296 LAWS OF NORTH CAROLINA. slaves, principally providing for searching the houses of slaves for arms and stolen goods. Sec. 9. Allowance for slaves executed. (Rep. by 1786, c. 17.) 10. That if slaves, not being clothed and fed according to the intent of this act, shall steal corn, cattle, or goods, their owners shall be liable in damages to the person losing the same. 1758, c. 7. Another additional act as above, the title only given; margin, "Rep. by act, 1764, c. 8, and 1786, c. 17." By the former of these repealing acts it appears that the act in part provided that no male slave should, for the first offence, be condemned to death, unless for murder or rape, but for every other capital crime should, for the first offence, suffer castigation. The other sections provide compensation to the owners of slaves executed for crimes. The act of 1786, repealing these, recites, "Whereas many persons, by cruel treatment to their slaves, cause them to commit crimes for which many of said slaves are executed, whereby a very burthensome debt is unjustly imposed on the good citizens," &c. 1774, c. 31. An act to prevent the wilful and malicious killing of slaves,' provides for the first offence, twelve months' imprisonment, and for the second, death without clergy; the offender to pay to the owner the value of the slave. Proviso, that the act does not extend to outlawed slaves. See the act of 1791, on this matter, and State v. Boon, Taylor's N. C. R. 252. 1775, May 19. The so-called "Mecklenburg Declaration of Independence," in the name of "the citizens of Mecklenburg county." See the history of this in Rev. St. of N. C. vol. i. p. 5.; from its insertion in this publication it may be taken to have been adopted by the State as its own public act. 1 State v. Reed, 2 Hawks' R. 454. An indictment for the murder of a slave, which concludes at common law is good. State v. Hale, 2 Hawks' R. 582. An indictment will lie at common law for battery of a slave by a stranger, i. e., not owner or hirer; comp. State v. Mann, 2 Devereux R. 263. In Tate v. O'Neil, 1 Hawks' R. 418, held, that patrols are not liable to the master for inflicting punishment on his slave, unless their conduct demonstrates malice against the master. LAWS OF SOUTH CAROLINA. $229. LEGISLATION OF SOUTH CAROLINA. 297 Among the titles preserved in Trott's Laws of S. C. pp. 1, 2, 3, of certain early colonial acts, which are not now to be found, is one dated 1682 or 1683, entitled An act inhibiting the trading with servants or slaves. This act was probably temporary, but was renewed by various acts, anterior to the revisory and now extant slave law of 1712. See 2 Statutes at Large, Introd. p. 5, and pp. 22, 52, 73, 118, also, An act for servants arriving without indentures or contracts, and an act to prevent runaways.-2 Stat. Introd. p. 5. 1687. An act for servants hereafter arriving without indentures or contracts.-2 Stat. L. p. 30. 1690. An act for the better ordering of slaves.—7 St. at L. 342. Sec. 1. Police regulations for negro or Indian slaves, provides for passes or tickets. Penalty for neglect to apprehend and punish runaways; punishment of such slaves" offering any violence." 2. "That all slaves shall have convenient clothes once every year," and that no slave "shall be free by becoming a Christian," that slaves shall be deemed "as other goods and chattels" as to payment of debts, but "shall be accounted as freehold in all other cases, and descend accordingly." 3,4,6,9. For the detention, treatment, &c., of runaways. 5. Houses of slaves to be searched for arms, &c., and stolen goods. 7. Penalty for attempting to steal or carry off any slaves the act made a felony. 8, 10, 11. Provide for the trial and punishment of slaves, by a justice and three freeholders, for crimes, misdemeanors, and insurrections. 12. "That if any slave, by punishment from the owner for running away or other offence, shall suffer in life or limb, no person shall be liable to the law for the same; but if any one out of wilfulness, wantonness, or bloodymindedness, shall kill a slave, "shall suffer three months' imprisonment," and pay fifty pounds to the owner; no person liable for killing a slave stealing by night in his house, &c. This act appears to have been temporary, but in substance re-enacted by various acts until the law of 1712. See 2 Stat. at L. pp. 49, 78, 121, 156, 182. 298 LAWS OF SOUTH CAROLINA. 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 LAWS OF SOUTH CAROLINA. 299 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 300 LAWS OF SOUTH CAROLINA. 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 |