THE
LAW
NEGRO
CAROLINA,
SOUTH
COLLBCTED
One
UNDER
Read
the
of
A
before
OF
them,
House
request
ing
"
at
the
of
Judges
RESOLUTION
Court
O'NEALL,
BELTON
JOHN
their
directed
that he would
published
SOCIETY
to
be
lay
the
BY
JOHN
1848
by him
of
information
COLUMBIA
PRINTED
to
the
Legislature,
1818, and
the
:
G.
OF
SOUTH
State,
CAROLINA
Meeting, I8!8,at Spartanburg
submitted
the
said
the
of
Error*!
Semi-Aiinual
it before
November,
fur
and
La^v
AGRICULTURAL
September
by them
Session,
of
Courts
STATE
THE
BY
DIGESTED
AND
BOWMAN.
Governor,
at
with
itsapproacli-
ordered
Members.
to
be
a
:
r
r
TO
EXCELLENCY,
HIS
Commander-in-Chief
and
Governor
JOHNSON,
DAVID
in
Carolina.
South.
and
over
hands
through
passing
work,
This
to
of
Legislature
the
the
your
be
I
State,
of
testimonial
slight
dedicated
appropriately
to
trust,
for
which,
friendship
the
than
thirty
at
years,
more
the
the
Bar,
and
in
all
the
present
your
of
relations
life,
has
and
high
in
Bench,
on
existed,
and
I
will
hope
between
us.
Springfield,
Oct.
3,
1848.
BELTON
office,
dignified
ever
JOHN
a
as
you,
may,
O'NEALL.
exist
To
the
Agricultural
State
Society
of
Carolina
South
:
The
undersigned,
with
charged
the
of
preparation
digest
of
the
a
Law
in
relation
(slave
Negroes,
to
free.)
and
directed
such
of
suggestions
amendment
him
to
as
leave
submit
result
the
to
of
examination
his
time
and
14,
BELTON
Money,
O'NEALL.
d
"
s
133,
6,
8,
for
100
d
d
s
s
Currency,
allowed.
1848.
"
Proclamation
of
opportunity
as
JOHN
August
begs
seem
an
far
him,
so
Springfield,
expedient,
may
as
committed
subject
following
the
to
32,
8,
make
to
or
for
4,
'
the
NEGRO
LAW
OF
SOUTH
CAUOLIXA.
I.
CHAPTER
The
Status
Section
The
1.
Indians, (free
lattoes
the
and
is
facie
mulatto
Sec.
in
Indians,
is
the
all
this
Govcrnmcat,
free,
excepted
condition
that
of
the
slave:
a
and
J
negroes
and
negroes,
mu-p
be
to
mother:
but
uniformly
the
bearing
party
the
that
such
held.
th;it
color
of
facie
that
"
the
,
second
this
every
of
Indians
government,
slave.
that
This
to
this
Sec.
the
1
the
Act
of
liabitants
"
A
of
*"
Asiatics,
o.
bEC.
"
such
="
5.
""
z'
as
1
I
Mulatto
the
-1
is
in
of the
proviso
slave
Indians,
"."
Miller
it is declared
with
proof
Indian
of
Indians
and
hence
the
on
plaintiff to
regarded
now
lie
in
not
ight
6.
When
of
tamt
the
the
as
slave
to
It does
the
^^"
^- !;""
amity
previous
the
Africans, (the
embrace
not
Egyptians,
a,/i
r.
issue
mulatto
African
free
the
Moors,
J
or
ancient
the
in-a""J
ne"i-ro
3
of
the
white
and
the
blood,
and
ceases,
ranks
as
a
==
white,
is
a
Rep.
Mill.
194-5.
The
Slate
bearino(luestion
some
of
a
Jury.
tor
the
by
vs.
Scott,
1 Bail.
Slate
V.S.
Bail.
The
27.3.
Hayes,
'-'76.
State
vs.
Scott.
i Bail.
Davis
"
Bail
1
"'hers.
Cnn.
1
ne^To.
party
^Jjp^""\'r;^P
2
solution
'^^''
ing
furnish-
as
"
Sec.
^
174.
be
T
Lascars.
the
urown,
immedi-^om.decide.Un
J^^Jj"'^^'""'"'
govern-
this
shall
Daw-
vs.
"
son
unless
it is
same
the
or
slave
a
of
is
is extinct,
the
amity
burden
is confined
such
.1'
shown.
application.
no
negro
Africa,
u
in
yet,
is
Rich'n,
i
free
as
be
contrary
1740,
mestizo
claiming
person
'^.fi^^^^-^j
vvj",;,.
^^
and
the
descendants.
"
does
"'
Indians
case
of
has
their
r"
the
(the State,)
term
and
"
"
the
race
proviso
The
4.
Berbers)
1
The
Harden?oiote,)
negro.
regarded
arc
until
the
appear""
to
clause
government,
of
part
is, on
of
mulatto
"
which
latter
rule.
the
made
in
1,
sec.
provided
excepted,
defendant,"
397.
more,
,
Indian,
be
can
thereafter
ment,
of
negro,
contrary
ately
a
.
proviso
a
result
"
the
ig3.
"
and
color
prima
same
"^
In
l.
'Siat.
slaves:
color.
descendants
with
amity
been
it has
the
Indian
Indians,
3.
are
provision
evidence,
from
now
Disabilities.
I, declares
sec.
with
amity
who
the
this
mestizo,
or
follow
not
1740,
and
Rights
personal.
Under
2.
prima
of
in
follow
to
his
Negro^
Act
Indians
chattels
are
Sec.
the
mestizoes,
offspring
slaves
of
274.
Hanna,
5,T8.
'-'
-
st.i'tpvs.caiitev.
State
C"
vs.
2Hill,015.
Law
Negro
r,
The
fitate
,
inispection a
John-
";""er's,
iAM.
such
^'^'^
^Ec.
TheSmfevfDa-
tiieTax
vs.
of
is
removed,
far
so
No
8.
may
lier
or
the
fairly pronounced
that
party
Jury
a
i
find
to
as
white.
as
to
the
be
to
one
fairly to
seems
a
upon
"
i
be
and
enjoy-
people,the Jury
white
quantity
of
mulatto,
has
adopted,
been
ever
may
which
blood
negro
j
and
white,
society,
the
When
ground.
debateable
be
i.
to
into
previous reception
specificrulc,
+ and
Between
be
,
Main
decided
rion,
his
regard
^^'^^ compel
^^"{^'"m^""'Tl\r"Collector
taint
^
privileges usually enjoyed by
of the
^^^^
Fhaw"^
s'liidi'n
party
been
has
vs.^hl
ment
Tax^Col-
jier
African
the
Whenever
7.
CAnoLiNA.
llill,
616.
C15,
Seq.
ts.
2
Cniitey,
Sorxii
of
.
,
biood
,
,
veduced
IS
i
,
,
below
to, or
,
f, the
i
i
x
ought
Jury
"
x
to
always
.^u
j
tne
iina
Feb.
".^arieston,
^^^^y
find
party
Sec.
Ba'if."
Hayef.'i
0"^
When
^^f^jfg^
the
and
ways,
in
may
A^%cotri
^^''^^^^^-^^''y* As
o'ai?
'273.
The
Stale
sentence,
Hill,614.
or
can
be
2d
Ser
0th
Con.
oi
Stat.
191.
s.
1
be
may
-^
I
must,
^''^c?B!fiS.^'""'
Johnson
Ts.
614.
State
Cantev,2Hill
Croinervs,
Miller,
cis.
N.
Soott,
as
refuse
may
the
color the
tried
question
be
by
of cases,
classes
three
may
it
Jury,
a
J
Courts,
occurs.
Collector.
Tax
the
or
which
in
commonly
of caste, most
inferior
or
decision
'
.
tried.
so
are
there
sentence,
to
whose
party against
have
to
i
i
that
"
,
so
mulat-
free negro,
a
obvious
for
up
the
question
1st.
Prohibi-
Objections
2d.
"
"
r-
offered
witnesses
to
,
for words
of slander
od.
a
"
a
oj
Courts,
Superior
with being
plaintiff'
the
charging
^
"
c^
the
testify in
to
Actions
mulatto.
'47.
Sec.
The
Judge
P. De
Charleston,
Way,
There
ao-ainst
lion
to
be
^
g^j^^jgf PQ^cgg^
q^p^j^j.
vs^^^^^
270-1.'
The
brought
and
"
,
color
'
apprehend,
10-
it, the
claim
should
made,
cases,
; still if the
witness
the
Art
c.
obiected
..
if the
interven-
the
without
decided
be
stand
the
on
about
mistake
no
exclude
must
in vari-
of caste, arises
course
is convicted
party
a
in these
mestizo,
to,
of
and
cases
some
when
witness
a
or
Jury
African, the
more
or
'
2
Cantey,
vs.
i
is
question of color,
The
0
blood
the
mulatto.
a
state
1
vs.
11.
In
the
first
for all
liable to be tried
are
class, free
mulattoes
and
magistrate,
and
negroes,
offences,by
a
mestizoes
of
true, they have
object
the
have
the
of
writ
question
and
It
prohibition.
before
the
the
party
Inferior
be
criminally,may
them
allegation,
if the
seems
jurisdictiontried by
of
if that
they persistin trying him
good
making
on
sit,)and
must
white, (over whom,
charged
jurisdiction.)
if
magistrates
two
be
to
and
jurisdiction,
for,
apply
may
no
their
to
claiming
person
any
course,
Charleston, where
in
holders, (except
free
five
Bail.
is
submits
Court,
her,
or
entitled
he
to
have
to
will
be
concluded.
Sec.
a
on
12.
The
suggestion
fact
be
relator
the
given to the
uncontroverted,
is
prohibition
by
to
sworn
being
notice
of
writ
wliite,the
or
granting
on
the
the
at
may
an
not
once
issue
the
absolute.
relator
to
be
to
grant
the
a
of
admit
an
doubt,
absolute
if the
that
the
tion.
prohibi-
to
be
made
relator
is
and
plaintitf,
is ordered
prohibition, nisi, in which
Jury finding
is made
claiming jurisdiction;but
Court
plain as
so
Judge
Generally, however,
relator,
generally granted, nisi, on
Judge at Chambers,
by any
is
free white
person,
tlie
up
on
bition
prohi-
Law
Nrcnn
be
to
pose
free
on
suggestion, move
a
Sec.
he
white
a
as
white,
or
of
society
in
person,
for
prohibition to
not
within
time,
the
relator
order
His
is
execution
bound
make
to
has
of
the
writ
Sec.
16.
is in
of the
relator,
did
the
the
because
relator,
of
and
caste.
is, therefore,
This
off
cut
of
status
course
immense
an
Collectors
exercise
those
only
a
where
cases
of
caste
the
tor
rela-
formal
In
of
question
2d
the
the
The
in evidence
criminal
a
that
white,
as
issue
verdict,
for
circumstance
or
the
made
objection to
against
and
up,
in such
a
that
the
having weight
the
case,
settling
not
the
as
of
in his
upon
rewi,
of
^""^'^^"''^'"'
p/f^ai'^a
^'i
Rich'b,
caste
252.
favor.
of the
without
the
be
conclusive, but
question
Fitz-
the
record
nothing beyond
might
'
ve.
Common-
instanter,
is
It, however,
case.
witness,
in
finding
concludes
in
competency
it is tried
the
the
favor
in
in evidence
given
of
Beporter'ff
see
prohibi-"fni
operating
people
made
collateral, and
in
competency
be
may
all the
may
the
For
proceeding,
also
is
sult,
re-
is conclu-
decision
criminal.
or
execution
issue
dissolved.
or
class, the
decision
any
class,
being
issue
trial.
of
the
cast
Generally,
his
as
As
absolute
civil
cases,
relator.
the
the
to
as
its discretion
in
may
relator.
first
the
question
a
Collector,
the
made
of
cases
be
to
Court
Tax
of
color
prohibition is
it seems,
witness, makes
other
tax.
has
Collector, or
the
on
the
nature
So
17.
Tax
only the parties,but
not
wealth.
on
cast
subsequent
the
binds
any
relators, the
the
all the
In
; in all
Sec.
or
be
of
is
on
allegation of
first
there
however,
proof
it should
think,
and
the
degraded
the
Collector
question
He
Tax
pursuing
in
doubt
to
the
it
as
the
the
fact.
collect
can
generally, the
room
relator
of
burden
tion
no
he
convenient,
For.
discretion,
be
Where,
15.
of the
color
sive
an
of
person
assumed
privileges
made
adopted,
decide
to
before
good,
extremely
to
the
Tax
been
relators.
or
the
predicated
honest
seems
Sec.
the
whatever
of
been
has
course
the
contesting
suggestions
jurisdictionover
litigation.
and
sound
there
This
no
that
found
been
amount
I
has
if the
absolute,
file his
eXxTorofK"
i* lUch'n,
f:^''"'^
have,
or
uniformly
have
I
07',')"
i! wMiei;
accompanying
has
enjoyed
have
or
people.
become
judicialauthority
no
has
per-
prohibition.
relators
or
of.iohiisnn vs.
or
tax, they may,
affidavits
the
relator
and
white
relators.
or
Collector
Tax
has
"
given
a
the
that
i M'Muii.
'""i;.
sup-
pcrt:ons
person
the
to
of
writ
from
where,
cases,
it appears
suggeston,
received
of
such
In
14.
If the
liable
not
the
have
for,and
they
nicstizoe.",(' fre*
or
they be issued, be
wliom
against
6Dns
persons
loosely called.)
sometimes
are
whom
B'J|"?f''-[U*
issue
frequently
Collectors
Tax
mulattocs,
negroes,
they
color," as
the
too,
7
Caholina.
capitation taxes, against
for
executions
tax
class,
this
In
13.
Sec.
Sorxii
of
status,
the
given
as
a
in all
cases.
Sec
it would
18.
seem
In
the
to
3d
class,
forever
where
conclude
is pleaded
justification
the
Plaintiff
from
and
found, ler,
rc-agitatingthe
n.
*^
p.
1347!
"
uecis.
'
*^'
8
NEfiRo
But.
question.
had
good
he
where
to
reason
allogcd. a
sustains
State
Thf
ex
re-
Free
19.
blood.
MHisiiniieiKime
suffrage
Mn'sii.) the
h*^^"
and
to
a
vs.
isi Bail
215
persuaded,
our
in
opposition
should
be
the
case
the
Rev.
in which
John
the
to
vote.
If that
decision
When
is the
descendant
it. that
he
white,
But
is not
the
Indian
is
and
his
legal meaning
^^^'
Hrown,
174,
176.
viso
of
of
the
2d
1st
Act
Sec.
ProSec.
of
,
21.
Faust, 324.
^^
or
22.
1799,
decision
will
always
the
soldier
of
the
He
did
he
long
well
may
is the
Common
issuc
of
to
S^"^'"^^'^^"^
Wesner
1st M'135.
in evidence
,,,,.
shall
be
he
; and
any
a
be
to
entitled
regarded
as
jury
find
shall
of
is
it, and
white
?
him
the
white
the
blood
to
be
to
blood?
of
dom
free-
hence, therefore,
be
to
white
1
Is
the
within
the
a
person
freedom
1st
negro,
of
upon
a
according
and
the
or
very
the
upon
proviso, and
mulatto,
to
or
and
is
necro,
special
nature
of
said
Act
claim
Court
who
is
ravishment
negro,
latto
mu-
action, the
circumstances
verdict
the
the
in which
same;
right of
of
appointed,
in the
special
the
shall
Clerk
guardian
a
of the
the
mestizo
the
trespass, in the
general
to
rests
claiming property
pleaded,
Indian,
an
mulatto.
1st
sec.
application
having possession
be
and
iree.
District, have
action
and
negro
/-
be
to
on
,.
given
of
u
of 1740.
the
any
or
unexceptionable
objection to prevail
free negro
proof
may
of
"3.y
ads
GuardianofTom
Act
bring an
mestizo,
;
he
is the
claim
of
a
"
provided, if
ward, against
or
"
of
claiming
the
Pleas
anthorized
of
I
mestizo,
freedom,
them
not
white,
in
as
ary
Mission-
a
as
dians,
In-
had
held
until
the
of
he
among
of
preponderance
of
relator,
District,where
man
be
to
degrading
burden
Under
York
a
was
Indian
out
reside
not
; for
tribe
Revolution,
sent
of
The
in
case
reversed
it.
am
used
The
Pawmunki
was
was
be
be
to
blood.
condemn
of
that
disabilities
The
fore-
Constitution.
"estizo
it is
j-jjgqj. ]ier
of
Mull.,
like
our
^-
mulatto,
of
Bnster,
slave
Indian
great
descendants
all the
subjectto
^"'
Sf'^r^Stat.Vs'.'
2d
the
The
intended
was
the
Daw-
vs
and
^
^^'
the
regarded,
nothing
of
from
right, how
so
blood,
; there
Indian
son
of
it
merely:
of
latter,has
man,")
He
an
the
whites.
used
say,
of
be
to
account
on
be
that
except
men.
the
African
is,I
inhabitants
to
by
wards
after-
margin,
years.
Yet, strange
character.
Miller
many
unmixed
consequence
cited
however,
white
from
white
among
allegiance.
He,
the
for
a
was
of
oath
among
resided
had
; he
an
Plaintiff
in the
will
made,
was
Catawbas.
lived
of
case
I trust
was
damages
white, (-''freewhite
resulting
and
Mush,
the
the
term
colors
it
Virginia
taken
such,
from
comparative
the
to
reviewed,
in
he
wrong.
of
privileges
former,
The
is
descendants,
and
a.s
was.
nominal
white.
was
Indian, living
pure
Constitution,
he
of
the
not
Defendant
Plaintiff'
the
finding
a
their
the
The
principle resulting
tion^'im'
go'"=
v'urk'''"'
Dist.
that
and
all
to
office.
denied
case,
the
that
that
yet it concludes
Indians
usual,
as
believe
such
proving
entitled
are
Carolina.
is
and
in
and
averring
defance
suspect
defence,
Romi
of
the
mulatto,
the
Skc.
Law
given
found, )J="judtrment
case,
without
any
Law
Nloul)
in tlie
to defects
rcijaril
if the
verdict
sliail be
to
diiraages
assiess
and
then
of
of
sec.
Act
the
action,
shall
sureties
of
direct, conditioned
may
times
shall
pending,
he
Sec.
Under
23.
of
made
recompense
For
such
Under
24.
tilPs ward
Act,
the
th it
the
seems,
the
the
Defendant
the
obeyed;
and
I
In
notice
or
all
in
which
damages,
he
ward,
sustain.
may
entered
is
ture
na-
altogether
Plaintiff's
and
up,
the
knew
Spear
that
and
custody
order
the
the
order
was
to
to
made
he
entered
but
once,
of
complied
all other
sons,
per-
a
tliat
If this
law.
under
under
Defendant
and
by
the
n^J^dllWcM.
t^'i-'
in the
was
Rice, Harp.
vs.
the
until
ance.
recogniz-
the
that
Charles,
with
freedom
prayer,
decision
into
"'""
proceeding
foraconteinpt.
the
the
arrest
until
only
required by
beattached
sjjju^ojgjiters,
is
It
the
with
the
Plaintih
the
recover
Defendant,
analogy
of
Court.
the
sec,
brought
Guardians
Galbreath,
case,
2d
Plain-
of the
of
against
the
service
minutes
;
the
might
the
Spear
Defendant
on
it.
Sec.
25.
The
Sec.
26.
Proof
nity for
in
Sheriff
in
him
keep
never
of
the
from
ads.
Hllrp'iuportj
Plain-
the
that
Court,
finding Rice
the
finding of
the
persons.
recognizance
be
may
of
other
Defendant
such
on
ward
freedom
all
Under
by
the
into
it
or
that
Act,
Trover
20.
of
the
the
the
the
bedisobeyed.theDefendantmay
of
ig4.
suit
in the
trepa.ss
action,
the
on
of
action
possession
enter
of
the
prima Jacie merely.
negro,
order
against
against
however,
the
spread
and
cases,
of
case
of
be di charged
he
be
by petition,setting out
order,
action
sounding
that
recite
evidence
is
it be
to
follow
should
in all other
it is
ought
entry
This
entry
order
of
authorized,
is
Court
special entry,
a
should
is. it
conclusive,
the
l.
p
Pleas
at
Plaintill",
the
judgment
the
sufficient
Conmion
the
injury, which
or
2d
such
misused.
or
services
the
abuse,
costs,
free, and
is
Defendant.
ward
that
action
an
of
the
make
lo
This
then
and
This
the
PlaintitT,
titf is free.
Jury,
of
while
action
in
issues.
Sec.
the
ward
Plaintiff, is aliogther
the
any
and
damages
execution
for
for
is
value
ol" the
up
and
proviso, the
ward,
of
and
Court,
the
more
or
of
Court
the
eloigned, abused
1st
finding for
The
damages.
may
the
ravishment
be
the
be
not
one
the
on
Under
Defendant
the
with
the
produce
to
required by
when
that
as
sum
Defendant,
for the
limb.
or
for
execution
award
given
life
recognizance
a
sustained,
corporal punishment
to
provided
it is
Plaintilf. in such
the
to
iiitiict
extending
17-40.
into
enter
is
judgment
to
Plaintiti". not
the
if
but
is authorized
have
may
case,
special entry
jury
and
give judgment,
to
cost;
the
and
PlairititPs ward
is authorized
tlie Court
ward
is
and
damages
free"
be
to
the
is directed
tlie Court
the
which
In such
substance.
or
9
"
Piaintifl" is free,a
of the
ward
dechiring him
made
form
in
proceeding',
the
b(! that
Caholina.
Solth
ur
years
of freedom
evidence
as
tliat
a
a
negro
freeman,
has
is prina
is
been
^
various
as
suffered
.
r
facie proof
the
as
to
c
of
cases.
live in
^
a
conimu-S'^afevs.Har.ie!!,
2JSpfer:, lot),
^
trcedcra.
(no.t.)
Negro
10
Law
South
of
Cakol!?.-a.
of
Miner,Adm'r.
Sec.
27. If bcforc
the Act
of 1S20, n uecrro
without
at
lar^re,
was
o
o
Beiiiieu, vs.
and
for
freeman
the
Court
Reigne.etal.2d.
an
acting
as
a
twenty ^
owner, '
years,
.=
TI.e
Hill, 592.
",
i
, ,
.
rila
omnia
esse
munmient
State
acta, and
vs.
presume
Hill, 2d woulcl
every
necesirary
;
.
peers,
.
effect
give
^^
Sec.
be
freedom
to
rule
This
2S.
bclbrc
enjoyed
have
to
been
applies also,
the
Act
of
properly executed.
when
freedom
and
1S20,
the
has
20
begun
been
year.s
to
completed
are
after.
Sec.
Cooper'sJustinian
Before
29.
thing
Saiieyvs.Beatty, any
250.
BiV,
Bovversvs.
-,1
New-
M'Muil.
ma.K2.
Rice
ads.
and
Gal-
breath.
Harper's
Law
Report 20.
which
of
,
1800.
^^^-
place
that
1
and
property,
establish
tQ
shewed
"
I
Ills
witn
kKnii/rR
13,
spear
Act
(hereafler
be
to
to.)
adverted
'
'
,
1.
the
416
Notes,
1-
the
1
1
dissolved
,,
"
the
dtdiberaieiy parted
had
owner
,
...
,
viiicuiuni
suvUii,
enough
v/as
freedom.
validity of
'^^- ^^^^
where
it
begins.
freedom
Hence,
depends
the
upon
law
w:ien
slaves
have
b^et;
in this
State,
their
freedom
of
the
tied
maiuiiu.
f
in Other
States,
and
found
are
will
here,
'
,
,
depend
.i
i-
the
on
i-,
,"
i
validity ol
t
the
the
at
manumission
.
.
i
whence
place
they
came.
7 Stat.
Sec.
