LAWS OF SOUTH CAROLINA. 301 be baptized, he or they shall not thereby be manumitted or set free, or his or their owner, master, or mistress lose his or their civil right, property, and authority over such slave or slaves, but that the slave or slaves, with respect to his servitude, shall remain and continue in the same state and condition that he or they were in before the making of this act." 1714. An additional act to the above, 7 St. at L., 365, sec. 1, to facilitate punishment of slaves, gives to two justices and one freeholder, certain of the powers formerly vested in two justices and three freeholders. 2. Other of such powers given to a justice and two freeholders. 3. Compensation of marshal in certain cases. 4. Limits the amount to be paid for slaves executed for crime. 5. Reciting that "the executing of several negroes for felonies of a smaller nature" has been a great charge, enacts that except for murder, slaves condemned shall be transported, &c. 6. Punishment of slave for striking-discretionary with the judge, and the oath of the person struck, made sufficient to convict. 7, 8. Respecting dealing with slaves, stolen goods, &c. 9, 10. "And whereas the number of negroes do extremely increase in this province, and through the afflicting Providence of God, the white persons do not proportionably multiply, by reason whereof the safety of the said province is greatly endangered," &c., provides additional duties or importation. 11. That slaves shall not be allowed to plant for themselves certain articles or keep stock. 1716.-An act to encourage the importation of white servants into this province. 2. Stat. at L., 646. An act, &c., duties on negroes imported, Ibid., 651, secs. 3, 4, 5. An act to keep inviolate the freedom of elections, &c. 2 St. at L., 683, sec. 20: qualifications of voters, "that every white man, and no other, professing the Christian religion," being of age and having certain property, may vote. 1717.-An act for the better governing and regulating 1 See the abstract of this act in 2 Hildr. p. 271, 275; the author observes here: "Then, as now, the legality of this legislation seems open to some question," referring to the charter provision that local laws should not be repugnant to the laws of England. Compare ante, § 214. 302 LAWS OF SOUTH CAROLINA. white servants. 2 St. at L., 14, contains provisions similar to those of Virginia and other colonies. Sec. 21 provides punishment of limited servitude for white women having children by negroes, and the same penalty for white men begetting children by blacks; the issue to be servants for limited times. 1717. A further additional act, &c. 7 St. at L., 368, contains new provisions for compensation of the owners of slaves executed, and increases the import duty. 1719. Another act laying duties on negroes, &c. 2 St. at L., 57, 69. 1722,-An act for the better ordering, &c. 1735.-An act under the same title. 7 St. at L., 371, 385. These acts, with great minuteness of detail, extend and re-enact the provisions of the former acts. Sec. 22 of the first act recites, "whereas, there is sometimes reason to suspect that slaves do run away for want of a sufficient allowance of provisions," gives power to justices to inquire, and enacts a penalty. Sec. 1 of the act of 1735, declaring who shall be slaves in terms similar to sec. 1 of 1712, "in case any negro, mulatto, mustee or Indian doth or shall lay claim to his, her, or their freedom, upon all or any of the said acts or otherwise, the same shall be finally heard and determined before the judges and justices of the Court of General Sessions, assize and gaol-delivery in this province, in open court, at the sitting of the same by a verdict of twelve men, and not otherwise." Sec. 35 requires provision to be made for the departure out of the province of manumitted slaves, &c. 36. Limits the quality of apparel to be furnished to slaves. 1737.-An act for establishing and regulating patrols, 3 St. at L., 456, recites the object of keeping in order the negroes and other slaves." L 1738.-An act respecting pedlers, and against their dealing with slaves. 3 St. at L., 487. 1740.—For the better ordering and governing negroes and other slaves in this province. 7 St. at L., p. 397. Whereas, in his majesty's plantations in America slavery has been introduced and allowed, and the people commonly called negroes, LAWS OF SOUTH CAROLINA. 303 Indians, mulattoes and mustezoes have been deemed absolute slaves and the subjects of property in the hands of particular persons, the extent of whose power over such slaves ought to be settled and limited by positive laws, so that the slave may be kept in due subjection and obedience, and the owners and other persons having the care and government of slaves may be restrained from exercising too great rigor and cruelty over them, and that the public peace and order of this province may be preserved; we pray your most sacred majesty that it may be enacted. "And be it enacted, &c.