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ence of slaves, words of inflammatory character respecting emancipation or encouraging rebellion; also, trading with them and allowing them to assemble. See 1835, c. 44, sec. 3.
1806, c. 32, and 1807, c. 100, require free negroes to be registered. M. & C. § 2714. If found wandering about without certificate they may be committed; may be fined for companying with slaves. M. & C. § 2731. By the same acts the ordinary police powers are given to patrols, and justices are authorized to punish slaves by whipping. M. & C. 2565, &c.
1812, c. 88. An act to prohibit the importation of slaves into this State for the term of five years. 2 Scott's Dig. 101. An amending act is c. 65 of 1815. The act of 1826, c. 22, is a perpetual act. Persons coming as settlers or residents who had acquired slaves by devise, marriage, or purchase, for their own use, were not prohibited from bringing them. Convicts could not be brought in. Penalty for bringing such, or any free colored person, to sell as slaves. Rep. by 1855, c. 64.
1813, c. 56. Makes it an indictable offence to beat or wantonly abuse the slave of another. M. & C. § 2652. — c. 135. Forbids selling liquor to slaves, M. & C. §§ 2676-2680; or slaves selling articles not of their own manufacture, without permit. M. & C. § 2616. By c. 57, of 1835, they cannot be permitted to retail spirits, and forbids the sale by free negroes.
1815, c. 138, and 1819, c. 35. Amending c. 24 of 1741, for trial of offences of slaves, not capitally punished, requires three justices and a jury. A single justice, by a later law. M. & C. § 2630. The jury, in slave cases, to be composed of slaveowners. Murder, arson, burglary, rape, and robbery committed by slaves are declared capital. By 1825, c. 24. On the trial of slaves the owner may appear and defend. M. & C. § 2634. 1847, c. 50. Allows appeal from justice's decision to the circuit court. M. & C. § 2641.
1 The expression, "slaves or other personal property," is used in act of 1805, e. 16, § 2. Act of 1827, c. 61, directs that they shall not be sold by executors with out order of court. By c. 156, of 1837, the circuit courts may decree a division of slaves or other personal property.
1817, c. 103. In suits for freedom the owner shall give bond to produce the plaintiff; provided, a probability of freedom is raised by affidavit or otherwise. M. & C. §§ 3770, 3771.
1822, c. 19. Forbidding and declaring void marriages between white persons and colored. M. & C. §§ 4924-4927. 1823, c. 57. Forbids, under penalty, the allowing slaves to hire their time. M. & C. §§ 2685-2686.
1825, c. 79. Authorizes the sale of negroes who for twelve months have been imprisoned as runaways. M. & C. § 2588. Sec. 3. Authorizes free persons of color immigrating to the State, to have their free papers registered in the courts. M. & C. §2719. 1843, c. 129. Permits employment of negroes arrested as runaways, in the improvement of cities or towns. 1852, c. 97. An act to prevent abuses in taking up slaves as runaways. M. & C. §§ 2581-2598. S$
1829, c. 21. On crimes. By sec. 21, 22, stealing or selling a free person of color for a slave, and stealing a slave, is punishable with imprisonment for not less than five nor more than fifteen years. M. & C. §§ 4621-4625.
1831, c. 102. Forbids free persons of color to immigrate under penalty of fine for remaining, and imprisonment in default. M. & C. §§ 2725-2727.' An act of 1842, c. 191, allows such immigration under certain conditions. An act of 1846, c. 184, allows free negroes who marry slaves, held in the State, to settle therein. M. & C. § 2712. This act of 1831 also prohibits emancipation except on bond being given to remove the emancipated out of the State. M. & C. §§ 2692-2709. Ch. 81 of 1833 excepts from this those slaves who had already "contracted for their freedom," but the act of 1831 is affirmed by 1849, c. 107."
The State v. Claiborne (1838), 1 Meigs, 331-whether this was contrary to Art. 4, sec. 2, of Const. U. S.; Green J. :—“ The citizens here spoken of are those entitled to all the privileges and immunities of citizens. But free negroes, by whatever appellation we may call them, were never in any of the States entitled to all," &c., &c.
* See Fisher v. Dabbs (1834), 6 Yerger 119, on the history and policy of the State legislation concerning emancipation. Jacob v. Sharp (1838), 1 Meigs, 118, presumption is in favor of freedom in construing testamentary devise.
1831, c. 103. Amending the existing slave laws, declares new penalties on slaves assembling; forbids their being allowed to administer medicines; increases the discretion of the courts in cases of conspiracy, &c. M. & C. § 2638. Allows the killing of ringleaders resisting arrest (M. & C. § 2627); with other enactments more efficiently to suppress insurrections, &c.
1833, c. 2; 1835, c. 62. Declare penalties on stage or steamboat owners for receiving slaves in stages or boats. M. & C. $$ 2653-2657. c. 75. Declares death the penalty for attempt to rape by a negro on a white. M. & C. $ 2625, 2725.
