Texas
Slave Codes Slavery
as an institution in Texas began in Stephen F.
Austin's colony. when Stephen Austin was
recognized as heir to his father's contract
in 1821, each settlers could receive eighty acres
of land for each slave brought to Texas.
The institution of slavery
in Texas was supported by the legal system. The
entire life of the slave was controlled by rules
and regulations. In addition to those passed by
individual masters for their own plantations
there were many local and state laws. The
slave had no property rights and no legal rights
of marriage and family. Slaveowners had broad
powers of discipline
subject only to constitutional provisions that
slaves be treated "with humanity" and
that punishment not extend to the taking of life
and limb. A slave had a right
to trial by jury
and a court-appointed attorney when charged with
a crime greater than petty larceny. However,
blacks could not testify against whites in court,
a prohibition that largely negated their
constitutional protection. Although the law
contained some recognition of their humanity,
Texas's institutions, both social and legal,
constantly reminded the black man he was property
not a human being.
Free blacks and slaves both
emigrated to early Texas. Consequently laws
were developed for both free blacks and slaves of
African descent.
The Mexico government
accepted free blacks as equals to white
colonists. The
state government of Coahuila and Texas national and the government
in Mexico City both
threatened to abolish slavery, but because of
contradictions with it policy of encouraging
emigration neither government adopted any
effective policy to prevent slavery in Texas. The
end of the Mexican War of Independence (1821) saw
many fundamental changes in the lives of free
blacks in Texas. Stricter laws were passed
governing the lives of free blacks While the
Mexican government treated free blacks as equal
citizens the Republic of Texas sought to restrict
the freedoms they already enjoyed and
strengthened the institution of slavery. The
Constitution of the Republic of Texas (1836) was
the first Anglo-American constitution to govern
Texas.The Constitution designated people of
one-eighth African blood as a separate and
distinct group, took away citizenship, sought to restrict property
rights, and forbade the permanent residence of
free blacks without the approval of the Congress
of the Republic of Texas. Interracial
marriages were also
legally prohibited. In addition, the
constitution provided that slaves would remain the
property of their owners, that the Texas Congress
could not prohibit the immigration of
slaveholders bringing their property, and that
slaves could be imported from the United States
(although not from Africa). After
annexation(1845), free blacks were subject to harsh
punishments usually reserved only for slaves, including
branding, whipping, and forced labor on public
works.
A law regulating
sale of runaway
slaves was enacted in1841. A notice of the
apprehension, with a full description of the
slave, was to be published weekly in one of the
gazettes at the seat of government, for one
month, and printed copies was furnished to the
clerk of the County Court, and it was the duty of
the sheriff or jailor having custody of the
slave, to ascertain as nearly as may be, the name
of the owner.
Cat o' nine
tails
In 1846 a system
of patrol was
started in Texas. A patrol detachment consisted
of one captain and not more than five privates
nor less than three, provided, that one half of
the patrol appointed shall be owners of slaves,
or their substitutes. The patrol were charge to
search suspected places for harbored, runaway or
fugitive slaves, apprehend and carry the
same before a justice of the peace, and
also to apprehend any white person who may be
found in any assemblage of slaves, or in or about
any negro quarter, without having the permission
of the owner of such slaves. A slave caught
without a pass was liable to any number of lashes
not exceeding twenty-five. The patrol could enter
private property to check the negro quarters and
all other places that slaves are assembled.
In
1853 a law concerning offences committed by
Negroes was enacted.
It read in part:
- That if a slave plot
or conspire to rebel or make
insurrection, he shall be punished
with death.
- That if a slave commit
an offence for which a free negro, if he
had committed it, might be punished by
confinement in the penitentiary for a
period less than three years, such slave
shall be punished by stripes, not
exceeding fifty, at the discretion of the
jury.
- That if a slave commit
an offence, the commission of which, by a
free person, is punishable as a
misdemeanor, he shall be punished by
stripes not exceeding thirty-nine.
- That a negro shall be
punished with not exceeding thirty- nine
stripes, for the commission of the
following offences: first, if he use
provoking language or menacing gestures
to a white person; if he punish a slave,
without the consent of his owner or
manager, any pass, permit or token of his
being from home with authority; if he
keep or carry fire-arms, sword, or other
weapon, fourth, if he be guilty of being
in a riot, rout, unlawful assembly, or of
making seditious speeches.
During the Civil War laws
were passed making it a crime to incite
insurrection or insubordination of slaves; and the hostile
invasion of the State
of Texas by persons of color was outlawed. In
addition, as the male head of household
went off to war, usually a trusted slave was put
in charge of the homestead. Owners or employers
of slaves were prohibited from placing slave in
charge of farms
or ranches. Later a law was passed to
prohibit "pretend ownership of
property."
Finally, slaves in Texas
generally had the legal status of personal
property. They could be bought and sold,
mortgaged, and hired out. They had no legally
prescribed way to gain freedom. Various laws were
enacted to protect the slaveowner monetary
interest. On January 15, 1839, the Texas
Legislature enacted a law that prescribe
punishment for any person who was found guilty of
harboring or clandestinely supporting any runaway negro slave. Subsequent
legislations made it a crime to
buy any article
from a slave without the written consent of
his or her master, the hiring of
a slave was
regulated, a person who abuse any slave was liable
to be sued,
the forced sale of slaves(repealed) was prohibit, and the
owner of a slave executed received from the
Treasury of the State, one half of the appraised value of
the executed slave
Most of the
important provisions here cited, though placed
under the name of only Texas, prevail in nearly
all the slave states, with slight variations in
language, and some diversity in the penalties
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