Cb78
155j

YALE UNIVERSriY
LIBRARY ^ ^

THE

NEGRO LAW

OP

SOUTH CAROL I'^N A ,

COLLECTED AND DIGESTED BY

JOHN BELTON O'NEALL,
- .1 ' , -- ¦ ,
'One of the Judges of the Courts of I^aiv and 'Brroris of the said Statej

lUNDER A RESOLUTION OF THE STATE AGRICULTURA1>S0CIETY OF SOUTH CAROLINA:

Readj before them, at their September Semi- Annual Meeting, 1848, at Spartanburg
Court House — by them directed to be submitted to the Governor, with a
^request that he would lay it before the Legislature, at its approach
ing Session, November, 1848, and by him ordered to be
published fbr the infoimation of the Members.

COLUMBIA :
PRINTED BY JOHN G. BOWMAN.
1848

*ro HIS EXCELLENCY, iDAVID JOHNSON), ,^
Goveriwrand Commander-in-Chief in aiid over-'8d!Wth'Cc0'olina.
This work, passing through yoqr haiias to tlie Legislature ofthe
State, may, I trust, he appropriately dedicated to you, as a slight
testimonial bf the friendship which, fof more than thirty years, at
th6 Bar, ori'the Bench, in your present high and. dignified office,
and in all the relations of life,_]|ias exist«, and I hope ever 'will exist
¦between us. ~.„ - /
JOHN BELTON O'NEALL.
Springfield, Oct. 3, 1848.

To the \^ate Agricultural Society of South CaroUna :
The unaersignedj charged with the preparation of a digest of the
Law in relation tp Nggroes, (slave or free,) and directed to make
such suggestioi»iof amendment as to him may seem expedient, begs
leave to submit the following as the result of an examination of the
subject committed to him, so far as his time and opportunity allowed..
JOHN BELTON O'NEALL.
Springfield, August 14. 1848.

£ s d £
Proclamatfan Money, 133, '6, 8, for 100
s d s d
Currency, 32, 8, for 4, P

NEGRO LAW OF SOUTH CAROLINA.

CHAPTER I. ' ...J-
The Status of ihe Negro, his Rights and Disabilitie^
Section 1. The Act of 1740, sec. I, declares a^W negroes and
Indians, (free Indians in amity with this Government, negroes, mu-p, l, ijj,
lattoes and mestizoes, who now are free, excepted)' to bs slaves: — 7Siat.39r,
the offspring to follow the condition oi" the motheir; and that such
slaves are chattels personal. , ¦ *''
, Sec. 2. Under this provision it has been uniformly held, that color
ia prima fapie evidence, that the pArty bearifi'g the color of a negro, Harden* 'note'j
mulatto or mestizo, is a slave: but the sa/ne prima facie result does Nf^ln vs 'Whet-
not follow from the Indian color. , "?"¦«> i R'oh'n,
^ m 384.
Sec. 3. Indians, and descendants oundians are regarded as free
Indians, in amity with this governmentjuntil the contrary be shown. ,,.,. _ ,^_
In the second pifoviso of sec. .1, of the Act of 1740, it is declared son & Brown,
that "eyery negro, Indian, mulatto and mestizo is a Slave unless 174.
the contrary can be made to appear" — yet, in the same it is immedi-nl^nt, decided in
ately thereafter provided—'; the Indians in amity with this govern- i^y''°'™' ''*'''
ment, excepted, in which case the burden of proof shall lie on the ^g^- 'Kg
defendant,"* that-is, bii the person claiming the Indian plaintiff to be
a slave. This latter clause ofthe proviso is now regarded as furnish
ing the rule. The race of slave Indians, or of Indians not in amity
to this government, (the State,) is extinct, and hence the previous
part of the proviso has no application.
Sec. 4. The term negro is confined to slave Africans, (the ancient Exparte'r^frett
Berbers) ;and their descendants. It does not embrace the free in-J,°° ?[^"'!^
habitants of Africa, such as the Egyptians, Moors, or the negro Mill. 194-5.
Asiaticsi, such as the Lascars. ¦ Scott, 1 Bail. 273,
V : ' . State vs. Hayes,
Se9^5. Mulatto is the issue of the white and the negro. 1 Bail. 276.
jj ¦ , The St3.t6 vs.
sic. 6. When the mulatto ceases, and a party bearing some f5,°"'stSe'vr*'
-sTig'ht taint, of the African blood, ranks as white, is a question for the PS^i, fcJ^^TT'
sol ution of a Jury. state vs. Cantev,
2 Hill,615.

6 Negbo Law or Sooth Carolina.
The, stale Ts. Sec. 7. Whenever the African taint is so far reraoved, that upon
(ii5,"'ci6. Joiln- inspection a party may be fairly pronounced to be white, and ^
s|"eS,27l?-T. ^ such has beeri his or her previous reception into society, and enjoy-
^^;ll .f,,J^'if^i. ment ofthe privileges usually enjoyed by white people, the Jury may
/iimv'^3"Rich'n ^'^^^ ^"'^ regard the party as white.
me&t'ifi)! Sec. 8. No specific rule,. as to the quantity of negro blood which
>'s.,*' ii'"""J' 2 ^jii oampel a Jury to^find one to be a mulatto, hasever been adopted.
]]«¦ vs. the TiixBetvveen ^ and | seeras fairly to be debateable ground. When the
lion, decided in blood is reduced to, or below |-, the Jury ought always to find the
Ig.S!'"'^'™'^'''': party white. When the blood js^ or more Afriean, the Jury mustl
-"SBfind the party a mulatto, '
Sec. 9 The question, of color, and of course of caste, arises in vari-
nayef.'iBair.' ous'rways, and may in som^ cdses be decided without the interven-
^s^scott"! Ba'ii^ tionofia Juryi .As ^J.iena party, is convicted ¦and .brought- up for
273. The State sentence, or a witness on the stand objected to a^ a free negro, mulat-
vs. Cantey, 2 '"v „ , , ,.,1.
Hill, Gi-1. to. or- mestizOji^n these cases, if the Color be so obVious that tiniere
ean be no mistake about it, the Judge iftay refuse to sentence, or may
2d Sec oth Art cxclude thewitoejs; still if the party against whose color the decdsioa
s°"' rgi^" ^' ' ™'^y ^^ made, sl^ld claim to have the question tried by a Jury, it
must, I apprehend,%e so tried.
1 BMr^'jl.*""' '- Ste'o. 10. There are three classes of cases, in which the -question
Boon^Tgheei's of color, and of CDurse, bf^aste, inost coriimonly occurs. 1st. Prohibi-
liroi. The state tidtt against inferior Courts, oi- the Tax Collector. 2d. Objections
to. C'romfr vs. to witnesses offered to testify in the Superior Courts. 3d. Actions
Miller, N P De- «,-: ^
cis. chaiiestoii, 6f Slander for Words chargirig the plaintiff with b'eing a mtilatto.
9v ^ .i;,r S^c. 11. In the first class, i|ee negroes, mulattoes and iriestizoes
^V^'i^'L-f' ¦ &fe liable to bfe tned "for all offences, by a magistrate, arid five 'free>
BCOtl) i lia,ll. , ¦ ' i' 'n't So." ' '• •¦X
2%.,,; , Jibiders, (except m Cha,rlestbiM where two iiia'glstrates must sit,) and
of coiifse, any pefsori cl'aiHiihg to be white, (over whom, if that be
¦ ; ttiie, Ihey'have ho jVirisaictiohjJ) chargeU tbejfore them criminally, may
. dbje"et, to their jurisdiction, ani'if they "p'ersis't in trying him or her,
inay apply for, arid ori riiaking good tlite allegation, is entitled to
have the "wi-it of prohibition, tt seeins if the party su^nfts tb fhaVe
tlie questiori of jurisdiction tried by the Inferior Coiirt, he -will be
'co'ri'ci'iided. , ^
' 1 > Spc. 12. . The writ of .prohibition is gpnera,lLy granted, nisi, oh
a suggestion sworn to by the relator, by ai^r Judge at phamberg,
ori notice being given to the Court claiming jurisdiction; but if the
fact be uricontroverted. orsopkinas notto admit of doubt, jthat the
.'.relator is white, the Judge may at once grant an absolute /prohibi
tion. Gen^rhlly, however, rin issiie is ordered to be madeuj) on
gfahtiflg ikd firbhibilion, nisi, in which the relator is plaintifi^'jtnd
ori the Jary lindihg thte rtlatoi- to be "a fi-fee white perso'h, the proibi-
• '¦!•¦¦': • - bition is made absolute.

N,EGBo Law op S.oijtii Carolima. 7
Sec. 13. In tlii.s cla.ss, too, the Tax Collectors frequently issue ¦'"''«"T '^f^"'-
' ^ •' icclor. arls. Car-
tax executions for capitation taxes, against persons whom tlicy sup- nr. i m'Muii.
pose to be free negroes, mulattoes, or mestizoes, (•¦ free persons o:r,ii,iuisim vs.
coloj;,'',as they are sometimes loosely called.) If the person pr ptiii-i'o""; widfe^^'.;
sons against whom they be issued, be not liable to the tax, they 'may, {'uui^nr of Ker^
ona snggCstiortj move for, and have the writ of prohibition. sjiaw, 3 uich'n,
Secl 14. In such cases, where, , from the affidavjt.s accompanying
.he suggeston, it appears thtit the relatoj? or relator? has or have boon
received in society as white, and has or have enjoyed the privileges ^
of a white: person, , or of white people. I have uniformly mEide the ''
order for prohibition to, become absolute, if'the Tux Collector did J
not within a given time, file his suggestions ccintesting the statue of
the relator gir relatorsi This course has beea adopted,, beca,i.i«e tJie
Tax Collector has no jurisdiGtion over thei person; of the relator^ and
has no judicial authority whatever to d,ecide the question c^'c^stb-.
Hieexecution is predicated of ^p,r|i assutped fact. He iSj.;,.l?her4'fore,
bound to make that good, before he can collect the tax.--- This cou.rfete
has been found extreme-ly convenient, as it has ou* fM an immeiMe
amount of litigation^ For, generally, the Tax CoI'leejlJorB exeiwisea
sound and honest discretion, in pursuing orjly tho^e caecfe w'here
there seems to be no room to doubt thoj. degraded ;ca«te of the rela
tor or relators. ,: ' ¦ :« . /«r ,
Sec. 15.' Where, however, theije is,j to b§,a q'aestion i^s to tbe
color of the relator or relators, the Court may in its discretion cast
tbe burden of proof on the Tax Cbllector, or the relator. G'enei'all.y,
I think, it should be cast on the Tax Cotll^ctor, as his execution is
the fir^st allegation of the color of the reJjtjbo'f. As the issufe miay Tfc^-
sult, the writ of prohibition is rjnade abAlute or dissolved. 1
,,'Sec. 16, In all the cases of the first jclass, the deoifeioh is confelw- see Reporter's
sive; in all subsequent cases, ci.vil^or crijjiirial-. For the prohibi- "uni ^vs° pitz-
tionisin the nature of a , &r^iii[iiffl^.p*oceeding, o^perEvting. 'i'ji ^^^m, 3!^°"^'^'^"^''''''
and binds not only the parties, but 'also all the,people of the Common- l^j^ill'^s '^\
wealth. So it seemsy that a^y decision, made in, favoKtaf the 6i*ste iiioii"ii,'8B2.
of the relator, as white, may be given in evidence in his favor.
Sec. (17. In the -2d elETss., the objection to the competency of the
witnesSj makgs the issue collateral, - an(^ it i§ tried instanter., without
any formal issue ibeing inade,up,,iaind the finding is upon'the recovd.
on trial;, The verdict, in such, a case, concludes -notMng beyond the
question, of -competency in;, that case, It, however, 'iai@h!t be .given
in evidence; for or against the witnessj ,not as eonoluSive, but as a
circuinstance having weight in settling the question of -status, in all
other cases. „ . „„
.,,,,-, Oromer fs. •Mll-
Se6. 18. ;In the 3d class, where justification is ipleadert.and found, •ler^X^tp.'Becfe.
it\YOul4 seem to forevjer jiofiokde the Plaintiff from .re-agitatirig the i847,'. i. "' '

8 Negbo Law op South Carolina.
question. But, where the defence is as usual, that the Defendant
had good reason to suspect and believe that the Plaintiff was, as
he alleged, a mulatto, in such case, a finding of nominal damages
•ustains the defence, yet it concludes not the Plaintiff from after
wards averring and proving that he was white.
Sec 19. Free Indians and their descendants, unlnixedby African
The state exre-blood, are entitled to all tbe privileges of white men, except that of
Mar&heifame suffrage and office. The former, and of consequence the latter, has
MuBhf)*V8.'!te been denied to a pure Indian, living among the whites. The fore-
Managersofejec- ^ging princiole resulting from tiie case cited in the margin, is, I am
tion for Yoi-ri: = & * * & » j j
Dist. istBaii^^Spei'suaded, wrong. The terra white, ("free white man,"' used in
'pur Constitution, is comparative merelj": it was intended to be used
iri ojpposition to the Colors resulti rig from the slave blood. The case
ehOiUd be reviewed; and I trust the decision will ^be reversed ;j for
the caBe in which it was madej will always condemn it. The relator,
the Ilev.iJ!iphn Mush, was an Indian of the Pawmunki tribe of In
dians, in 'V'irginia; he was a soldier of the Revolution, he had as
such, taken the Oath of alllegiahce. He was sent out as a Mission
ary to the Catawbas. He, howe'vef, did not reside among them;
he lived among |the white inhabitants of York District, where he
had resided for toany years. He was a man of unexceptionable
character. Yet, sfffiapge to say, he was held not to be entii.led to
vote. If that decisionjae right, how long is the objection to prevail ?
When is the descendant pf an Indian to be regarded as white 1 la
it, that he is aot to be so 'legatded, until a jury shall find him to be
white, on account of the ^reat preponderance of the white blood ?
Bnt the Indian blood, like ahat of the white, is the blood of free
dom ; there is nothing degrading in it, and hence, therefore, the
Indian and his descendants i^y well claim to be white within the
legal meaning of our Constitpioo. '
Miller vs, Baw- ^^°' ^^' ^ mestizo is the issUe-of a negro and an Indian, and is
Sf".?""? ?">«"¦ subject to all the disabilities of a free negro and mulatto.
Dudley's Report, " r^-.mlI, » -^
174, 176, 2d'pr6. Sec. 21. The burden of proof of freedom r^sts upon the negro,
of the Act of 'mulatto, or mestizo, claiming to be free.
Fstat.m' T" Sec. 22. Under the Act of 1740, 1st sec. 1st proviso, and the Act
I of 1799, it is provided, if any negro, mulatto, or mestizo shall claim
ad Faust, 324.J jjjg ^j. her freedom, he may on application to the Clerk of the Court
! of Common Pleas of the District, have a guardian appointedj who is
I authorized to bring an action'of trespass, in the nature of ravishment
; of ward, against any person blaiming property in the said negro, mu-
I latto or mestizo, or having possession of the same; in which action, the
Wem« '»di, general issue may be pleaded, and the special circumstances given
Br^fer^ut^M"'" *^*'^®""'® ' ^^'^ "?•"» ^ general or special verdict founi, judgment
Mull., \x. shall be given according to the very right of the case, without'ajiy

Negho Law of South Carolina.
igard to defects in the proceeding, in form or substance. In such case,
' jfi the verdict bo that the ward of the Plaintiff is free, a special entry
shall be made declaring him to be free — and the jury is authorized
to assess damages which the Plaintiff's ward may have sustained,
and the Court is directed to give judgraent, and award execution for
the damagestand cost; but if judgnient is given for the Defendant,
then. the Cotirt is authorized to inflict corporal punishment on the
ward of the Plaintiff, not extending to life or limb. Under the 2d
. .Bee. of the Aet of 1740, it is provided that the Defendant in such
aciion, shall enter into a recognizance with one or more sufficient p_ ^ i64.
¦sureties to the Plaintiff, in such sum as the Court of Common Pleas
¦may direct, conditioned to produce the ward of the Plaintiff, at all J ,...
tiraes when required by the Court, and that while the action or .suit
^ is pending, he shall not be eloigned, abused or misused. ^.j^
Sec. 23. Under the 1st proviso, the action of trepass in tljjg' na
ture of ravishment of ward, is an action sounding altogether in
damages. The finding for the Plaintiff, is allogther of dama^Ss, which
mav be made up of the value of the services of the Plaintiff's ward.
and recompense for any abuse, or injury, which he may sustain.
Por such damages and the costs, the judgment is entered up, and
execution issues.
« Sec. 24, Under the Act, the Court is authorized', on such finding Rice ads. Spear
for the Plaintiff, to raake a special entry, that the ward of the Plain- Hari?Repor*20.
tiff is free. This entry ought to recite the action, the finding of the
Jury, and then should follow the order of the Court, that the Plain
tiff's ward is free, and th-tt he be di.xharggd from the service of the
Defendant. This should be spread on the rainutes of the Court.
This entry is, it seems, evidence of the freedom of the Plaintiff's jjn^^g^i spee/s^'
kward in all other cases, and against all other persons. It is- only "¦"•
conclusive, however, against the Defendant; against all other per
sons, it is prima facie merely. Under fee 2d sec, the proceeding
is by petition, setting out the action hro'ught to recover the freedora
of the negro, the possessipn'by the Defendant, with a prayer, that
', the Defendant enter into the recognizanoerequired by law. If this
ord erbe disobeyed, the Defendant may be attached for a contempt, until
it be obeyed; or it may be in analogy tothe decision under the
Trover Act, thatthe Sheriff might arrest the Defendant under the 1""°'?,,™.-,, Y"-
«- , . ' ° uon, 2d Hill, 669.
order, and keep hira in oustofly until he entered into the -recogniz
ance. I never knew the order made but once, and that was in the
case of Spear and Galbreath, Guardians of Charles, vs. Rice, Harp.
20. In that case, the order was complied with by the Defendant on
notice of it.
Sec. 25. The evidence of freedom is as various as the cases.
Siic. 26. Proof that a negro has been suffered to live in a coromu-sratevs.llarden,
^ify for years as a freeman, is pn'ma /acte proof of freedom. (note.)

