Alabama Slave Law Summary and RecordClose

Alabama Laws on Slavery from the Colonial Era to the Civil War

TYPEYEARLAWS/CODESDESCRIPTION
Welfare of enslaved1819ConstitutionGave the legislature power to abolish slavery with compensation with or without consent of owners. Killing or maiming of enslaved blacks punishable in same way as offense against whites.
Slave trade1827StatuteBarred importation of slaves. Repealed in 1829.
Punishment1827StatuteAn enslaved black could be punished by whipping and branding for manslaughter if the victim was another slave.
Education, freedom of assembly1832StatuteA penalty of $250-$500 was set for teaching any enslaved or free black to read, write, or spell. Also forbade more than five black enslaved males from gathering any place off the plantation to which they belonged except in churches in the presence of whites.
Manumission1838CourtChief justice of state court ruled that there was a "want of authority to confer freedom by will," because doing so constituted a transfer of property (themselves) to the enslaved, whereas enslaved persons lacked "the capacity to take property."
Welfare1852CodeSlave code contained measures setting guidelines for treatment and limits on mistreatment of slaves. The master must treat enslaved blacks with humanity and must not inflict upon him any cruel punishment and "he must provide him with a sufficiency of healthy food and necessary clothing, cause him to be properly attended during sickness, and to provide for his necessary wants in old age." Lawmakers urged that slaves should, "if practicable," be sold only in families, and flatly prohibited sale of children under five years of age apart from their mothers.
Patrol duty1852CodeAll white male slave owners less than 60 years old and all other free white persons between the ages of 18 and 45 were required to perform patrol duty. Patrols had the responsibility to arrest persons harboring runaway slaves or enslaved persons found off their plantations without a pass.
Miscellaneous1852CodeMasters were prohibited from hiring out enslaved blacks to others. Slave owners who permitted the slaves of others to remain at his house or kitchen without permission more than four hours at any time were subject to a fine of ten dollars. It was illegal to allow more than five blacks other than a master's own enslaved property to gather at any time. Blacks could not leave the limits of the plantation on which they lived without a pass. Offenders could receive a whipping up to 20 stripes. Enslaved persons could not ride trains or boats without the written consent of their masters. The owner of such vehicle was required to pay the slave owner $50. Blacks were prohibited from carrying guns or weapons. Nor could blacks keep dogs; the punishment for such an offense was 20 lashes. Blacks found guilty of rioting, trespassing, or giving seditious speeches were to be punished with stripes not to exceed 100. Enslaved persons were prohibited from owning property. Blacks found guilty of writing passes for other slaves could receive a whipping up to 100 lashes. Blacks found guilty of preaching without a license were to receive 39 lashes for the first offense and 50 for a second. Persons who apprehended runaways were to receive $20 for each slave.
Runaways1852CodeOn receiving a runaway, the sheriff must post an advertisement in a county newspaper giving an accurate description of the enslaved black, his/her supposed age, and other facts important in the identification of the person. The ad was to run once a week for six months until the black was reclaimed by his owner. Enslaved blacks not reclaimed within six months were to by sold with proceeds going to the county treasury.
Free blacks1852CodeEvery free black who came to Alabama since February 1, 1832 and had been warned by the sheriff or other authorities to leave the state and did not depart within 30 days was to be imprisoned for 2 years in the penitentiary. If such person failed to leave after imprisonment within 30 days he was to be imprisoned in the penitentiary for 5 years. A free person found guilty of assembling with enslaved blacks was to be fined $20 and be punished with 10 stripes.
Manumission1852CodeA master could emancipate an enslaved black by filing an application with the county probate judge in writing with the name, age, and sex of the enslaved; a description; and the reasons for requesting emancipation. The judge was to post an advertisement in the local newspaper giving notice of the application. If no sufficient objections were made at the hearing, and if it were shown that the black had served his/her master with loyalty, he/she could be freed. An emancipated black was required to leave the state within 60 days.
Poisons1852CodeAny person who sold to any enslaved or free black child under ten years of age any poisonous drug without a written order from the master of such person was to be fined not more than $200 and could be imprisoned up to three months.
Alcohol1852CodeAny person who sold, gave, or delivered any liquor to an enslaved person without written permission from a master or overseer was to be fined not less than $50.
Murder1852CodeAny person who with malice causes the death of an enslaved person by cruel whipping or by beating or by inhuman treatment was guilty of murder in the first degree.
Cruelty1852CodeMasters who inflicted cruel punishment on blacks or failed to provide adequate healthy food, necessary clothing, or to care for blacks properly in sickness or old age, or treated blacks in other inhumane ways, were to be fined between $25 and $1,000.
Assault and battery1852CodePersons other than a slave master who committed an assault and battery on an enslaved black without just cause, to be determined by a jury, were guilty of a misdemeanor.
Sunday labor1852CodePersons who, on Sunday, compelled their servants or slaves to perform any labor, except the customary household duties of daily necessity, comfort, or charity were to be fined ten dollars.
Rebellion1852CodeEnslaved blacks who conspired to rebel against the white population of Alabama were, on conviction, to be punished by death.
Rape1852CodeEnslaved or free blacks who committed or attempted to rape a white female were to be executed upon conviction.
Breaking and entering1852CodeEnslaved blacks who broke and entered a dwelling house in the daytime were to receive stripes not exceeding 100 upon conviction. Enslaved blacks who broke into a dwelling house at night with the intention to steal or commit a felony were to be executed upon conviction.
Robbery/assault and battery1852CodeEnslaved blacks who robbed or committed an assault and battery with the intent to rob any white person, or willfully maimed, put out an eye, or cut or bit off the lip, ear, or nose, of any white person, or attempted to poison, or to deprive any white person of life, were, on conviction, to suffer death.
Murder1852CodeEnslaved blacks found guilty of murdering, or of intent to murder, any white person were to suffer death upon conviction.
Arson1852CodeEnslaved blacks who willfully and maliciously burned any dwelling house, store house, warehouse, banking house, corn crib, cotton house, stable, etc. were to suffer death upon conviction.
Murder1852CodeEnslaved blacks found guilty of murdering an enslaved or free black were to be punished up to 100 stripes, or be branded in the hand, at the discretion of the jury.
Perjury1852CodeEnslaved blacks found guilty of perjury were to receive up to 100 stripes.
Compensation1852CodeEnslaved blacks sentenced to death for their crime were to be assessed for their monetary value by the court. Owners of such blacks were to receive half of their value. If the judge found the owner to blame for an offense committed by an enslaved black, the owner would receive no compensation.