1851-1853 TEXAS & SLAVERY. Rare Group of Four Early Texas Government Works Affecting Slaves.
1851-1853 TEXAS & SLAVERY. Rare Group of Four Early Texas Government Works Affecting Slaves.
A very handsome group of four contiguous volumes issued by the Legislature of perhaps the most important Slave State of the period.
Texas' pathway to statehood [1845] was tumultuous and inextricably linked to slavery. If it were to become a Slave State, its addition to the Congress would shift power away from New England Abolitionists, and its sheer size would create a vast demand for new slaves. And it did. The number of slaves at statehood was roughly 30,000. Five years later, the number had doubled. And by 1860, there were nearly 200,000 slaves in the State.
There were additional reasons for Texas' swell of slaveowners fleeing. Aside from the cheap land the possibility of getting in on the ground floor of America's newest acquisition, the Texas legislature began working almost immediately to make the laws as "slavery-friendly" as possible.
For instance, and present in our volumes here, in 1851 the Legislature passed a law whereby if the State were to execute a slave for crimes [as diverse as stealing, running away, rebellion, etc.,] the State Treasury would compensate the slave owner for the life of the slave. This policy was incredibly problematic. Have a slave who is sickly, a trouble-maker? Just accuse them of "rebellion," they could not testify for themselves, and would be hung. You get paid and can purchase a new one. Abuse was rife.
Perhaps more foundational was the 1853 expansive "Act Concerning Offences Committed by Negroes,." comprehensively aimed at both "free negroes" and slaves.
*If any free negro plot or conspire the murder of a white person, shoot them, stab, cut or wound them, or by any means cause bodily injury . . . death. If a free negro carnally know a white female of twelve years of age or older by force or fraud or carnally know a white female child under that age, or attempt to have carnal knowledge, he shall be punished with death . . . If a free negro take away or detain against her will a white female with intent to marry or defile her, or cause her to be married or defiled by another person, . . . for the purpose of prostitution, he shall be punished by death . . .
*If a slave plot or conspire to rebel or to make insurrection, or commit an offence for the commission of which a free negro is punishable with death, he shall be punished by death . . . if a slave commit an offence for which a free negro, if he had committed it, might be punished by confinement of less than three years, the slave shall be punished by stripes at the discretion of the jury [with no time off for injuries, etc.] . . . if a slave commit an offence as a misdemeanor he shall be punished by stripes . . . that a slave shall be punished with stripes for the following . . . if he use provoking language or menacing gestures toward a white person, if he keep any weapon, if he be guilty of unlawful assembly, if he prepare or administer medicine to his family without his master's consent, etc.,
Further, the word negro is defined as a "mulatto, and every person who has one-fourth part or more of negro blood, shall be deemed a mulatto."
The manner of trials is then detailed. Charges can be delivered in writing, no jury is needed for slaves, free negroes get a jury if a sentence of death is possible, juries shall only be composed of freeholders, all negro trials take place on the first Monday of each month, provisions for severely limiting appeals are detailed, etc.,
[Texas] Laws of the Fourth Legislature of the State of Texas. Austin. Printed by Cushney & Hampton, "State Gazette" Office. 1852. 142 + IXpp.
[With]
[Texas] Special Laws of the Fourth Legislature of the State of Texas. Austin. Printed by Cushney & Hampton, Gazette Office. 1852. 226 + VIIIpp.
[With]
[Texas] Laws of the Fourth Legislature of the State of Texas. Extra Session. Austin. Printed by J. W. Hampton. Gazette Office. 1853. 63 + Vpp.
[With]
[Texas] Special Laws of the Fourth Legislature of the State of Texas. Extra Session. Austin. Printed by Joseph W. Hampton. 1853. 84 + IIpp.
Attractive mid-2oth century blue buckram for the Cincinnati Law Library. Very smart on the shelf, some foxing, ex library marks. Early inscription of George W. Jones of Galveston.
Last offered at auction, and that just a single volume of the four, in 1963.