10 Negro Law of South Casolina.
Miller.Adm'r. of Sgc. 27. If before the Act of 1820, a negro was at large, wj jJ
Bennett, vs. , ^ , ,
Reigne,etal,2d. an owner, and acting as a freeman lor twenty years, Ine
Hill 592 The . J J '
State vs. Hill, 2d would presume omnia esse rita acta, and every muniment necessary
Speers, 161. ^^ ^j^^ effect to freedom to have been properly executed.
Sec. 28. This rule applies also, when freedora has been begun to
be enjoyed before the Act of 1820, and the 20 years are completed
after.
S„Cooper'sJustini- Sec. 29. Before the Act of 1800, (hereafter to be adverted to.)
'nnlNotes, 416. i • , , i . ¦ ,-,,,., i j
Ssilleyvs.Beatty, any thing which shewed that the owner had deliberately parted
Bowera vs.'New- with his property, and dissolved the vinculum, suvitii, was enough
man^a. SMluil. ^^ establish freedom.
SaffiiS^ Sec 30. The validity of freedom depends upon the law of the
13, Kiceadt *jplace where it begins. Hence, when slaves have been manumitted
Spear and Gal- TS- , , _, , .
breath, Harper%'in pther States, and are found in this State, their freedom here, will
Law Report 20. *\ ^ j ,,. i-i-.. r,i_ • - , , , u ^
depend on the validity of the manumission at the place whence they
carne. -
7 Stat. 442, 443. Sec. 31.^ By the 7th, Sth and 9th sections'of the Act of 1800, it
was |irovid[ed, that emancipation could only take effect by deed ; that
the owner inttjnding to emancipate a slave, should, vvith the slave,
appear before,^ a, Justice of the Q,uorura. and five Freeholders ofthe
vicinage, and upon oath, answer all such questions as they raight
ask touching the character and capability of the slave to gain a live-
iihood in an honesi way. And if, upon such examination, it appeared
to them the slave was'jpot of bad character, and was capable of gain- '
ing a livelihood in an jjonest way, they were directed to indorse a
certificate upon the deed^o that effect; and upon the said deed and
certificate being recordedjin the Clerk's office, within 6 months from
the execution, the emandjpation was declared to be legal and valid,
otherwise, that it was void. The person emancipating was directed
by the Sth section, to deliver to the slave a copy of the deed of H
emancipation, al tested by tli.e Clerk, within 10 days after such deed
shall have been executed. '^
Sec. 32. The person emanctpating, neglecting or refusing to deli
ver such copy, was, by the 9th section, dtjclared to be liable^to a fine (
of $50, with costs, to be recovered by any one who shall sue for the '
same. ^
Sec 33. It was also provided by the Oth section, that a sla*e
emancipated contrary to this Act, may be seized, and made propeilC
by any one.
Sec 34. It was held, for a long time, that when a will directed
slaves to be free, or to be set free, that they w.'re liable to seizure
IstBail. 632,633, as illegally emancipated. But the cases ol" Lenoir vs. S yl vester and
Young vs. the same, put that matter right. In them, "it was held
that a bequest of freedom was not void, under the Act of ISOO-l^tliU
it colild have no effect nntil the Executor assented-that when lie did

Negro Law op South Carolina. 11
assent, it was his duty to so assent as to give legal effect to the
bequest. As legal owner, he could execute the deed, appear before
the Magistrate an'd Freeho'lders, answer the questions, and do every
act required by the law, and thus make the emancipation legal.
.— Sec. 35. A slave illegally emancipated, was free, as against the Linam vs. , Tohn.
. I .. , , , A ^ - .,„« , I ¦ J son, 2nd Bail.
rights of the owner, Under the Act of 1800; he could only restore i40,
himself to h'is riglits by cap'ufe. The Act of 1820, declares that no Monk vs, jenk-
slave shallbe etriancipated but by Act of the Legislature. Still it laf'? stat.' 469.*^'
has been held, in Linnm vs. Johnson, and many subsequent cases,
that if a slave be in any other way emancipated, he may. under the
provision of the Act of 1800. be seized as derelict. j
i
Sec. 36. The delivery ofthe deed of emancipation to the Clerk tcMonk vs. Jenk-
be recorded, is all the Vli very necessary to give it legal effect; anil i4-'i6. ' ' ' '
the delivery to the Clerk is equivalent to recording.'
Sec 37 The Act of 1820, declaring that no slave should hereafter Cline vs. 6aJd-
j— , ,. ,.^,T., . ,vi well, 1 Hill, 423>,
b'e emancipated, but by Act of the Legislature, introduced a peWj.gtatevs. singie-
and. as I think, an unPortuna-te provision in our law. ' AU laws urine- i^'^'i,^",'' ""'^™i
^ , ' Dudley's Rep.
cessarily restraining the rights of owners are unwise. So far.as mafy 220-
be necessary to preserve the peace and good order of the community, AdftTw^ar-
they maybe properly restrained. The Act of 1800 "was of that kind. m"]|uu*^^'*
The Act of 1820, instead of regufating, cut off tli&i]iO'wer of emanci-Thestatevs.
pation, 'Like aH of its class, it has done harm instead of good, li jlhame^Itad.
lias caused evasions without number. These have been successful,
by ves'ting the ownership in persons legally ¦•'capable of holding it,
'and thus substantially conferring freedom, lyhen it was legally de
nied. Sec '38. "So too, bequests or gifts, for the use of such slaves, were carmiiievs.
Supported under the rule, that whateverfis given tothe slave belongs *ii"'^'2°McMuii
?to the master; Jf ^•
Sec 39. Since the Act of 1820, if a^'gegro be at large, and enjoy vin^ardvs. Pas-
freedom for twenty years, he or she if still a slave; as an Act of °* ^'^"^' ''"
lEmancipation pftssed by the; Legislature, will not be presumed.
Sec. 40. The Act of 1820. w.is plainly intended to restrain emanci-Frazi'rvs. Fin.
'pation within the State; it was, therefore, held by the Court of Ap-30s.'
peals, that where a. testator directed slaves to be sent out ofthe State,
and there set free, such bequest, was good.
Sec 41. In '41, the Legislature, by a sweeping Act, declared, 1st. iistai.isi.
That any bequest, deed uf trust, or conveyance, intended to take
effect after the death of the owner, whereby the removal of any slave
or slaves'' without the State, is secured or intended, with a view to
the emancipation of such slave or slaves, shall be void — and the slave
or slaves' assets, in the hands of any Executor or Administrator. 2d.
Tfjat any gift of any slave or slaves, by deed, or otherwise, accompa
nied by a trust, secret or implied, that the donee sball reraove such
slaves frotn the State to be emancipated, shall be void, and directed

12 Negro Law op South Cvrolusa.
the donee to deliver up the slave or slaves, or account to the distri
butees, or next of kin, for theij- value. 3d. That any bequest, gift, or
conveyance of any slave or slaves, with a trust of confidence, either
secret or expressed, that such slave or slaves shall be held in nominal
servitude only, shall be void, and the donee is directed to deliver tlie-
slave or slaves, or to account for their value to the distributees, or
next of kin. 4th. That every devise or bequest to a slave or slaves,
¦^^ or to any person upon a trust or confidence, secret or expressed, for
the benefit of any slave or slaves, shall be void.
carmUfevB. the Sec 42. This Act, reversing the whole body of the law, which had
niiUe^MMaiuU been settled by various decisions frora 1830, can have no effect on any
*^" indeed, will, gift, or conveyance, made prior to its passage, 17th De
cember, 1841.
Sec. 43. This Act, it has been always said, was passed to control
aTich gentleman in the disposition of his estate. Like everything of
the kin|j he defeated it, and the expectations of his nest of kin, by
devising lijs estate to one of his kindred, to the exclusion of all the
rest. \^ ¦
Sec 44. My experience as a man, and a Judge, leads me to con-
¦:aemn the Acts of 1820 and 1841. They ought to be repealed, and
the Act of 1800 jgstored. The State has nothing to feair from eman
cipation, regulated 'as that law directs it to be. Many a master
knows lhat he has a sjave or slaves, for whom he feels it to be his
duty to provide. As the I'aw now stands, that cannot be done. In a
slave country, the good should be especially rewarded. "Who are to
judge of this, but the master? Give him the power of emancipation,
under well regulated guards, and he can dispense the only reward,
which either he, or his slave appreciates. In the present state ofthe
world, it is especially our duty, and that of slave owners, to be just
and merciful, and in all things to be exceptione majori. "With welt
regulated and raetcifully applied slave laws, we have nothing tofear
for nearo slavery. Fanatics ofour own, or foreign countries, will be-
in the condition of the viper biting the file. They, not us, will be the
sufferers. Let me, however, assure my countrymen, and fellow-slave
holders, that unjust laws, or unmerciful manageraent of slaves, fall
upon us, and our institutions, with more withering effect than any
thing else. I would see South Carolina, the kind mother, and mis
tress of all her people, free and slave. To all, extending justice and
raercy. Asagainst our enemies, I would say to her, bejiiM, andfeamot..
Her sons faltered not on a foreign sliore ; at horae, they- will die in
I the last trench, rather than her rights should be invaded or despoiled.
Sec 45. Free negroes, mulatloes, and mestizoes, are entitled to"
all the rights of property, and protection in their persons and^prop-
erty, by action or indictment, which the vvhite -inhabitants of^ this
State are entitled to.

Negro Law of SoUTn C.i,ROLiNA. 13
/
Sec. 46. They are legally sui juris. (The Act of '22, section S, r Sat, 102,
requires every male free negro, above the age of 15, 10 luivo a gunr-
dian, who must be a respectable freeholder ofthe District, who may
be appointed by the Clerk,) Notwithstanding this provision, the
free negro is still, as I have said sui juris, wkcnof and above theage
of 21. The guardian is a mere protector of the negro, and a guaran
tor of his good conduct to the public.
I Sec. 47. They may contract, and be contracted with. Their mar- Bowersvs. New-
riages with one another, and even with white people, are legal, — JJ™. 2(i .mcMum,
They may purchase, hold, and transmit, hv'descent, real (-..state. — ^/'''F;*''",'* "I
¦'*'¦' ' • ¦' ' " Mrs. Ilui-rlc;isr]ef
They can mortgage, alicne, or devise the same. Thev mav sue. and ads. the~Ksclll¦a-
, , , , , , ' ¦' •' ' tor or Phievilk,.
fee sued, without noticing their respective guardians. reported in the-
Sec 48. They are entitled to protect their persons by action, in- vs^Newmiwrai
¦Wotment, and the writ of Habeas Corpus, (except, that the writ ofS's'atfvs.''^"'
Habeas Corpus is denied to those who enter the State contrary to PS' '''^"'"iso '*'
the Act of 1835.) Thev cannot repel force by force; that is. thev ''"''= s-ate v.=.
, . ,, ,. , ' Hi"i Idem, 150-
¦cannot strike a white man. who may strike any ot them. i.'ji.
' The S'a'e vs JJ
Sec 49. It has, however, been held, in a case decidedin the Court Scott.i iiaii '294'
jof Appeals, and not reported, that insolence on the part ofa free ne- i^/7i suit,'203,
gro, would not excuse an Assault and Battery. Froniilhal decision, I
¦dissented, holding as in the Stale vs. Harden, 2d Speers (note) 155,
'' That words of impertinence or insolence addressed by a free negro
to a white man, would justify an Assault and Battery." "As a general
rule, I should say, that. whatever, in the opinion of the Jury, would
induce them, as reasonable men, to strike a free negro, should in all
cases be regarded as a legal justification, in an indictracnt."
Sec 50. In addition to the coramon law, remedies, by action ofcstat.eri.
Assault and Battery, and False Imprisonment, and indictments for the
same, the Act of '37 furnishes another guaranty for the protection of
free negroes, mulattoes, or mestizoes, by declaring any one convic
ted of their forcible abduction, or assisting therein, to be liable to a
fine not less than $1000, and imprisonment not less than 12 raonths.
Sec 51. Free negroes, mulattoes. and mestizoes, cannot be wit- vvihi'te vs-,
nesses or jurors in the Superior Courts. They can be jurors no 43^!'"'^^' *'°'^'
where. They cannot even be witnesses in Inferior Courts, with the ^''""'"SY^,- „
•' ' Devana, 2d Rail.
single exception ofa Magistrate's and Freeholders' Court, trying 102. I3th and
,^ .'^ ? , o...£f °l4thseo. of Act
slaves or free negroes, mulattoes or mestizoes, for criminal offences, ofl740. p. l. lec.
and then without oath. This was however, not always the case, to
the entire extbnt which I have stated. It was at one time held, that
^OY persor^ of color, if the issue of a free white woman, is entitled to The state vs.
. ...'^ , , , , . , • ¦ /-, . Dowell, 2 Biev.
give evidence, and ought to be admitted as a witness, in our Courts, 146,
This was predicated of a clear mistake o{ the civil law maxim of par- The state vs, r.
tus sequitur ventrem, and ol the provision in the 1st section of the ^"'"^"^^'''^'^^
Act of 1740, that the offspring should follow the condition of the mo- Hays,! Bail. 275.
ther, which only mean, that slavery or freedom should be the condi-

14 NixiSo Law of SoutA Carolin-.v.
lioiTaftiie offspring, hul where the words mulatto or mestizo are eVef
u>;ed as designating a class, thtey are to be interpreted by their com"
mon acccptiition.
p. L. 166-167. Sec. 52, It is singular that the 13th and 14lh sections of the Act
,-., ..^ of 1740. directin.? xvho may be witnesses against slaves, free negrocH
V Slat. 401--402. .-='•' '^
&e., slioald have been confined to free Indians and slaves, who are t(5
be examined without oath. From which it would seem, that tree
¦negroes, mulattoes, doC. fnJ.jht be examined in such cases, us at'coni-J
^ mon law, upon oath. But the practice under the Act has been nni»
\ form, as I have before stnted it. I think it a very unwise provision,
¦'-, and courso of pr'tVctice. to examine any witnesses in anj' court, or case,
, without the sanelion of an oath. Negroes, (slaves or free) will t'eel
the sanctions of an oiith, with as much force as r.ny of the ignor-int
classes of white people, in a Christian country. They ought, toi^. lo
bo raade to know, if they testify falsely, they are'to be punished lor
it; b-y human luws. The course pursued on ihe trial of negroes, in
the -addacljon and obtaining testimony, leads to none of the cert.iii-.'^
tips of truth. Falsehood is often the result, anJ innocence is thus
often sacriPired on the slirine of prejudice.
Sec 53. Free negroes, mulaltoes, and mestizoes, may make all
teininvB. Lopez, necessary affidavits on collateral matters, in cases in theiSupeiior
arp. ep . (-.gm-jg jj, ^yj,;,.;. they may be parlies, as on motions of postponement
&c.. So too, they may in such Court take the oaths under the Insol vent
Debtor's or Prison Bounds Act, and Under tlie Acts of Congress lo ob
tain a pension. ,,
Sec 54. Free negrofes, mulattoes, and mestizoes, (except such as
The's'-aie v8^^^' ''''"'^ proved lo the satisfaction of tlie Tax Collector, to be incapable
Graham,2d Hill. of making a livelihood,) are liable to a capitation tax, ("fixed liv
457. 2d sec. Act == '¦'.. ^ J v. -'
of'45,iiSiat.343. each tax Act ;) they raaymake a return personiilly-^or any mem
ber of the family may make a return for the rest; or if one be
sick, he or she may make snch return by agent. They are liable to
be double taxed fbr not making- a return of themselves.
Act"l''M'"2d ¦ ^" Sec 55. This fax seems to havg^ oi'iginatcd in 1805. The Act of
Bfc.p,4. The 1833 directs the issuing of executions ei gainst free neBrties, mu'at^
stale vs. Gra- . , • , & !
ham, 2d Hill, toes and mestizoes, who may fiiil to pay the tax, and that under
them, they may be sold for a term, not exceeding one year ; provided,
ho-wever, that they shall in no instance be sold for a longer terra
than may be necessary to pay the taxes due; but they cannot be
sold under the double tax executions to be issued against them fbr
not making returns of themselves. Such executions go against pro-
2d6ec.9ihArt. perty merely. The constitutionality of the provisiim for the sale of
Con, s, c. free negroes in payment of their taxes, is exceedingly questionable.
Sec-. 56. The term ''free person of color," used in many of our
Acts, since 1840, has given rise to many imperfect and improper no
tions. Its meaning is confirmed by the Act of 1740, and all proper

Necru Law of South CAHOLiifjk. 15
constructions ofour cod.: noir to n'lgroes. mulattoes awl ir.c.ilizoeir. In
comraon parlance, it litis a much wider signific;itiori, hence Iks danger
of its use ; for all who have to execute the Acts of the Legishiliuru
¦Are not learned lawyers, or Judges, The Lr.gielalure ought t»iu=e
the words of the Act of 1740. '' Free no,groes, niuhittoes and mesti
zoes," and then every one vvould have a certain guide to understand
the words used.
Sec 57. The Act of '35, declares it to be unlawful for any free negro. Act of l.^ss-
\or person of color, to niigrtite into this State, or to be brought oir in- '!'^^'='^ Stat.
• troduced within its limiis, by land or water.
Sec 58. Any free negro, or person of color, not being a seaman on j
board any vessel arriving in tliis State, violating this law, shall and luay
be seized by any white person, or by the SherifforConstable ofthe dis
trict, and carrie.d before any Magistrate of the district, city or parish^
who is authorized to bail oi' commit the said free negro — and to sqiii"
mon three freeholders, and form a Court for the trial and examina
tion of the said free negro, or person of. color, within six days after
his arrest ; and on conviction, order hira to leave the Slate — and at
the tirae of conviction, to commit him tojail, until he can leave the
Stnite, or to release hini on bail, not longer than 15 days. And. if
' after being bailed and ordered to leave the State, the free negro or
person of color, shall not leave within 15 days, or having left shall,
return, shall be arrested, and on conviction belbi'e a Court of one
Magistrate and three freeholders, he shall be liabje to suoh corporal
punishment as the court shall order; if after such punishment, the
offender shall still ron,rain in the State ," longer than the tirae al
lowed," (which is. I suppose, the time previously fixed, 15 days.) or
shall return, upon proof and conviction before a court of one Mtigis-
trate and three freeholders, the free negro or person of color raay be
sold, and the proceeds appropriated, one half lo the use of the State,
the other half to the use of the informer. ,
Sec 59, If the free negro or person of color corae into this State, 2d sec, 7 stat.
on board any vessel, as a cook, steward,, mariner, or in any oth-er em-''^''
ployment, the Slicr'ffof the district is to iipprehend, and confine in jail,
such free negro or -person of color, until the ves.sel be hauled off
frora the wharf, and ready fbr sea. The Act provides, that on the
apprehension of any Cree negro or person of color, on board any ves
sel, the Sheriff shall cause the Captain to enter into a recognizance
with good and suflieient security, in the sum of $1000 for each free
negro or person of color, who may be on board his said vessel, that
he will coijply with the requisitions of this Act, which are, that he
will, when ready for sea, carry away the said free negro or person
of color, and pay the costs of his detension ; but if the Captain be
unable or refuse so fo do, he is to be required by the Sheriff to haul
his vessel in the streara, 100 yards distance from the shore, and there
emain until ready for sea. If this be not complied witb, in 24 hours,

16 Negro Law of Sooth Carolina.
the Captain is liable to be indicted, and on conviction, is to be fined
not exceeding $1000, and imprisoned not exceeding 6 months;-
Sec 60. Whenever any free negro or person of color, shall be ap-
471. ' prehended andcoramitted fo-f coraing into this State by sea, it is
the duty of the Sheriff to call upon some Magistrate to warn the
offender, never again to enter the State, and at the time of giving
such warning, th'e Magistrate is to enter the name of such free ne
gro or person of color, in a book to be kept by the Sheriff, with a
description of his person and occupation, which book is evidence of .'
the warning, and is to be deposited in the Clerk's ofiice, as a pub- "
lie record. If the offender shall not depart the State, in case the
Captain shall refuse or neglect f o carry him or her away, or havit^
departed, shall ever again- enter into the State, he or she is liable to
be dealt with, and incur the forfeiture prescribed in the 1st sec.
sth sec. 7 stat, >Sec. 6 L If any free negro or person of color, before the passage of
'*^^" the Act of '35, or since, has left, or shall leave the State, they are
forever prohibited from returning, under the penalty of the 1st sec.
Sec 62. The Sth sec. of the Act, excepts from its operation free
sth sec. 7 stat, , „ , ..,.-., r , ¦ i
4Ti. negroes and persons of color, coraing into the State Irom shipwreck,
but declares them liable to arrest and iraprisonment, as provided in-
the 2d sec, and to incur all its penalties, if within thirty days they"*
shall not leave the State.
Sec. 63. The 9th sec. excepts free negroes and persons of color,
9th sec 7 Slat, .^|^q g^^K arrive as I cooks, stewards or mariners, or in other employ
ment, in any vessel of the United States; or on board any national
vessel of the navies* of any ofthe European or other powers in
amity with the "United States, unless they shall be found on shore,
after being warned by the Sheriff to keep on board their vessels.
The Act does not extend to free Araerican Indians, free Moors, or
Lascars, or other colored subjects beyond the Cape of Goop Hope,
who may arrive in any merchant vessel.
Sec 64. Free negroes, and free persons of color, (meaning of
i«li sec, 7 stat, course mulattoes and mestizoes.) are prohibited, (unless they have
a ticket from their guardian,) from carrying any fire arms, or other
military or dangerous weapons, under pain of forfeiture, and being
whipped at the discretion of a Magistrate and three freeholders.
They cannot be eraployed as pioneers, though they may be subjected
to military fatigue duly.
Sec 65. The first, second, third and fifth sections of'the Act of
'35, are to my mind, of .so questionable policy, that I should be dis-
3iiparagrah 8th posed to repeal them. They carry with them so many elements of
u'^'s'"'"''*^™' discord with our sister States, and foreign nations, that, unless they
2ti. seo.jth art. .^ypfg gf paramount necessity, which I have never believed, we
Chapman vs. should at once Strike them out. I am afraid too, there are manv
Miller,2{lSpeers .,,,., , , . ^
769, grave constitutional objections to them, in whole or in part.

