In 1757 the Patrol System was organized. This was done as a result of
continual threats of uprisings among the slaves. All white male citizens
living in each district, between the ages of 16 and 45 were eligible for
this service. The better class of people paid fines to avoid this duty.
Members of the patrol group could commit no violence, but had power to
search Negro houses and premises, and break up illegal gatherings. They
were on duty from nine at night until dawn.
By 1845 there were many laws on the Statute books of Georgia concerning
the duties of patrols. The justice of the peace in each captain's
district of the state was empowered to decide who was eligible to patrol
duty and to appoint the patrol. Every member of the patrol was required
to carry a pistol while on duty. They were required to arrest all slaves
found outside their master's domain without a pass, or who was not in
company with some white person. He was empowered to whip such slave with
twenty lashes. He also had power to search for offensive weapons and
fugitive slaves. Every time a person evaded patrol duty he was required
to pay the sum of five dollars fine.
The entire life of the slave was hedged about with rules and
regulations. Beside those passed by individual masters for their own
plantations there were many city and state laws. Severe punishment, such
as whipping on the bare skin, was the exception rather than the rule,
though some slaves have told of treatment that was actually inhuman.
In 1845 the following laws had been passed in Georgia, the violation of
which brought the death penalty:
"Capital crimes when punished with death: The following shall
be considered as capital offenses, when committed by a slave or
free person of color: insurrection or an attempt to excite it;
committing a rape, or attempting it on a free white female;
murder of a free white person, or murder of a slave or free
person of color, or poisoning a human being; every and each of
these offenses shall, on conviction, be punished with death."
There were severe punishments for a slave striking a white person,
burning or attempting to burn a house, for circulating documents to
incite insurrection, conspiracy or resistance of slaves. It was against
the law for slaves to harbor other fugitive slaves, to preach without a
license, or to kill or brand cattle without instructions.
In Section Forty-Five of the Ordinances of the City of Augusta, passed
on Feb. 7, 1862, were the following restrictions:
"Any slave or free person of color found riding or driving
about the city, not having a written pass from his or her
owner, hirer, or guardian, expressing the date of such pass,
the name of the negro to whom it is given, the place or places
to which he or she is going, how long he or she is to be
absent, and in the case of a slave, that such slave is in the
services of the person before the Recorder's Court by which he
or she shall be tried, and on conviction shall be punished by
whipping not to exceed 39 lashes.
"No slave or free person of color, other than Ministers of the
Gospel, having charge of churches, in the discharge of their
duties, and funeral processions, shall be allowed to ride or
drive within the limits of the city, on the Sabbath, without
written permission from his or her owner, or employer, stating
that such slave or free parson of color is on business of such
owners or employer.
"Every slave or free person of color not excepted as aforesaid,
who shall be found riding or driving in the city on the
Sabbath, without such permission from his or her owner or
employer shall be arrested and taken to Recorder's Court; and
if such slave or free person of color was actually engaged in
the business of said owner or employer, the said slave or free
person of color shall be convicted and punished by whipping,
not to exceed 39 lashes, which punishment in no case be
commuted by a fine.
"It shall be the duty of the officer making the arrest of such
slave or free person of color as aforesaid, to take into his
possession the horse or horse and vehicle, or horses and
vehicles, so used by such slave or free person of color, which
property may be redeemed by the owner, if white, upon the
payment of $10.00, and if the owner of such property is a slave
or free person of color, he or she shall be punished by
whipping not less than 15 lashes."
"No slave or free person of color shall be allowed to attend
military parades, or any procession of citizens, or at the
markethouse on public sale days under the penalty of receiving
not exceeding 15 lashes, for each and every offense, to be
inflicted by the Chief of Police, Captain or any lieutenant;
provided no person shall be prevented from having the
attendance of his own servant on such occasions."
"No slave or free person of color shall walk with a cane, club,
or stick, except such slave or free person of color be blind or
infirm; nor smoke a pipe or cigar in any street, lane, alley or
other public place, under a penalty of not exceeding 25 lashes,
to be inflicted by any officer of the City, by order of the
Recorder's Court."