442, 443.
was
the
By
the
provided,
that
31.
before
appear
in
them
to
an
character
honest
way.
in
certificate
upon
certificate
being
the
that
it
otherwise,
the
by
Sth
emancipation,
shall
have
Sec.
of
S50,
by
the
qnustioiis
declared
Clerk,
the
within
6
In;
to
slave
copy
10
days
lihood
live-
of
ing
gain-
indor,?e
a
deed
and
moniii.s
from
leg.iiand
the
after
valid,
directed
was
of
a
miixht
appeared
to
said
emancipating
within
it
capable
was
upon
office,
the
to
of the
gaiti a
to
dire,cti;d
were
person
slave,
tlie
they
as
slave
and
; and
was
; that
deed
such
of
deed
executed.
The
emancipating, neglecting or
person
copy,
with
deliver
to
they
Clerk's
The
with
it
1830,
five Freeholders
sucli examination,
eliect
in the
of
Act
effect by deed
of the
character,
way,
void.
sudi
the
should,
am^
if. upon
that
to
slave,
capability
emancipation
attested
been
32.
such
deed
section,
only
a
all
of bad
honest
was
of
take
Q.uoram.
and
recorded
the
sections
could
the
And
an
the
execution,
9th
answer
not
was
livelihood
a
oath,
upon
slave
the
of
the
touching
and
emancipate
to
Justice
a
and
vicinage,
Sth
emancipation
intending
owner
ask
7th.
by
was,
the
costs, to be
9th
section, declared
by
recovered
any
one
to
refusing to
be
who
liable
shall
to
ver
deliline
a
lor
sue
the
same.
Sec.
33.
It
also
was
emancipated contrary
by
any
one.
Sec.
31.
slaves
1st Bail.
632,633. as
It
be
to
or
to
for
be
illegallyemancipated.
Young
that
vs.
a
it could
the
same,
bequest
have
no
of
this
to
held,
u'as
free,
provided
put
freedom
Act.
a
set
But
that
was
by
the
may
long
time,
free, that
the
that
they
rigiit.
void,
effect until the Executor
section,
tliat
under
made
when
In
v.'^.
assented"
property
directed
to
seizure,
Svlvester.
them,
the
slave
a
will
a
liabh"
were
oi'Lenoii
ca.'^es
matter
not
9th
be seized, and
Act
that
it
and
held,
was
of 18G0
when
that
"
he
did
Law
NKorto
it
a?senr,
his
was
legal
As
bequest.
Magistrate
act
required by
rights
of
the
if
that
be recorded, is all the
the
dtdivery
Sec.
hut
be emancipated,
and.
I Uiiidv
as
they
may
The
Act
of 1820.
Like
all of
lias caused
evasions
by vesting
the
Sec.
supported
m-aster.
Sec.
39.
in
the
twenty
Act
Sec.
peals,that
there
Sec.
the
or
where
In
slaves
the
m--15.
it
when
gifts,for
the
is
of
given
Me"i,,uA'i4'
The
good.
It Rhame,
staievs.
Du(L
nied.
legally de-
slaves,
were
carmillovs
belongs n,\[""2'_iHcj
slave
the
to
kind.
vs.
of Car-
Aumr.
holding it,
was
of such
use
Carmille
successful,
been
have
'"O.
".
of emanci-
of
instead
Single-
vs.
'^*'jf^
^^["y
j^^'l^
may
as
community,
power
^CaWcijne^m
",^,6
unne-
of that
was
legally capable
the
assets,
giftof
any
a
from
trust
the
State
owner,
slave
or
to
or
a
Frazin-
vs
Ap-30:.."
of
of the
out
State,
intended,
shall be
Executor
orslaves, by
emancipated,
or
with
"
and
take
slave
view
a
the
otherwise,
donee
shall be
shall
remove
void, and
to
slave
2d.
Administrator.
or
deed,
the
void
to
of any
removal
the
or
orslaves,
of any
intended
conveyance,
whereby
implied, that
be
emanci-
Court
.sweeping Act, declared, 1st.
is secured
slave
hands
the
by
Actof^**'"
an
restrain
to
be sent
to
as
Pas-
^'"'
presumed.
be
not
enjoy vinpardvs.
good.
was
trust,
State,
of such
any
slaves
directed
slave;
a
held
large, and
at
intended
therefore,
was.
of
in the
secrit
is still
plainly
was
ol' llic
the
be
negro
a
she
or
bequest
deed
death
if
Legislature, by
'41. the
emancipation
slaves'
it
testator
a
without
slaves
by
of 1820.
State;
bequest,
any
That
ot
off the
Legislature, will
the
free, such
set
41.
effect after
the
order
harm
far
i'.i
I
cut
whatever
he
years,
Act
The
40.
pation within
or
and
new.
a
laws
So
unwise.
1
of ISOO
freedom,
of 1820.
Emancipation passed by
That
or
All
law.
our
These
persons
rule, that
introduced
Act
done
number.
bequests
Since
for
freedom
and
JenkMonk^vs.
''^"
the
to
The
it has
ils class,
the
in
good
regulating,
without
too.
under
to
I'creafter
should
slave
nn
are
1
and
peace
of
ownership
So
38.
that
owners
substantially conferring
thus
and
the
instead
Clerk
the
to
legal effect;
it
give
to
Legislature,
tiie
rights of
prcsserve
emancipation
provision
properly rcstraiiied.
be
pation.
of
Act
by
the
derelict.
as
of
necessary
uitbrtunate
an
to
necessary
the
deed
cases,
tinder
may.
-J,^"^
M^"k^|-^i
no
Still it a'7''siat.'45a.
equivalent to recording.
is
cessarily restr.iiiiinc)-the
be
seized
1820, declaring
of
Act
he
lolm-
vs.
ho.
that
subsequent
many
Linnm
restore
Legislature.
the
emancipated,
way
delivery
Clerk
the
ta
Tiie
37
and
be
1800.
delivery of
The
36.
of
Johnson,
other
only
of 1820, declares
of
by
ajjainst the
as
could
he
Act
Act
but
appear
free,
was
ISOO;
The
vs.
in any
Act
of the
provision
Sec.
be
slave
a
of
Act
cap'ure.
Linam
in
li"e
emancipate.!,
the
emancipated
held,
been
has
rights by
be
shall
slave
under
before
questions,and do every
emancipation legal.
the
make
thus
ami
law,
the
deed,
the
c.xeeute
answer
the
cfiect to
give legal
to
as
could
he
Freeholders,
owner,
his
himsell'to
assent
so
"slave illfvallv
A
35
to
owner,
and
the
Sec
chny
11
Carolina.
South
of
nied
accompasuck
directed
ii
s.ai.
I'l,
r.--
12
Negro
the
donee
butees.
servitude
or
to
or
vf.
any
Sec.
the
or
person
orglaves,
various
deed, will, gift,or
shall
deciajons
be
to
made
deliver
the
distributees,or
slave
a
slaves,
or
for
expressed,
or
void.
bodyofthe
whole
frora
conveyance,
to
bequest
either
in nonunal
to
the
confidence,secret
or
Act, reversingthe
settled by
ni'iiie,2dMcMunbeen
'^^'
trust
be held
is directed
value
or
bequest, gift,or
confidence,
or
shall
donee
their
devise
every
slave
This
or
di-strf-
the
to
any
trust
a
slaves
the
for
accovmt
or
3d. Tliat
with
slave
account
a
slaves,
or
be void, and
upon
of any
42.
such
That
Caroli^ja.
value.
slaves,
or
that
to
4th.
benefit
the
rsrmiUe
slave
only, shall
ofkin.
next
slave
kin, for their
any
slaves,
Sourn
of
the
up
expressed,
or
slave
of
of
conveyance
secret
deliver
to
next
or
Law
1S30,
prior
law,
have
can
effect
no
its passage,
to
had
uiiich
on
any
17ih
cember,
De-
1841.
Sec.
the
Act,
gentleman
rich
a
This
43.
in the
defeated
he
kind,
his
devising
it has
been
it, and
to
estate
always said, was
dispositif"nof
the
of
one
his
passed
Like
estate.
expectations oC
hia
kindred,
the
to
control
to
everytJiing of
his
of
next
exclusion
kin, by
of
ail. the
rest-
Sec.
the
Act
the
experience
My
44.
Acts
of 1820
of 1800
he
that
duty
a
As
the
country,
of
under
well
which
either
The
the
he,
his slave
or
world, it is especiallyour
and
regulated
for
in all
merciful,and
slavery.
neirro
condition
in the
sulTerers.
and
us.
upon
mercy.
Tier
the
faltered
45.
Free
rights
by
State
not
rather
treiir'.i,
Skc.
all the
our
are
action
negroes,
ol" property,
or
entitled
a
and
our
can
her
Jaws,
done.
slave.
have
we
to
us,
and
well
fear
to
the
will
be the
holders,
fellow-slave-
withering effect
kind
mother,
than
thing
any-
and
njis-
all, extending justiceand
To
to
say
protection
just
With
of slaves, fall
management
and
of the
be
to
nothing
not
countrymen,
the
a
are
state
present
They,
her, be just,andfearnot.
home,
at
be
rights should
which
In
Who
ibrefgn countries, will be
or
file.
Carolina,
mulattocs,
and
be
hi."?
cf
power
In the
more
I would
cipation,
eman-
feels it to be
exceptione majori.
my
and
master
a
of .-^lave owners,
that
own.
demn
con-
emancipation,
the
dispense
only reward,
foreign shore;
indictment,
to.
the
unmerciful
South
than
him
slave
assure
enemies,
on
cannot
biting the
or
people, free
against
sons
last
.see
that
be
to
institutions,with
oar
of all her
As
viper
unjust laws,
eI.^;L;. I would
tress
of
however,
me,
stands,
he
to
me
repealed,
Many
he
and
duty,
things
be.
whom
appreciates.
Fanatics
of the
Let
tiiat
anti
mercifully applied
and
it to
for
Give
regulated guards,
be
to
especiallyrewarded.
be
master?
Iea"Is
nothing to fear from
directs
now
should
Judge,
ought
has
slaves,
or
a
They
State
law
the
and
man,
law
slave
good
this,but
judge
a
1841.
that
a.s
has
provide.
to
slave
and
restored.
regulated
knows
as
mestizoes,
in
their
white
they
invaded
or
are
persons
inhabitants
will
die
in
despoiled.
entitled
and
to
erty,
propof
thi."*
IV KG
Stc.
4G.
requires
Tlicy
be
be
must,
ofSl.
Sec.
With
They
may
They
can
be
and
Habeas
writ
the
of
Act
1935.)
strike
cannot
They
white
a
wiili
guar-
ami
ilic age
a
grmran-
v.-ilh.
white
tlie
pcojile. are
descent.
by
Tiicir
^j^^'ff/,:;,
'I'al eMate."
^'/r^f'pj^^^'
and
sue,
who
those
to
who
strike
may
writ
of
Th?Sait'i's.''
to
""^[,'^'^"g7
^'
State
coiiti^iry
by force;
force
repel
cannot
the
enter
ilie
that
is.
tl'ey'/jl'i^jj;,;;
^.q.,
of them.
any
l.".i.
Tl't? Sale
would
gro,
to
a
white
them,
induce
regarded
be
cases
and
Assault
the
same,
less
mulattoe?,
nesses
Free
51.
They
where.
in
a
and
the
free
witnesses
i^i.i^7isia'i.2
negro
would
Jury,
in all
arlioii
by
indictments
less
to
They
of
ted
convic-
liable
12
to
be
wit-
jurors
Courts,
a
months.
cannot
be
witli
no
the
Freeholders'
and
Magistrate's
a
Court,
trying
nnd
then
the
entire
any
person
free
without
oath.
This
extent
which
I have
of color, if the
give evidence,
This
tus
Act
was
and
ought
of 1740.
ventrem.
that
only
the
mean,
a
and
however,
stated.
issue
to
be
clear
ol
of
a
It
free
admitted
mistake
the
that
slavery or
at
was
one
a
of the
follow
yg
to
Act
p. i,. leo.
civil law
maxim
Courts.
our
of par-
1st section
of
condition
be
the
The
Satc
Powell,
^,
in
should
of
stc.
ofi740.
to
case,
is entitled
witness,
the
muj
i3ai
held, that
"
in the
freedom
the
time
woman,
"
provision
offspringshould
always
not
white
as
o(rence.s
for criminal
mestizoes,
or
was
,,.,.,
predicated of
sequitur
ther. which
mulattoes
negroes,
i!'2.
14rh
'
.
or
\x-;ijtp
'^''^*^.jg",'/"^*'
f/'J*'"*^?!",
",
of
einerle exception
slaves
crt-
sua.
for ihe
one
be
can
Inferior
ofc
protection
ihan
mestizoes,
in
294-
general
should
for Ihe
not
Court.s.
n-
v."!.
i Unit
scott.
decision,I
by declaring any
antl
Court
i'rva ne-
-'Asa
remedies,
guaranty
imprisoimicnt
be
of
a
negro,
assisting therein,
Superior
tlie
/-,
iiidictinent."
an
law.
mulattoes.
even
by
of
free
a
in
that
Battery."
Imprisonment,
or
and
the
cannot
strike
to
par;
1
Spcers (note) 155,
opinion
mestizoes,
negroes,
jurors
or
the
another
or
SIOOO,
than
in
and
common
forcible abduction,
of their
Sec.
the
of '37 iVirnishes
Act
2d
"
1
From
addressed
in
justification,
False
and
Battery,
free negroes,
fine not
to
the
on
Battery.
Assault
men,
legal
a
as
addition
In
50.
Sec.
reasonable
as
or
,
"
decided
case
Harden,
vs.
whatever,
that
say,
a
insolence
an
justify
would
in
insolence
and
Stale
in the
as
I
"
,
held,
Assault
impertinence
man,
rule, I should
been
an
excuse
of
,
,
reported,that
not
not
words
That
bowever.
holding
dissented,
"'
and
Appeals,
,
,
,
It lias,
49.
Sec.
of
,
the
I'd
in- v.';'!"N(wm:,ii.
by action,
tliat
Corpus, (except
in
rpponul
protect their persons
to
NVw^
r,2.
"
'i'hey may
same,
r.n\vpr.":vs.
mar-
kegal.
respective guardians.
Habeas
man.
contracted
be
devise
or
denied
is
Corpus
s ut. 402.
\v!io may
above
of tiie nvgro.
transmit,
theJr
of
a
the
]irovisinii.
of ami
juris,when
even
entitled
are
this
S, 7
^-o.-tM.ci
liave.
Distrirt.
withstanding
and
and
noticing
Tliey
of the
'22
lo
pubiic.
and
aiiene.
mortgage,
dictment,
the
hold,
purchase,
43-
Sec.
mere
of 15.
age
prottclyr
a
to
anotlier,
one
Not
contract,
may
without
sued,
the
They
47-
riagcs
conduct
good
the
s;ii;l sui
I have
as
guarilianis
The
of his
tor
negro,
Clerk.)
the
is still,
above
of
Acl
juris. (The
sui
13
C'a"olI:'"!.'i.
Ireeliol.ler
rei'pectable
a
appointetl by
Tree negro
free
Sorrw
or'
legally
arc
male
every
ilian,wiio
Law
HO
of
the
the
mo-
condi-
vs.
2
Biev.
U6.
The
^'^""'
S:aip
vs.
n.
in-"ii-273.
iiays.i B4l!2r5.
14
Xkgro
t.io-1of I he
used
hut
olTsprinj:.
designating
ius
Law
uliere
eias.s,
a
SoUTii
of
the
Carolina.
words
tliey are
tmilatto
be
to
mestizo
or
ever
are
interpreted by
their
mon
com-
acceptation.
P. L.
^^c-
i6"..if.7.
/- St,it
.ioi-ii):i
5--
",c.. should
conlined
have
examined
tbrm.
and
of
without
the
of
sanctions
classes
he
of white
made
it.
the
laws.
The
and
of truth.
Falsehood
sacrificed
Sec.
"
Lourts
ni
"c.
So
too.
they
or
Prison
Debtor's
may
may
in such
Act
of
the
55.
spr
Con.
9iii Art
s. V.
in
ties
certainis
thus
in the
motions
oaths
the
all
Superior
^
on
under
make
may
cases
the
as
take
and
and
postponement.
oi
under
Acts
of
the
Insolvent
Congress
and
tain
ob-
to
the
Collector,
Tax
liable
to
may
than
may
be
Bold
under
making
Sec.
56.
Acts,
since
Its
making
issuing
of
shall
they
double
The
to
term
1840.
meaning
has
term,
no
the
pay
not
exceeding
be
instance
the
pay
themselves.
be
Such
of
their
taxes,
^'freeperson
given
rise to
is confirmed
by
of
many
be
liable
to
for
; but
issued
;
they
providcvl,
be
them
against
go
term
cannot
against
for the
provisinn
under
longer
a
o(
iiiu'..l-
that
year
one
sold
Act
negroes,
executions
is
one
The
and
lax.
due
taxes
to
mem
any
are
in 1805.
free
against
executions
.'
#t- if
rest;
They
to
constitutionality of the
in payment
The
a
in
tax
of
returns
fail
bv
themselves.
originated
executions
for
the
agent.
of
return
a
or
"
by
have
to
vviio may
be sold
(fixed
V
for
return
as
incapabU^
tax,
personally
return
a
such
necessary
the
merely.
free negroes
make
seems
mestizoes,
be
to
capitation
a
return
a
such
mestizoes, (except
'
make
tax
the
that
P^rty
of
are
may
for not
This
however,
not
the
innocence
.
parties,
make
may
may
taxed
them, they
2cl
;) they
she
or
directs
'/d
iliil,toes
in
matters,
Court
satisfaction
family
double
''^
^Ec.
^"'"/.IF;;"?p.
to
for
negroes,
of
mestizoes,
"'
tax
sick, he
hum,
too.
punished
of
none
result,and
and
mulattoes,
negroes,
"
ot"'45,iiSiai.343. each
s^c.
to
feel
prejudice.
Act,
livelihood,)
making
1833
the
trial
the
on
ought,
be
to
case,
will
ignorant
the
They
are
or
free)
of
uui-
provision,
court,
or
any
.
they
Bounds
Free
54.
Act
The
of
be
a
1.
as
country.
pursued
,
t,'r::ii.irn.L"iiHill, of
be
Christian
collateral
on
the
ber
in any
com-
been
unwise
very
force
much
mulattoes.
to
Pf-c.
a
tree
at
as
has
to
are
tliat
cases,
Act
Negroes, (slaves
as
shrine
^'"'^ proved
Th'e'sau^vs^'*''
'ill
it
negroes.
seem,
the
Act
pension.
a
Sec.
ioi.
under
the
slaves,who
in such
witnesses
any
course
negroes,
which
and
it would
I think
is often
The
affidavits
.',.,,
I.nppz, necessary
free
obtaining testimony, leads
on
Free
53.
against slaves,
they testifyfilsely, thev
adduction
often
of
examined
it.
a
sections
Indians
practice
with
in
people,
if
he
oath.
an
Ulh
which
examine
oath,
know,
to
iiunian
by
of
an
From
tlie
practice,to
and
free
to
stated
sanction
13th
witnesses
might
Bat
before
I have
as
"c..
o.ith.
upon
be
oatji.
mulattoes.
course
the
been
without
law,
mon
Itt-p-109.
tliat the
may
negroes,
Harp.
singular
f^''^"-1'^- directing who
he
r.hnnv.s.
It is
for
pro-
sale
of
exceedingly questionable.
colore
used
imperfect
tlie Act
in
and
of 1740.
many
of
improper
and
our
tions.
no-
all proper
Nf-.tiHo l.AW
of
constructions
its
learned
of
words
the
zucs."
the
all who
; for
use
not
are
have
would
57. The
of
person
troduced
to
5S.
free
Any
be seized
migrate
by
land
by
white
any
who
is authorized
to
inori
three
freeholders,
iion
of
said
free negro,
his
arrest
and
on
the
;
of
time
bailed
be
punislunent
and
the
half
other
59.
board
free
from
the
or
ready
of
any
free
of
person
color,
unable
or
refuse
in the
until
negro
so
to
stream,
ready
for
one
is
of
of
he
do,
100
sea.
at
ieavt;
the
if
And.
Iree
negro
or
left shall
Court
of
one
corporal
such
punishment,
than
the
of
court
a
the
time
lowed,"
al-
the
to
of
use
or
trate
Magis-
one
of color
person
be
may
the
State,
in
of
yards
to
the
be
of
board
said
If this be
not
if the
the
complied
jail,
ofl"
that
the
on
any
sel,
ves-
for each
free
that
vessel,
are,
free negro
the
in
recognizance
which
; but
from
a
or
that
Sherilf
and
with,in 21
he
person
Captain
shore,
o^i
to
sec,
em-'^''"
haided
board
$1000
required by
distance
be
his said
this Act.
detension
be
into
State,
otlu:r
confine
provides,
enter
the
and
ves.sel
color, on
sum
on
away
is to
Act
person
Captain
his
the
this
in any
or
apprehend,
until
into
come
mariner,
to
sea.
or
color
The
may
carry
costs
or
half
requisitions of
sea.
the
after
previously fixed. 15 days )
person
security,
the
Jor
pay
the
color, who
with
ready
and
his vessel
emain
of
for
sum'
and
"
can
a
such
to
days.
to
may
da}s
having
ir
lial)le
be
before
color,
negro
cause
sutH;-,ient
and
comply
when
of
wharf,
Sheriir shall
will
on
informer.
the district
person
he
the
'-longer
cook, steward,
a
Sher'lTof
or
or
negro
and
good
will,
free
the
si.\
before
if after
conviction
of
use
vessel, as
negro
apprehension
he
the
^"^^'
e.xamina-
Slate
15
State,
da}s,
shall
State
freeholders, the free
to
13
time
proceeds appropriated,
ployment, the
such
the
'
"
and
"
the
tlian
conviction
the
and
the
order;
in
have;
jail, until
to
within
shall
\k]-,-
parish
trial and
color, within
to
longer
lie
fr-ieliolders,
proof
If the
any
of
leave
on
of
xc\
"'*"^'
in- '!:'
or
of the district,
city or
negro
for the
liim
not
to
is. I suppose,
three
the
bail,
and
free
the said
him
leave
not
court
upon
sold, and
negro
free negro.
brought
heiiiga seaman
of the district,
person
ordered
three
(which
return,
with
be
SherilVorConstable
Court
onler
on
still remain
shall
the
use
mi'sti-
umli-rsiaud
to
for any
to
color,not
the
a
commit
to
him
and
the
as
form
or
arrested,
and
Magistrate
on
of
commit
or
and
conviction,
release
shall
otTender
bail
color, shall
of
Sec.
Stale-,oi-
Magistrate
any
conviction,
to
or
being
shall
to
and
water.
or
by
or
person.
before
return,
guide
he luilawful
to
this
person
or
negro,
an"l carried
person
Legislature
vessel arriving in this State, violating this law, shall and
hoard any
after
it
into
its limits,
within
State,
(lunger
ouglit
mulatlot's
cer'ain
a
the
the
Legisialure
uegroi's,
iiuvc
of ';5.3,
declares
Act
color,
*
the
The
Free
""
of
Acts
the
In
used.
words
Sec.
hence
signiiication.
execute
1710.
one
every
wider
to
mestizoes.
mithiltce^anrl
negroes,
Judges.
or
oT
Act
the
to
mucli
a
lawyers,
then
and
Sec.
or
it Ims
parlance,
common
of
cod(;noir
our
15
Cahui.ina.
Soirni
or
be
haul
there
iiours.
7 stat.
Nkgho
16
is
Cuptiiiii
the
liable
indicted,
and
6'). Wiienever
Sec.
C'Aaoi.ixA.
Suitii
of
be
to
$1000.
crcccediiit:^
not
3.1
Law
aiul
imprisoned
IVec
any
or
color, shall
of
jierson
ne"^r|-(j
fined
be
6 niontlis.
exceeding
not
is to
conviction,
on
be
ap-
s.
"
a:id
preheaded
1.
tiic
of
duty
oiTendcr.
or
shall
departeii.
sec.
dealt
Sr:c.
