History of the Negro Race in America from 1619 to 1880. Vol 1 / Negroes as Slaves, as Soldiers, and as Citizens

The education of the Negro slave in this colony was thought to be inimical to the best interests of the master class. Ignorance was the sine qua non of slavery. The civil government and ecclesiastical establishment ground him, body and spirit, as between "the upper and nether millstones." But the Negro was a good listener, and was not unconscious of what was going on around him. He was neither blind nor deaf.

The fires of the Revolutionary struggle began to melt the frozen feelings of the colonists towards the slaves. When they began to feel the British lion clutching at the throat of their own liberties, the bondage of the Negro stared them in the face. They knew the Negro's power of endurance, his personal courage, his admirable promptitude in the performance of difficult tasks, and his desperate spirit when pressed too sharply. The thought of such an ally for the English army, such an element in their rear, was louder in their souls than the roar of the enemy's guns. The act of June, 1774, shows how deeply the people felt on the subject.

"An Act prohibiting the importation of Negroes into this Colony.

Whereas, the inhabitants of America are generally engaged in the preservation of their own rights and liberties, among which, that of personal freedom must be considered as the greatest; as those who are desirous of enjoying all the advantages of liberty themselves, should be willing to extend personal liberty to others;—

"Therefore, be it enacted by this General Assembly, and by the authority thereof it is enacted, that for the future, no negro or mulatto slave shall be brought into this colony; and in case any slave shall hereafter be brought in, he or she shall be, and are hereby, rendered immediately free, so far as respects personal freedom, and the enjoyment of private property, in the same manner as the native Indians.

"Provided, nevertheless, that this law shall not extend to servants of persons travelling through this colony, who are not inhabitants thereof, and who carry them out with them, when they leave the same.

"Provided, also, that nothing in this act shall extend, or be deemed to extend, to any negro or mulatto slave, belonging to any inhabitant of either of the British colonies, islands or plantations, who shall come into this colony, with an intention to settle or reside, for a number of years, therein; but such negro or mulatto, so brought into this colony, by such person inclining to settle or reside therein, shall be, and remain, in the same situation, and subject in like manner to their master or mistress, as they were in the colony or plantation from whence they removed.

"Provided, nevertheless, that if any person, so coming into this colony, to settle or reside, as aforesaid, shall afterwards remove out of the same, such person shall be obliged to carry all such negro or mulatto slaves, as also all such as shall be born from them, out of the colony with them. "Provided, also, that nothing in this act shall extend, or be deemed to extend, to any negro or mulatto slave brought from the coast of Africa, into the West Indies, on board any vessel belonging to this colony, and which negro or mulatto slave could not be disposed of in the West Indies, but shall be brought into this colony.

"Provided, that the owner of such negro or mulatto slave give bond to the general treasurer of the said colony, within ten days after such arrival in the sum of £100, lawful money, for each and every such negro or mulatto slave so brought in, that such negro or mulatto slave shall be exported out of the colony, within one year from the date of such bond; if such negro or mulatto be alive, and in a condition to be removed.

"Provided, also, that nothing in this act shall extend, or be deemed to extend, to any negro or mulatto slave that may be on board any vessel belonging to this colony, now at sea, in her present voyage."[473]

In 1730 the population of Rhode Island was, whites, 15,302; Indians, 985; Negroes, 1,648; total, 17,935. In 1749 there were 28,439 whites, and 3,077 Negroes. Indians were not given this year. In 1756 the whites numbered 35,939, the Negroes 4,697. In 1774 Rhode Island contained 9,439 families, Newport had 9,209 inhabitants. The whites in the entire colony numbered 54,435, the Negroes, 3,761, and the Indians, 1,482.[474] It will be observed that the Negro population fell off between the years 1749 and 1774. It is accounted for by the fact mentioned before,—that many ran away on ships that came into the Province.

The Negroes received better treatment at this time than at any other period during the existence of the colony. There was a general relaxation of the severe laws that had been so rigidly enforced. They took great interest in public meetings, devoured with avidity every scrap of news regarding the movements of the Tory forces, listened with rapt attention to the patriotic conversations of their masters, and when the storm-cloud of war broke were as eager to fight for the independence of North America as their masters.

