any "young man under the age of twenty-one years, or any slaves who are so for terms of life, or apprentices," without leave of their masters. This was the mildest prohibition against the entrance of the slave into the militia service in any of the colonies. There is nothing said about the employment of the free Negroes in this service; and it is fair to suppose, in view of the mild character of the laws, that they were not excluded. In settlements where the German and Quaker elements predominated, the Negro found that his "lines had fallen unto him in pleasant places, and that he had a goodly heritage." In the coast towns, and in the great centres of population, the white people were of a poorer class. Many were adventurers, cruel and unscrupulous in their methods. The speed with which the people sought to obtain a competency wore the finer edges of their feeling to the coarse grain of selfishness; and they not only drew themselves up into the miserable rags of their own selfish aggrandizements as far as all competitors were concerned, but regarded slavery with imperturbable complacency.

In 1738 the population of the Jerseys was, whites, 43,388; blacks, 3,981. In 1745 the whites numbered 56,797, and the blacks, 4,606.1

American Annals, vol. ii. pp. 127, 143.

CHAPTER XXI.

THE COLONY OF SOUTH CAROLINA.

1665-1775.

-

THE CAROLINAS RECEIVE TWO DIFFERENT CHARTERS FROM THe Crown of Great BRITAIN. - ERA OF SLAVERY LEGISLATION. LAW ESTABLISHING SLAVERY. THE SLAVE POPULATION OF THIS PROVINCE REGARDED AS CHATTEL PROPERTY. - TRIAL OF SLAVES. INCREASE OF SLAVE POPULATION. THE INCREASE IN THE RICE-TRADE. - Severe LAWS REGULATING THE PRIVATE and PUBLIC CONDUCT OF SLAVES. - PUNISHMENT OF SLAVES FOR RUNNING AWAY.-THE Life of SLAVES REGARDED AS OF LITTLE CONSEQUENCE BY THE VIOLENT MASTER CLASS. - AN ACT EMPOWERING TWO JUSTICES OF THE PEACE TO INVESTIGATE TREATMENT OF SLAVES. - AN ACT PROHIBITING THE Overworking OF SLAVES-SLAVE-MARKET At Charleston.-INSURRECTION. -A LAW AUTHORIZING THE CARRYING OF FIRE-ARMS AMONG THE WHITES. THE ENLISTMENT OF SLAVES TO SERVE IN TIME OF ALARM.-Negroes adMITTED TO THE MILITIA SERVICE. COMPENSATION TO MASTERS FOR THE LOSS OF SLAVES KILLED BY THE ENEMY OR WHO DESERT. -FEW SLAVES MANUMITTED. - FROM 1754-1776 LITTLE LEGISLATION ON THE SUBJECT OF SLAVERY.-THREatening War beTWEEN ENGLAND and her PROVINCIAL DEPENDENCIES. - THE EFFECT UPON PUBLIC SENTIMENT.

THE

HE Carolinas received two different charters from the crown of Great Britain. The first was witnessed by the king at Westminster, March 24, 1663; the second, June 30, 1665. The last charter was surrendered to the king by seven of the eight proprietors on the 25th July, 1729. The government became regal; and the Province was immediately divided into North and South Carolina by an order of the British Council, and the boundaries between the two governments fixed.

There were Negro slaves in the Carolinas from the earliest days of their existence. The era of slavery legislation began about the year 1690. The first Act for the "Better Ordering of Slaves" was "read three times and passed, and ratified in open Parliament, the seventh day of February, Anno Domini, 1690." It bore the signatures of Seth Sothell, G. Muschamp, John Beresford, and John Harris. It contained fifteen articles of the severest character. On the 7th of June, 1712, the first positive law establishing slavery passed, and was signed. The entire Act embraced thirty

1 An eminent lawyer, chief justice of the Supreme Court of the State of —, and a warm personal friend of mine, recently said to me, during an afternoon stroll, that he never knew that slavery was ever established by statute in any of the British colonies in North America.

five sections. Section one is quoted in full because of the interest that centres in it in connection with the problem of slavery legislation in the colonies.

"1. Be it therefore enacted, by his Excellency, William, Lord Craven, Palatine, and the rest of the true and absolute Lords and Proprietors of this Province, by and with the advice and consent of the rest of the members of the General Assembly, now met at Charlestown, for the South-west part of this Province, and by the authority of the same, That all negroes, mulatoes, mustizoes or Indians, which at any time heretofore have been sold, or now are held or taken to be, or hereafter shall be bought and sold for slaves, are hereby declared slaves; and they, and their children, are hereby made and declared slaves, to all intents and purposes; excepting all such negroes, mulatoes, mustizoes or Indians, which heretofore have been, or hereafter shall be, for some particular merit, made and declared free, either by the Governor and council of this Province, pursuant to any Act or law of this Province, or by their respective owners or masters; and also, excepting all such negroes, mulatoes, mus oes or Indians, as can prove they ought not to be sold for slaves. And in case any negro, mulatoe, mustizoe or Indian, doth lay claim to his or her freedom, upon all or any of the said accounts, the same shall be finally heard and determined by the Governor and council of this Province."

