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Indiana Blue Laws

Indiana Blue Laws image
Parent Issue
Day
18
Month
May
Year
1888
Copyright
Public Domain
OCR Text

A quocr oíd book, prlntod Ín old-fashloned type, with leaves jellow from age, is ín Ihe state law library, aya The Indianqpolis Xewt. It Is a compendium oí the laws of the ter rltory of Indiana, prlnted Ín 1808, v?hen WI1liam Ilenry Harrlaon was governor of the state, Jcsse B. Thomas speaker of the house of representlves, and B. Chainbers president of what was then called tbc council, but Is uow known as the senatc. The "blue laws of Connectlcut" have become famed In hlslory and tradltion, but perhaps but few Hooslers kuow that the laws in tbelr own state, then a terrltory, were but little less rlgorous and etrict. "No rogue e'er feit the halter draw with good opinión of the law," and even In thls day and age oftenders "agalust the peace and dignlty of the state of Indiana and the statutes iu such cases made and providcd," as the indlctmentread,are not apt tothiuk that the penalties for petty offenses are much more scyere than is necessary or desirable. Had tuey liyed here elghty years ago there would have been much mure justice in their complaint, for the statutes as set forth out in the book referred to must have been a terror to evll-doers. Perbaps no persou wbo reads tbis article knows that such a law as the followlusr was ihcn strlctly enforced: "ïf any children or seryants sball, contrary to the obedience due their parents or masters, resist or refuse to obey their lawful commands, upon complaint thereof to any justice of the peace, it shall be lawful for that jus tico to6end hlm or themsooffendlng to jall or house of correcüon, there to remaln utitil he or thcy shall, humblc tbemselves to tüe salil parent's or master's satisf action ; and If any ehild or servant shall, contrary to hls bounded d uty, presume to assault the parent or master, upou complaint and convlctlon thereof, before two or more justices of the peuce, the ofEender shall be whlpped not excecdlng ten strlpcs." The above is only for a petíy oflense - a mear misdemeanor, but for absolute crimes ibe punlshment was made much more severc, and diflereut from that now in voguc very matertally. For treason, even In contemplation, mulder or rape, the punishment was dcath. Kigardiug manslaughter, it was provided that a man might defend bis person, bis home, or his property, even to the extent 01 killing in an onslaught on elther. and in such eveut "hc shall ba holden gulltless." For burglary It was provlded that the guilty persou shoulil bo whipped ín oublic thirtyniiie strlpes, Rnd glve suretles for hls future (rood behavior for a term of three years, and iu ileliiuli, of sucb surety he should go to jail for a like time. Hc was also compelled to pav a line aniouutiug to three times the value of the nrtlcle stolen, one-thlrd of whlch went to the terrltory, and one-thlrd to the person from whoin the tbeft was made. In the event that a criminal should assault a householder In attemptiog a burglary, lmiirlsonment not to exceed fortv years (thlnk of It) was provlded. For unlawful assembles of anv kind the penalty was $13 fine and eecurity for good behiiyior for a perlod of sli nrouths. For partiuipating In a rlot the penalty was llzht, a $10 fine, but t was further provlded that any oiñeer wlio killed a rloter Iu dlsputing his authorlty should "be holden iruiltless." For obstructing or reslstlng the uutboritlés the flrst offense was subject to a fine of i'M) aud tbirty-nlne strlpes; for tbc second ofïense a similar une and whípping and the iriving of seeurity for future good conduct for a term of ten years. lf a man was found guiltv of uerjury he was flned $50, glven thlity stripen, and 'set in the plllory"for not morethsn two hout?. For the flrst offense of larceny the guilty person had either to restore the goods stolen or pav doublé their value and be whlpped, not more than thlrty lushes. For the secoud or subsequent offense he has to pay four times tbc value of the eoods stolen, be whlpped as usual, and if he could not pav the peualty the sheriff was empowcred to bind or hite hlm out to any person for a term not exceedlng seveu years or nntll he could make euough mouey from h labor to settle up In f u IL For simple aseuult and battery the penalty was a fine aud surety for keeping the peace; for forgery It was a fine, a whipping, and a set time in the pillory, and for arsou It was dcath. Tbe rlgbts of property in relatfOT to llvestock were very rlgidlv protectcd. For horseslcallnprthe penalty for the first oflense was to pay the value of the horse and be whlpped not less than fif ty nor more than two hundred strlpes, aud for tbe second offense death by hauglng. In those days stock was allowed to run at large, markeil by the brand or name of the owner. For changlng these marks on horses or hogs, with a view of stealing them, tbe penalty for the first offense, was fnrtv lashes 'on the back well lald on," and for the second offense the pillory for two hours and branding on the left hand with a red-hot Iron tbe letter "T," slgnifying thlef. It was furtber provlded that when any person should kil! a borse or hog, knowlng it not to be hls own, should wlthin three days "show the hidc of such animal wltb the ears on to tbe next maglstrate" for Identification. If a man were proven guilty of bigamy he could be sentenced to a fine from $KK) to $500, wltb imprisonraent, dlsfranehlaement, and inablllty to testlfy In any oases In court, It was provlded, howevor, that should either busband or wlfe absent himself or herself for a term uf seven years without letting the other know the why or wherefore that fact should be considere! as amountlng to a legal dlvoce. A further penalty was made for "taking a wonian away and "compelllm; her to marry," a feat that would be very diflicult In these davs of femlnlne Independence. Another little pleasantry was tbat any man who eloped with a youug wotnau who was undcr aite and married her without the eonseut of her parents and guardlans should serve five years' imprisonment. For tbe abduetlon of children two years was the penaltv. Harriages were permitted between boys 17 years of age and trlrls over 14. with the consent of their parents, but not without it. Intcutions of marriaiie between young pcople had to be publlehed nfteen days In advance. eltlier in papers or by liells.or announced for tbree Sundavs in advance in church. Such a procecding might prove rather embarrassing at tbe pregeut time. In all cases In whlch a fine was imposed for any offense it was provlded tbat the sheriff might bind the defendant out for labor until be made enough money to pay it, even if It took seven years.

Article

Subjects
Old News
Ann Arbor Democrat