$ 557.

LEGISLATION OF THE STATE OF SOUTH CAROLINA.

1778, March 19. Constitution of the State,' contains no general attribution of any rights as natural. Sec. 41 declares that "no freeman" be taken, &c. 12. Limits the franchise to free white persons.

1787.-An ordinance to impose a penalty on any person who shall import into this State any negroes contrary to the installment act. 7 Statute L. 430.

1788. An act relating to the detention of runaways. Ibid. 430.

1790, June 3. Constitution of the State. Art. I. sec. 1, elective franchise as before. Art. IX. a Bill of Rights, sec. 1, declaring "all power is originally vested in the people." 2. "No freeman shall," &c. 6. That trial by jury as heretofore used, and liberty of the press, shall be inviolably preserved.

1792.—An act to prohibit the importation of slaves from Africa or other places beyond the sea into this State; and also to prohibit the importation or bringing in slaves or negroes, mulattoes, Indians, Moors, or mestizoes bound for a term of years from any of the United States by land or by water. Ibid. 431. An exception is made in the case of actual settlers bringing their slaves, citizens acquiring slaves in other States, slaves of travelers, &c. This act revised and extended by an act of 1794, ibid. 433, until Jan. 1, 1797.

1796.-An act to prohibit the importation of negroes until the first day of January, 1797. Ibid, 434. This was extended to the 15th Jan., 1801, and afterwards to 1803. Ibid. 435, 436. These statutes were repealed in 1803. An act against dealing with slaves, &c. Ibid. 434.

1800.-An act to prevent negro slaves and other persons of color from being brought into or entering this State. Ibid. 436. Sec. 1, forbids the importation of slaves, with the exceptions already made, and makes it unlawful " for any free negro, mu

1 In this Constitution, the Constitution or frame of government established by a Provincial Congress, March 26, 1776, is herein referred to as intended only for temporary purposes.

By Art. I. sec. 6, the possession of "ten negroes," is among the alternative requisites for eligibility to the State House of Representatives.

latto, or mestizo," to enter the State. This was enacted for three years, but declared perpetual in 1803. Ibid. 450. (A supplementary act with more stringent provisions was enacted in 1801. Ibid. 444. Modified in 1802, in favor of persons removing into the State. Ibid. 447.). An act respecting slaves,' &c. Ibid. 440. Sec. 1, provides for dispersing negro assemblies, by patrols and others, for employment of white overseers. 7-9. Requires emancipation to be by deed, after examination by magistrate and freeholders of slave's character and ability for self-support; recites the practice of emancipating infirm, aged, and depraved slaves. Sec. 1 is modified by an act of 1803, ibid. 448, so that, without a warrant, no person may, before nine of the evening, "break into any place of meeting wherein shall be assembled the members of any religious society of this State, provided a majority of them shall be white persons, or otherwise disturb their devotions."

1803.-An act repealing and amending former acts on the importation of slaves. Ib. 449. Prohibits the importation of negroes, &c., bond or free, from Bahama, or the West Indies or South America, and from the "sister States," unless with a certificate of good character; declares forfeiture of negroes, free or bond, sent or entering into the State contrary to this act. The acts of 1800, 1801, against the importation of slaves generally, are declared perpetual.

1816. An act to prohibit the importation of slaves into this State from any of the United States, &c. Ibid. 451, the only exception is in favor of travelers with not more than two slaves, or settlers traveling to other States, having certificates of the number, &c., of their slaves. An act of 1817, ib. 455, contains additional provisions. These acts are repealed by an act of Dec. 16, 1818. Ibid. 458.

1 White v. Chambers (1796), 2 Bay. 70, Caption :-" Battery of a slave is actionable by the master, though the slave himself can maintain no such action. If a slave is insolent to a freeman he ought, in the first place, to complain to the master or other person having charge of such negro slave, who ought to give him redress. But if the master or person having charge of such slave refuse redress, then application should be made to a civil magistrate, who was bound to redress the injury. But he ought not to take revenge by his own arm.”

1817.-Another act against trading with slaves.

Ib. 454.

1820.—An act to restrain the emancipation of slaves and to prevent free persons of color from entering into this State. Ib. 459. Sec. 1 enacts that slaves shall be emancipated by act of the Legislature only. 2. Forbids entry of free blacks, who, on remaining fifteen days after order to leave (unless in cases of shipwreck, &c., or being seamen on vessels which are to depart, or the servants of travelers), shall be fined and sold in default. 6. Declares the circulation of written or printed papers, "with intent to disturb the security of the State in respect to the slaves," a high misdemeanor, and provides punishment.

1821. An act to increase the punishment inflicted on persons convicted of murdering any slave, &c. 6 Stat. at L. 158. That if any person "shall willfully, maliciously, and deliberately murder any slave within this State, such person, on conviction, shall suffer death without benefit of clergy." That if any "shall kill any slave on sudden heat and passion,' such person, on conviction, shall be fined in a sum not to exceed five hundred dollars, and be imprisoned not exceeding six months." Act pro

viding new penalties for harboring slaves. 7 Stat. 460.

