Acts relating to Slaves. penalties imposed by law on the offence of trading and trafficking with slaves without permits. In the Senate House, the eighteenth day of December, in the year of our Lord one thousand eight hundred and seventeen, and in the forty-second year of the Independence of the United States of America. JAMES R. PRINGLE, President of the Senate. THOS. BENNETT, Speaker of the House of Representatives. A. D. 1817. THE No. 2141. AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO PROHIBIT this State, own I. Be it enacted by the Honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the autho- Slaves out of rity of the same, That every inhabitant of this State, who was bona fide ed by persons entitled, in his or her own right, or in the right of his wife, to any slave or in it, before Dec. 19, 1816, slaves, on the nineteenth day of December, in the year of our Lord one thousand eight hundred and sixteen, or who now may be, or hereafter shall become, entitled to any slave or slaves, either by inheritance, bequest or marriage, shall be permitted to bring such slave or slaves into this State, on the terms and conditions hereinafter mentioned. may be bro't in. II. And be it further enacted by the authority aforesaid, That every person or persons who is an inhabitant of this State, and was entitled, in How such slaves may be his, her or their own right, to any slave or slaves, on the nineteenth day brought in. of December, one thousand eight hundred and sixteen, or who now is, or may hereafter become, entitled to any slave or slaves, either by inheritance, bequest or marriage, he, she or they shall produce to a judge of the courts of law or equity, his own affidavit, and also the affidavit of three disinterested and respectable persons, that the said slave or slaves intended to be brought into this State, are of good and peaceable character, and were acquired by the person or persons intending to bring them into this State, by marriage, inheritance or bequest, or were owned and of right belonged to the person making such application, on the aforesaid nineteenth day of December, one thousand eight hundred and sixteen; which affidavits, if made in any other State, shall be taken before some justice or judge of the State or county from which such slave or slaves shall be brought, and shall be certified under the seal of the court of said county, that the person or persons administering such oath, is a judge or justice of peace for said county or State, and that the persons making such affidavits are of good and respectable character. to this State. III. And be it further enacted by the authority aforesaid, That every per License to be son or persons wishing to bring into this State any slave or slaves, under obtained to the provisions of this Act, shall apply for and obtain from some judge of bring slaves inthe court of common pleas and sessions, or judge of the court of equity, a license to bring in such slave or slaves; and such license shall certify that the provisions of this Act have been compled with. And any person who shall bring in any slave or slaves without such license, shall be liable to all the penalties and forfeitures prescribed by an Act, passed the nineteenth day A. D. 1817. Copy of will duced. Acts relating to Slaves. of December, one thousand eight hundred and sixteen, prohibiting the im portation of slaves. And it shall be the duty of any person bringing in any slave or slaves, to produce such license to any person attempting to enforce the provision of the Act of one thousand eight hundred and sixteen. IV. And be it further enacted by the authority aforesaid, That every person or persons wishing or intending to bring any slave or slaves into &c. to be pro- this State, shall, in addition to the affidavits aforesaid, produce to the judge or judges to whom his, her or their application may be made, a certified copy of the last will and testament of the person or persons who has or have bequeathed the slave or slaves to him, her or them, in case he, she or they claim the same by bequest; and in case he, she or they shall claim the said slave or slaves by marriage, he or they shall produce an affidavit from the person by whom the marriage ceremony was performed, or in case of his death or removal, such other satisfactory evidence of the same, and acertificate of the clerk of the county, with his seal of office thereto attached, that such person is authorized by the laws of such State to join persons in marriage; and in case such person shall claim the said slave or slaves by inheritance, he, she or they shall produce to the said judge, legal and satisfactory evidence that such slave or slaves were the property of his, her or their ancestor or other kindred, and that he, she or they are entitled to the same by inheritance; all which affidavits and certificates shall be deposited in the care of such clerk or commissioner as shall be directed by the judge hearing such application to issue the license in the next clause mentioned. V. And be it further enacted by the authority aforesaid, That if, on Judge to hear hearing the said petition or application, the judge to whom the same shall petitions and be made, shall be of opinion that such person or persons come within the grant licenses. provisions and meaning of this Act, then, and in that case, the said judge may issue an order to a commissioner in equity, or clerk of the court, as the case may be, to grant to the person or persons making application, a license or permit, under the seal of their respective courts, to bring such slave or slaves into this State; and for every such license, the clerk or commissioner granting the same shall receive