CHAPTER XX.

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THE colony of New Jersey passed into the control of the English in 1664; and the first grant of political powers, upon which the government was erected, was conveyed by the Duke of York to Berkeley and Carteret during the same year. In the "Proprietary Articles of Concession," the words servants, slaves, and Christian servants occur. It was the intention of the colonists to draw a distinction between "servants for a term of years," and "servants for life," between white servants and black slaves, between Christians and pagans.

When slavery was introduced into Jersey is not known.[475] There is no doubt but that it made its appearance there almost as early as in New Netherlands. The Dutch, the Quakers, and the English held slaves. But the system was milder here than in any of the other colonies. The Negroes were scattered among the families of the whites, and were treated with great humanity. Legislation on the subject of slavery did not begin until the middle of the eighteenth century, and it was not severe. Before this time, say three-quarters of a century, a few Acts had been passed calculated to protect the slave element from the sin of intoxication. In 1675 an Act passed, imposing fines and punishments upon any white person who should transport, harbor, or entertain "apprentices, servants, or slaves." It was perfectly natural that the Negroes should be of a nomadic disposition. They had no homes, no wives, no children,—nothing to attach them to a locality. Those who resided near the seacoast watched, with unflagging interest, the coming and going of the mysterious white-winged vessels. They hung upon the storied lips of every fugitive, and dreamed of lands afar where they might find that liberty for which their souls thirsted as the hart for the water-brook. Far from their native country, without the blessings of the Church, or the warmth of substantial friendship, they fell into a listless condition, a somnolence that led them to stagger against some of the regulations of the Province. Their wandering was not inspired by any subjective, inherent, generic evil: it was but the tossing of a weary, distressed mind under the dreadful influences of a hateful dream. And what little there is in the early records of the colony of New Jersey is at once a compliment to the humanity of the master, and the docility of the slave.

In 1676 the colony was divided into East and West Jersey, with separate governments. The laws of East Jersey, promulgated in 1682, contained laws prohibiting the entertaining of fugitive servants, or trading with Negroes. The law respecting fugitive servants was intended to destroy the hopes of runaways in the entertainment they so frequently obtained at the hands of benevolent Quakers and other enemies of "indenture" and slavery. The law-makers acted upon the presumption, that as the Negro had no property, did not own himself, he could not sell any article of his own. All slaves who attempted to dispose of any article were regarded with suspicion. The law made it a misdemeanor for a free person to purchase any thing from a slave, and hence cut off a source of revenue to the more industrious slaves, who by their frugality often prepared something for sale.

In 1694 "an Act concerning slaves" was passed by the Legislature of East Jersey. It provided, among other things, for the trial of "negroes and other slaves, for felonies punishable with death, by a jury of twelve persons before three justices of the peace; for theft, before two justices; the punishment by whipping." Here was the grandest evidence of the high character of the white population in East Jersey. In every other colony in North America the Negro was denied the right of "trial by jury," so sacred to Englishmen. In Virginia, Maryland, Massachusetts, Connecticut,—in all the colonies,—the Negro went into court convicted, went out convicted, and was executed, upon the frailest evidence imaginable. But here in Jersey the only example of justice was shown toward the Negro in North America. "Trial by jury" implied the right to be sworn, and give competent testimony. A Negro slave, when on trial for his life, was accorded the privilege of being tried by twelve honest white colonists before three justices of the peace. This was in striking contrast with the conduct of the colony of New York, where Negroes were arrested upon the incoherent accusations of dissolute whites and terrified blacks. It gave the Negroes a new and an anomalous position in the New World. It banished the cruel theory of Virginia, New York, and Connecticut, that the Negro was a pagan, and therefore should not be sworn in courts of justice, and threw open a wide door for his entrance into a more hopeful state than he had, up to that time, dared to anticipate. It allowed him to infer that his life was a little more than that of the brute that perisheth; that he could not be dragged by malice through the forms of a trial, without jury, witness, counsel, or friend, to an ignominious death, that was to be regretted only by his master, and his regrets to be solaced by the Legislature paying "the price;" that the law regarded him as a man, whose life was too dear to be committed to the disposition of irascible men, whose prejudices could be mollified only in extreme cruelty or cold-blooded murder. It had much to do toward elevating the character of the Negro in New Jersey. It first fired his heart with the noble impulse of gratitude, and then led him to hope. And how much that little word means! It causes the soul to spread its white pinions to every favoring breeze, and hasten on to a propitious future. And then the fact that Negroes had rights acknowledged by the statutes, and respectfully accorded them by the courts, had its due influence upon the white colonists. The men, or class of men, who have rights not challenged, command the respect of others. The fact clothes them with dignity as with a garment. And then, by the inevitable logic of the position of the courts of East Jersey, the colonists were led to the conclusion that the Negroes among them had other rights. And, as it has been said already, they received better treatment here than in any other colony in the country.