Negro Law or Sodth Caholina. 17
CHAPTER IL
Slaves, their Civil Rights, Liabilities, and Disabilities.
Sec. 1. In a previous part of this digest, I have had occasion in-
,cidentally to state the meaning of the civil law maxim, "partus se
quitur ventrem," and ofthe provision of the ist section of the Act of
1740, "the offspring to follow the condition of the mother." Both
mean, that the offspring of a slave mother must also be a slave.
Sec 2. The tiiapm, as well as the provision of the Act, has a-^lJ^^MBrl"'.
further meaping in relation to property. It'j determines to whom the ^J^'ghJii 1'"^
issue belongs. The owner of the mother has the sanie right in her^ep, (Des,)6ii.
issue, born while she belongs to him. which he has in her. If for
example, the person in possession is tenant for life, then such an one
takes an estate for life in the issue. If there be a vested estate in
remainder, or one which takes effect on the termination of the life
estate, the remainder man is entitled to the issue, on the falling in
of the life estate, as he is etitilled to the mother. If there be no Geiger vs,
estate C9,rved out beyond the life estate, then as the mother reverts. 4i8. '
so siilso .does the is,sue.
Sec 3. The estate of a tenant for life in slaves, engaged in mak-fj^'j?,fj'gj^™°"
ing a crop, if he die after the 1st of March, is coniiuuedjhy the Act '^''""'^ib^jj'i''j45
of '89, until the cjpop be finished, or until the last day of December,
in the yeair in which the tenant dies.
Sec 4. The issue of a white woman and a negro, is a tnohitto ^Jjj^j^y^j^j^^'a^^;
within the meaning of that term, and is stil'iiected to all the disabili- The state vs.
° , '  , ' I ¦ < m. Hayes, 1 Bail.
ties of the degraded caste, into which his color thrusts hira. The -275.
tvile ^' partus geqw,fur vent7-e'm" makes him a tree man. The result
of mingling the white and negro blood is to make him a raulatto, and
that carries with it, the disqualifications heretofore pointed out.
Sec 5. The 1st section pf the Act of 1740, declares slaves to be^
chattels personal.
Sec. 6. The first consequence legally resulting from this provision
would have been without any Act of the Legislature, that the steal
ing of a slave, should be a larceny {gvskd or petit) at common law.
SiEc 7. But in 1754, an Act was passed, which, by its first section, P- 1-235.
made it a felony without. the benefit of clergy, to inveigle, steal a«f^ gilte'vf Mii^!"'
carry away, er to hire, aid or counsel, any person or persons to iivei-2 N. &M'a i.
sle, steal or carry away, any slave or slaves, or to aid any slave in whyte, et. ai. 2
^ ' . „ , , , , , N &iVI'C,174.
running away, or departing from his masters or employer's scrvic^ The state vs.
Sec 8. This law, beginning in our Colonial times, and made ibrfcl^^g"' '^

us by our rulers, given to us by Great Britain, has remained evej^e state vsl
«ince unchanged, and has been sternly enforced as a; raost valuable m'MuU, 48.8
, , _- , ,, , . J 11 ¦ !• • State VS, M'Coy,
eafeguaird to property. Yet public opinion was gradually inclining 2 speers, 7ii,
to thei belief, that its provisions were too sanguinary, and that they J^i^n L^'Bro'wn,
.might.be sq/eiy mitigated when the torrents of abuse poured upon the 2 Speers, 129.
3

18 Negho Law of South Carolina.
State, and the Judge presiding on the trial from abroad, and the
free States of fhe Union, on account of the conviction of a worthless
man. John L. Brown, for aiding a slave to r.uu away and depart from
her master's service, stopped the whole movement of mercy. It is now,
however, due to ourselves, that this matter should be taken up, the
law changed, and a punishinent.Jess than death be assigned for the
offence. Sec 9. Slaves are in our law, treated as other personal chattels,
so far as relates to questions of property, or liability to the payment
p L 379 °^ debts, except that by the county court Act, (which in this respect
'x is perhaps still of force.) slaves are exempted from levy when other
P.L,420. property be shown ; and also by the Act of '87, for recovering" fiqes
and forfeited recognizances, the sheriff is directed to sell under the
j^ executions to be issued, every other part of the personal estate, be-
lore he shall sell any negro or negroes.
Sec 10. In consequence of this slight character which they bear
in legal estimation, as compared with real estate, (which has itself,
in our State, become of too easy disposition,) slaves are subjected to
continual change — they are sold and given by their masters without
writing; they are sold by administrators and executors, and bJ?* the
sheriff, (and may even be sold by cons.tables.) These public sales by
administrators, executors or the sheriff, maybe for payment of debts
or partition — th^ey (slaves) are often sold under the order of the
Ordinary, without any inquiry, whether it be necessary for pa-yment .
KL, 493. ' of debts or division. This continual change of the relation of raas
ter and slave, with the consequent rending of faraily ties among them.
has induced me to think, that if by law, they were annexed to the
freeholds of their owners, and when sold for partition amoug distri
butees, tenants in common, joint tenants and coparceners, they
^ should be sold with the,freehold, and not otherwise — it might be a
wise and wholesome change of the law. Some provision, too, might
be raade, which would prevent, in a great degree, sales for debts. A
debtor's lands and slaves, instead of being sold, might be sequestered
tmtit, like vivum vadium, thej would pay all his debts in execution,
by the annual profits. If this should be impossible on account of the
amount of the indebtedness, then either court, law or equity, might
be empowered to order the sale of the plantation and slaves together
or separately; the slaves to be sold in farailies.
I » • Sec 11. Although slaves, by the Act of 1740. are declared to be
I ^ITtL •'hattels personal, yet, they are also in our law, considered as per-
1 I > sons with many rights, and liabilities, civil and criminal.
I Sec. 12. The right of protection, which would belong to a sJave
dy. Dudley's as a human being, is by the law of slavery, transferred to the master]l^
vB°.''casion,M™ Sec 13. A master may protect the person of his slave -from in-
Bad. 98,99. jury, by repelling force with force, or by action, and in some cases
by indictment.

W dll

Negro Law op Sooth Carolina. 19
Sec 14. Any injury done to the person of his slave, he may re- Gaston vs. Mur-
J , , " , ' ' ¦' ray, Harp 113,
dress hy action of trespass, vi et af-rnxs-, without layins the iniurv Helton vs, Cas-
, ... 7 .. • ....,,¦ . , , , ¦'ton, 2d Bail 96,
done, with aper quod serviiium amisit, and this even though he may Teiinent vs. Den-
have hired the slave fo another. R^e'p.°83^'''"°
Sec 15. By the Act of 1821, the murder of a slave is declared to ActsotiS2i,p.
¦ile a felony, without the benefit of clergy; and by the sarae Act, to
kill any slave, on sudden heat and passion, subjects the offender, on
conviction, to a fine not exceeding |500, and imprisonment not ex
ceeding 6 months.
Sec ,16. To constitute the murder of a slave, no other ingredients The state vs.'
e necessary than such as enter into the offence of murder at com-2d'Hm^459l-J~"^
mon law. So the killing, on sudden heat and passion, is the same as '^^^^g'^*^-*-^^,
manslaughter, and a finding by the jury on an indictment for the mur- Rep. m
J /- 7 ,. . ¦,,• ,, ; , ¦ • , , , Theigrateva,
der oil a slave, ol a killing on sudden heat and passion, is good, and sub- FJ'eming, deci-
jects theoffender to the punishment ofthe act; or bn an indictment for spring, 1848. '
the murde.r of a slave, if the verdict be guilty of manslaughter, it is
good, and the off'enderis to receive judgment under the Act.
Sec 17. An attempt to kill and murder a slave by shooting at him, Sf^f'^H^'^ss,
— was held to be a misdemeanor, and indictable as an assault with rfn ¦¦?
intent to kill and murder. This was a jconsequence of raaking it_,^.
murder to kill, a slave. , i
. Sbo. , 18. The Act of 1841 raakes the unkiwful whipping or beating n Stat. 165.
of any slave, without sufficient provocation by word or act, a misde-
hEjeanor, and subjects the offender, on conviction, to imprisonment not
exceeding, 6. months, and a fine not exceeding $500.
Sec 19. This Act has received no judicial construction by our
Court of Appeals. It has been several times, presented to me on
Circuit, and I have given it construction. The terms " shall unlaw
fully whip or beat any slave not under his charge," " without reason
able provocation," seem to me convertible. 'For if the beating heW
excusable from reasonable provocation, it cannot be unlawful. So if!
the beating be either 'jvithout provocation, or^is so enormous, that fhe 1
provocation can bo no excuse, then it is unlawful. "What is sufficient ¦
provocation by word or deed, is a question for the jury. The ques- '
tion is, whether as slave owners, and reasonable men, if they had
been in the place o,f the defendant, they would have inflicted thef
whipping or beating which the defendant did 1 If they answer this '
question in the affirmative, then the defendant must be acquitted, •
otherwise, convicted.
• Sec 20. The Acts of 1821 and 1841, are eminently wise, just, and
humane. -They protect slave.?, who dare not raise their own hands
in defence, against brutal violence. They teach men, who are whol
ly irresponsible in property, to keep their hands off the property of
other people. They have wiped away a shameful reproach upon us,
that we were indifferent to the lives or persons ofour slaves. They

20 Negro Law op South Carohita.
have had too, a. most happy effect on slaves themselves. They knotr
now, that the shield ofthe law is over them, and thus protected, thejr
yield a more hearty obedience and effective service to their masters.
p, L. 173. Sec 21. By the last clause of the 37th sectioh of the Act of 1740,
it is provided if any person shall wilfully cut out the tongue, put out ,
the eye, castrate, or cruelly scald, burn, or deprive any slave of ahy~"j
limb, or member. Or shall inflict any other cruel punish'meht, other
than by whipping, or beating with a horse-whip, cowskiii, switch, or
sraall stick, or by putting irons on, or confining or imprisoning sxtet
slave, every such person shall, forievery such offence, forfeit the sun* j
The state vs of £100 cu.rrent money, equal to $61 23-lCO. This provision it hffiH
Wilson, ^hev. been held extends to any cruel beating of a slave.
Rep. (SoXCa. •' ... .,.,..
Rep.)p, 168. Sec 22. The provision is humane, but the punishment latoo slight
for such scandalous offences.
, Sec 23. To secure convictions under this part ofthe 37th scc'tifih,
and also where slaves were killed, it was provided, in the 39th Se'c-
tion, that if a slave suffered in life or limb, or was cruelly beaten or
P, L, 173. Ij^iused, where no ^hite person was present, or being present, shall
neglect or refuse to give evidehee — ih every such case the owner or
«erson having the care and management of the slave, and in whdsie
possession or pow^r the slave shall be, shall be ailjudged guifty, un
less he can make the contrary appear by godd and sufficient evi
dence, or shall, b-y his own oath, clear and exculpate hirnself. This
McC provision has been considered as applicable to trials under the Act oC-J
. 1821, and a prisoner charged with the murder of a slave, has been '
allowed to exculpate himself.
Sec 24. This is the greatest temptation ever presented to perjury^
and the Legislature ought to speedily remove it.
A| Sec. 25. The 3Sth section ofthe Act of 1740, requires the ©>wnerB
of slaves to provide them with sufficient clothing, covermg an-d food,
and if they should fail to do so, the owners respectively are declared
to be liable to be informed against to the next nearest Justice ofthe
Peace, (Magistrate now.) who is authorized to hear and determine
the complaint ; and if found^o be true, or in the absence oTproof, if
the owner will not exculpate himiself by his own oath, the inagistrate
may make such order as will give relief, and may set a fine not ex
ceeding £20, current money, equal to $13 66-100, on the ewner, to be
levied by warrant of distress and sale ofthe offender's goods.
Sec 26. This provision, it must be remarked, (leaving out the
exculpatory part) is a very wise, and humane one, except that the
penalty is entirely too slight. I regret to^say, that there is in such a
State as ours, great occasion for the enforcement of si!refe'»a law, ac
companied by severe penalties. It might be proper, that this raatter
should by the direction of an Act, hereafter tobe passed, be' given ire
charge to the Grand Jury, at each and every term, and they bet

The State vs.
Rains, 3d

T. L, 173,
^ Stat. 411.

Negro Law op South Carol(»a. 21
solemnly enjoined to enquire of all; violations of duty, on the part of
masters, owners, or eraployers of slaves, in furnishing thera with
Bufficiei.t clothing, covering, and food,; and the law raight ahso direct
that every one by them reported, should be ordered instantly to be
indicted. Sec 27. It is the settled law of this State, that an owner cannot Fairchild va.
abandon a slave needing either medical treatment, care, food or rai- Rep! la"""'
ment. If he does, he will be liable to any one who raay furnish the
same. In Fairchild vs. Bell, that good mah, and great Judge, Wilds, cohen, 2d
whose early death. South Carolina had good cause to deplore, said, S""'"'«' *''^-
in the noble language of a Christian and patriot. " the law would
infer a contract against the evidence ofthe fact, to compel a cruel and
capricious individual to discharge that duty, which he ought to have
performed voluntarily. For as the master is , bound by the most
solemn obligation to protect his slave from suffering, he is bound by ^
the same obligation to defray the expenses or services of another to/|
preserve the life of his slave, or to relieve the slave from pain and dan
ger. T/te slave lives for his master's service. His /time, his labor, his \
comforts, are all at his master's disposal... The duty of humane treat- \
ment and of medical assistance, (when clearly necessary) ought not {
. to be withholden. ¦
Sec. 28. By the 22nd section of the Act of 1740, slaves are protec- J-^^^ |,^'
ted from labor on the Sabbath day. The violation of the law in this •
respect subjects the offender to a fine of £5 current money, equal to i
¦$3 7-100, for every slave so worked. j
Sec. 29. By the 44th section ofthe sarae Act. owners or other pev-f-f- '^'J- •
•' ' . 7 Stat, 413,
flons having the care and management of slaves, are prohibited from /
working or putting the said, slaves to work for more than 15 hours i
from the 25th March to 25th September, and 14 hours from 25th
September to 25th Match, under a penalty of £20 current money,*
equal to $13 66-100 foi- every offence.
Sec. 30. The time Ijmited and allowed for labor in this section is too
much. Few masters now demand more than 12 hours labor from 1st
March to lst October, and 10 hours from the 1st October to 1st Marcb,
This, after allowing suitable intervals for eating and rest, is about as
much as humane prudent masters will demand.
Sec. 31. A slave may, by the consent of his master, acquire and hoBs™ ys, Per-
hol'd perwotioi.property. All, thus acquired, is regarded in law as that carmiiie'v's, tiie
-.r^u.. ».r.»+A.. Adm'r.ofCar-
of the master. miUe, 2 mcMuII
Sec. 82. The only exception is under the 34th section of the Act ^'^'^L'^ih
of 1740, iwhich makes "goods acquired by traflic and barter for the par- The state v«
, ,..„„.,, ¦. Mazyck,3dRich.
ticular an4 peculiar benefit of such slave, boats, canoes, orpermugers 291
in the possession ofa skve, as his own, and for his own use ; horses, 2.yck,3d Rich. '
ttiares, rieit cattle, sheep or goats, kept, raised or bred for the use of*'^'
any slave, liable to be seized B'y any one, and forfeited by the judg-

¦22

Hichardson vs,
llronghion,Cola.
Spring, li^-. 3
Lawilpporter,
nfvf series, 120.
Clarke ads.
Blake. 3d McC,
179,

t
2 Moultrie's
Mem. 355 -3S6|

Grepg vs. Thomj
6on.2d Con, Re'
XMlll 331.)