from the person applying, two dollars. into this State, vied on. VI. And be it further enacted by the authority aforesaid, That no slave Slaves brought or slaves who may be brought into this State under the provisions of this how to be les Act, shall be liable to be levied on, seized or sold for the payment of any debt contracted before or after they are brought into this State, by any person or persons coming to reside herein, unless the plaintiff at whose suit such slave or slaves are levied or seized on, shall, at the time of filing his, her or their declaration, or at the time of issuing their process, make oath, before the clerk of the court, that the debt or demand is justly due to him, her or them, and that the said suit or action is not commenced or prosecu. ted with a desire, intention or design to defeat the operation of this Act, or of the Act to which it is an amendment. No slave brought into this State un sions of this VII. And be it further enacted by the authority aforesaid, That no slave or slaves who may, in pursuance of the provisions of this Act, be brought into this State by any person or persons, shall be sold, bartered, der the provi- exchanged, hired, or in any other way disposed of, at any time within three Act, to be dis- years after they shall be so brought in; and if any person or persons shall posed of within in any manner sell, barter, exchange, hire, or in any other way dispose of the said slave or slaves, the person or persons who shall or may be concerned in parting from or acquiring any right, title, interest or claim in the said slave or slaves, or in or to the service or hire of such slave or slaves, shall three years. Acts relating to Slaves. be, and they are hereby declared, liable to all the pains, penalties and forfeitures imposed by the Act to which this is an amendment, on persons bringing negroes into this State, contrary to the provisions thereof; and the slave or slaves so sold, bartered, hired, exchanged, or disposed of in any other way, within three years, as aforesaid, may be proceeded against and disposed of in the same manner as is prescribed by the said Act, passed on the nineteenth of December, in the year of our Lord eighteen hundred and sixteen. A. D. 1617. cross Savan VIII. And be it further enacted by the authority aforesaid, That no part of this Act, or of the Act passed on the nineteenth day of December, Slaves may in the year of our Lord one thousand eight hundred and sixteen, entitled cross and re"An Act to prohibit the importation of slaves into this State from any of nah river. the United States, and for other purposes therein mentioned," shall be so construed as to prevent any person or persons, having in possession a plantation or plantations on the north side of Savannah river, from crossing and re-crossing the said river, with such slaves as may be necessary or convenient for the purposes of travelling, or the transportation of produce and other articles, to and from the State of Georgia. IX. And be it further enacted by the authority aforesaid, That no part of the aforesaid Act or this Act shall be so construed as to prevent any Also the North person or persons residing on or near the North Carolina line, from cross- Carolina line. ing and re-crossing with such slaves as may be necessary for the purposes of travelling, or for transporting produce and other articles to and from market. Provided nevertheless, that if any person or persons, who shall bring any negro or negroes into this State, under the provisions of this clause, shall sell or dispose of the said slave or slaves, in any way or manner, either by sale or hire, the person or persons so selling, hiring or dispo posing of the same, as well as the person who may purchase or acquire any right or title to the slave or slaves, or to their hire, shall be, and they are hereby declared, liable to all the pains, penalties and forfeitures of this Act, as well as the Act passed the nineteenth day of December, one thousand eight hundred and sixteen. claimed within X. And be it further enacted by the authority aforesaid, That if any slave or slaves, or any negro, Indian, mulatto, Moor or mestizo, bound to Slaves lodged service for a term of years, or for life, shall be lodged in any gaol in this in gaol, and not State, under the provisions of an Act to prohibit the importation of slaves 3 months, may into this State, from any of the United States, and no person shall appear be sold. to claim the said slave or other person, as aforesaid, within three months after such slaves or other persons have been lodged in gaol; or if the person or persons suspected of having brought into this State or purchased such slave or slaves, or other persons, as aforesaid, shall be unknown, or shall have absconded or escaped so that he cannot be proceeded against, according to the provisions of the said Act, then, and in that case, it shall and may be lawful for any judge of the courts of law or equity, at chambers, or, in term time, in open court, upon the application of the person or persons who had seized and lodged the said slave or slaves or other persons, as aforesaid, or his, her or their representative, to order the said slaves or other persons so seized and lodged in gaol, as aforesaid, to be sold by the sheriff of the district, and one half the proceeds of such sale to be paid to the person or persons so applying, upon his, her or their entering into bond, with sufficient security, to the clerk of the court of sessions and common pleas, to re-pay the said money, if at any time thereafter it should VOL. VII-58. A. D. 1818. Acts relating to Slaves. appear that the said slave or slaves, or other persons, had not