In colonial America, the court structure was quite different from that of their mother country, Great Britain. The system was a triangle of overlapping courts and common law. Common law was largely influenced by the moral code from the King James Version of the Bible, also known as moral law. In effect, these early American societies were theocratic and autocratic containing religious leaders, as well as magistrates. Sometimes these men were even one and the same. The criminal acts in colonial America were actually very similar to the crime prevalent in our society today. However, certain infractions were taken more seriously. Through the documents provided, we get a look at different crimes and their subsequent punishments in colonial …show more content…
This scandalous case centers on a woman named Katherine Watkins. On Friday, August 18, 1681, Katherine accused a slave by the name of John Long, also known as Jack, of rape. There was some evidence of violence, but there were also outstanding questions about her character and conduct. Those who testified, however, painted a different picture about certain events preceding the crime. They were John Aust, William Harding, Mary Winter, Lambert Tye, Humphrey Smith, Jack White (Negro), Dirk (Negro), and Mingo (Negro). Whether these individuals were so inclined because Katherine Watkins was a Quaker, rather than an Anglican, we can never really know. That certainly fueled the fire, though. The day in question involved an afternoon of cider drinking. Several of the witnesses in the testimonies recounted Mrs. Watkins sexual advances to multiple of Thomas Cocke 's slaves, particularly, a mulatto named Jack. John Aust pleaded that Katherine, at one point, had lifted the shirt of one slave and announced “Dirke thou wilt have a good long thing” (Sex and Relations, 53). She allegedly had thrown another on the bed, kissed him, and, “put her hand into his codpiece” (Sex and Relations, 53). The most interesting piece of evidence that Aust brings forward is that Jack was actually avoiding Watkins at the party, an apparent attempt at avoiding any intimate entanglement with her (Sex and Relations, 52). Finally, he reported that Watkins and Jack had gone into a side room (Sex and Relations, 53). Later in the trial, Humphrey Smith seemingly referred to Aust 's testimony. His deposition suggested that he and Aust had some reservations about Jack 's guilt (Sex and Relations 54). Clearly, the character of the plaintiff was considered important evidence in the trial of a slave for rape. The reasonable extenuating circumstances of the case might have granted the magistrates leave way
...his seemingly routine case of fornication and premarital pregnancy proved to be significant for early American legal history. The unfolding of this story and the legal changes that it brought about makes evident that by the end of the seventeenth century, The Eastern Shore had shaped a distinct legal culture. The characters involved in each case also revealed the extent the powerful players were able to shape the law to their own self-interests. The goal of the powers to be was to protect property interests, protect personal reputation and liberty, and to maintain social order.
Melton McLaurin’s book Celia, A Slave is the account of the trial, conviction, and execution of a female slave for the murder of her “master” Robert Newsom in 1855. The author uses evidence compiled through studying documents from Callaway County, Missouri and the surrounding area during the middle of the Nineteenth Century. Although much of what can be determine about this event is merely speculation, McLaurin proposes arguments for the different motives that contribute to the way in which many of the events unfold. Now throughout the book the “main characters”, being Celia, her lawyer Jameson, and the judge William Hall, are all faced with moral decisions that affect the lives of two different people.
Today in Maycomb County, there was a trail against a local African American man named “Tom Robinson.” He was accused for raping and beating up a white girl named “Mayella.” His lawyer is “Atticus Finch” is facing off against “Mr. Gilmer” the district attorney. Judge Taylor, appears to be sleeping through out the trial, yet pays attention and tends to chew his cigar. The supposed crime occurred in Mayella’s home, when Tom Robinson went to fix something and then he raped her.
The concept of a white woman being touched, let alone raped by an African American male was an assumption in the little town of Maycomb Alabama, 1930’s. During this period Mayella is considered helpless due to being a female as well as lonely and afraid considering her status as a poor white piece of trash. She manipulates people by using her social class, gender, and race to her advantage. In particular, her accusations made against Tom Robinson, an African American man. These factors lead to her gaining power with the trial and conviction of Tom Robinson. Race refers to the categorization of people based on physical differences.(“Is Mayella Powerful?” 7) Mayella Ewell had perquisites due to her race, which helped her during the conviction.
One of the main goals in the life of an elite southern woman was to be continually regarded as a lady. While some southern women privately disagreed with the popular social and political mindsets of their era, most of their opinions were not so strong that they felt the need to publicly advocate for change. This was mainly due to the fact that if a woman expressed her opinion publicly, she would be seen as unladylike, which would be a blow to her reputation, the cornerstone of how she defined herself. In the book Mothers of Invention, Drew Gilpin Faust gives the reader Lucy Wood as an example of an elite southern woman who had a negative opinion of the African slave trade. In a letter to her future husband, Lucy Wood expressed that she felt the African slave trade was “extremely revolting,” however, she was also quick to add “[but] I have no political opinion and have a peculiar dislike of all females who discuss such matters.” (10). This elite southern woman was apparently more concerned with her own ladylike reputation than standing up for ...