7 S:at.
If any
61
be
book
wliicli
giving
tree
Sheriff,
the
by
the
warn
of
of such
name
kept
to
is
it
sea.
time
the
at
the
occupation,
shall
orneglect
again
free
and
enter
to
gro
ne-
with
a
of
is evidence
negro
office,
in the
color, before
the
case
having
is liable to
she
or
lic
pub-
a
or
away,
he
prescribed
of
as
in
State,
her
or
State,
the
person
or
him
carry
into
forfeiture
the
the
depart
not
enter
Cleric's
in the
deposited
incur
and
]\Iagistrate
State,
to
by
State
^
be
offender
ever
with,
and
is to
refuse
shall
Captain
book
a
his person
If the
record.
enter
this
L:ome
upon
the
.Magii^tratei.-sto
and
warning,
the
to
corning'-into
call
to
color, in
of
of
description
nrh
again
never
jUT.son
for
SherilF
the
wariiiiiT. the
such
be
committed
1st
the
sec.
of
passage
^"
of
tl-.eAct
Sec.
Sill
sec.
the
and
2d
shall
7 Slat.
vessel
of
amity
with
from
of
the
are
1st
sec.
free
operation
its
a
6'1. Free
from
military
They
to
on
American
the
shore,
on
their
vessels.
free .Moors,
Indians,
subjects beyond
of
Cape
Goop
mestizoes,) are
prohibited,(unless they
or
guardian.) from carrying any fire arms,
weapons,
of
as
of
pain
under
though
pioneers,
forfeiture,and
and
Magistrate
a
of
of color, (meaning
fres persons
and
employed
be
or
Hope,
vessel.
merchant
discretion
65.
posed
to
to
first,
The
mind,
my
jjgpQ^^i^.jd^
Bf-c.^istart.
,^y ,pg
"f
c.
chapm:invs,
Miller, 2d Speers
should
709.
grave
at
^^^^^.
oiice
strike
questionable
They
gigf,"r
paramount
'
so
have
other
being
freeholders.
three
they
be
may
States,
out.
of
sections
fifth
policy, that
them
with
carry
subjected
so
which
have
1
.
I
am
unless
,
objectionsto tliem,
"
in
i
whole
be
dis-
of
they
believed,
never
we
,
there
too,
are
'
......
constitutional
of
Act
elements
many
,
"
airaid
the
I should
foreign nations, that,
and
necessity,
-^
thetn
and
third
second,
of
thein.
repeal
Con.
art.
colored
keep
to
board
in
powers
be found
shall
they
any
other
or
national
military fatigue duty.
'35, are
9th
free
to
board
color,
employ-
in other
or
on
or
European
the
Sheriff
the
mariners,
or
of
persons
and
the
at
in
provided
as
,
thirty days they
and
negroes
unless
Slates,
dangerous
or
snipwreck,
Irom
if within
States;
of
an}'
by
their
cannot
Sec.
Sth
of
negroes,
mulattoes
Avhipp(;d
United
in any
arrive
ticket
stewards
the
extend
other
or
may
cooks,
United
not
free
of
warned
does
Sec.
course
as
navies
being
State
.
.
imprisonment,
peuahics.
e.xcepts
sec.
vessel
the
and
arre."t
all its
tlie
into
coming
^
-,
,
.
Slate.
9lh
the
Act
7 Stat,
to
arrive
to
incur
the
The
meat,
who
SdparafeTah
and
63.
Lascars,
s,
State, they
penalty
excepts
.
color,
Hable
them
in any
The
Con,
Act,
the
,
ol
persons
leave
,1,^ cIkiU
after
2"i.sec.
of
sec.
the
under
returning,
.
sec,
not
Sec.
sec.
Sth
,
declares
but
1 nil
The
62.
nesroes
.sec.
since, has
or
the
7 Stat.
.I7:j.
9?ii
'35.
prohibited from
forever
,'^iiallleave
lei't. or
"
i
or
in
part.
many
Negro
18
and
State,
the Judge
free States
of the
John
man.
her
for
aiding
ourselves,
to
and
changed,
to
run
less
of
of
than
be
death
be
from
depart
It is now,
mercy.
shoukl
the
worthless
a
and
away
matter
and
abroad,
conviction
viovement
this
punishment
a
the
slave
whole
(rora
trial
of
a
that
Carolina.
the
on
account
on
service,stopped the
due
however,
South
of
presiding
Union,
Brown,
L.
master's
law
Law
taken
the
up.
for the
assigned
offence.
Sec.
9. Slaves
so
far
relates
^^
debts, except
P. L.379.
is
P. L. 420.
as
be
property
that
Sec.
sell any
in
legal estimation, as
in
our
State,
become
change
writing
;
they
sheriff,(and
without
Ordinary,
1.'
otf
induced
has
"
slave,with
and
ter
of
freeholds
their
in
tenants
be
should
and
wise
until,like
by
of
amount
or
separately;
Seu.
11.
chattels
Sec.
Temient
vs.
vs.
.SJ.
Helton
ai.9i,99.
the
in
If this
the
should
be
to
be
and
a
cnioa
human
of
Sec.
2d
13.
""",,,
being, is by
all his
the
Act
also
in
A
\.
master
x".i
may
jury, by repellingforce with
by
indictment.
,.
of
protect
force,
be
for debts.
be
a
A
sequestered
debts
law
of
1740.
in
execution,
of
account
the
equity, might
or
slaves
together
declared
arc
law.
our
civil and
liabilities,
law
they
might
provision, too. might
court,
protection,which
the
the
to
butees,
distri-
in families.
sold
are
among
it
"
plantationand
the
mas.
coparceners,
impossibleon
either
of
slaves, by
rights,
right
pay
tlie
them,
partition among
being sold, might
would
ofo
"
annexed
great degree, sales
a
then
,
were
Some
by
debts
of
relation
otherwise
not
sales
of
order
family ties
and
the
for oayment
.
for
law.
of
sale
the
slaves
and
the
to
considered
as
be
sons
per-
criminal.
would
belong
to
slave.
a
'
'
as
Dudleys
Cusion.
The
tenants
Den
,
Rep.
order
Although
many
12.
joint
they
personal, yet, they
with
civ.
to
sold
itself,
by
public
ot," the
change
of
and
necessary
by law, they
slaves, instead
indebtedness,
the
,1
bear
without
masters
for payment
under
it be
when
prevent,
profits.
be empowered
if
of
change
fore
be-
subjected to
are
These
be
sold
rending
freehold,
vadium,
viimm
annual
that
and
the
would
lands and
debtor's
the
with
which
often
"
common,
wholesome
made,
be
sold
the
they
executors,
sheriff, may
continual
owners,
under
(vviiichhas
their
and
by constables.)
the
consequent
think,
to
me
finea
estate,
which
estate,
given by
administrators
rrnThis
the
real
inquiry, whether
]"
division.
or
sell
to
personal
slight character
and
(slaves) are
any
"
J
debts
are
or
other
recovering
disposition.)slaves
sold
sold
the
when
levy
'87, for
of
part
with
easy
be
from
of
payment
negroes.
this
too
by
even
they
"
other
or
executors
partition
or
they
Act
the
in this respect
Act, (which
sheriff is directed
the
compared
sold
may
the
personal chattefe,
liabilityto
or
exempted
are
by
of
of
"
are
administrators,
1789,
negro
In consequence
10.
continual
of
also
be issued, every
to
shall
he
Act
and
other
as
court
county
force.) slaves
shown;
executions
p. L. 493.
the
by
treated
of property,
forfeited recognizances,
and
^
law.
our
questions
to
still of
perhaps
in
are
"
^
slavery, transferred
the
or
"
ofr his
i
person
by action,
and
,
,
to
the
t
slave
in
some
master.
t
from
cases
in-
Sec.
Any
14.
dress
bv
Negro
Law
iniurv
ilone
the
to
of tresjiass,
nctioii
Soi;tii
of
Carolina.
of
pcrpoii
19
slnvc,
he
lavintr
tlie
his
(*/ et ai-Jiiis. williout
mny
f'^^ton
re-
iiiiiirv '"'"''""
done,
with
have
hired
Sec.
be
n
15.
kill any
sernlinm
anotlier.
By
the
of
Act
wifliout
fine
a
of
heat
sudden
on
to
the
1821.
benefit
the
.,
aoiisit.
slave, to
slave,
conviction,
.
the
felony,
a
quod
per
.
.,
and
.
,
,
lhi.s
of
murder
slave
a
and
$500,
he
may
Cas-
Tenuentvs.
Hen-
ss"^^
iiep.
^
to Actso"lS2l,p,
Act,
same
the
passion, subjects
,
is declared
the
by
and
,
though
even
clergy ; and
exceeding
not
,
vs.
'o". 2'l Uiii' 'J5.
"
,
Mnr-
vs.
to
offender,oa
imprisonment
not
ceeding
ex-
6 months.
Sec.
are
16.
constitute
To
than
necessary
law.
such
So
the
manslaughter,
and
nion
the
into
enter
as
sudden
killuig.on
slave,
a
jury
other
no
offence
the
heat
the
finding by
a
of
murder
and
ingredients
murder
same
as
for the
indictment
The
aslave.
of
murder
and
good,
Sec.
held
was
An
intent
murder
kill
i^f^P 'f-^-^-
slave,
of
Court
without
and
beating
be
be
word
is, whether
whipping
or
in
otherwise,
Sec
20.
humane.
in
no
The
people.
were
vs.
deci-
assault
an
it^d!
spri'ug,
him,
at
with
of
^^^'|2^^453,
an
it
making
his
tjonvertible.
deed,
is
a
owners,
the
question
defendant,
which
is
so
they
if
So
that
The
if
the
tion
ques-
they
had
inflicted
they
must
be
is sufficient
jury.
'?. If
on
able
reason-
unlawful.
have
defendant
the
me
beating
men.
would
our
fully
unlaw-
without
"What
for the
did
to
enormous,
reasonable
defendant
the
be
it is unlawful.
and
"
if the
For
it cannot
or
not
by
"shall
terms
charge,"
provocation,
Acts
of 1821
protect
and
slaves,
brutal
violence.
in property,
They
have
indifferent
1841,
who
be
the
this
answer
acquitted,
wiped
to
the
dare
not
They
teach
their
hands
keep
to
a
away
lives
eminently wise, just, and
are
or
raise
their
men,
are
our
ly
whol-
property
reproach
of
hands
own
who
off the
shameful
persons
n
meanor,
misde-
a
presented
The
me
then
act,
or
beating
or
$500.
times
under
excuse,
word
'
it is
convicted.
irresponsible
we
several
affirmative,then
defence, against
that
by
not
without
or
of
beating
the
They
other
Siate
Fleming,
Act.
judicial construction
no
provocation,
slave
;is
place
question
to
seem
either
provocation by
in the
the
by shooting
as
exceeding
not
been
slave
any
provocation can
been
for
conviction, to imprisonment
it construction.
reasonable
from
under
unlawful whipping
the
received
has
It
provocation."
excusable
a
given
beat
or
indictment
an
consequence
provocation
fine
has
Act
I have
whip
the
sufficient
Appeals.
and
Circuit,
makes
of 1841
Act
This
19.
Sec.
a
months,
6
exceeding
on
slave
a
a
subjects the otfender, on
and
or
indictable
was
sub-
guilty of manslaughter,
judgment
and
and
'
act;
murder
This
murder.
passion, is good,
slave.
The
IS.
of any
a
be
verdict
kill and
to
and
of the
receive
mi.sdenieanor.
kill and
to
Stc.
if the
attempt
be
to
to
heat
punishment
is to
offender
the
17.
the
to
slave,
a
sudden
killingon
a
offender
jects the
the
of
vs.
'^'1^^^^^'^'^
mur-
The
derof
State
com-2J]'^i'i^^459;
at
is the
passion,
an
on
of
slaves.
upon
of
us,
They
Stat. 155.
Negro
20
V
had
have
yield a
it is
ca!?trate,
eye,
limb,
stick,
slave,
state
heen
Rep. (So. Ca.
Kep.)p. 163.
^
current
held
Sec.
if
neglect
person
possession or
he
shalL
or
The
State
vs
533.
and
1821,
allowed
of slaves
if
and
V }'\^'^:.
7 Stat.
to
they
considered
sum
it has
part of the
is too
slight
provide
present,
the
or
owner
or
in whose
slave, and
be
less
adjudged guilty, unsufficient
dence,
eviby good and
dear
exculpate himself.
and
applicable
with
tion,
sec-
shall
present,
case
the
be, shall
appear
as
being
such
of
39th
cruelly beaten
was
or
section,
in the
provided,
or
37th
trials
to
of
murder
the
under
of
Act
the
slave,
a
This
has
been
himself.
speedily
to
of the
should
fail to
be
informed
do
of 1740,
Act
the
so,
next
owners
food,
and
declared
respectivelyare
the
to
the
requires
clothing,covering
owners
against
perjury,
to
it.
remove
suffitieiit
with
them
presented
temptation ever
greatest
section
38th
to
or
such
the
provision
this
in every
shall
oath,
own
is the
The
liable
be
to
his
by
This
25.
Sec.
Tiiis
punishment
management
Legislature ought
the
and
imprisoning
or
the
was
or
"
contrary
exculpate
24.
evidence
prisoner charged
a
to
Sec.
the
been
provision has
other
punishment,
slave.
a
limb,
was
slave
the
power
in life
and
care
make
can
but
under
person
give
to
the
having
out
of any
slave
any
1740,
put
offence,forfeit
23-100.
killed, it
were
white
no
refuse
or
$61
humane,
suffered
slave
a
every
convictions
slaves
where
such
beating*= of
"'
of
offences.
secure
where
that
abused,
173.
To
confining
or
to
cruel
any
provisionis
The
23.
also
and
to
scandalous
for such
equal
money,
extends
22.
Sec.
P. L.
person
vs
ciiev.
on.
cruel
masters.
Act
horse-whip, covvskin,switch,
a
shall, for
their
tongue,
deprive
other
any
the
out
or
protected, they
to
of the
section
burn,
with
irons
37th
know
They
thus
service
wilfullycut
inflict
beating
or
such
every
of "100
shall
and
effective
of the
shall
themselves.
them,
over
and
clause
by putting
or
is
Carolina.
slaves
on
cruelly scald,
or
by whipping,
small
law
person
or
member,
or
than
Wilson,
if any
provided
the
last
the
By
21.
effect
oliedience
hearty
more
Sec.
P. L. 173.
of the
South
of
happy
most
a
tlie shield
that
now,
The
too,
Law
of the
Justice
nearest
411.
(Magistrate now.)
Peace.
the
the
may
will
owner
"20,
levied
by
Sec.
26.
order
current
equal
money,
provision,
exculpatory part)
is
a
as
ours,
by
should
charge
by
to
the
the
great
direction
Grand
an
Jury,
own
and
at
to
magistrate
fine not
a
the
on
offender's
and
be
every
be
be
goods.
is
there
of such
proper,
to
ceeding
ex-
to
owner,
out
that
the
that
except
one,
that
say,
proof,if
of
the
set
may
enforcement
It
each
determine
absence
oath,
humane
miglit
Act, hereafter
penalties.
of
the
in the
his
and
remarked, (leaving
and
I regret
for
or
of the
be
must
hear
to
$13 66-100,
to
wise,
very
occasion
severe
by
sale
and
it
penalty is entirely too slight.
Slate
true,
give relief
will
as
be
himself
of distress
warrant
This
to
exculpate
not
such
make
if found
and
complaint;
is authorized
who
in
such
law,
a
this
and
a
companied
ac-
matter
passed, be given
term,
the
in
they be
Law
Nkci'.o
of
solemnly enjoined to enquire
masters,
sulRciei
that
and
clolliiny.covering,
t
of
duty,
tiie law
and
food;
part of
the
on
witii
tliem
sIiivls,in I'unur^hing
direct
also
might
be
instantlyto
be ordurr.d
reported,should
them
by
one
every
ol"
21
CAaoLiNA.
ail violalions
employers
or
owners,
South
of
indicted.
Sec.
abandon
settled
It is the
27.
slave
a
raent.
If he
same.
In
does,
Fairchild
early death,
in the
noble
infer
of
capricious individual
For
performed voluntarily.
obligation
solemn
the
The
comforts,
slave
of
and
Sec.
to
pain
his
and
ger.
danhis
labor,
the
working
from
September
equal
30. The
Sec.
Few
much.
March
masters
1st
to
under
and
October,
much
as
Sec.
hold
prudent
humane
A
31.
slave
may,
hours
"20
pei'-
15
hours
from
25th
current
Tg^^i^^lg
money,
than
from
for
intervals
1st October
eating
and
from
labor
hours
12
the
is too
in this section
for labor
more
1st
^
1st March.
to
rest, is about
as
will demand.
the
of
consent
his
is
acquired,
All, thus
personal property.
to
prohibitedfrom
than
14
of
other
or
more
and
penalty
allowed
masters
by
oumers
for
work
to
10 hours
after allowing suitable
This,
Act.
same
a
demand
now
equal
money,
offence.
and
limited
time
current
September,
for every
66-100
"5
of slaves, are
slaves
25th
to
March,
25th
to
$13
to
March
25th
the
of the
management
said
the
puttmg
or
of
fine
a
f-gt^'/o^
in this
law
worked.
so
and
care
to
protec-
are
of the
violation
The
day.
section
44th
the
By
having
sons
offender
slave
for every
29.
Sabbath
the
on
subjects the
7-100.
and
acquire
master,
in law
regarded
that
as
nobson
Sec.
master.
32.
ticular and
vsr'Vhe
of C.ir-
n.i.ie. ^
The
only exception is under
makes
goods acquired by
possession
neat
benefit
peculiar
.
mares,
Per-
.
of 1740, which
the
ts.
OamiUe
Adin'r.
.1
ot the
any
by
another
of 1740, slaves
Act
of the
section
22nd
the
labor
respect
.-.
is bound
of
time,
most
ment
treatdisposal. The duty of humane
not
ought
assistance, (when clearlynecessary)
medical
By
28.
from
$3
His
service.
have
to
the
withholden.
Sec.
ted
by
from
slave
the
relieve
to
cruet and
a
ought
services
or
expenses
would
law
suffering,he
from
his masier''s
he
bound
is
"
2.1
Cniun.
his ma-ster's
all at
are
the
slave, or
for
lives
slave
his
defray
to
life of his
the
preserve
be
protect
obligation
same
to
to
as
i^^g.
utp.'
"''**
deplore, said,
compel
which
master
or
^ij, .p^.j^cii
to
cause
fact, to
duty,
the
may
Fairrhil.u-s.
rai-
furnish
patriot, ''the
of the
that
discharge
to
good
and
evidence
the
against
had
food
great Judge, Wilds.
and
man,
cannot
owner
care,
who
one
any
good
Christian
a
an
treatment,
to
Carolina
South
language
contract
a
liable
Bell, that
vs.
whose
be
will
tlii-s State, that
medical
either
needing
he
of
law
"
of
,
a
slave, as
cattle,sheep
slave, liable
to
be
of such
or
seized
,
traffic and
slave, boats,
.
his
34th
the
own,
and
^
c
by
any
one,
and
of the
barter
for the
canoes,
\
or
or
u
own
bred
forfeited
mcMuU
Act
'^^^\'^\l^
P^""" J,^^
^J^'y^j^^
periaugers ^'i
"
for his
goats, kept, raised
section
use
;
for the
by
the
Norwood
hoises, j.yck,3d
.
use
VS.
"
of^'"*-
judg-
Rich.
in
Ma-
Negro
22
of any
aient
Justice
l$rSon"Joia.
^'^''^ ^^-
^ ^^^^
L'lw"Repl.ner.
lu-wst-rirs
Clarkt-
*^"'^''
Sdc.
1^0.
South
of
Ca.tolixa.
before
(mngistrate)
"whom
^'"^'^'" ^''''^ "cciiou, it iuid
'''"
""
34.
plantiiUon
A
seizure
owner,
ui
of the
master
therefore
can
tlieymaybe
brought.
htlcly'lield,
that
been
nu
mnkc
to
otily he
niude
one
seizure,
such
vvlien
shive
is
out.side
of
a
ads.
r
louud.
BiHke.3ii.McC.
'^'
"
"
ae
liis master's
Sec.
4
This
be
to
passed
in
that
or
would
a
as
a
furnish
beyond
their
and
master
usual
slave, in
of kindness
SMoultrie-s
3:),v-3oS.
Mem.
neighbor,
Irom
the
master
by
law.
that
for
first law
the
slave.
them
meat,
the
prying,
any
do.
of
With
of
have
not
between
nor
to
his
to
forests
pine
matters
public
your
market
to
attend
and
an}' thing
has
the
to
the
lator
legis-
allow
not
to
make
are
vory
necessary,
slaves .-should
to
these
neither
fullysatisfyme
enforced
hog
a
All
which
mischievous
observation
or
allowance.
horse
family of
a
shall
he
to
m-."v
proper,
sax'annas,
swamps,
hcv
fortably
com-
as
not
vegetables
a
worst
certainlyno
you
carry
have
to
milk,
with
to
or
ought
The
hut
;
master,
a
tliat
or
be. and
food
have
the
provide
to
with
Still it
enactment
gratify
to
not
and
allowed
in the
its
to
now,
slave
his
to
say
harmless.
public opinion.
fish with,
State,
them
the
meddling,
and
to
be
not
of
iaw
led
to.
slave, could
furnish
to
canoe
part of the
to
cow
articles,
of '.lie master,
raiment
stock-minder
a
lower
the
right
venture
should
he
duties
The
abundant
and
have
to
resorted
to
the
which
reasonB
slate
present
render
only
for his
master
a
wholesome,
is
pleases
the
compel
slave
It
nature.
he
vow,
The
repealed.
our
as
abridged
tlie contraband
ol
quah'ficationmay
aw:ty.
of
pas."5ions
Well
possession
plantation.
35.
ought
all
Experience
slavery is
that
that
cated,
properly incul-
iudiciously applied, slavery becomes
and
a
'
^
.,
the
to
be
firesides from
slaves
Sec.
those
A
36.
this
that
own,
In
note
had
and
found
horseback,
reaching
a
swnm
tree,
he
the
in to
Cheves
the
wished
consirucied
his
persisted until both
rescue.
slaves
our
and
steal
and
be
by
the
dissented,
right
defendant
a
His
road
and
master
perished together.
told
tied
him
with
Court,
in
it.
the
and
his
on
the
from
his
he could
think, he
return
road.
his
horse.
comfort.
uot
ground
He
help him,
it his
right, on
from
Columbia
attempting
Three
From
make
was
to
In
a
plaintiff's
upon
contract,
In it. I
separated
raft of rails
This
I presume,
upon.
entirely over
with.
the
to
action
the
Simmons
Dewar
contracted
Constitutional
the
benefit.
Swamp
otr the
affirm
to
own
Chas.
Haughabook
WIS
then
"
protect
preach freedom,
brought
plaintitT
Professor
1S13, February,
to
who
the
by
given
was
it for his
consider
;
"
would
Our
defenders
.,
child.
feelingson
such
fanaticism?
our
.
,
slave, which
With
from
us
contract,
laid down
the
and
master
Charleston,
Marcus,
cannot
decision. Judge
the
over
and
homes.
happy
a
name,
ol the
part
fear
to
we
watch
to
of parent
herself.*
Rome
have
broadly
in which
Tiiom-case
'^'''
(xMi'u33io'
slave
by
of
the
on
n
,
tnat
to
prowling harpies,
slave
principlewas
he
of devotion
heroism
their
from
attachments
its
sentinels
our
,
.
in
plantations, what
would
on
next
instances
to
honor
our
"
.
relation,
family
do
"
,
It leads
Greccvs.
Law
to
first succeeded
times
save
his
cross
m
slave
himself; but
Negro
the
principlethat
shive's
a
the
on
the
but
Solth
of
acquisition of
is lil"c
contract
shive.
Law
it"the
the
infant's
an
slave
witii
alhrni
master
Caroli.-ha.
23
is his niastci's.
atlnlt.
an
it. ihe
It is
ilefeiiJant
that
and
y^
linaiing
not
he
cannot
ilis-
charged.
Sec.
."lave
A
37.
marriage
of sucii
union
slave
of
cannot
an
and
leirally
even
is
one
morally
slave,
good,
slave
and
is. that
the
or
I
m"rehj.
a
Sec.
