A. D. 1800. Acts relating to Slaves. 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. XIII. Be it enacted by the authority aforesaid, That in all and every Time of prose-case arising under this Act, it shall and may be lawful for any person or percuting under sons to enforce or prosecute the same, at any time not exceeding two years; any law, usage or custom the contrary thereof notwithstanding. this Act. XIV. Be it enacted by the authority aforesaid, That if any person or General issue persons whatsoever, shall be sued, impleaded, molested or prosecuted, for may be plead- any matter, cause or thing, done or executed, or caused to be done or executed, by virtue of or in pursuance of the directions of this Act, shall and may plead the general issue, and give the special matter in evidence. ed. This Act to be in force for three years. XV. Be it enacted by the authority aforesaid, That this Act shall remain and continue in force for three years from the passing thereof, and till the next meeting and sitting of the General Assembly of this State thereafter, and no longer. In the Senate House, the twentieth day of December, in the year of our Lord one thonsand eight hundred, and in the twenty-fifth year of the Independence of the United States of America. JOHN WARD, President of the Senate. THEODORE GAILLARD, Speaker of the House of Representatives. No. 1745. AN ACT RESPECTING SLAVES, FREE NEGROES, MULATTOES AND MES- slaves or free lawful. ON THE EMAN WHEREAS, the laws heretofore enacted for the government of slaves, free negroes, mulattoes and mestizoes, have been found insufficient for keeping them in due subordination. I. Be it therefore enacted by the honorable the Senate and House of RepAssemblies of resentatives of the State of South Carolina, now met and sitting in General negroes declar- Assembly, and by the authority of the same, That from and after the pased to be un- sing this law, all assemblies and congregations of slaves, free negroes, mulattoes and mestizoes, whether composed of all or any of the above description of persons, or of all or any of the above described persons and of a 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 officers of the police, being commissioned, are hereby directed, required and empowered, to enter 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, Acts relating to Slaves. A. D. 1800. How such as. mulattoes or mestizoes, as may be then and there found unlawfully met together and convened; and such magistrates, sheriffs, constables, militia semblies are officers, or officers of the patrol, are hereby impowered and required to to be treated. call unto their assistance such force and assistance from the neighborhood, 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 mestizoes, as they may judge necessary for detering them from the like unlawful assemblages in future; and the said officers so dispersing such unlawful assemblies, 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 mestizoes, as may be found transgressing this law; and the master of the work house, 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 magistrate, who shall inflict such punishment, not exceeding twenty lashes, which any such magistrate may order and direct. II. And be it further enacted by the authority aforesaid, That from [and] after the passing of this Act, it shall not be lawful for any number Fine for not of slaves, free negroes, mulattoes or mestizoes, even in company with riding patrol. white persons, to meet together and assemble 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 here. by given to them in the first clause of this Act; and the said officers are also impowered to impose on all such slaves, free negroes, mulattoes or mestizoes, the same punishment as by the patrol law they are authorized to do in any case whatsoever. bled for mental III. Be it enacted by the authority aforesaid, That every person liable to perform patrol duty, or liable to procure a substitute to perform the said Slaves assemduty, shall, on failure (without legal excuse) to ride patrol in their respec- instruction tive turn, for every such default forfeit and pay to the commanding officer may be disof the patrol, the sum of two dollars, to be recovered before the Captain of persed. the beat or company to which such defaulter belongs, the money to go to the use of the patrol detachment of said company. ful assemblies IV. And be it further enacted by the authority aforesaid, That every officer or other person so entering into and dispersing such slaves, free Persons disnegroes, mulattoes and mestizoes, from such closed or confined places of persing unlaw meeting, or from such open meeting, before sun rise or after the going to be protected. 