| Maryland Law |
| The law defines the parameters of slavery. While legal rights were not necessarily enforceable rights, slaves did develop legal rights before the Courts. In fact, the story of the law and slavery is an anazing story of the struggle of a people to assert basic, fundamental acts of protection in a democratic society. While it is not always a story of triumph, (especially with the increasing harshness of the law) it is the story of people who refused to give up. People who, throughout the history of this country, developed their rights throuh the court system. Colonial Law From the settlement of Maryland in 1634 (Charter)the tradition was not one of slavery but of servitude. Yet by 1660 slavery became codified on the law books of Maryland.1 The institution of slavery in Maryland grew from small beginnings of distinctions of color. By 1662 Maryland had banned interracial marriages describing the marriages "always to the Satisfaction of their Lascivious and Lustful desires, and to the disgrace not only of the English butt also of many other Christian nations."2 Although slavery already existed outside Maryland law, by the Maryland Act of 1664 slaves became servants for life and their issue became slaves as well. Even in this early age, persons held in bondage were able to petition the General Court of Maryland to achieve their freedom: John Babtiste, Thomas Hagleton, William Upton received their freedom; Charles Cabe, Joyce Giddings, and Tom Blanco did not.3 The Maryland Assembly in 1695 passed an act calling for corporal punishment for slaves engaged in assembling on Sundays The Maryland Assembly in 1737 passed an act against stealing, taking, and carrying away slaves.4 The Maryland Act of 1751 defined the aiding of runaways and the punishments for such undertakings. The punishment was the payment in full value for the runaway slave. The Maryland Assembly 1751 also saw the passing of An Act for the more effectual Punishment of Negroes and other Slaves, and for taking away the Benefit of Clergy from certain Offenders: And A Supplementary Act to an Act entituled, An Act to prevent the tumultuous Meeting and other Irregularities of Negroes and other Slaves, and directing the Manner of trying Slaves. This law gives specific punishments such as cutting off an ear and burning an R on the cheek of a slave. State Law (Constitution of 1776) The first law regarding slavery in the State of Maryland was passed in December 25, 1788 (Maryland Act of 1789). Slavery was contained in "An Act for the more effectual punishment of criminals." The criminal code listed crimes and punishments for free and bondeed servants. In section 13 it reaffirmed the Maryland Act of 1751 entitled "An Act for the more effectual punishment of negroes and other slaves and for taking away" and the "An Act for the more effectual punishment of negroes and other slaves and for taking away" and the "An Act to prevent the tumultuous meeting and other irregularities of negroes and other slaves." Judges were required to pass the death sentence or forced public labor not exceeding 14 years. (See Prince George's Prince George's County and Slavery Appreciation Certificate) If the sentence did not require death, the owner would be reimbursed what money could be made from the sale. The slave would work the sentenced time and then be sold with the profits going to the county or state. The 1789 Assembly reaffirmed the Maryland Act of 1752 entitled "An Act to prevent disabled and superannuated slaves being set free, or the manumission of slaves by any last will or testament." This was reaffirmed till the next assembly. The 1790 Assembly rewrote this Act stating in the preamble that: "It is contrary to the principles of justice to prevent the manumission of slaves by last will and testament..." Manumitted slaves had to be under 50 years and able to work. William Pinckney in the 1789 Assembly fought hard against closing off the possibility of slaves ever having freedom: "You are not called on at this time to compel an emancipation of your slaves...They have destroyed almost the only opportunity these wretches can have of regaining the Station to which God and nature have given them title." The Act aslo placed penalties against anyone that would remove freed blacks or slaves that were about to be manumitted from the state. The code imposed punishments rangingfrom 300 to 400 pounds against the offenders. the law also provided for the suppport of old and incapable slaves, making owners responsible for the food, clothing, and shelter of these persons. Upon oath, the Justice of the Peace was responsible for fining the owner and using the money to provide for the poor of the county. In 1791, the Assembly once again experimented with limiting the number of slaves in the state by creating an act entitled "An Act to prohibit the bringing slaves into this state." Slaves that were inherited by Marylanders could be brought into the state. However, those slaves must have been residents of