Page:W. E. B. Du Bois - The Gift of Black Folk.pdf/160

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148
The Gift of Black Folk


even a white servant who should “resist his master.” The Virginia law of 1680 said: “If any Negro or other slave shall absent himself from his master’s service and lie, hide and lurk in obscure places, committing injuries to the inhabitants, and shall resist any person or persons that shall by lawful authority be employed to apprehend and take the said Negro, that then, in case of such resistance, it shall be lawful for such person or persons to kill the said Negro or slave so lying out and resisting.”[1]

In 1691 and in 1748, there were Virginia acts to punish conspiracies and insurrections of slaves. In 1708 and in 1712 New York had laws against conspiracies and insurrections of Negroes. North Carolina passed such a law in 1741, and South Carolina in 1743 was legislating “against the insurrection and other wicked attempts of Negroes and other slaves.” The Mississippi code of 1839 provides for slave insurrections “with arms in the intent to regain their liberty by force.” Virginia in 1797 decreed death for any one exciting slaves to insurrection. In 1830 North Carolina made it a felony to incite insurrection among slaves. The penal code of Texas, passed in 1857, had a severe section against insurrection.[2]

  1. Hening’s Statutes.
  2. John C. Hurd, The Law of Freedom and Bondage, Boston, 1858-1862.