"AN ACT," February 5, 1840

Summary: The Texas Congress passed a law dealing with commerce with slaves. Sections 1, 2, and 6 forbade the selling of liquor or guns to slaves nor allowed anyone to purchase goods from slaves without the consent of their masters. At the same time, the other sections made it a felony to abuse or murder slaves and threatened severe punishment for such an act.

Concerning Slaves.

Sec. 1. Be it enacted by the Senate and House of Representatives of the Republic of Texas, in Congress assembled, That if any person shall hereafter sell to any slave, without the written consent of his or her master, mistress or overseer, any ardent spirits or intoxicating liquors, he or she so offending, shall forfeit and pay on conviction thereof, any sum not less than twenty nor more than two hundred dollars.

Sec. 2. Be it further enacted, That if any person shall buy from any slave, any cotton, corn, meat or other valuable produce or article whatever, without the written consent of his or her master, or mistress, or overseer, he or she so offending, shall

on conviction thereof, be fined in any sum not less than twenty nor more than two hundred dollars, with the value to the owner of any property so sold.

Sec. 3. Be it further enacted, That if any person shall unreasonably or cruelly treat, or otherwise abuse any slave, he or she shall be liable to be sued in any court of competent jurisdiction, and on conviction thereof shall be fined in a sum, not less than two hundred and fifty dollars nor more than two thousand dollars.

Sec. 4. Be it further enacted, That if any person or persons shall murder any slave, or so cruelly treat the same as to cause death, the same shall be felony, and punished as in other cases of murder.

Sec. 5. Be if further enacted, That it shall be the duty of the District Judges, within said Republic, to carry into effect the foregoing provisions of this act.

Sec. 6. Be it further enacted, That no slave in this Republic shall carry a gun or other deadly weapon without the written consent of his master, mistress or overseer; such arms or other weapons shall be liable to be taken by any person from any such negro, and all such property forfeited, if it does not exceed ten dollars in value; but any such property may be reclaimed by the owner on paying ten dollars to the person who may have so taken the same.

DAVID S. KAUFMAN,

Speaker of the House of Representatives.

DAVID G. BURNET,

President of the Senate

Approved February 5th, 1840.

MIRABEAU B. LAMAR.

Source Copy Consulted: "AN ACT," February 5, 1840, reprinted in H.P.H. Gammel, The Laws of Texas, 1822-1897, 12 vols., (Austin: Gammel Book Co., 1898), 2:345-346. http://texinfo.library.unt.edu/lawsoftexas