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 account 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 VOL. VII-56. A. D. 1800. Owners of plantations must employ Overseers. Acts relating to Slaves. every person or persons, sueing or prosecuting any officer or other person for any trespass or tort done by him in putting in force and executing this law, shall, on failure of convicting the party, or proving the case fully, so as to entitle him, her or them to a recovery of damages, 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. V. Be it further enacted by the authority aforesaid, That any owner or owners of a settled plantation, after the first of January, eighteen hundred and two, containing more than ten 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-resident on such plantation, neglecting to have and employ such white man or overseer on such plantation, shall be liable, in addition to the penalty prescribed 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 collect 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 keep and employ a white man or overseer on the same, agreeable to the foregoing clause, the tax collector shall, upon such refusal, issue his execution for double the amount of the sum to which by law he, she or they may for such neglect be liable to pay, directed to such officer as by law he is required to direct his tax executions to. Provided nevertheless, that three months shall be allowed for procuring such white person or overseer, case of death, disagreement, or for any other cause. in VI. And whereas, the fines imposed by the patrol law are too low, and Fine for not deemed insufficient for the compelling the due and punctual execution of making out lists of patrol the said law: Be it further enacted by the authority aforesaid, That every detachments. captain or commanding officer of a company or beat, who shall fail and neglect, at every muster of his company, to prick off and make out proper lists of patrol detachments in his said company, and appoint to such detachments a leader, or proper officer, as by the patrol law he is required to do, shall, for such default, in addition to such fine as is by the said patrol law imposed for such neglect, forfeit the sum of eight dollars, to be recovered against him on information before any justice of the poace, the said fine to go to the informer. Manner and VII. Whereas, it hath been a practice for many years past in this State, form of eman for persons to emancipate or set free their slaves, in cases where such slaves cipating slaves. have been of bad or depraved character, or, from age or infirmity, incapa ble of gaining their livelihood by honest means; to prevent which practice in future, Be it enacted by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That from and after the passing of this Act, it shall not be lawful for any person or persons to emancipate or set free his, her or their slave or slaves, except according to the forms and regulations hereinafter prescribed, to wit: Whenever any person or persons shall intend to emancipate or set free his, her or their slave or slaves, he, she or they shall signify Acts relating to Slaves. such intention to some justice of the quorum, who is hereby authorized and required thereupon to summon to meet, at a convenient time and place, five indifferent freeholders living in the neighborhood of the person or persons so intending to emancipate or set free his, her or their said slave or slaves. And when the magistrate and the freeholders summoned as aforesaid, shall be convened, the person or persons proposing to emancipate or set free his, her or their slave or slaves, shall produce the said slave or slaves before the said magistrate and freeholders, and shall answer to them, upon oath, all such questions as they shall ask concerning the character of the said slave or slaves, and his, her or their ability to gain a livelihood in an honest way; and in case it shall appear to the said magistrate and freeholders, or a majority of them, that the said slave or slaves so produced before them, is or are not of bad character or characters, and is or are capable of gaining a livelihood in an honest way, they shall give the following certificate, to wit: "We hereby certify, upon the examination, on oath, of A B, the owner of a certain slave or slaves, named C D, or E, as the case may be, (here describe the slave or slaves) satisfactory proof has been given to us, that the said slave or slaves, is or are not of bad character or characters, and is or are capable of gaining a livelihood, as the case may be, by honest means. A. D. 1800. to be by deed. VIII. Be it enacted by the authority aforesaid, That no emancipation of any slave shall be valid or lawful, except it be by deed, and according to Emancipation the regulations above prescribed, and accompanied by the above mentioned certificate. And furthermore, that every person freeing any slave, shall cause to be delivered to him or her, a copy of the deed of emancipation and certificate aforesaid, (within ten days after such deed shall have been executed) attested by the clerk of the court of the district, who shall re- Such deed to cord the said deed in the respective offices; and that the said clerk shall be paid therefor by the person emancipating, the sum of four dollars; and that all deeds and certificates of manumission, shall be void and of noneffect, unless such deed and certificate shall be recorded within six months from the time the same shall have been executed. be recorded. copy of such IX. Be it enacted by the authority aforesaid, That every person neglecting or refusing to deliver to any slave by him or her set free, such Penalty for not copy of the