In Florida the laws resembled those of Alabama, but were perhaps more severe in their penalties. The "vagrant" there might be hired out for full twelve months, and the money arising from his labor, in case the man had no wife and children, was directed to be applied for "the benefit of the orphans and poor of the county," although the negro had been declared a vagrant because he had no visible means of support, and was therefore quite as much in need of the avails of his labor as those to whom the law diverted them. Among the curious enactments of that State was one to establish and organize a criminal court for each county, empowered to exercise jurisdiction in the trial of all offenses where the punishment did not affect the life of the offender. It is obvious that the law was originated mainly for the punishment of negroes; and to expedite its work it was enacted that "in the proceedings of said court, no presentment, indictment, or written pleading shall be required, but it shall be sufficient to put the party accused upon his or her trial, that the offense and facts are plainly set forth with reasonable certainty in the warrant of arrest." It was further provided that when fines were imposed and the party was unable to pay them, "the county commissioner may hire out, at public outcry, the said party to any person who will take him or her for the shortest time, and pay the fine imposed and the cost of prosecution." The fines thus paid went in the county treasury for the general expenses of the county. The law was thus cunningly contrived to hurry the negro into an odious form of slavery, and to make the earnings which came from his hard labor pay the public expenses, which were legitimately chargeable upon the property of the county.

Accompanying the Act establishing this court was a law prescribing additional penalties for the commission of offenses against the State; and this, like the former, was framed especially for the negro. Its first section provided that where punishment of an offense had hitherto been limited to fine or imprisonment, there should be superadded, as an alternative, the punishment of standing in the pillory for one hour, or whipping, not exceeding thirty-nine lashes, on the bare back. The latter punishment was reserved expressly for the negro. It was provided further that it "shall not be lawful for any negro, mulatto, or person of color to own, use, or keep and bowie-knife, dirk, sword, fire-arms, or ammunition of any kind, unless he first obtain a license to do so from the judge of probate for the county in which he is a resident." The judge could issue the license to him only upon recommendation of two respectable white men. Any negro attempting to keep arms of any kind was to be deemed guilty of a misdemeanor, compelled to "forfeit the arms for the use of the informer, stand in the pillory" (and be pelted by the mob) "for one hour, and then whipped with thirty-nine lashes on the bare back." The same penalty was prescribed for any person of color "who shall intrude himself into any religious or other public assembly of white persons, or into any railroad-car or other vehicle set apart for the accommodation of white persons," and with a mock show of impartiality it was provided that a white man intruding himself into an assembly of negroes, or into a negro-car, might be subjected to a like punishment. This restriction upon the negro was far more severe than that imposed in the days of slavery, when, in many of the Southern States, the gallery of the church was permitted to be freely occupied by them. A peculiarly atrocious discrimination against the negro was included in the sixth section of the law from which these quotations are made. It was provided therein that "if any person or persons shall assault a white female with intent to commit rape, or be accessory thereto, he or they, upon conviction, shall suffer death;" but there was no prohibition and no penalty prescribed for the same crime against a negro woman. She was left unprotected by law against the brutal lust and the violence of white men.

Twenty Years of Congress, Volume 2 (of 2) — Part 95