Rebecca Nurse was the embodiment of a kind, pious, and gentle citizen during the 17th century in Salem, Massachusetts. Having spent her entire life a devout Purist, Rebecca was hardly a typical candidate to be accused of such a heinous act such as witchcraft in 1692. And yet, she was violently taken from this world before her time had come, accused of afflicting girls through the medium of witchcraft, causing pain, suffering, and fits to such innocent younglings. How could someone who seemed so innocent be sentenced to the worst, cruelest punishment of all, death? A consensus on her innocence has been undisputed by historians and scholars since her travesty of a hanging.
Fear begets hate and hate begets violence. Nowhere is this more apparent than in the 1741 New York slave conspiracy trials. Much like the violence in the Salem Witch Trials, a set of natural circumstances coupled with the word of one or two people from a lower order of society caused hysteria and bloodshed. This case is flimsy by modern-day standards and is also very flimsy by the standards of the 1740s.
Before jails were even implemented in America, the colonists had quite a different approach to punishment that led to how jails came to be. The original outlook of criminals came from the Colonists religious belief that criminals were sinners who were workers of the devil. The Colonists felt they had to be protected from devil’s workforce and therefore criminals must have their name run into the ground, be cast out of the town, or in the most extreme cases be hung. Before the Colonists accepted institutions, they looked to public humiliation as a means of correcting the lesser criminals. The harsher punishments, such as death, were given to people who were believed to be beyond redemption. But, with growing populations due to industrialization of cities townspeople grew less and less known to one another. With less recognition between citizens the thought of public humiliation as a punishment was weakening as a threat. On top of that, people were beginning to grow weary that capital punishment may have been too barbaric and overall ineffective. Yet, the colonists were still not completely convinced to utilize jails. The hesitation was a result of the community feeling that most men were not salvageable and institutionalizing them would only be rewarding. Although, this conception began to unravel in the late 1600’s when the Pennsylvania Quakers came up with a plan that would eventually be accepted.
Twelve days after the arrest of the men, trial began. Six of the black men denied ever raping the women or to have even seen them, but due to the beatings and assaults taken place in jail three of the men falsely admitted to sexually abusing the two women, Ruby Bates and Victoria Price. The NAACP did not rush to defend the men because they were concerned about what might happen if the boys did indeed turn out to the guilty. The communist rushed to the black men’s side because they saw it as a way to bring in Southern bl...
Alan Brinkley states on page ninety-five in American History Volume I: To 1865, “Changes in the law in America resulted in part from the scarcity of English-trained lawyers, who were almost unknown in the colonies until 1700.” Yes, laws were based on English political ideals, but the system of their government is self-government, who self-rule, modern day democracy, versus royal government. The people in America followed old English law traditions, but allowed the people to have representation in their
Cornelia Hughes Dayton, the author of the article “Taking the Trade: Abortion and Gender Relations in an Eighteenth-Century New England Village,” found in Women and Health in America, describes the common argument as to why abortion may have taken place. In the article Dayton discusses a couple, Sarah Grosvenor and Amasa Sessions, that had a sexual relationship that led to pregnancy, and then abortion in 1742, a time when abortion was not illegal, but was not accepted completely by society. The issue in the Grosvenor-Sessions case was that Grosvenor died after John Hallowell performed an abortion. A case was initiated three years after Sarah’s death to investigate her death as a murder committed by Hallowell, Sessions, Sarah’s sister, and her cousin (the last three being accessories to the murder). Sarah Grosvenor’s sister and cousin’s charges were dropped and no punishment occurred. For S...
Minkema, Kenneth P., Stout, Harry S.. "The Edwardsean Tradition and the Antislavery Debate, 1740-1865." Journal of American History 1(2005):47. eLibrary. Web. 17 Jan. 2012.
The American court system came to be through the Judiciary Act of 1789 which was signed by President George Washington on September 24, 1789. The constitution had established the Supreme Court, but reserved the authority for Congress to create lower federal courts. This act set the structure and the jurisdiction of such courts and generated the position for Attorney General. The Act also organized the United States into circuits and districts, which formed thirteen district courts, one for each state. Before the modern era, the justice court system used different principles to punish criminals and solve disputes. During the American colonial times, religion was an important influence when the time for a verdict by the court came into play. They would use the principle of “Actus Reas”, meaning guilty act, and “Mens Rea”, meaning guilty mind. They believed that all men are sinners and therefore be punished as such. Sir William Blackstone established and influenced new, but similar, principles that were all biblical-origin and similar to the Declaration of Independence and Constitution. Today, the court system is broken d...
“After a band of them had in turn violated a young negro girl, she was forced into bed with a colored man, their bodies were bound together face-to-face, and the fire from the hearth piled upon them.” (Dudley 11).
Mayella Ewell was a young girl who was neglected by her father and claimed to have been raped by a colored man. Whether her accusation was true or not was up to the jury to decide, but her stomach-wrenching description was enough to toy with the mind of any juror. “So he come in the yard