This paper was written Spring Semester, 1999, under Michael Gagnon, in the History Department, at the University of Georgia, as a requirement for completion of History 4000, "Social History of Antebellum America." The views expressed in this paper are strictly the author's own, and do not necessarily reflect the views of the instructor, the department, nor the university.

HOW LAWS AFFECTED THE EVERYDAY LIVES OF SLAVES

State laws and ordinances heavily regulated the lives of slaves. Even though slave laws varied throughout the United States, some laws were universal. Sometimes, these laws were not heavily enforced; therefore, giving some slaves more freedom. If a slave broke a law, he/she was usually punished in some way. Slaves in Athens were treated similarly to slaves in other states. Although many of the laws abolishing slavery did not affect people who were already slaves, they did however, affected their children.

Slave life in Athens was similar to the life of slaves living in other states. There were many ordinances that regulated the activities of slaves living in Athens. In 1802, there were 1,143 slaves listed in the tax digest. By 1805, the number had risen to 1,699.1 The increasing number of slaves caused increased concern about their activities. In January 1816, an ordinance was passed fining any person five dollars for selling liquor to slaves without the written permission of their master. The town constable was authorized to disperse gatherings or "five or more persons of color" who were outside the premises of their master or employer. If they failed to respond to his order, they could receive up to ten lashes. The ordinance also prohibited persons of color to sell anything in town without the written permission of their masters or employers. Both the buyer and seller were fined five dollars, and if the black person could not pay, they could receive up to ten lashes.2

In February of 1837, it was the duty of the marshal and his deputy to prevent "Negroes" from assembling on the "streets, sidewalks, and public piazzas" of Athens on Sunday, or any public day. It was also their duty to whip or confine all "Negroes" caught in the streets after 9:00 p.m. The owner of the slaves either paid a dollar fine or the marshal whipped the slave at his discretion. Furthermore, slaves were not allowed to hire their time, and rent for the purposes of selling cakes or beer within Athens for any purpose. Finally, any "Negro" caught in a retail shop without the permission of his owner, was whipped by the marshal or his deputy.3

In February of 1838, an ordinance was passed requiring the name of the person(s) selling liquor to slaves. The names were to be reported to the Board of Commissioners. The marshal was also required to prevent any free person of color from making a noise or acting in any disorderly manner within Athens. The ordinance also reiterated the marshal's duties of preventing "Negroes" from assembling and maintaining the 9:15 p.m. curfew.4

In the 1840s, slaves were prohibited from living apart from their masters. If they did so, they were whipped for each day they lived apart. They could receive over 40 lashes for this violation. They were also prohibited from hiring out their own time. If they did, they were fined 50 cents per day.5 After March 12, 1848, any slave or free person of color found in the streets after 9:15 p.m. were arrested and put in jail. If his/her owner does not pay a dollar fine the next morning, he/she will receive no more than 20 lashes before his release.6

Slave life in other states was similar to the lives of Athenian slaves. Although laws varied from state to state, some were common almost every where. It was usually illegal for slaves to:

assemble in groups of five or more,

travel beyond the limits of their town or plantation without being with a white person or having written permission,

be on the streets after 9:00 p.m. without permission, drink or gamble,

give or sell alcohol to other slaves,

hire themselves out,

marry,

rent or occupy any room, house or store,

testify in court against whites,

strike a white person,

have a firearm,

make contracts,

trade or keep articles for sale without written permission,

or own any property 7

Although these acts were illegal, some of them were still practiced. For example, slave marriages were not legally recognized, because slaves could not make contracts. They could not be persecuted for bigamy or adultery, because these terms imply that a marriage exists.8 Since the marriage had no legal grounds, their families were not recognized. It was common for families to be ripped apart by the selling of a member. The only state that made efforts to keep a family together was the French and Spanish controlled Louisiana. The Black Codes of 1724 allowed husbands to stay with their wives, and children under the age of fourteen to stay with their mother. However, in 1806, the husband stipulation was eliminated, and the age of the children was lowered to ten.9 In 1819, a court in Louisiana declared that slaves could marry with the permission of their master. Their marriage would remain dormant until they gained their freedom. After that, they were considered legally married.10

Although it was illegal for slaves to hire themselves out, it was perfectly legal for their masters to hire them out. It was usually done on a temporary basis of a days or weeks. As they were hired out, the slaves became more skilled. Some were even better qualified for a job than their master. Eventually, some slaves were allowed to find their own jobs, and keep any income that was due to their master. This practice was eventually outlawed because whites believed that this would cause blacks to want more freedom. In Athens, a slave could be fined 50 cents a day for hiring himself out. However, in some cities it was impossible to regulate because of concealment by some citizens who profited from it.11

Virginia, North Carolina, South Carolina, Georgia, Alabama, and Louisiana made it illegal to teach slaves, and some free blacks, to read and write.12

However, the laws varied from state to state. Most of them grew out of fears that if slaves could read and write, they could forge passes, read abolitionist pamphlets, or revolt.13In South Carolina and Georgia local ordinances were passed that made it illegal to sell writing materials to slave.14 North Carolina allowed instruction in "arithmetical calculations", but prohibited reading and writing. In Virginia, it was illegal for blacks to meet for the purpose of reading and writing, but their owners could legally instruct them in private.15

However, some slaves did learn how to read. Although most literate slaves lived in towns and cities, country slaves could read too. They learned how to write and read from their masters, mistresses, white children, or literate blacks. But the slaves desire to learn motivated them the most. They believed that an education was the "Key to the Kingdom."16Some slave children would listen outside the window of the white school children's schoolhouse.