Negro Law of South Carolina.
ment of an5' Justice (magistrate) befoi-e whom they maybe brought.
Sec. 33. Under this section, it has been lately' held, fhat no one
can enter on the plantation ofthe master to make such seizure.
Sec 34. A seizure can therfefore only be made when a slave is
found, as owner, in possessiorf of the contraband articles, outside of
his master's plantation.
Sec 35. Tliis qualification may render the ia'W harmless. Still it
owght to be repealed. The reasons which led to its enactment have
all passed away. It is only resorted to, now, to gratify the worst
passions ofour nature. The right of \he master, to provide as com
fortably as he pleases fdr his slave, could not be, and ought not to be
abridged in the present state of public opinion. The law may ver-y
well compel a master to furnish his slave with proper, necessary,
wholesome, and abundant raiment and food ; but certainly no Ifegis-
lator now, would venture fo say to a raaster, you shall not allow your
slave to have a ca'oop. to fish with, or to carry vegetables to market
Or that he should not be allowed to have a horse to attend to his
duties as a stock-minder in the swamps, savannas, and pine forests of
the lower part of the State, or that a family of slaves should not have
a cow to furnish thera with milk; or a hog to make for them meat,
beyond iheir usual allowance. All these are matters between the
master and the slave, in which neither the public nor any prying,
meddling, mischievous neighbor, has any thing to do. Experience
and observation fully satisfy me that the first law of slavery is that
of kindness from the master to the slave. With that properly incul
cated, enforced by law. and judiciously applied, slaverybecomes a
faraily relation, next in its attachments to that of parent and child.—
It leads to instances ofdevotion on the partof the slave, which would
do honor to the heroism- of Rome herself'* "With sueh feelings on
our plantations, what have we to fear from fanaticism? Our slaves
would be our sentinels to watch over us; our defenders to protect our
firesides frora those prowling harpies, who preach freedorti, and steal
slaves from their happy homes.
Sec 36. A slave cannot contract, and be contracted with. This
irinciple was broadly laid down by the Constitutional Court, in a
'case in which a note was given by the defendant to the plaintiff's
slave by name, and the plaintiff brought the action upon it. From
this decision. Judge Cheves dissented, upon, I presume, the ground
that the master had the right to affirm the contract, and make it his
own, and consider it for his own benefit. In it. I think, he was right, oji

1

I

• In 1812, February, Professor Chas. Dewar Simmons on his return to Columbia from
Charleston, found the Haughabook Swamp entirely over the road. In attempting to cross
on horseback, he was wash'ed off the road atid separated from his horse. He first succeeded m
reachinga tree, then constructed a rati of rails tied with his comfort. Three times his slave
Marcus, swam in to his rescue. His master told him he could not help him, save himself; but
he persisted until both perished together.

Negro Law op South Carolina. 2S
the principle thatthe. acquisition ofthe slave is his master's, and fhat
a slave's contract is like an infant'siwith an adult. It is not binding
on the slave, but if the master affirm it, the .clefendant cannot be dis
charged. Sec 37. A slave cannot even legally contract marriage. The
marrjage of such an one is morally good, but ip point of law, the
union of slave and slave, or slave and\ free negro, is concubinage
merely. Sec 38. The consequence is, that the issue of a marriage between
a slave and a free negro, are illegitimate, and cannot inherit from
father or mother, who may be free.
The hardship of such a case, where the issue of free negroes mar
ried to one another can inherit, might ve:ry Well lead to a judi-
ciou,s enactment to remedy it.
, Sec 39. A slave cannot testify, except as against another slave, 13 and t4th aee,
free negro, mulatto, or Hiestizo,, and, that without oath. v.tAm.^™'
Sec.' 40. The propriety of this is wo'W so doubtful, that I think the '^*''"'*'""''^-
Legislature would do well to repeal this provision, and provide that
slaves in all cases, against other slaves, free negroes, mulattoes, and
mestizoes, raay be examined oft oath.
Sec 41. By the Act of 1834, slaves are prohibifefL-.tobe taught Acts of '34, p 13.
to read or write, under a penalty (if a white jiersorinW^^&nd) 46(h'sec^'on74o,
not exceeding $100 fine and six months iijiprisonment, ifl^^free
person of color," not .exceeding 50, lashes and a fine of $50.
Sec 42. This Act grew out of a feverish stfite of excitement pro-
. duced by the impudent meddling of persons out of the slave States, ^
with their peculiar institutions. That has, however, subsided, and I
trust we are nbw prepared to act the part of wise,, humane and fear
less masters, and that this law, and all of kindretp; character, will be
repealed. When we reflect, as Christians,. how can ¦'oe justify it, that
a slave is not to be permitted to read the Bible? j It is in vain to say
there is danger in it. The best slaves in the Sfate, are those who
can and do read the Scriptures. Again, who is it that teach your
slaves to read? It generally is done by the children ofthe owners.
"Who would tolerate an indictment agaifig't; his son or daughter for
teaching a favorite slave to read 7 Such laws look io me as rather
cowardly. It seems as if we were afraid ofour slaves. Such a feel
ing is unworthy ofa Carolina master. , ,
Sec 43. The 2d section of the Act of 1834, prohibits, the, employ- ''Sta'-^«8--469.
ment ofa slave, or free person of color, as a olerk or salesman, under
a penalty not exceeding $100 fine, and imprisonment not exceeding 6
months. ,
Sec 44. The 1st section ofthe Act of 1800, prohibits the assem- '' ®'^'' **'''"^-
blies of slaves, free, negroes, mulattoes, or mestizoes, wither without
white persons, in a confined or secret place of meeting, or with gates

^

S4 Negro Law op Sooth Carouwa.
i'atroT\ct''or's^9' *"''''"""* °'" '^"°'* place of meeting barred or bolted, so as to prevent
11 Stat. 59-6a the free ingress and egress to and from the same ; and Magistrates,
Sheriffs, Militia Officers and Officers of the patrol, are authorized to
enter, and if necessary, to break open doors, gates, or windows, (if
resisted) and to disperse thefslaves, free negroes, mulattoes or mesti
zoes, found there assembled. And the officers mentioned in the Act
are authorized to call sucljr force and assistance from the neighbor
hood, as they may deem necessary ; and may, if they think necessary,
impose corporal punishment on such slaves^ free negroes, mulattoes,
or mestizoes, and if within Charleston, they may deliver them to the
Master ofthe Work House, who is required to receive them and inflict
any such punishment as any two Magistrates ofthe City may award,
not exceeding 20 lashes. If out of the City, the slaves, free negroes,
mulattoes and mestizoes found assembled contrary to this Act, may
¦ , be delivered to the nearest Constable, who is to convey them to the
nearest Magistrate, and to inflict under hia order, punishment not
7 Stat, 441. -exceeding 20 lashes.
7Stat 448 '^^°' *^' The 2d section of the Act of 1800, which prohibited meet-
Bell ads. Gra- inss for the religious or mental instruction of slaves, or ftee negroes,
ham, 1 N, and ^, ^ , , ^ , . . n , r , ¦
Mc, 27S. mulattoes or mestizoes, before the rising of the sun, or after the going
down ofUie same, was very properly altered by the Act of 1803, so
I3ih f P as^^pohibit the, breaking into any place of meeting, wherein the
(trol Act of '39, mffloers of any religious society are assembled, before 9 o'clodk at
^ night, provided a majority are white people. After 9 o'clock at night,
i or before, if the meeting be composed of a majority of negroes,
\ ' (although white persons may be present,) it may bedispersed by
\ Magistrates, Sheriffs, Militia Officers, and Officers of the patrol, and
\ slaves, free negroes, mulattoes and mestizoes may be punished not
I I N, and McC. exceeding 20 lashes.
» ^^' Sec 46. In the case of Bell ads. Graham, it was held that these
Acts could not justify a patrol in intruding on a religious meeting, >in
the day time, in an open meeting-house, where there were some white
people, although there might be a majority of negroes.
' Sec 47. The 2d section ofthe Act of 1800. and the amendatory
Act of 1803, are treated now, as dead letters. Religious meetings of
negroes, with only one or more white persons, are permitted by night
as well ashy day. They ought to be repealed. They operate as a
reproach upon us in the mouths of our enemies, in that we do not
afford our slaves that free worshipof God, which he demands for all
his people. They, if ever resorted to, are not for doing good, but to •
gratify hatred, malice, cruelty or tyranny. This was not intenjled,
and ought to have no countenance or support, in our Statute law.
Sec 48. The 40th section ofthe Act of 1740, regulates the appa
rel of slaves, (except livery men or boys) and prohibits them from
-wearing any thing finer, other or of greater value than negro cloth,

Nbqro Law or'.SooTH Carolina. 25
duffils, kerseys, osn;iburgs, blue Ifhen, check linen, or coarse garlix, v. 1. 173.
or calicoes, checked cottons or Scotch plaids; and declares all gar
ments of finer or other kind, to be liable to seizure by any constable
as forfeited. ^
Sec 49. This section has not. within my knowledge, ever been
enforced. Indeed, if enforced now, it would make an immense booty
to sorae hungry, unprincipled seeker of spoils. It ought to be
repealed. ^
Sec. 50. The 42d section of the Act or^l740, prohibits a slave orp ^ j^^^
slaves from renting or hiring any houSe. room, store or plan
tation, on his own account. Any person offending against this Act,*
by renting or hiring to a slave or shives. is liable fo a fine of £20 cur
rency, equal to $13 66-100, to be recovered on cjimplaint made to any
m.igislrate. as is directed in the Act for the trial of small and meanP. L, 213,
causes. Sec 51. The 43cl section ofthe Act of 1740. whicii declares it to „ , j,..
be unlawful for more than 7 male slaves in conipany, without some
white person accompanying them, to travel together any ofthe pub- *
lie roads, and on doing so. makes it lawful for any white person to
take them up and punish tht:m by whipping, not exceeding 20 stripes,
is, I lira afraid, of force, unless it be considered as irapliedly repealed
bythe restriction on the patrol, to whip slaves found out of their^|''i.^^,';'„°^^5'
•' 1 . J- of'39, UStat.bO.
owner's plantation without a ticket hi writing.
Sec 52. The occasion for such a law has passed away. Publio
opinion has considered it unnecessary, aiid like every useless severity,
mercy, has condemned it. It would be well that it should be repealed.
Sec 5.3. The Act of 1819, 5th section, repeals the 23d section of j^ctsofisw p.
the Act of ]740. The law now, makes it unlawful for any slave, |''j ,gg
except in the compiinv and presence of some white person, to carry or The state vb.
' r .' r r 1 j Catlel, 2d Hill,
make use of any fire arms or other offensive weapon, without a ticket 291.
or license, in writing, from his owner or overseer; or unless such
slave be employed to hunt and kill garae, mischievous birds or beasts (
of prey, within the limits of his raaster's plantation, or unless sueh
slave shall be a watchman in and over his owner's fields and planta
tion. If this law be violated, any white person finding a slave carry
ing or using a gun or other offensive weapon, without a ticket or
license in writing, from his owner or' overseer, or not used to hunt
game,&c. within the plantation, or as a watchman in the same, raay seize
and appropriate to his own use, such gun or offensive weapon. But
to make the forfeiture coraplete and legal, the party raaking the seiz
ure, must, within 48 hours after the seizure, go before fhe next Magis
trate, and make oath of the manner of taking, and then, after 48
hours notice to the owner or overseer having charge ofthe slave, by
summons to shew cause why the articles should not be conderaned,
(the service ofthe summons being proved on oath,) the Magistrate
4

26 NEGRb Law or Sooth Carolina.
may, by certificate under his hamjf^and seal, (if he be satisfied that
the arhas have been seized according to the Act of 1819) declare the
same to be forfeited.
7 Stat. 462. ^^¦°- 5*- The 6th section ofthe Act of 1822, declares it to be un'law-
ful-to hire to mate shives theiVown fime; and if this law be violated,
the slaves are declared liable to seizure and forfeiture accordingto
the provisions of the Act injthe case of slaves coming'info this State.
Sec 55. Whether this provision relates to the 4th section of the
Act of 1816, 7 Stat. 453, or fo the 5th section of the Act of 1803, 7
^Stat. 450, is indeed sor^lewhaf uncertain. The Act of 1816, and all
its provisions were repealed' by the Act of 1818, 7 Stat. '458. The
Act of 1803, seems to be unrepealed, and hence, therefore, I presume
the proceeding to forfeit raust be under it. By it the proceeding is
to be in the narae ofthe State, in the nature of an action of detinue.
P.L, 172. Sec 56. The latter part ofthe 36th section ofthe Act of 1740,
- declares that any raaster, or overseer, who shaU perrait'or suffer his or
their negro or other slave or shives, af any tirae fo beat drums, blow
horns, or use any other lond instruraents,- or whosoever shall .suffer
and countenance any public meeting Or feastings of strange negroes
or slaves, on their plantation, shall forfeit £10 current money, equal
to $6 88-100 upon conviction, orprOot, provided information or suit be
comraenced within one raonth.
Sec 57. This provision is one so utterly unnecessary, that the
sooner it is expunged frora the Statute book, tfie better. Indeed it is
not only unnecessary, but it is one under which most masters will be
liable, whether they will or not. Who can keep his slaves from
blowing horns or using other loud instruments?
7Stat.450. Sec 58. The 2d section ofthe Act of 1803. prohibits the iraporta-
tion of any negro, mulatto, mestizo, or other person of color, bond or
free, from the Bahama, West India Islands, or South Araerica. and
also from other parts, of all of those persons who have been resident
in any of the French West India Islands.
Sec 59. The 3d§ection provides that no male slave above the age
of 15 years shall be brought into ihis State from any of "our sister
States, unless the person importing such negro shall produce and file
in the oflice ofthe Clerk ofthe District, where the person so import
ing may reside, a certificate under the hands of two ningisf rates, and
the seal of ihe Court ofthe District where fhe slave so imported resi
ded for the last twelve months previous to the date ofthe certificate,
thathe is of good character, and has not been concerned lu any insur
rection, or rebellion.
Sec. 60. Under the 5lh section, if slaves be brought into this State
in violation ofthe provisions ofthe 2nd and" 3d sections, fhey are de'^
clared to be forfeited, one half to the State, the other half to the
informer; tobe recovered in the name of the State, by action in the

Negro Law op>SonTH Carolina. 27
nature of an action of detinue, in which it is not necessary tn prove
tliat the defendant was in possession, at the commencement of the
suit, and_ the informer is a corapetent witness.
Sec 61, The 3d section of this Act has been so often violatedi that
it could hardly be enforced at presenl,,"without great injustice. Still
the provision is a wise one. No greater curse has ever been inflicted
on South Carolina, than the pouring upon her ofthe crirainal slavea
of our sister States. It raight be vyell for the Legislature, in revising
(which I hope they will speedily do) our Code Noir, to re-enact this
provision. Sec 62. The Act of '33, raakes it unlawful to bring into this State gth sec 7 Stat
originally, or to bring bn^kinln tliis State, after being carried out of ^^2-
It, any slave-frora any port or plaee in the We^t Indies, or Mexico, or
any part of South America, or from Europe, or.frora anysister State,
situated to the north ofthe Potomac River, or' city of Washington,
under the penalty ol" $1000, for each slave, to^ be recovered in an
action of debt, and lorfeiture ofthe slave;
This provision does not extend to runaway slaves.
Sec 63, By the Act of '47, any slave carried' out of this State, in
the capacity of Steward, Cook, Fireman, Engineer, Pilot, or Mariner, Actof'47,11
,_ , , I ,. ¦ , , 'Stat. 433.
on board any stearaer, or other vessel trading with any port or place
in the Island. of Cuba, may be brought back into this State, if he raay
not in his absence have visited some other port or place in the West
Indies other than the Island of Cuba, or a port or plaoe in Europe,
Mexico, Sonth Araerica or any State north ofthe river Potomac and
Cily of Washington.
• Sec 64. The 7th section af the Act of '35, providing for the con--, _.
' ^ = The State "TS.
deranafion and forfeiture ofa slave by a Court of a Magistrate and 'Simmons, et al.
Freeholders, was declared by the whole Court of Errors, in fhe State" '
vs. Simmons, et al., to be unconstitutional. How the forfeiture
declared in the 6th section is to, be cfirried "Ut, is somewhat doubt
ful. I suppose it might be a part of the judgment on the indictment
and conviction ofthe owner for bringing back a slave, which he had
¦carried to fhe prohibited places. The whole provision had better he
repealed. Slaves visiting free States find nothing to enamour tliiein
¦of negro freedom there': in general, after all the labors of love of 'our
negro-loving brethren of the free States, they, in general, return to
their Southern homes, better slaves. Forfeitures, too, may occur
Mti'der this Act. which none of us would bear. Every servant, (negro,
mulatto, or raesiizo,)who has been in Mexico during the war, and
who has returned, is liable to be forfeited, and his master to pay a
fine of $1000. Could the law be enforced in such, a case ? We have
nothiag to fear, if the whole Act of '35 be repealed. It ought to be,
for no law should stand, whioh public opinion, in many cases, would not
suffer to be enforced. Indeed there are few, very few cases, where the

28 Negro Law op SoCth Carolina.
Act of '35 could meet with public favor. I speak unreservedly, for I
am talking to friends, slave-holders — citizens of a State, whom I
love, and whom I would have to be, "without fear, and without
reproach."

i
<
CHAPTER III.
Grimii (f Free Negroes, Mulattoes, Mestizoes, and Slaves^- TTieir
Punishment and Mpde of Trial, including tlie Law a,s to Runaways
dnd- ihe Patrol.
Sec 1. The general rule is, that whatever would be a crime at
otJmnlon law, or by Statute, in a white person, is also a crime of the
same degree, in a free~negrO, mulatto, mestizo, or slave. In some
instances the punishment has been altered, in others nf w offences
have been created. There are alsp cases, In whirh the slave or free
negro, raulatto or raestizo, from his status, would be guilty of a higher
crime than a white per.=on would be. under the same circumstances.
The state vs. These will be tried to be fully noticed, in this digest. Whenever a
Crank, 2d Bail, slave Commits a crime by the comraand, and coercion of the master;
mistress, owner, employer, or overseer, it is regarded as the crirae of
the master, mistress, owner, eraployer, or overseer; and the slave is
not criminally answerable. '
Sec 2. A free negro, mulatto or mestizo, cannot lawfully strike
any white person, even if he be first stricken, and therefore, if he
commit, homicide ofa white person, generally, he cannot be guilty of
manslaughter ; he is either guilty of murder, or altogether excused.
/ suppose if one without authority to govern or control a free negro,
mulatto, or mestizo, were in fhe act of endangering life or limb of the
free negro, mulatto, or mestizo, and he, to defend himself and save
life or limb, were to slay his assailant, it might be ejscusable. A free
negro, mulatto, mestizo, or slave, slaying one of the same status,
would be guilty of raurder, manslaughter, or be excused, se defen-
dendo. as in the case of white people, af common law.
P, L, 167, ^^''^ ^- '^^^ ^^'"^ section ofthe Act of 1740. declares a slave who
7 Slat, 402. Bhall be guilty of homicide of any sort, upon any white person, except
it be by misadventure, or in defence of his master or other person,
under whose care and government such slave shall be, shall, opoo
conviction, suffer death.