In West Jersey happily the word "slave" was omitted from the laws. Only servants and runaway servants were mentioned, and the selling of rum to Negroes and Indians was strictly forbidden.

The fear of insurrection among Indians and Negroes was general throughout all of the colonies. One a savage, and the other untutored, they knew but two manifestations,—gratitude and revenge. It was deemed a wise precaution to keep these unfortunate people as far removed from the exciting influences of rum as possible. Chapter twenty-three of a law passed in West Jersey in 1676, providing for publicity in judicial proceedings, concludes as follows:—

"That all and every person and persons inhabiting the said province, shall, as far as in us lies, be free from oppression and slavery."[476]

In 1702 the proprietors of East and West Jersey surrendered their rights of government to the queen. The Province was immediately placed with New York, and the government committed to the hands of Lord Cornbury.[477] In 1704 "An Act for regulating negroe, Indian and mulatto slaves within the province of New Jersey," was introduced, but was tabled and disallowed. The Negroes had just cause for the fears they entertained as to legislation directed at the few rights they had enjoyed under the Jersey government. Their fellow-servants over in New York had suffered under severe laws, and at that time had no privilege in which they could rejoice. In 1713 the following law was passed:—

"An act for regulating slaves. (1 Nev. L., c. 10.) Sect. 1. Against trading with slaves. 2. For arrest of slaves being without pass. 3. Negro belonging to another province, not having license, to be whipped and committed to jail. 4. Punishment of slaves for crimes to be by three or more justices of the peace, with five of the principal freeholders, without a grand jury; seven agreeing, shall give judgment. 5. Method in such causes more particularly described. Provides that 'the evidence of Indian, negro, or mulatto slaves shall be admitted and allowed on trials of such slaves, on all causes criminal.' 6. Owner may demand a jury. 7, 8. Compensation to owners for death of slave. 9. A slave for attempting to ravish any white woman, or presuming 'to assault or strike any free man or woman professing Christianity,' any two justices have discretionary powers to inflict corporal punishment, not extending to life or limb. 10. Slaves, for stealing, to be whipped. 11. Penalties on justices, &c., neglecting duty. 12. Punishment for concealing, harboring, or entertaining slaves of others. 13. Provides that no Negro, Indian, or mulatto that shall thereafter be made free, shall hold any real estate in his own right, in fee simple or fee tail. 14. 'And whereas it is found by experience that free Negroes are an idle, slothful people, and prove very often a charge to the place where they are,' enacts that owners manumitting, shall give security, &c."[478]

Nearly all the humane features of the Jersey laws were supplanted by severe prohibitions, requirements, and penalties. The trial by jury was construed to mean that one Negro's testimony was good against another Negro in a trial for a felony, allowing the owner of the slave to demand a jury. Humane masters were denied the right to emancipate their slaves, and the latter were prohibited from owning real property in fee simple or fee tail. Having stripped the Negro of the few rights he possessed, the General Court, during the same year, went on to reduce him to absolute property, and levied an impost-tax of ten pounds upon every Negro imported into the colony, to remain in force for seven years.