1822. An act for the better regulation and government of free negroes, &c. Ib. 461. Sec. 1. That free negroes leaving the State shall not return. 2. A tax on free negroes, &c. 3-5. Against landing free negroes. 6. Against slaves hiring out their time. 7. Free negroes to have guardians. (See law of 1860.) 8. Counseling blacks to rebel declared felony, punishable with death. This act and that of 1820 are modified or comprehended in the act of,

1823.—An act more effectually to prohibit free negroes, &c. Ib. 463, which provides for the imprisonment of colored seamen, &c., during the stay of the vessel in port, and provides for a fine on masters of vessels bringing such. This is not to

This is a different offence from manslaughter at common law. State v. Rains,

3 McCord, 583. See the act of 1740.

2

Groning v. Devana (1831), 2 Bayley, 192. A free person of color is not a competent witness in any case in the courts of record, although both parties to the suit are of the same class with himself; nor can book entries made by a free negro be received in evidence on the oath of a white to his handwriting.

* See 1 Op. U. S. Atty. Gen. 817, opinion of J. M. Berrien that this law of South VOL. II.-7

apply to "free American Indians, free Moors, or Lascars, or other colored subjects of countries beyond the Cape of Good Hope," nor to vessels of war. Sec. 6. Makes it unlawful to bring back to the State any slave who may have been carried to the West Indies, Mexico, South America, Europe, any sister State north of the Potomac, or to the city of Washington.'

By additional act of 1825, ib. 466, vessels bringing such may be obliged to remove from the wharf and discharge and load by lighters. Free negroes are not to carry firearms or be employed as pioneers. This and earlier acts on the subject are repealed or comprehended in the fuller provisions of an act of 1835, Dec. 19, with this title, ibid. 470, which again is modified as to Cuba by law of 1847, 11 St. at L. p. 438, and as to ports on the Chesapeake, by law of 1848, ib. p. 511.

1831.—An act relating to slaves, &c. Ib. 467. Against negroes manufacturing or selling spirits, and establishing distinctions in punishment of blacks for torts.

1834. An act to amend, &c. Ib. 467. Sec. 1. Prohibits. teaching slaves to read or write, under penalties. 2. Prohibits employing a colored person "as clerk or salesman in any shop, store, or house used for trading." 3-5. New penalties for selling spirits to slaves. 6. Against gambling with slaves.

1839, c. 7. An act concerning the office and duties of magistrates. Sec. 23. Enacts that all offences committed by a slave or free person of color, shall be tried before a magistrate and five freeholders.', c. 13. A new patrol act, contains the usual grants of power in respect to slaves and free negroes.

Carolina is not in conflict with the treaty between the United States and Great Britain. W. W. Story, in Life of Judge Story, vol. 2, p. 515, speaking of Mr. Hoar's object in visiting Charleston in 1844-5:-"This law, though it had already been pronounced unconstitutional by the circuit court of the United States sitting at Charleston and so certified to the executive at Washington, still continued in force." But qu. if the opinion was not on the State circuit, by Judge Johnson?

State v. Simons, 2 Speers, 761, that the law of 1835 forfeiting slaves on their return, who may have been carried north of the Potomac, not being sanctioned by law existing at the adoption of the State Constitution, and not proceeding by trial by jury is, so far, unconstitutional.

See in The State v. Nicholas (1847), 2 Strobhart, 278, the account of the previous law of courts of this class. Eden v. Legare (1791), 1 Bay. 171; King v. Wood (1818), 1 Nott & McCord, 184, calling one a mulatto is actionable per se in this State. Whether one is a person of color is to be decided by a jury; inspec

1841.—An act to prevent the citizens of New York from carrying slaves or persons held to service out of this State, and to prevent the escape of persons charged with the commission of any crime. 11 St., p. 149. Provides for inspection of vessels owned in New York, and not navigated by a citizen of South Carolina. Additional is an act of 1842, ib. p. 219.

An act

An act to prevent the emancipation of slaves, and for other purposes. Ib. p. 152. Declares void all testamentary emancipations and deeds of trust for that end. to make the unlawful whipping or beating of a slave an indictable offence. Ib. p. 153.

1843. An act to increase the penalty for concealing or conveying away any slave accused of a capital crime. Ib. 257. An act declaring rape by a slave on a white to be capitally punishable. Ib. 258. Another amending patrol law. Ib. 258. An act to provide compensation to owners of

slaves executed. Ib. 264.

1844.—An act to provide for the punishment of persons disturbing the peace of this State in relation to slaves and free persons of color. Ib. p. 292. Sec. 1 provides for banishment, with fine and imprisonment, of any who may come within the State" for the purpose or with an intent to disturb, counteract, or hinder the operation of such laws and regulations as have been or shall be made by the public authorities of this State in relation to slaves or free persons of color." 2. Provides for the punishment of residents who may accept authority from any other State or foreign power, and commit any overt act with the like purpose, &c. 3-5. Governor shall require persons who may come with the above intent to depart, and provides for the punishment, &c., in case of remaining.

An act amending the law of 1835, to prevent free negroes entering the State, ib. 293. Declares that negroes so entering shall not be entitled to habeas corpus.

1849.-An act amending the slave code of 1822, forbids slaves being allowed to hire their time. Ib. 578.

tion, reputation of parentage, and station in society. State v. Davis, 2 Bailey, 558; State v. Cantey, 2 Hill, 614.