1697. An act for the making aliens free of this part of this province and for granting liberty of conscience to all Protestants.-2 St. at L. 131. The first section extends the rights and privileges " of persons born of English parents" to all alien inhabitants; but by the seventh its extent seems limited to certain French Protestants. An act of 1691, 2 St. at L. 58, also naturalizes certain of this class of aliens.

1698. An act for the encouragement of the importation of white servants.-2 St. at L. 153, recites, "whereas the great number of negroes, which of late have been imported into this colony may endanger the safety thereof, if speedy care be not taken and encouragement given for the importation of white servants."

1701. An act for the prevention of runaways deserting this government.-2 St. at L. 180. This applies to all domiciled persons.

1703. An act laying duties, 2 St. at L. 200. Secs. 4, 5, designate the duty to be paid on negro slaves imported, and on Indian slaves exported. Further explained by act of 1706,

2 St. at L. 280.

1704. An act to regulate elections, 2 St. at L. 249. Sec. 1, provides a property qualification for voters, but no distinction of race is mentioned. Another act making aliens free of this part of the province.-2 St. at L. 251. Another for raising and enlisting such slaves as shall be thought serviceable to this province in time of alarms.—7 St. at L. 349, continued by later acts up to the act of 1712.

1712. An act to put in force in this province the several statutes of the kingdom of England, or South Britain, therein particularly mentioned.-2 St. at L. p. 401. In sec. 5, "that all and every part of the common law of England, where the same is not altered by the above enumerated acts, or inconsistent with the particular constitutions, customs, and laws of this province, excepting so much thereof as hath relation to the ancient tenures which are taken away, &c., is hereby enacted and declared to be of as full force in this province as if particularly enumerated by this act, &c." Among the acts named are the great

charter, 9 Hen. 3. c. 29, which is recited, "no freeman shall be taken," &c. The Habeas Corpus Act, 31 Car. 2, is not among the acts named. As to the law of slavery co-existent with the law of England in the colony, compare White v. Chambers (1796), 2 Bay's R. 74.

1712. An act for the better ordering and governing of negroes and slaves.-7 St. at L. 352. "Whereas the plantations and estates of this province cannot be well and sufficiently managed and brought into use without the labor and service of negroes and other slaves; and forasmuch as the said negroes and other slaves brought unto the people of this province for that purpose are of barbarous, wild, savage natures, and such as renders them wholly unqualified to be governed by the laws, customs, and practices of this province; but that it is absolutely necessary that such other constitutions, laws and orders should in this province be made and enacted for the good regulating and ordering of them, as may restrain the disorders, rapines, and inhumanity to which they are naturally prone and inclined, and may also tend to the safety and security of the people of this province and their estates, to which purpose

1. "Be it enacted, &c., that all negroes, mulattoes, mestisoes, and Indians, which may at any time heretofore have been sold, or are now held or taken to be, or hereafter shall be bought and sold for slaves, are hereby declared slaves, and they and their children are hereby made and declared slaves to all intents and purposes, excepting all such negroes, mulattoes, mustizoes, or Indians, which heretofore have been, or hereafter shall be, for some particular merit, made and declared free either by the governor and council of this province, pursuant to any act or law of this province, or by their respective owners or masters, and also excepting all such negroes, mulattoes, mustizos, or Indians as can prove that they ought not to be sold for slaves. And in case any negro, mulattoe, mustizoe or Indian, doth lay claim to his or her freedom, upon all or any of the said accounts, the same shall be officially heard and determined by the governor and council of this province." Secs. 2, 3, re-enact provisions of the act of 1690, respecting runaways and searches for

arms and stolen goods. 4. Against trading with slaves. 5, 6. Forbidding to slaves use and access to fire-arms. 7, 8. Against meetings of slaves in and about Charleston. 9, 10, 12, 18. Provisions for the trial of slaves, similar to those in the act of 1690, and for new modes of punishment. 11. Penalty on owners for sending away slaves who have committed felonies. 13. Regulating the admission of the evidence of slaves against other slaves. 14. "Whereas divers evil and ill-disposed persons have hitherto attempted to steal away negroes or other slaves, by specious pretence of promising them freedom in another country, against which pernicious practice no punishment suitable hath yet been provided," provides punishment of the attempt by a fine, &c., and makes the act a "felony without benefit of clergy, and the offender shall suffer death accordingly." 15. “That in case any negro or slave shall run from his master or mistress, with intent to go off from this province, in order to deprive his master or mistress of his service, such negro or slave shall, on conviction, suffer death;" provides for punishment of slaves enticing other slaves to run away. 16. Provides for payment to the owners of slaves suffering death for crimes. 17. Punishment of slave striking or injuring any "Christian or white person." 19. Various new punishments for slaves running away for the first and other times. 20-27. Various provisions for the arrest and treatment of runaway slaves. 28, 29. Restraining owners in granting liberties to slaves and in their mode of employing them. 30. Similar to sec. 12, of the act of 1690. 31-33. Detailed provisions for the better enforcement of this act. 34. Provides "since charity and the Christian religion, which we profess, oblige us to wish well to the souls of all men, and that religion may not be made a pretence to alter any man's property and right, and that no person may neglect to baptize their negroes or slaves or suffer them to be baptized, for fear that thereby they should be manumitted and set free,"—"it shall be and is hereby declared lawful for any negro or Indian slave, or any other slave or slaves whatsoever, to receive and profess the Christian faith, and to be therein baptized; but that notwithstanding such slave or slaves shall receive or profess the Christian religion and

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

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.

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."

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,