the United States before April 21, 1783 or descendants of slaves that were residents of the United States. All slaves had to be registered with the clerk of the county. Slaves could not be brought into the state for the purpose of sale. The Supreme Court ruled in Scott v. Ben, 6 Crach, (10 U.S.) 3, that a slave could not gain their freedom because a master had neglected to prove that the slave had resided in the U.S. three years before importing the slave into Maryland. Yet many suits were made over the issue of the proper registering of the slaves with the clerk of the county. In 1792 "An Act to Prevent and Suppress Insurrections" passed in the 1778 Assembly was voided. In the same assembly action was taken against sheriffs who failed to advertise the capture of runaway slaves. Sheriffs were required to advertise in a public newspaper within 20 days a physical description of the slave including clothing that the slave was wearing. If the sheriff did not follow the act, he would be fined 20 pounds which would go to the slave owner. (See Sheriff's Notice). The 1794 Assembly rewrote the law for bring slaves into the state so that anyone moving into the state could bring slaves with them as long as the slaves were residents of the United States for three years prior. These slaves could not be sold in Maryland for three years except in cases of death of original owners or the sale by the state for criminal behavior (See Prince George's Deposition). By 1795 the Assembly decided to renew all the basic acts in existence concerning slavery. This included: "An act for the more effectual punishment of negroes, and other slaves, and for taking away the benefit of clergy from certain offenders", and a supplementary act entitled, "An act to prevent the tumultuous meeting and other irregularities of negroes, and other slaves, and directing the manner of trying slaves passed May session, 1751"; "An Act to prevent certain evils and inconveniences attending the sale of strong liquors, and running of horse races, near the yearly meetings of the people called Quakers, and to prevent the tumultuous concourse of negroes, and other slaves, during the said meetings"; passed 1748. By the Assembly of 1796 a new code was passed entitled "An Act relating to Negroes, and to repeal the acts of assembly therein mentioned." It reaffirmed the law to bring slaves into the state as long as they were in the U.S. for three years and the purpose of bringing them into the state was not to sell them. Manumitted slaves were not allowed to vote or give testimony against whites. It also reaffirmed that slave owners could not turn out their slaves. It upheld the rights of owners to manumit their slaves. This act served as the basis for constant challenges by slaves with petitions for freedom because of the technical nature and length of the act. From the District, the law firm of Marbury & Brent and Mr. R. S. Coxe offered many challenges throughout the 1820-40's These early acts of the Maryland Assembly had another influence on slavery. The original District of Columbia was composed of the County of Washington and the County of Alexandria. As the County of Washington was composed of land donated by the State of Maryland for the new capital, the laws passed prior to the donation of the land remained in effect as the basic law of the County of Washington. The County of Alexandria was the Virginia land ceded for the new capital and remained under Virginia law until it was finally turned back over to the Commonwealth of Virginia. However, for over fifty years this created a system of duel laws for the District of Columbia where a river served as the dividing line. The 21 section of the Maryland Act of 1796 also gave the rules regarding petitions for freedom. (See Petition of Milly Ogleton). While slaves were allowed to petition for freedom, it was only because the law gave slaves the right to ask for petitions for freedom. There was no statute on the books which gave a person in slavery a right to petition but it probably came from the Maryland Act of 1715 in cases of complaints between masters and servants. Under the Act of 1796 slaves had to file petitions for freedom in the county courts where the master lived or where he had directed the slaves to live. The Assembly's laws which prohibited the importation of slaves under the 1796 Act or the 1783 Act was upheld by the Federal Government in the case of Delilah et al. v Jacobs et al.