Rensselaer Republican, Volume 20, Number 35, Rensselaer, Jasper County, 3 May 1888 — INDIANA BLUE LAWS. [ARTICLE]

INDIANA BLUE LAWS.

Rigid Statutes That Were in Operation in Territorial Days. Indianapolli News. A queer old book, printed in oldfashioned type, with the leaves yellow from age, is in the State Law Library. It is a compendium of the laws of the Territory of Indiana, printed in 1808, when Wliliam Henry Harrison was Governor of the State, Josse B. Thomas Speaker of the House of Representatives and B. Chambers President of what was then called the Council, bnt is now known as the Senate. The * Bine Laws of Connecticut” have become famed in history and tradition, bnt perhaps but few Hoosiers know that the laws in their own State, then a Territory, were but little lees rigorous and strict.. “No rogue e’er felt the halter draw with good opinion of the law,” and even in this day and age, offenders “against the peace and dignity of the State of Indiana, and the statutes in such cases made and provided,” as the indictments r ead. era apt to think that the penalties for petty offenses are much more severe than is necessary or desirable. Had they lived here eightv years aco, theie would have been mnch more j ustice in their complaint, for the statutes, as set out in the book referred to, must have been a terror to evil doers. Perhaps no person who r< ads this article knows that such a law as the following was then strictly enforced: If any children or servants shall, 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 such Justice to send him or them so offending to jail or house of correction, there to remain until he or they shall humble themselves to the said parent’s or master’s satisfaction,and if any child or servant shall, contrary to hisbonnden duty, presume to assault bis parent or master, upon complaint and conviction thereof, before two or mere Justices of the Peace, the offender shall be whipped not exceeding ten stripes. The above is only for a petty offense —a mere misdemeanor, but for absolute crimes the punishment was made mnch more severe, and differed from that now in vogue very materially. For treason, even in contemplation, murder or rape, the punishment was death. Regarding manslaughter, it was provided that a mAn might defend his parson, his home or his property, even to the extent of killing in an onslaught on either, and in such event “he shall be holden guiltless.” Fcr burglary it was provided that the guilty person should be whipped in public thirty-nine stripes, and give sureties for his future good behavior for a term cf three years, and in default of such surety, he should go to fail for a like term. He was also compelled to pay a fine, amounting to three times the value of the articles stolen, one-third of which went to Ter ritory and one-third to the person from whom the theft was made. In the event that a criminal should assault a householder, in tittempting a burglary, imprisonment not to exceed forty years (think of it) was provided. For un’awful assemblies of any kind the penalty was sls fine and security for good behavior for a period of six months. For participating in a riot the penalty was light, a $lO fine, but it was further provide I that any officer who killed a lioter in disputing his authority, should “be holden guiltless.” For obstructing or resisting the authorities, the first offense was subject to a fine of S3OO and thirty-nine stripes; for the second offense, a similar fine and whipping and the giving of security for future good conduct for a term of ten years. If a man was found guilty of perjury, he was fined SSO, given thirty stripes and “set in the pillory” for not more than two hcurs. For the first offense of larceny the guilty person had either to restore the goods stolen or pay double their value and be whipped, not more than thirty lashes. Fcr the second or subsequent offense he has to pay four times the value of the goods stolen, be whipped as usu*l and if he could not nay the penalty, the sheriff was empowered to bind.or hire him outto any person for a term not exceeding seven years, or until he could make enough money from his labor to settle up in full. For simple assault and battery the penalty was a fine and surety for keep in; the peace; for forgery, it was a fine, a whipping and a set time in the pillcry, and for arson it was death. The rights of propc rty in relation to live stock were very rigidly protected. For herse stealing the penalty for the first offense was to pay the value of the hone and be whipped not leas than fifty normore than 2CO stripes, and for the second offense, death by hanging. In these days stcck was allowed to run at la?g’, marked by the brand or name of the owner; Fot- changing thes e ir arkson hones or hogs, with a view of stealing them, the penalty for the fitsb offense was forty lashes “on the back well laid on,” and for the second offense, the pil’ory fcr two hours and branding the left hand with a red-hot iron the lettc r “T,” signifying thief. It /Wir further provided that when any person should kill a horse or hog, knowing it not to be his own, should within three days “show the hide of such animal with the ears on to the next magistrate" for identification. If a man was proven guilty of bigamy,

he could be sentenced to a fine of from SIOO tossCo, with imprisonment, disfranchisement, and inability to testify in any cases in court. It was provided, however,, that shod Id either husband and wife absent himself or herself for a term of seven years, without letting the other one know why or wherefore, that fact should be considered as amounting to al'gal divorce. A farther penalty was made for “taking a woman away and compelling her to marry,” a feat that would he difficult in these days of feminine independence. Another little pleasantry was that any man who eloped with a young woman, who was under age, and married her, without the const nt of her parents and guardians, should serve five years imprisonment. For the abduction of children, two years was the penalty. Marriages were permitted between boys oyer 17 years of age and girls over 14, with the consent of tht i r parent?, but not without it. Intentions of marriage between young people had to be published fifteen days in cd vane *, either in papers or by bells, or announced for three Bundaysiu advance in church. Sncb a proceeding might prove m'her embai raising at the present time. In all cases in which a finewts i uposed for any offense, it was provided that the Sheriff might bind the defendant out for labor until he had made < nonzh money to pay it, even if it took seven years.