Acts relating to Slaves. A. D. 1751. Reward for ap such runaway or outlier, Be it further enacted by the authority aforesaid, That if any person shall, at any time hereafter, apprehend and secure any prehending slave who shall have been runaway from his master or owner, for at least runaways. the space of six months, and who shall endeavor to defend himself with a knife, sword, cutlass, gun, pistol, or other weapon, such person, being a white man, shall, over and above the reward provided by law, in case of his being maimed, wounded or disabled, be entitled to a reward of twenty pounds current money, from the master or owner of the said slave. And if such person be a slave himself, he shall be entitled to a reward of ten pounds current moncy, in like manner; which reward shall be recovered by warrant, from any justice of the peace; upon oath made of the fact before him. XVIII. And whereas, upon the trials of slaves in this Province, it hath sometimes happened, that certain circumstances have attended the facts Punishment upon such trials, as would have induced the justices and freeholders to mitigated, in have mitigated the punishment, but being strictly bound by the letter of certain cases. the law, such slaves have suffered death. Be it therefore enacted by the authority aforesaid, That in all and every trial hereafter, for any offence committed by any negro or other slave, against the said recited Act, or against this present Act, it shall and may be lawful to and for the justices and freeholders, upon such trial, or a majority of them, to mitigate the punishment to be inflicted upon the offender, in all and every case where any favorable circumstance shall appear and induce them to be of opinion that such punishment ought to be mitigated; any thing in the said recited Act, or in this present Act, to the contrary thereof in any wise notwithstanding. feitures, how to XIX. And be it further enacted by the authority aforesaid, That all the fines, penalties and forfeitures, imposed or inflicted by this Act, not exceed- Fines and foring twenty pounds current money, shall and may be sued for and recovered be recovered in the same way and manner as by the Act for the trial of small and mean and applied. causes is appointed and directed. And such fines, penalties and forfeitures as shall exceed the sum of twenty pounds current money, shall and may be sued for and recovered by action of debt, bill, plaint or information, in any court of record in this Province, wherein no privilege, protection, essoign or wager of law, shall be allowed or admitted, nor any more than one imparlance; and shall be applied, one half to the use of his Majesty, his heirs and successors, to be disposed of as by the General Assembly shall be directed, and theother half to him or them who will inform and sue for the same. XX. And be it further enacted by the authority aforesaid, That this Act This a public shall be deemed a public Act, and as such, shall be taken notice of by all Act. judges, justices, magistrates and courts in this Province, without pleading the same. XXI. And be it further enacted by the authority aforesaid, That this Act, and such part of the said Act entitled "An Act for the better ordering and governing negroes and other slaves in this Province," as is not altered or amended by this present Act, shall be and continue of full force and virtue, for and during the full end and term of seven years, and from thence to the end of the then next session of the General Assembly. ANDREW RUTLEDGE, Speaker. In the Council Chamber, the 17th May, 1751. Its duration. A. D. 1754. Acts relating to Slaves. 1 No. 822. AN ACT TO PREVENT THE INVEIGLING, STEALING AND CARRYING AWAY NEGROES AND OTHER SLAVES IN THIS PROVINCE; AND TO PREVENT THE CARRYING AWAY OF SCHOONERS OR PETTIAUGARS; AND Also, for REPEALING SO MUCH OF AN ACT ENTITLED AN ACT FOR THE BET 66 + TER ORDERING AND GOVERNING OF NEGROES AND OTHER SLAVES IN OFFENDERS. 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 and carrying away any such slaves from their lawful owners or employers, that is adequate to so great and growing an evil; and whereas, the inhabitants of this Province are liable to and receive great injustice and damage by such unwarrantable and pernicious practices and wicked proceedings; therefore, to prevent and punish, as much as may be, such evil, we humbly pray your most sacred Majesty that it may be enacted, I And be it enacted by his Excellency, James Glen, Esquire, Governor-in-chief and Captain General, in and over his Majesty's Province of South Carolina, by and with the advice and consent of his Majesty's council, and the House of Assembly of the said Province, and by the authority of the same, That from and immediately after the twenty-fourth day of June next, all and every person and persons, who shall inveigle, steal and 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's or employer's service, shall be, and he, she and they is and are hereby declared to be, guilty of felony; and being thereof convicted or attainted by verdict or confession, or 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. II. And whereas, several of the inhabitants of this Province, owners