3S.
slave
and
father
consequence
free negro,
a
mother,
or
The
The
who
hardship
ried
to
enactment
Sec.
Sec.
The
in all
mestizoes,
read
to
may
4L
By
or
write,
of colore
person
Sec
the
by
their
with
trust
are
we
and
When
repealed.
is not
slave
is
there
slaves
Who
do
to
teaching
a
an
as
seems
2d
section
or
free person
of
a
penalty
slave,
not
a
exceeding
that
be
to
rnay
Ll^ifio-./'.
^ *"''''" ^*^'"'--
and
kindred
how
by
against
?
of
son
look
I
less
fear-
will
to
those
be
of the
say
who
teach
your
owners.
or
daughter
to
me
slaves.
our
and
and
are
children
k-
justifyit,that
v"e
State,
laws
Such
afraid
I3.
'."J4.p
States,
It is in vain
his
of
-free
pro-
slave
is it that
the
|'-jjY^.|.|.^
a
character,
can
the
who
Again,
^cts
otiend)
subsided,
however,
in
taught
of .$50.
oi'the
Bible?
the
is done
Carolina
of
provide
of excitement
out
of
slaves
were
we
fine
a
Christians,
read
to
if
the
part of wise, humane
all
indictment
slave
think
mulattoe.s.
person
state
has.
to read
generally
The
43.
and
best
unworthy
Shx.
meni
It
favorite
It
The
and
persons
the
act
Scriptures.
tolerate
cowardly.
is
the
reatl ?
a
of
reflect,as
in it.
I
that
iniprisonmeiit. if
feverish
a
That
permitted
i-)tii sec.
jsand
'
negroes,
white
a
lashes
50
law,
slave,
p.
prohibited
are
months
of
to
this
we
read
would
six
out
another
provision, and
free
slaves
institutions.
be
to
danger
and
can
and
grew
that
*^
cious
judi-
a
oath.
doubtful,
so
penalty (if
prepared
now
masters,
mar-
to
oath.
on
1834.
impudent meddling
peculiar
lead
against
as
this
slaves,
exceeding
Act
well
without
"ou;
repeal
to
a
fine
not
This
42.
duced
a
under
from
free negroes
of
very
that
is
other
of
Act
$100
exceeding
not
well
examinod
the
and
of this
against
be
issue
the
testify,except
propriety
do
inherit
it.
mestizo,
or
cases
where
inherit, might
cannot
would
Legislature
Sec.
slave
marriage between
a
cannot
frei-.
case,
remedy
mulatto,
40.
slaves
a
can
to
A
39.
free negro,
be
may
another
one
illegitimate, and
are
of such
of
issue
for
rather
as
Such
a
ing
feel-
master.
of the
of
Act
of color,
fine, and
$100
prohibitsthe employ-
1S34,
as
a
clerk
salesman,
or
impri.sonmt
nt
7 Siai.
4CS-4W.
under
exceedmgO
not
months.
Sec.
44.
The
blies of slaves,
white
persons,
1st section
free
in
a
negroes,
confined
of the
Act
mulattoes
or
secret
of
or
place
1800.
prohibits the
mestizoes,
of
with
meeting,
or
or
? Stit. 440..1.
a.-^sem
without
willi
gates
^"i
Negro
^^"^^
""' ^"^'^
i^'troTAct'o'!']!*!
P''^^*^ "^
"''
iiS.ai.
the
u9-t;o.
free
Law
ingress
and
and
enter,
if necessary,
resi.sted) ami
found
call
to
such
of the
Master
such
any
7Stat
443
^^'
^'^^'
Bell
1 N.
and
troi
11 Slat
oi
Pa-
'JO,
mental
was
same,
if
J
l_N.and
Mcc.
be
meeting
could
Acts
day
the
V
Act
well
as
in
an
Bell
2d
only
now,
or
Sec.
of
48.
any
be
it may
Officers
mestizoes
at
be
night,
at
negroes,
dispersed by
patrol, and
of the
may
in the
us
that
punished
not
if
ever
have
The
no
40th
of
resorted
to,
countenance
or
of the
thing finer,
other
or
or
the
in
wliich
of
boys)
ol' greater
amendatory
of
permitted by night
are
not
operate
that
we
This
in
not
was
our
but
all
to
intended,
law.
Statute
the
rel
appa-
prohibitsthem
from
1740, regulates
and
not
for
doing good,
a
as
do
lie demands
for
support,
Act
in
white
Religions meetings
tyranny.
or
and
enemies,
are
these
negroes.
1800,
God,
that
some
were
repealed. They
our
of
worship
section
there
persons,
be
to
held
w-as
religious meeting,
a
letters.
white
mouths
free
on
where
of
Act
ought
it
Graham,
dead
slaves, (except livery men
weurjng
so
the
9 o'clock
majority of
a
majority of
a
as
more
They
They,
to
1803,
wherein
9 o'clock
After
of
intruding
of the
section
one
in
be
might
treated
are
slaves
ought
of
going
a?
present,)
ads.
gratify hatred, malice, cruelty
and
"
the
Act
before
assembled,
meeting-house,
open
there
The
people.
his
'
meeting,
r
and
justifya patrol
upon
our
of
case
by day.
as
reproach
afford
mulattoes
not
with
negroes,
negroes,
,
alter
or
the
by
place
Officers,and
the
of 1803.
sun,
people.
be
In
time,
47.
free
or
meet-
lashes.
people, although
Sec.
prohibited
r
of
composed
may
persons
negroes,
46.
Sec.
the
not
J
majority are
a
the
20
exceeding
may
to
punishment
of slaves,
ot the
altered
are
white
Militia
Magistrates, Sheriffs,
free
Act,
them
convey
1800, which
rising
any j
="
white
(although
award,
may
this
,",
religious society
any
provided
slaves,
of
properly
into
_
of
before,
^^-
Act
the
very
breakinff
the
60
or
inflict
and
'
r
nioht.
the
to
free negroes,
to
liis order,
instruction
beiore
mestizoes,
raembers
is to
under
of the
,^,..
prohibit
to
as
of^"
sec.
Act
inflict
to
City
slaves,
contrary
who
them
them
".
of the
down
13th
and
religious or
mulattoesor
'Mc.-zis.
assembled
necessary,
mulattoes,
deliver
City, the
Act
hood,
neighbor-
negroes,
of the
Magistrates
of the
the
to receive
(if
zoes,
mesti-
in the
from
may
required
Constable,
2d section
The
injTs for the
=",
ac's. Gra-
ham,
is
found
or
lashes.
20
exceeding
may,
to
windows,
if they think
slaves, free
such
If out
nearest
Magistrate,
nearest
441.
the
to
assistance
; and
two
any
mestizoes
and
delivered
be
as
lashes.
20
and
who
Magistrates,
mulattoesor
negroes,
Charleston, they
House,
punishment
mulattoes
7 S!at.
Work
exceeding
not
if within
and
mestizoes,
doors, gates,
prevent
authorized
tlie officers mentioned
necessary
on
same
to
as
so
; and
patrol,are
the
open
Ibrce
impose corporal punishment
or
of
And
bolted,
or
the
shives, free
the
deem
tliey may
as
hrealt
assembled.
there
authorized
are
Officers
to
disperse
to
from
and
to
and
Carolina.
barred
meeting
egress
Sheriffs. ]\IJlitia OtFicers
South
of
value
than
negro
cloth,
Nkgho
26
the
liavc
arms
Sec.
7Stat.4C2.
bcoa
The
54.
6tii section
slaves
the
the
provisions'of
55.
its
7 Stat.
of 1803,
be
to
in the
Sec.
that
and
or
to
$6
use
on
only
also
of 15
in the
the
reside,
he
good
Under
CO.
to
an
tlie Act.
permit
of
1740,
suffer
or
beat
to
is
his
shall
of strange
or
blow
drums,
sufier
negroes
equal
money,
inibrmation
suit be
or
character,
Irom
of color, bond
per.son
Islands,
that
South
or
America,
who
liave
been
no
male
slave
above
State
this
into
such
where
previous
and
has
the
of
not
to
two
the
slave
the
date
of
any
shall
where
hands
the
District
from
negro
District
under
months
slaves
be
prohibitsthe importation
1S03.
other
or
persons
importing
of the
his
it is
will
or
and
resident
Islands.
India
of the
tlie
Indeed
ma."ters
most
keep
can
of
India
C(;rtificate
that
unnecessary,
and
magistrates,
imported
so
of the
file
import-
so
person
age
sister
our
produce
concerned
been
the
and
ded
resi-
certificate,
in any
rection,
insur-
ndtellion.
of the
in violation
informer:
The
instruments?
provides
person
last twelve
is of
7
all
oi" detinue.
tiie better.
wiiicii
Who
loud
brought
Clerk
hook,
under
one
West
VV^est
of tlie Couit
or
Sec.
a
1503,
proceeding
current
utterly
so
mestizo,
section
3d
the
and
458.
action
fcaslings
Statute
parts, of all of those
.shall be
for the
that
mulatto,
o.Tice of the
seal
one
of tJie Act
section
French
Stat.
of
forfeit "10
not.
or
other
Bahama,
The
of
whosoever
or
or
Act
of 1816.
it tlie
time
any
Slate.
of
iherefore, I presume
By
orproot, provided
it is
will
using
unles.^: the
in"- m;iy
at
.-.ccordingto
month.
hut
2d
7
section
inslruir.enis.
loud
1818.
shall
violated,
inlothi.s
the
Act
nature
public nieeiing
they
or
other
years
States,
slaves,
one
negro,
59.
Sec.
overseer,
or
upon-
The
of the
in any
or
slave
of
of
who
master,
be
4ili section
The
it.
36lh
the
the
hence,
under
conviction,
the
from
of
part
and
in the
provision is
expunged from the
58.
free,from
be
of
Act
law
coming
to
section
5th
unrepealed,
State,
unnecessary,
of any
tlie
ful
unlaw-
it to he
if ihis
ves
relates
the
plantation,shall
horns
Sec
450.
thaf
declare
1819)
forlVitnre
and
of sin
ca?e
their
liable,whether
blowing
of
dcrhuTs
uncertain.
This
it is
sooner
Ijc safipfied
(if 1h"
Act
; and
seizure
the
to
or
of the
within
57.
time
own
to
must
any
commenced
not
1S22
Act
provision
be
otlier
any
88-100
Sec.
of
forfeit
other
countenance
slaves,
of the
somewhat
latter
any
or
or
to
name
negro
horns,
the
repealed by
The
50.
declares
their
lo
in the
453,
to
seems
proceeding
the
seal,
liar.d and
their
this
provisionswere
Act
Carolina.
according
liable
Act
Whether
450, is indeed
Stat,
172.
are
ofl816.
Act
7 Stat.
slaves
declared
the
Sec.
his
seized
to male
hire
to
under
South
of
forfeited.
be
lo
same
P.L.
ccrlificatc
by
may,
Law
he
to
the
5lh
provi"ions
forfeited, one
he
recovered
of the
half
in the
be
if slaves
section,
to
name
2i;d and
ihe
of
State,
the
brought
3d
into
senioiis.
the
they
ntiier
Slate, by
this State
lialf
action
clared
de-
are
to
the
in the
L.wv
Niicno
that
dcleiKhirii.
the
suit, and
pouring
the
than
America,
under
the
action
of
north
the
to
provisiondoes
Sec.
63.
board
on
in
any
of
Cily
or
forfeiture
declared
it
the
rep";aled.
to
this
mulatto,
or
Washington,
ia
recovered
an
uMth
port
any
^j^^^j^'^y
place
or
in the
place
or
port
a
or
in
place
or
of the
north
State
State, in
of this
out
port
nothing
to
law
to
Act
may
West
Europe,
and
Potomac
river
slave
uncoi).?titutional.
a
is to
part
of the
owner
The
in
homes,
Act.
which
mes)izo.)
Could
if
fetir,
should
free
the
general,
of the
of
none
the
nothing
to
law
whoh;
Indeed
would
us
be
be
Act
bear.
in
been
Mexico
of '35 be
are
few.
better
very
too,
his
lore of
a
many
the
case
It
cases,
fi.MVcas'"5.
to
occur
(negro,
and
war.
to
?
our
return
may
master
l"e
them
servant,
repealed.
publicopinion,in
of
hail
he
enamour
during
in such
enforced
ful.
doubt-
which
general,
Every
forfeited, and
there
to
labors
all the
Forfeitures,
slaves.
ha?
who
find
after
free States, they, in
better
stand, which
b.e enlorced.
States
forfeiture
provisionhad
whole
^^^j^^g
Simmcms.et
indictment
the
on
slave,
a
and
State
nut, is somewliat
back
bringing
in the
the
How
judgment
con-^^^
Magistrate
a
of Errors,
Court
be^ carried
for
of
Court
l)y a
for the
'35, providing
of
be
be
there:
fine of $1000.
suffer
State,
into this State, if he
back
llie whole
returned, is liable
has
no
carried
by
visiting
Slaves
Southern
a
section
negro-loving brethren
for
Stat,
or
Engineer, Pilot,or Mariner,
Cuba,
prohibitedplaces.
freedom
negro
who
-
g,^
slaves.
other
of the
of
might
of the
conviction
to
6th
the
in
carried
ah,
et
I suppose
under
'
g,.^
of^?^-
out
sister
of
be
to
trading
some
any
declared
was
Simmons,
their
slave
brought
of
Island
State
curried
any
city
or
runaway
vessel
visited
this
into
being
from
slave,
Fireman.
be
7t!i section
and
Freeholders,
of
to
other
may
the
The
64.
demnation
and
this
Washingt-on.
of
Sec.
vs.
revising
in
re-enact
to
^
slave.
of the
Cook.
America
Son'th
Mexico,
slaves
Indies, or Mexico,
or
River,
'47, any
or
have
than
other
Indies
of
Cuba,
in his absence
not
not
steamer,
Island
the
criminal
bring
West
the
each
extend
Steward,
of
capacity
for
$1000,
Act
the
By
Potomac
lorfeiture
and
debt,
This
the
Aoi/',
to
Europe,
from
or
of the
of
penalty
plac^'in
portvjr
any
of South
situated
Code
State, after
tins
b,u-k into
bring
to
iVom
slave
any^iart
inflicted
Legislature,
i'or the
our
been
ever
iier of the
upon
it unlawful
makes
of '31
Art
The
62.
any
lias
'
or
"oritrinally.
It,
great injustice. Still
curse
well
be
might
It
provision.
Sec.
greater
hope (hey will speedily do)
I
(which
No
o:u).
States.
sister
ol'our
wise
a
Carolina,
South
on
is
provision
liic
tliat
viobted.
often
so
present, without
at
prove
ol' the
corainencenient
been
has
Act
ofliiis
to
necessary
witness.
competent
a
enforced
iiardiyhe
it coa'.d
is
sectioii
3d
Tiio
tlic
at
po.sses.sion.
in
was
iiilormer
the
61.
Sec.
in wliifli it is not
olMctiimo.
ofPcnacfioii
rtatiire
27
Carolina.
South
oy
ought
a
pay
have
We
to
be.
would
not
where
the
^
al.
Negro
28
of
Act
'35 could
friends,
love,
and
whom
I
favor.
public
slave-holders
would
Caroli:"a.
South
of
with
meet
to
talking
am
Law
have
of
citizens
"
State,
a
ftur.
'"witiiout
be,
to
speak unreservedly, for I
I
I
whom
and
without
reproach."
CHAPTER
Ci'imcs
Free
of
Punishment
and
have
than
a
slave
employer,
mistress, owner,
the
mistress,
master,
Sec.
A
2.
white
any
free
/ suppose
if
mulatto,
free
life
a
without
one
it is
guiltyot
some
free
or
higher
a
tircumstanres.
same
Whenever
digest.
of the
regarded
of
crime
slave
the
and
a
master,
the
as
overseer;
or
the
otiences
m-vv
coercion
and
command,
in the
3.
The
of
is
mestizo,
slay his
section
guilty of homicide
shall
be
it be
bijmisadventure,
whose
care
or
or
and
convix;tion,suiTer death.
murder,
to
and
assailant,
it
might
slaying
manslaughter,
people,
of the
of any
in defence
government
or
at
sort
such
his
and
save
be
the
A
same
excused,
free
status.
defen-
se
law.
1740
upon
of
hinjself
of
common
of
Act
negro,
be excusable.
one
or
free
a
life orl'imb of the
defenil
to
guilty of
be
control
endangering
he.
if he
therefc-e.
cannot
altogether excused,
or
govern
of
act
slave,
of white
case
generally, he
person,
lawfully strike
cannot
stricken, and
first
guilty of
murder,
17th
be
in the
or
mestizo,
or
authority
were
to
were
guilty
as
Sec.
under
if he
white
mulatto, mestizo,
be
dendo.
402.
tin's
in
employer,
is either
; he
mulatto,
limb,
or
would
JC7
of
mestizo,
or
negro,
negro,
J
ti.e
under
overseer,
mulatto
even
person,
manslaughter
Siat.
or
owner,
negro,
homicide
commit
p
be.
be
would
his status,
In
slave
the
in which
at
of
crime
a
slave.
or
in otiurs
allered.
crime
a
criminally answerable.
not
7
by
the
mestizo
cases,
fullynoticed,
be
to
crime
a
are
would
per.son
tried
commits
been
also
be
is also
person,
mulatto,
from
mestizo,
or
vs.
Bail,
Runaicays
to
as
would
whatever
white
a
has
There
white
in
negro,
punishment
Will be
These
free
a
created.
mulatto
crime
ad
the
been
negro,
State
in
degree,
instances
Crank,
is, that
law, or by Statute,
same
Law
the
including
Trial,
rule
general
1. The
common
The
of
Their
"
Patrol.
the
Sec.
Mode
Stares
and
Mestizoes,
Mulattoes,
Nesroes,
and
III.
declare?
white
any
master
slave
shall
or
a
slave
who
person,
except
other
person,
be, shall,
upon
Nhgro
This
4.
Sec.
it be
by
of the
or
slave
of
negro
the
State
unfortunate
7.
battery
Sec.
8.
defence
the
offence,
wiiite
a
be
section
of
1740,
which
his
exemption
than
maiiil of the
enough.
4th
that
that
in
the
of the
The
and
maiming,
but
of the
slave,
laic
intended.
the
ought
also
owner
or
defence
to
be
so
was
thought,
the
For
it
3d
not
person
be
or
Any
or
of
it
of
ought
of
tlie Act
in obedience
make
under
his
out
the
that
the
com-
ther
Ei-
property.
the careorgov-
property
slave
2nd
fit,not
punishment
acting
having
of his person
amended.
think
only requires
of his person
person
1st and
chapter,
to
more
bruising, should
other
the
in
and
other
or
section
for
slave, p.
command
may
to
24th
^i^,
05,3.
shall
rape,
any
for the
Court
the
a
^
assault
an
clergy.
master,
requires
in defence
of '43.
attempted,
lii'e. I
commit
the
hy
punishment
defenc(^
his
Act
master,
command
from
slave
in the
Act
declares
1740.
offence,
3d
of
of
slave,
this of
portion
an
true
review,
commit
to
the
as
for the
and
shall
the
of such
section,and
a
and
of
punishment
limb,
of
it be
property
government
such
striking,wounding,
the
and
exempts
master
ernnaent
person,
and
the
unless
the
of
benefit
Act
the
of
oj)inion
think,
was
endanger
intent
the
S: rob.
or
case
such
of the
passage
who
with
24th
their
my
outrage
mestizo)
woman,
tiie
a
capital felony.
or/refiyjerso/i o/"fo/o/'.
(mean-
slave
any
or
maim,
In
meant
I
is.
guilty
not
without
life or
remarked,
way
was
or
gate
miti-
to
wound,
under
the
to
12.^
^;^Ve^4^.'
kl/ho:
""'
trying J^^^^^-^j'^-J
'.J"
1740
power
indicated
or
to
body
no
death,
to
Under
death.
in
suffer
care
to
as
person
liable
extending
to
The
of the
having
to
on
shall strike any
who
on
of 1843
the
bruise,
This
the
of
7 siat.
1740.
inflicted.
passed
led
so,
mulatto
negro
conviction,
on
Act
the
'48
of
Courts
Acts
the
Court
limb.
which
slave
the
to
grievously
of the
or
vvho.=:e
tiiat the
By
Iree
any
and
yet
decided,
Sec.
inf
lady
bruised,
case,
seriously
life
in York,
the
Act
the
appear,
be
maim,
subject,before
case,
altered
precise adjudication.
wound,
endanger
(which having
under
to
words
portion
a
grievously
The
otTence
any
ico._
property
or
of such
altered) gives
of the
i.
unless
government
or
of 1751
directed
received
ul'
one
person,
tiie person
care
circumstances
law
white
1783, continuing
for any
not
suffer death.
Act
of
parts
slave,
favorable
might
meaning.
so
of the
Nicholas,
to
of the
is
:..""
oiiiltyol'it.
any
of
the
having
Act
meaning
vs.
injury as
and
by
never
that
In tliat
the
The
has
be,
is
any
6.
bruise,
the
section
punisliment by
Sec.
to
18lh
other
1751.' where
or
rliMp.
lionjii
if ay.
1740; it is proviikil.
bruise
defence
A
master
aioni'
of
Act
conviction, shall
instead
or
in the
person
on
1740,
continued,
any
of the
maim,
and
is
it;s;iiJ. 3il
is l;i\v.
oI'iIil'
master
29
wluit
Ihrrc
d
ccmtciuii
the
section
other
5. The
Act
guilty,
24th
command,
owner,
slave, 6uch
the
ami
but
grievoucilywound,
tlie
Sec.
is
the
By
slave, shall
di-gri'o,witli
tionic
commuiui
the
by
sUive
the
Carolin-a.
Still,I thiiik svliut is atiinm
committed
which
Soctu
of
i-oiiflict in
to
secmy
isl SfClioii.
Law
should
seeing
a
be
white
1,
leq.^
nhout
tnan
unJ'.T
ouglit
'
1,. \cr.
^
=""""''''
Tiie
9.
KJavo.
his
not
liurn
vialirious!^.
n)a!iciou!?ly
take,
steal,
or
intent
izith
or
suck
carry
"\'oii!ari.
servant,
or
olTences.
other
Court,
mentioned
in the
the
power
of
this
16fh
section
who
was;
5tli section
McC.
wiiN'te
felony
without
it
of
"the part
slave,
a
continued
was
slaves,
P.
L. 167. 7 Stat.
390, 424,
425.
slave
to
lo
run
raise
is
or
would
this
should
iiillict ether
hanged.
mitigate
be
disposed
of
shall
and
horse
delude
shall
shall
run
perty
pro-
the
State.
Act
of
'40, is
I
1740
of 1754.-
to
govern
is liable
away,
and
to'
and
select
intice
or
or
some,
any
any
pared
preboat,
manifested,
is
from
favora-
from
several
Court,
the
14th
raise
actually
have
sentence,
the
shall
on
whom
they
corporal punishment.
.^ slave
who
awav,
or
shall
iiarbor,
conceal
or
entertain
any
"
;hat
that
the
repeal
horses,
or
Unless
to
a
slave,
any
slave, who
guilty intention
the
the
1740,
any
same,
State,
it
consequence.
Act
or
the
ruiniing
hard
a
ammunitioii,
be
in
the
ameiidii-igthe
should
circumstances,
c;;j,(, II
of
suction
conviction,to
being concerned,
i.cO'bsfc
is rather
leave
and
not
of
Act
vs.
making
itrapital.on
of
out
supposed
the
anotiier
aiding
vessel, whereby
other
liable,on
able
respect,
irsurrection,
an
away
and
State
slave,
any
17S3,
in
this
noticing
without
provisions, arms,
canoe,
p.
questionable.
For
or
(one
therefore,
made
which
1740,
cinry
17th
the
By
attempt
of
slave
pj,^.jj^" of ^j^g ^j., ^f 1751,
or
Act
take,
away
hence
in
ment,
govern-
of the
carry
such
certainly
This
10.
people, and
Indian,
1754,
away
slave
every
haiiiicd.