(Case No. 3,773) District of Columbia, Oct Term 1832. Delilah and several other slaves sued for freedom because a Mr. Childs imported them from Virginia. Mr. Childs defense was that the State of Maryland had no right to prohibit Marylanders from bringing slaves into Maryland because of a compact between Maryland and Virginia that allowed them to bring their effects into each others state free of duty. By 1800 the Assembly was making different punishments to distinguish between free and slave. An ACT for the preservation of the breed of fish in Great Choptank river. In 1801 the Assembly used an individual act to end a marriage. An ACT annulling the marriage of John Crist, of Frederick county, and Susannah his wife. 1801 WHEREAS John Crist, of Frederick county, by his petition to this general assembly hath set forth, that his wife Susannah had prostituted herself with a negro man, and after her intermarriage with the said John Grist was delivered of a mulatto child in consequence thereof, and prayed that an act might pass annulling his marriage with his said wife ; and the allegations of said petitioner being proved to the satisfaction of this general assembly, therefore, II. BE IT ENACTED, by the General Assembly of Maryland, That the marriage of the said John Grist and Susannah his wife, heretofore solemnized, be, and the same is hereby declared to be, ab- solutely and to all purposes null and void; and the said John Grist and Susannah his wife are here- by declared to be divorced a vinculo matrimonii. The Assembly in 1802 rewrote the Act relating to runaway servants and slaves. The new law gave a sheriff permission to sell the slave if a slave was unclaimed after 60 days from the last date of the advertisement. The sheriff was required to report to the Levy Court the number of slaves sold and the amount raised by their sale. The money stayed in the Levy Court for five years for the owner of the slave to claim. The sold slave had to remain in Maryland for two years before removal to any other state. By 1802 the Assembly reversed itself again so that any slave that was to serve a limited time (such as a child) that had run away (except for conditions of ill treatment) could have their term extended as much as the court thought was reasonable. The 1805 Assembly passed a special bill for one Robert Williams, a free black man, and his wife and children. Robert purchased his wife and children from their owner. Instead of being manumitted they actually had been sold to Robert Williams and were therefore his slaves. Unfortunately before Mr. Williams could prepare a will that would have manumitted them he went insane. The Assembly granted freedom to his wife and family. (See Reasons for Freedom) The 1808 Assemby addressed the issue again because of additional names of children. The 1805 Assembly also tackled the problem of certificates of freedom. The new certificates were to be issued only by clerks of the county courts and were to contain a physical description of the former slave and contain the county seal. Any manumitted black that wanted to travel beyond his county of residence was required to obtain a certificate form the Clerk of the Court (See Freedom by Will). A supplimental bill was passed by the 1808 Assembly. Attached to this Act was a provision for tumultous meetings that required the Constable of every hundred to look for tumultous meetings of blacks. Freed blacks received a fine, while slaves would be whipped at the constable's discretion, not exceeding 39 lashes. The Assembly of 1808 passed an act that allowed blacks and mulattoes to testify against each other in a court of law. The Assembly of 1809 rewrote the conspiracy laws. All blacks and whites that were actually guilty of leading an insurrection would receive death by hanging. (See Bill Wheeler) For conspiring they would be confined for not less than six or more than 20 years in the penitentiary. In their rewrite of the laws the punishment the punishment for any slave was still death by hanging but the court could now sentence lashing up to 100 times on the bare back. Another punishment of the state was banishment as a slave to another state or a foreign country. The Assembly also passed a law entitled: "An Act to ascertain and declare the condition of shuch issue as may hereafter be born of Negro or Mulatto Female Slaves, during their servitude for Years, and for other purposes therein mentioned." This law stated that if the last will and testament or condition of servitude did NOT mention that the children of said slave were to be also freed, then they would remain slaves after the freedom of their mother was granted. By the 1812 Assembly, the Act of 1796 relating to negroes was repealed and a new act written to take its place. It allowed slaves to be hired out to an adjoining county of a neighboring state for a period of one year. In the 1814 Assembly. The Maryland Supplementary Act of 1728 entitled "An act relating to servants and slaves' was repealed. The 1817 Assembly denied the slave any possibility of doing work for anyone else but his owner. The bill limited their amount of employable work to over thrity days or up to twenty days at harbest. The only exclusions to this bill were pilots. The 1817 Assembly also rewrote a comprehensive law regarding unlawful exportation of Negroes and Mulattoes and supplemented the runaway laws. This act gave a two year penitentiary term for persons who unlawfully tried to sell either slaves or freed blacks. The runaway law removed from the sheriff any power of determination as to the