-That all negroes and Indians, (free Indians in amity with this government, and negroes, mulattoes or mustezoes, who are now free, excepted,) mulattoes or mustezoes who now are, or shall hereafter be in this province, and all their issue and offspring, born or to be born, shall be and they are hereby declared to be, and remain forever hereafter absolute slaves, and shall follow the condition of the mother, and shall be deemed, held, taken, reputed and adjudged in law to be chattels personal, in the hands of their owners and possessors and their executors, administrators and assigns, to all intents, constructions and purposes whatsoever; provided al- • ways, that if any negro, Indian, mulatto or mustezo shall claim his or her freedom, it shall and may be lawful for said negro, Indian, mulatto or mustezo, or any person or persons whatsoever, on his or her behalf, to apply to the justices of his majesty's Court of Common Pleas by petition or motion, either during the sitting of the said court, or before any of the justices of the same court at any time in the vacation; and the said court or any of the justices thereof, shall, and they are hereby fully impowered to admit any person so applying to be guardian for any negro, 'Indian, mulatto or mustezo, claiming his or her, or their freedom; and such guardians shall be enabled, entitled and capable in law, to bring an action of trespass in the nature of ravishment of ward, against any person who shall claim property in, or who shall be in possession of any such negro, Indian, mulatto or mustezo; and the defendant shall and may plead the general issue on such action brought, and the special matter 304 LAWS OF SOUTH CAROLINA. may and shall be given in evidence, and upon a general or special verdict found, judgment shall be given according to the very right of the cause, without having any regard to any defect in the proceedings, either in form or substance; and if judgment shall be given for the plaintiff, a special entry shall be made declaring that the ward of the plaintiff is free, and the jury shall assess damages which the plaintiff's ward hath sustained, and the court shall give judgment and award execution against the defendant for such damage, with full costs of suit ; but in case judgment shall be given for the defendant, the said court is hereby fully impowered to inflict such corporal punishment, not extending to life or limb on the ward of the plaintiff as they in their discretion shall think fit; provided always, that in any action or suit to be brought in pursuance of the direction of this act, the burthen of the proof shall lay on the plaintiff; and it shall be always presumed that every negro, Indian, mulatto and mustezo is a slave, unless the contrary can be made to appear, the Indians in amity with this government excepted, in which case the burthen of the proof shall be on the defendant; provided also, that nothing in this act shall be ⚫ construed to hinder or restrain any other court of law or equity in this province, from determining the property of slaves or their right to freedom, which now have cognizance or jurisdiction of the same, when the same shall happen to come in judgment before such courts, or any of them, always taking this act for their direction therein." Sec. 2. The defendant required to give recognizance. 3. No slave to be absent from home without a ticket. 4. Penalty for unauthorizedly giving a ticket. 5. Slave, without ticket, how dealt with; provides that if such "shall refuse to submit to the examination of any white person, it shall be lawful for any such white person to apprehend and moderately correct such slave, and if any such slave shall assault and strike such white person, such slave may be lawfully killed." 6. Penalty for improperly beating a slave; that is, beating by other than the master, and while lawfully employed : a pecuniary fine with power to commit until paid. 7. Assemblages of slaves to be dispersed, their houses searched for arms, LAWS OF SOUTH CAROLINA. 305 &c. 8. Persons damaged in taking runaway slaves, to be remunerated. 9. How slaves are to be tried for capital offences; by two justices and three freeholders, &c., one justice may issue warrant of commitment. The trial to be within three days after the apprehending of such slave. The said justices, &c., shall, after hearing evidence for and against, &c., finally "hear and determine the matter brought before them, in the most summary and expeditious manner; and in case the offender shall be convicted of any crime for which by law the offender ought to suffer death, the said justices shall give judgment, and award, and cause execution of their sentence to be done by inflicting such manner of death and at such time as the justices, by and with the consent of the freeholders shall direct, and which they shall judge will be most effectual to deter others from offending in the like manner.” 10. Trial for offences not capital, by one justice and two freeholders; the judgment to be "for the inflicting any corporal punishment, not extending to the taking away life or member, as he and they in their discretion shall think fit; and shall award and cause execution to be done accordingly." 11. What shall be a quorum of the court in the foregoing. 12. The oath to be administered to such justices, &c. 13. "That not only the evidence of all free Indians, without oath, but the evidence of any slave without oath, shall be allowed and admitted in all causes whatsoever, for or against another slave accused of any crime or offence whatsoever; the weight of which evidence being seriously considered and compared with all other circumstances attending the case, shall be left to the conscience of the justices and freeholders." 14. The same provisions for trial of slaves made applicable to free negroes, &c. 15. Slaves convicted of felonies to suffer death, the manner according to the direction of the justices and freeholders.' 16. Certain crimes declared felony, committed by slaves, free negroes, &c., burning articles, the product of the province, stealing slaves to carry out of the province, poisoning any person. 17. Homicide and insurrec The existence of laws for the trial of negroes, similar to that contained in the preceding sections, should be considered in reading the newspaper reports of such trials, which often appear therein, like acts of lawless assemblies. |