Si:c.
very
law.
as
then
the
or
have
used
this
of
Act
tlr.it the
the
1751,
Digest,
with
case
carry
of '54. ii this
Act
Ittiie
be
decision
the
as
steal,
to
-
the
be
of
Indian,
freed
a
amity
free
ir/Y/j //i/r'??;to
of another.
tnink
to
thi.s
term
In
inveigle, steal,
to
of
all
and
may
the
either
freeman.
Act
of
in
not
another,
these
death
1740,
The
means
held
provision of
repeals that
of
sediun
Chap.)
Lst
Ovei'
the
Avilfnilyand
person,
any
Chapter
Indian
was
well
as
3d
a:i
of
clergy,
s^laves.
to
of the
of 1740.
or
it
Sadler,
-and
applied
ave)
.s
section
(fiee 3d
l_x..inJ
Act
of the
a
once
ISth
puni.shment.
the
mitigaiing
Act
the
the
under
of
shall
or
('eath.
of
feloniously
property
to
po!.son
suifer
under
which,
lor
pXiniyhnient. the
of
any
shall
"iave,
the
State,
the
shall
or
of
wiifidly
barrels
kiln,
commodities,
ot
State,
slave, being
strive out
any
shall
nr
tar
goods
of this
adniinister
or
maliciou.siypoi.-^on.
other
any
any
awr.y
destroy
grain,
oilier
or
corn,
any
and
u-ilfully
.shaJI
tiiis State,
of
that
provides
who
of rice.
or
manufnCrure
carry
to
burn
ro.-^in,er
pitch, tar. itirpenthieor
growth, produce
stack
lawf'i.l.
be
1740.
mestizo,
or
in dcl'ence.
blow
his
to
of
s^tcalinghlfi
of
act,
"
ought
Act
inaiiiifacturc
to,
tb.e
comnjand
and
the
Intlian.
fire
.set
in
or
a
good
Of
div^troy tiny
or
produce, growlii. or
the
and
is
midatto.
frc(" nt^gro.
for
sectlDli
16th
down,
wait
to
Cakolina.
Bwvu
cv
mastt-r
circnnistanccp,
sucU
Slc.
knock
to
propcM'v.
p
Law
Ni;guo
30
shall
be
charged
or
accused
with
any
slave
crinii-
Nkc;ko
nal
liial).
or
Si:r.
tin; Court,
a.s
Cree
A
12.
may
was
the
Ant. of
ISil.
n;)tT.ilp.sas
(vvliic-li
conviction
on
limh,
Court
the
as
(Voni
of
.sions, irrain, victual.s
who,
buy
a
sell
or
ticket
their
"and
or
of
is carried
half
informer,
the
to
Philip's, and
tlie
autliorized
or
from
this
to
are
the
If
14.
mistress,
or
fawn,
Sept.
and
last
day
the
by
the
to
one
of
St.
is
engaged
in
.,,^.
the
All
of
in contravention
trate
.Magis-
any
half
tiic other
poor,
of
day
of
of
back,
of
unless
the
of
fine
equal
the
given
the
Act.
for
on
ol"
day
day
1st
the
of
before
receive
the
a
or
f
';r
and
Magistrate,
said
the
on
within
the
one
buck
"2
killed.
P
1st of
seer,
shall
slave
Sept.,
such
kill
without
slave
is
a
the
doe,
between
consent
liable, on
the
and
conviction
1st
day
privily
befare
of
a
of
the
275.
of
I'ree persons
iwn
l.
each
Isl
lashes
jjayment
p.
shoot
March
of
20
white
master,
shall
Jui)- in
between
lor each
$6 44-100
to
her
or
confession
the
or
Magistrate,
by
imposed
money,
upon
be
security
(deer.)
conviction
witness,
the
last
the
between
and
slave,
a
and
hi^
wrilinL^)
in
ticket
buck,
any
sutncient
a
by
January,
of
consmand
the
(without
Oct..
such
April,
oath
proclamation
If the
^,
7 S(;i;.4"j9.
a.gain.
tosell
of
^^,
^^^
prohibitsi^^j,
section
judgment
of
use
by
may
in Charleston.
sold
or
the
a.nd
adjudged,
thing
any
account,
own
is
slave
lUst
buying
wares,
traliic
parish
the
the
on
The
purchased
(lieer.)or
slave, shall, by order
month
from
goods
Charleston,
forfeiture
stripes.
evidenced
1st of
the
any
bare
j^oor
the
forft'ited
half
shive.
overseer,
year,
by
be
to
one
anv
kill between
last
to
of
use
care
informer.
Sec.
or
liai)le
Charleston,
of
on
merchandij^c
and
wares
section,
thmg
any
of
ters,
por-
the
the
tbrfeited.
and
the
Ibr
smdi
winch
in
corporal punishment,
their
All
may
as
have
may
market.)
whom
twenty
i'J-^i^^i^.._
firovi-
ware.-:
thing
a.ny
Magistrate
any
by
Magistrate
f:lave
employed
win
seized
half
other
exceeding
selling
ffoods,
to
or
(c:;ce[)tslave."?
bo
may
person,
be
belonging toCharleston,
slave
any
or
in open
before
the
inflict
to
not
traffic,
such
are
on,
lile
lo
emj)!oyer.
or
purchase
may
liable
troods.
owner
commodities,
or
recovered
for and
sued
stuli'
slaves
victuals
provisions, grain,
be
such
Uu.'ni^'uuVl.
loi.
liahlc
pro!ii!)its
any
1740.
their
other
or
owners,
government
slaves
or
"
think
ki;ul whatsoever.
or
garden
p-
fit.
ibr any
iVoni
writing
fishermen
masters,
sort
any
(ish and
iVuit,
carters,
of
in
i-ci.
jl'.
|'"^^^''-^i'
tering,
selling,dealing, tralficking,bar-
buying
n.-^ingconinierce
or
exlemling
not
Uy
f^\\r
or
slave,
away
run
of
Act.
the
if lie
iaiplicl rc|)cal)
an
ili.scretion
siM-.tionof
exchiuiizing
""'I'
s(^r;ion
^-'lavc. is
harliorin.Lra
I'nyilivt;or
any
in their
may
rosidinix in Charleston
with
a
coi-jioraipunisiiment.
TheSOth
S.-^c. 13.
to
entertain
such
to
in 29ili
wlio
i)eiialtylor
1740.
or
niesti/o
or
^^.^of
lia'ole
A.-t, of
conceal
to
ilircct.
the
harbor,
ndiiiir
not
i-xlt
rnri'ora![".u^i^rll^.u"llt.
niulatio,
negro,
31
Cauomna.
South
ok
sncli
.shrillsiiilVr
matter,
lifo
Law
.Marcli.
and
the
L
"*'^' "'
owner
Magistrate
or
and
over-
lour
407
y,iiind-ih
40S,
sic!
'"'"'"
Law
Negro
32
fi-ef'!iol.lers
(sworn
vS[:c. 1.5. A
P.
L.
497.
of
tlie properly
tlie
best
cause
slave
C.
stc.'Actoi
'S9.
wliile
be
lo
Miieislrale
any
'31,11.12. slave
before
i'rvc person
or
abolish
the
sub.stituted
TheSratp.
px
Sec.
re-
which
;
that
A
Court
tried by
I's'^'iSit'""
li''"''
''ii
'"''
M-riMn'o'^"'^
of
a
"'''
of
any
evidence
I
li 1
is
white
a
and
life
Uader
place
it is in
I incline
but
of
to
be
may
Court.
the
maybe
person,
and
freeholders,
not
by inspri-
punishment
discretion
to
shall
imposed.
to
a
capital,
Act
cumulative,
the
at
to
law
resorted
not
insolence
r
this
which
not
ofl'ender is liable.
the
Magistrate
ex'''
''If
'
of
by
when
punishment,
a
the
otfeiice.
any
the
wlu"ther
which
to
guilty
slave
hog,
or
before
Court,
provided
then
punishment
the
for other
18.
of
were
whether,
or
punishment
npiiuon.
gelding,
order
by
dence,
evi-
to
direction
laare,
the
by
proved
the
is convicted
ciuestiojiwill arise.
the other
be
the
by
try
the
B.
sheep, goat
lashes,
50
by imprisonment,
punishments
the
ox.
the
to
sworn
horse,
calf
authorizes
1834.
color
is cumulative
sonment
the
of
otfender
the
tliis Act.
of
of
Act
on
slave.
or
person
and
shall
otfence
the
or
presence
steer,
exceeding
t
conviction
atl'ection. to
back.
any
not
consent
or
give, according
brand
or
cow.
no
whom
The
17.
punish
lo
wliippcd
white
Sr.c.
sliall mark
privity
tiie bare
on
in the
not
bull.
mule.
verdict
lashes
39
who.
person,
a.-s.
li'ily
is liable
of
slave,
favor
kind,
iState, Plaintitf. and
the
true
a
tlie
kill in the
any
freehoUiers.
four
partiahty.
between
receive
to
Any
16.
so!no
colt
without
of
sucli shive,
.said shwe.
the
stock
witliout
owner,
Del'eiidant, and
is liable
Sec.
of
lashes
39
shall
who
or
cattle, or
and
IVlagi^slrate
one
depending
now
of
or
judgment,
their
hunting,
neat
or
of
over.-H'.er
of
Court
a
of
the
receive
.section)to
4tli
in fire
hors"
lii.smaster
or
ovvju-r
before
Actsof
detected
shive
iii;i!it-iinie.
an)' deer,
of
the
urcordiiig to
hiire hack.
the
Oil
Caholixa.
South
ok
punished
at
limb.
or
'
"Si'oiJ-
Skc.
19.
mulatto
negro
and
2(J
1st
sec.
n.
he
liquors, or
conci'riied
or
keep,
can
use
.
"
.
,
iiuiltyof
lashes,
is forfeited,
by
the
or
slave,
discretion
and
the
and
the
^'"'^- "'^-
^
is
saine
person
to
is reunrded
discretion
a
free
comn)it
Court
sold
under
warrant
the
sale
the
and
i
regarded
is
still
other
or
directed
a.s
vessel
be issued
to
the
free
be
paid
to
i
fifty
exceeding
not
apprehend
to
are
spirituous
"
."
execution
an
still,
a
negro
to
the
Poor.
o-niltyof
of the
pumslied
be
Court;
be
proceeds
civil action
as
to
the
^'''^'"^'or
shall
who
to
the
of
person
4tl,spc-
gested)
is
granting
of the
Commissioners
of
i
thereol.
conviction
on
and
the
Maaristrate
,
and
misdemeanor,
a
at
.
(lescrii)lion
or
of
free
no
spirituous liquors oi'
veiulinir
in
'"
employ
or
distillation
for the
account,
own
employed
slave,
'")or
I suppose.
'.
.
knid
any
r- 13.
his
on
13.
,
Artof3t
mestizo
or
vessel,
other
or
Actnfi'.Ti,
nf color.''''(meamng.
free person
No
""
a
and
a
of color,
trespass,
for which
tr) ing him.
not
would
whicli
no
other
and
misdemeanor
(meaniufr
is above
subject
penalty
is to
extending
as
be
to
is
a
prescribed,
at
the
limb.
A
punished
life
or
sngwhite
should
one
of
Sec.
'39, sec.
"=!?"
Act
jurors
Magistrate,
ofi754,
Sec.
sec.
22.
of
and
is the
trial;
offence
this
to
other
by
the
attorney
correct
and
to
annex
in the
the
if
whole,
they
directed, (ante
in it.
.
of,,."'33, sec.
Sec.
,
3.
The
and
In
and
be
must
slave, free
convicted,
,
a
to
furnish
should
be
ordered,
of the
afford
the
by
be
must
before
freeholders, who
opportunity
for
Governor
the
Court
Si:c.
30.
practice.
notice
for this
Under
of the
a
time
on
if from
appeal
to
the
be
nor
made,
i.'"
not
new
place
trial
of such
or
by
up
ns
to
cur
con-
Clerk's
the
ought
motion
is
i
capitally
for such
for
purpose,
well
being
Irom
as
before
laid
presiding.) the
Judge
trial
is
Magistrates,
nor
new
a
for
or
sit
to
are
must
to
very
be
should
be
any
again.
To
the
well
heard,
be
allowed
be
of
execution
any
to
applicationto
an
time,
ot
Judges
Chambers,
as
i-
i
t
the
at
or
that,
case,
provisions, tliere
for
inade
to
ot
before
reasonable
conviction
of
wriiing.
required
required
is
the
motion
and
Court,
open
Magistrate,
sat
be
one
any
and
the
these
to
is erroneous,
pardon, time,
a
between
Before
the
neither
which
on
prisoner,
in
mestizo,
or
Magistrate
conviction
the
satisfied
to
must
^
trial ; and
the
be
,
prisoner, (which
part of the
shewn
in
a
judgment
Tiic
those
an
keep
to
for the
returned
mulatto
made
of
filed.
there
presiding,
Magistrate
The
the
on
Judtre
State,
full report of the
a
affidavits
the
of this
of Law
trial.
new
be
applicationmay
an
2s?p"23."'^*'^'
the Courts
be
be
to
on
In every
services
it must
signed by
State
negro,
...
P, 41.
any
Charleston,
slave
tiie freeholders,
of
on
answer,
such
is bound
and
is
overseer,
owner,
of
of the
Parishes,
four
to
prisoner.
Magistrate
and
judicialdistrict,and
a
such
benefit
the
to
Districts
23.)
When
29.
defend
he
required
master,
governnnent
to
It is in all parts of the
ollfice of each
to
t7ia?'g-p,
(the accusation.)
agree.
sec.
for which
be
it
ly,
distinct-
writing, plainly
in
and
mestizo,
or
anu
guardian,
care
Magistrate
having
person
mulatto
negro,
ought
his
him.
country
the
signed by
and
i/ie
it to
free
must, in all cases,
notice
testimony given agamsl
of the
statement
Court
the
defend
lav/, to
at
a
practicableto
other
prisoner, and
prisoner
employed
attorney
with
ciiarged
of trial to the
place
or
you,
God.
you
if it be
days,
ichich
the
trial,the pri.soneris entitled
such
mestizo,
overseer,
state
to
the
help
the
before
proceed.
can
tlirough
having
right,
by
sworn
pending
So
and
slave, free
a
against
the
charge
person
trial,or
Act
trial
charged
six
slave"
be
now
or
time
owner,
Magistrate
by himself,or
either
or
of the
duty
the
within
of the
trial of
the
On
case
evidence.
of the
the
government
be
cannot
should
mulatto
tried
fairly given beforethe
28.
the
to
negro,
mestizo,
mulatto,
care
truly try
be
to
Both
organized,
day's notice
one
Charleston.
according
same
offence,is
Sec.
'39, p. 22,
and
Carolixa.
other.
when
slave,free
least
negro,
be
the
A
27.
gjyj^ ^^
the
well
to
adjudge
criminal
Actof'3'j,se~c.'
28, p.
Act
way
The
to
South
or
and
the
give
26.
-
and
State
for the
jurisprudence
Act
Lav/
Negro
34
tence,
sen-
settled
ble
reasona-
given
to the
Nkguo
Magistrate
directed
Law
or
prp.siding.When
a
oi'the
tlie Clerk
should
hol.iers, who
of the
to
seemed
This
always
and
Magistrate
give
to
notice
free-
all
to
issue
to
in
to secure,
law,
the
I have
if necessary,
place of trial,and
and
witnesses.
with
devise, co:isistent!y
could
and
novo,
3$
ordered,
the
summon
de
case
Carolina.
trial is
new
Court
try the
time
for the
South
mons
sum-
best
the
cerned,
con-
I
way
impartial administration
an
of it.
Sec.
Tiic
31.
sufficient
provided for.
be
in
Courts
For
disproporlioned
would
limit
and
white,
con."iderable
and
at
and
whipping
of the
Sec.
The
32.
which
The
of the
Charl.^ston
to
or
be
the
to
pannel.
the
state
the
and
the
does.
try
and
law
jury
of
on
should
Appeals,
conviction
and
no
out
as
the
be
officer.
required
to
the
ficts.
simply
say
pronounce
should
sentence
have
a
as
Judge
To
should
be
jury
be
ton,
as
balance
be
the
of the
charge
the
on
to
thus
should
he
required
Law
a
required to
and
him.
of the
ers
freehold-
of 12 should
far
as
answer;
defend
should
on
he
should
warrant,
prosecuting
should
a
the
he
24
the
to
nal
tribu-
and
summon
him
"
the
his Court
House;
of them
shewn,
cause
issuing
hold
to
to
in
mulattoes,
negroes,
Court
prisoner, allowing
judicialMagistrate
and
presiding,should
prisoner
Courts)
his
on
prevails
Constable, (whom
a
enter
appointed by
free
and
innocent.
e.stablisha
be
the
attorney'sservices, to
an
Tlie
the
act
prisoner
benefit of
The
and
ofTence,
which
to
system
passions
of the
compelled
at
the
(a
negroes,
worst
recent
a
against
District,and
the
Magistrate
offence
on
attend
to
challenue.
The
evidence.
jury
templation
con-
ment
punish-
worse
the
I would
best.
be
direct
of the
to
from
that
month,
every
to
appoint
presented,the
have
portions,
in the
free
and
is
is,that
than
cases
should
in
power
empannelled
peremptory
to, I
black
imprisonment
be
condemnation
of the
none
He
slaveholders
slaves
of
jn.licialMagistrate,
Wednesday
authorized
in
suspended,
vicinage)
the
to
try;i!lcriminal
slaves.
have
mingling
consequence
lead
il
one
to
should
of the
is bL-tter
1 think
Legislature,
or
trial
the
The
often
of
consist
first
means
resorted
be
itself would
neighborhood, arising
mesiizoos
the
for
scheme
Still
country.
utterly
all the
inflicted
be
rod
the
delay
the
freeholders
trial, and
the
time.
of
affectingboth
cases
it to
Thus
holding
until
party,
could be devised.
prejudices
into
and
tribunal
and
Magistrate
intervals
of
direct
mitted
com-
sentence
enormous"
is to
to
infliction.
the
than
and
all
in
the
prevented by
whipping
by law,
one.
of power
abuses
most
are
be
afford
to
pardon, ought
inflicted by
negroes,
where
together,
and
errors
should
and
cases
forty,save
to
application for
the
free
and
otfences.
capital,and
not
casns
whippings
punishment
the
in
an
are
The
In all
power.
our
for
many
slaves
trying
nppeal,
cases,
behalf.
this
to
in
of
right
in such
time
law
charge
Courts
now
The
trate
Magisguilty or not guilty.
The
judgment of the law.
Court
the
the right of appeal '.o
the
should
be
passed
until
the
case
was
3fi
Nlgro
there
heard,
and
Magistrate,
shouki
of
Act
Seo.
'29,p. 28,
^'
^"'
be
the
compensated
Under
33.
in
convicted,
L.
also
16S.
the
the
and
Acts
of
trials,
of
to
compel
the
section
of the Act
'29,p.28, 21st
paid,
the
the
if the
of that
prosecution
cious,
mali-
be
to
order
of the
provision
slaves,
Magia-
in the
'
trates'
Constables'
and
for St.
Acts
if
and
same,
fact, may
This
to
as
and
who
Michael's,
appears
costs.)
of 1740, is re-enacted,
State.
is liable lor all
pay
1740,
satisfied
2.
stc.
to
warrant,
the
mulattocs.
St.
mestizo,
or
the
pay
of
the
by
negroes,
liable
Act
and
to
prosecutor
State
free
declared
case,
the
Philips, and
mulatto,
the
cases,
stands,
(except
issuing
in ail
judicial
The
judgment.
Magistrate
now
of
negro,
trying
for
be
St.
are
pay.
section
21st
Court
it
as
negro
slave, I'ree
a
the
Parishes
able
and
under
against
the
law.
Carolina.
remanded
and
by fees, to
the
attending
costs
South
of
prisoner
Constable,
his
mestizoes,
P.
the
Law
"^
St. Michael's,
Philip'sand
pas.-ed
in 1S29.
Exparte
2d
Bail.
Sec.
Brown,
A
34.
slave
be
cannot
twice
tried,
and
for the
punished,
."anie
l
,
323.
.
^
onence.
Sec.
5t^hsec.Act
slave
P.
refuse
L.
1G5.
35.
If
to
to, and
lavviul
for
moderately
strike
white
36.
apprehend
36, Act
of
P^L 172
nights
^^^
Sundays,
or
other
r,.-)!hsFc.
p'"L"|,yV'istscc
oi '8.S.
:.3"i
sec.
Act
of
slave
be
;3:!i
ESC.
oidi-
belongs)
to
then
unknown,
taking
such
up
containing
and
the
requiring
runaway
of the
slave
Master,
and
7iow
or
(for tlie gaoler
section,
informed
slave
such
city of
every
Mayor,
of the
confinement
be sent
same
escape
merely
the
all
the
by
Gaol
to
such
or
slave,
the
a
of
duty
of
of
other
parts
of the
District.
keeper.) is
the
owner
the
person
to
same
the
Work
a
trate
Magis-
from
of the
Aldermen
of such
such
the
of
master
negligence, the
runaway,
whom
if the
days,
certificate
the
slave,
a
up
but
five
securely keep
Sheriff's
person
runaway
owner,
apprehension
Sheriff,
or
one
or
swords
disarm
any
it is tile
upon
or
; in
to
said
Charleston,
slave
such
white
to
difficulty,
within
send
Saturday
on
wooden
taking
person
the
to
to
up
without
District,
slave
in the
the
or
business,
some
to
to
power
whip.
take
to
of
duty
to
and
master's
lawful
with
and
weapons,
in Cliarleston
Gaoler
is
ticket,if armed
a
be
especially
having
not
or
the
her
or
b(-ing on
not
and
assault
have
of his
more
is authorized
can
send
is to
ii the
out
master,
particulars
his
persons,
found
in this
District; or
the
other
but
son,
per-
lawfullykilled.
or
holidays,
the
be
may
shall
slave
slave
dangerous
runaway
ofcrharieLioiiT'^
House
the Work
Laws,
JJ^^,^^ jg iQ admit
315.^'"^
of
the
person
knows,
he
(when
and
it is
slave
white
any
apprehend,
pursue,
if such
time,
other
with
even
Any
37.
any
any
mentioned
''^"^'^^ seems,
Aci
or
mischievous
Sec.
of the
and
all sucli
and
such
up
at
from
ticket
^''''''^ ^
in company,
person
sitive,and
of
examination
should
and
in company,
to
such
plantation,where
or
per."on
the
white
overseers,
take
plantation
owner's
such
Masters,
white
undergo
person,
and
tlie house
of
out
some
such
correct
such
Sec.
be
without
submit
it is
Sec.
slave
a
resides, or
city,
fugitive slave,
the
It is the
slave
Master
the
State
so
or
liable to the
duty
mitted,
com-
Sherili,
owner
Nkgro
for the
if he
known;
the
giving
owner
in the
name,
and
age.
State, the
runaway
owner's
the
of the
notice
slave,
and
the
the
Sherifi", and
or
10s.
by
the
The
owner,
before
one
within
twelve
of
sale;
arising
he
f"om
said
owner.
of
if not
property
or
notice
of
be
to
ton,
in Charlesthe
made
runaway
the
by
riff,
She-
City
and
time, place,
the
oath
on
Magistrate,
any
commitment,
the
of
be
to
claimed
made
of the. adverli.sement
sale is
fine
a
neglected
months,
Pleas,
Common
to
of such
Gaoler
The
runaway,
a
proof
the
of
reason
fund
year
by
the
and
a
other
of the
parts
said
be
State,
of the
Sheriff
the
the
expenses
The
is
claimed
and
Treasury,
of Charleston
Buildings
law
is to
^^^^'
of
balance
if not
"'^
(tlie
ury.
Treas-
the
general
District
he
City
State
the
of
'39.
In
advertise
the
53d
for
runaway
or
allowed
expenses
of
The
title to
is
default
subjects a
ble
The
to
the
A
the
pay
person
taking
up
and
or
bars
20.s.