fate of the runaway and placed it in the hands of the judges of the county court. The 1819 Assembly tackled the punishment section of the criminal code that included holdovers from the 1732 Assembly concerning whipping, boring through the tongue, and burning on the forehead. All these were repealed. The 1822 Assembly made it the duty of the Constable to keep records of the slaves they hired out. The money was to be turned over to the Levy Court for the benefit of the county. The Assembly of 1826 began rewriting the manumission laws that would cause extreme difficulty for slave owners to allow slaves to be freed. Deeds of manumission had to be evidenced by two or more good and sufficient witnesses. Execution of the deed had to take place before the slave reached 45 years, nor could it began until the slave was over 10. The 1827 Assembly decided to combat the growing problem of individuals encouraging runaways. For a free person to encourage a runaway the punishment was up to six years in the state penitentiary. For a slave to convince another slave to run away the punishment was thirty-nine lashes. (Assisting Runaways) Both the 1832 Assembly and the 1833 Assembly were concerned with the introduction of slaves into the state. The major emphasis of the act was to prohibit the introduction of slaves into the state for the purpose of sale. However, the law did make it possible for new slaves to come into the state viz, marriage, inheritance, or by the owner moving into the state for the purpose of becoming a citizen. The 1833 Assembly also increased the bounty for runaway catching from $6 to $30. This money was paid by the slave owners. The Assembly, in a separate bill, authorized county courts to sell violent or runaway slaves outside the state. The court held the power to evaluate the conduct of the owner and the owner's agent. By 1835 acts of the abolitionists were being taken more seriously by the legislature. The Assembly declared it illegal for "any person knowingly to circulate, or in any way, knowlingly assist in circulating among the inhabitants thereof, any pictorial representation, or any pamphlet, newspaper, hand-bill or other paper, printed or written, of any inflammatory character, having a tendency to create discontent among, and stir up to insurrection, the people of color of this state." (See Prince George's Memorial). The crime was a felony with a sentence of not less ten or more than 20 years in the penitentiary. The law also made it a crime for any citizen of the state to print any material or to aid in the printing of any material that may "excite discontent, or stir up insurrection amongst people of color of this state." The punishment for this was also 10 to 20 years in the penitentiary. The 1836 Assembly was prepared to again take on the problem of black navigators. Because black navigators carried slaves to freedom, no black could navigate a ship without having at least one white man over the age of 18 on board. The punishment was the sale of the boat. Once again, Baltimore County and Anne Arundel County were exempt from this act. In 1837 the Assembly amended the Constitution of the State of Maryland. Section 26 of the amendment stated that both houses of the Assembly must pass a unanimous vote for two terms to abolish slavery. If this happened, slave owners had to be paid full value for the slaves. By 1838 new forms of transportation were being used by the underground railroad in providing for the escape of slaves. Railroads and steam ships were being used as easy passage north. The Assembly made it illegal for slaves to be on any means of transportation without the express permission of the slaves owner. The penalty for violating this law was $500. (The railway was the means of escape for Frederick Douglass.) The 1840 Assembly found that there was no law recognizing slavery in Maryland. This was due to the challenges states were making against slavery requiring the proff of existence of actual laws for slavery. The first section reads: "Negroes and mulattoes have been held in slavery in this State as property of their owners from the earliest settlement of this State, and are, and may be further held in slavery as property of their owners; and that every owner of such negro or mulatto is entitled to the service and labor of such negro or mulatto for the life of such negro or mulatto.12 The 1845 Assembly was not satisfied with the punishment by banishing from the state for major crimes. Slaves were to be punished for the crimes of murder, rape, assault with the intent to rob, insurrection, burglary, or arson as anyone under the law would be punished. Only if the slaves were sent to the penitentiary would the owners be reimbursed. The 1846 Assembly went back to the religious law passed in 1831. this assembly made it illegal to have camp meetings for freed blacks or slaves. The only exception was that they could once again attend any "regular" camp meeting held by the white portion of the Methodist Episcopal Church