Colonial American Crime and Punishment

Punishments Were Always Public as a Means to Deter Crimes

Oct 17, 2009

Punishment for minor petty crimes were severe in the early days of American colonialism in order to protect fragile communities and establish necessary law and order.

Crime and punishment in Colonial America reflected important social and political considerations. In the 17th Century, punishments tended to be more acute than in later years, particularly because of the necessity of maintaining order in a fragile society seeking to survive and thrive in a new environment. Misdemeanors and felonies often incurred penalties that, by today’s standards, would be deemed “cruel and unusual.” Given the importance of law and order in a society regimented by a strict sense of martial law, however, such punishments were justified.

Sexual Crimes in the Early Colonies

Although strong families were characteristic of Calvinist New England, adultery and fornication were considered serious crimes in other colonies as well. High school students today are required to read Nathaniel Hawthorne’s Scarlet Letter, but seldom make the connection between Puritan Old Testament family values and the community standing before a judging God whose Mosaic law formed the basis of the commonwealth’s attempt at theocracy.

In the earliest years of colonization, adultery carried the penalty of death, although there is no evidence that this extreme measure was ever employed. In most cases, those convicted of adultery were fined, publicly whipped or flogged, or branded. As in the case of fornication, women tended to be punished more severely then men.

In Virginia, where indentured servants comprised a large part of the population, females were often abused by masters. Few brought public charges for fear of retribution. Those that did suffered public humiliation, even whippings, yet their masters merely paid fines. This situation became worse after 1660 when African slaves began to replace indentured servants. Slaves had no recourse to the court systems.

Sodomy and buggery carried the death penalty and several cases exist where courts executed convicted felons. Historian David Hawke quotes William Bradford, commenting on a celebrated case of buggery in which a male teenager confessed to having had sexual relations with animals. University of Chicago historian John D’Emilio includes the case in his history on sexuality in America as an example of the strict legal precepts used in Puritan New England to enforce acceptable sexual practices.

Punishments varied between the colonies and many were brought from Europe which still practiced methods employed during the Middle Ages. Petty crimes were punished by sentencing miscreants to the stocks or the pillory. People passing the convicted offenders threw tomatoes and eggs at the unfortunates. In some cases, such prolonged activity caused suffocation.

In serious crimes – felonies – the convicted were hung. Hangings were public and brought out the community. According to Dale Taylor, archaeologists have found artifacts at places of execution indicating that spectators made the event a spectacle, a festival of sorts. Public punishment, whether for misdemeanors or felonies, was meant to deter crime. This is an aspect of crime and punishment that has been lost on modern societies. Taylor writes that “a strong public component was in all punishment.”

Treason carried the punishment of being drawn and quartered. In some cases, banishment from the community was the appropriate punishment. The best example of this is the trial of Anne Hutchinson in New England. Having a child out of wedlock resulted in steep fines, paid to the church which bore the responsibility of providing foster parents. Other frequent offenses included slander and drunkenness.

The Laws Change in the 18th Century

As the British colonies grew in population, colonial laws began to conform to the English common law. Trial by jury replaced arbitrary laws. Local courts dealt with petty crimes and misdemeanors, general courts – often presided over by royal governors, heard cases involving felonies, and admiralty courts addressed crimes like piracy and smuggling. Yet many of the older, deeply ingrained perspectives involving crimes remained well into the 20th Century.

Sources:

The copyright of the article Colonial American Crime and Punishment in Colonial America is owned by Michael Streich. Permission to republish Colonial American Crime and Punishment in print or online must be granted by the author in writing.