In 1754 an Act provided, that in the borough of Elizabeth any white servant or servants, slave or slaves, which shall "be brought before the Mayor, &c., by their masters or other inhabitant of the Borough, for any misdemeanor rude or disorderly behavior, may be committed to the workhouse to hard labor and receive correction not exceeding thirty lashes."[479] This Act was purely local in character, and indiscriminate in its application to every class of servants. It was nothing more than a police regulation, and as such was a wholesome law.

In 1768 the General Court passed An Act to regulate the trial of slaves for murder and other crimes and to repeal so much of an act, &c. Sections one and two provided for the trial of slaves by the ordinary higher criminal courts. Section three provided that the expenses incurred in the execution of slaves should be levied upon all the owners of able-bodied slaves in the county, by order of the justices presiding at the trial. Section four repealed sections four, five, six, and seven of the Act of 1713. This was significant. It portended a better feeling toward the Negroes, and illumined the dark horizon of slavery with the distant light of hope. A strong feeling in favor of better treatment for Negro slaves made itself manifest at this time. When the Quaker found the prejudice against himself subsiding, he turned, like a good Samaritan, to pour the wine of human sympathy into the lacerated feelings of the Negro. Private instruction was given to them in many parts of Jersey. The gospel was expounded to them in its beauty and simplicity, and produced its good fruit in better lives.

The next year, 1769, a mercenary spirit inspired and secured the passage of another Act levying a tax upon imported slaves, and requiring persons manumitting slaves to give better securities. It reads,—

"Whereas duties on the importation of negroes in several of the neighboring colonies hath, on experience, been found beneficial in the introduction of sober industrious foreigners, to settle under his Majesty's allegiance, and the promoting a spirit of industry among the inhabitants in general, in order therefore to promote the same good designs in this government and that such as purchase slaves may contribute some equitable proportion of the public burdens."[480]

How an impost-tax upon imported slaves would be "beneficial in the introduction of sober industrious foreigners," is not easily perceived; and how it would promote "a spirit of industry among the inhabitants in general," is a problem most difficult of solution. But these were the lofty reasons that inspired the General Court to seek to fill the coffers of the Province with money drawn from the slave-lottery, where human beings were raffled off to the highest bidders in the colony. The cautious language in which the Act was couched indicated the sensitive state of the public conscience on slavery at that time. They were afraid to tell the truth. They did not dare to say to the people: We propose to repair the streets of your towns, the public roads, and lighten the burden of taxation, by saying to men-stealers, we will allow you to sell your cargoes of slaves into this colony provided you share the spoils of your superlative crime! No, they had to tell the people that the introduction of Negro slaves, upon whom there was a tax, would entice sober and industrious white people to come among them, and would quicken the entire Province with a spirit of thrift never before witnessed!

In 1760 the Negro was ruled out of the militia establishment upon a condition. The law provided against the enlistment of 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.[481]

CHAPTER XXI.

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THE 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.[482] The entire Act embraced thirty-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, mustizoes 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."[483]

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.[484] On the 10th of May, 1740, an act regulating slaves, containing fifty sections, recites:—

"Whereas, in his Majesty's plantations in America, slavery his 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."[485]

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 hereafter, 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."[486]

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.[487] 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 Negroes or slaves," in order to convict.