Negho Law oe^'Soutu Cirolina. 2S)
This seeras to conflict in some degree, with what is said, 3d chap.
1st section. Still, I think what is nlTirmcd there, is law. A homicide
committed bythe coraraand and coercion ofthe master, is not one of
which the slave is guilty, but the master is alone guilty ofif.
Sec 4. By the 24th section ofthe Act of 1740, it is provided, if a p. L 169,
slave shall grievously wound, maim, or bruise any white person, unless ' ^'"'" *""¦
it be by the coramand, and in the defence of the person or properly *
ofthe owner, or other person having the care or governraent of such
slave, such slave on conviction, shall suffer detith.
Sec 5. The 18th section of the Act of 1751 (which having altered 7 stat. 42;;,
"the Act of 1740, is by the Act of 1783, continuing fhe Act oV 1740,|;,,'j'^3,'f''j,?|,';';,^:
continued, instead of the parts altered) give^ to the Courts trvinn- '^a. chavi.stou,
any negro or other slave, for any offence under the Acts of 1740, or Sirob,
1751. where any favorable circumstances appear, the power to raiti-
gate the punishment by law directed to be infiicted.
Sec 6. The raeaning ofthe words grievously wound, ranim. of
bruise, has never received any precise adjudication. In the case of
the State vs. Nicholas, a portion ofthe Court indicated their opinion
to be, that to grievously wound, maim, or bruise, meant such an
injury as might endanger life or limb. Tliisi-is. I think, the true
meaning. The subject, before '48, passed under my review, in fhe
unfortunate case, in York, which led tn the pa(ssage of the Act of '43.
In that case, the lady on whose body the outrage was atterapted, was
seriously bruised, yet so, as in no way to endanger life. I thought,
and so decided, that the slave Was not guilty of a capital felony.
Sec 7. By the Act of 1843. any slave or/ree person of color, (mean- ^ stat, 258,
ing any Iree negro, mulatto, or mestizo) who shall coraraitan assault
and battery on a white woman, with intent to coramit a rape, shall
on conviction, suffer death, without the benefit'.of clergy.
Sec 8. The 24th section of the Act of 1740', declares any slave, p. j, les,
who shall strike any person, unless it be bythe coraraand and hi ^ ®"''' ^"^
defence of the person and property of the master, or other persort
having the care and government of such slave, fof the 1st and 2nd
offence, liable to such punishment as ffTeCoUrt may think fit, not
extending to life or limb, and for the 3d (tonce. to the punishment of
death. Under the 4th section, and this o^^he 3d chapter, it ought
to be remarked, that tliat portion of the 24tli section of the Act of
1740, which exempts a slave fronvfiunishment for acting in obedience
to his master and in his defence, requires more to raake out his
exemption than the Act intended. For it not only requires that the
striking, wounding, maiming, and bruising, should be under the com
mand of the master, but also in defence of his person or property. Ei
ther the comraand ofthe owner or other person having the care or gov
ernment ofthe slave, the defence of his person or property should be
enough. The law ought to be so amended. Any slave seeing a white

¦30 NegrO Law of South Carolina.
man about fo knock his raaster do^wn, or in the act of stealing his
properly, ought not fo wait for' a command — his blow in defence,
under such circumstances, is good and ought, to be lawf'iL
P. L. 167. Sec Ol The 16th section of rthe Act of 1740. provides that any
slave, free negro, mulatto, Intffan, or raestizo, who shall wilfully -And
maliciously, burn or destroy a'ny stack of rice, corn, or other grain, of
* the produce, growth, or manufacture of this State, or shall wilfully
and maliciously set fire to, burn or destroy any far kiln, barrels of
pitch, tar, turpentine or rosin, or any other goods or commoditiesy the
growth, produce or manufacture of this State, or shall feloniously
'steal, lake, or carry awfa'y any slavCj being the property of another,"
with intent to carry such slave out .of the State, or shall wilfully and
maliciously poison, or jidminister any poison to any person, freeman.
woman, servant, or slave, shall, suffer death. Over these and all
other offences, lor wl\icli, under the Act of 1740, death raay be the
punishraent. the Coiirt, under the 18th section of the Act of 1751,
mentioned in the 5thW:Ction of the 3d Chapter of this Digest, have
the power of raitigatinpg the punishraent. The term Indian,^ used in
this 16th section of the Act of 1740, raeans either a freed Indian, (one
' who was once a slave) or an Indian not in amity, with-lhis govern
ment. (See 3d section of 1st Chap.) In the case ofthe State vs.
]y^; =""^ *''='^- Whyte and Sadler, it was held that the Act of 1754, raaking it a
felony without clergy, to inveigle, steal, or carry away any slave,
applied fo slaves, as well as to free people, and hence therefore, that
¦it repeals that provision ofthe Act of 1740, which raade it capital, on
the part ofa slave, '-to 'steal, take, or carry away any slave, the pro
perty of another. ictiA ^idjii to carry such slave out of the State. I
think the decision very questionable. For in 1783, the Act of 1740
was continued as law, without noticing this supposed repeal of 1754;
If the Act of '54. ii this respect, and not the Act of '40, is to govern
slaves, then every slave aiding another in running away, is liable to
be hanged. This certainly is rather a hard consequence.
P, L, 16?. 7 Stat. Sec 10. By the 17th section of the Act of 1740, and the 14th
' ' ¦ section of the Actof 1751, amlndingthesame, any slave, whoshallraise
or atterapt to raise an insurrection, or shall delude and intice any
slave to run away and leave this State, and shall have actually pre
pared provisions, arms, aramunition, horse or horses, or any boat.
canoe, or other vessel, whereby the guilty intention is manifested,
is liable, on conviction, to be hanged, unless the Court, from favora"
able circumstances, should mitigate the sentence, or from several
being concerned, should be disposed to select some, on whom they
would inflict other corporal punishment.
f70^7'l^t"'^4t7. ^^^- 11- ^ ^^"-^^ ^^° ^'^'*" harbor, conceal or entertain any slave
that shall run away, or shall be charged or accused with any crimi-i

Negro Law of'^odth Carolina. 31.
nal matter, shall suffer such corporal punishment, not extending, to
life or limb, as the Court may direct.
Sec 12. A freo negro, mulatto, or raestizo, who in 29th section of; . .,-„,
'^ ' ' Acts of 1821, p-
the Act of 1740, was liable to a penalty fbr harboring a slave, is by 'm 7S(ai.460,
the Act of 1821, (which operates as ah implied repeal.) if he or she wSod, Uud. 164.
harbor, conceal or entertain any fugitive or run away slave, liable
on conviction to such corporal punishment, not extending to life or *
limb, as the Court may in their discretiori?think fit,
' Sec '13. The 30th section of tho Act of 1740, prohibitsany slave p.l. 170, 171,
residing in Charleston frora btiying, sellingiydealing, trafficking, bar- '' '^""' ^°'"^" ^
tering, exchanging or using comraerce fbr any goods, wares, provi
sions, grain, victuals of any sort or kind whatsoever, (except slaves
who, with a ticket in writing frora their owner or eraployer, may
buy or sell fruit, fish and garden stuff, or may/be eraployed as por
ters, carters, or fishermen — or may purchase any thing for the use
of their masters, owners, or othisr person, whi. raay have the care
and government of such slaves in open marketC) All goods, wares,
provisions, grain," victuals or commodities, in which such traffic hy
slaves is carried oh, are liable to be seized ao'd forfeited, and raay
be sued for and recovered before any Magistrate of Charleston, one
half to the inforraer, the other half to the poor of the parish of St..
Philip's, and the Magistrate by whom the forfeiture is adjudged, ia
authorized to inflict' corporal puuishmeni on the slave engaged in „,
^ ' = "= 3lst sec Act ot
such traffic, not exceeding twenty stripes. The 31st section prohibits 1740, 7 stat. 409,
any slave belonging toCharleston, from buying any thing tosell again,
or from selling any thing on their own account in t/harleston. All
goods, wares and merchandize purchased or sold in contravention of
this section, are liable to be forfeited by the judgment of any Magis
trate of Charleston, one half to the use of the poor, the other half
to the informer. »
Sec 14. If any slave, (vvithout the command of his or her raaster, p.L,27S.
mistress, or overseer, evidenced by a ticket in writing,) shall shoot
or kill between the Ist'of January, and the last day of July in each
year, any fawn, (deer.) or any buck, (deer.) between the lst of
Sept. and last day of Oct., and between the 1st day of March and
last day of April, such slave, upon conviction before a Magistrate,
by the oath of a su, ficient witness, or the co . ession of the said
slave, shall, by order of the Magistrate, receive 20 lashes onthe
bare back, unless security be given for the payraent within one
month of the fine imposed by the Act, on white or free persons, £2
proclamation money, equal to $6 44-100 for each fn w ¦ or buck killed.
If the slave shall kill a doe, between the 1st day of March, and the sj and 7th sed
1st of Sept., without the consent and privity of fhe owner or over- *'^'
seer, such slave is liable, on conviction before a Magistrate and four

32 Negro, Law- or South Carolina.
freehol.lers (sworn according to the 4th section) to receive 39 lashes
on Ihe bare back.
Skc 15. a slave detected in fire hunting, or who shall kill in the
r.L.iSff. iniglit-liine, any deer, horse ortneat cattle, or stock of any kind, not
the property of his master or owner, without the privity or consent
of the ov/ner or overseer of the said slave, such slave, on conviction
• before a Court of one Magistrate and four freeholders, sworn to the
best of their judgment, wiifliout partiality, favor or affection, to try
the cause now depending,between the State, Plaintiff, and B. the
slave of C. Defendant, anil a true verdict give, according to evi
dence, is liable to receive 39 lashes on the bare back. ¦ ,'
Sec 16, Any slave.\who, not in the presence and by the direction
of some white person, shall mark or brand any horse, mare, gelding,
colt, filly, ass, raule, bull, cow, steer, ox, calf, sheep, goat or hog,
Btc. Actor'69. is liable to be whipped, not exceeding 50 lashes, by the order of any
Magistrate before whora the offence shall be proved by the evidence
of any vvhite person' or slave.
Sec 17. The Act of 1834: authorizes the Court, before which a
Acisor'34,p. 12. slave or free person of color is convicted of any offence, not capital,
to punish the offender by iraprisonment, provided this Act shall not
abolish the punishments which were then by lavv iraposed. Under
this Act, the question ^wil I arise, whether the punishment by impri
sonment is cumulative ;. or whether, when resorted to, it is in place
of the other punishraent to which the oS'ender is liable. I incline to
the opinion, that the punishraent is not curaulative, but maybe
substituted for other punishment, at the discretion of the Court.
The state, e.T re. Sec 18. A slave guilty of insolence to a white person, maybe
vs.'Mag.FUKi'"" tried by a Court of a Magistrate and freeholders, and punished at
Mario.l^isi."2 '''^''''' 'li^^Kretio'i, not e.tten.ling to life or limb.
''"¦°''- Sec 19. " No free person of color," (mea.mr\g, I suppose, "no free
negro, raulatto, or mestizo") or slave, can keep, use or eraploy a still,
or other vessel, on his own account, for the distillation of spirituous
Act of i.'J3i, lst liquors, or be eraployed or concerned in vending spirituous liouors of
and 2d sec. p. 13. , , ' , , , . , , , , „ .
any kind or description, and on conviction thereof, is regarded as
guilty of a raisderaeanor, and is fo be punished not exceeding fifty
lashes, at the discretion of the Court; and the still or other vessel
is forfeited, and the same is to be sold under an execution to be issued
by the Magistrate granting the warrant to apprehend the free negro
or slave, and the proceeds of the sale are directed to be paid to the
Commissioners of the Poor.
Actof3l,4thscc- ^'"'- ^^- '^ slave, or free person of color, (meaning as is above sug-
P-'3- gested) who shall commit a trespass, which would subject a white
person to a civil action, and for which no other penalty is prescribed,
is regarded as guilty ofa misdemeanor, and is to be punished at the
discretion of the Court trying him, not extending to life or limb. A

Negro Law of South Carolina. 33
question will arise under this Act, 'whether any civil remedy by way
of trespass, can now be had against any negro, mulatto, or mestizo,
for a trespass by hira or her coramitted?
. Sec 21. A free negro, mulatto, raestizo, or slave, being a distiller. Act of '34, last
vendor, or retailer of spirituous liquors; who shall sell, exciianse, o-ive Paragraph, 3d
, . , 1. . . ,. flf sec,
or Otherwise deliver spirituous liquors to a slave, except upon the n Stat. 469.
written and express order ofthe owner, or person having the care of
l,he slave, shall, upon conviction, (if a slave) be whipped not'exceed-
ing fifty lashes ; if a free negro, raulatto, or mestizo, be also whipped
not exceeding fifty lashes, and fined not exceeding |50; one half o(fii°li'%,
the fine to the inforraer, the other half to the State.
Sec 22. A slave, or free person of color, (raeaning as before sug- j^^j 5^,33 ^a
gested) convicted ofa capital offence, is fo be punished by hanging ;^*'^'P' *'¦
if convicted of an offence not capital, a slave I'is to be punished hyp. 40.
whipping, confineraent in the stocks, or treadmill, or as is prescribed
by the Act of '34, (see ante 1st sec) imprisonraent may be resorted
to. A free negro, raulatto, or mestizo, is liable to the sarae punish
ment, or- may be fined.
Sec 23. In all parts of the State, (except in Charleston,) slaves Act of'39, sec. l
or free persons ol" color, (raeaning as suggested ante 19th sec.) are to ^^|'^|,^fg .,g
be tried for all offences by a Magistrate and five freeholders; the J^j^l^J."^^^^,^ j^^^
freeholders are to be obtained by the Magistrate, who issues the war- 1848,
rant, summoning eight neighboring freeholders, out of whom the pri
soner, (ifhe be a free negro, mulatto, or ifiestizo) or the owner or
overseer, (if a^slave) raay select five to sit upon the trial, and upon
good cause shewn against any freeholder, to be determined by the
Magistrate, another shall be substituted in his place. If the prison
er, the owner, or overseer, should refuse or neglect to raake the selec
tion ofthe five freeholders to sit, the Magistrate may hiraself make
the selection.
Sec, 24. In Charleston, (including the Parishes of St. Philips and oth sec. Actof
St. Michael's) slaves, free negroes, mulattoes and mestizoes, are 'ia-'i^^i'h'sec.Actof
ble to be tried for capital offences by two Judicial Magistrates and l^j'^nfjo, sec.
five freeholders, or slaveholders, who, I suppose, ought to be obtained ^'ijJ'Jp^'Bec,
as directed — ante 22nd section — and in such cases there must be a 1--2, p. 59-60.
concurrence of all ofthe freeholders, and one of the Magistrates; in uiciicias,
cases not capital, they are to be tried by two Judicial Magistrates Jg.g' ''^"'"'
arid three freeholders or slaveholders, a concurrence of a majority of
the jurors and the presiding Magistrate, is enough for conviction ; if
the jurors be unaniraous, then in that case the concurrence of the
¦Magistrate is dispensed with. In all cases, the ministerial Magis
trate, issuing the warrant, is to attend the Court, and act as prosecu
ting officer.
Sec. 25. The anomaly is presented /leT-e of two different systems of

34 Negho Law of South Carolina.
jurisprudence for the State and Charleston. Both cannot be right,
one should give way to the other.
Actof'39, sec. Sec. 26. The jurors when organized, should be sworn by the
' ' Magistrate, to well and truly try the case now pending before you',
and adjudge the same according to evidence. " So help you God.
Act of 1754, see, Sec 27. A slave, free negro, mulatto or mestizo, charged with a
Act of 39, see," criminal offence, is to be tried within six days, if it be practicable lo
28, p. 22. gj^g ^^ least one day's notice ofthe time and place of trial fo ihe free
negro, mulatto, mestizo, the owner, overseer, or other person having
the care and government ofthe slave — which notice must, in allcases,
be fairly given before tM trial can proceed.
Act(rf'39, p, 22/ Sec 28. On the trisfl ofa slave, free negro, mulatto, or mestizo, it
is the duty of the Magistrate to stale in writing, plainly and distinct
ly, the offence charged against the prisoner, and for which he is on
trial ; to this charge' the prisoner ought to be required to answer,
either by himself, or through his guardian, master, owner, overseer,
or other person having the care and government of such slave on
trial, or by the attorney employed to defend suoh prisoner. In every
such trial, the prisonei* is entitled to the benefit ofthe services of an
attorney at law, to defgnd him. The Magistrat'e is bound to keep a
correct statement ofthe testimony given against and for the prisoner,
and to annex it to the charge, (the accusation.) The judgraent of
the Court in the country Districts and Parishes, roust be in. writing,
and signed bythe Magistrate and any four of the freeholders, or by
the whole, if they agree. In Charleston, it must be made up as
directed, (ante sec. 23.) and must be signed by thoste required tocon-
Gur in it. It is in allpaj-ts ofthe State to be returned to the Clerk's
office of each judicial district, and be there filed.
Act of '35 sec, 3- ®'^''' ^^' When a sla've, free negrO, mulatto or rnestizo, is capitally
?'1''f.Qo convicted, an application raay be raade to any one ofthe Judges of
aCC Ot (59) SGC. n n'
28, p. 23. the Courts of Law of this State, in open Court, or at Chambers, for
a new trial. The Magistrate presiding, is required for such purpose.
to furnish a full report ofthe trial ; and if from that, as well as from
affidavits on the part ofthe pi-isoner, (which before being laid before
the Judge must be shewn to the Magistrate presiding.) the Judge
should be satisfied the conviction is erroneous, a new trial is to be
ordered, on which neither fhe Magistrate, nor Magistrates, nor any
ofthe freeholders, who before sat on the case, are to sit again. To
afford opportunity for this appeal to be made, or for an application to
the Governor for a pardon, thane, reasonable tirae, must be allowed
by the Court between the conviction and the execution of the sen
tence. Sec 30. Under these provisions, there is not any very well settled
practice. Before a motion for new trial ought to be heard, reasona
ble notice ofthe time and place of such motion should be given to the

Negro Law op South Carolina. 35
Magistrate presiding. When a new trial is ordered, I have always
directed the Clerk ofthe Court to summon the Magistrate and free
holders, who should try the case de novo, and to give notice to all con
cerned, ofthe time and place of trial, and if necessary, to issue sum
mons for the witnesses. This seemed to secure, in the best way I
could devise, consistently with the law,'an impartial administration
of it.
Sec. 31. The right of appeal, in cases not capital, and to afford
sufficient time in such eases, for an application for pardon, ought to
be provided for. For many are the errors and abuses of power cora
mitted in this behalf The whippings inflicted by the sentence of
Courts trying slaves and free negroes, are most enorraous — utterly
disproportioned to offences, and should be prevented by all the raeans
in our power. In all cases where whipping is to be resorted to, I
would lirait the punishment by law, in all cases affecting both black
and white, to forty, save one, and direct it to be |jnf3icted in portions,
and at considerable intervals of time. Thus mangling imprisonment
and whipping together, and holding the rod Suspended, in the con
templation of the party, until the delay itself would be worse punish
ment than the infliction. ;
Sec 32. The tribunal for the trial of slayes and free negroes, (a
Magistrate and freeholders of the vicinage) is the worst system
which could be devised. The consequence is, that the passions and
prejudices of the neighborhood, arising from a recent offence, enter
into the trial, and often lead to the conderanation of the innocent. —
The Charleston scheme is better than that which prevails in the
country. Still I think it none ofthe best, l would establish a tribu
nal to consist of one judicial Magistrate, to be appointed by the
Legislature, to try all crirainal cases against free negroes, raulattoes,
mestizoes or slaves. He should be compelled to hold his Court on
the first Wednesday in every month, at the Court House ; and he
should have the power to direct a Constable, 'Cwhom he should be
authorized to appoint to attend his Courts) to summon 24 freehold
ers or slaveholders of the District, and out of them a jury of 12 should
be empannelledfo try the prisoner, allowing him as far as ten, a
peremptory challenge, and on cause shewn, to the balance , of the
pannel. Tho Magistrate issuing the warrant, should be required to
state the offence and act as prosecuting ofiicer. To the charge thus
presented, the prisoner should be required to answer; and he-should
have the benefit of an attorney's services,,, to defend hira, on the law
and evidence. The judicial Magistrate should be required to charge
the jury on the law and the facts, as a Judge ofthe Law Courts now
does. The jury should siraply say guilty or not guilty. The Magis
trate presiding, should pronounce the judgraent of the law. The
prisoner on conviction .should have the right of appeal to, the Court
of Appeals, and no sentence should be passed until the case was

