“If any free white person or persons shall play at any game with cards, or at any other game or games of chance with a slave or slaves, or a free person of color” (Texas Penal Code, revised 1860)

Article 1. Be it enacted by the Legislature of the State of Texas, That the following chapters and articles of the act above recited, commonly known as the Penal Code, be and they are hereby so amended, so as that the same shall read as follows, that is to say:

“An Act supplementary to and amendatory of an act entitled an act to adopt and establish a Penal Code for the State of Texas” (February 11, 1860), H. P. N. Gammel, The Laws of Texas, 1822-1897, Vol. 4 (Austin, Texas: Gammel's Book Store, 1898), 95/1457 (link).

TITLE 12.

Offences against public morals, decency and chastity.

[97/1459]

CHAPTER 6.

Of the crime against nature.

[…]

Art. 409a. If any free white person or persons shall play at any game with cards, or at any other game or games of chance with a slave or slaves, or a free person of color, he or they shall be fined not less than twenty nor more than one hundred dollars, or imprisonment in the county jail not more than three months, at the discretion of the jury.

TITLE 13.

Chapter 4.

Gaming.

[…]

“An Act supplementary to and amendatory of an act entitled an act to adopt and establish a Penal Code for the State of Texas” (February 11, 1860), H. P. N. Gammel, The Laws of Texas, 1822-1897, Vol. 4 (Austin, Texas: Gammel's Book Store, 1898), 96-97/1458-1459 (link).

 

“If any white person shall, within this state, knowingly marry a negro, or a person of mixed blood, descended from negro ancestry …” (Texas Penal Code Revision of 1858)

[156/1028] An Act supplementary to and amendatory of an act entitled an act to adopt and establish a Penal Code for the State of Texas, approved 28th August, 1856.

Article 1. Be it enacted by the Legislature of the State of Texas, That the following Chapters and Articles of the act above recited, commonly known as the Penal Code, be, and they are hereby so amended as that the same shall hereafter respectively read as follows–that is to say:

[…]

[164/1036]

TITLE 12.

CHAPTER 1.

Unlawful Marriage.

Article 386 shall hereafter read as follows:

If any white person shall, within this state, knowingly marry a negro, or a person of mixed blood, descended from [165/1037] negro ancestry, to the third generation inclusive, though one ancestor of each generation may have been a white person, or having so married in or out of this State, shall continue within this State to cohabit with such negro, or such descendant of a negro, he or she shall be punished by confinement in the Penitentiary, not less than two nor more than five years.

[…]

CHAPTER 2.

Article 392 shall hereafter read as follows:

Every man and woman who shall live together in adultery, or fornication, shall be punished by fine, not less than one hundred, nor more than one thousand dollars.

Article 395a. Every white person who shall live in adultery or fornication with a negro, or a person of mixed blood, descended from negro ancestry, to the third generation inclusive, though one ancestor of each generation may have been a white person, shall be punished by fine, of not less than one hundred nor more than one thousand dollars.

“An Act supplementary to and amendatory of an act entitled an act to adopt and establish a Penal Code for the State of Texas, approved 28th August, 1856” (February 12, 1858). H. P. N. Gammel, The Laws of Texas, 1822-1897, Vol. 4 (Austin, Texas: Gammel's Book Store, 1898), 164-165 (link).

Texas Penal Code Revision of 1858 on Insurrection, Enticement, Runaways and Dealing with Slaves

[156/1028] An Act supplementary to and amendatory of an act entitled an act to adopt and establish a Penal Code for the State of Texas, approved 28th August, 1856.

Article 1. Be it enacted by the Legislature of the State of Texas, That the following Chapters and Articles of the act above recited, commonly known as the Penal Code, be, and they are hereby so amended as that the same shall hereafter respectively read as follows–that is to say:

[…]

[174/1046] TITLE 19.

CHAPTER 1.

Exciting insurrection or insubordination.

Article 650 shall hereafter read as follows:

Any person who shall aid in any insurrection of slaves against the free inhabitants of this State, who shall join in any secret assembly of slaves in which such insurrection shall be planned, with design to promote it, or shall excite or persuade any slaves to attempt any such insurrection shall be [175/1047] punished by confinement in the Penitentiary, not less than ten years or for life.

Article 651 shall hereafter read as follows:

By “insurrection of slaves” is meant an assemblage of three or more, with arms, with intent to obtain their liberty by force.

Article 652 shall hereafter read as follows:

The term excite, as here used, means to offer any persuasion, or inducement, which has insurrection for its immediate object.

Article 653 shall hereafter read as follows:

Any person who shall by words, or writing addressed to a slave, endeavor to render any such slave discontented with his state of slavery, shall be punished by confinement in the Penitentiary, not less than five years nor more than fifteen years.

CHAPTER 2.

Illegal transportation of Slaves.

The master, or any other officer, or any of the crew, of any steamboat or other vessel who shall carry, or cause to be carried, out of any county, a slave or slaves, without the consent of the owner or employer, with intent to deprive the owner or owners of his or their property in such slave, or slaves, or who shall knowingly receive on board of his vessel any runaway slave, and permit him to remain on board, without proper effort to apprehend him, shall be confined in the Penitentiary, not less than ten nor more than thirty years.

CHAPTER 3.

Stealing or enticing a Slave.

Article 656 shall hereafter read as follows:

Any person who shall attempt to steal, or entice away a slave, the property of another, shall be confined in the Penitentiary, not less than five nor more than fifteen years.

Article 657 shall hereafter read as follows:

The offence of stealing a slave is complete within the meaning of Article 655, by taking the slave into possession, either by his consent or forcibly, and removing him a distance however short, from the possession or premises of his employer or [176/1048] owner, with the design to claim the ownership of such slave, or otherwise dispose of the same.

Article 660 shall hereafter read as follows:

An attempt to entice away a slave is the use of any means forcible or persuasive, which may be calculated to induce such slave to abandon the service of his master or employer, and accompany the offender, with the view to deprive the owner of his property.

CHAPTER 4. Offences respecting Runaway Slaves.

Article 661 shall hereafter read as follows:

If any person advise a slave to leave the service of his master or employer, or aid such slave in so leaving, by procuring for or delivering to him a pass, or other writing, or by furnishing him with money, clothes, provisions, or other facility, and such slave do actually abscond, he shall be confined in the Penitentiary, for not less than three nor more than ten years.

CHAPTER 6.

Harboring and Concealing.

Article 666 shall hereafter read as follows:

Any person convicted of a second offence, under either of the two preceding articles, shall be punished by confinement in the Penitentiary, not less than three nor more than ten years.

CHAPTER 7.

Trading with Slaves.

Article 668 shall hereafter read as follows:

If any person who deals in intoxicating liquors, either by wholesale or retail, shall sell to a slave without the written consent of his master, mistress, overseer, or employer, any intoxicating liquors, or shall give to any such slave, and without such written consent, any intoxicating liquors, he shall be fined, not less than fifty nor more than two hundred dollars.

Article 669 shall hereafter read as follows:

If any person shall buy from a slave any valuable produce, [177/1049] or other article whatever, without the written consent of the master, mistress, overseer, or employer of such slave, he shall be fined not less than twenty nor more than two hundred dollars.

“An Act supplementary to and amendatory of an act entitled an act to adopt and establish a Penal Code for the State of Texas, approved 28th August, 1856” (February 12, 1858). H. P. N. Gammel, The Laws of Texas, 1822-1897, Vol. 4 (Austin, Texas: Gammel's Book Store, 1898), 174-177 (link).