
ment was also severely punished, and
persons convicted of this crime were de-
prived OF all their lands and chattels,
one-half of which reverted to the Gov
eminent and the remainder to the person
injured.