36 Negro Law of South Carolina.
there heard, and the prisoner remanded for judgraent. The judicial
Magistrate, his Constable, and the Magistrate issuing the warrant,
should be compensated by fees; to be paid, in all cases, bythe State.
Act of '29, p, 28 ^^'^- 33. Under the law, as it now stands, the State is liable for all
"''¦ 1- the costs attending negro trials, (except free negroes, mulattoes, and
mestizoes, in the Parishes- of St, Philips, and St. Michael's, who if
convicted, and able to payi are declared liable to pay the same,' and
P.L. 168. also under the 21st section of the Act of 1740, if the prosecution
against a slave, free negro, raulatto, or mestizo, appears to be mali
cious, the Court trying the case, and satisfied of that fact, may order
and compel the prosecutor to pay the costs.) This provision ofthe
ActEof'29,p.28, 21st section ofthe Actjof 1740, is re-enacted, as to slaves, in the Magis-
sec. 2, ' ]
trates' knd Constables' Acts for St. Philip's and St. Michaers, passed
in 1829.
Exparte Brown, ¦ Sec 34. A slave cannot be twice tried, and punished, for the same
2d Bail. 323, _ j' '
offence. ',
Sec 35. If a slave! be out of the house or plantation, where such
6th sec. Act slave resides, or without some white person in company, and should
P.L. 165. refuse to submit to, arid undergo the examination of any white per
son, it is lawful for such white person to pursue, apprehend, and
moderately correct such slave, and if such slave shall assault and
strike such white person, such slave may be lawfully killed.
Sec 36. Masters, overseers, or other persons, have the power to
apprehend and take up any slave found out of his or her m'aster's or
owner's plantation at any tirae, but more especially on Satarday
Sec. 36 Act of nights or Sundays, or other holidays, not being on lawful business, or
P^^L 172 "°' ^^'th a ticket frora the master, or not having some white perso'O
in company, and even With a ticket, if armed with wooden swords or
other mischievous and dangerous weapons, and to disarm such slave,
and all such mentioned in this section, to whip.
35th sec, ofthe Sec 37. Any person is authorized to take up any runaway slave,
p°L°i69*istsec ^"^' '^ seems, it is now the duty of the person taking up a runaway,
Act of '88. fwhen he knows, or can be informed without difficultv, to whom such
p. L 441. *¦ • '
S3d_sec. Act of slave belongs) to send such slave lo the sard owner, but if the owner
be unknown, then in Charleston District, hve the duty of the person
18th sec. Ordi; taking up such runaway slave to send within five days, the same to
of Charleston, the Work House in the city of Charleston, the master of the Work
315, '^ ^^^' House is to admit every such slave upon a certificate from a Magis
trate of the District, or Maj'or, or one of the Aldermen of the city,
containing the particulars ofthe apprehension of such fugitive slavei,
and requiring his confineraent; in all other parts ofthe State, the
runaway slave is to be sent to the Gaol ofthe District. Itis the duty
ofthe Master, Gaoler or Sheriff, to securely keep the slave so com
mitted, and if the sarae escape by negligence, the Master or Sheriff,
(for the gaoler is merely the Sheriff's keeper,) is' liable to the owner

Negro Law of South Carolina. 37
ftir the 'value ofthe slave, or such damages as m'ay be sustained by
such escape. Inforraation of the slave so committed lo the care o I If''' •?.''''' ^'"''¦•
the Master ofthe Work House, is to be by him sont to the owner, ir'"iwl(-sioi), city
known; ifhe be unknown, the Master ofthe Work House is to advcr- ''"¦'¦""*"^'
tisc such slave in the city paper, (under the advice of the City Att'y.)
giving the name, age, and other further description, so that the
owner may be inforraed the slave is in custody. In other parts of the
State, the runaway is to be advertised once a 'week for 3 months, in
some piiblio gazette, by the Sheriffor Gaoler, who is also required, if
the owner's nanle andaddreSs can be obtained', to g'ive him specific
notice ofthe confinement of the said runaway^ The advertisement
must corttain the name, age, 'and other particulijir description of such
slave, and the iiamle ofthe person said to be the owner. The Gaoler
or Sheriff, and the Master ofthe Work House, if liable to a fine of
10s. 0T.$^ 14 for such slave coraraitted as a runaway, neglected to be
advertised. The runaway is to be kept for, 12 months, if not claimed
by;the owner, and in, Charleston, ,prpofl of prcfperty made on oath
before one of the Judges ofthe Common Pleas, or any Magistrate,
within twelve months from the date ofthe advertisement in Charles
ton, ii) other parts of the State, , frorii the commitment, the runaway
is to be sold. In Charleston the sale is to bs made by the City She
riff, he giving one month's notice of the tirae, place, and reason of isthandigtft
such sale; he is to. give to the purchaser a receipt for the money Charleston, '39,
arising frora such sale, specifying the reasons of the sale, and he (the "^ ^™^' ""
City Sheriff) is directed to pay the said proc,eeds to the City Treas
ury. Out of the fund so pa,id over, is to be deducted the expenses of
the said runaway, as provided jind allowed by law. The balance is
to be retained by the City Treasurer, for fhe ov^ner, but if not claimed
within a year and a day it is to be paid into the State Treasury, and
out of it. 1 presume, the Comraissioners ofPublic Buildings of Charles
ton District are entitled to draw it, under the general law of '39. In
other parts of the State, the Sheriff of the District is to advertise the fsd sed. of Actof
. ' ' ¦ , ¦ „ ' '39, 11 Stat, 36,
runaway for a month, and then to sell ; and after paying the charges
or expenses allowed by law, the, balance is to be paid to the Corarais
sioners of Public Buildings, and is to belong to thera absolutely, if
not claitnedby the owner ofthe slave so runaway, within two years.
The title to be exe'c'uted by the Sheriff to the purchaser of such run
away, is good, arid bars the rights of the Owner. Any neglect ot
default in the duties required by the 53d section of the Act of '39,
subjects a Gaoler or Sheriff to an action on the case. "
Sec 38., A person taking Up a runaway, and failing to send the
same to the'work' house, oi'-the District gaol within five days, is lia-Actofss
ble to pay 20s. or $4 28-100 for every day the same raay be retained. ^- ^ Al
l'he person taking up a runaway, is entitled to 10s, or |2 14-100 for isthsec. ord.
taking up such runaway, id. or 7-100 for every mile from the place cityLaws,!!™'

38 Negho Law of SotiTM Caroli.va.
where taken to the owner's residence, (if the runaway be car
ried to U-ie owner.) or to the district gaol or the work house, and
half a dollar per day for the travel,- computing the journey at 25
miles to the day. To entitle the person taking up a runaway, to
these allowances, he raust carry the slave to a neighboring Magis
trate, who raay examine on oath the captor, touching the time and
distance he has necessarily travelled, and shall go with such slave,
and the said Magistrate shall give a certificate on a just estimate of
such time and distance, and on presenting such certificate, the gaolr
er is to give his note for the same payable to the bearer. The Mas
ter of fhe Work House is to pay the same, instead of giving a note.
Thesefeesare to bepaid to the Gaoler, or Master of the Work House,
by the owner, or out of the sale of the said runaway, if he should not
be clairaed by the oAvner and be sold.
30il« and 37th Sec 39. It Is the duty of the Master of the WorkHoiase, Gaoler,
1740,"'^"" ¦'^"'"'o'' Sherifl', to provide sufficient food, drink, clothing and covering, for
p. L. 169. every runaway slave delivered into the custody of either. The
il'Stat, 11. Gaoler or Sheriff is entitled to charge 20 cents per day for each run
away confined, and also for all necessary expenses in providing
EOihsec Ord of '^'°^^'^® °^ blankets. In the Work House, a runaway slave is direct-
^3j| City Laws, ej to he put to labor on the tread-mill, and therefore no charge for
diet is made.
it9i. dqii Seo, 40. Each militia beat company, by its commander, (eXciept
Sec'. Act of '39. ifhe Company or companies on Charleston Neck.) is divided into con
venient patrol districts. All the free white male inhabitants, above
the age of eighteen years, of each patrol district, are liable to do
patrol duty, except aliens or transi<ent persons above the age of forty-
five years, or who hai^e not resided within the State for six months,
or persons who are above the age of fbrty-ftve, who do not own slaves,
or alien enemies. Persons liable to do patrol duty, may send in their
places, respectively, an able-bodied white man, between the ages of
sixteen and sixty, as a substitute ; and for failing to discharge patrol
duty, in person or by substitute, each person liable to do the same,
without a legal excuse, is liable to pay a fine of $2 for each default,
and ten per cent, on his general tax ofthe preceding year.
3dand4ihBec. Sec 41. It is the duty ofthe commanding officer of each beat
fi'g;"^'!! company, to make out a roll of the inhabitants of each patrol divi
sion, liable to do patrol duty, and from such roll, at each regular mus
ter of his company, to prick off, at his discretion, any nuraber of per
sons to do patrol duty until the next muster, and appoint some pru
dent and discreet person to command the said patrol. If the officer
commanding the beat company, fails to prick off, at each muster, the
patrol of each division, or the commandant of the patrol falls in his
duty, each of them is liable to a fine not exceeding $30.

Nbgro Law or South Carolima. 39
Sec 42. It is the duty of the commandant of fhe patrol to call sihuid 13 hstc.
thera out at least once a fortnight, and to take up, and correct with ii''siat."'6S— 60,
stripes, not exceeding 20, witl^a switch or cowskin, all slaves found
outside of their owner's or employer's plantation, without a ticket or
letter to shew the reasonableness of his absence, or some while per
son in eompany to give an account of the business of such slave;
and also, if the slave have a ticket, and has in his possession, a gun,
pistol or other offensive weapon, unless such slave be on lawful busi
ness, or in company with some white person not less than ten years
of age. Fire arms, and other offensive weapons, found by the patrol aci oi '43,
in the possession of a slave, in violation of the above provisions, are '' ®''''' ^^^'
liable to seizure by them, and condemnation and forfeiture fo the use
of the regiment to which the patrol may belong. To obtain such
forfeiture, the leader of the patrol making the- seizure, must, within
ten days, go before the nearest Magistrate, and make oath of the
manner, time and place of taking, and if the Magisfrale shall be sa
tisfied of the legality of the seizure, he shall summon the owner of
the slave frora whom the arms have been taken, to appear bcfofe
him within ten days, to shew cause why the arms should not be con
demned. If the owner should fail to appear, or appearing, should
shew insufficient cause, the said arras or weapoiistsliall, by certificate-
under the hand of the Magistrate, be '¦• declareck^condemned," and
maybe sold within ten days, and the proceeds, after payraent of the
costs, paid to the payraaster of the regiraent. /
Sec 43. The patrol have the power, and are required to enter into 6th see Act of'39,
any disorderly house, vessel or boat, suspected of harboring, traffick- '"' '' ' '^''
ing or dealing with negroes, whether the same be occupied hy white
persons, free negroe.?, raulattoes, mestizoes or slaves ; and to appre
hend and correct all slaves found there, by whipping, (unless, as I
apprehend, such slaves shall have not only a ticket to be absent, but
also a ticket to trade.) The patrol is required to inform a Magis
trate of such white persons, free nearroes, mulattoes or raestizoes, as
may be found in such house, vessel or boat, and to detain, until re
covered by law, such produce or articles for trafficking, as raay be
therein found, if such detention be authorized by any three freehold
ers or any Magistrate. It is the duty of the owner ol each boat or
vessel navigating the public rivers or canals of this State, to keep
and produce to the Magistrates or patrols, when required, a list of all
the negroes composing the crew, with their owners' naraes, and a de
scription of their persons.
Sec 44. The patrol may, as is stated in the 44th and 43th sec- mh and I4th
tions of chapter 2nd of this digest, break up unlawful asserablies of fi^gf^^^'g^'^;
slaves, and infiict punishment on slaves there found, not exceeding 6L
20 stripes, with a switch or cowskin.
Sec. 45. Kvery owner of a settled plantation, who does not live on

40 Negro Law of South Carolina.
i5ih sfc. of Act t]je same six months in every year, and who employs upon the same
of '39, p. (»I, JJ! j-ji
11 Stat. fifteen or raore slaves, is required to keep upon fhe same, sorae white
man, capable of performing patrol duts. under apenalty of fifty cents
per month for each and every working slave employed on the said
plantation.
16th sec. Act of g|3(,_ 46, Patrols are not liable. in the dlischiirge of their duty, to
-39, 11 Stat, p, ^ ' '= ¦"
61, the payment of any tolls.
) Sth sec. Act of Sec 47. In incorporated towns and villages, the power and duty
^39. 1 S!at, p, of regulating fhe patrol in the same, is vested in and devolvedupoB
the municipal authorities ofthe same.
The state vs, Sec 43. The Captain ofa Beat Company, cannot constitute him-
Cole and others, ir. ,.u <~. » • r. .. t> * r
2 McC. 122. self the Captain of a Patrol.
Hogg vs. Keller, Sbc 49. The ticket or pass to a slave, need riotstate the place to
McC. 11.3. which he or she is to go, and a patrol whipping a slave, with such a
mo" "''''^'^^'^''' pass, are Irespasseys. The form given in the Act of 1740, "Permit
this slave to be absent from the plantation of A; B. until  ," or
any other equivalent form, will be suflieient.
7ih and sth sec, Sec 50. It is the duty of Captains or Coramanders of Patrol, to
ilsSit,59. keep their respectivefcoramands in good order and deraeanor, when
on duty ; and any patrol raan raisbehaving himself or neglecting or
disobej'ing the ordeijfe of his commandant, is liable to a fine of not less
than $2, nor more than $20. If the Captain ofa Patrol acts disor
derly, so as to defeat the proper execution of the patrol laws, he is
liable to be returned by any meraber of his command; or any other
person competent to give evidence, to the coramanding officer of the
Beat Company, who is to return him to a. Court Martial for trial, and
if found guilty, he may be fined not less than $5, nor more than $50.
1 Oth sec. Act of Sec 51. Each Captain ofthe Patrol is required, at the net regu-
5g/ '^ ' ^' lar muster of the Beat Company, after his appointment, to make a
return, on oath, ofthe perfor-mance of his duties. Failing to make
such return, he is liable to a fine of $20.
17th sec. Act. of ^'^°' ^^" '^^^ penalties to be incurred by the commanding officers
'39. p. 61. 11 of Beat Corapanies, coraraandants of the patrols, and patrol men, for
neglect of duty, or violation of law, may be iraposed by Courts Mar
tial.
19th SPC. Act of Sec 53. If the patrol be sued, and the party suing, fail to recover,
¦" ¦ ' he is liable to treble costs ; which is full costs, fo which is added one
half, and then half of that half.
Sec 54. The Act of'39 in repealing all other laws on the subject
ofthe patrol, unfortunately excepts the Act regulating the perform
ance of patrol duty on Charleston Neck. The Act of '23,' so
saved from repeal, differs in many respects from the general
Ac* of '23, sec. 1, law. which it is now necessary to state. 1st. A majority of the com
pany oflicers is to direct how the company is to be divided into patrol
districts, and the Captain is so to divide it, and it is so to 'continue

Negro Law op South Carolina. 41
until altered by a raajority of said oflicers. The officers failing to do
this duty, are liable to a fine of $3,0, to, be recovered II fhe Court of
Law,,(by indictraent) as no mode is appointed by the Act. 2d. All 2dsection;
white males above 1,8 and under BO, residirig in said patrol districts,
(except ministers'ofthe Gospej) all feraales owning ten slaves above
the age of ten years, and.-fill persons having settled farras, or a house
and lot, with five or more slave! above the age of 16, residing within
the said companies, are liable to do patrol duty. Females required
„to do patrol duty, must of course do so by substitute. 3d. The com-„,
;_*''• •' 3d section,
manding officer, or officers of a corapany are to ap-point in writing,
the leader ofthe patrol, whose qualification and term of office is the
sariae as pointed out in section 40. The person so appointed refusing
to accept, the coniraanding officer or officers of companies or the lead
ers of patrol, not p^l'brming the duties required, are liable to a fine of
$20, to be recoveri^d by indictment, in the Court of Law, and paid to
the Commissioners of Cross Roads, No person can be corapelled to
serve as leader, raore than once in 12 months. 4th. The patrol is not
only authorized to enter disorderly houses, &o,, as stated in section
42; but if resisted, they are authorized to break'open doors, windows,
and lopks ; they are required to produce to the Magistrate, whom they
may inform of white persons, free negroes, ,mulattoes and mestizoes,
found in siichhouses, the produce or arlicjes for trafficking found
there, to be disposed of according to lav. 5th. The leader ofa patrol
is, as is stated in section 49. to keep his cora,niand in good order, &c. ; 6th ani 7th sec.
any patrol man, raisbehaving, &c,, is liable to a fine of $2, to be"°°'
iraposed by the officers of] the corapany tc^which he belongs, and to
be paid to the Commissioners of Cross Roads, Charleston Neck. —
A leader acting disorderly may be proceeded against as stated in
sectioa 49; he is to be, tried by a Court consisting of the officers of
his company, or any 3 officersof the Ilegiment, and raay be fined $10,
to be paid to the same authorities. Coinmissione'rs of Cross Roads,
Charleston Neck. 6t'h. A substitute for pa'trol raust be between IS sih section.
and 60. 7lh. Free negroes, mulattoes, or mestizoes, found on ,„,,
^ ' ' lOlh section,
Charleston Neck, are to be treated, by the patrol, as slaves, unless
they produce their free papers, office copies, or other satisfactory
. evidence of freedorii. If found out of their own houses, or the enclo
sure of their employer, not having a regular ticket frora ffieir guar
dian, after 9 P, M... from 20i:h S'dpt, to 20th March, and 10 P. M., frora
Sdtli March to20tli Sept. they are declared liable to be treated as slaves
without a pass. 8i.h. No grocery, retail shop, or any store, shop, or
, ¦ , 1 • ¦ r ' . u 1 . lu nth section.
place, wherein are vended spirituous liquors, is to be kept open on the
Sabb'Sth day. or any other day after 9 P. M., from 20th Sept. to 20th
March, and after 10 P. M,, from 20th March to 20th Sept., any owner
or occupant viohifirig this law, or trading, trafficking, or bartering
therein, with any slaves, fress negroes, mulattoes, or mestizoes, is
6

4,2

Negro Law of South Carolina.

