Slave Code South Carolina

Slave Code South Carolina - An Act for the better Ordering...

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An Act for the better Ordering and Governing [of] Negroes and other Slaves in this Province Whereas in his majesty's plantations in America, slavery has been introduced and allowed; and the people commonly called negroes, Indians, mulatos and mestizos have [been] deemed absolute slaves, and the subjects of property in the hands of particular persons the extent of whose power over slaves ought to be settled and limited by positive laws so that the slaves 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: Be it enacted, that all negroes, Indians (free Indians in amity with this government, and negroes, mulatos and mestizos who are now free excepted) mulatos or mestizos 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 for ever herafter absolute slaves, and shall follow the condition of the mother; and shall be deemed, … 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 that if any negro Indian mulato, or mestizo shall claim his or her freedom, it shall and may be lawful for such negro, Indian, mulato, or mestizo, 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, mulato or mestizo, claiming his, her or their freedom, and such guardians shall be enabled, intitled 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, mulato or mestizo. * * * Provided that in any action or suit to be brought in pursuance of the direction of this act the burthen of the proof shall lay upon the plaintiff, and it shall be always presumed, that every negro, Indian, mulato, and mestizo, is a slave unless the contrary can be made appear (the Indians in amity with this government excepted) in which case the burden of the proof shall lie on the defendant. * * * III. And for the better keeping slaves in due order and subjection: be it further enacted that no person whatsoever, shall permit or suffer any slave under his or their care or management, and who lives, or is employed in Charlestown, or any other town in this Province to go out of the limits of the said town, or any such slave, who lives in the country to go out of the plantation to which such
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This note was uploaded on 06/06/2008 for the course HISTORY 206 taught by Professor S.romney during the Spring '08 term at Whittier.

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Slave Code South Carolina - An Act for the better Ordering...

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