Sunday, August 18, 2019


Vernellia Randall
Founder and Editor
Professor Emerita of Law
The University of Dayton School of Law

Article Index


43. Verdict and judgement. -- The said jurors by their verdict shall say whether such slave or slaves are guilty or not guilty, and if a verdict of guilty should be returned by such jury, the court shall immediately pronounce the sentence of death by hanging, or some other punishment not amounting to death.

44. Sentence of death. -- Whenever a slave or free person of color is brought before the inferior court to be tried for an offence deemed capital, it shall be the duty of said court to pass such sentence as may be pointed out by law for the offence of which slave or free person of color may be guilty.

45. Punishment to be proportionate to the offence. -- In all cases where the jury, on the trial of any slave or free person of color, shall return a verdict of guilty, the court shall pass the sentence of death on such slave or free person of color, agreeably to the requisitions and subject to the same restrictions as are required by the before-recited act,(9) or proceed to inflict such other punishment as in their judgement will be most proportionate to the offence, and best promote the object of the law, and operate as a preventive for [of] like offences in future.

46. Suspension of sentence in minor offences. -- Where any jury shall find a verdict of guilty against any such slave or slaves, or person or persons of color as aforesaid, in pursuance of the fifth section(10) of the act referred to in the preceding section, it shall and may be lawful for the said court to suspend the passing sentence against such slave or slaves, or person or persons of color as aforesaid, for any term of time not exceeding two day.