12th section.

13th section.

l'4th section;

ISth sectionr

16th section.

A'ctof'45, 1st
and 2d sec,
ll Stat, 344.

liable to a fine of $50, to be recovered by indictment, in the Cotirt of
Law, and paid to the Comraissioners of Cross Roads, Charleston
Neck. 9th. Each inhabitant of Charleston Neck, liabh? to patrol
duty, is required to provide and carr^with him on service, a good
gun or pistol,, in order, with at least 6 ball cartridges for the same, or
cutlass, under the penalty of $2, and ^10 per Cent on his general tax of
the year preceding. 10th. The commanding officer of the company
or companies on Charleston Neck, ihay appoint, a Secretary, whose
duty it shall be to prepare and lay before the Military Courts herein
before mentioned, all necessary papers, and to keep a record of the
proceedings ofthe same, which is to be open to fhe -inspection of all
interested. For this duty, he is exempted frora patrol duty. 11th.
The leader ef each patrol may appoint a warner fo summon the
patrol; and for this duty he is exempted from the patrol. 12fh. It
is the duty of the officers commanding the companies bn Charleston
Neck, and all Magistrates, to inform the leaders of the patrols, of
unlawful assemblies, of negroes, (slaves,) free negroes, mulattoes,
and mestizoes. The, leaders on receipt of this information, ai-e to
turn out their patrols, and discharge the duty required by law ; fail-
ing to do this, they are respectively liable to a fine of $20, to be paid
to the Commissioners of Cross Roads, Charleston Neck, For uni
formity sake, I think this Act of '23, should be repealed.
Sec 55, The Coraraissioners of Cross Roads on Charleston Neck,
by the Ad of ''45. were authorized to build a Guard House, and it
provides that all free negroes, mulattoes, mestizoes, and slaves, on
Charleston Neck, charged or found guilty of violating the law, shall
be therein confined, and there punished ; arid also slaves, free negroes,
mulattoes, and mestizoes, taken up by the patrol. shalTthere be whip
ped according to the patrol law, unless the owner or person having
charge of such slaves, free negroes, mulattoes; or raestizoes, or their
guardians, shall pay to jhe Commissioners of Cross Roads,, one dol
lar for each- of said slaves, free negroes, mulattoes or mestizoes.

Negro Law of South Carolina. 43
CHAPTER IV.
The Rights — Civil and Criminal Remedies — And Liabilities of the
Master. Also the Law to Prevent ihe Disturbance of the Peace in
relation to Sla.ves arid Free Negroes.
Sec. 1. The right ofa raaster in a slave, and all which appertains
or belongs to him, is that of property. If the slave be in the posses
sion of another, his owner may 'maintain detinjie Tor his specific deli
very, or. may have a bill in Equity, to compel his possession to be
restored, (unless he raay have been bought for sale, in which case 'S"'«r vs. Gor-
' *• •' ' ° ¦ ' don, 2d HillC.
the owneris left to his reraedy at law.) or may- bring trover to reco-K. i2i.
yer the damages sustained in his conversion. The owner may bring
trespass for any forcible taking of the slave frora his possession, or for
any forcible injury done lo his person. So too. if a slave wander
frora the po.ssession of the owner, and another eraploy him, the owner f?i'™,^''Jj?i
' ,5 , r J ) ,1 McMuU, 364,
raay bring assumpsit for his labor, or trover for the time he may be in 370— 2.
the eraployment of a, third person,..or if such person knew he was a
slave, the action on the case might be sustained. So too, if a bailee Helton vs, Cas-
abuse or empltay a slave differently frora the contract of bailment, DuAcan vs. Rail
nnd he is Wled or injured, the bailee woulil'bg liable to the ownef. — ^°^^ 5^3' ^^
So too, .a coramon ("'arrier transporting a slavefrom one place to ano- ^''''^H ,^^^j^^*'
ther, is liafile foi an injury to, the. death, or^loss of fhe slave, as he 223.
would be for other articles, with this, exception, if he shews that he
used proper care and diligence, and the injury, loss, or death, resulted ^ri^hivs Gray
from the act of the slave, then he would not.be liable. Any employ- ^d Bay, 464.
ment of a , slave, without the consent of the master, by which the
slave is killed, or injured, makes the person so employing him, liable
for the daraages sustained by the owner. For personal property, in
the possession ofthe slave, and comraonly called the property of the
slave, fhe raaster raay maintain the same actions against one posses
sing himself of it, as he could for the slave himself. For harbori|g a
runaway slave, knowing him to besuch, an action on the case can be
maintained hy fhe owrfer.
Sec 2. A contract for the hire of a slave for a year is an entire Bacot vs, Par-
,,. , , ,, , , ,,, , I ,.' J ¦D .. -rnell) 2d Ball,424.
contract,, yet if the slave die, his wages will be apportioned. Hat it
the slave be sick, or runaway, no deduction is to be raade on either WfUs vs. Ken-
™. >¦ I . 1,, r. 1- I • nerly, 4 IScC,
account. Tho owner is not liable generally, for raedical services ren- 123,
dered to hisjslave, while in the possei'ision of one to whora he raay be
r„. .,.,-,,. ,¦ 1 • J J .. u' Johnston vs.
hired. The raaster is liable tor medical services rendered to rus Barrett, 2d Bail.
slave without his knowledge, if the slave be in great danger. '^^'
Sec 3. By the- 5th section of the Actof '39, provision is made, if sm sec. Act of
any white man shall beat or abuse any slave, quietly and peaceably '^^- ^^ '*'¦
being in his master's plantation, or fonnd any where without the
same, with a lawful ticket,- that he shall forfeit $50, to be recovered
by and to the, use ofthe owner, by action of debt, besides being liable

44 Negro Law of South Carolina.
"I
Caldwell et. at. to the owucr, in an action of trespass for daraages. Under this pro-
ads. Langford, 1 ' r =. . r
MciuU. J75. vision, it has been held, that wher*- a slave was found.,0ut of his raas
ter's plantation, but had a ticket, and was whipped by the party find
ing him, that the master could maintain the action under the Act,
and recover.
Sec 4. The Act of '23, for th&regolation ofpatrol duty on Charles-
^^cBo , p, ^^^ Neck, section 4, provides if any white man shall wantonly heat, or
abuse any slave, quietly and peaceably being^in his or her owner's
enclosure, or found anywhere without the same, with a lawful ticket,
he shall forfeit $50, to be recovered by the owner, and to his use,
besides being liable to the owner in an action of trespass for damages.
This provision is identical with that of'39, except that in the Act of
'23, fhe beating or abusing must be wantonly. In the Actof 539, no
such word is used, i It may be under the Act of '23, malice, or cruel
ty, would have to be shewn.'
Sec 5. The 3rd', section' of fhe Act of 1747, provides, that if any
3(1 sec. Act of overseer or raanager shall employ upon his own account or business,
• ^-^^ anyof the negroes cc^imitted to his care, by sending fhem on errands,
or in any other raanner wliatever. such overseer or nianag'er shall pay
the sum of 10s. (equal to $2 14-100,) for evc-y day he or they shall
so employ ariy negro cojmraitted fo the care of such overseer or mana-
1st section. ggj. (This penalty, another part of fhe Act,, section Ist^ directs to
be recovered before a Justice of the Peace, Magistrate now, in the
manner and form prescribed for the recovery of small debts and da
mages.) The 3rd section further provides, that to establish the fact
Sdsectioi?^*'' of the employment ofthe owner's slaves by the overseer or manager,
the information ofthe negroes shallbe sufficient, unles the overseer or
manager will exculpate'himself on oath.
In the case of Dillard vs. "Wallace, I ruled that this provision was
I McMulI. Rep, obsolete frora non-user.' The Court of Appeals, ad raittlno- that its
'480 1 A .. o
enforceraent had been hitherto unknown, and ninety years had then
elapsed frora its enactraent, held that it was still not obsolete. It is
therefore a law, however anomalous in its provision about evidence,
still 10 be enforced.
..^ . , , Sec. 6. If any slave shall be beat.^bruised, raaimed or disabled, in
Gtn sec. Act ol /. , , ,
1740. p, L, 165. the lawful business or service of his raaster, owner, overseer or other
person having charge of such slave, by any person or persons, not
having sufficient cause or authority, (of which cause tl«" Magistrate
trying the case is to judge.) he or they shall forfeit 40s. current mo
ney, equal to 5s. 8d!. sterling, or $1 20-100, to the use of the poor of
the District or Parish. If the slave or slaves be maimed or disabled
from perforraing his or her or their work, the person or persons beat
ing the slave, shall also forfeit and pay to the owner, I5s. current mo
ney, equal to about 44 cents, for every day he may be unable to dis
charge his usual service, and the charge of the cure of such slave.

NsGEO Law op South Carolina. 43
If the damages in fhe whole do not e.xoeed £20 current money, equal
to $12 27-l00,^iey, as also the penalty for the use of fhe poor, raay
be recovered before a Magistiate ; and if the offender shall produce
no goods on which the sarae raay be levied, the Magistrate is author
ized to commit liim to gaol until fhe same be paid.
These provisions have been very.little noticed, and furnish so poor
a relief for the abuse to which theyapply, that they will rarely he
resorted to. The action of trespass is an abundantly better remedy.
Still, this law exists, and may, in the case described in the Act, be
resorted to by owners, if they choose so to do. They cannot, howev
er, have this remedy, and also an action of trespass^
Sec 7. Any person who shall give a ticket or written permit to a
n , , ,' A . Acts of '35, p, 83,
slave, the property of or under the charge of another, (without fhe
consent, or against the will of such owner; or person havirig charge.)
authorizing such slave to be absent, or to deal, trade or traffic, such
person is liable to be indicted, and on conviction, to be punished by
fine not exceeding $1000, and imprisonraeht not exceeding 12 months.
Notwithstanding this Act, a person who raight give a ticket to a'^f'^ ^'''? l'?-„
. . 1 r . o b BIpase,lMcMull.
slave, with a view to aid a slave in running aw,ay and departing from 472,
his master's service, riiightbe tried and capitaiy convicted under the
Actof 1754.' ¦, ,J
Se«. 8. If a white person harbor, conceal or entertain any runaway
or fugitive slave, he or she is liable to be indicted fbr a misdeniea-'*''^'^'''^''^''?'^''-
nor. Or prosecuted in a civil action for damages, at the election of the
owner or person injured. If indicted and convict(^d, the offender is
liable to a fine not exceeding $1000, and irapiHsonment not exceeding
12 months.' The owner may proceed by indictment, and also civilly, l.g'^^'f^i^'l^'j,,
at the same titne, he cannot bepntto his election until the trial. '^^•
Sec 9. If a person be raairaed, wounded or disabled, in pursuing, so, ^5^. Act of
apprehending or taking any slave that is run away, or charged with ''^''' ""' ^- '^^•
any criminal offericej^or in doing any thing else, in obedience fo the
Act of l740| he shall receive such reward frotn the public as the Ge
neral Assembly may think fit; and if he be killed, his heirs, execu
tors or adrainislratorsr shall receive the sarae.
I do not know that any claim has ever been made under this law.
Still, however, it seems to be of force, and a claimant would be enti
tled to the benefit of its provisions.
Sec 10. .[Jhe Court trying and capitally convicting a slave, is to
appraise the same, nojtexceeding $200, and certify such appraisement 5^° 1° ^.^{^ 264,
to the Treasurer of the Division within which the slave may be con
demned ; and in the event of the slave being executed, in pursuance
of the sentence, the Treasurer is directed to pay the appraisement to
the owner.
Seo. 11. If a white person game with a free negro, mulatto or
L , , L 1 J , • ,. Act of 1834, eth
mestizo, or slave, or shall bet upon any game played, wherein one ot sec, 7 stat. 46'j,

4C Negro Law of South Carolina.
The S'ate vs. the parties is a free negro, raulatto, mestizo or slave, or shall be will-
Nales, 3d Hill, . ,^ , , - ¦ P ,
2oa mgly present, aiding and abetting, where any garae ol chance is
playeihas aforesaid, in such case, such white person., upon conviction
by indiet"men-t. is liable to receive 39 lashes, and to be fined and ira
prisoned at the discretion of the Court; one half of the fine is to go
Act of '44, 11 to the informer, the other half to the State.
53tat. 294, ¦ r -
Sec 12. Any shop-keeper, trader or other person, by himself or
^a^'f^^^°i'A ^"y other person acting for hira or her, who shall buy or purchase
frora any slave, in any partof this Statei any corn. ricO, peas, or other
grain, bacon, flour, tobacco, indigo, cotton, blades, hay, or any other
article whatsoever, or shall otherwise deal, trade or traffic with any
slave not having a permit so to deal, trade or traffic, or to sell any
such article, from or under the hand of his -master or owner, or such
other person as may have the care and manageraent of sucli slave,
upon conviclion, is liable to be fined not exceeding $1000, and to be
ad section, iraprisoned not more than i2' months, nor less than 1 month. Itis
the business of the party trading with a slave, to produce and prove
the perrait. j|
Sec 13. If aslave,enter a shop, store, or house of any kind, used
¦SI, ^"7 Sial. 469. lor dealing, trading and trafficking, with an article, and corae out witii-
Kic'e^^R.e^™!?' ""' *'^'^ sarae, or enter^'ithout an article, and corae out with one, it
is sufficient evidence to convict fhe owner or person occppying the
same for trade, in an indictment under the Act of 1817.
Sec 14. If a white person, being a distiller, vendor or retailer,, of
3d sec Act, of spirituous liquors, shall sell, exchange, give, or in any otherwise" de-
'31, 7S(at, 4«9, [j.y.g^ j^jjy spirituous liquors fo any slave, except upon fhe viritten and
express order of the owner or person having, the care and manage
raent of the slave, he sh.all, upon conviction, be fined not exceeding
$100, and iraprisoned not exceeding six months ; one half of ihe said
Slat, 294. ' fine to the use of the inforraer, and the other half to the use of the
State. Sec 15. One effect resulting from the Act, and certainly neither
The S'ate vs, , ¦ ¦ , , , t • ,
Evans, 3d Hill, intended nor anticipated by the Legislature, was to repeal the penal
ty of the Act of 183.7, quoad distillers, vendors and retailers, (the
very persons who, above all others, ought to bear the heaviest pen-
The State VB, allies ) in relation to the sale or exchange of spirituous liquors. The
Sone. Rice's , n . , i ,, , , i , • „
Rep. 147. rule of evidence established by the Act of 1817, as to the production
and proof ofthe permit, still remains in force. f^
The State vs. ^^°' ^^' I" »" '"'hc-ment for trading wi^h a slave," "or giving or
Schroder, 3d delivering spirituous liquors to aslave, itis nlcessary that the slave
should be described, when possible, by his own and his owner's name,
or if fhat be not possible, by some equivalent description ofthe slave.
Sec 17. In indictments under the Act of 1834. although fhe rule
Avttms,^2d's!'rob°^'''^''^'^'"'"^ established by its 5lh section does not apply, and so, too,
under the Act of 1817, where the trading is not in '-a shop, store, or

Negro Law oi' Sooth Carolina. 47
house of any kind, used for trading," yet if fhe slave be seen fo enter
with an article,.and corae out wilhout it, or lo enter without an arti
cle, and come out with one, it is a fact, from, whieh, at common law,
a presumption raay arise of guilt, and on which the jury raay convirt. g,'|'h„^,''"f.,j^'
Sec. 18. It was decided iraraediately after tlie passaije of the Act II''''^.'^'"^'
^ 1 » 1 lit- rt all' va.
of 1817, that (he sale to ri slave, of any artide whaUoever^ or xyurclmfie^''"^^^^^^- ^
' MC'VIull 1H7
frorii a slave of any a7"<icZe ¦wfto.itsoeDer, belonging tothe slave, his Thi- Sa'te vs.
ipaster, or any other p'jrson, vvas a violation of the law. Mc™ 27^ '^' '""'
Sec 19. If the raaster, or overseer, or other person having charge siroiKr2''N.%ud
of the slave, send a slave wiih goods to detect another, in dealiin'- il,K''i.^ ^°^'-
'^ ' ^ Ihe sirife vs,
trading or trafficking with aslave, and stand by, and see fhe tradina, A""">'>2N, and
jVIcO 27.
it docs not excuse the defendant, he still is guilty.
Sec 20, If the owner, or overseer, or otlier person having charge (jaicmi^! ('not
of the slave, go with liim'to make the sale or purchase, ami stand hy The's'al'evs.
and assent to the-sarae, the vendor would not be guilty. For then, Jg^'^.^i ' Speers,
the trading might be regarded as that of the, master by his slave.
Sec 21. If the trader be in the habit of trading with slaves, and T'^'' S'ate vs.
= Alinne, 8 N. and!
had authorized hia clerk/so to trade,, he may be convicted for a trading Men. 27.
,,.,,.,., „ , . . , ^ The S ate vs.
With a slave; by his clerk in his absence.' Bat the principal Cannot Mat'hii>u.dtci-
I ¦ • ri I I !¦ .t .. f. t • I I I I ¦.! lifdaftjolumbia,
be criminally answerable for. the act ol his clerk, unless done with May '35.
his knowledge. and consent actual, or implied. The same rule holds, corem-arT ^liud.
as to a partner. ' iL State ve.
Sec 22, An overseer trading with his employer's slaves, may be C'l'iniiier, 2
" ~ ¦ } J Strob,
indicted and convicted, under the Act of 1817.
Sec. 23, Bpfbre'the Act ol '34, a person who sold liquor to a slave Thestate vs,
' "^ ^ Sonnerkalb, 2N.
raight be indicted lor trading with a slave without a ticket, and also nnd McC 280,
. Th"- S afe vs
for retailing. It follows, since the Act ot '34 is substituted for that oro'Suiiivan, at
'17, so far as the penalty is concerned, that a person' now may be '^'^' '"''""'¦
indicted for selling, giving, exchanging or delivering spirituous
liquors to a slave, and for retailing without a license, although there
be but one sale and delivery.
Sec 24. If one sell spirituous liquor to a slave, or to another for Harrison vs.
hira, without a perrait frora his ovvner. employer, or other person hav- 525, '^' "" '
ing'chargs of him, and the slave die in consequence of the loo free
use ofthe liquor so sold, the person so selling, is liable, in an action
on the case, for the value ofthe slave to the owner.
Sec 25. A license to retail, cannot be granted to an applicant, 4,^ section Act
unless he wiU.swear that he will not, during his license, sell, give, "fg**, 11 stat. p.
exchange, barter or otherwise deliver spirituous liquors to any slave
contrary to the law on that isubject. If he has been engaged before
in the business, he must also swear, that he has not during his past
license, sold, given, delivered, exchanged, bartei-ed, or otherwise
delivered spirituous liquors to a slave contrary to law.
Sec. 26. If a master or other person having charge ofa slave who 20th sec. Act of
may be accused of any capital or other crime, shall conceal or convey p. i. les.

