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 always, 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

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,

&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

1 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.

tion punishable with death. 18. Compensation to owners of slaves executed. 19. Justices may compel any to give evidence. 20. Penalty for concealing accused slave. 21. Duties of constables. 22. Penalty for working on Sunday. 23. Slaves not to carry fire-arms without a ticket. 24. Slaves who strike a white person, how to be dealt with. 25. Runaway slaves, how to be disposed of. 26. The duty of the wardens of the work-houses. 27. Proceedings when apprehended runaway slave is delivered to warden, &c. 28. Slaves, in custody eighteen months, to be sold. 29. Penalty on free negroes or slaves for harboring runaways. 30, 31. Slaves in Charleston not to buy or sell except, &c. 32, 33. Respecting selling liquors and giving tickets of leave to slaves. 34. Prohibits slaves from trading or keeping boats, horses, cattle, &c. 35. Slaves allowed to buy and sell provisions, &c., with a ticket. 36. Not to be absent, or to keep arms, horns, &c. 37. "And whereas, cruelty is not only highly unbecoming those who profess themselves Christians, but is odious in the eyes of all men who have any sense of virtue or humanity; therefore to restrain and prevent barbarity being exercised towards slaves." That if any person shall "wilfully murder" his own or another's slave, he shall on conviction, forfeit seven hundred pounds, current money, and be incapable of holding office, &c. In case of inability to pay, to be kept at hard labor in the work-house, &c., for seven years. If any person shall, on sudden heat and passion, or by undue correction, kill his own slave, or another's, he shall forfeit three hundred and fifty pounds. For mutilation, &c., or "cruel punishment, other than by beating with," &c., &c., the forfeiture of one hundred pounds. 38. Slaves to be provided with sufficient

2

Many of the provisions in the laws of the various States applying to runaways, may, with greater strictness in the usage of language, be said to apply to negroes who are either not proved to belong to some owner, or who cannot, when arrested, prove that they are not slaves, or their right to freedom. Compare Stroud, 2d ed. p. 131. 2 State v. Gee, 1 Bay's R., 164, (1791,) by counsel for the State-"the frequency of the offence owing to the nature of the punishment." State v. Fleming, (1847), 2 Strobhart's R., 464, a case under a later act, (1821,) it was held that an indictment does not lie at common law for the homicide of a slave; it is, in S. C., purely a statutory offence. Compare Stroud, p. 63. In White v. Chambers, (1796,) 2 Bay's R. 70, an action by the master for battery of the slave by a stranger, will lie under the customary law of the province and State; even, it would seem, when there is no proof of a consequent loss of service.

clothing and food, under penalty.' 39. "Whereas, by reason of the extent and distance of plantations in this province, the inhabitants are far removed from each other, and many cruelties may be committed on slaves, because no white person may be present to give evidence of the same," &c., enacts that if any slave shall suffer in life, limb or member, or be maimed, &c., contrary to the meaning of the act, and no white person able or willing to give evidence, then the owner or person having the care of such slave, is to be deemed guilty of the offence, unless such owner or other person can make the contrary appear by evidence," or shall, by his own oath, clear and exculpate himself," which oath shall discharge, "if clear proof of the offence be not made by two witnesses at least." 40. Appeal to be given to slaves, its quality limited. 41. Against firing guns at night. 42. Slaves are not to rent houses or plantations. 43. Nor travel on the highway in numbers. 44. "And whereas, many owners, &c., do confine them so closely to hard labor, that they have not sufficient time for natural rest,"-that if any shall work slaves "more than fifteen hours in twenty-four, from March to September, and fourteen hours in twenty-four from September to March," they shall forfeit a sum not over twenty and not under five pounds. 45. "And whereas, the having slaves taught to write, or suffering them to be employed in writing, may be attended with great inconveniences,"—that any person who shall teach any slave to write or employ any slave as a scribe in any writing, shall forfeit one hundred pounds. 46. No person to keep slaves on a plantation without a white person with them. 47-50. Rewards for white persons or free Indians bringing in alive, from Florida fugitive negroes, or their scalps, in certain cases, &c., &c. 51-55. Penalty on persons failing to carry this act into execution, &c., &c. 56. Sanctions the unauthorized execution of certain negroes during a

1 See under this act, in 1849, the State v. Bowen, 3_Strobhart's R. 573. Stroud's Sketch, 49.

2 State v. Welch, (1791.) 1 Bay's R., 172. No person can exculpate himself by his own oath, for killing a slave, not being the master, overseer, or some person having immediate charge of such negro.