of schooners and pettiaugars, are under a necessity of employing others as patrons and masters in the navigation thereof, and are liable to receive great prejudice by the wilful and felonious carrying away such schooners and pettiaugars, by the person or persons to whose care and management the same are entrusted; Be it therefore enacted by the authority aforesaid, That all and every person or persons, that shall, after the passing of this Act, carry away any schooner or pettiaugar committed to his or their care and management, fraudulently, and with the intention to steal or deprive the owner of the property of the same, from any part of this Province to any other part thereof or elsewhere, whereby the owner of such schooner or pettiaugar shall be deprived of them or any of them, or the use and benefit of them or any of them, shall be, and he and they is and are hereby Acts relating to Slaves. declared to be, guilty of felony; and being lawfully convicted thereof by verdict or confession, or 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, or shall upon such indictment be outlawed, shall suffer death as felons, and be excluded and debarred of and from the benefit of clergy. A. D. 1754. III. And whereas, by the Act entitled "An Act for the better ordering and governing negroes and other slaves in this Province," passed the Slaves, how to tenth day of May, one thousand seven hundred and forty, it is enacted, be tried. that a justice of the peace shall, upon complaint made or information received of an offence committed by any slave, for which capital punishment may be inflicted, commit the offender to the safe custody of the constable of the parish where such offence was committed, and shall, without delay, by his warrant, call to his assistance any one of the nearest justices of the peace to associate with him, and shall, by the same warrant, summon any number of the neighboring freeholders, not less than three or more than five, to meet at a certain day and place, not exceeding three days after the apprehending of such slave or slaves, and finally hear and determine the matter brought before them, in the most expeditious and summary manner. And whereas, it may frequently happen to be impossible to procure the justice and freeholders, and the witnesses who are capable of giving such evidence as would subject the offenders to the punishment inflicted by law, to attend such trial within the time by the said Act prescribed; whereby such offenders, though guilty, may escape the punishment due to their offences. Therefore be it enacted by the authority aforesaid, That the said clause, so far as the same relates to the trial of such slave, at any time not exceeding three days after his being apprehended, shall be, and is hereby, from and immediately after the passing of this Act, repealed. IV. And be it enacted by the authority aforesaid, That it shall and may be lawful for the justice who shall commit the offender, to issue his warrant, under his hand and seal, to call to his assistance any one of the nearest justices of the peace to associate with him, and to summon the freeholders, as mentioned in the said Act, to meet together with the said justice at a certain day and place, not exceeding six days after the apprehending such offender; and that it shall be left to the discretion of the said justices and freeholders, at any time within six days after the apprehending such slave, and his being committed by a justice of the peace for trial, to postpone the said trial to such further time as they shall think proper and appoint, upon oath being made before them, or affidavit produced to them, that the person or persons who was or were witnesses to such fact, for which such slave was apprehended, is or are ill, and cannot with safety attend such trial, or is or are at too great a distance to be there within the time by this Act directed for such trial. JAMES MICKIE, Speaker. In the Council Chamber, the 11th day of May, 1754. A. D. 1776. No. 1025. AN ORDINANCE TO Acts relating to Slaves. DIRECT THE MANNER OF PROCURING NEGROES TO BE EMPLOYED IN THE PUBLIC SERVICE. WHEREAS, a number of able male slaves are frequently wanted on very pressing occasions for the public service, which will not admit of delay, and it would be very detrimental to the State if speedy and effectual means are not provided to supply the public, from time to time, with such a number of male slaves as the exigency of affairs may require to be employed on the public works, for the defence and security of this State : I. Be it therefore ordained, by his Excellency John Rutledge, Esquire, President and Commander-in-chief in and over the State of South Carolina, and by the honorable the Legislative Council and General Assembly of the said State, and by the authority of the same, That the President and Commander-in-chief, by and with the advice of the privy council for the time being, shall have power and authority, and he is hereby authorized and impowered, whenever and as often as the public service shall require it, to issue his orders to the several committees of the parishes and districts throughout this State, or such of them as he, with the advice