Slaves pass toll and

having negroes and other property to render an account thereof; and for every day the said gaoler shall wilfully neglect to advertise such slave or slaves, after having him or them in his custody, agreeable to the directions of the act, he shall forfeit ten shillings for each slave, to be recovered by the owner before a magistrate or in any court of record as the case may require.

ACT of December 19, 1827. Pamphlet edit. 30.

439. SEC. LIX. No slave shall be permitted to pass over any bridge now erected or hereafter to be erected, or pass the tollbridgestone gate of any turnpike road now constructed or hereafter to be contaken as structed, without a permit from his master, overseer or employer; runaways, and if any slave shall pass or attempt to pass such bridge or gate without such permit, he shall be regarded as a runaway, and may be committed to gaol as such.

to admit and

&c.

440. The provisions of the act of assembly, May 10, 1740, requiring fugitive slaves to be committed to the work-house of Charleston, are no longer of force, since the passing of the City Ordinance, August 8, 1807. By this Ordinance, fugitive slaves may be committed to the work-house under the following regula

tians:

SEC. XV. That the master of the work house shall admit and Master of the confine in the same, every fugitive slaves, taken up in the district work house of Charleston, upon a certificate, from a justice of the said district confine fugi- or from a warden of the city, being produced to him, containing the particulars of the apprehension of such fugitive slave, and requiring his or her confinement in the work-house; but in case of loss, by death or otherwise of such slave or slaves, as are committed by a state magistrate, no claim for compensation shall be preferred against the corporation of Charleston. And upon receiving such slave, the master of the work-house shall give a receipt for to the person, delivering such slave into his charge, and pay also the same person for the amount of his trouble and expense, allowing seven cents per mile, and fifty cents per day, allowing twenty-five miles per day going only, and the sum of two dollars and fourteen cents for taking up such slave if a runaway. And if the owner of such slave be known to the master of the work-house, he shall immediately inform such owner thereof; but if the owner of such slave be unknown to the master of the work-house, he shall without delay advertise, in the city paper, the name, age and other particular description of such slave, in order that his or her owner may have notice, of such slave being in his custody or possession. And in case, that no owner shall appear, and prove his or her property to such slave, (which proof shall be made upon oath, before one of the justices of the court of common pleas, or any one of the justices of the quorum) within twelve months from the day of publishing such notice in the city paper aforesaid, then the master of the work-house shall cause such slave, to be advertised for sale by the city sheriff, who shall give in the city paper one month's notice, of the time, place and reason of such sale.

Master of the

to detain

paid, &c.

441: SEC. XIV. That it shall be lawful to and for the master of the work-house, to detain in his care and custody every slave, until work house all fees, charges and expenses, due for on account of such slave, slaves until be fully paid to the said master. And if the owner of a slave, or expenses are the agent or representative of such owner, having brought or sent such slave to the work-house, or having obtained information of the confinement of such slave at the work-house, shall not take such slave out of the work-house, at the end of nine months from the day of his or her confinement, paying the full amount of all fees, charges and expenses, then due for or on account of the same as aforesaid, the master of the work-house shall thereupon have such slave sold for cash at public auction, by the city sheriff, in order to recover the amount or balance, due for on account of such slave, as aforesaid.

and make

if the ex

penses of

their keeping

runaway

claimed in

time, &c.

442. SEC. XVI. That the city sheriff shall expose to sale, at public outcry near the exchange of Charleston, all slaves sold by City Sheriff virtue of the fourteenth clause of this ordinance, to defray the advertise amount or balance of fees and expenses, due for their keeping, sale of slaves and all runaway slaves sold by virtue of the fifteenth clause of this ordinance; and for the money arising from every such sale, be not duly he shall give to the purchaser a receipt, specifying the reasons paid, and of of the sale of every such slaves; and he shall forthwith pay over slaves, if not such money into the city treasury, after deducting the usual commissions and legal expenses for selling every such slave. And the master of the work-house shall lay his account of fees and expenses, due for every such slave, before the City Council, to be audited, and paid if the proceeds of such sale will admit : Provided however, that the said master shall not be allowed, in the settlement of his account, for any slave who has remained in the work-house for a year and a day, more than four hundred and eleven days subsistence for such slave. And the city treasurer shall retain the balance of such monies for the use of the owner or owners of such slave, until by him, her or them claimed; but if such balance, remaining from the sale of a runaway slave, as aforesaid, be not claimed by his or her owner or owners within a year and a day after such sale, then the city treasurer shall pay the same into the public treasury of this state, taking a receipt therefor, agreeably to the act of the General Assembly, in such case made and provided.*

