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tained, shall extend to masters of vessels bringing into this state any negro, mulatto, or person of colour, employed on board, or belo:ging to such vessel, and who shall therewith de part, he or they entering into a bond for performance thereof, with sufficient security, before such person or persons as his excellency the governor, for the time being, shall appoint for that purpose; or to any person travelling into this state, having one or more negroes, mulattoes or persons of colour, as domestic servants.
Be it further enacted by the authority aforesaid, Penalty on That any person or persons, having, owning or who suffer keeping any public ferry or ferries, toll bridge or slaves to bridges in this state, and who shall knowingly be brought and willingly suffer to be passed, conveyed, carried state. or ferried over, any such negro or negroes, pro
hibited by law from being brought into this state, or shall, in like manner, pass, convey, carry or ferry over any white person or persons having such negro or negroes in charge, or accompanying them, shall forfeit and pay, for every white person or negro so passed, conveyed, carried or ferried over, the sum of five dollars, to be recovered in any court of record in this state ; one half to be paid to the informer or informers, who will sue for and recover the same; and the other half to be paid into the treasury of the state, in aid of the fund to carry this law into effect.
: Be it enacted by the authority aforesaid, That Time of in all and every case arising under this act, it shall prosecut and may be lawful for any person or persons to enthis act. force or prosecute the same, at any time not ex
ceeding two years; any law, usage or custom to the contrary thereof, notwithstanding.
Be it enacted by the authority aforesaid, That General if any person or persons whatsoever, shall be sued, issue may impleaded, molested or prosecuted for any mat.
ter, cause or thing, done or executed, or caused to be done or executed, by virtue of, or in pursu
ance of the directions of this act, shall and may
This act to this act shall remain and continue in force for three be in force years from the passing thereof, and till the next for three meeting and sitting of the general assembly of this years. state thereafter, and no longer. In the Senate House, the twentieth Day of December,
in the year of our Lord one thousand eight hundred,
JOHN WARD, President of the Senate.
the House of Representatives.
An ACT respecting Slaves, Free Negroes, Mu
lattoes and Mustizoes, for enforcing the more punctual performance of Patrol duty, and to impose certain restrictions on the emancipation of Sloves.
HEREAS the laws heretofore enacted for
the government of slaves, free negroes, mulattoes and mustizoes, have been found insufficient for the keeping them in due subordination :
Be it therefore enacted by the honorable the Senate and Ilouse of Representatives of the state of South Carolina, now met and sitting in general assembly, and by the authority of the same, That Assembfrom and after the passing of this law, all assem- lies of blies and congregations of slaves, free negroes, free negmulattoes and mustizoes, whether composed of all roes de or any of the above description of persons, or of
be unlaw. all or any of the above described persons, and of a full. proportion of white persons, assembled or met together for the purpose of mental instruction, in a confined or secret place of meeting, or with the gates or doors of such place of meeting barred, bolted or locked, so as to prevent the free ingress and egress to and from the same, shall be, and the same is hereby declared to be an unlawful meeting;
and the magistrates, sheriffs, militia officers, and Howsuch officers of the patrol, being commissioned, are assemblies hereby directed, required and empowered, to en. treated. ter into such confined places, where such unlawful
assemblies are convened, and for that purpose to break doors, gates or windows, if resisted, and disperse such slaves, free negroes, mulattoes, or mustizoes, as may be then and there found unlawfully met together and convened; and such magistrates, sheriffs, constables, militia officers, or officers of the patrol, are hereby empowered and required to call unto their assistance, such force and assistance from the neighbourhood, as he or they may judge necessary for the dispersing of such unlawful assemblage of persons of colour as aforesaid; and the officers and persons so dispersing such unlawful assemblage of persons, shall
, if they think proper, impose such corporal punishment, not exceeding twenty lashes, upon such slaves, free negroes, mulattoes or mustizoes, as they may judge necessary for deterring them from the like unlawful assemblage in future. And the said officers so dispersing
such unlawful assemblage, shall, if within the city of Charleston, have power to take into custody and deliver to the master of the work-house in Charleston aforesaid, all or any of such slaves, free negroes, mulattoes or mustizoes, as may be found transgressing this law; and the master of the workhouse aforesaid, is hereby directed and required to receive such person or persons, and inflict on him or them such punishment as any two magistrates of the said city may think fit and direct, not exceeding twenty lashes. And the officers dispersing such unlawful assemblies, shall, if without the limits of Charleston, have power to take into custody and deliver to the nearest constable, all or any of such slave or slaves, free negroes or mulattoes, as may be found transgressing this law; and the said constable is hereby
required to receive such persons, and convey them to the nearest ma
gistrate, who shall inflict such punishment, not exceeding twenty lashes, which any such magistrate may order and direct.