1834. An amendment of the Constitution, altering the language of sec. 26 of the Bill of Rights to read, "The free white men of this State have a right to keep and bear arms," &c., and Art. IV. sec. 1, that "every free white man" of full age, resident, &c., may vote. "Provided that no person shall be disqualified from voting in any election, on account of color, who is now by the laws of this State a competent witness in a court of justice against a white man. All freemen of color shall be exempt from military duty in time of peace, and also from paying a free poll tax.""
1835, c. 19. Gives the Circuit Courts exclusive jurisdiction over slaves in capital cases and amends mode of trial. Am. 1853, c. 88. M. & C. $ 2629-2645. c. 44. Declares it a felony punishable with imprisonment to excite slaves to insurrection, &c., by words or gestures, or to incite others so to do. M. & C. § 2682–2684. c. 58. Declares it a felony punishable by imprisonment to persuade slaves to leave their masters with design of carrying them from the State, or the harboring them for that end. M. & C. § 2660. 65. Penalties for giving false passes, harboring runaways, &c. M. & C. S$ 2658, 2659.
The acts above cited may be found in Carruthers and
By Art. II. sec. 31, "The General Assembly shall have no power to pass laws for emancipation of slaves without the consent of their owners."
Nicholson's Compilation, ed. 1836, or in Haywood and Cobb's Digest, ed. 1831, or in Scott's Digest of 1821.
1839, c. 47. An act to prohibit the practice of permitting slaves to act as if they were free. Nicholson's Digest of 1846.
1852, c. 160. The acts requiring security from resident free negroes are not to be construed to require any free negro born in the State to give bond unless he becomes disorderly. c. 174. Declares slave or free negro administering poison shall be capitally punished. M. & C. §§ 2625, 2725. c. 158. Authorizes the courts to find out indigent free colored children. Ib. § 2720.
1854, c. 50. An act to regulate the emancipation of slaves and to provide for the transportation of free colored persons to the western coast of Africa. Where no private fund has been provided for the expense, a fund for the purpose is to be accumulated by hiring out the emancipated slaves under the direction of the County Court. Free negroes who fail to give bonds for good behavior as required by law are placed within the operation of this act. M. & C. §§ 2692-2709.1
1855, c. 64. Repeals so much of the act of 1826 "as relates to the importation of slaves into this State for the purpose of selling or disposing of them as articles of merchandise." In the Code of 1858, only the importation of convict slaves is prohibited. M. & C. §2565.
1855-6, c. 72, sec. 3, 4. Forbids free negroes to peddle, or barter market stuff's. M. & C. § 2729. 1857-8, c. 131, sec. 18. Obliges them to work on the roads "as other hands in said road districts."
1857, c. 45. An act providing for the voluntary enslavement of free persons of color in this State. Allows any such person of the age of eighteen years to choose a master "and convey him or herself into slavery." Provides for an inquiry by a court, &c., not to affect children of such negro then born. M. & C. §§ 2737-2745.
'The Code of 1858, M. & C. §§ 5343, 5344, authorize the governor to issue a warrant for the apprehension and extradition of fugitives from justice from other States. This appears to be the earliest act of the State to this effect.
8557. LEGISLATION OF THE STATE OF SOUTH CAROLINA.
1778, March 19. Constitution of the State,' contains no general attribution of any rights as natural. Sec. 41 declares that "no freeman" be taken, &c. 12. Limits the franchise to free white persons.
1787.-An ordinance to impose a penalty on any person who shall import into this State any negroes contrary to the installment act. 7 Statute L. 430.
1788.-An act relating to the detention of runaways. Ibid. 430.
1790, June 3. Constitution of the State. Art. I. sec. 1, elective franchise as before. Art. IX. a Bill of Rights, sec. 1, declaring "all power is originally vested in the people." 2. "No freeman shall," &c. 6. That trial by jury as heretofore used, and liberty of the press, shall be inviolably preserved.
1792.—An act to prohibit the importation of slaves from Africa or other places beyond the sea into this State; and also to prohibit the importation or bringing in slaves or negroes, mulattoes, Indians, Moors, or mestizoes bound for a term of years from any of the United States by land or by water. Ibid. An exception is made in the case of actual settlers. bringing their slaves, citizens acquiring slaves in other States, slaves of travelers, &c. This act revised and extended by an act of 1794, ibid. 433, until Jan. 1, 1797.
1796.-An act to prohibit the importation of negroes until the first day of January, 1797. Ibid, 434. This was extended to the 15th Jan., 1801, and afterwards to 1803. These statutes were repealed in 1803. dealing with slaves, &c. Ibid. 434.
Ibid. 435, 436.
1800.-An act to prevent negro slaves and other persons of color from being brought into or entering this State. Ibid. 436. Sec. 1, forbids the importation of slaves, with the exceptions already made, and makes it unlawful "for any free negro, mu
In this Constitution, the Constitution or frame of government established by a Provincial Congress, March 26, 1776, is herein referred to as intended only for temporary purposes.
By Art. I. sec. 6, the possession of "ten negroes," is among the alternative requisites for eligibility to the State House of Representatives.