The fees of the master of the work-house of the City of Charleston, by ordinance of 1807 and 1824, are for lodging and Fees. dieting slaves per day, 182 cents; for confining a slave, 182 cents; for delivering a slave, 183; for necessary clothing and covering, the amount laid out by the master, for medicines and physican's attendance, the physician's bill, advertising fugitive slaves, the printer's bill paid by the master of the work-house, poundage on all monies advanced by the master of the workhouse on account of a slave, 5 per cent.

* See Grimke's Public Laws, 169-Sec. 28.

Circulating,

matory papers in relation to

slaves.

White per

sons offend. ing, how

SEDITIOUS WRITINGS AND BOOKS.

ACT of December 20, 1820. Pamphlet edit. 23.

443. SEC. VI. Be it further enacted, That if any white person &c. inflam shall be duly convicted of having directly or indirectly circulated or brought within this state, any written or printed paper, with intent to disturb the peace and security of the same, in relation to the slaves of the people of this state, such person shall be adjudged guilty of a high misdemeanour, and shall be fined not exceeding one thousand dollars, and imprisoned not exceeding one year; and if any free person of colour shall be convicted, in the mode provided by law for the trial of such persons, of such offences, he or she shall for the first offence be sentenced to Free persons pay a fine not exceeding one thousand dollars, and for the seoffending, cond offence, shall be whipped, not exceeding fifty lashes, and how punish'd be banished from this state; and any free person of colour, who shall return from such banishment, unless by unavoidable accident, shall suffer death without the benefit of clergy.

punished.

of colour

Negroes

and Indians.

ther.

SLAVES, WHO ARE

Grimke's Public Laws, 163.

ACT of May 10, 1740. 444. SEC. I. Whereas in his majesty's plantations in America slavery has been introduced and allowed; and the people commonly called negroes, Indians, mulattoes, mustizos, have been deemed absolute slaves, and the subjects of property in the hands of particular persons; the extent of whose power over such slaves, ought to be settled and limited by positive laws, so that the slaves may be kept in due subjection and obedience, and the owners and other persons having the care and government of slaves, may be restrained from exercising too great rigour and cruelty over them; and that the public peace and order of this province may be preserved:

Be it enacted, That all negroes, Indians, (free Indians in amity with this government, and negroes, mulattoes and mustizos who Offspring to follow condi- are now free, excepted) mulattoes or mustizos, who now are or tion of mo- shall hereafter be in this province, and al their issue and offspring born or to be born, shall be and they are hereafter declared to be and remain for ever hereafter absolute slaves, and shall follow the condition of the mother; and shall be deemed, sold, taken, reputed and adjudged in law to be chattels personal in the hands of their owners and possessors and their executors, administrators and assigns, to all intents, constructions and purposes whatso

ever.

STEALING BOATS, &c.

ACT of March 16, 1695-6. Grimke's Public Laws, 2. 445. SEC. III. If any slave or Indian at any time after the ratification of this act, shall take away or let loose any boat or canoe, or steal any grappling, painter, rope, sail or oars from any landing or place whatsoever, where the owners or persons in

whose service and employment they were last in, had made fast or laid the same, shall for the first offence he or they shall be convicted of, receive on his or their bare backs thirty-nine lashes, and for the second offence, shall forfeit and have cut off from his or their heads one ear.

tried before,

peace.