been brought into this State in violation of the aforesaid Act of the General Assembly; the other half the procceds of such sale to be paid into the public treasury. In the Senate House, the eighteenth day of December, in the year of our Lord one thousand eight hundred and seventeen, and in the forty-second year of the Independence of the United States of America. JAMES R. PRINGLE, President of the Senate. THOS. BENNETT, Speaker of the House of Representatives. No. 2195. AN ACT TO REPEAL THE ACT PASSED AT DECEMBER SESSION, IN THE YEAR ONE THOUSAND EIGHT HUNDRED AND SIXTEEN, AND THE AMEN DATORY ACT THERETO, PASSED AT DECEMBER SESSION, ONE THOU SAND EIGHT HUNDRED AND SEVENTEEN, PROHIBITING AND RESTRICT- I. Be it enacted, by the the Senate and House of Representatives, now met and sitting in General Assembly, and it is hereby enacted by the authority of the same, That from and after the passing of this Act, the Act of the Legislature entitled "An Act to prohibit the importation of slaves into this State from any of the United States; and for other purposes therein mentioned," passed the nineteenth day of December, in the year of our Lord one thousand eight hundred and sixteen; also the Act entitled "An Act to amend an Act entitled an Act to prohibit the importation of slaves into this State, from any of the United States; and for other purposes therein mentioned;" passed the eighteenth day of December, in the year of our Lord one thousand eight hundred and seventeen, be, and the same are hereby, repealed. In the Senate House, the sixteenth day of December, in the year of our Lord one thousand eight hundred and eighteen, and in the forty-third year of the Independence of the United States of America. JAMES R. PRINGLE, President of the Senate. ROBERT Y. HAYNE, Speaker of the House of Representatives. Acts relating to Slaves. A. D. 1820. AN ACT TO RESTRAIN THE EMANCIPATION OF SLAVES, AND TO PREVENT No. 2236. FREE PERSONS OF COLOR FROM ENTERING INTO THIS STATE; AND FOR OTHER PURPOSES. WHEREAS, the great and rapid increase of free negroes and mulattoes in this State, by migration and emancipation, renders it expedient and necessary for the Legislature to restrain the emancipation of slaves, and to prevent free persons of color from entering into this State. I. Be it therefore enacted, by the honorable the Senate and House of No slave to be Representatives, now met and sitting in General Assembly, That no slave emancipated but by Act of shall hereafter be emancipated but by act of the Legislature. the Legisla II. Be it further enacted by the authority aforesaid, That from and after ture. the first day of March next, it shall not be lawful for any free negro or mu- No free negro latto to migrate into this State; and every free negro or mulatto who shall or mulatto to migrate into migrate into this State contrary to this Act, shall and may be apprehended this State. and carried by any white person, before some justice of the peace of the district or parish where he or she shall be taken; which justice is hereby authorized and required to examine such free negro or mulatto, and to order him or her to leave this State. And every free negro or mulatto so ordered to leave the State, and thereafter remaining longer than fifteen days within the same, or having left the State, and thereafter returning to this State, (unless it be in consequence of shipwreck or some other unavoidable accident, or as a seaman on board or belonging to a vessel with which he shall depart, or as a servant to any white person travelling into this State,) upon proof thereof, made before any magistrate and three freeholders, and on conviction thereof, shall be subjected to a fine of twenty dollars, and in default of the payment thereof, shall be publicly sold, after ten days notice, for a term of time not exceeding five years; and if such free negro, mulatto or mestizo, shall be found in this State after the lapse of ten days after paying such fine, or after such servitude under such sale, he, she or they shall be liable to be proceeded against in like manner, and shall be sold for the like sum, and for a term not exceeding five years, until such slave or slaves shall depart the said State. persons into III. Be it further enacted by the authority aforesaid, That every master of a vessel or other person, who shall bring into this State, by water or Penalty for by land, in any vessel or land carriage, or otherwise, any free negro or mu- bringing such latto, shall forfeit and pay for every such free negro or mulatto so brought, this State. the penalty of five hundred dollars; to be recovered by action of debt, or by bill, plaint or information, in any court of record having jurisdiction of the amount; one moiety to be appropriated to the State, and the other to the prosecutor or person who shall inform thereof; and the defendant, in every such case, shall be required to give special bail. Provided, that this Act shall not extend to any masters of vessels bringing into this State any free negro or mulatto employed on board or belonging to such vessel, and who shall therewith depart; nor to any white person travelling into this State, having any free negro or mulatto as a servant; but if said servant shall remain longer than six months within the State, then such white person shall be subject to the penalty aforesaid, and the free negro or mulatto shall be dealt with in the manner before specified in this Act. IV. And be it further enacted, That nothing herein contained shall, Those raised effect any free person of color, being a native of this State, who shall re- in the State turn within the limits of this State within two years after the passing of may return |