48 Negro Law of South Carolina.
av;-ay suoh slave, so he cannot be brought to trial and punishment,
such raaster or other person shall be liable to forfeit £250 current
money, equal to £35 16s. 5d. or $153 58-100, if the crfme be capital;
if not capital, then the forfeiture is £50 currency, equal fo £7 3s. 3d.
TheSiaievs. or $30 70. This provision, in capital felonies, supersedes the com-
Miy 'i^o'. '^"^'^' raon law offence of accessory, after the fact in a crime coraraitted by
a slave, so far as owners andother persons having charge of a slave
may be concerneil.
„ Sec, 27. A raaster is liable for the acts of his slave, done negli-
Drayton ads. ' ,
Moore. Parker gently, unskilfully, or willully, in the course of any public employ-
vs. Gordon, Dud. ¦„-.•, i. u ¦ i ^l. .u •» -.i .u
26S. raent or business carried on by hira, under the authority or with the
S „°,g"puj^' consent of his raaster. As where, a slave navigating his raaster's
^eevs Trice 1 vessel, SO negligently raanaged his craft as to injure a wharf, or to run
Brev. 178. dovi^n a car of fish, or where a slave carpenter, with his master's
assent, actual or implied, unnertakes to repair a house, and in doing
it, does it so unskilfully, that the whole building falls down, or where
a slave blacksmith, in shoeing a horse, becomes enraged with him,
and wilfully knocks out the horse's "eye with his shoeing hammer, in
all these cases, the raaster is liable, according to the principles which
I have above stated.
Siiee vs. Trice, 2 Sec. 28. The master is not liable.for the unauthorized acts of his
w'ingis'vs. slave, done without his knowledge or consent, actual or implied, and
l^'""'^ *'"*-'¦ not in any public business or eraployraent, in which he has placed his
slave. Sec 29. Any person orpersons. who shall, on his. her, or their own
11 s';at. 292!' " behall, or under color, or in virtue of any commission, or authority
from any State or public authority of any State in this Union, or any
foreign power, come within this State, with the intent to disturb, hin
der, or counteract fhe operation of laws made or to be made, in rela
tion to slaves, free negroes, raulattoes, and mestizoes, are liable to be
arrested, and if not bailed, committed to gaol by any of the Judges of
this State, including the Recorder, for a high raisderaeanor. and on
conviction is liable to be sentenced fo banishraent from the State. and
lo be fined and imprisoned at the discretion ofthe Court.
Sec 30. Any person within this State, who shall at any time
'44. 11 Stat, 292 accept any coramission or authority from any State, or pub
lic authority of any State in this Union, or frora any foreign
power, in relation to slaves or free persons of color, and who
shall commit any overt act with an intent to disturb the peace
or security of this State, or with intent to dfeurb, counteract, or hin
der the, laws of this State, made or lo be made, in relation to slaves
or free negroes, raulattoes, or mestizoes, shall be deemed guilty ofa
raisderaeanor, and upon conviclion thereof, shall be sentenced to pay
for the first offence, a fine not exceeding $1000, and to be imprisoned
not exceeding one year; and for the second offence, he shall be

Negro Law of South Carolina. 49
imprisoned 7 years, and pay a flne not less than $1000, or be banished
from the State, as. the Court shall see fit.
Sec 31. The Governor's duty is to require all persons who. come grtgj^ti;,^
-into this State, for the purpoi^es, and under fhe circumstances stated
in the 1st section ofthe Act of '44, and the preceding 29th section of
this digest, to depart frora the State in 48 ho^rs after suoh notice, and
such persons shall thereupon be bound to depart, and failing to do so,
'they are guiliy of a high misdemeanor, and upon conviction, are to
be sentenced to be bauished frofnthe State, and to such fine and
imprisonment, as .the Court may think expedient.
Sec 32. Any person convicted, a second or any subsequent time, ,
under thei I'st and 3d sections of the Aotof '44, setout in the preceding
29th and 31st sections of this digest, is to be imprisoned not less than
7 years, to pay a flne not less than $1000, and to be banished from
the State.
Sec ,33. It is the_duty ofthe Sheriff of thei District to execute the 5th section,
sentence of banishment, by sending the offender out of the State ;
and if lie shall return, (tmless by unavoidable accident,) the Sheriff
ofthe District where he may be found is "<o hold" hira in close con
finement under the original sentence, fintil he shal.l enter into a recog
nizance to leave the State and never to return.
Sec. 34. Free negroes. ' mulattoes;.,, arid mestizoes, entering this igt ge^. ji^t oi
State as cook, steward, or mariner, or in any other employment, on'**' '^ ^'*'' ^''^•
board any vessel, in violation of the pro.visions of the 2d section of
the Act pf '35, and which is set'put aud prescribed in the 59th section
of Chapter 1, of this digest, and who may be apprehended and con
fined by the Sheriff, ara not entitled to the writ of Habeas Corpus. '
Sec. 35. If the Sheriff shall by the usual^ posse comitatus and the2jjgg^^tof'44,
civil authorities, nOt be able, to enforce the provisions of the Act of n stat. 293-
'35, the Governor, on a requisition made on hira, and signed by the
Sheriff, is, required to order out a sufficient number of the militia, to
meet the-exigency of the case, to be placed under the command of
discreet officers, who shall be ordered to give the Sheriff the aid
necessary to execute the said Act.

ERRATA.
In the unavoidable hurry of revising the proof-sheets, a "few errors
escaped correction. Slight verbal inaccuracies, emd those merely in
volving ari inversion or omission ofa letter) the intelligence of the
reader will easily correct. '
Page 10. line 3, for "rita," read "rite."
u « " 10, for " suvitii," reai " servitiii"

INDEX.

ABDUCTION j^ Penalty for the forcible abduction of free negroes, 13
ACTION. Different forms of, for injuries, &c.. to slaves, 43
ACT OF LEGISLATURE. Emancipation to be effected only by, 11
An Act bestowing freedora, never presumed, - - H>
APPAREL. Of slaves, regulated, - - 24,25
APPEAL. "When time shall be allowed for, - - 34
APPRAISEMENT. To be made of convicted slaves, 45
ASSAULT AND BATTERY. Not justifiable for insolence
from a free negro, &c. . . 13
By a slave, how punished, . - . 28,29
"With intent to coramit a rape, - - 29
ASSEMBLIES. Ofslaves,&c., when unlawful, - 23,24
, Proceedings in cases of, - - - - - 24
ATTORNEY. Allowed to slaves on their ;trial, - 34
BASTARDS. Issue of slaves mai-ried to free negroes, are, 23
BEGIUEST. Of slaves,, when void, - - 11
To slaves, void, - - - - - 11
BRANDING. Of cattle, &c., by slaves, unlawful, 32
BURNING. Of stacks of rice, &C. by slaves and free persons of color,30
CAPTAINS. Of vessels, with negroes on board, to give bond, 15
CHARLESTON NECK. Patrol law relating to, - 40, 41, 42
Guard House, on, - - - - - 42
Unlawful beating of slaves, . . _ - 44
CHALLENGE. Persons of color allowed the privilege of, 33
CLERK. A slave cannot be, - - 23
COLOR. "When the evidence of being a slave, - - 5
Q,uestion of, to be tried by a .Jury, - - 6
"When the question raost usually arises, - 6
CONCEALMENT. Of slaves indicted fbr capital offences, unlawful 48
CONTRACTS. Slaves cannot raake, - - 22
COSTS. Of trial of slaves, &c., by whom paid, - 36
COURT. Competency of witnesses, how tried, - - 7
How far the verdict concludes, - - 7
To appraise the slave on conviction, - 45
CRIMES. Of slaves, free negroes, &c 28
DAMAGES. How assessed by the Jury, - 9
DEER. "When unlawful for slaves to kill, 31, 32
DERELICT. "When stoves raay be seized as such, 11
DESCRIPTION. Of slaves necessary in the Indictraent, 46
EMANCIPATION.' How effected, • - - 10
Copy deed to be given to the negro," - - - 10
To b^ made by the Legislature ohly, - - 11
Reraarks on the power of. - - - 12
EVIDENCE, How far color is evidence of being a slave, 5
Of freedom, ¦ - 9, .10
"When glaVes may testify, ' r 23
Of trading with, slaves, - , - 46
FELONY. The stealing of slaves,, is, 17
Murder ofa slave, is, - - - ,19

52 Index. , -Pajre._
FIREARMS. Not to be carried by persons of color, - 16
Slaves not allowed td carry or use, 25
Seizure of, frora slaves, 2j
Mode of proceeding, 2o
FORFEITURE. Of .slaves, - 27
FREEDOM. Question of. how tried, 8
On 'vvhom the burden of proof lies, '.c .. - 8
Entryof, must be made in Court, - 9
Eviderices of. - ^ - 9, 10
FREE PERSOfCSOF COLOR.' Entitled to all the rights
of property, ¦ - - " 12
Their disabilities, - , - ' ' ^?
Their rights and privileges^ ' - ; 13
"What the term signifies, - * - ¦ 14, 15
Not to enter the State, - -/' 16
Penalty and proceedings, " - - 16
Not allowed to carry weapons, - ', 16
GAMING. "With slaves, &c., unlawful, ^ 45,46
GAOLER. His duties, respecting runaway.s, 37
GUARDIAN. "When and how appointed, 8
"Who must have' one, and who can be one - ' 13
His relation towards his ward, - 13
HARBORING. Of slaves by slaves, unlawful, ' '30, 3,1
Of runaway slaves, ' ' ^ " - - - 45
Penalty for, - - ' . 31, 45
HIRING. Slavesnof to hire houses. &c - 25
Unlawful to hire to slaves. - ^- 25
Penalty and mode of proceeding, - - 25
Master not to hire to slaves their own time, 26 •
Penalty and proceedings, - ' 26
Of slaves, bythe year, ¦ '- 43
The duties, liabilities,' &c.,' of the parties, - 43
HUNTING. "When unlawful in slaves, - 31,32
Trial and ra<Tde of proceeding, - 32
IMPORTATION. Of slaves unlawful, 26, 27
Penalty and mode of proceeding, - , 26,27
INDIANS. When declared to be slaves, 5
Color no evidence of being slaves, - -^ 5
Presumed to be free, - 5
Deemed white wtthin the meaning of the Constitution', 8
INSOLENCE, Of free person of bolor, how punished, 13
Of slaves, how punished, 32
INSURRECTION. Attempt to raise, how punished, 30
,JUDGMENT. On issue of freedom, ' - 9
Of the Court to be in writing, ' - . '34
To be signed by the Magistrate and freeholders, 34
To be returned to the Clerk's Office, ' 34
JURY. When they ought to find the party to be while, 6
When they should find him to be a mulatto, - 6
When dispensed with, '< - 6
The party raay claim a Jury. 6
Persons of color cannot be Jurors, 13
¦LE"V"Y. Slaves exempt from, - - 18
LICENSE. To retail, when granted; 47
Oath of applicants for, ^ - 47

Index. 53
Page.
LIQ,UOR. Slaves not allowed to distil, - - 32
Unlawful to give or sell to slaves, - - 33, 46
Penalty and proceedings for giving to slaves, - 33, 46
When a slave dies from the effect ofthe liquor, - 47
MAGISTRATE. Court of Magistrate and freeholders, 33
His duties on the trial of slaves, &c. ¦ ¦ 34
MAIMING, or slaves, how punished, , 20
Ofa white person by a slave, 29
MARRIAGE. Slaves cannot contract, 23
MASTER. Has the right of protectioji of his slave, IS
In what way he may protect his slaves, - 18
Bound to give his slaves sufficient food, &c. - 20
Penalty fornot so providing them, 20
Not to hire to slaves their own time, - 26
His'rights and liabilities, - 43
His civil and crirainal remedies, - - r 43
When liable for the kets of his slave, 48
MESTIZOES. When declared to be slaves, 5
Who are so called, ' 8
Their disabilities, - - 8
MIGRATION. Of persons of color forbidden, - 15
Penalty and proceedings, - - 15
MILITIA DUTY. Free persons of color, subject to, - 16
MISDEMEANOR. Unlawful whipping, &c., ofa slave, - 19
When slaves are gailty of, - 32
MULATTO. Who is a mulatto, 5
The isisue of a white woman and a negro, - 17
. Such mulatto is free, - 17
MURDER. Of a slave is felony, 19
What shall constitute the murder of a slave, 19
Of a white person by a free person of color, , 28
Of a white person by a slave, ' - - 28
Of a slave by a slave, _ , _ 28
NEGROES. Their status, rights and disabilities, 5
When declared to be slaves, - - 5
To wiiom the term is confined, - - 5
NOTICE. Ofthe tinie of trial to be given fo the slave, &c.. 34
OATHS. Not to be administered to persons of color, 13
Of Jurors on the trial of slaves, &c. ' 34
0"VERSBER. Not louse his employer's slaves,- 44
Not to trade with his employer's slaves, - 47
PARDON. Time allowed for application for, r 34
PATROL. How divided and organized, 38
Who liable to do patrol duty, - - 38
Substitutes may be sent, - 38
Penalt}' for failing to do patrol duty, ., .-- 38
Duties of Captains of Beat Companies, - 38
¦ Powers, duties and liabilities' of the patrol, -38,39,40
'Not liable to the payment of tolls, - - 40
By whoiii regulated in towns, &c. - 40
Who camioc be the Captain, - 40
Forpn of the ticket lo pass a slave. 40
Penalty for the default of the Captain, 40
Treble costs, when allowed, - 40
On Charleston Neck, - - 40, 41, 4;i

54 - Index. PAgp.
PETITION. Proceedings by, - - 9
PENALTY. For the forcible abduction of fi-ee negroes, - 13.
• For not raaking a tax, return, - ... - 14
For the unlawful migration of slaves. 15, 16
For not giving food^ clothing, &c., to slaves, -. 20
For holding unlawful asserablies, - - 24
For hiring, to slaves their own time, '-"''- -26
^For the unlawful importation, of slaves, - 26, 27
For attempting to raise irisurrections, - - '30
Fprfailing'to do patrol djity, - - 38
For the default of the Captain of the patrol, -. 40
For the unlawful beating of slaves, - " 44
For giving or selling liquor to a slave, - 33, 46
For giving a ticket fo another's slave, 45
; For harboring runaways, , -- 31,45
For garairig with slaves. &c, '" -^ - ~ 46
For trading with slaves, - - - - 46
For unlawful interference with slavery, - - 48,49
POISONING. By slaves, &c., how punishable. 30
PROHIBITION. When 'a writ •vi'iU issue, ' - , 6, 7
When raade absolute. - ¦ 7
On v/liom the onus probandi Vies, - 7
When the decisioli is conclusive, - 7
What raay be given in evidence, ¦ - - ¦ "7
PROPERTY. Rights of, as regards free persons of color, 12
Of slaves, belongs to tlieir raaster, - - 21
PROTECTION. ¦ The slave's right of, transferred to the master, 18
PUNISHMENT. Of slaves and free persons of color, 28, 32
When fhe Court may mitigate, - - - 29
Of slaves, &C., for capital offences, 33
For offences 'not capital, " - 33
Of slaves, &c., by whipping, - 35
Unlawful punishment of slaves, 43, 44
RAPE, How punished in a slave, 29
READING. Slaves not to be taught. 23
' RUNAWAYS. Who may apprehend^ ^ 36
Mode of proceeding, ' 36
To be kept by the Gaoler, &c., 37
When they may be sold, 37'
How the proceeds of sale are to be applied, 37
Compensation for apprehending, ' ' ' 37, 38
To be lodged in the Gaol or Work House, 37, 38
Duties of persons apprehending, 37, 38
To be furnished with food. &o. 38
To be put to labor in the Work House, ' 38 ,
Unlawful to harbor, 45
Penalty for harboring, 45
Persons wounded in apprehending them, 45
SHERIFF. His duties respecting runaways, 36
SLANDER. How far justification concludes, in an action of, -'. 7
Nominal danuages in an action of, ' 8
SLA"V"ES. Who declared to be such, 5
Color, evidence of being, -5
To whora their offspring goes, 5 17
Are considered as chattels personal, - 5, 17

Index. 55
Page
SLA'VE S. How emancipated, -yi
¦ Gift to slaves void, ^'1
Penalty for the forcible abduction of, 13
Their civil rights, liabilities and disabilities, 17
Stealing of, is felony, 17
Of tenant for life, to finish the crop after his death, ' 17
Are exeihpt from levy, jg
Shoiuld be annexed to the freehold. 18
Killing of, ' ¦ 19
To be provided with sufficient food, &c. 20
Maiming, &c., of slaves, how punished, 20
Numberof hours to Svork, . 21
Not to be abandoned by their master, . , 21
When they may acquire and hold property, ' 21
Cannot make any legal contract, 22, 23
Apparel of, regulated, 24 25>
Not allowed to rent houses, &c. ' 25
Not more than seven to travel together, 25'
Not to be brought into the State, 26 27
Forfeiture of, 27
When answerable for crimes, &c. 28
Trial and punishment of, 28 29
Attempt to raise insurrection among, , 30
Stealing er harboring, ' ' 30 31
Not to trade or traffic, 31
Guilty of a trespass, how punished, 32
Allowed the privilege of challenge, 33
Attornies, allowed to defend, 34
"When they may be lawfully killed, 36
The hiring of by the year, 43
Different forms of action for injuries, ¦ 43
Unlawful punishment of, ' 43, 44, 45
Unlawful to game with, • ' 45, 46
, When unlawful to give them tickets, 45
When convicted, to be appraised, 45
SLAVERY. Interference with, by emissaries, 48, 49
Penalty for interfering with, '.' ' 48, 49
Mode of proceeding, 48,49
SUNDAY. Slaves not to work on, 21
TAXES. Capitation tax on free negroes, &c., 14
Penalty for not making returns and paying, 14
TENANT FOR LIFE. Slaves to finish the crop after his
death 17
TICKETS. Unlawful to give one to another's slave. 45
TRADING. By slaves in Charleston, unlawful, 31
Proceedings in cases of, 31
With slaves unlawful, ' 46, 47
With slaves how proved, 46, 47
By the overseer, 47
TREASURER. To pay the sum appraised to the master of
an executed slaye, 45
TRESPASS. Action of, by the guardian ofa negro claiming to
be free, 8, 9
In a white man a misdemeanor in a slave, 32
When the action of, may be brought, 43, 44

56 ,:# In

DEX.

TRIAL. Of free persons of color.
Of slaves, free negroes, &c..
Notice ofthe tirae of trial to be given, ;
Whenjlhe Judge may granta new trial,
Newsmode of trial of slaves &c., recommended
Slaves not to be twice trjed for the same offence,
WHIPPING. See Punishment ^
WITNESSES. Free persons of color cannot be 13
WORK. How long slaves shall work during the day,. , 21
WORK HOUSE. Duties of the master respecting runaways36, 37

9002

"T

1