Although some laws were not strictly adhered to, some were and the punishments varied. One of the most common forms of punishment was whipping. The number of lashes a slave received was usually written in the law. However, most laws did not allow for more than 39 lashes for a "petty" crime and up to 100 for a more serious crime. Some masters made the whippings more painful by pouring salt or vinegar into the open wounds.17 In North Carolina and Georgia, slave patrols could capture and whip slaves for not having passes, being noisy or in a group, or being out past curfew.18 In Athens, slaves could be whipped if they were out past curfew or were in a retail shop without permission.

Other forms of punishments were issued less frequently. They included branding on the forehead or cheek with certain letters, burning a hand, cutting off an ear or limb, jail time, or castration. Castration was done in cases of rape or attempted rape. If a slave stole or ran away, they could have a hand or foot cut off to deter further violations. In the cities, punishment was more likely to be dealt with by the courts. They sat in jail until their trials, and the punishment was usually ten to 39 lashes.19

Just as there were laws that defined slavery, there were laws that ended slavery. These laws effected slaves daily lives, because slaves had to adjust to being "free". The abolition of slavery in the North was a gradual process. Each state in the North went through a series of laws that eventually eradicated slavery in their state. In Massachusetts, the abolition of slavery is traditionally attributed to the decision in the 1783 case of Commonwealth vs. Jennison, in which Chief Justice William Cushing declared that slavery was not compatible with the Declaration of Rights in the Massachusetts Constitution. However, some strict constructionists argued that slavery did not legally end in Massachusetts until the passage of Thirteenth Amendment in 1865.20

In Pennsylvania legislative acts were passed to aid the abolition of slavery. The three key points in the Pennsylvania Act for the Gradual Abolition of Slavery were:

all children born to slave mothers on and after the date of passage of the Act, March 1, 1780, should be free from birth, although designated as servants to the owners of their mothers, to the age of 28
all existing slaves must be properly registered as such prior to November 1 of the same year, with their freedom to ensue automatically in the event of failure to register
All Negroes, whether slave or free, should thereafter be bound by the same laws, and tried in the same manner, as for white persons, except that a slave should not be admitted as a witness against a white person.21

Supplementary acts, intended to prevent removing pregnant slaves into other states to give birth to children that would remain slaves for life, required the birth of children to slave mothers to be registered within six months. The abolition process was slow. In 1847, any slave brought into the state was declared free. The number of slaves in this state dramatically declined.22

In Connecticut, slaves could win their freedom by serving in the state forces. The Act of 1784 provided that:

"...no Negro or mulatto child that shall, after the first day of March, 1784, be born within this state, shall be held in servitude longer than until they arrive at the age of 25 years, notwithstanding the mother or parent of such child was held in servitude at the time of its birth."23

In 1797, the age for children of slaves to be released from slavery was reduced to 21. In 1848, any surviving slavery was conclusively abolished, but their former masters were still responsible for supporting them. The issue of slaves being transported into the state was resolved in 1857 when a law was passed freeing any slaves, except fugitives, who entered the state.24

By 1788, as most other northern states were abolishing slavery, New York reaffirmed its acceptance of slavery by stating that children born of a slave were slaves. However, in 1799, anti-slavery sentiment helped push acts to gradually abolish slavery. One act provided that "any child born of a slave mother within this state after the fourth day of July next shall be deemed and adjudged to be born free...".25 If the child was a male, he would remain a servant until the age of 28, and if the child was a female, she would remain a servant until the age of 25. Slave owners had to report the births of children within nine months, or the children were automatically freed. A law in 1810 made any slave brought into the state a free person. In 1828, a new law was passed that stated:

"Every person born within this state, whether white or colored, is free; every person who shall hereafter be born in this state is free; and every person brought within this state, except as authorized by this title, shall be free."26

Emancipation for slaves in the South occurred with the Thirteenth Amendment. Arkansas, Georgia and South Carolina amended or created constitutions that declared all debts and contracts for the purchase or sale of slaves to be void.27 These laws were challenged in federal courts, but upheld by the Supreme Court. Slaves in the South were free, but were discriminated against by other laws.

Slavery in America consisted of laws that controlled the daily activities of slaves. Slaves in Athens received the same punishment as slaves in other states. They also had to adhere to the same regulations as slaves in other states, for example, curfew. The use of religion in slavery was two sided. Pro-slavery advocates used the passages from the Bible to defend slavery, and abolitionists used religion to show cruelty of slavery. The woman's movement used the issue of slavery as an analogy for their situation. Women felt as if they were slaves to men. Slavery was a just a part of what was going on in America during that time in history.

In conclusion, the history of slavery in the United States is complex. There are many areas about this topic that have not been studied. As I did the research for this paper, I found myself fascinated by all the regulations of slaves. These regulations treated slaves as if they were children. That is how the masters were able to assert their paternalistic views on them. Just like children, if they broke a law, they were punished. But one key difference was that most people did not "whip" their children likes slaves were whipped. Although the laws abolishing slavery were slow in being implemented, a lot of African-Americans who were living in the North were free before the Thirteenth Amendment was passed. Slaves were finally freed, only to face other forms of oppression and racism.

Endnotes

1. Ernest Hynds, Antebellum Athens and Clarke County Georgia (Athens: University of Georgia Press, 1974), 7.

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2. Ibid, 15,16.