assist the said justices or constables, or any of them, when commanded or required: such person or persons shall forfeit and Constable, pay the sum of £5 current money, to be recovered by a warrant &c. refusing under the hand and seal of any other justice of the peace, and warrant. in the same way and manner as is directed by the act for the trial of small and mean causes.

355. SEC. XXXVI. And for that as it is absolutely necessary to the safety of this province, that all due care be taken to restrain the wanderings and meetings of negroes and other slaves, at all times, and more especially on Saturday nights, Sundays and other holydays, and their using and carrying wooden swords, and other mischievous and dangerous weapons, or using or keeping of drums, horns, or other loud instruments, which may call together or give sign or notice to one another of their wicked designs and purposes; and that all masters, overseers and others may be enjoined diligently and carefully to prevent the same:"

to execute

master's

ticket.

With a ticket

Be it enacted, That it shall be lawful for all masters, overseers and other persons whomsoever, to apprehend and take up slaves found any negro or other slave that shall be found out of the planta- out of their tion of his or their master or owner, at any time, especially on plantation, Saturday nights, Sundays or other holydays, not being on lawful without a business, and with a letter from their master or a ticket, or not having a white person with them, and the said negro or other slave or slaves correct by a moderate whipping; as also any negro or other slave or slaves, met or found out of the plantation of his or their master or mistress, though with a letter or if he be ticket, if he or they be armed with such offensive weapons afore- armed. said, him or them to disarm, take up and whip: And whatsoever master, owner or overseer shall permit or suffer his or their negro or other slave or slaves, at any time hereafter, to beat drums, blow horns, or use any other loud instruments, or whosoever shall suffer or countenance any public meeting or feastings of strange negroes or slaves in their plantations, shall for- be suffered feit ten pounds current money, for every such offence, upon drums, or conviction or proof as aforesaid; provided an information or other suit be commenced within one month after forfeiture thereof for the same.

Slaves not to

ot beat

blow borns.

in number

356. SEC. XLIII. And whereas it may be attended with ill consequences to permit a great number of slaves to travel together in the high roads, without some white person in company Male-slaves with them; Be it enacted, That no men slaves exceeding seven over seven in number, shall hereafter be permitted to travel together in any not to travel high roads of this province, without some white person with or assemble them; and it shall and may be lawful for any person or persons white per who shall see any men slaves exceeding seven in number, without some white person with them, as aforesaid, travelling or assembling together in any high road, to apprehend all and every such slaves, and shall and may whip them not exceeding twenty

lashes on the bare back.

See Nos. 287,288, 289, 305, 306.

without

son

Baptizing them free.

BAPTIZING SLAVES.

ACT of June 7, 1712. Grimke's Public Laws, 18.

357. Sec. xxxiv. Since charity and the Christian religion which we profess, obliges us to wish well to the souls of all men, and that not to make religion may not be made a pretence, to alter any man's property and right, and that no persons may neglect to baptize their negroes or slaves, or suffer them to be baptized, for fear that thereby they should be manumitted and set free: Be it therefore enacted, that it shall be, and is hereby declared, lawful for any negro or Indian slave, or any other slave or slaves whatsoever, to receive and profess the Christian faith, and be thereunto baptized. But that notwithstanding such slave or slaves shall receive and profess the Christian religion, and be baptized, he or they shall not thereby be manumitted or set free, or his or their owner, master or mistress lose his or their civil right, property and authority over such slave or slaves, but that the slave or slaves, with respect to his or their servitude, shall remain and continue in the same state and condition, that he or they was in before the making of this act.

branding

BRANDING HORSES, &c.

ACT of March 13, 1789.

Grimke's Public Laws, 486:

358. SEC. VI. It shall not be lawful hereafter for any slave to brand or mark any horse, mare, gelding, colt, filley, ass, mule, Punishment bull, cow, steer, ox, calf, sheep, goat or hog, but in the presence of slave for of and by the direction of some white person, under the penalty of horses, &c. being whipped, provided the same whipping shall not exceed fifty lashes, by order of any one or more of the justices of the peace of the county or parish court, before whom such offence shall be proved by the evidence of any white person or slave.

BRINGING SLAVES AND FREE PERSONS OF COL-: OUR INTO THE STATE.

ACT of Dec. 17, 1803. 2 F. L. 511.