said deed and certificate, within ten days after the execution delivering a of the same, shall forfeit and pay fifty dollars, to be recovered, with costs, deed. in any court of record, to the use of the person who shall sue for the same: And in case any slave shall hereafter be emancipated or set free, otherwise than according to this Act, it shall and may be lawful for any person whosoever, to seize and convert to his or her own use, and to keep as his or her property, the said slave so illegally emancipated or set free. Provided, that nothing herein contained shall be so construed as to deprive any free negro, Indian, mulatto or mestizo, in the case where he or she is unjustly detained or held in slavery, from any remedy or redress now given by law; and provided also, that no part of this Act shall be construed so as to effect or invalidate any disposition by will of persons now deceased, but such disposition shall operate the same as if this law were not passed. In the Senate House, the twentieth day of December, in the year of our Lord one thousand eight hundred, and in the twenty-fifth year of the Independence of the United States of America. JOHN WARD, President of the the Senate. THEODORE GAILLARD, Speaker of the House of Representaitves. A. D. 1801. Acts relating to Slaves. No. 1756. AN ACT SUPPLEMENTARY TO AN ACT ENTITLED "AN ACT TO PREVENT NEGRO SLAVES AND PERSONS OF COLOR FROM BEING BROUGHT INTO OR ENTERING THIS STATE." Penalty for bringing ne State, I. Be it enacted by the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That any person or persons whomsoever, who shall be convicted by the verdict of groes into this a jury in any of the courts of common pleas or sessions in this State, of bringing into, or of causing or procuring to be brought into, or of aiding or assisting in the bringing into this State, after the passing of this Act, from any part or place without the limits of this State, any negro, mulatto, mestizo, or other slave or servant of color whatsoever, or of harbouring, or of keeping, or of owning, or having in possession, any negro, mulatto, mestizo, or other slave or servant of colour, within this State, so to be brought into this State, as aforesaid, or of entering this State, such person or persons, as the case may be, shall forfeit and pay one hundred dollars, to be appropriated as hereinafter directed, for each and every such negro, mulatto, mestizo, or other slave or servant of colour whatsoever, so to be brought into, or harboured, or kept, or owned, or being in possession, as aforesaid, within this State; and shall, moreover, forfeit and lose all his, her or their right, title and interest of to and in every such negro, mulatto, mestizo and other slave and servant of colour. II. And be it enacted by the authority aforesaid, That every negro, Every such nemulatto, mestizo, or other slave, which shall come or enter into this State, gro to be sold. from any part or place from without the limits of this State, shall and may, upon the fact of such coming or entering into this State being found by the verdict of a jury in any court of sessions or common pleas in this State, be, by order of such court, sold by the sheriff of the district wherein such verdict shall be found, in the same manner as if seized in execution and sold by such sheriff by virtue of a writ of fieri facias; and the monies which shall arise or be made from such sale, shall be appropriated, disposed of and paid as is hereinafter directed. such negroes. III. And be it enacted by the authority aforesaid, That it shall and may Warrants to be be lawful for any justice of the peace or of the quorum, in this State, to issued against whom information shall be made, on oath, by any person or persons, that he or they know, or have reason to believe, that any negro, mulatto, mestizo. or other slave, or any negro, mulatto, mestizo, or person of colour, indented or hired for a term of years, have been, after the passing of this Act, or are about to be, introduced into or come into this State, to issue his warrant, directed to any constable, or, should he deem it necessary to employ an armed force, to any officer of the militia of this State, as the case may require, directing him, with the corps under his command, or so many as may be necessary, to pursue, seize and take all such negroes, mulattoes or mestizoes, together with the white person or persons who may have them in charge, or be accompanying them, and to lodge the said negroes, mulattoes, mestizoes, and white person or persons, in the gaol nearest to the place where they shall be so taken, and the keeper of such gaol is hereby authorized and required to receive and safely keep them and each of them. How such negroes are to be proceeded ngainst when committed to gaol. İV. And be it enacted by the authority aforesaid, That the keeper of such gaol shall, within two days after such negroes, mulattoes, mestizoes or white person or persons, as aforesaid, shall have been lodged in his gaol, as aforesaid, give notice thereof in writing, signed with the hand of the keeper of such gaol, to some justice of the peace or of the quorum of the district in which his gaol shall be situated, which said justice shall thereupon, |