The increase of slaves was almost phenomenal. The rice-trade 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 person to inhabit or trade with Negroes.[488] Slaves could not leave the plantation on which they were owned, except in livery, or armed with a pass, signed by their master, containing the name of the possessor. For a violation of this regulation they were whipped on the naked back. No man was allowed to conduct a "plantation, cow-pen or stock," that shall be six miles distant from his usual place of abode, and wherein six Negroes were employed, without one or more white persons were residing on the place.[489] Negro slaves found on another plantation than the one to which they belonged, "on the Lord's Day, fast days, or holy-days," even though they could produce passes, were seized and whipped. If a slave were found "keeping any horse, horses, or neat cattle," any white man, by warrant, could seize the animals, and sell them through the church-wardens; and the money arising from such sale was devoted to the poor of the parish in which said presumptuous slaves resided. If more than seven slaves were found travelling on the highway, except accompanied by a white man, it was lawful for any white man to apprehend each and every one of such slaves, and administer twenty lashes upon their bare back. No slave was allowed to hire out his time. Some owners of slaves were poor, and, their slaves being trusty and industrious, permitted them to go out and get whatever work they could, with the understanding that the master was to have the wages. An Act was passed in 1735, forbidding such transactions, and fining the persons who hired slaves who had no written certificate from their masters setting forth the terms upon which the work was to be done. No slave could hire a house or plantation. No amount of industry could make him an exception to the general rule. If he toiled faithfully for years, amassed a fortune for his master, earned quite a competence for himself during the odd moments he caught from a busy life, and then, with acknowledged character and business tact, he sought to hire a plantation or buy a house, the law came in, and pronounced it a misdemeanor, for which both purchaser and seller had to pay in fines, stripes, and imprisonment. A slave could not keep in his own name, or that of his master, any kind of a house of entertainment. He was even prohibited by law from selling corn or rice in the Province. The penalty was a fine of forty shillings, and the forfeiture of the articles for sale. They could not keep a boat or canoe.

The cruelties of the code are without a parallel, as applied to the correction of Negro slaves.

"If any negro or Indian slave [says the act of Feb. 7, 1690] shall offer any violence, by stricking or the like, to any white person, he shall for the first offence be severely whipped by the constable, by order of any justice of peace; and for the second offence, by like order, shall be severely whipped, his or her nose slit, and face burnt in some place; and for the third offence, to be left to two justices and three sufficient freeholders, to inflict death, or any other punishment, according to their discretion."

As the penalties for the smallest breach of the slave-code grew more severe, the slaves grew more restless and agitated. Sometimes under great fear they would run away for a short time, in the hope that their irate masters would relent. But this, instead of helping, hindered and injured the cause of the slaves. Angered at the conduct of their slaves, the master element, having their representatives on the floor of the Assembly, secured the passage of the following brutal law:—