I

The above section was re-enacted into another law, containing forty-three sections, passed on the 23d of February, 1722. Virginia declared that children should follow the condition of their mothers, but never passed a law in any respect like unto this most remarkable Act. South Carolina has the unenviable reputation of being the only colony in North America where by positive statute the Negro was doomed to perpetual bondage.2 On the 10th of May, 1740, an act regulating slaves, containing fifty sections, recites :

"WHEREAS, in his Majesty's plantations in America, slavery has been introduced and allowed, and the people commonly called negroes, Indians, mulattoes and mustizoes, 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 slave 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: We pray your most sacred Majesty that it may be enacted." 3

1 Statutes of S. C., vol. vii. p. 352.

2 Virginia made slavery statutory as did other colonies, but we have no statute so explicit as the above. But slavery was slavery in all the colonies, cruel and hurtful.

3 Statutes of S. C., vol. vii. p. 397.

The first section of this Act was made more elaborate than any other law previously passed. It bore all the marks of ripe scholarship and profound law learning. The first section is produced. here:

"1. And be it enacted, by the honorable William Bull, Esquire, Lieutenant Governor and Commander-in-chief, by and with the advice and consent of his Majesty's honorable Council, and the Commons House of Assembly of this Province, and by the authority of the same, That all negroes and Indians, (free Indians in amity with this government, and negroes, mulattoes and mustizoes, who are now free, excepted,) mulattoes or mustizoes who now are, or shall hereafter be, in this Province, and all their issue and offspring, born or to be born, shall be, and they are hereby declared to be, and remain forever here-after, absolute slaves, and shall follow the condition of the mother, and shall be deemed, held, 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 whatsoever; provided always, that if any negro, Indian, mulatto or mustizo, shall claim his or her freedom, it shall and may be lawful for such negro, Indian, mulatto or mustizo, or any person or persons whatsoever, on his or her behalf, to apply to the justices of his Majesty's court of common pleas, by petition or motion, either during the sitting of the said court, or before any of the justices of the same court, at any time in the vacation; and the said court, or any of the justices thereof, shall, and they are hereby fully impowered to, admit any person so applying to be guardian for any negro, Indian, mulatto or mustizo, claiming his, her or their freedom; and such guardians shall be enabled, entitled and capable in law, to bring an action of trespass in the nature of ravishment of ward, against any person who shall claim property in, or who shall be in possession of, any such negro, Indian, mulatto or mustizo; and the defendant shall and may plead the general issue on such action brought, and the special matter may and shall be given in evidence, and upon a general or special verdict found, judgment shall be given according to the very right of the cause, without having any regard to any defect in the proceedings, either in form or substance; and if judgment shall be given for the plaintiff, a special entry shall be made, declaring that the ward of the plaintiff is free, and the jury shall assess damages which the plaintiff's ward hath sustained, and the court shall give judgment, and award execution, against the defendant for such damage, with full costs of suit; but in case judgment shall be given for the defendant, the said court is hereby fully impowered to inflict such corporal punishment, not extending to life or limb, on the ward of the plaintiff, as they, in their discretion, shall think fit; provided always, that in any action or suit to be brought in pursuance of the direction of this Act, the burthen of the proof shall lay on the plaintiff, and it shall be always presumed that every negro, Indian, mulatto and mustizo, is a slave, unless the contrary can be made appear, the Indians in amity with this government excepted, in which case the burthen of the proof shall lye on the defendant; provided also, that nothing in this Act shall be construed to hinder or restrain any other court of law or equity in this Province, from determining the property of slaves, or their right of freedom,

which now have cognizance or jurisdiction of the same, when the same shall happen to come in judgment before such courts, or any of them, always taking this Act for their direction therein." I

The entire slave population of this Province was regarded as chattel property, absolutely. They could be seized in execution as in the case of other property, but not, however, if there were other chattels available. In case of "burglary, robbery, burning of houses, killing or stealing of any meat or other cattle, or other petty injuries, as maiming one of the other, stealing of fowls, provisions, or such like trespass or injuries," a justice of the peace was to be informed. He issued a warrant for the arrest of the offender or offenders, and summoned all competent witnesses. After examination, if found guilty, the offender or offenders were committed to jail. The justice then notified the justice next to him to be associated with him in the trial. He had the authority to fix the day and hour of the trial, to summon witness, and "three discreet and sufficient freeholders." The justices then swore the "freeholders," and, after they had tried the case, had the authority to pronounce the sentence of death, "or such other punishment' as they felt meet to fix. "The solemnity of a jury" was never accorded to slaves. "Three freeholders" could dispose of human life in such cases, and no one could hinder.2 The confession of the accused slave, and the testimony of another slave, were "held for good and convincing evidence in all petty larcenies or trespasses not exceeding forty shillings." In the case of a Negro on trial for his life, "the oath of Christian evidence" was required, or the "positive evidence of two Negroęs or slaves," in order to convict.

The increase of slaves was almost phenomenal. The ricetrade had grown to enormous proportions. The physical obstruction gave away rapidly before the incessant and stupendous efforts of Negro laborers. The colonists held out most flattering inducements to Englishmen to emigrate into the Province. The home government applauded the zeal and executive abilities of the local authorities. Attention was called to the necessity of legislation for the government of the vast Negro population in the colony. The code of South Carolina was without an example among the civilized governments of modern times. It was unlawful for any free

* Statutes of S. C., vol. vii. pp. 397, 398.

2 Ibid., vol. vii. pp. 343, 344.