SEC. IV. Upon complaint being made to any justice or justices of the peace, of any offence committed by any negro or Indian as aforesaid, the said justice or justices shall issue his or their warrants for apprehending the offenders, and for all persons to The same to come before him or them, that can give evidence, and upon exa- any justice of mination it appears that the apprehended are guilty, the said justice or justices shall give sentence that the offender shall receive such punishment as is by this act directed, and forthwith by his or their warrant cause immediate execution to be done by any constable or his deputy, in such manner as he or they shall think fit.

STEALING SLAVES.

ACT of May 11, 1754. Grimke's Public Laws, 235. 446. SEC. 1. Whereas, by the laws of this province, negroes and other slaves are deemed to be chattels personal; and are, in every respect, as much the property of their owners, as any other goods or chattels are. And whereas, no punishment can be inflicted by the laws now in force, upon persons inveigling, stealing or carrying away any such slaves from their lawful owners or employers, that is adequate to so great and growing an evil. And whereas the inhahitants of this province are liable to and receive, great prejudice and damage by such unwarrantable and pernicious practices, and wicked proceedings. Therefore, to prevent and punish as much as may be such evil: Be it enacted, That from and immediately after the twenty-fourth day of June, next, all and every person and persons who shall inveigle, steal, or carry away any negro or other slave or slaves; or shall hire, aid, or counsel any person or persons to inveigle, steal or carry away, as aforesaid, any such slave, so as the owner or employer of such slave or slaves, shall be deprived of the use and benefit of such slave or slaves; or that shall aid any such slave in running away or departing from his master or employer's service, shall be, and he or they is and are hereby declared to be guilty of felony; and being thereof convicted or attainted, by verdict or confession; on being indicted thereof, shall stand mute, or will not directly answer to the indictment; or will peremptorily challenge above the number of twenty of the jury, shall suffer death as felons, and be excluded and debarred of the benefit of clergy. [See No. 379 to 382.]

STRIKING WHITE PERSON.

ACT of May 10, 1740. Grimke's Pablic Law, 167 447. Sec. xxix. If any slave shall presume to strike any white person, such slave, upon trial and conviction before the justice

Punishment

fo slaves.

or justices and freeholders aforesaid, according to the directions of this act, shall for the first and second offence, suffer such punishment as the said justice and freeholders, or such of them as are empowered to try such offences, shall in their discretion think fit, not extending to life or limb, and for the third offence suffer death; but case any such slave shall grieveously wound, maim of bruise any white person, thought it shall be only the first offence, such slave shall suffer death. Provided, that such striking, wounding, maiming or bruising be not done by the commånd, and in the defence of the person and property of the owner or other person having the care or government of such slave; in which case the slave shall be wholly excused, and the owner or other person having the care or government of such slave, shall be answerable as far as by law he ought.

450. SEC. 11. And for the better keeping slaves in due order No slave to and subjection: Be it further enacted, that no person whatso

be absent

from home without

ticket or letter.

ever, shall permit or suffer any slave under his or their care or management, and who lives, or is employed in Charlestown, or any other town in this province, to go out of the limits of the said town, or any such slave who lives in the country to go out of the plantation to which such slave belongs, or in which plantation such slave is usually employed, without a letter superscribed and directed, or a ticket in the words following:

from Mr.

Permit this slave to be absent from Charlestown, (or any other town, or if he lives in the country) tation in parish, or

plan

days (or hours) dated the day of or to that purpose or effect; which ticket shall be signed by the master or other person having the care or charge of such slave, or by some other person by his or their orticket to be der, direction or consent: And every slave who shall be found given to negroes.

Form of

Giving ticket without consent of owner.

out of Charlestown, or any other town, if such slave lives or is usually employed there, or out of the plantation to which such slave belongs, or in which such slave is usually employed, if such slave lives in the country, without a letter or ticket as aforesaid, or without a white person in his company, shall be punished with whipping on the bare back not exceeding twenty lashes.

451. SEC. IV. And if any person shall presume to give a ticket or license to any slave, who is the property or under the care or charge of another, without the consent or against the will of the owner, or other person having charge of such slave, shall forfeit to the owner the sum of twenty pounds current money.