Be it enacted by the authority aforesaid, That every person liable to perform patrol duty, or lia- Fine for ble to procure a substitute to perform the said du- not riding ty, shall
, on failure (without legal excuse) to ride Patrol. patrol in their respective turn, for every such default, forfeit and pay to the commanding officer of the patrol, the sum of two dollars, to be recovered before the captain of the 'beat or company to which such defaulter belongs, the money to go to the use of the patrol detachment of the said company.
And be it further enacted by the authority aforesaid, That from and after the passing of this act, Slaves agit shall not be lawful for any number of slaves, free sembled negroes, mulattoes, or mustizoes, even in compa- ous wor. ny with white persons, to meet together and as ship may
be dispersemble, for the purpose of mental instruction or religious worship, either before the rising of the sun, or after the going down of the same. And all magistrates, sheriffs, militia officers, and officers of the patrol, being commissioned, city or town guard, or watchmen, are hereby vested with all the powers and authority for dispersing such assemblies, before day, or after sun set, as is herein and hereby given to them in the first clause of this act. And the said officers are also empowered to impose on all such slaves, free negroes, mulattoes or mustizoes, the same punishment as by the patrol law they are authorized to do in any case whatsoever.
And be it further enacted by the authority aforesaid, That every officer, or other person so enter- Persons ing into and dispersing such slaves, free negroes, them, to be mulattoes and mustizoes, from such closed or con- protected. fined places of meeting, or from such open meeting, before sun rise, or after the going down of the same, shall be, and he is hereby declared under the protection of the law, and free from all suits at law, prosecutions and indictments for or on ac,
count of such acts as may be done and performed by him or them, in pursuance of the letter and meaning of this act; and all and every person or persons, suing or prosecuting any officer, or other person, for any trespass or tort done by him in putting in force and executing this law, on failure of convicting the party, or proving the case fully, so as to entitle him, her or them to a recovery of damages, shall be liable, and be deemed and adjudged to pay to the party so prosecuted or sued, treble costs; for which costs, the party prosecuted or sued, shall have his execution in the usual form, against the goods and chattels of such prosecutor or informer, or plaintiff in the cause, upon application to the clerk of the court where the cause has been tried,
Be it further enacted by the authority aforeOwners of said, That any owner or owners of a settled planplantati. tation, after the first of January, one thousand employ eight hundred and two, containing more than ten overseers. workers, shall be required by the tax-collector to
whom he shall make his return, to declare, on oath, whether he, she or they, have resided on the said plantation, or have employed and kept on such plantation, a white man or overseer, for the preceding year, capable of doing and performing patrol duty; and every owner or owners, non-resi. dent on such plantation, neglecting to have and employ such white man or overseer on such plantation, shall be liable, in addition to the penaly pre'scribed by the act for the better ordering and governing negroes and other slaves, to a tax equal to the sum of one hundred dollars, for one year ; to be levied and collected by the said tax-collector, in the same manner as he is by law directed to collcct the general tax of this state. And in case such owner or owners, refuse to declare, on oath, to the said collector, the truth of his, her, or their having resided on such plantation, containing ten working negroes, or having failed to keepand employ