Colonial Justice
Question: Did the legal system in colonial America provide for justice and fairness?
Directions: The following question is based on the documents provided. As you analyze the documents, take into account both the source of the document and the author’s point of view.
Be sure to:
1. Carefully read the document-based question. Consider what you already know about this topic. How would you answer the question I you had no documents to examine? 2. Now, read each document carefully, underlining key phrases and words that address the document-based question. You may also wish to use the margin to make brief notes. Answer the questions that follow each document. 3. Based on your own knowledge and on the information found in the documents, develop a thesis that directly answers the question. 4. Organize supportive and relevant information into a brief outline. 5. Write a well-organized essay proving your thesis. The essay should be logically presented and should include information both from the documents and from your own outside knowledge of the topic.
Historical Context: The legal and judicial system in early colonial America
Task: By using the following documents, as well as your knowledge of the topic, evaluate how fair the justice system in colonial America was.
Part A: Short Answer
Directions: Base your answer to the following questions on the documents they appear with, as well as your knowledge of the topic. Answer in full sentences.
Document 1:
If any child older than 16 years, or of sufficient understanding, shall curse or hit their natural father or mother, he or they shall be put to death, unless it can be proved that the parents have not educated such children in a Christianly way, or if the parents have so provoked them by extreme and cruel correction that the children have been forced to protect themselves from being killed or hurt by their parents. From Captain C.B. Marryat, Diary in America (Philadelphia: Carey and Hart, 1839)
According to document 1, what was the possible punishment for striking one’s parents? Document 2:
Q: What evil spirit have you familiarity with? A: None. Q: Have you made no contract with the devil? A: No. Q: Why do you hurt these children? A: I do not hurt them. I scorn it. Q: Who do you imploy then to do it? A: I imploy no body. Q: What creature do you imploy then? A: No creature. I am falsely accused.
Dialogue based on the examination of Sarah Good by Judges Hathorne and Corwin, from The Salem Witchcraft Papers, Book II, p.355
What kind of evidence was used to condemn Sarah Good and the others accused in the Salem Witch Trials?
Document 3:
1. No man’s life shall be taken away, no man’s honor or good name shall be stained, no man’s person shall be arrested, restrained, banished, dismembered [taken apart], nor any ways punished, no man shall be deprived of his wife or children, no man’s goods or estate [property] shall be taken away from him, nor any way indammaged under color of law or Countenance of Authority, unless it be by virtue . . . of some law of the Country [permitting such punishment], established by a general Court and sufficiently published, or in case of the defect of a law in any particular case by the word of God. And in Capital cases, or in cases concerning (p.262) dismembering or banishment according to that word to be judged by the General Court.
From The Massachusetts Body of Liberties (1641) Old South Leaflets (Boston: Directors of the Old South Work), 7: 261-267
What was the basic purpose of the Massachusetts Body of Liberties?
Document 4:
"... They told me if I would not confess I should be put down into the dungeon and would be hanged, but if I would confess I should save my life."
From the Testimony of Margaret Jacobs, accused witch, Salem, 1692 According to the testimony of Margaret Jacobs, what was the only way an accused witch could save him/herself?
Document 5:
No person under 21 years of age shall take any tobacco unless he has a doctor’s certificate that it is helpful to him or has a license from the court.
From Captain C.B. Marryat, Diary in America (Philadelphia: Carey and Hart, 1839)
What is the purpose of the law presented in document 5?
Document 6:
The June 10, 1692 hanging of Bridget Bishop
Based on document 6, what can you conclude about criminal punishment in colonial America?
Essay Question: Based on the documents presented, as well as your knowledge of the subject, write a well-constructed essay in response to the question:
Did the legal system in colonial America provide for justice and fairness?