Page:The Green Bag (1889–1914), Volume 08.pdf/172

 Burning at the Stake in North Carolina.

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DEATH PENALTY BY BURNING AT THE STAKE IN NORTH CAROLINA. Hon. Walter Clark. BLACKSTONE tells us (4 Com., 75 and 203), that for a servant to kill his mas ter, a woman her husband, or an ecclesiasti cal person his superior was petit treason, and that this offense was punished more severely than murder, a man being drawn as well as hanged, and a woman being drawn and burnt. This law has since been changed in England. It has doubtless been forgot ten by most that the offense of petit treason continued in the State of North Carolina, and possibly in some others, after the adop tion of our republican form of government, as to slaves at least, and that the punish ment usually inflicted was to be burnt at a stake. " History," said a very wise man, "is philosophy teaching by example." It is well to consider closely the doings of our ancestors. When those acts were wise and just, honest and patriotic, they are exam ples to excite our emulation and shame us against departing therefrom. When the deeds of our forbears are not such as to be cause of pride and imitation, we should rejoice that we live in happier times of greater enlightenment, and can measure the progress we have made by our distance from the evil precedent. The Green Bag has been a depository of much curious as well as useful historical data, which otherwise might ere long have passed beyond proof and beyond recall. I therefore confide to it for preservation a copy of one of the few remaining records of the judicial executions by burning at a stake which have taken place in North Carolina since the adoption of the Constitution of 1776. The Act of 174 1, which remained in force till 1793, provided that if any negroes or

other slaves (and there were other slaves in those days) should conspire to make an in surrection or to murder any one, they should suffer death. It was further provided that any slave committing such offense or any other crime or misdemeanor should be tried by two or more justices of the peace and by four freeholders (who should also be owners of slaves) " without the solemnity of a jury; and if the offender should be found guilty, they shall pass such judgment upon him, according to their discretion, as the nature of the crime or offense shall require, and on such judgment to award execution." It further provided that this commission should assess the value of any slave ex ecuted by them and report to the next legislature, who should award the owner of such slave the compensation assessed. The following is a verbatim copy of one of the certificates made to the legislature to procure pay for a slave executed under said Act: — State of No. Carolina : Brunswick County. March 5, 1778. At a court held for the tryal of a negro man slave for the murder of Henry Williams, said fel low being the property of Mrs. Sarah Dupree. Justices of the Peace Present :

William Gause, John Bell, Thomas Sessions.

Freeholders :

John Stanton, James Ludlow, Needham Gause, Aaron Roberts. According to law valued said Negro James at eighty pounds Procklamation Money. The court proceeded on said tryall and the said fellow James confessed himself to be One that had a hand in the murdering of said Henry Williams in concurrence with the evidence of four other mallefactors that were Executed for