Sheriff
or
$1 28-100
taking
such
rights
to
taking
house,
or
the
up
runaway,
a
so
Sheriff
the
a
up
4d.
or
is
;-100
paid
purchaser
on
the
gaol
the
entitled
for
two
years.
away,
run-
neglect
tlie Act
of
or
'39,
case.
and
day
30.
sioners
Commis-
of such
Any
of
Slal.
if
ab.^oluteiy.
within
owner.
11
charges
the
to
them
to
section
runaway,
District
for every
runaway,
53d
the
the
paymg
runaway,
to
the
action
an
the
of
the
be
belong
is to
required by
person
work
by
after
is to
slave
of the
owner
duties
Gaoler
33.
to
same
executed
good,
in
Sec.
the
be
sell ; and
balance
and
Buildings,
by
to
the
by law,
Public
claitned
not
then
and
month,
a
of .4ct of
see.
'39.
,,,,.,
of
Ord.
Chari.stoii,'3g-
money
the
but
owner,
of Public
it. under
draw
to
law.
by
into
paid
Commissioners
to
be
the
sale, and
deducted
for the
City Treasurer,
the
proceeds
allowed
and
it is to
of the
loth
I'^th and
,
lor
receipt
a
reasons
is to
over,
provided
entitled
are
the
pay
paid
day
of it. 1 presume,
District
to
so
as
runaway,
a
purchaser
sale,specifying tlie
,
.
,
the
to
is directed
retained
be
within
give
to
such
of the
Out
out
specific
advertisement
sec.
is
City Sheriff)
to
month's
him
give
is liable
for 12
in
"
such
the
as
from
State,
the
House,
kept
date
the
Charleston
In
CTivinir
one
="
he
'
of the
from
of the
parts
sold.
be
is to
Judges
months
in other
is to be
Work
Charleston,
in
be
of the
requirei!,if
particulardescription
.said to
tiie
tiiat
3 months,
is also
The
tise
adver-
parts
for
to
runaway.
committed
runaway
the
oilier
of the
slave
and
obtained,
the
owner.
City Att"y.)
In other
who
}.^^|',;j'',y
'''|;!^'^.s*^^
ol
care
i.s ;o
of ihe
week
a
Gaoler,
and
person
JNIaster
for such
14
$2
or
advertised.
be
the
to
de.scription,so
custody.
said
of
of the
the
can
the
House
advice
the
by
sustained
to
sent,
Work
once
or
age,
name
is in
may
him
of the
Sheriff
address
name,
by
be
to
advertised
the
confinement
contain
must
and
name
so
further
slave
be
public gazette, by
some
committed
other
the
is to
as
shive
(under
city paper,
be
damnges
Master
the
be informed
may
the
Hou^-e, is
unknown,
be
shivu
such
of
Work
of the
Master
such
or
Inronriation
87
Cahoi.ixa,
Soi'th
of
slave
vitliie of the
f^Lich escape.
the
Law
failingto
within
same
to
every
five
may
10.?.
mile
or
send
days,
be
$2
irom
the
is
''^"xcfof'ss
retained.
14-100
the
for
place
P-
^
i?th
441.
spc.
Ord.
ciiy Laws,
3i5.
38
Keguo
Vv'hcre
taken
rii;"i to
liic
liair
to
tiicse
allowances,
ii;id ihe
said
time
is to
of
fees
by
the
owner,
be
claini("d
Sec.
.irih
'
'"'"
"^
or
by
11
S:at.
Orel,
'30, Cay
Laws,
of'-'o'bes
pj
diet
let, "_,
2d, and
sec.
.
Act
of
,^,
lubor
militia
Each
40.
the
districts.
patrol
of
eighteen
persons
or
alien
who
or
years,
or
sixteen
who
have
and
sixty, as
of
day
not
Gaoler,
either.
The
for each
away
run-
in
providing
slave
runaway
therefore
is directfor
charge
no
per
It is the
41.
to
liable
of
to
do
do
and
each
out
roll of
a
the
the
each
of
to
or
is liable
to
for
the
to
a
of the
(it
next
commandant
fine
not
of
ages
of
said
of
the
exceeding
same
default,
sion,
patrol divi-
regular
appoint
patrol
ter
mus-
of persons
some
If tlie
each
$30.
beat
each
number
patrol.
prick off,at
the
of
each
any
and
do
year.
officer
roll,at each
muster,
to
in their
the
for each
preceding
such
the
slaves,
own
send
to
fine of S2
Ids discretion,
fails
a
liable
inhabitants
from
forty-
months?,
failingto discharge patrol
cominandiiig
the
not
between
man,
person
pay
tax
do
patrolduty, may
and
command
company,
divi.sion,
them
to
person
beat
do
each
and
jiatrolduly,
patrol tluty until
discreet
to
for six
do
to
of
age
venient
con-
above
liable
the
State
forty-five,who
wliite
the
off
commanding
patrol of
of
prick
his company,
to
duty,
make
general
duty
sec.
compatiy,
liable
above
the
into
inhabitants,
of
liable
is
his
on
within
substitute;
excuse,
c("nt.
male
persons
resided
(except
l
V
i
is divided
Neck.)
patrol district,are
able-bodied
a
commander,
.
white
each
the age
its
bv
free
by substitute,
or
legal
a
ten
^EC.
fl'^Sta'i
t^
House,
should
coveritiij,for
expenses
a
J
transient
or
Persons
enemies.
without
4 ih
note.
a
Work
House.
per
necessary
Charleston
of
not
above
are
in person
duty,
and
cents
House,
the
years,
places, respectively,an
and
20
company,
i
on
All
aliens
patrol duly, except
five
ter
Mas-
giving
and
custody
tread-mill, and
beat
comp-anies
or
comptmy
tiie age
3d
all
3d
'3y.
The
if he
Work
the
the
charge
Work
the
on
of
of the
drink, clothing
into
for
In the
bearer.
is made.
Sec.
,
also
of
just estimate
a
runaway,
of
Piaster
delivered
to
and
slave,
sold.
the
is entitled
said
such
certificate, the gaoler
the
Master
or
of the
.'"uiricient food,
and
1,^^ y-^-^i^q
((^
of
duty
blankets.
or
Gaoler,
be
and
go
instead
same,
to
time
the
wiih
on
sucli
to
25
at
runaway,
touching
certificate
a
journey
a
up
and
neighboring Magistrate,
shall
and
tiie
pay
tiie
the
a
captor,
payable
same
lo
to
presenting
on
to
owner
Slicriif
or
give
tlie sale
slave
confined,
20fhs?c.
of
provide
to
runaway
Gaoler
11.
paid
out
the
^"^"^^^-
every
is
be
the
It i.':
39.
ShcrilT,
or
and
I'or the
House
to
are
the
oath
shall
distance,
his note
Work
the
slave
car-
theworkliuu.se,
or
taking
person
be
runaway
computing
the
carry
Magistrate
give
travel,
the
on
gaol
necessarily travelled,
has
and
These
must
examine
may
he
entitle
he
district
tiie
tor
ay
Carolina.
residence, (if the
the
to
or
To
tiay.
ilie
distaru-e
such
mu."'
i!
jer
miles
South
of
owner's
owner.)
wiio
SOihand
the
to
dollar
a
Law
dent
pruofficer
muster,
the
fails in his
Law
Nkgko
It is the
42.
Sec.
them
out
least
at
of
outside
letter
their
in compMiny
of
in company
or
n"'ss,
Fire
age.
liahle
the
days,
legalityof
days,
ten
the
If
be
to
the
free
and
a
of
to
such
shall
trade.)
The
composing
negroes
of
44.
Sec.
of
their
The
Sec.
2nd
inflict
stripes,with
45.
the
before
he
demned.
con-
should
certificate
by
and
of
payment
required
arc
the
only
harboring,
be
occupied
a
ticket
required
is
for
and
rivers
by
owner
canals
of
or
witli their
this
boat
State,
to
or
keep
list of all
and
names,
be
may
each
ol
owners'
as
covered
re-
ers
freehold-
three
required, a
patrols, when
or
trate
.Magis-
a
detain, until
any
of t!ie
I
but
mesiizoi'S.
or
to
ofso,
hend
appre-
absent,
trafficking,as
authorized
duty
be
Art
white
(unless,as
inform
mulattoes
boat,
or
to
etiis^c
''' """
trath-k-
by
and
to
lo
into
enter
to
of
slaves;
or
articles
be
crew,
of
owner
condemned/''
after
"
scription
de-
a
persons.
patrol
chapter
slaves, and
20
public
tisfied
sa-
not
shall,
same
neicrocs.
vessel
Magistrates
the
the
not
It is the
the
be
appear
there, by whipping,
or
of
shall
appearing,
or
suspected
patrol
detention
the
and
mestizoes
have
produce
if such
to
boat,
house,
sucli
navigating
produce
lions
^"^"'^
oath
should
arms
^-declared
power,
free
to
n) M3,
regiment.
found
persons,
Magistrate.
any
vessel
the
years
patrolaci
within
the
summon
taken,
proceeds,
whether
slaves
make
weapons
be
the
mulattoes,
in such
found,
or
and
ten
must,
Magistrale
appear,
or
the
or
all slaves
by law,
therein
and
of
negroes,
white
found
be
arms
the
have
vessel
negroes,
such
ticket
fail to
said
paymaster
correct
apprehend,
may
gun,
busi-
the
by
seizure,
and
the
why
cause
days,
ten
doriliiigwith
persons,
also
than
or
son
per-
lawl'ul
on
found
the
GO.
il S.ai. 5t"
slave;
sucii
less
been
Magistrate,
the
disorderlyhouse,
or
arms
the
patrol
The
43.
Sec.
of
within
sold
paid
costs,
ing
of
not
shall
he
have
should
cause,
hand
tlie
under
any
some
be
if the
seizure,
the
shew
to
owner
insufficient
mav
white
possession,a
person
and
taking,
the
whom
from
within
shew
tirket
a
slave
Magistrate,
nearest
of
place
and
the
slave
the
or
ofi'ensivc weapons,
patrol making
the
the
before
go
of
of
leader
time
manner,
him
other
wiiiioul
in liis
such
white
some
and
has
unless
weapon,
with
arms,
forfeiture,the
ten
ticket,and
a
with
roi-reci
all slav('." liuiial
business
ol' the
hs-c.
-^ilyj^V.lj.'
call
t"
provisions,are
possessionof a slave, in violation of the above
forfeiture
and
to the use
and
condemnation
to seizure
by them,
ohtain
To
such
belong.
regiment to vvhicii the patrol may
in the
of
iiave
ollen."ive
other
or
j)i5;lol
give
to
slave
als(j, if the
and
his ahsencc.
of
account
an
anil
up.
cow.-kin.
or
patrol
iho
plantation,
employers
or
take
to
switch
a
rea.-onahleness
the
shew
to
20. willi
owner's
of
commaiKiaut
the
39
Caholi:"a.
fortnight, and
a
once
exceecling
not
stripe.'^,
of
duty
Soctu
of
a
Every
of
as
may,
owner
or
of
stated
digest, break
this
punishment
switch
is
on
slaves
in
up
there
the
44th
unlawful
ibund.
and
45th
sec-
assemblies
not
of
exceeding
cowskin.
a
settled
plantation,who
does
not
live
on
mh
and
I4rii
H'^s^'t'sa,
ooi
"^i-
4i^
Niocuo
oPJiri'ui.^'''
'-^'f
'-'^^^^-
11
fifteen
Stat.
n'on?hs
^'^
or
of
per
Caholina.
and
year,
required
ivlio
keep
to
jM^rforminn-jiatrolduty,
for each
niontJi
is
South
of
in every
slaves,
more
capahle
man.
Law
and
employs
the
upon
under
woikin,irslave
every
Bame
white
some
same,
of
penalty
a
the
upon
employed
cents
fifly
the
on
said
plantation.
=19'.''
Trsiup'
^^^^-
is;h
'^
"
.Sec.
of
Act
soc.
cl'
''"
'
of
TiieS'aie
Col?
of any
47.
In
and
towns
in the
authorities
The
43.
the
discharge
of the
Captain
of
2mv.
1^2.
Hog?
49.
\vhioh
Tkj.
Mrc.
Captain
Sec.
Keller,
vs.
he
mo.
7th
of
shive
to
any
other
equivalent
Sec.
50.
ho
1,1-
duty;
than
S2
and
go,
and
power
and
cannot
j
duty
devolved
upon
constitute
him-
.
form
from
the
of
duty
need
not
in the
given
be
the
slate
slave,
a
Act
of
plantation
will
form,
slave,
a
patrol whipping
a
The
of
A.
B.
place
with
1740,
to
such
a
Permit
""
until
,"" or
sufficient.
Commanders
Ciiptaiiis or
and
''
^'
"
59.'
Si:c.
of
bir miislcr
return,
such
u
the
Patrol,
^~-
fined
'^'^^
"
to
a
penalties
to
of Beat
Companies,
neglect
ol
duty,
to
command,
Court
is
of
a
duties.
the
$50.
net
appointment,
is
trial,and
the
at
of
than
more
required,
his
his
nor
for
he
other
any
officer
Martial
$5,
derly,
disor-
acts
or
or
less
patrol laws,
the
than
after
fine of not
Patrol
a
when
neglecting
or
commanding
a
Patrol
make
to
Failing
regua
make
to
fine of $20
be
incurred
violation
of
law,
the
by
of the
commandants
or
to
performance
is liable
his
the
less
Company,
of
of
of
not
of the
,
demeanor,
himself
Captain
to
him
return
be
Beat
of the
he
return,
is to
Captain
oath,
on
^''*
of
Act.
J). Gl.
of
the
give evidence,
,
and
is littble to
member
any
may
Each
51.
,
order
execution
proper
by
who
guilty,he
If
$20.
the
returned
Company,
good
,
misbehaving
man
than
to
"
i!i
of his commandant,
defeat
to
as
if found
of
orders
competent
Beat
Act
patrol
any
more
liable to be
person
1
rc."^pective command.-
nor
so
^^9
to
pass
"
disobeying the
17'hsec.
or
absent
It is the
titeir
keep
on
sfc.
to
'
'39.
Suit. 09.
loth
is to
this
nnciatlisee.
A'-t
a
ticket
she
duty,
Patrol.
trespassers.
are
pass,
Tile
or
^'^^'"'"''''''"
of
in
Comnany.
x
self the
tlicir
same.
Beat
a
villages, the
is vested
same,
i)\)(\others
'
of
tolls.
incorporated
municipal
Slc.
vs.
liable,in
not
regulating the patrol
the
11
P^'f'-"'''^^'-e
^^-
il'.e payment
Cl-
patrols, and
be
may
officers
commanding
imposed
patrol
Courts
by
for
men,
Mar-
tiah
loiii
s"c.
Art
Sec.
of
'he
half, and
Sec.
of the
54.
saved
of ':S.
sec.
patrol
treble
to
then
half
The
be
costs
of that
Act
sued,
and
patrol
in
repealing
]jf,-;v.which
it is
officers
and
districts,
now
is to
the
in
direct how
is
many
to
necessary
Captain
the
Charleston
on
repeal, differs
from
sin'ng.fail
party
which
to
to
recover,
is added
one
half.
of '39
duty
the
is full costs,
; wliicli
patrol, unfortunately excepts
of
Act
If the
53.
is liable
the
so
to
state.
company
divide
laws
all other
regulating
Act
Neck.
The
1st.
A
divided
it is
so
subject
ance
perform-
of
the
majority
is to be
it,and
the
Act
from
respects
the
on
'23,
so
general
of the
into
to
pany
com-
patrol
continue
Negro
42
liable
to
La'v,
and
Neck.
under
cutlass,
companies
it
before
of
For
leader
is
the
Neck,
duty
and
all
out
to
the
do
11
Slat.
'45,
Sec.
Is
I
think
of
Act
this
'23,
of
should
be
patroKs.
of
niolatioes,
required
$20,
to
are
law
hy
of
It
Ciiarleston
inlormatioii.
lail-
;
be
to
Neck.
Charleston
Cross
the
12th.
the
negroes,
fine
all
llili.
summon
on
ol'
the
oi'
patrol.
the
a
of
duty,
to
this
whose
herein
inspection
alrol
]
frve
to
Road.s.
Commissioners
the
duty
liable
Cross
to
of
company
record
a
companies
of
the
the
or
tax
Courts
warner
)
(slaves
discharge
keep
leaders
receipt
on
to
from
tlie
respectively
are
of
The
55.
a
same,
Secretary,
a
good
a
the
general
of
from
tlie
inform
negroes,
and
Commissioners
sake.
.2iJ
they
open
exempted
exempted
to
leaders
patrols,
this,
be
to
his
Military
and
commanding
of
The
the
appoint
is
Magistrates,
their
is
may
he
officers
is
he
duty
before
patrol
to
service,
for
on
appoint
papers,
wliicli
assemblies,
turn
of
the
mestizoes.
and
to
this
cent
of
Charleston
on
officer
may
lay
necessary
patrol
liim
per
Court
liabl'-
cartridges
commanding
and
duty,
each
10
Neck,
same,
this
for
of
unlawful
fng
the
ol"
and
patrol;
Act
all
interested.
The
prepare
mentioned,
The
and
to
and
$2,
Charleston
be
proceedings
of
witii
hall
6
the
Roitds,
Neck,
carry
least
at
10th.
on
shall
with
Cross
Ciiarleston
and
in
indictment,
of
of
penalty
preceding.
year
duty
order,
the
by
Commissioners
provide
to
Carolina.
recovered
inhabitant
in
South
of
be
1o
the
to
Each
pistol,
or
the
$50,
required
is
gun
of
paid
9th.
duty,
or
fine
a
Law
paid
For
formity
uni-
repealed.
Road.-^
Charleston
on
Neck,
sec.
314.
by
Act
the
of
be
therein
and
according
of
charge
guardians,
each
and
the
to
such
shall
of
pay
found
there
free
to
slaves,
the
up
unless
law,
negroes,
Commissioners
free
;
by
negroes,
Guard
a
House,
mestizoes,
guilty
punished
taken
patrol
slaves,
said
mulattoes,
or
mestizoes,
build
to
negroes,
charged
confined,
mulattoes,
for
free
Neck,
Charleston
authorized
were
all
that
provides
'45.
of
also
patrol,
the
shtill
owner
mulattoes.
or
or
of
mulattoes
free
slaves,
there
person
mestizoes,
Cross
Roads,
or
it
suives.
the
violating
and
the
and
and
mestizoes.
on
law,
shall
negroes,
be
ped
whiphaving
or
one
their
lar
dol-
LaVv
Negro
IV.
CHAPTER
rcdalion
to Slaves
Sec.
Tlio
1.
belonors
or
the
owiur
ver
the
hii"
taking
his
to
posse."sionof the
may
a
slave, ihe
abuse
on
the
employ
or
and
too.
conMHon
a
be
used
proper
from
the
of
ment
slave,
a
is killed,
skive
for
the
slave,
of the
or
the
the
master
himsftll'of
maintained
Sec.
by
A
2.
"""
The
account.
dered
.slave
any
white
bein^
in
mm
and
to
a
the
Any
action
employ-
which
wriglu vs. Gray,
Bay" 464.
^tl
the
liable
of
one
in
the
sing
posses-
case
of
11
die, his wages
liable
liable
will
deduction
no
in the
for
slave
a
I
be
a
be
can
of
possession
medical
be
made
medical
to
he
whom
"
1
rendered
services
be
in great
the
5th
of the
of
'39, provision
shall
lawful
beat
or
abuse
plantation,
ticket, that
of tiie
owner,
found
Ite shall
by
action
any
of debt,
is
to
besides
Ins
Barren,
''''-""
made, ifsih sec.
the
recovered
being
Ken-
vs.
J"hns;on
tu
without,
be
w.lU
"23.''''
be
may
peaceably
and
where
forfeit $50,
ren-
1.1-
Tar-
vs.
il
danger.
slave, quietly
any
or
I'arn-
"."ntll.jaUail.424.
"
either
services
if the slave
Act
r"
But
on
knowledge,
section
entire
an
I
apportioned.
one
1
i.
is
year
."
is to
generally,for
for
a
his
use
he
harboring
the
on
mcc?'
[jJi^aidri
resulted
property
For
Rail
he~^-
as
him,
against
himself.
an
L-
runaway,
is
his master's
witii
same,
by
By
3.
actions
such,
be
hire
1-
-is not
owner
master
without
Sec.
or
.1.11,-
The
hired.
slave
his slave, while
to
,.,",.
for the
I
,
sick,
to
the
vs.
g^'";
}^'j|!',','
i^O"
that
by
Cas-
vs.
Duncan
"
to
personal property,
called
slave
the
lor
owner.
death,
or
Helton
^"^
slave,
employing
For
same
bailee
a
shews
master,
so
person
owner.
the
he
a
was
place
the
370-2.
owner.
it the
be
tile slave
him
knowing
contract,
vel
rontract,
he could
the
commonly
maintain
may
the
the
and
slave,
it,as
shive.
"runaway
the
by
sustained
damages
of
consent
Injured,makes
possession of the
slave,
the
without
of
in
bailment.
the
to
liable.
be
not
if
of
one
injury,loss,
the
would
he
from
loss
or
he
too.
liable
be
e.xeei)tion,if
witli this
then
So
f^j^i'^fu^^y^
owner
maybe
knew
contract
slave
the
he
time
person
the
death,
the
employ
sustained.
for
wander
slave
him.
i^ii.
bring
may
a
Samr^^j-.j[:or
case
possession,or
if
tor the
be
reco-ii.
to
owner
his
too.
if such
a
traii.sporting
to.
bring
trover
The
would
bailee
in
from
So
which
sale,
for
may
dhf.'rentlyfrom
diligence, and
and
care
act
be
articles,
for other
would
might
c.i.se
injury
an
or
trover
or
or
farrier
is lialilf lo"
ther.
owner,
injured, the
or
possession to
another
iliird person,
shive
a
is kiUed
he
So
action
his
person.
brinsr assiimjvsitfor his labor,
of
compel
slave
and
the
employment
his
boright
of the
from
the
for
law.)
at
sion
posses-
very,
specificdeli-
detinue
in his conversion.
done
injury*"
forcible
been
remedy
forcible
Ibr any
to
be in the
.slave
If the
Equity,
have
"lainages sustained
in
appertains
aiul all which
slave
a
maintain
maj^
in;iy
is left to
tre.^p iss
any
hr
"ui. less
in
of property.
lull in
a
of
the
Peace
the
Negroes.
master
a
owner
ni.iy have
restored,
Free
i.sthat
his
of another,
or
and
riglitof
him.
to
to
Disturbance
the
Prevent
Law
the
AUo
Mailer.
of
Liahililies
And
Eeimdies"
Criminal
and
III.'hfP!" Civil
The
41
Carolina.
South
cr
liable
""^^-
vs.
'2a u.iil.
Act
of
liSiat.
id.
44
Kcono
CaUlwell
ef. al.
Lancford,
ads.
the
to
in
owner,
1
it has
ter's
him.
and
that
1823,
p.
4.
the
The
Neck,
64.
abuse
he
word
Sec.
S50.
or
the
be
to
3rd
of
employ
ICs.
of
the
the
Act,
of the
obsolete
from
enforcement
elapsed
from
therefore
still
to
Sec.
of
6.
his use,,
to
damage-s.
Act
of
Act
of '39.
of '23, malice,
no
ty,
cruel-
or
provides,
that
shall
of
or
small
ger.
mana-
ta-
in the
now,
debt.s" and
establis-h
to
pay
shall!
