Alabama Slave Code of 1852 – Reprinted from The U.S. Constitution, A Reader, Published by Hillsdale College

Growth in the slave population and threats from abolitionists led Southern states to adopt new slave codes in the mid-nineteenth century. Alabama’s revised code, adopted in 1852 and in effect until the end of the Civil War, built on a previous code from 1833.

1852

Chapter III. Patrols.

§983. All white male owners of slaves, below the age of sixty years, and all other free white persons, between the ages of eighteen and forty-five years, who are not disabled by sickness or bodily infirmity, except commissioned officers in the militia, and persons exempt by law from the performance of militia duty, are subject to perform patrol duty….

§990. Each detachment must patrol such parts of the precinct as in their judgment is necessary, at least once a week at night, during their term of service, and oftener, when required so to do by a justice of the peace; or when informed, by a credible person, of evidences of insubordination, or threatened outbreak, or insurrection of the slaves; or of any contemplated unlawful assembly of slaves or free negroes….

§992. The patrol has power to enter, in a peaceable manner, upon any plantation; to enter by force, if necessary, all negro cabins or quarters, kitchens and out houses, and to apprehend all slaves who may there be found, not belonging to the plantation or household, without a pass from their owner or overseer; or strolling from place to place, without authority.

§993. The patrol has power to punish slaves found under the circumstances recited in the preceding section, by stripes, not exceeding thirty-nine.

§994. It is the duty of the patrol, on receiving information that any person is harboring a runaway slave, to make search for such slave, and if found, to apprehend and take him before a justice of the peace, who, if the owner is unknown, must commit him to jail.

§995. If the patrol find any slave from home without a pass, and under circumstances creating the belief that he is a runaway, they must detain him in custody, and give information thereof to the owner, if known; and if unknown, or without their precinct, deliver him up to a justice, who must commit him to jail for safe keeping….

§998. The leader of each patrol must, at the expiration of each term of service, make report in writing, and upon oath, to the justice, of the number of times his detachment has patrolled, and of the absence, without sufficient excuse, of any member of the detachment at the times designated for patrolling, and failure to perform patrol duty; and thereupon it is the duty of the justice to cite such delinquents to appear at a time and place designated by him, and show cause why a fine should not be imposed against him; and upon their failure to appear, or to render a sufficient excuse, they must each be fined ten dollars for each omission, for which execution may issue….

§1004. The patrol, if sued for any act done in the performance of patrol duty, may give this law in evidence under the general issue; but are liable in damages, to any person aggrieved, for any unnecessary violence committed under color of performing patrol duty, either by unnecessarily breaking or entering houses, or for excessive punishment inflicted on any slave.

Chapter IV. Slaves and Free Negroes.

Article I. Slaves.

§1005. No master, overseer, or other person having the charge of a slave must permit such slave to hire himself to another person, or to hire his own time, or to go at large, unless in a corporate town, by consent of the authorities thereof, evidenced by an ordinance of the corporation; and every such offense is a misdemeanor, punishable by fine not less than twenty nor more than one hundred dollars.

§1006. No master, overseer, or head of a family must permit any slave to be or remain at his house, out house, or kitchen, without leave of the owner or overseer, above four hours at any one time; and for every such offense he forfeits ten dollars, to be recovered before any justice of the peace, by any person who may sue for the same.

§1007. Any owner or overseer of a plantation, or householder, who knowingly permits more than five negroes, other than his own, to be and remain at his house, plantation, or quarter, at any one time, forfeits ten dollars for each and every one over that number, to the use of any one who may sue for the same, before any justice of the peace; unless such assemblage is for the worship of almighty God, or for burial service, and with the consent of the owner or overseer of such slaves.

§1008. No slave must go beyond the limits of the plantation on which he resides, without a pass, or some letter or token from his master or overseer, giving him authority to go and return from a certain place; and if found violating this law, may be apprehended and punished, not exceeding twenty stripes, at the discretion of any justice before whom he may be taken.

§1009. If any slave go upon the plantation, or enter the house or out house of any person, without permission in writing from his master or overseer, or in the prosecution of his lawful business, the owner or overseer of such plantation or householder may give, or order such slave to be given, ten lashes on his bare back.

§1010. Any railroad company in whose car or vehicle, and the master or owner of any steamboat, or vessel, in which a slave is transported or carried, without the written authority of the owner or person in charge of such slave, forfeits to the owner the sum of fifty dollars; and if such slave is lost, is liable for his value, and all reasonable expenses attending the prosecution of the suit….

§1012. No slave can keep or carry a gun, powder, shot, club, or other weapon, except the tools given him to work with, unless ordered by his master or overseer to carry such weapon from one place to another. Any slave found offending against the provisions of this section, may be seized, with such weapon, by any one, and carried before any justice, who, upon proof of the offense, must condemn the weapon to the use of such person, and direct that the slave receive thirty-nine lashes on his bare back.

§1013. Any justice of the peace may, within his own county, grant permission in writing to any slave, on the application of his master or overseer, to carry and use a gun and ammunition within his master’s plantation….

§1015. Riots, routs, unlawful assemblies, trespasses, and seditious speeches by a slave, are punished, by the direction of any justice before whom he may be carried, with stripes not exceeding one hundred.