aforesaid, shall judge proper, demanding of them, respectively, such number of able male slaves, fit for labour, as shall, in his discretion, be thought adequate to the exigency of the case, and the circumstances and abilities of the district. And the said committees, or any three or more of their members, respectively, are hereby empowered and required, immediately on receiving such orders, to proceed, in the most expeditious manner, to rate and fix the proportion that each owner of slaves within their respective parishes and districts shall be obliged to furnish towards completeing the number of slaves demanded, according to the best information or knowledge they can obtain. And the said committees, or any three or more of their members, respectively, having determined and agreed on the quota of each owner, shall forthwith give notice thereof, in writing, requiring such owner and owners, or in his or their absence, the overseer or manager, at a day certain, to cause so many able bodied male slaves as in the said notices, respectively, shall be specified, to be conveyed, with the utmost dispatch, to the place or places appointed by the President's order, furnished with such tools and implements, if in the power of the owner, as shall be directed and required. II. And be it further ordained by the authority aforesaid, That if any owner or owners of slaves, the overscer or manager thereof, having notice as aforesaid, shall refuse or neglect to send and convey the negroes required of him or her, as his or her quota and proportion, and shall not actually and faithfully cause the said negroes so allotted, to proceed to the place of their destination, according to the notice given by such committees, or any three or more of their members, respectively, that then and in every such case, the said committees, respectively, shall have power, and they, or any three or more of their members, respectively, are hereby authorized and required, by warrant under their hands, directed to any one or more persons, to cause such and so many negroes belonging to the person or persons so neglecting or refusing, as were ascertained as his or her quota, to be immediately impressed, seized and conveyed to Charlestown, or other place of destination, there to be employed and kept in the public service, for and during the space of three months, if so long wanted, without any pay, wages or allowance whatever to the owner or owners thereof. III. And be it further ordained by the authority aforesaid, That if it Acts relating to Slaves. shall appear to the said committees, or any three or more of their members, respectively, more conducive to the public service, or more convenient to the inhabitants in general, that then they shall use their best discretion and judgment, either to take the number of negroes required by the President's order, from the whole district or parish, in equal proportions, according to the number each owner possesses, or to divide and parcel the district or parish into classes or divisions, obliging each class or division alternately to supply the number required, and to relieve each other by turns, at the expiration of a certain given time; or to make such other just and equita ble arrangement or regulation in the premises, as may best suit the parti cular circumstances of the people, or most effectually promote the public good; provided always, that no negroes so sent and employed on the public works, shall be returned or discharged until a like number shall actually arrive to replace them, if wanted. IV. And be it further ordained by the authority aforesaid, That every owner who shall, in obedience to this Ordinance, send his slaves to work on the public account, agreeable to the appointment of the committees, or any three or more of their members, as aforesaid, respectively, shall receive for each negro, per day, the sum of ten shillings, current money, free of deduction, from the time of leaving their master's or mistress's service to the time they may be discharged from the public service, allowing a reasonable time for returning home, over and besides the maintenance of the said slaves. V. And be it further ordained by the authority aforesaid, That the said committees, or any three or more of their members, respectively, shall have power and authority, and they are hereby required, to cause a double proportion of slaves to be sent to work for the public benefit, as aforesaid, from all and every person and persons resident in their respective parishes and districts, who have not subscribed the general association of the inhabitants of this State, and taken the oath of fidelity to the present government of the same, or who shall refuse to subscribe the said association, or take the said oath, on its being tendered by any of the members of the committees, as aforesaid, who are hereby severally authorized and impow. ered to administer such oath. VI. And be it further ordained by the authority aforesaid, That this Ordinance shall be of force for and during the term of one year from the passing thereof. THOS. SHUBRICK, Speaker of the Legislative Council. In the Council Chamber, the 9th day of October, 1776. Assented to: A. D. 1776. |