In a West Indian colony and in a Northern state glimpses of the volume of criminality, though not of its quality, may be drawn from the fact that in the years from 1792 to 1802 the Jamaican government deported 271 slave convicts at a cost of L15,538 for the compensation of their masters,[4] and that in 1816 some forty such were deported from New York to New Orleans, much to the disquiet of the Louisiana authorities.[5] As for the South, state-wide statistical views with any approach to adequacy are available for two commonwealths only. That of Louisiana is due to the fact that the laws and courts there gave sentences of imprisonment with considerable impartiality to malefactors of both races and conditions. In its penitentiary report at the end of 1860, for example, the list of inmates comprised 96 slaves along with 236 whites and 11 free colored. All the slaves but fourteen were males, and all but thirteen were serving life terms.[6] Classed by crimes, 12 of them had been sentenced for arson, 3 for burglary or housebreaking, 28 for murder, 4 for manslaughter, 4 for poisoning, 5 for attempts to poison, 7 for assault with intent to kill, 2 for stabbing, 3 for shooting, 20 for striking or wounding a white person, 1 for wounding a child, 4 for attempts to rape, and 3 for insurrection.[7] This catalogue is notable for its omissions as well as for its content. While there were four white inmates of the prison who stood convicted of rape, there were no negroes who had accomplished that crime. Likewise as compared with 52 whites and 4 free negroes serving terms for larceny, there were no slave prisoners in that category. Doubtless on the one hand the negro rapists had been promptly put to death, and on the other hand the slaves committing mere theft had been let off with whippings. Furthermore there were no slaves committed for counterfeiting or forgery, horse stealing, slave stealing or aiding slaves to escape.
[Footnote 4: Royal Gazette (Kingston, Jamaica), Jan. 29, 1803.]
[Footnote 5: Message of Governor Claiborne in the Journal of the Louisiana House of Representatives, 3d legislature, 1st session, p, 22. For this note I am indebted to Mr. V.A. Moody.]
[Footnote 6: Under an act of 1854, effective at this time, the owner of any slave executed or imprisoned was to receive indemnity from the state to the extent of two-thirds of the slave’s appraised value.]
[Footnote 7: Report of the Board of Control of the Louisiana Penitentiary, January, 1861 (Baton Rouge, 1861). Among the 22 pardoned in 1860 were 2 slaves who had been sentenced for murder, 2 for arson, and 1 for assault with intent to kill.]