1st, directs
overseer
mages.)
da-
the
fact
cri^anager,
the
overseer
that
it
and
ninety
or
provision
years
was
that
had
its
them
obsoleSe.
still not
was
in its
anomalous
this
Appeals, admitting
unknown,
held
overseer
that
I ruled
Court
The
the
by
they
o?
oath.
on
Wallace.
vs.
he
unles
sufficient,
be
shall
Magistrate
of
errands,
on
manager
section
recovery
business,
or
them
day
Act,
Peace,
slaves
owner's
however
or
if any
that
account
own
of such
the
the
for the
hitherto
been
law,
or
ticket,.
in the
the
by sending
care
part of
its enactment,
a
be
and
that
In
overseer
the
further
non-user.
had
lawful
1747, provides,
his
upon
to
will exculpate himself
case
a
owner,
^2 14-100,) for every
of the negroes
Dillard
of
such
Justice
employment
of
beat,
owner's
her
of trespa."s for
Act
his care,
to
another
a
section
the
or
Avith
wantonly.
the
ton
Charles-
on
wantonly
his
of '39,except
Act
the
employ
to
3rd
manager
In
of
prescribed
ivformat 1071
the
the
action
under
committed
negro
The
L.
nia.?-
ing
party find-
under
shall
in
same,
by
be
must
whatever,
(equal
form
and
manner
v.
action
man
the
an
that
be
committed
before
recovered
white
in
with
shall
manner
any
if any
recovered
section
(This penalty,
Act
the
shewn.
manager
other
sum
be
c.
the
thi.s provision,
of" h'".
out
by
reijulation ofpatrol duty
owner
It may
negroes
in any
or
Rev
wtis
whipped
was
williout
abusing
or
The
5.
the
is identical
have
of the
any
1 McMiilI.
4S0.
found
peaceably being
be
to
to
is used.
overseer
L. '2U
so
slave
a
Under
damages.
maintain
anywhere
liable
being
would
of
cou'd
quietly and
forfeit
provision
Buch
Act
for
ticket,and
a
4, provides
'23, the boating
P.
wher^-
of '23. for the
found
or
shall
This
sec.
h^id
Act
slave,
any
besides
1747.
Carolin.
of trespnss
that
master
section
enclosure,
3tl
held,
but
South
of
recover.
Sec.
of
Acts
action
an
been
plantation,
Lavv-
It
is
evidence,
provisionabout
enforced.
If any
shall
slave
maimed'
beat, brui-'^ed,
he
or
disabled, in
of
lOo.
the
lawful
business
person
having charge
having
sufiicient
trying the
equal
the
from
District
case
to
55. M.
or
slave,
equal
charo-e
to
his
shall
about
his usual
such
or
his
master,
slave, by
he
If the
also
44
her
or
slave
person
their
forfeit and
work,
pay
cents, for every
service, and
the
the
the
person
the
owner,
to
day
charge of
Magistrate
maimed
be
he
the
may
cure
or
the
or
ney,
mo-
disabled
ing
beat-
persons
unable
of
such
of
poor
I5s. current
be
not
current
of
use
other
or
persons-,
the
cause
to
slaves
or
or
forfeit 40a\
20-100.
sterling,or $1
or
any
shall
they
or
overseer
owner,
authority, (of which
judge.)
Parish.
performing
the
of
cause
is to
of
service
or
ney,
mo-
to
dis-
slave-
NiSCRo
If the
goods
no
commit
to
him
resorted
Still, this
resorted
law
Sec.
Any
7.
the
authorizing
person
Notwithstanding
with
slave,
master's
his
Act
of
view
a
service,
If
owner
the
fine not
a
The
9. If
Sec.
a
in
owner
he
trade
^^
give
months.
12
ticket
a
departing
and
away
charge.)
i)unished by
exceeding
not
tlie
traliic, sutdi
or
be
to
might
be
person
taking
or
Act
of
he
1740,
Assembly
shall
to
a
from
under
administrators
or
I do
know
not
the
to
Sec.
appraise
it
^h*^
J|^='^^^^Y
472.
the
; and
its
not
same,
Treasurer
the
of
Court
The
the
to
of the
in the
sentence, the
if he
the
has
of
from
reward
receive
away,
killed,his
be
^^"-
in pursumg
public
the
'"iticiicivilly,
s-ein,'^
charged
or
is
trial.
thing else, in obedience
any
fit; and
he
run
also
the
disabled,
or
is
the
exceeding
not
and
of
offender
the
until
election
his
runaway
misdemea--*'^'^"'^'-^-P-^'^'
a
election
the
at
imprisonment
that
such
claim
any
seems
benefit
10.
shall
that
Still,however,
doing
any
ibr
convicted,
and
wounded
slave
any
think
damages,
to
put
maimed,
in
indicted
be
to
entertain
or
proceed by indictment,
be
receive
may
conceal
$1000. and
may
olfence,or
the
"(^
(without
capitallyconvicted
and
If indicted
cannot
criminal
of
pern)it
having
person
deal,
to
running
for
civil action
a
any
the
another,
convir.tion.
who
is liable
she
or
exceeding
time,
same
apprehending
to
or
or
harhor,
injured.
per.son
or
to
months.
12
at
er,
howev-
Actsof'35,r.S3.
on
in
be
Act,
the
caiinoi.
written
or
of
owner,
tried
he
person
he
prosecuted
or
liable
ticket
a
person
slave
a
might
white
a
fugitive slave,
nor,
a
They
be
remedy.
of trespass.
charge
ami
rarely
better
m
poor
so
1754.
Sf.c. 8.
or
aid
to
give
will
they
described
do.
imprisonment
Act,
this
ized
is author-
furnish
abundantly
to
may
produce
paid.
that
case
absent,
$1000, and
exceeding
not
be
to
shall
noticed, and
an
so
the
indicted,
be
to
shall
will of such
the
slave
such
is liable
is
action
an
under
or
be
same
little
clioose
also
v^ho
of
property
the
in the
they
and
person
oragainst
consent,
fine
owners,
use
tlie poor,
oirender
if the
equiil
money,
of
levied, the Magistrate
trespass
may.
if
remedy,
this
have
and
4"
current
the
they apply,
which
action of
"23
Ibr
; and
l)tMMi very
to
exists,
by
to
until
gaol
to
abuse
The
to.
penalty
maybe
same
have
provisions
relief Ibr the
slave,
the
Carolina.
exceed
not
Magistiafe
a
which
do
tlie
;iUo
as
before
on
These
a
they,
recovered
be
South
or
in thewliolc
(liimagos
$12 27-100.
to
L.V.V
p,!,
with
heirs,
^
^
""'^"
the
to
the
as
of
Act
^ec.
^''"^^-
neral
Ge-
tors
execu-
same.
been
ever
three,and
a
under
made
claimant
this
would
law.
tled
be enti-
provisions.
trying
capitallyconvicting
and
exceeding $200,
Division
event
of
Treasurer
within
the
slave
and
certifysuch
which
the
to
pay
the
slave, is
to
appraisement
slave
being executed,
is directed
a
may
be
^^^usiai.
264.
demned
con-
in pursuance
appraisement
to
owner.
Seu.
mestizo,
11.
or
If
a
white
slave, or
person
shall
bet
with
game
upon
any
game
a
free
negro,
played,
mulatto
wherein
one
or
ol
sic.
7 su:.
4ey.
Nkcko
46
Sate
The
paftlcs is
/
Ihc
vs.
Niiles, ad Hill,
.
21)0.
pl.iyed,as
by
Act^
'41,
11
Act
r-f
the
to
u^t
the
from
12.
other
slave
fHicli artirJe.
per."on
upon
co:iviclion,
imprisoned
the
permit.
Si;c.
the
enter
fradic.
master
store,
of
same
Sec.
Sd
of
Act.
ser
7 s.at,
'31.
403.
If
14.
order
of
the
slave,
of
nunit
to
shall,
he
of
except
and
the
it
one.
the
of
retailer
the
and
manoge-
exceeding
not
to
de-
written
and
half
one
half
other
with-
out
otherwise
fined
six months;
exceeding
used
with
or
care
be
prove
occupying
upon
the
conviction,
It is
1S17.
in any
or
be
to
and
come
person
having
person
upon
informer,
give,
slave,
kind,
out
vendor
distiller,
a
slave,
any
or
owner
"'' t'"^
'"'"''
U'^'^
being
or
Act
the
sell, exchange,
imprison.ed not
$100, and
^^
fi'^p '0
H,ut."2a4''
the
owner
under
person,
liquors
sj-.ii-ituous
p,,)y
express
indictment
white
a
the
convict
to
an
liquors, shall
spirituous
jjy^p
in
sucli
any
an
evidence
such
or
month.
1
or
for trade,
any
sell any
to
$1CC0. and
with
f"^'"dealing, trading and
'34.^7siii'r'.
trafficking,
article,and
409
without
article,
and
^'^'^
enter
an
come
^^^^
iif"ir
u'*'^'^
same,
is sufficient
other
any
j)roduce
house
or
or
of
to
other
or
owner,
than
slave,
a
purchase
or
or
or
less
or
traffic with
exceeding
nor
witli
shop,
go
himself
by
management
not
months,
a
im-
fine is to
hay.
or
or
his
and
trading
and
rice, peas,
blades,
trade
of
lined
12
the
buy
shall
deal, trade
care
he
fined
person,
corn.
any
deiil.
to
the
to
party
slave
a
wlio
tiie hand
than
more
If
13.
under
i.s liahlt:
of
business
other
thi.s State,
so
iinve
may
as
not
the
oi'
or
her.
indigo, cotton,
per. nit
a
from
other
trader
or
of
is
conviction
upon
be
to
half
one
chance
State.
fliall otherwise
or
Imviiig
not
to
partof
flour, tobacco,
wliatsoever.
the
for him
acting
in any
Court;
ol
person,
wili-
sli;ill be
or
game
any
wliite
lashes, and
39
the
shop-keeper,
per.^on
bacon,
article
section.
half
Any
slave,
any
grain,
ad
of
the
slave,
or
wiiere
such
receive
to
CaxIulin/.,
ineslizo
abetting,
di^-crction
inlornier.
other
any
mulatto,
am!
is liable
indiclincnt.
Sec.
i-cf:.
aiding
Solt;:
of
aforesaiil,insucbcase.
prisonL'd at
of
frpc negro,
...,.',
a
present,
ingiy
Law
of the
the
said
of the
use
State.
Sec.
effect resulting from
One
15.
intemU'd
liill,
Evans,'yd
antieipated hy
nor
^^^'
State
vs.
Rep.Yi:.'
allies
)
rule
of evidence
and
proof
Sec.
In
sale
the
permit,
for
of
Act
still remains
indiciment
tin
ought
the
certainlyneither
and
to
was
vendors
exchange
or
by
established
of the
16.
to
Act.
distillers,
all others
above
in reh.iiion
the
Legislature,
quoad
1SJ7.
who
ptM-sons
very
Thp
of
iheAct
tyof
the
re})ealthe penaland
retailers,
(the
the
heaviest
pen-
to
bear
of
spirituous liquors.
1817,
as
to
force.
in
tradinir
with
slave,
a
giving
or
.
Srlirodtr,
3d'
'
delivering spirilnoiislitpiorstoa
should
or
it"that
Sec.
"rhp
!*'aievs.
be
be
17.
rtf evidence
under
described,
the
not
In
when
established
Act
possible,by
possible,by
indictments
ol"
1817,
slave,
under
hv its 5th
where
it is neces.".;iry
his
own
and
tlnit the
his owner's
equivalent description
some
the
the
The
production
the
Act
section
trading
of 1834.
does
not
is not
apply,
in '-a
name,
of the
although
and
or
slave
slave.
the
so.
rule
too.
shop, store,
or
Nf.gho
of any
lionse
with
and
a
kind, uppd
article,and
an
presomption
It
.Si:c. 18.
Irom
yer. if the
it.
to
immediately
slave,
a
ar"tc/fi
whatsoever.
/
or
any
19.
If the
slave,
send
Skc.
of the
otlier
tradintr
it does
p'^.rson.
master,
or
slave
a
not
other
to
detect
and
If the
20.
of the slave,
owner,
the
overseer,
to
make
him
with
go
or
Mn'.
liavia'j charsre
vendor
the
and
assent
the
trading- niiixht he; regarded
SiU'.
to
saint\
be
trader
II"the
21.
sale
the
hy, and
in
or
would
his clerk
authorized
purchase,
and
the
hahit
the
trade,
to
so
he
he
ii
his clerk
slave, hy
of
For
may
"[''''f
""'.";^'^-.
Aiioiip.
N. and
and
J
the
But
for
Mcc.
tradinir
a
[irincipalcannot
"
II
he
criminally
his
knowledge
to
as
1
answerable
and
,"
1
."
"
actual,
consent
"
I
ot
act
tne
lor
done
rub:
same
with
trading
overseer
his
and
'
Sec.
the
Act
ni
'SI,
a
trading
with
under
convicted,
Before
23.
Act
the
slaves
emnloyt.'r's
^
indicted
t" Hie
holds.
may
"
be
"'
might
It follows,
retailing.
for
"17,
far
so
lirjuorsto
he
but
a
S:rub.
of 1817.
sold
wiio
persoa
without
him,
the
on
liquor
to
tiip
slave
a
Tinless
25.
he
in the
from
his
the
slave
and
will
or
the
law
business,
he
a
license,
a
in
so
person
slave
will
he
that
subject.
also
must
slave,
a
Sec.
may
spirituous liquors
to
20.
If
be accused
a
of
may
jj^
Sate
:iud
o
vs.
rk;i!b.
McC
2 N.
2Sa
iiiivau.'at
s
-^'si Pnus.
spirituous
although
swear,
master
of any
or
other
slave
a
person
capitalor
other
or
there
selling,is
to
the
be
the
liable,in
that
loo
'^ree
action
an
owner.
granted
he
vs.
'*'''"'''
hav-g25.'^''^^'
person
of
his
to
applicant,^,^
an
has
he
crime,
not
to
any
during
or
^'="-
P-
slave
before
engaged
bartered,
contrary
having
been
has
^.^^ij^i^ ^^.^
license, sell,give, o*^'^''^
spirituous liquors to
If
for Harrison
another
to
other
or
consequence
not, during
deliver
otherwise
on
die
of the
to
license, sold, given, delivered, exchanged,
delivered
also
tor that
now
person
deliviTiiig
or
employer,
owner,
retail, cannot
to
that
swear
barter
to
value
license
A
exchange,
contrary
that
spirituous liquor
permit
for the
a
of '31 is substituted
Act
and
ticket,
delivery.
liquor so .sold, the
case,
Sec.
the
forretailing without
sell
of him.
of the
use
and
one
a
ins charge
a
without
is concerned,
penalty
slave, and
If
24.
since
slave
selling, giving, exchanging
sale
one
Sec.
the
as
fcr
indicted
for
indicted
vs.
2
"'-'ii-""i'e''!
Souii-
be
vs.
^DutT.
Col*i-man!
Ti^es-aie
An
22.
The
Mailiim.dvri-
partner.
a
Sec.
27.
ilKlalColiimbia,
-1
vvitli May '35.
1
unless
The
implied.
or
I
1
I
cleric,
r.is
vs
(not
^ Si)eer3,
i^!*^*"^^'
then,
slaves
with
trading
Sifiip
(;,,iem:".
his slave.
hy
he convicted
his absence.
in
iin.v
l)yxhe's'^llfvi.
stand
guilty.
imistrr
charge
-
with
gi^lmj^N.
Tho
havimr
="
had
aiKl
''"''
trading, (V",',"^',^^'"
the
see
person
not
th.atof
as
vs.
-2 N.
2".
il^^'ihn^r,'|'';^'g*'p
,!^"^''
in
anoilier,
otlier
or
Sale
Auoiip.
law.
*'
Sec.
Tlu
,
giiiltv.
still is
he
Act
.slave, his
the
if"
^'nn
si'h.'r."
i},'',|"..'J^
pnrcha.-^e^,"",^^,"'Li
the
or
per.^oa
stand
law.
convict,
of
passajre
,
tjie
ol
or
goods
slave,
defendant,
the
excuse
overseer,
a
"
violation
a
with
with
tralfickinij
or
was
cle,
arti-
common
whaUoever.
helonfrin2"
,r
,
"
master,
at
cntor
an
tin' jury may
flie
alter
lo
soon
witlioiii
wiiicii.
article
of any
he
enter
whicii
on
47
slave
to
or
iVoni
ta't.
a
oCu-iiilt. and
decided
sale
o("anv
slave
a
it is
one.
arise
was
the
that
"
C.viiolina.
wilhoiit
out
come
may
South
ok
for iradinof
with
out
come
nl" JS17.
Law
his past
otherwise
law.
charge
of
a
shall conceal
slave
or
who
convey
20tti
sec.
p, l, iG3.
Act
of
"48
KtG!;o
away
sncli
such
master
Til"
iuy
Sfate
"
''
''i^^'otfence
"'""
a
far
slave, so
be
may
if the
58-100,
A
27.
in
crime
a
3c/.
3s.
the
com-
committed
of
having charge
persons
V.
for the
.
wiliullv.
or
in
of
acts
the
hi.s slave,
of
course
.
,
,
,
.
business
or
carried
"
,
,
by
slave
a
nesli-
done
,
public emplov-
any
the
As
of his master.
consent
lohere, a slave
roiit"i)Lid.^'
his craft as
SO
negligenthj managed
'^ni:^Tree I ^'f ^-''el,
down
assent,
actual
it. does
it
a
Sf,c.
repair
a
house,
and
building falls
with
eye
"
the
master's
to
run
master's
in
down,
doing
where
or
with
enraged
his
liable,according
is
Th.eniasfcr
28.
without
liable
is not
his
knowledge
business
jj-jj^jj-jy
p^iljlit;
^Q^
horse's
master
his
,
him,
in
shoeing hammer,
the
to
principles which
stated.
w'insis'v.s.
slave, done
McC.
the
his
with
horse, becomes
a
with
or
injurea vvharl,or
to
carpenler.
to
whole
the
shoeing
in
out
the
cases,
above
I have
2
that
unskilfully,
so
slave
a
undertakes
implied,
or
wilfullyknocks
all these
where
or
blacksmith,
slave
and
Trice,
tish.
of
car
a
authority
navigating
vs
178.
"
,
,
luni, under
by
on
s
Sraitli..J
"7
to
'
aient
v.s.
capilal;
'
vs.Gonion.Diid.
"Snee
current
be
crime
equal
currency,
tiie fact
other
is liable
master
gentlv, unskilful!
Parker
sua
AJrtv.
punishment,
"250
afJ.s.
^
Moore.
and
forfeit
to
capital felonies, supersedes
after
and
owners
as
trial
to
liable
is "50
in
of accessory,
be
"153
forfeiture
provision,
brought
sliall
or
CAnoi,i.\A.
concerned.
Sec.
Drayfon
Tliif-
70.
$30
or
vs.
ituo'.
bo
cannot
person
the
Sodth
of
16.9. 5d.
"35
to
capital. llui;
not
he
so
otlicr
or
equal
nioney.
if
.'^lav,^
Law
for the
in which
employment,
or
actual
consent,
or
ac1sofhi.g
unauthorized
he
and
implied,
or
hig
placed
nas
slave.
"Sec.
Any
29.
^''
ifs^^.^iy^!'
hehall,
from
under
or
Slate
any
foreign
to
slaves, free
negroes,
if not
bailed,
including
State,
is liable
be
fined
Sec.
and
M4?i^sttu'^Vj
accept
shall
or
or
slaves
act
any
overt
of this
State,
free
laws
for the
of this
State,
mulattoes.
negroes,
first
or
and
upon
one
year
or
with
with
made
or
or
not
;
and
to
or
of
persons
intent
to
be
mestizoes,
to
for
the
on
and
foreign
any
color,
disturb
be
$1000,
second
deemed
be
and
wiio
and
the
peace
or
to
be
der
hin-
slaves
guilty
sentenced
to
lic
pub-
or
in relation
made,
shall
time
any
disturb, counteract,
thereof, sliail
exceeding
and
at
from
be
Stale.
State,
any
to
Judges of
the
shall
any
or
liable
are
Court.
own
tion
in rela-
of the
who
Union,
an
authority
made,
Irom
from
free
intent
conviction
olfcnce, a fine
exceeding
this
be
of the
State,
authority
in
or
high misdemeanor,
a
banishment
discretion
this
or
to
security
misdemeanor,
not
any
relation
for
any
their
der,
disturb, hin-
to
mestizoes,
gaol by
to
to
the
State
commit
the
at
within
person
of
authority
power,
sentenced
commission
any
in
Recorder,
be
imprisoned
Any
30.
and
to
or
or
Union,
intent
the
made
mulattoes,
in this
State
laws
committed
the
to
of any
commission,
State, with
this
operation of
the
counteract
conviction
to
within
of any
virtue
public authority
come
and
in
or
his. her.
shall,on
who
persons,
or
arrested,
this
color,
or
power,
or
person
to
of
a
pay
imprisoned
otVoncCj he
shall
be
ERRATA.
In
escaped
unavoidable
the
correction.
an
reader
will
Page
"
of
hurry
verbal
Slight
inversion
or
easily
10.
"
revising
omission
proof-sheets,
the
inaccuracies,
of
a
letter,
and
the
correct.
line
"
3,
for
10,
for
"
"
rita,^''
read
sza-iYii,''
"
read
rite."
'-'semiM."
a
those
intelligence
(ew
errors
merely
of
volving
in-
the
LXDEX.
Page.
PtMialty for
ABDUCTION.
Different
ACTION.
OF
ACT
An
forms
of free
abduction
forcible
the
injuries,",c..
of. for
LEGISLATURE.
effected
Emancipation
presumed,
bcptovving freedom, never
Of slaves, resjulated,
Wiion
shall
be allowed
time
for,
Act
APPAREL.
APPEAL.
-
ASSAULT
Bx\TTERY.
AND
from
By
iVee
a
slave,
a
With
intent
-
a
rape,
Proceedings
ATTORNEY.
Issue
BASTARDS.
Of
BEaUEST.
Of
Of
BURNING.
-
CAPTAINS.
Of
CHARLESTON
NECK.
Guard
House,
LTnlawlul
on.
of slaves,
beating
CHALLENGE.
of color
Persons
slave
CLERK.
A
COLOR.
When
of, to
question
When
the
Of
COSTS.
most
of
trial
far
How
To
the
the
appraise
Of
CRIMES.
DAMAGES.
How
DEER.
DERELICT.
When
Of
EMANCIPATION.
To
deed
be
power
far color
How
freedom.
When
Of
of.
the
EVIDENCE.
-
slaves
Murder
The
of
a
stealing
slave,
is
9
-
-
31,
-
such.
46
10
-
-
10
-
11
-
-
being
12
-
5
slave,
a
9,
-
-
-
-
10
23
46
-
-
32
11
Indictment,
-
-
28
-
-
-
testify,
slaves,
"
-
of
is evidence
-
-
-
-
7
45
-
-
-
-
may
tradinff with
FELONY.
necessary
effected,
7
.
-
as
the
the
by
on
seized
in
36
-
-
-
given to the negro.
Legislature only,
be
to
made
Remarks
Of
slaves
How
be
may
22
-
_
Jury,
to
kill,
slaves
for
slaves
DESCRIPTION.
Copy
negroes,
by the
assessed
-
-
"c.
48
-
-
_
6
-
-
paid,
conviction,
on
free
unlawful
When
-
tried.
concludes.
slave
6
-
-
slaves, "c., by whom
of Avitnesses, how
slaves,
5
-
.
make,
cannot
verdict
23
-
-
Competency
COURT.
33
-
.
slaves
Slaves
CONTRACTS.
-
-
being
44
privilege of,
slave,
a
15
42
42
-
-
by a Jury,
usually arises,
indicted
for capital offences,unlawful
tried
Of
CONCEALMENT.
of
-
-
the
-
evidence
be
Q,uestion
be,
cannot
the
give bond,
40, 41,
.
.
allowed
of color.30
persons
to
-
_
32
-
relating to,
-
-
-
board,
on
11
-11
-
-
negroes
law
Patrol
23
-
by slaves, unlawful,
"c." by slaves
and
free
with
vessels,
34
are,
negroes,
-
-
24
-
-
-
-
of rice.
free
to
void,
when
cattle,"c..
stacks
on
married
of slaves
slaves,
slaves, void.
BRANDING.
slaves
to
23,24
-
trial.
their
29
-
-
-
-
-
Allowed
-28,29
-
unlawful,
slaves, "c., when
of,
cases
13
-
-
-
Of
in
-
-
-
34
45
insolence
-
.
_
punished,
commit
to
ASSEMBLIES.