+359. SEC. III. And be it enacted, &c. That no male slave above the age of fifteen years, shall be imported or brought into Bringing slaves from this state, from any of our sister states, unless the person importsister states. ing such negro, shall produce, and file in the office of the clerk of the district where the person so importing may reside, a certificate under the hands of two magistrates, and the seal of the court of the district where the said negro or negroes have resided for the last twelve months previous to the date of the certificate, that such negro or negroes, are persons of good character, and have not been concerned in any insurrection or rebellion.

Negroes en

ry to the pro

+360. SEC. v. And be it enacted, &c. That each and every tering this state contra- negro and negroes, mulatto and mulattoes, mustizo and mustivisions of this Zoes, or other person or persons of colour, whatsoever, whether act, to be for- free* or bond, brought, sent or entering into this state, contrary *See No. 363. to the provisions of this act, be and the same are hereby declared

feited.

to be forfeited, one half to the state and the other half to the informer or informers, to be recovered in the name of the state, by action in the nature of the action of detinue, wherein it shall not be necessary to prove that the defendant in the suit was in possession of the person or persons aforesaid, at the time of commencing the same; and the said informer and informers, are hereby declared competent witnesses in the aforesaid suits, in any court in this state having cognizance thereof.*

coming into

claimed by

any person, how to be proceeded

&

361. SEC. VIII. And be it enacted, &c. That in all and every case where any negro, mulatto, mustizo, or other person of col- Negroes our, charged with having been brought, imported or sent, or with this state having come or entered into this state contrary to any law thereof, not being and who shall not be claimed by any person, it shall and may be lawful to proceed against such negro, mulatto, mustizo, or other person of colour, by indictment in any court of record, in which against. the nature of the offence shall be stated; and upon a verdict being found in favour of the state, such person or persons shall be forfeited and sold, and the proceeds thereof appropriated as provided by law: And also, that the mode of trial before magistrates and freeholders, preseribed by an act, entitled, an act to prevent negro slaves snd other persons of colour from being brought or entering into this state," passed the twentieth day of December, in the year one thousand eight hundred; and also, by an act supplementary to the same, be, and the same is hereby abolished.

ACT of Dec. 20, 1820.

66

'Penalty for

persons of

Pamphlet edit. 23. 362. Sec. v. And be it enacted, &c. That if any person or persons shall hereafter bring or cause to be brought into this state, any free negro or person of colour, and shall hold the same as a slave, or sell or offer the same for sale to any person selling free or persons in this state as a slave, every such person or persons colour. shall pay for every such free negro or free person of colour, the sum of one thousand dollars (over and above the damages which may be recovered by such free negro or free person of colour) to any person or persons who will sue for and recover the same, which may be done either by indictment, or action in nature of ravishment of ward, established by law.

ACT of Dec. 20, 1823. Pamphlet edit. 59.

363. SEC. I. Be it enacted, &c. That from and after the pas

negroes

or persons of

enter the

sing of this act, it shall not be lawful for any free negro or person Free of colour, to migrate into this state, or be brought or introduced into its limits, under any pretext whatever, by land or by water. colour not to And in case any such free negro or free person of colour, (not being a seaman on board of any vessel arriving within this state,) shall migrate into or be introduced into this state, contrary to this act, he shall and may be carried by any white person before some

*For the manner of seizing slaves so brought in contrary to this act, see 2d F. L. 344.

+ Quere-Are these three clauses now of force?

state.

How to be

justice of the peace of the district or parish where he or she shall be taken, which justice is hereby required to summon three freeholders, and form a court to examine such free negro or person of colour, and on conviction, to order him or her to leave the state: And every free negro or person of colour so ordered to leave the state, and thereafter remaining longer than fifteen days dealt with. within the same, or having left the state, and thereafter returning to the same, upon proof thereof, made before any magistrate and three freeholders, and on conviction thereof, shall be subjected to be sentenced to such corporal punishment as the said magistrate and freeholders shall, in their discretion, think fit to order. And if, after the said sentence or punishment, such free negro or person of colour shall again remain longer in this state than fifteen days, or having left the state, shall thereafter return to the same, upon proof thereof, before any magistrate and three freeholders as aforesaid, and on conviction thereof, the said magistrate and freeholders shall adjudge the said free negro or person of colour to suffer corporal punishment a second time; and for every repetition of the offence of remaining in this state contrary to this act, or of coming into the same after departing therefrom, such free negro or person of colour shall be liable to be proceeded against in like manner; and so on, until such free negro or person of colour shall cease to violate this act.

iff, in case

come as cook &c. on board of any vessel.