§1016. Any person having knowledge of the commission of any offense by a slave against the law, may apprehend him, and take him before a justice of the peace for trial….

§1018. No slave can own property, and any property purchased or held by a slave, not claimed by the master or owner, must be sold by order of any justice of the peace; one half the proceeds of the sale, after the payment of costs and necessary expenses, to be paid to the informer, and the residue to the county treasury.

§1019. Any slave who writes for, or furnishes any other slave with any pass or free paper, on conviction before any justice of the peace, must receive one hundred lashes on his bare back.

§1020. Not more than five male slaves shall assemble together at any place off the plantation, or place to which they belong, with or without passes or permits to be there, unless attended by the master or overseer of such slaves, or unless such slaves are attending the public worship of God, held by white persons.

§1021. It is the duty of all patrols, and all officers, civil and military, to disperse all such unlawful assemblies; and each of the slaves constituting such unlawful assembly, must be punished by stripes, not exceeding ten; and for the second offense, may be punished with thirty-nine stripes, at the discretion of any justice of the peace before whom he may be brought.

§1022. Any slave who preaches, exhorts, or harangues any assembly of slaves, or of slaves and free persons of color, without a license to preach or exhort from some religious society of the neighborhood, and in the presence of five slaveholders, must, for the first offense, be punished with thirty-nine lashes, and for the second, with fifty lashes; which punishment may be inflicted by any officer of a patrol company, or by the order of any justice of the peace.

§1023. Runaway slaves may be apprehended by any person, and carried before any justice of the peace, who must either commit them to the county jail, or send them to the owner, if known; who must, for every slave so apprehended, pay the person apprehending him six dollars, and all reasonable charges.

§1024. Any justice of the peace receiving information that three or more runaway slaves are lurking and hid in swamps, or other obscure places, may, by warrant, reciting the names of the slaves, and their owners, if known, direct a leader of the patrol of the district, and if there be none, then any other suitable person, to summon, and take with him such power as may be necessary to apprehend such runaway; and if taken, to deliver them to the owner or commit them to the jail of his proper county.

§1025. For such apprehension and delivery to the owner, or committal to jail, the parties so apprehending shall be entitled to twenty dollars for each slave, to be paid by the owner….

§1027. On the reception of a runaway slave, the sheriff must, without delay, cause advertisement to be made in a newspaper, published in the county, if there be one, if not, in the one published nearest to the court house of such county, giving an accurate description of the person of the slave, his supposed age, the information contained in the warrant in relation to the slave, and his owner, and such other facts important to the identification of the slave, as the sheriff may be able to obtain from the slave, or from any other source, which must be continued for six months, once a week, if the slave is not sooner reclaimed by the owner….

Article II. Free Negroes.

§1033. Every free colored person who has come to this state since the first day of February, one thousand eight hundred and thirty-two, and has been admonished by any sheriff, justice of the peace, or other judicial officer, that he cannot, by law, remain in this state; and does not, within thirty days, depart therefrom, must, on conviction, be punished by imprisonment in the penitentiary for two years; and shall have thirty days after his discharge from the penitentiary to leave the state; and on failing to do so, must be imprisoned in the penitentiary for five years….

§1035. If any free person of color is at any time found at an unlawful assembly of slaves, he forfeits twenty dollars, to any person who will sue for the same, before any justice of the peace; and for the second offense, must, in addition thereto, be punished with ten stripes. All justices of the peace, sheriffs, and constables, are charged with the execution of this law….

§1038. Any free person of color who writes for, or furnishes a slave with a pass, is guilty of a misdemeanor, and, on conviction, must be fined not less than fifty dollars, and be imprisoned not less than six months.

§1039. Any free person of color who writes for, or furnishes any slave a pass, with the intent to enable such slave to escape from his master, is guilty of a felony, and, on conviction, must be imprisoned in the penitentiary not less than three, nor more than seven years….

§1041. Any free person of color, who buys of, or sells to, any slave, any article, or commodity whatever, without a written permission from the master, or overseer of such slave, designating the article so to be bought, or sold, is guilty of a misdemeanor, and must, upon conviction, before any justice of the peace of the county where such offense is committed, be punished with thirty-nine stripes.

§1042. Any free person of color, found in company with any slave, in any kitchen, out house, or negro quarter, without a written permission from the owner, or overseer of such slave, must, for every such offense, receive fifteen lashes; and for every subsequent offense, thirty-nine lashes; which may be inflicted by the owner or overseer of the slave, or by any officer or member of any patrol company.

§1043. If any free person of color permits a slave to be, or remain in his house, or out house, or about his premises, without permission, in writing, from the owner, or overseer of the slave, he shall be punished as provided in the preceding section.

§1044. Any free person of color, who preaches, exhorts, or harangues any assembly of slaves, or of slaves and free persons of color, unless in the presence of five slaveholders, and licensed to preach or exhort by some religious society of the neighborhood, must, for the first offense, receive thirty-nine lashes, and for the second offense, fifty lashes, by the order of any justice of the county, before whom the offender may be carried.

“Title 13, Chapters 3, 4,” in Arthur P. Bagby, et al., eds., The Code of Alabama (Montgomery, AL: Brittain and De Wold, 1852), 234-42.

Reprinted from The U.S. Constitution, A Reader, Published by Hillsdale College

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