"That every slave of above sixteen years of age, that shall run away from his master, mistress or overseer, and shall so continue for the space of twenty days at one time, shall, by his master, mistress, overseer or head of the family's procurement, for the first offence, be publicly and severely whipped, not exceeding forty lashes; and in case the master, mistress, overseer, or head of the family, shall neglect to inflict such punishment of whipping, upon any negro or slave that shall so run away, for the space of ten days, upon complaint made thereof, within one month, by any person whatsoever, to any justice of the peace, the said justice of the peace shall, by his warrant directed to the constable, order the said negro or slave to be publicly and severely whipped, the charges of such whipping, not exceeding twenty shillings, to be borne by the person neglecting to have such runaway negro whipped, as before directed by this Act. And in case such negro or slave shall run away a second time, and shall so continue for the space of twenty days, he or she, so offending, shall be branded with the letter R, on the right cheek. And in case the master, mistress, overseer, or head of the family, shall neglect to inflict the punishment upon such slave running away the second time, the person so neglecting shall forfeit the sum of ten pounds, and upon any complaint made by any person, within one month, to any justice of the peace, of the neglect of so punishing any slave for running away the second time, such justice shall order the constable to inflict the same punishment upon such slave, or cause the same to be done, the charges thereof, not exceeding thirty shillings, to be borne by the person neglecting to have the punishment inflicted. And in case such negro or slave shall run away the third time, and shall so continue for the space of thirty days, he or she, so offending, for the third offence, shall be severely whipped, not exceeding forty lashes, and shall have one of his ears cut off; and in case the master, mistress, overseer or head of the family, shall neglect to inflict the punishment upon such slave running away the third time, the person so neglecting shall forfeit the sum of twenty pounds, and upon any complaint made by any person, within two months, to any justice of the peace, of the neglect of the so punishing any slave for running away the third time, the said justice shall order the constable to inflict the same punishment upon such slave, or cause the same to be done, the charges thereof, not exceeding forty shillings, to be borne by the person neglecting to have the punishment inflicted. And in case such male negro or slave shall run away the fourth time, and shall so continue for the space of thirty days, he, so offending, for the fourth offence, by order or procurement of the master, mistress, overseer or head of the family, shall be gelt; and in case the negro or slave that shall be gelt, shall die, by reason of his gelding, and without any neglect of the person that shall order the same, the owner of the negro or slave so dying, shall be paid for him, out of the public treasury. And if a female slave shall run away the fourth time, then she shall, by order of her master, mistress or overseer, be severely whipped, and be branded on the left cheek with the letter R, and her left ear cut off. And if the owner, if in this Province, or in case of his absence, if his agent, factor or attorney, that hath the charge of the negro or slave, by this Act required to be gelt, whipped, branded and the ear cut off, for the fourth time of running away, shall neglect to have the same done and executed, accordingly as the same is ordered by this Act, for the space of twenty days after such slave is in his or their custody, that then such owner shall lose his property to the said slave, to him or them that will sue for the same, by information, at any time within six months, in the court of common pleas in this Province. And every person who shall so recover a slave by information, for the reasons aforesaid, shall, within twenty days after such recovery, inflict such punishment upon such slave as his former owner or head of a family ought to have done, and for neglect of which he lost his property to the said slave, or for neglect thereof shall forfeit fifty pounds; and in case any negro slave so recovered by information, and gelt, shall die, in such case, the slave so dying shall not be paid for out of the public treasury. And in case any negro or slave shall run away the fifth time, and shall so continue by the space of thirty days at one time, such slave shall be tried before two justices of the peace and three freeholders, as before directed by this Act in case of murder, and being by them declared guilty of the offence, it shall be lawful for them to order the cord of one of the slave's legs to be cut off above the heel, or else to pronounce sentence of death upon the slave, at the discretion of the said justices; and any judgment given after the first offence, shall be sufficient conviction to bring the offenders within the penalty for the second offence; and after the second, within the penalty of the third; and so for the inflicting the rest of the punishments."[490]

If any slave attempted to run away from his or her master, and go out of the Province, he or she could be tried before two justices and three freeholders, and sentenced to suffer a most cruel death. If it could be proved that any Negro, free or slave, had endeavored to persuade or entice any other Negro to run off out of the Province, upon conviction he was punished with forty lashes, and branded on the forehead with a red hot iron, "that the mark thereof may remain." If a white man met a slave, and demanded of him to show his ticket, and the slave refused, the law empowered the white man "to beat, maim, or assault; and if such Negro or slave" could not "be taken, to kill him," if he would not "shew his ticket."

The cruel and barbarous code of the slave-power in South Carolina produced, in course of time, a re-action in the opposite direction. The large latitude that the law gave to white people in their dealings with the hapless slaves made them careless and extravagant in the use of their authority. It educated them into a brood of tyrants. They did not care any more for the life of a Negro slave than for the crawling worm in their path. Many white men who owned no slaves poured forth their wrathful invectives and cruel blows upon the heads of innocent Negroes with the slightest pretext. They pushed, jostled, crowded, and kicked the Negro on every occasion. The young whites early took their lessons in abusing God's poor and helpless children; while an overseer was prized more for his brutal powers—to curse, beat, and torture—than for any ability he chanced to possess for business management. The press and pulpit had contemplated this state of affairs until they, too, were the willing abettors in the most cruel system of bondage that history has recorded. But no man wants his horse driven to death, if it is a beast. No one cares to have every man that passes kick his dog, even if it is not the best dog in the community. It is his dog, and that makes all the difference in the world. The men who did the most cruel things to the slaves they found in their daily path were, as a rule, without slaves or any other kind of property. They used their authority unsparingly. Common-sense taught the planters that better treatment of the slaves meant better work, and increased profits for themselves. A small value was finally placed upon a slave's life,—fifty pounds. Fifty pounds paid into the public treasury by a man who, "of wantonness, or only of bloody-mindedness, or cruel intention," had killed "a negro or other slave of his own," was enough to appease the public mind, and atone for a cold-blooded murder! If he killed another man's slave, the law demanded that he pay fifty pounds current money into the public treasury, and the full price of the slave to the owner, but was "not to be liable to any other punishment or forfeiture for the same."[491] The law just referred to, passed in 1712, was re-enacted in 1722. One change was made in it: i.e., if a white servant, having no property, killed a slave, three justices could bind him over to the master whose slave he killed to serve him for five years. This law had a wholesome effect upon irresponsible white men, who often presumed upon their nationality, having neither brains, money, nor social standing, to punish slaves.