To
"c.
negro,
how
slaves,
jusiifiablefor
Not
24,25
-
-
of convicted
l)e made
To
1
11
-
-
APPRAISEMENT.
only by, 1
-
-
-
43
Blaves.
to
be
to
13
negroes,
-
of
slaves, IS,
-
-
-
-
-
-
-
17
19
52
Index.
FIRE
ARMS.
Not
Slaves
nllowed
not
'
be
to
carried
to
carry
by
or
per.?on.s of color,
use.
'
Seizure
Mode
of. from
of
slaves.
proceeding.
Of slaves,
FREEDOM,
auestion
whom
Entry
-
-
FORFEITURE.
Oh
-
of. must
Evidences
be
.
tried,
of proof lies.'
made
of.
_
-
of. how
burden
the
_
in
Court,
_
_
.
_
FREE
PERSONS
OF
COLOR.
Entitled
of property.
Tlieir disabilities,
to
all the
ri
-----
-
Their
rights and
What
the
Not
to
Not
term,
State,
proceedings.
and
allowed
GAMING.
to
GAOLER.
Who
must
relation
slaves
Of
HIRING.
-
-
-
-
-
-
Penalty
Master
Penalty
and
mode
of
and
to
mode
When
no
Presumed
their
to
'DcQmQdichite
INSOLENCE.
be
of
-
-
-
of the
-
-
parties,
slaves,
unlawful,
proceeding,
to
be
slaves.
being slaves,
free,
within
Of
_
time,
own
-
slaves
of
declared
evidence
.
proceeding,
Of
INDIANS.
slaves
unlawfulin
of
-
_
-
mode
and
"c.
proceeding,
the
IMPORTATION.
Penalty
houses.
proceedings.
When
Trial
hire
year.
liabilities. "c..
duties,
-
-
slaves.
to
hire
to
slaves, by
HUNTING.
-
to
not
hire
and
one
-----
to
not
be
can
by slaves,unlawful.
slaves,
Slaves
Unlawful
Ol"
weapons.
who
one, and
towards
his ward,
Penalty for,
Color
-
-
have
runaway
The
-
duties,respecting runaways,
and
how
appointed,
HARBORING.
Of
-
When
His
Of
.
-
slaves, "c., unlawful,
His
-
-
-
carrj-
With
GUARDIAN.
-
_
the
enter
Penalty
_
privileges,
signifies,
^
-
the
free person
-
of the
meaning
of color, how
slaves, how
Constitution,
punished,
punished.
Attempt to raise, how punished.
JUDGMENT.
On
issue of freedom,
Of the Court
to be in writing.
To
he signed by tiie Magistrate and
freeholders.
To
be returned
to the Clerk's
Office,
JURY.
When
they ought to find the party to be white.
When
find him
to be a mulatto.
they should
When
dispensed with,
The
claim
a
Jufy.
party may
Persons
of color cannot
be Jurors,
LEVY.
Slaves
from,
exempt
LICENSE.
To
retail,when
granted,
of applicants ibr,
Oath
-
_
_
INSURRECTION.
'
'
-
-
-
-
_
-
-
-
.
-
-
-
-
-
-
47
-
-
-
47
5:"
iNorx.
Page.
Slaves
LIQUOR.
Unlawful
give
to
and
When
slave
duties
on
MAIMING.
or
white
a
Has
MASTER.
In
what
Bound
by
person
Slaves
MARRIAGE.
to
contract,
slave,
Of
MIGRATION.
-
DUTY.
MILITIA
slaves
When
guilty of,
is a mulatto,
are
Who
MULATTO.
of
issue
The
a
shall
What
the
constitute
Ofa
white
person
by
a
tree
Ofa
white
person
by
a
slave,
slave
by
Of
a
When
declared
to
ihe
term
whom
To
NOTICE.
Of
OATHS.
Not
Jurors
on
trade
divided
Plow
PATROL.
liable
Who
Substitutes
Penalty
of
Duties
By
liable
cannot
of
Form
Penalty
Treble
On
to
and
the
the
be
for the
costs,
Charleston
when
of the
of
to
34
-
38
-
-
38
-
a
pass
of the
-
38.
-
-
-
-
Captain,
.
-
-
-
-
-10
40
.
-
_
-
40
-
-
.
39, 40
-10
.
.
-
.
38
-
-
-
slave.
38
-
-
-
_
-
-
.
patrol,
"c.
allowed.
Neck.
-
-
tolls.
Captain.
default
47
-
-
Companies.
Beat
in towns.
the
44
-
38
patrol duty,
payment
ticket
13
34
-----
liabilities
regulated
whom
Who
of
Captains
do
34
-
-
-
-
-
5
-
-
organized,
sent.
failing to
duties
Powers,
Not
may
for
slave, "c.
color,
applicationfor,
tor
and
be
persons
",c.
-
the
of
employer's slaves,
patrolduty,
do
to
to
5
5
-
employer's slaves,
allowed
28
-
.
-
given
28
-
-
disabilities.
to
his
use
his
with
Time
PARDON.
to
28
-
-
be
trial of slaves.
Not
to
of trial to
19
-
-
_
administered
the
OVERSEER.
Not
be
to
-
-
is confined,
time
the
slave,
-
slaves,
be
19
-
-
-
17
-
-
of color.
person
status, rights and
Their
NEGROES.
Of
slave,
a
a
17
-
-
of
5
-
-
-
murder
32
-
negro.
19
-
-
-
felony,
is
16
-
slave,
a
15
-
subject to,
-
-
slave
Ofa
MURDER.
woman
15
-
-
-
a
8
-
-
-
and
is free,
mulatto
Such
white
S
-
-
of color,
5
-
-
persons
Unlawful
v.-hipping,"c., of
MISDEMEANOR.
48
-
-
-
Free
43
-
-
forbidden,
-
43
-
-
of color
persons
proceedings.
and
Penalty
26
-
-
-
-
20
-
-
-
20
-
-
-
disabilities.
18
-
-
so
18
-
-
-
Their
23
-
-
of his
right of protection
_
-29
-
-
"hire to slaves
to
3i
20
-
-
providing them,
their own
time,
His rights and
liabilities,
criminal
His civil and
remedies,
of his slave,
for
the
liable
acts
When
declared
When
to be slaves,
MESTIZOES.
Who
called,
are
so
Not
33
-
-
punished,
46
47
-
freeholders.
-
protect his slaves.
may
sufllcient food, "c.
his slaves
for not
Penalty
33
-
liquor,
he
give
33. 40
-
slaves,
and
".C.
slave.
a
cannot
the
way
to
how
slaves,
Of
giving
eli'ecl of the
trial of slaves,
the
-
-
of Magistrate
Court
MAGISTRATE.
His
for
32
-
-
slaves,
the
iVoni
dies
distil.
to
sell to
or
proceedings
Penalty
a
allowed
not
40
40
40,41,42
TxDr.x.
51
PETITION.
Prncoedir.gs by,
PENALTY".
the
For
For
not
making
For
the
iinJawtbl
forcible
tax
a
-
abduction
return,
-
-
of
free
-
For
migration of shives.
not
giving food, clothing,"c., to .slaves,
lioidingunlawful
assemblies,
hiring to slaves their own
time,
tlie unlawful
importation of slaves.
attenijUing to raise insurrections,
failingto do patrol duty.
the default
of the Captain of the patrol,
the unlawful
beating of slaves,
giving or selling liquor to a slave,
giving a ticket to another's
slave,
harboring runaways,
For
gainuig
For
For
For
For
-
For
For
For
with
tniding
For
unlawful
POISONING.
By
When
When
the
the
What
slaves,
how
46
-
45
-
30
-
G, 7
-
-
7
-
_
_
-
-
-
-48.49
-
_
7
.
_
7
_
-
-
_
of
7
-
color,
12
21
-
Court
the
slaves,"c.,
offences
slaves
free
and
-
the
to
-
2a
33
.
-
-
33
-
_
35
-
43,44
_
_
29
23
apprehend,
may
proceeding,
be kept by the Gaoler, "c.,
To
When
be sold,
they may
How
the proceeds of sale are
to
for apprehending,
Compensation
To
be lodged in the Gaol
Work
or
of persons
Duties
apprehending,
To
be furnished
with
food. "c^
36
36
of
be
to
put
Unlawful
labor
for
Persons
wounded
far
damages
Color, evidence
whom
37
37, 38
37. 38
House,
37, 38
38
House,
38
45
their
considered
apprehending
duties
Who
SLAVES.
applied,
45
in
How
Nominal
37
be
harboi'ing,
His
SLANDER.
Work
37
harbor.
to
Penalty
SHERIFF.
in the
respecting
them.
in
to
be
an
action
7
of,
8
such,
5
5
being,
offspringgoes,
chattels
personal,
as
36
in
of,
action
an
45
runaways.
concludes,
justification
declared
of
32
29
-
-
_
18
master,
-
-
-
-
color.
_
_
Who
of
persons
mitigate,
may
for capital offences,
not
RUNAWAYS.
Are
-
puni.shable.
-'
issue,
will
capital,
Of
slaves, "c.. by whipping.
Unlawlul
punishment of slaves,
RAPE.
How
punished in a slave,
Slaves
READING.
not
to be taught.
To
31, 45
_
-
Of
Mode
45
-
-
.
given
Rights of as regards free persons
belongs to their master,
slave's
The
right of, transferred
may
33, 46
-
.
in evidence.
PUNISHMENT.
To
-
-
.
be
PROTECTION.
For
writ
44
-
.
slavery.
p7^obandi lies.
is conclusive,
onus
decision
PROPERTY.
When
"c..
a
40
-
-
-
38
-
-
-
.
with
absolute.
made
whom
Of
slaves.
When
-
30
-
.
"c.
'-
interference
PROHIBITION.
On
slaves.
slaves.
-26.27
-
-
with
26
-
.
-
.
For
Of
-
-
24
-
-
-
For
20
-
-
15, 16
-
-
-
-
For
14
-
_
-
13
-
-
.
-
For
negroe.?,
-
.
9
-
5,
17
5. 17
53
l.No::x.
Taj,"-.
How
SLAVES.
Gift
11
void.
slaves
to
i L
emancipated,
^
Penalty
of.
abduction
forcible
for the
IIJ
rights;,liabilities and di.sabilitic.-.
Stealing of, is felony,
after his death,
Of tenant
lor life,
to finish the
crop
from
Are
levy,
exempt
17
civil
Their
Should
annexed
be
17
IS
freehold.
the
to
17
18
19
Killing of,
To
be
by
abandoned
be
to
food. "c.
slaves, how
to work,
of hours
Number
Not
of
"c.,
sufficient
with
provided
Maiming,
20
punished,
20
master,
21
21
their
acquire and hold property,
legal contract,
any
Apparel of,regulated,
allowed
to rent
Not
houses, "e.
than
to travel
Not
seven
together,
more
into the State,
Not
to be brought
they
When
2r3, 23
Attempt
to
Stealing
or
of
Guilty
25
26, 27
"c.
2S
28, 2'J
30
among.
or
Attornies,
they
The
hiring
may
of
punished,
of
32
cJiallenge,
33
defend,
lawfully killed,
36
34
to
be
the year,
of action
for
by
forms
43
injuries,
43
punishment
of,
to game
with,
unlawful
tickets.
to give them
When
When
convicted, to be appraised,
Interference
with, by emissaries,
SLAVERY.
for
interferingwith,
Penalty
Unlawful
43, 44, 45
45, 46
Unlawful
of
Mode
31
31
how
privilege
allowed
When
30,
traffic,
trespass,
a
Different
25
harboring,
the
Allowed
insurrection
raise
trade
to
for
crimes,
punishment of,
and
Trial
24, 25
27
of,
Forfeiture
answerable
When
Not
21
may
make
Cannot
45
45
48, 49
48, 49
proceeding,
48. 49
'
Slaves
SUNDAY.
not
to
Capitation tax
Penalty tor not making
TAXES.
on,
free negroes,
on
and
returns
Slaves
LIFE.
FOR
TENANT
work
to
21
"c..
14
paying.
14
finish
the
crop
after
his
death
17
Unlawful
TICKETS.
By
Proceedings
to
slaves
TRADING.
in
cases
in
another's
give
Cliarlcston, unlawful,
one
to
slave.
45
31
of,
31
With
slaves
unlawful,
46, 47
With
slaves
how
46, 47
the
By
To
In
a
When
pay
the
sum
appraised
to
the master
of
executed
slave,
Action
of, by
TRESPASS.
be
47
overseer,
TREASURER.
an
proved.
45
the
guardian
of
a
free,
white
negro
claiming
to
8. 9
man
a
the action
misdemeanor
ol' may
be
in
a
32
slave,
brought,
43,
44
Index.
56
Page.
Of
TRIAL.
Of
Notice
When
New
Slaves
of
the
mode
not
How
HOUSE.
of
Judge
trial
trial
to
be
6
28,
be
to
grant
may
of
color,
"c.,
negroes,
time
the
of
twice
34
trial,
new
recommended
"c..
for
tried
34
given.
a
slaves
the
83
35,
offence,
same
36
36
Punishment
Free
WITNESSES.
WORK
persons
See
WHIPPING.
WORK.
free
free
slaves,
of
long
of
persons
slaves
Duties
shall
of
the
color
work
master
cannot
he
during
the
respecting
13
21
day,
runaways36.
37
lion
against a
should
The
Tax
Collector's
therefore
not
the
this
in
section,is doubtless
law,
such
are
cannot
as
chap. 1, Sec.
; but
correct
the
views
the
meet
unadjudicated. This
established
section
law.
differ from
Committee
the
which
pointupon
reasoning contained
next
is
execution,
regarded as
be
The
19.
the
ased
argument
author, is with
laid
is
law
in
the
overthrow
to
Committee.
of the
down
Although, by
higher status in society than the African
ed
be allowexist why the Indian should
not
substantial reasons
race, many
of the
The
servile condition
of a white.
to enjoy 'he full privileges
exclude
of
them
to
and
well
the
the
established policy
State,
negrorace,
is of itselfa strong reason
from all politicalfranchises,
why the Indian
should
be debarred,in this respect, from an
equalitywith the white man.
of those
So closely does the color
two
races
assimilate, that granting
lead to a
for the other, and
effect an
entrance
these privileges
to one, may
of the s'frong
is one
of which
supports
disregardfor color,the observance
such as freedom
Indian
of the institution.
The
also enjoys certain immunities,
in
his tribe constitutes,
a
from taxation,
a measure,
"c. and with
arate
sepand
fice
ofof
The
allowance
suffrage
holding
therefore,
government.
Other
whites.
condition
than
the
better
would
him
reasons
a
place
upon
the Constitution
^
could
be
placed upon
adduced,
but
a
these
sufficient
deemed
are
to
the
show
wisdom
of its decision.
opinion expressed in chap. 1,
the
44.
The Acts cfl820
sec.
1841, prohibitingemancipation,Avere
of the
the
result of long experience,and forced upon
State
by an abuse
and
but
distinctive
creation
of
The
class
no
a
color,
differing
by
right.
from the servile class, and elated by a nominal
littlegreater;immunities,
and
ing,
heart-burnfail to produce in the
lower
caste
freedom,cannot
envy
The
committee
difler fiom
also
must
the
and
the
result
grade
country
him
\
a
in
a
the
be most
may
considered
as
privilegesof
and
feeling,
must,
to
a
a
disastrous.
Neither
safeguard,debarred
the
white
man,
certain extent,
by
can
the
this intermediate
policy of
assimilate
they cannot
sympathy
seek
with
the
with
those
in
the race, and their indisposition
would
other
be obtained
livelihood can
to labor,when
by
means,
the
interests and
t
o
class
to
create
a
p
rejudicial
tendency
seriously
rank
lower
have
from
of which
be
of life.
The
indolent
character
of
moralityof the community.
Negroes, "their marriages with
with white people,are
legal." The case ot Bowers
one
another, and ev^
cited
in
the
2
margin, as an authorityfor
vs.
Newman,
McMullan, p. 472,
deemed
not
this expression, by no
means
supports the position. It was
by Judge Earle, who delivered the opinion of the Court in this
necessary
in this he was
tained
susconsider
the legalityof such marriages,and
to
case,
which
in
dissentient
delivered,
opinionswere
by five Judges; two
turned
the point was
and
said to be legal. But, as the case
considered,
be considered
other
points,the opinion of two of the Court cannot
upon
did not
Bench
of
the
since
a
majority
as
decisive,and more
especiallyso,
The
them.
deem
it a questionin issue,although learnedlyargued before
and
the
legalityof such marriages has therefore been unadjudicated,
ges
marriasuch
deem
Committee
will now
why they
proceed to give reasons
colored persons illegal. The
between
whites
and
arguments upon
forcible
so
Law
this subject in the Carolina
Journal, p. 92. and seq
therefrom.
for
Marriages
that no
is
deemed
extracting
apology
necessary
between
is treated as concubinage, merely from the incapacityof
slaves
In
!
ciiap.
1, sec. 47,
it is said of
Free
,
the
slave
to
classed
and
considered,
next
also
says the author, "between
of civil
of inter-communication
"Their
what
contract, therefore,is
concubinage
was
not
and
colored
is
persons
universal
ence,"
differ-
"The
concubinage.
concubinage and nnarriage,is the want
rights and privileges equalityof stalusV
marriage; it can, at best,amount
only to
as
^
"
mutual
by
whites
between
Marriages
contract.
the
under
contract
civil law,"
"A
colored
though no slave, is not sui juris; he must have a guardian
man,
act
such
through his guardian." "Under
appointed; he must
marriage
colored
of
the
and
the
the
husband
be two
w-omen
guardian
contract,
may
different
these
undoubtedly are, they
persons." Strong as
arguments
the
effect
of
the
decision
in
the State vs. Hayes, I
by
strengthened
appear
of a white
female
Bail., p. 275, that the offspring
by a colored male is a
tried
in
be
and
Court
of
can
a
mulatto,
only
Magistrateand Freeholders.
be legal then, which
that connection
Can
deprivesthe issue of a white,
whose
be concubinage
color
it not
gives certain privileges? Or must
of
the
incidents
?
But
of
under
the common
one
again,
merely
marriage,
under
of
control
her husband, "^fuslUms
et jiagdlis
law, is to put a woman
aerita
for
husband's
the
on
the belief that the
marriages
policy of the
break' down
connection
between
is
State
barriers
the
the
part, would
apart from
But
white?
strikinga
gal, the
Can
vxorom."
verberare
correction
at
be
the
persons
Whatever
decidedly against it.
between
the two
would
induce
colored
and
classes of
ille- w^
are
tends
weaken
color,must
of
case
indictment
to
which
reasons
whites
in
legal,which,
snbjecthim
once
to
the
institution.
entitled to the writ of Habeas
free negroes
are
the writ has been
At Nisi Prius
allowed,but
Whether
undecided.
knowledge
requiringa
of
Committee,
The
Committee,
48.
in chap. 1. see.
the
decision.
laid down
With
called
upon
Committee, apply
of failure
tc
pay
attached
to
established,and
is needed
in
Neither
on
the
can
steal negroes.
to such
extreme
the
to
to
understand
lead
of
is
law
Appeals
tively
posi-
too
to
its nature, and
not, in the
a
opinion
impositionof a
and
in case
healthy regulation,
a
penalty
of color.
persons
affixed
feel
istered
admin-
its violation.
does
Con.stitulion,
deemed
in the
case,
The
but
little different from
and
begets a bastard,
cannot
consequently
agree
of the
Constitutionality
law
is unable
with
the
to
pay
author,
is doubtful.
in
excluding from its limits by stringentlaws,
of
color,
coming from other places,is so firmly
persons
iheir wisdom
so
generallyconceded, that no reasoning
the
of
Committee
for differing
in opinion from the
part
chap. 1.
8, relative
sec.
that the
the
and
free negroes
author
the Court
thing the
who
man,
Committee
55.
policyof
The
has
law
white
a
chap. 1, sec.
free
to
unable
generally
in the
always
it,the
The
the sentence.
in
been
has
capitation
tax,
be
to
as
would
used
"freeman"
term
the
that
illiierate
so
proverbialmendacity
The
of
class
a
presented to
therefore
no
reasoning contained in chap. 1, Sec. 52, the Committee
The
to differ.
obligationof an oath is too great to be
the
to
whose
been
has
Corpus, is yet
sec.
State
65.
Committee
a
Recent
in the
agree
of
the
law
mitigation
have
events
lengths,
as
to
need
opinion expressedin chap. 2,
against such as inveigleand
demonstrated
laws
of
a
that
most
fanaticism
penal
will go
character,for
self defence.
The
under
provisionof the County Court Act, exempting Slaves from levy
has not, in the belief of the Committee, been
certain circumstances,
repealed;ihey cannot
2
coincide in the doubt
therefore
it remains
9, whether
sec.
expressed in chap.
of force.
to the charge broughtin
express a decided dissent,
Carolina
in
South
that
the
are
so
badlyprovided
26,
negroes
need
enforcement
of
the
the existing
to
as
tory
statu"c.,
clothing,
food,
Committee
The
chap.2.
with
sec.
As
a peasantry, their provision
is
penalties.
by severe
other
of
the
than
in
the
slavemore
world,except
ample,
part
probiibly
any
the existing
laws area
so
ample, that even
holding States: a provision
of the feeling
of humanity,
dead letterupon the Statute books.
Independently
enactments
such
it is the interest of all who hold this property, to make
for comfort,as will both preserve health,
strengthand
The exceptions,
if any exist,
contribute to their increase.
must
Constituted of persons from
rare.
lead them
avocations
the Committee
instincts of
The
offence
to
not
are
which
teach
led
slaves
rather increased.
The
with
minglefreely
aware
dead, or
humanityare
causes
to
all sections of the
to
to
the
read
committee
be very
State,whose
sional
profesencies,
constiturespective
the State,where the
their
of any part of
the dictates of interest unheeded.
of 1834, making it
write,have by no means
Act
or
ments
arrangeand
life,
therefore
indictable
an
abated,but
with
the
opinion
off"
cut
prohibition
by
from
instructions
from learning the doctrines of Christianity.
Apart
any
his family,
which
domestic misor
be communicated
sionaries
by the owner
may
been
their work :
have within the last few years
rapidly
extending
afforded in almost every part of the State,
and there are now
opportunities
for negroes to attend Divine
worship,and be instructed. And a large
of planters,
to perform service on
the
number
steadily
employ ministers,
of
their
the
elements
and
teach
slaves
Christianity.
Sabbath,
in chap.2, sec. 47, the Committee
believe
cannot
The Acts mentioned
it is true that religious
are
should be repealed.While
meetings
allowed,
still they should
and the enactments
repealed,
remain, that in
virtually
and protection
afforded to both
the law may be enforced,
of necessity
case
52.
The same
to sec.
whites and blacks.
reason
applies
have been
Chap. 3, sec. 23, would, in the opinionof the Committee,
that
under
the
Act
had
of
it
been
four
of the
stated
more
1839,
complete,
could signJudgment.
Freeholders and the Magistrate
within certain
abolished,
By the Act of 1847,The Patrol system was
authorized ; the 55th sec. of chap.3,
limitson Charleston neck,and a police
would
been more
have
by a notice of this Statute.
perfect
the duty assigned
to them,the Committee
sensible
In discharging
are
the author held opinions
have been passedover, on which
that some
points
brief time allowed
The
for the work,
different from the Committee.
in
expressed
chap. 2.
sec.
rendered
answer
to
most
an
and
all,impracticable:
seemed
concur
such
to
notice
from
such
which
as
the Committee
deemed
it
most
they emanate, may
tend
to
lead the unskilled
error.
The
work
cannot
is the slave
The Committee
objectionable.
of law it is valuable,
and
reiterate their belief that as a compilation
of
But
h
owever
the
correct.
incorporation privateopinions,
beneficial
generally
high the source
into
42;
nor
that it is inexpedient
that the
therefore recommend
Committee
since in many
of the State,
at the expense
should be printed,
ulars,
particwith the settled policyof the State.
at variance
it contains opinions
On behalf of the Committee.
G. DeSAUSSURE,
WILMOT
W289
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