or any other religious sect. The Assembly also reaffirmed that no black, mulatto, slave, indian, indian slave in Maryland or any other state could act in a court of law against a white person. This was a repeal of the 1717 law that allowed persons of the Christian faith to act as witnesses. The 1848 Assembly passed a law that made running away a felony. Any slave that ran away was to be sold at auction and removed from the state. The purchaser had to place a bond with the county that would be forfeited if the slave was not removed from the state. The 1850 Assembly rewrote the laws on the introduction of slaves into Maryland. All previous laws were declared invalid. Emphasis in the law was directed at stopping the import of slaves that had been involved in criminal proceedings in other states or the District of Columbia. |
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| William Pinckney 1764-1822 Peabody Art Collection |
| UNOFFICIAL COPY OF HOUSE BILL 1073
D5 5lr2314 HB 898/04 - HRU ____________________________________________________________________________________ By: Delegate Burns Introduced and read first time: February 11, 2005 Assigned to: Rules and Executive Nominations _____________________________________________________________________________________ A BILL ENTITLED 1 AN ACT concerning 2 Apology for Slavery 3 FOR the purpose of requiring the Governor of Maryland to apologize on behalf of the 4 citizens of Maryland for the State's history of slavery, its long-held silence in the 5 face of slavery, and the atrocities committed under slavery in the State; 6 requiring the Governor to issue the apology on the 143rd anniversary of the 7 issuance of the Emancipation Proclamation by President Lincoln; and generally 8 relating to an apology for slavery in Maryland. 9 Preamble 10 WHEREAS, There were slaves in Maryland from the time that the colony was 11 founded, and historians recognize that the earliest slave was brought to Maryland in 12 the 1630s; and 13 WHEREAS, A 1663 law stated that unless a black man could prove that he had 14 contracted his labor, he was presumed to be a slave in perpetuity; and 15 WHEREAS, Slaveholding grew by significant proportions in the 1690s, so that 16 while slaves made up only 3 percent of the population of the colony in 1658, their 17 numbers grew to 15 to 25 percent of the populations of the various counties in 1710; 18 and 19 WHEREAS, The growth of the tobacco trade in Maryland, and Maryland's 20 resulting wealth, was heavily dependent on the importation and use of slaves; and 21 WHEREAS, Historians recognize that, among the American colonies, only 22 Virginia imported more slaves than Maryland; and 23 WHEREAS, As in other states, slaves in Maryland were whipped and grossly 24 mistreated, with large numbers of slaves forced to suffer from terrible respiratory and 25 other ailments for which they were offered little treatment; and 26 WHEREAS, Husbands and wives were torn apart and their children were 27 ripped from their families, as all were sold within the chains of slavery; and 2 UNOFFICIAL COPY OF HOUSE BILL 1073 1 WHEREAS, In the 1820s slaveholding continued to flourish in Maryland, 2 despite the efforts of abolitionists who held antislavery meetings in Baltimore and 3 Hagerstown, presented an antislavery petition to the General Assembly, and 4 convinced one Baltimore newspaper to refuse the advertisements of slave dealers; and 5 WHEREAS, Although slaveholding in Maryland began a gradual decline after 6 1810, with the slave population dropping from 111,500 in 1810 to 102,400 in 1830, 7 Marylanders still owned 87,189 slaves in 1860; and 8 WHEREAS, From 1830 on, despite this drop in the overall number of slaves, 9 Maryland remained the northernmost slaveholding state; and 10 WHEREAS, The General Assembly responded to the increasing numbers of 11 freed blacks in the 1830s by restricting the activities of blacks and establishing a 12 State board to oversee "the Removal of Coloured People", the repatriation of freed 13 blacks to Africa; and 14 WHEREAS, Militant slaveholders lobbied the General Assembly in 1860 to 15 strengthen slavery, end manumission, and forbid blacks from peddling, traveling, 16 holding their own church services, or having their own schools; and 17 WHEREAS, Baltimoreans rioted on April 19, 1861, in opposition to the 18 movement of Union troops, from Philadelphia to Washington, through the town; now, 19 therefore, 20 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF 21 MARYLAND, That: 22 (1) The Governor of Maryland shall apologize on behalf of the citizens of 23 Maryland for the State's history of slavery, its long-held silence in the face of slavery, 24 and the atrocities committed under slavery in the State; and 25 (2) The Governor shall issue the apology on September 22, 2005, the 143rd 26 anniversary of the issuance by President Abraham Lincoln of the Emancipation 27 Proclamation. 28 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take 29 effect July 1, 2005. |