The Montgomery advertiser., 1907-03-17
CRUEL LAWS IN
 EARLY DAYS
STATUTES. NOW HAPPILY RE-
 PEALED, ONCE UPON BOOKS.
Duckfng for Women scoIds and the Pfllory and Whipping Post--Poer Debtors at One Time Cast Into
 Prison in the Hoosier state.

Pfllory and Whipping Post---P0or
 Debtors at One Time Cast Into
 Prison in the Hoosier State. Indianapolis News.
 'No doubt our forefathers were very good men, but it took them good while to recognize the sacredness of personal rights and individual liberty, said a lawyer who had been looking into the subject Some of the Colonial laws were harsh to the point of cru- city, and 1t was many years after the successful war for independence before the people got rid of all the harsh laws inherited from England"
 This is true. The oolonists were very jealous of their rights as against the mother country, but same of their laws showed scant regard for the rights of individuals. Among the early penalties for violations of law in different colo nies were fines, Imprisonment, banish- ment, standing in the pillory, whipping on the bare back, sitting in cage, ducking, cutting off one ear or both ears, branding on the forehead, dis- memberings etc.
 These brutal punishments were bor-. rowed from England, as was also im- prisonment for debt, which was not 1 abolished in England until during the reign of Queeen Victoria.
  Massachusetts had this law,-enacted fin 1672:
 whereas, There is no express pun {, ishment, by any law hitherto establish ed, affixed to the evil practice of sun dry persons by exorbitancy of tongue in railing and scolding. 1t is, therefore. ordered that all such persons convicted before any court or magistrate that hath proper cognizanoe of the case, shall be gagged or set in ducking stool and dipped over head and ears three times in some convenient place of fresh or salt water, as the court or magistrate shall judge meet"
 Something of the harsh spirit of these early colonial laws survival tiii after the revolutionary war and found It's way Into the early legislation of the States and of the Northwest terri tory--not the laws themselves, but something of their harsh spirit. When the Northwest territory was organized, public whipping and Imprisonment for debt were legal penalties and horse- stealing was punished by death.
 For Unruly Servants.
 A territorial law passed In 1907 pro- vided that "If children or servants shall, contrary to the obedience due to their parents or masters, resist or re- fuse to obey their lawful commands, on complaint thereof to any justice to send him or them so offending to the jail or house of correction, there to remain un- til he or they shall humble themselves to the said parents or masters satis- faction, and if any child ork servant shall, contrary to his boundAn duty, presume to assault llis parent or master, on complaint and conviction thereof, before two or more justices of the peace, the offender shall be whipped not exceeding ten stripes"
 The term servants" in this law Is somewhat vague, but 1t probably ap- piled only to colored servants who were held in the territory as slaves. It did, however, apply to white ehil- dren, who, under 1t, might be put in jail for disobeying their parents. The apprentice law during the territorial pe- riod was not as severe as one passed many years later.
 A territorial law provided for im- prisonment for debt and this continued to be the law for several years after the State was adpitted. The Constitution of 1916. however, provided that ''the person of a debtor, when there is not strong presumption of fraud, shall not be continued in prison after delivering up his estate for the benefit of his cred itor or creditors.
 Severe on Poor Debtors.
 The early territorial laws regarding poor debtors were very severe. Not only could they be imprisoned for debt, confined to a diet of bread and water only, but when released the sheriff might sue them for the expense of keeping them and put them in jail again.
 In 17s5 law was passed for the whole Northwestern territory entitled "A law for the easy and speedy recov- cry of small debts" This law gave jus tices of the peace eficlusive jurisdict- ion, without benefit of appeal, of act ions for the recovery of debts under $5 and provided for the Imprisonment of the debtor until payment of the Judg- ment and costs.
 debtors for a few dollars were some- times compelled to travel long dist ance to appeaFin court and then put in jail because they could not pay. The law was further abused by hard cred itors splitting up debts of $25 of s39 into sums under $5 and so making sav- eral suits, Judgments and imprison- ments for the same debt. This law was mItigated by the first territorial Legislature of Indiana, but in9rison- ment for debt was not wholly done away with.
 Bachelors Fare Badly.
 A law passed in November, 1908, taxed real estate at thirty cents on each $100 and provided that a single man above the age of 21 years not having property to the amount of $400 and neg1ecting to pay the tax against him should be committed to the coun- ty Jail, where he shall remain until the said tax shall be paid, unless some reputable person, in the opinion of the sheriff. shall be forthcoming therefor. :" As the law applied only to single men. nerhans it was infended to promote