BLACK JUSTICE UNDER WHITE LAW - CRIMINAL PROSECUTIONS OF BLACKS IN ANTEBELLUM SOUTH CAROLINA

• NCJ Number: 49329
• Journal: Journal of American History Volume: 63 Issue: 3 Dated: (DECEMBER 1976) Pages: 575-599
• Author(s): M S HINDUS
• Date Published: 1976
• Length: 25 pages
• Corporate Author: Organization of American Historians
• Publication Format: Article
• Publication Type: Historical Overview
• Language: English
• Country: United States of America

Annotation

STATUTORY LAW, LETTERS OF THE PERIOD, AND COURT RECORDS FOR SPARTANBURG AND ANDERSON DISTRICTS, SOUTH CAROLINA, ARE EXAMINED FOR THE PERIOD 1818-1860. THEY DOCUMENT THE DISPARITY BETWEEN BLACK AND WHITE JUSTICE.

Abstract

THE CRIMES, PENALTIES, AND TRIAL PROCEDURES OF THE SLAVE LAWS OF SOUTH CAROLINA WRITTEN IN 1740 AFTER THE STONO REBELLION, REMAINED THE PENAL CODE FOR BLACKS UNTIL THE END OF THE CIVIL WAR. IT WAS TYPICAL OF SUCH LEGISLATION IN THE SOUTH. BASICALLY, BLACKS WERE NOT PERMITTED TO GIVE SWORN TESTIMONY, THEY COULD INITIATE CHARGES ONLY THROUGH A GUARDIAN, AND ASSAULTS UPON WHITES OR UNLAWFUL ASSEMBLY WERE THE MOST COMMON CRIMES PUNISHED. ON THE OTHER HAND, IT WAS NOT UNTIL 1821 THAT THE SOUTH CAROLINA LEGISLATURE MADE MURDER OF A SLAVE A CAPITAL OFFENSE. EXAMINATION OF COURT RECORDS SHOWS THAT SLAVES WERE PROSECUTED FAR MORE OFTEN THAN WHITES, WERE CONVICTED MORE OFTEN, AND THEIR PUNISHMENTS WERE MORE SEVERE. THE MOST COMMON PUNISHMENTS WERE FLOGGING OR DEATH AND THE FLOGGINGS RANGED FROM 39 TO 100 LASHES. TRIAL RECORDS FROM 18 OF THE STATE'S 46 DISTRICTS FOR PERIODS RANGING BETWEEN 40 AND 60 YEARS, SHOW THAT ONLY 16 OF 71 PROSECUTIONS OF WHITES FOR SLAVE MURDER RESULTED IN CONVICTION. ONLY ONE CONVICTION CARRIED THE DEATH PENALTY AND THERE IS NO PROOF THE SENTENCE WAS CARRIED OUT. DETAILED EXAMINATION OF THE RECORDS OF TWO DISTRICTS SHOW SLAVES OR FREED BLACKS WERE PROSECUTED MOST OFTEN FOR THEFT, PERSONAL ASSAULTS (GENERALLY AGAINST A WHITE PERSON OR THE SLAVE FROM ANOTHER PLANTATION), VERBAL CRIMES (GENERALLY INDICATING INSUBORDINATION), DRINKING AND GAMBLING, OR HARBORING A RUNAWAY. MALES WERE CHARGED AND CONVICTED MORE FREQUENTLY THAN WOMEN FOR MOST CRIMES EXCEPT HARBORING A RUNAWAY. THE PATTERN OF DISCRIMINATION IS TRACED CAREFULLY. MANY QUOTATIONS ARE INCLUDED FROM COURT RECORDS AND WRITINGS OF THE PERIOD. THE ARTICLE IS HEAVILY FOOTNOTED. IT IS CONCLUDED THAT BLACK JUSTICE IN THE SOUTH WAS NEVER INTENDED TO BE JUST. (GLR)