In 1740, May 10, the following Act became a law, showing that there had been a wonderful change in public sentiment rejecting the treatment of slaves:—

"XXXVII. And whereas, cruelty is not only highly unbecoming those who profess themselves christians but is odious in the eyes of all men who have any sense of virtue or humanity; therefore, to restrain and prevent barbarity being exercised towards slaves, Be it enacted by the authority aforesaid, That if any person or persons whosoever, shall wilfully murder his own slave, or the slave of any other person every such person shall, upon conviction thereof, forfeit and pay the sum of seven hundred pounds current money, and shall be rendered, and is hereby declared altogether and forever incapable of holding, exercising, enjoying or receiving the profits of any office, place or employment, civil or military, within this Province: And in case any such person shall not be able to pay the penalty and forfeitures hereby inflicted and imposed, every such person shall be sent to any of the frontier garrisons of this Province, or committed to the work house in Charlestown, there to remain for the space of seven years, and to serve or to be kept at hard labor. And in case the slave murdered shall be the property of any other person than the offender, the pay usually allowed by the public to the soldiers of such garrison, or the profits of the labor of the offender, if committed to the work house in Charlestown shall be paid to the owner of the slave murdered. And if any person shall, on a sudden heat of passion, or by undue correction, kill his own slave, or the slave of any other person, he shall forfeit the sum of three hundred and fifty pounds, current money. And in case any person or persons shall wilfully cut out the tongue, put out the eye, castrate, or cruelly scald, burn, or deprive any slave of any limb or member, or shall inflict any other cruel punishment, other than by whipping or beating with a horse-whip, cow-skin, switch or small stick or by putting irons on, or confining or imprisoning such slave, every such person shall, for every such offence, forfeit the sum of one hundred pounds, current money."[492]

It may be said truthfully that the slaves in the colony of South Carolina were accorded treatment as good as that bestowed upon horses, in 1750. But their social condition was most deplorable. The law positively forbid the instruction of slaves, and the penalty was "one hundred pounds current money." For a few years Saturday afternoon had been allowed them as a day of recreation, but as early as 1690 it was forbidden by statute. In the same year an Act was passed declaring that slaves should "have convenient clothes, once every year; and that no slave" should "be free by becoming a christian,[493] but as to payments of debts" were "deemed and taken as all other goods and chattels." Their houses were searched every fortnight "for runaway slaves" and "stolen goods." Druggists were not allowed to employ a Negro to handle medicines, upon pain of forfeiting twenty pounds current money for every such offence. Negroes were not allowed to practise medicine, nor administer drugs of any kind, except by the direction of some white person. Any gathering of Negroes could be broken up at the discretion of a justice living in the district where the meeting was in session.

Poor clothing and insufficient food bred wide-spread discontent among the slaves, and attracted public attention.[494] Many masters endeavored to get on as cheaply as possible in providing for their slaves. In 1732 the Legislature passed an Act empowering two justices of the peace to inquire as to the treatment of slaves on the several plantations; and if any master neglected his slaves in food and raiment, he was liable to a fine of not more than fifty shillings. In May, 1740, an Act was passed requiring masters to see to it that their slaves were not overworked. The time set for them to work, was "from the 25th day of March to the 25th day of September," not "more than fifteen hours in four-and-twenty;" and "from the 25th day of September to the 25th day of March," not "more than fourteen hours in four-and-twenty."