364. SEC. II. And be it enacted, &c. That it shall not be lawful for any free negro or person of colour to come into this state on board of any vessel, as a cook, steward, mariner, or in any Duty of sher. other employment on board of such vessel; and in case any vesany free ne- sel shall arrive in any port or harbour of this state, from any gro, &c. shall other state or foreign port, having on board any free negro or person of colour, employed on board such vessel as a cook, steward, mariner, or in any other employment, it shall be the duty of the sheriff of the district in which such port or harbour is situated, immediately on the arrival of such vessel, to apprehend such free negro or person of colour so arriving contrary to this act, and to confine him closely in jail until such vessel shall be hauled off from the wharf and ready to proceed to sea; and that when said vessel is ready to sail, the captain of the said vessel shall be bound to carry away the said free negro or person of of colour, and to pay the expenses of his detention; and in case Penalty upon such captain shall refuse or neglect to pay the said expenses, and vessel refus to carry away the said free negro or person of colour, he shall ply with this forfeit and pay the sum of one thousand dollars, and be liable to be indicted therefor, and also to suffer imprisonment for any term or time not exceeding six months.

captain of

ng to com

act.

365. SEC. 111. And be it enacted, &c. That whenever any free negro or person of colour shall be apprehended and committed to jail, as having arrived in any vessel in the capacity of a cook, steward, mariner, or otherwise, contrary to this act, it shall be the duty of the sheriff, during the confinement in jail of such to be warned free negro or person of colour, to call upon some justice of the peace to warn such free negro or person of colour never to enter

Free negroes

by sheriff.

How to be

the said state, after he or she shall depart therefrom; and such justice of the peace shall, at the time of warning said free negro warned. or person of colour, insert his or her name in a book to be provided by the sheriff for that purpose, and shall therein specify his or her age, occupation, height, and distinguishing marks, which book shall be good and sufficient evidence of such warning; for which services the said justice shall receive the sum of two dollars, payable by the captain of the vessel. And every free negro or person of colour, who shall not depart the state, in case of the captain refusing or neglecting to carry him or her away, or having departed shall ever again enter the limits of this state, by land or by water, after being warned as aforesaid, shall be dealt with as the first section of this act directs for free persons of colour who shall migrate or be brought into this state.

the state.

366. SEC. IV. And be it enacted, &c. That it shall not be lawful for any master or captain of any vessel, or for any other person, to introduce or bring into the limits of this state any free Penalty on negro or person of colour as a passenger, or as cook, mariner, captain bringing free steward, or in any other capacity, on board of such vessel, whose negro into entrance into this state is prohibited by this act: And if any master or captain of any vessel as aforesaid, shall bring in or introduce into this state any such free negro or person of colour, whose entrance is prohibited as aforesaid, or if any other person shall introduce by land, as a servant, any free negro or person of colour, every such person shall, for the first offence, be fined in a sum not exceeding one hundred dollars, and for the second offence, be liable to forfeit and pay, for each free negro or person of colour so brought into this state, the sum of one thousand dollars, and shall moreover be liable to be imprisoned for any term or time not exceeding six months.

Free negroes

to return.

367. SEC. v. And be it enacted, &c. That it shall not be lawful for any free negro or person of colour, who has left the state leaving the at any time previous to the passing of this act, or for those who state, never may hereafter leave the state, ever to return again into the same, without being subject to the penalties of the first section of this act as fully as if they had never resided therein.

Slaves not to

from West

368. SEC. VI. And be it enacted, &c. That it shall not be lawful for any citizen of this state, or other person, to bring into this state, under any pretext whatever, any slave or slaves from any be brought port or place in the West Indies, or Mexico, or any part of South into the state America, or from Europe, or from any sister state which may be Indies or besituated to the north of the river Potomac, or the city of Wash-yond the Poington. Neither shall it be lawful for any person to bring into this state, as a servant, any slave who has been carried out of the same, if at any time during the absence of such slaves from this state, he or she hath been in ports or places situated in Europe, in the West Indies or Mexico, or any part of South America, or in states north of the Potomac or city of Washington: And any person who shall bring iuto this state any slave contrary to the meaning of this act, shall forfeit and pay the sum of one thousand dollars, and the said slave shall be a forfeiture to the state.