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